The standards and requirements outlined herein
shall be considered minimum and shall apply to site plans and subdivisions.
A.
All portions of a tract being subdivided shall be
taken up in lots, streets, open space or other proposed uses so that
small, undersized or nonconforming remnants and landlocked areas shall
not be created.
B.
Subdivisions and site plans shall be laid out to minimize
cutting and filling.
D.
All development proposals shall conform to the Borough
Master Plan and Official Map. The streets and their ultimate rights-of-way,
drainage rights-of-way, community facilities, public parks and playgrounds
shall be considered in approval of the development proposal.
A.
General regulations.
(1)
More than one principal use of principal structure
on a lot. In no case shall there be more than one single-family dwelling
permitted on a subdivision lot of record. More than one principal
nonresidential use or structure may be permitted on a single lot,
provided that all other requirements of this chapter shall be met
for each structure as though it were on an individual lot. Such would
be the case with a small shopping center consisting of several individual
proprietors within one structure.
(2)
In general, lot lines shall follow municipal boundary
lines rather than cross them.
(3)
The lot and yard regulations for any new buildings
or use shall not include any part of a lot that is required by any
other building or use to comply with the requirements of this chapter.
(4)
Residential lots must front on and have wholly owned
access to either an existing or proposed street.
(5)
Corner lots and double-frontage lots shall provide
for equal front yard setbacks on each street.
B.
Minimum lot size. Where a minimum lot size is specified,
no primary building or use shall be erected or established on any
lot of lesser size than as specified within this chapter, except as
specified below.
C.
Exceptions to minimum lot size. Any vacant lot existing
at the date of adoption of this chapter, whose area or dimensions
met the requirements of the district in which the lot was located
under the prior Land Use Ordinance and which does not meet such requirements
of this chapter, may have a building permit issued for a use permitted
for that zoning district, provided that the building coverage limit
is not exceeded, parking requirements are met and the yard provisions
are reduced by the same percentage that the area of such lot bears
to the zoning district requirements, except that no side yard shall
be less than half that required by this chapter or five feet, whichever
is greater.
[Amended 11-18-1997 by Ord. No. 97-10]
D.
Flag lots.
(1)
Flag lots are those which have access to a public
or private road by means of a strip of property connecting the flag
portion of the lot with the road. The Planning Board may classify
and approve as a minor subdivision a proposed new lot which does not
have the frontage required by this chapter.
(2)
The following regulations shall apply to flag lots:
(a)
The pole of the flag which provides access to
the roadway shall be a minimum of 50 feet wide for its entire length
and shall be owned as part of the lot.
(b)
The said strip or pole connecting such lot to
the road shall be reasonably suited for the construction and use as
a private lane and emergency vehicle access, and no building shall
hereafter either be erected within said lane nor altered therein so
as to obstruct or encroach into the same.
(c)
The body of the lot, excluding the pole or strip
which is owned by the applicant and which connects the lot to the
roadway, shall have an area of not less than five acres in the flag
portion of the lot in all districts, except for the Conservation Management
District (CM), where the minimum lot size for flag lots shall be 10
acres in the flag portion of the lot.
(d)
The pole or lane shall have a length of not
less than 300 feet, and the front lot line of the body of the lot
shall not be closer than 300 feet from the roadway. The front lot
line shall run approximately parallel to the road frontage.
(e)
Side yard lot lines are those whose angles relative
to the entrance road are between 45° and 135°. A rear lot
line for a flag lot is any line at the rear of the lot which is within
an angle of 45° to the public road entrance.
(f)
Only one such flag lot shall be permitted from
each tract.
(g)
Such subdivision approval shall not in any way
obligate or require the Borough to pave, repair, replace or maintain,
improve or acquire such 50 foot lane or pole for public road purposes
or to provide snow removal therefrom.
E.
Lot averaging subdivisions are single-family detached
residential developments that have a range of lot sizes, provided
that the maximum gross density or number of lots does not exceed that
which is required of a conventional subdivision of single-family detached
homes and the minimum lot size is not smaller than that required for
a lot in a single-family detached cluster subdivision. The bulk requirements
in lot averaging subdivisions shall be the same as single-family cluster
subdivisions as regulated in its particular zone district.
[Added 10-7-2003 by Ord. No. 2003-9]
In all districts, no portion of a building or
structure shall be built within the minimum depth of front, side or
rear yards as specified within this chapter, except as permitted herein
and as provided in the following:
A.
Parking areas shall be permitted within required yards
in the Commercial Office and Mixed Use Districts.
B.
Accessory buildings in yards. No detached accessory
building shall be permitted in a noncommercial district with a setback
of less than 10 feet.
[Amended 11-18-1997 by Ord. No. 97-10]
C.
On lots of less than 1/2 acre in area, attached decks
and porches may be constructed to the rear of an existing principal
building that is already in violation of the required side yard setback(s),
provided the existing side yard setback is not further violated and
further provided that the total coverage of the existing rear yard
by decks, porches and accessory buildings and structures shall not
exceed 40% of the rear yard area measured from the rear building line
to the rear lot line from side lot line to side lot line.
[Added 12-18-2007 by Ord. No. 2007-8]
A.
The height of structures is regulated to prevent loss
of life or excessive property damage through the inability of fire
equipment to reach upper stories or roofs.
B.
The height limitations specified in this chapter shall
not apply to church spires, belfries, cupolas and domes not intended
for human occupancy; nor to monuments, observation towers, windmills,
chimneys, smokestacks, flagpoles, masts, water towers and aerials,
except as herein specified. No such object shall exceed 75 feet except
where the shortest distance from the base of the object to the nearest
property line shall be greater than 75 feet. In such cases the object
may be equal to, but shall not exceed, that distance in height.
[Amended 10-7-1997 by Ord. No. 97-8]
A.
The length, width and shape of blocks shall be determined
with due regard to the following:
(1)
Provisions of adequate sites for the types of buildings
proposed.
(2)
Zoning requirements for lot sizes, dimensions and
minimum lot areas per dwelling unit.
(3)
The limitations and opportunities of the topography.
(4)
Safe and convenient vehicular and pedestrian circulation
and access.
(5)
In the design of blocks, special consideration shall
be given to the requirements of satisfactory fire protection.
B.
Pedestrian crosswalks may be required in blocks in
locations deemed necessary by the Planning Board. Such walkways shall
be 10 feet in width and shall be straight from street to street.
A.
Utility easements shall be provided as necessary.
Joint utilization of easements by two or more utilities is encouraged.
B.
To the fullest extent possible, easements shall be
centered on or adjacent to rear or side lot lines.
C.
Easements with a minimum width of 25 feet shall be
provided for utilities.
D.
Nothing shall be permitted to be placed, planted,
set or put within the area of a utility easement except lawns or suitable
low ground cover.
E.
Where a subdivision or land development is traversed
by a watercourse, there shall be a drainage easement or right-of-way
provided to the Borough conforming substantially with the line of
such watercourse and of such width based upon drainage calculations
for the floodplain as will be adequate to preserve natural drainage,
but not less than 50 feet (25 feet on either side of a watercourse)
or as may be required or directed by the Borough and/or the New Jersey
Department of Environmental Protection. This does not apply swales
or intermittent streams. The owner shall properly grade and seed slopes
and fence any open ditches when deemed necessary by the Borough.
F.
No stormwater management system shall be located within
designated common open space or natural resource protection land resulting
from a subdivision or site plan unless a stormwater management easement
has been designated. Such easement shall provide for further expansion
of the stormwater management area and provide right of access by the
managing organization and municipality.
G.
No sewage disposal system shall be located within
designated common open space or natural resource protection land resulting
from a subdivision or site plan unless a sewerage easement has been
designated. Such easement shall provide for future expansion of the
disposal area and provide right of access by the managing organization
and municipality.
H.
No right-of-way or easement for any purpose whatsoever
shall be created, recited or described in any deed unless the same
has been shown on the approved plan.
A.
General requirements applying to required off-street
parking.
(1)
Structures and uses in existence at the date of adoption
of this chapter shall not be subject to the requirements of this article
so long as the kind or extent of use is not changed, provided that
any parking facility now serving such structures or uses shall not
be reduced in the number of spaces provided.
(2)
Whenever there is an alteration of a use which increases
the parking requirements according to this article, the total additional
parking required for the alteration, change or extension shall be
provided in accordance with the requirements of this article.
(3)
No parking area shall be used for any use that interferes
with its availability for the parking need it is required to serve.
(4)
All required facilities shall be provided and maintained
as long as the use which the facilities were designed to serve exists.
The total extent of off-street parking facilities shall not be reduced
after their provision, except upon the approval of the Planning Board,
and then only after proof that, by reason of diminution in floor area,
seating area or the number of employees or change in other factors
controlling the regulation of the number of parking spaces, such reduction
is in conformity with the requirements of this article. Reasonable
precautions shall be taken by the owner or sponsor of particular uses
to assure the availability of required facilities to the employees
or other persons whom the facilities are designed to serve.
B.
Parking design requirements.
(1)
Design standards for parking stalls shall not apply
where the primary purpose is that of vehicle storage related to sales,
service or other use, both commercial and noncommercial.
(2)
Unless otherwise specified, parking stalls shall conform
to the following minimum dimensional standards:
|
Type
|
Width
(feet)
|
Depth
(feet)
| |
|---|---|---|---|
|
Conventional
|
9
|
18
| |
|
Handicapped
|
12.5
|
20
| |
|
Oversized1
|
(as determined by Borough Engineer)
| ||
|
NOTES:
| |
|---|---|
|
1Including but not
limited to recreational vehicles, tandem trailers, trucks and buses.
|
(3)
Parking for the handicapped or physically disabled
shall be provided for as follows:
|
Total Spaces
|
Handicapped Spaces Required
| |
|---|---|---|
|
10 to 50
|
1 space
| |
|
51 to 250
|
2.5%
| |
|
251 and over
|
2.0%
|
(4)
The width of all aisles providing direct access to
individual parking stalls shall be in accordance with the requirements
specified below. Only one-way traffic shall be permitted in aisles
serving single-row parking spaces placed at an angle other than 90°.
|
Parking Angle
(degrees)
|
Aisle Width
(feet)
| |
|---|---|---|
|
30
|
12
| |
|
45
|
13
| |
|
60
|
18
| |
|
90
|
24
|
(5)
Drives and parking aisles shall be designed so that
each motor vehicle may proceed to and from a parking stall without
requiring the moving of any other motor vehicle.
(6)
Parking areas shall be designed to allow for ingress
and egress from a parking area without backing from or into a street.
Access areas shall be designed so as to allow vehicles to enter a
street in a forward direction.
(7)
The design standards specified below shall also be
required for all off-street parking facilities with a capacity of
six or more vehicles.
(a)
The area not landscaped and so maintained, including
driveways and other permanent surfaces, shall be graded, surfaced
with asphalt and drained to the satisfaction of the Borough Engineer
to the extent necessary to prevent dust, erosion or excessive water
flow across streets or adjoining property. All off-street parking
spaces shall be marked so as to indicate their location. Failure to
keep parking areas in satisfactory condition (i.e., free from holes,
clearly delineated or properly graded) shall be considered a violation
of this chapter.
(b)
Access drives shall be at least 12 feet from
any property line except for the additional requirements in buffer
yards.
(c)
When required by the Planning Board, all parking
areas for any purpose other than single-family residences shall be
physically separated from any public street by a concrete curb and
by a planting strip which shall be not less than three feet in depth,
followed by a four-foot concrete sidewalk built to Borough specifications.
Concrete tire bumpers shall be installed so as to prevent vehicle
overhang on the sidewalk area. This three-foot planting strip shall
be parallel to the street line and shall be measured from the future
right-of-way.
(d)
Parking and display areas along collector roads
shall be set back at least 30 feet from the ultimate right-of-way
of said road in order to accommodate acceleration and deceleration
lanes and marginal access roads.
(8)
Parking lots with less than 20 spaces shall not have
a grade exceeding 5%. Parking lots with 20 or more spaces shall not
have a grade exceeding 3%. Any grade, cut, fill or height difference
exceeding four feet shall be subject to approval of the Planning Board.
(9)
All parking spaces shall be marked so that individual
spaces are identifiable.
C.
Interior circulation and access. Internal drives and
parking aisles shall be paved and provided with curbs and drainage
in conformance with the requirements of this chapter. Entrance drives
shall have a maximum grade of 2%.
D.
Off-street parking regulations for multifamily residential
and nonresidential uses.
(1)
In multifamily developments, all buildings shall front
upon a marginal street, service road, common parking lot or similar
area and not take access directly upon a public street or highway.
(2)
All accessways to a major collector shall be located
not less than 300 feet from the intersection of the center lines of
any streets or, in the case of county roads, in accordance with the
Land Development Standards of Hunterdon County, New Jersey.
E.
Computation of parking requirements.
(1)
When determination of off-street parking spaces required
by this chapter results in a requirement of a fractional space, any
fraction of 1/2 or less may be disregarded, while a fraction in excess
of 1/2 shall be counted as one parking space.
F.
Reduction of nonresidential parking requirements.
In order to prevent the establishment of more parking spaces than
are needed for nonresidential uses, the Planning Board may permit
a conditional reduction of parking space if the following conditions
are satisfied:
(1)
The conditional reduction of parking spaces may apply
if the minimum number of parking spaces required for a land use is
in excess of actual parking needs or if the operating schedule of
two or more land uses are such that a parking lot may be shared.
(2)
The parking lot design must designate sufficient space
to meet the parking requirement.
(3)
Within the Commercial Office District, any use existing
as of the effective date of this chapter which can be lawfully expanded
or any new use that cannot meet the parking requirements of this chapter
within the lot lines of the principal use may meet the parking requirements
of this chapter by either of the following:
(a)
On an annual basis the landowner shall show
proof of a lease of the required parking spaces within 600 feet of
the premises and in the same district; or
(b)
Pay the municipality a fee-in-lieu for each
required parking space, to be determined by a formula set forth by
the municipality for the acquisition, construction and maintenance
of public parking.
A.
In connection with any building or structure which
is to be erected or substantially altered and which requires the receipt
or distribution of materials or merchandise by trucks or similar vehicles,
off-street loading berths shall be provided as follows:
B.
A required off-street loading berth shall be at least
15 feet in width by at least 50 feet in length, exclusive of aisle
and maneuvering space, and shall have a vertical clearance of at least
16 feet.
For all nonresidential uses and multifamily
residential uses, provision shall be made for the orderly deposit,
storage and collection of trash, garbage and other waste material.
Any trash, garbage and other waste material stored outside of buildings
shall be stored in suitable containers and in fenced or walled enclosures
which shall be appropriately landscaped. Said enclosures may adjoin
the rear wall of a building or a side wall of a building which does
not face on either a street or a residential use or district or may
be located in the rear yard and apart from the principal building,
provided that all accessory building setbacks are met. Any trash,
garbage and waste material shall be so contained as to be protected
from the elements and to eliminate potential for accumulation or scattering
of debris.
A.
Purpose. Buffering serves to soften the outline of
buildings, to screen glare and noise and to create a visual and/or
physical barrier between conflicting land uses.
B.
Screening.
(1)
A completely planted visual barrier or landscape screen
with a minimum width of 50 feet shall be provided and continually
maintained between any industrial or commercial district and adjoining
residentially zoned district or residential use; in a residential
district between all townhouse, twin, duplex or apartment developments
and adjoining lower-density residential use; and around all public
utility operating facilities. The barrier or screen shall be of sufficient
density which cannot be seen through and of sufficient height to constitute
an effective screen and give maximum protection and immediate visual
screening.
(2)
Water towers, storage tanks, processing equipment,
fans, skylights, cooling towers, vents and any other structures or
equipment other than radio or television antenna which extend above
the roofline shall be architecturally compatible or effectively shielded
from view from any private or dedicated street by an architecturally
sound method which shall be approved by the Board before construction
or erection of said structures or equipment.
(3)
Where such screening is required, it shall be assured
by a maintenance guaranty posted with the Borough in an amount equal
to the estimated cost of trees and shrubs and planting. Such guaranty
shall be released only after passage of the second growing season
following planting.
C.
Landscaping.
(1)
Any part or portion of a site, to be occupied by a
major cluster subdivision or by large commercial or industrial developments
of 10 acres or more, which is not used for buildings, other structures,
loading and parking spaces and aisles, sidewalks and designated storage
areas shall be planted with an all-season ground cover and shall be
landscaped according to an overall plan prepared and sealed by a certified
landscape architect.
[Amended 10-7-2003 by Ord. No. 2003-9]
(2)
All mechanical and electrical equipment not enclosed
in a structure shall be fully and completely screened from view from
any point and in a manner compatible with the architectural and landscaping
style of the remainder of the lot.
D.
Buffer and landscape requirements for parking lots.
Every parking lot shall be subject to the following buffer requirements:
(1)
No off-street parking spaces shall be located less
than 20 feet from any public street right-of-way line and 10 feet
from any property line.
(2)
Any area for off-street parking or for display, storage,
sale or movement of six or more motor vehicles shall be enclosed,
except at entrances and exits, by an ornamental fence or wall consistent
with the architectural character of the surrounding uses or by a compact
evergreen hedge, not less than four feet in height. Where a planted
screen is proposed, it shall incorporate the planting of staggered
and overlapping evergreen and deciduous shrubs of such species and
size as will produce within two growing seasons (May through September).
These provisions shall not interfere with the maintenance of clear
sight lines at intersections.
(3)
Parking areas of a twenty-vehicle width shall be separated
from one another by planting strips not less than 10 feet in width.
(4)
No less than 10% of a proposed parking area must consist
of buffer areas and islands and must be landscaped and continually
maintained. Planting along the perimeter of a parking area, whether
for required screening or general beautification, will be considered
as part of the required parking area landscaping.
(5)
All parking areas shall have at least one tree of
one-and-one-half-inch caliper minimum for every five parking spaces
in single bays and one tree of one-and-one-half-inch caliper minimum
for every 10 parking spaces in double bays. Trees shall be planted
in such a manner as to afford maximum protection from the sun for
parked vehicles.
(6)
All off-street parking lots and areas for the display,
storage, sale or movement of six or more motor vehicles shall be adequately
buffered from adjacent streets and properties and landscaped in accordance
with an overall plan.
E.
Plant material.
(1)
Each of the buffer yards must utilize a mixture of
the plant materials listed as outlined within this subsection. Minimum
plant size, given either in height or in caliper, is indicated in
this table.
(2)
All planting materials shall meet the standards of
the American Association of Nurserymen.
|
Canopy trees (two-and-one-half-inch caliper):
| |
|---|---|
|
Acer ginnala — Amur Maple
| |
|
Acer rubrum — Red Maple
| |
|
Acer saccharum — Sugar Maple
| |
|
Betula alba — European White Birch
| |
|
Betula papyrifera — Paper Birch
| |
|
Fagus grandifolia — American Beech
| |
|
Fagus sylvatica — European Beech
| |
|
Fraxinus americana — White Ash
| |
|
Fraxinus pennsylvanica lanceolata — Green
Ash
| |
|
Ginkgo biloba — Ginkgo (male only)
| |
|
Gleditsia triacanthos inermis — Thornless
Honey Locust
| |
|
Liquidambar strataciflua — Sweet Gum
| |
|
Liriodendron tulipifera — Tulip Tree
| |
|
Phellodendron amurense — Amur Cork Tree
| |
|
Plantanus acerifolia — London Plane Tree
| |
|
Quercus alba — White Oak
| |
|
Quercus borealis — Red Oak
| |
|
Quercus coccinea — Scarlet Oak
| |
|
Quercus palustris — Pin Oak
| |
|
Quercus phellos — Willow Oak
| |
|
Robina psuedoacacia inermis — Thornless
Black Locust
| |
|
Sophora japonica — Japanese Pagoda Tree
| |
|
Tilia — Linden (all species hardy to the
area)
| |
|
Zelkova serrata — Japanese Zelkova
|
|
Flowering trees:
| |
|---|---|
|
Amelanchier canadensis — Shadbush Serviceberry:
5 feet to 6 feet
| |
|
Comus florida — Flowering Dogwood: 5 feet
to 6 feet
| |
|
Cornus kousa — Kousa Dogwood: 5 feet to
6 feet
| |
|
Cornus mas — Cornelian Cherry: 5 feet
to 6 feet
| |
|
Crataegus phaenopyrum — Washington Hawthorne:
5 feet to 6 feet
| |
|
Koelreuteria paniculata — Golden Rain
Tree: 8 feet to 10 feet
| |
|
Laburnum vossi — Goldenchain: 8 feet to
10 feet
| |
|
Magnolia soulangeana — Saucer Magnolia:
5 feet to 6 feet
| |
|
Malus baccata — Siberian Crab: 8 feet
to 10 feet
| |
|
Malus floribunda — Japanese Flowering
Crab: 8 feet to 10 feet
| |
|
Malus hopa — Hopa Red-Flowering Crab:
8 feet to 10 feet
| |
|
Oxydendrum arboreum — Sourwood: 5 feet
to 6 feet
| |
|
Pyrus calleryana Bradford — Callery Pear:
8 feet to 10 feet
| |
|
Prunus kwanzan — Kwanzan Cherry: 8 feet
to 10 feet
| |
|
Prunus yedoensis — Yoshino Cherry: 8 feet
to 10 feet
|
|
Evergreens (4 to 5 feet):
| |
|---|---|
|
Ilex opaca — American Holly
| |
|
Picea abies — Norway Spruce
| |
|
Picea pungens — Colorado Spruce
| |
|
Pinus nigra — Austrian Pine
| |
|
Pseudotsuga menziesii — Douglas Fir
| |
|
Tsuga canadensis — Canada Hemlock
|
|
Hedge:
| |
|---|---|
|
Crataegus crus-galli — Cockspur Thorn:
3 feet to 4 feet
| |
|
Forsythia intermedia — Border Forsythia:
4 feet to 5 feet
| |
|
Rhammus frangula columnaris — Tallhedge
Buckthorn: 3 feet to 4 feet
| |
|
Syringa chinensis — Chinese Lilac: 3 feet
to 4 feet
| |
|
Syringa vulgaris — Common Lilac: 4 feet
to 5 feet
|
|
Shrubs:
| |
|---|---|
|
Juniperus virginiana — Upright Juniper:
4 feet to 5 feet
| |
|
Pyracantha lalandi — Laland Firethorn:
5 feet to 6 feet
| |
|
Taxus capitata — Upright Yew: 21/2 feet
to 3 feet
| |
|
Taxus hicksi — Hicks Yew: 21/2 feet to
3 feet
| |
|
Thuja occidentalis — American Arborvitae:
4 feet to 5 feet
| |
|
Euonymus alatus — Winged Euonymus: 3 feet
to 4 feet
| |
|
Hamamelis vernalis — Vernal Witch Hazel:
4 feet to 5 feet
| |
|
Hamamelis virginiana — Common Witch Hazel:
4 feet to 5 feet
| |
|
Ilex verticillata — Winterberry: 4 feet
to 5 feet
| |
|
Rhamnus frangula — Glossy Buckthorn: 4
feet to 5 feet
| |
|
Viburnum dentatum — Arrowood Viburnum:
4 feet to 5 feet
| |
|
Viburnum Lantana — Wayfaringtree Viburnum:
4 feet to 5 feet
|
F.
Street trees.
(1)
Street trees shall be planted along all streets where
street trees do not exist.
(2)
Large street trees (mature height greater than 25
feet) shall be planted at intervals of not more than 40 feet and small
street trees at intervals of not more than 30 feet per each side of
the street. An equivalent number may be planted in an informal arrangement,
subject to Borough Planning Board approval.
(3)
At intersections, trees shall be located no closer
than 30 feet from the intersection of the street right-of-way.
(4)
A mixture of at least three different species of trees
is required.
(5)
Street trees shall be planted along the right-of-way
line, but not over underground utility easements, unless otherwise
approved by the Borough Planning Board.
(6)
Street trees shall be of nursery stock. They shall
be of symmetrical growth, free of insects, pests and disease, suitable
for street use and durable under the maintenance contemplated.
(7)
The minimum trunk diameter, measured at a height of
six inches above the finished grade level, shall be 21/2 inches.
(8)
Approved trees include the following:
|
Acer rubrum — Red Maple
| |
|
Acer saccharum — Sugar Maple
| |
|
Fraxinus americana — White Ash
| |
|
Fraxinus pennsylvanica lanceolate — Green
Ash
| |
|
Gleditsia triacanthos inermis — Thornless
Honey Locust
| |
|
Liquidamber styraciflua — Sweet Gum
| |
|
Liriodendron tulipifera- Tulip Tree
| |
|
Phellodendron amurense — Amur Cork Tree
| |
|
Platanus Acerifolia — London Plane Tree
| |
|
Quercus alba — White Oak
| |
|
Quercus coccinea — Scarlet Oak
| |
|
Quercus borealis — Red Oak
| |
|
Quercus palustris — Pin Oak
| |
|
Quercus phellos — Willow Oak
| |
|
Robina pseudoacacia inermis — Thornless
Black Locust
| |
|
Tilia — Linden (all species hardy to the
area)
| |
|
Zelkova serrata — Japanese Zelkova
| |
|
Acer ginnala — Amur Maple
| |
|
Cornus florida — Flowering Dogwood
| |
|
Crataegus phaenopyrm — Washington Hawthorn
| |
|
Gingko biloba — Gingko (male only)
| |
|
Prunus kwanzan — Kwanzan Cherry
| |
|
Pyrus calleryana Bradford — Callery Pear
| |
|
Sophora japonican — Japanese Pagodatree
|
(9)
Other species may be used upon approval by the Planning
Board.
For safety and security, the parking, loading,
ingress and egress areas of any commercial, office, industrial or
multifamily use and all intersections shall be provided with a minimum
of 1/2 footcandle at any point on the ground with lighting standards
in parking areas being located not farther than 100 feet apart. Lights
shall be provided on fixtures with a mounting height of not more than
25 feet or the height of the building, whichever is less, measured
from ground level to the center line of the light source. All outside
lighting shall be directed in such a way as not to create a nuisance
in any residential district, and in every district all such lighting
shall use a concealed light source or shall be arranged and shielded
so as to protect the street or highway and adjoining property from
direct glare or hazardous interference of any kind.
A.
General street regulations.
(1)
At the time any application, petition or request is
filed by any person, partnership, association or corporation for the
approval of the construction, opening or dedication of any proposed
road or street, the Borough shall be assured that said proposed street
or road shall be completed, and said assurance shall be governed by
the provisions of this chapter and by New Jersey Statutes, N.J.S.A.
40:55D-1 et seq. (Municipal Land Use Law).
(2)
Any person, partnership, association or corporation
making application or request for the approval of the construction,
opening or dedication of any proposed road shall bear all costs of
inspection of such roads and any drainage facilities connected therewith,
all engineering costs, all costs of survey and all other expenses
and costs incidental to construction, approval and dedication of such
street or road for public use, including legal fees.
(3)
If lots resulting from the original subdivision are
large enough to permit subdivision or if a portion of the tract is
not subdivided, adequate street right-of-way to permit further subdivision
shall be provided.
(4)
Streets that are extensions of existing streets shall
bear the names of the existing street. Street names shall not be duplicated
within the Borough, and all street names shall be subject to the approval
of the Borough Council.
(6)
New half or partial streets shall be prohibited except
where essential to reasonable subdivision or land development of a
tract in conformance with the other requirements or standards of these
regulations and where, in addition, satisfactory assurance for dedication
of the remaining parts of the street is secured by escrow funds or
surety bonds that said construction will be completed.
(7)
Wherever a tract to be subdivided or developed borders
on an existing half or partial street, the other part of the street
shall be platted within such tract.
(8)
Streets shall be logically related to topography so
as to produce reasonable grades, satisfactory drainage and suitable
building sites. Streets shall be so arranged to be generally parallel
to rather than across contour lines. Cut and fill should be minimized.
Streets shall be laid out to avoid hazardous areas such as floodplains,
steep slopes and other hazardous natural features.
B.
Existing streets.
(1)
Classification: Existing streets are classified in
the Master Plan on the Circulation Plan Map. Unclassified streets
shall be classified according to their function, at the request of
the applicant during subdivision or site plan review.
(2)
Standards.
(a)
The following chart is a guide to the dimensional
standards for the classification of existing streets:
|
Street Classification
| |||
|---|---|---|---|
|
Primary arterial:
| |||
|
Route 31.
| |||
|
Right-of-way: 80 feet to 100 feet.
| |||
|
Pavement: 48 feet to 80 feet.
| |||
|
Collector:
| |||
|
Proposed bypass road.
| |||
|
Fountain Grove Road.
| |||
|
Glen Manor Drive.
| |||
|
Sanatorium Road.
| |||
|
Right-of-way: 50 feet to 66 feet.
| |||
|
Pavement: 30 feet to 40 feet.
| |||
|
Subcollector:
| |||
|
Bell Avenue.
| |||
|
Proposed bypass road - Smith Street Link.
| |||
|
Hill Road.
| |||
|
Main Street.
| |||
|
School Street.
| |||
|
Right-of-way: 50 feet.
| |||
|
Pavement: 22 feet to 36 feet.
| |||
|
Rural local and all other roads in the Borough:
| |||
|
Right-of-way: 40 feet.
| |||
|
Pavement: 22 to 26 feet.
| |||
(b)
Additional widths of right-of-way and/or pavement
may be required along the frontage of the proposed development if
it is determined by the Borough that they are necessary to prevent
unsafe turning movements, traffic congestion or fire hazards.
(c)
Curbs shall be required.
A.
The purpose of these provisions is to establish appropriate
standards for the design of streets in residential subdivisions that
will:
(1)
Promote the safety and convenience of vehicular traffic.
(2)
Protect the safety of neighborhood residents.
(3)
Minimize the long-term costs for maintenance and repair
of streets.
(4)
Minimize crime in residential areas.
(5)
Protect the residential qualities of neighborhoods
by limiting traffic volume, traffic speed, noise and fumes.
(6)
Encourage efficient use of land.
(7)
Minimize the cost of street construction.
(8)
Minimize the construction of impervious surfaces.
B.
Residential street hierarchy. The intent of this section
is to create an integrated residential street system by creating varying
street standards within which the developer may design a residential
subdivision or land development. The street hierarchy is related to
Average Daily Traffic (ADT) levels, lot frontage and the need for
on-street parking. The following hierarchy is hereby established for
rural local roads:
C.
Classification. New residential streets will be classified
according to the expected ADT level of the streets. If subdivision
lots are large enough for further subdivision, the Borough Planning
Board may require that the street be constructed to the standards
of a higher classification, unless deed restricted against further
development.
D.
Design options.
(1)
All new residential streets shall be designed to meet
the following requirements for individual street types.
[Amended 12-18-1990 by Ord. No. 90-6]
(2)
No new residential street may tie into an existing
residential street if the expected ADT from the new development will
exceed the allowable ADT level for the street classification of the
existing street.
(3)
Trip generation rates. The trip generation rates for
major land use categories established by the Institute of Transportation
Engineers shall be used to estimate future trip generation for land
uses.
E.
Residential access streets. This is the lowest order
street in the hierarchy. It is intended to carry the least amount
of traffic at the lowest speed. It will provide the safest and most
desirable environment for a residential neighborhood. Developments
should be designed so that as many houses as possible front on this
type of street.
(1)
Service restrictions: Each residential access street
shall be designed so that no section of the street conveys a traffic
volume greater than 200 ADT. Each half of a loop street may be regarded
as a single local access street, and the total traffic volume conveyed
on a loop street shall not exceed 400 ADT. All features of the geometric
design of residential access streets that are not specified below
shall be designed for a design speed of 25 miles per hour.
(2)
Street access. A residential access street may intersect
or take access from any existing street type. Both ends of a loop
street, however, must intersect the same collecting street and be
laid out to discourage the passage of through traffic on it.
(3)
Street width and curbing. See the Table of Street
Design Options at the end of this article.[1]
[1]
Editor's Note: The Table of Street Design Options is included at the end of this chapter.
(4)
Shoulders. When curbing is not required, two-foot-wide
stabilized turf shoulders shall be provided on both sides of the cartway.
(5)
Length of cul-de-sac. No cul-de-sac shall provide
access to more than 10 lots and shall not exceed a length of 1,000
feet. Cul-de-sac length shall be measured along the center line, from
the center line of the intersecting through street to the center point
of the terminus.
(6)
Cul-de-sac turnaround. A paved area with an outside
turning radius of 50 feet and a sixty-five-foot right-of-way turning
radius shall be provided at the terminus of every permanent cul-de-sac.
If the radius is more than 50 feet, a center island shall be provided.
Ring-shaped culs-de-sac shall provide a continuous fifteen-foot-wide
paved cartway. Other alternative designs may be approved by the Planning
Board, provided that they meet these minimum radius and cartway width
requirements. Center line grade in the turnaround shall not exceed
5%.
(7)
Engineering criteria. All features of the geometric
design of residential access streets that are not specified below
shall be designed for a design speed of 25 miles per hour.
F.
Residential subcollector. This is the middle order
street in the hierarchy. It will carry more traffic than the residential
access street. It should provide an acceptable environment for a residential
neighborhood.
(1)
Service restrictions.
(a)
No subcollector shall be designed so that any
section of it conveys a traffic volume greater than 500 ADT. (Each
half of a loop subcollector street may be regarded as a single subcollector
street, and the total traffic volume conveyed on a loop street shall
not exceed 1,000 ADT.)
(b)
Subcollector streets shall be designed to exclude
all external through traffic which has neither origination nor destination
on the subcollector or its tributary residential access streets.
(2)
Street access. Every subcollector must be provided
with at least two access intersections to a street of higher classification
in the streets hierarchy, namely existing or proposed collector roads
or arterial highways. In no case shall a subcollector end in a cul-de-sac.
(3)
Street width and curbing. See the Table of Street
Design Options at the end of this article.[2]
[2]
Editor's Note: The Table of Street Design Options is included at the end of this chapter.
(4)
Shoulders. When curbing is not required, two-foot-wide
stabilized turf shoulders shall be provided on both sides of the cartway.
(5)
Moving lanes. All subcollector streets shall be provided
with two continuous moving lanes within which parking is prohibited.
(6)
Engineering criteria. All features of the geometric
design of subcollector streets that are not specified below shall
be designed for a design speed of 30 miles per hour:
G.
Residential collector. This is the highest order street
that could be classified as residential. It will carry the largest
volume of traffic at higher speeds. In large residential developments,
this class of street may be necessary to carry traffic from one neighborhood
to another or from the neighborhood to streets connecting to other
areas in the community. This level of street is unsuitable for providing
direct access to homes, and provision of such access to homes should
be avoided.
(1)
Service restrictions.
(a)
Provision of a residential collector street
or road system is mandated wherever any proposed development is of
sufficient magnitude to render it impossible to meet maximum anticipated
service volume (ADT) standards established for local access and subcollector
streets. Generally, a nonfrontage collector may be necessary whenever
a development exceeds 150 dwelling units or when it carries external
traffic in addition to traffic generated by the development.
(b)
Residential collectors shall be laid out to
discourage excessive external through traffic, except where linkage
between bordering roads may be determined to be desirable as indicated
in the Borough Master Plan or by the Borough Planning Board during
plan review. Upon recommendation of the Borough Engineer, the Borough
Planning Board may impose additional standards on the design of the
roadway, if additional external through traffic shall so warrant.
(c)
Whenever possible, residential collector streets
should be designed to have no residential lots directly fronting on
them. In addition, only lots having frontages of 100 feet or greater
may front on collector roads, and space shall be provided on these
lots for turnarounds so that vehicles will not have to back out onto
collector roads.
(d)
On-street parking shall be prohibited on residential
collector streets.
(2)
Street access. Every residential collector must be
provided with no fewer than two access intersections to streets of
equal or higher classification in the streets hierarchy.
(3)
Street width and curbing. Curbs should be provided
along residential collector roads.
(4)
Shoulders. Three-foot-wide stabilized turf shoulders
are required along both sides of the residential collector street
cartway.
(5)
Moving lanes. All residential collector streets shall
be provided with a minimum of two moving lanes.
(6)
On-street parking. On-street parking shall be prohibited
on residential collector streets.
(7)
Engineering criteria. All features of the geometric
design of residential collectors that are not specified below shall
be designed for a speed of 35 miles per hour.
(a)
Minimum grade: 1%.
(b)
Maximum grade: 8%.
(c)
Horizontal curvature: minimum center-line radius
of 350 feet.
(d)
Minimum tangent length between reverse curves:
150 feet.
(e)
Superelevation: 0.08 foot/foot.
(f)
Stopping sight distance: 275 feet minimum.
(g)
Maximum grade within 50 feet of intersection:
3% minimum.
A.
Driveways in single-family detached developments shall
exit only onto interior access streets, except where this can be specifically
shown by the developer to be impractical and he or she receives the
approval of the Borough Engineer and the Planning Board.
(1)
Driveways shall be located no less than 40 feet from
any street intersection. Driveways to corner lots shall gain access
from the street of lower classification when a corner lot is bounded
by streets of two different classifications as described herein.
(2)
There shall be adequate driveway turnaround space
on each lot so that no vehicle need back out onto a residential collector
or higher-volume street in order to leave the lot or back into the
lot in order to enter the lot.
(3)
Driveways shall be so located, designed and constructed
as to provide a reasonable sight distance at intersections with streets,
with a stopping space not to exceed a four-percent grade 20 feet behind
the right-of-way line. Sight distance shall be a minimum of 150 feet
in both directions. No driveway shall be constructed at a profile
grade exceeding 15% at any point and shall be a minimum of 12 feet
wide.
(4)
All driveways shall be at least five feet from any
side or rear lot line.
B.
Marginal access streets.
(1)
Classification and design. Marginal access streets
are required, unless specifically waived by the Borough, as an alternative
to stripping off lots along existing major and minor collector streets
or proposed residential collector streets. Marginal access roads shall
be classified and designed to conform with the design standards and
service restrictions of either residential access, subcollector or
collector roads.
(2)
Intersection spacing.
(a)
The minimum distance between intersections of
the marginal access street with residential collectors shall be 300
feet, and in residential areas the distance between intersections
of the marginal access street with higher-order streets shall be determined
by the Borough Engineer based upon the traffic characteristics of
the higher-order street.
(b)
When two adjacent lots proposed for nonresidential
uses front on a collector or arterial road, the applicant shall be
required to provide common ingress and egress. When three or more
adjacent lots proposed for nonresidential uses front on a collector
or arterial road, the applicant shall be required to provide a marginal
access street for common ingress and egress. Provisions shall be made
for the eventual continuation of the street to adjacent properties.
[1]
Access onto marginal access roads from commercial,
industrial and other nonresidential uses shall be at intervals of
not less than 150 feet.
[2]
Access onto arterial or collector highways from
a marginal access road shall be at intervals of not less than 600
feet.
[3]
Access onto local streets from commercial, industrial
and other nonresidential uses shall be at intervals of not less than
150 feet.
(3)
A minimum distance of 30 feet shall be provided between
the marginal access cartway and the higher-order street cartway. This
area shall be used to provide a visual screen between the roadways
by landscaping or by use of a berm.
The right-of-way width of private internal roads
in commercial and industrial developments shall be determined on an
individual basis and shall be in all cases of sufficient width and
design to safely accommodate the maximum traffic, parking and loading
needs and maximum access for fire-fighting equipment.
Private roads for multifamily residential and
nonresidential uses shall meet the following specifications:
A.
The right-of-way for private roads shall be 50 feet.
B.
The cartway shall consist of a sixteen-foot improved
width and twenty-foot graded width.
C.
An apron improved with bituminous concrete of a width
of 20 feet and for a distance of 35 feet is required where public
and private roads intersect.
D.
No private road shall have a grade of less than 1/2%
nor greater than 15%. Grades of more than 3% within 35 feet of the
point of intersection with a public street right-of-way are prohibited.
E.
Private roads with grades exceeding 12% will not be
permitted for more than three lots.
F.
Private roads shall be designed with horizontal and
vertical curvatures for a design speed of 20 miles per hour.
G.
Intersection with public streets shall be as close
to right angles as possible, but in no case shall be less than 60°.
H.
Clear sight triangles shall be provided at intersections
with public streets.
I.
For private roads more than 1,000 feet in length,
a cul-de-sac terminus in accordance with cul-de-sac standards herein
shall be provided.
J.
The Borough Engineer shall prepare private road specifications
for base and surface. It is suggested that private roads be constructed
so that the base meets township road construction specifications.
The surface shall meet specifications as determined by the Borough
Engineer and shall take into consideration the number of lots gaining
access from the private road. Stormwater may be detained and directed
through roadside trenches filled with stone.
K.
Improved pullover or passing areas shall have a width
of six feet and a length of 25 feet with sixteen-foot tapers at each
end shall be provided within sight of each other, and in no case more
than 1,000 feet apart.
L.
All private roads, whether existing or hereafter established,
shall be maintained in a condition to permit the safe passage of police,
fire, first aid or other emergency vehicles.
M.
Permission to create a lot or obtain a building permit
for a residential unit served by a private road shall be contingent
on the establishment of a homeowners' association which will fund
and administer private road maintenance. This document will bind all
users of the private road and will be subject to Planning Board review
and approval.
N.
If, in the opinion of the Borough Council, after a
report from the Borough Engineer, any private road is not maintained
in a safe condition, after a written notice to owners and hearing
by the Borough Council, said private road may be repaired at the Borough
Engineer's direction and the owner(s) specially assessed for the costs
involved.
O.
The requirement for homeowners' association participation
and special assessment for maintenance defaults shall be noted on
the final plat and shall be stipulated in any covenant for conveyance
of title to property served by a private road, including the proportionate
allocation of cost of maintenance for each property so served.
P.
A private road shall have direct access to a public
street and not solely to another private road.
Q.
Monuments for a private road shall be the same size
and shape as required for a public street.
A.
Corner sight distance. All intersections shall be
designed in profile and grade and shall be so located as to permit
the following minimum sight distances per the specifications of the
American Association of State Highway Officials:
|
Design Speed
(miles per hour)
|
Minimum Sight Distance
(feet)
| |
|
25
|
150
| |
|
30
|
200
| |
|
35
|
250
| |
|
40
|
325
| |
|
45
|
350
| |
|
50
|
475
|
B.
Critical sight areas.
(1)
Natural or man-made obstacles shall not be located
in the critical sight areas. To the extent that the critical sight
area is located on property owned or controlled by the developer,
sight easements as described below shall be dedicated to the Borough
of Glen Gardner or to the County of Hunterdon.
(2)
Such sight easements shall ensure that an unobstructed
view of the road shall be maintained through the thirty-foot-by-one-hundred-foot
dedication at any height between two feet and 10 feet above the surface
of the thirty-foot leg of the sight triangle. This provision is not
intended to require the removal of all objects within the thirty-foot-by-one-hundred-foot
zone; traffic control devices and other man-made or natural objects
may remain if it can be demonstrated that they do not obstruct the
view of oncoming traffic. These standards are minimum standards for
sight easements. Some instances may require a larger sight distance
easement.
(3)
Sight easements shall consist of the area bounded
by the right-of-way lines and a straight line connecting "sight points"
on street right-of-way lines which are the following distances from
the intersection of the projection of said lines:
(a)
Where a lower-order street intersects a higher-order
street, 30 feet on the lower-order street and 100 feet on the higher-order
street.
C.
Curb radius. Minimum curb or edge of pavement radius
shall be determined according to the specifications for the street
of higher classification in the street system hierarchy, as specified
below:
D.
Intersection angle. Street intersections shall be
as nearly at right angles as possible, and in no case shall be less
than 75°.
E.
Turning lanes. Deceleration or turning lanes may also
be required by the Borough along existing and proposed collector and/or
arterial roads whenever these intersect other collector or primary
roads or as needed, as determined by a required traffic impact study.
A.
The developer shall erect at every street intersection
a street sign or street signs meeting Borough approval, having thereon
the names of the intersecting streets. At intersections where streets
cross, there shall be at least two such street signs, and at the intersections
where one street ends or joins with another street, there shall be
at least one such street sign.
B.
Street signs are to be erected on or before occupancy
of the first use on the street. Temporary street signs may be erected
on the approval of the Borough Planning Board, but shall be made permanent
when the first unit is occupied on the street.
C.
The installation of all traffic control signs, equipment
or devices required within the development and along the frontage
shall be shown on the plan, approved by the New Jersey Department
of Transportation, where required, and installed at the cost of the
developer.
All streets shall be paved with a five-inch
bituminous stabilized base course and a two-inch bituminous concrete
surface course (Mix I-5) in accordance with the Standard Specifications
for Road and Bridge Construction as published by the New Jersey Department
of Transportation (current issue). No street shall be paved until
the underground utilities have been provided for and a certification
of the same has been received from the Borough Engineer.
A.
Sidewalks shall be required.
B.
A minimum width of all sidewalks shall be four feet
for residential uses and 10 feet for nonresidential uses.
C.
The grades and paving of the sidewalks shall be continuous
across driveways except in cases where heavy traffic volume dictates
special treatment.
E.
At corners and pedestrian street-crossing points,
sidewalks shall be extended to the curbline with an adequate apron
area for anticipated pedestrian traffic.
F.
Sidewalks shall not exceed an eight-percent grade.
Steps or a combination of steps and ramps shall be utilized to maintain
the maximum grade, where necessary. Where sidewalk grades exceed 5%,
a nonslip surface texture shall be used.
G.
In addition to the preceding requirements, all sidewalks
shall provide ramps for adequate and reasonable access for the safe
and convenient movement of physically handicapped persons, including
the movement of wheelchairs across pedestrian crosswalks. The applicable
state regulations for handicapped access shall apply.
A.
Traffic impact study.
(1)
Requirements.
(a)
A traffic impact study shall be required for
all major subdivisions and land developments that meet one or more
of the following criteria:
[1]
Residential: three or more dwelling units.
[2]
Commercial: a commercial building or buildings
consisting of 5,000 square feet or more of gross leasable floor space,
and all fast-food franchises.
[3]
Office, institutional or industrial: a development
consisting of 10,000 square feet or more of gross leasable floor space.
(b)
These impact studies shall be reviewed by the
Borough and must be found to be satisfactory prior to granting preliminary
approval. Any improvements identified by the studies will be required
improvements at the time final plan approval is granted.
(2)
Purpose. The study will enable the Borough to assess
the impact of a proposed development on the traffic system. Its purpose
is: to ensure that proposed developments do not adversely affect the
traffic network; to identify any traffic problems associated with
access from the site onto the existing roads; and to delineate solutions
to potential problems and to present improvements to be incorporated
into the proposed development.
(3)
Traffic impact statements shall include the following:
(a)
General site description. The site description
shall include the size, location and proposed land uses, construction
staging and completion dates or types of dwelling units. A brief description
of other major existing and proposed land developments within one
mile of the proposed development shall also be included.
(b)
Traffic facilities description. The description
shall contain a full documentation of the proposed internal and existing
highway system. The report shall describe the external roadway system
within the area. Major intersections in the area shall be identified
and sketched. All future highway improvements which are part of proposed
surrounding developments shall be noted and included in the calculations.
(c)
Existing traffic conditions. Existing traffic
conditions shall be measured and documented for all roadways and intersections
within a one-mile radius of the site. Manual traffic counts at major
intersections in the study area shall be conducted, encompassing the
peak highway and development-generated hour(s), and documentation
shall be included in the report. A volume/capacity analysis based
upon existing volumes shall be performed during the peak highway hour(s)
and the peak development-generated hour(s) for all roadways and major
intersections in the study area. Levels of service shall be determined
for each location. This analysis will determine the adequacy of the
existing roadway system to serve the current traffic demand. Roadways
and/or intersections experiencing Levels of Service E or F, as described
in this section,[1] shall be identified.
[1]
Editor's Note: See Subsections A(3)(g)[4] and A(3)(g)[5] below.
(d)
Traffic impact of the development. Estimation
of vehicular trips to result from the proposed development shall be
completed for the average daily peak highway hour(s). These development-generated
traffic volumes shall be provided for the inbound and outbound traffic
movements as estimated, and the reference source(s) and methodology
followed shall be documented. All turning movements shall be calculated.
These generated volumes shall be distributed to the area and assigned
to the existing roadways and intersections throughout the area. Documentation
of all assumptions used in the distribution and assignment phase shall
be provided. Traffic volumes shall be assigned to individual access
points. Any characteristics of the site that will cause particular
trip generation problems shall be noted.
(e)
Analysis of traffic impact. The total future
traffic demand shall be calculated. This demand shall consist of the
combination of existing traffic expanded to the completion year, the
development-generated traffic and the traffic generated by other proposed
developments in the study area. A second volume/capacity analysis
shall be conducted using the total future demand and the future roadway
capacity. This analysis shall be performed during the peak highway
hour(s) for all roadways and major intersections in the study area.
Volume/capacity calculations shall be completed for all major intersections.
All access points shall be examined as to the necessity of installing
traffic signals, based on projected traffic volume.
(f)
Conclusions and recommendations. Levels of service
for all roadways and intersections shall be listed. All roadways and/or
intersections showing a level of service below Level C shall be considered
deficient, and specific recommendations for the elimination of these
problems shall be listed. This listing of recommended improvements
shall include, but not be limited to, the following elements: internal
circulation design, site access location and design, external roadway
and intersection design and improvements, traffic signal installation
and operation, including signal timing and transit design improvements.
All physical roadways shall be shown in sketches. The applicant shall
be responsible for all recommended improvements. The estimated cost
of the improvements shall be listed along with the projected completion
date of the work.
(g)
Levels of services.
[1]
Level of Service A describes a condition of
free flow, with low volumes and high speeds. Traffic density is low,
with speeds controlled by drivers' desires, speed limits and physical
roadway conditions. There is little or no restriction in maneuverability
due to the presence of other vehicles, and drivers can maintain their
desired speed with little or no delay.
[2]
Level of Service B is in the zone of stable
flow, with operating speeds beginning to be restricted somewhat by
traffic conditions. Drivers still have reasonable freedom to select
their speed and lane of operation. Reductions in speed are not unreasonable,
with a low probability of traffic flow being restricted. The lower
limit (lowest speed, highest volume) of this level of service has
been associated with service volumes used in the design of rural highways.
[3]
Level of Service C is still the zone of stable
flow, but speeds and maneuverability are more closely controlled by
the higher volumes. Most of the drivers are restricted in their freedom
to select their own speed, change lanes or pass. A relatively satisfactory
operating speed is still obtained, with service volumes perhaps suitable
for urban design practices.
[4]
Level of Service D approaches unstable flow
with tolerable operating speeds being maintained. However, such speeds
can be affected considerably by changes in operating conditions. Fluctuations
in volume and temporary restrictions to flow may cause substantial
drops in operating speeds. Drivers have little freedom to maneuver
and comfort and convenience levels are low. Such conditions can be
tolerated for short periods of time.
[5]
Level of Service E cannot be described by speed
alone, but represents operations at even lower operating speeds than
in Level D, with volumes at or near the operating capacity of the
highway. At capacity, speeds are typically about 30 miles per hour.
Flow is unstable and there may be stoppages of momentary duration.
[6]
Level of Service F describes forced flow operation
at low speeds where volumes are below capacity. These conditions usually
result from lines of vehicles backing up from a restriction downstream.
The section under study will be serving as a storage area during parts
or all of the peak hour. Speeds are reduced substantially, and stoppages
may occur for short or long periods of time because of the downstream
congestion. In the extreme, both the speed and volume can drop to
zero.
B.
Environmental impact statement.
(1)
Applicability. An environmental impact statement (EIS) is required as part of any application for development involving new buildings or any land disturbance which requires approval by the Planning Board unless exempt under § 104-51B(6) as contained herein. An EIS is also required for all public and quasi-public projects unless they are exempt from the requirements of local law by supervening county, state or federal law.
(2)
Filing requirements. An application for development shall be accompanied by 20 copies of an EIS unless waiver is desired, in which case the application shall be accompanied by a request for waiver pursuant to § 104-51B(6).
(3)
Contents. The EIS shall discuss and analyze those
factors required for and pertinent to the particular project. Where
the information is provided elsewhere in the application, it may be
incorporated by reference. The applicant may request a preapplication
work session with the Planning Board to discuss the scope and detail
of the EIS, and the Planning Board may seek the advice of its professionals
in determining said scope and detail. The EIS shall address each of
the items outlined below to the degree and extent it is pertinent
to the project, in addition to any further information the Borough
may request. In preparing the EIS, the applicant may utilize information
available from the Borough. The following information shall be included
in the EIS:
(a)
Plan and description of proposed project. A
project description, complete with site plan, which shall specify
the purpose of the proposed project, including products and services,
if any, being provided and the regional, municipal and neighborhood
setting, including current land use of the project site and properties
within 500 feet thereof.
(b)
Inventory of existing natural features. Generally,
an inventory will consider the air quality, topography, surface waterbodies,
surface water quality, aquatic biota, soils, geology, groundwater,
vegetation, wildlife and archaeological and historical features. Forest
vegetation is to be classified by type and age class. The distribution
types and classes will be indicated on a map, the scale of which will
be one inch equals 100 feet or such other scale as may be required.
The location, species and diameter at 41/2 feet above the ground of
all isolated trees six inches or more in diameter are to be shown
on the same or a separate map.
(c)
Assessment of environmental impact of project. An assessment supported by environmental data of the environmental impact of the project upon the factors described in § 104-51B(3)(b) above, and specifically the following:
[1]
Wastewater management.
[a]
An estimate of the expected quantity
and type of wastewater expected from the proposed development. If
any flow is expected, discuss:
[i]
If disposal is on site, the relation
to topography, soils and underlying geology, including water table,
aquifer recharge areas and all wells within 500 feet of the disposal
area. Include results of all percolation tests and soil logs as required
by this chapter.
[ii]
If disposal is to an existing
private facility or to a public facility, identification, owner and
location of the plant and location of the existing collection point
to which the proposed project would be connected. Documentary evidence
that the expected flows from the proposed facility will be accepted
and can be treated adequately by the private or public facility must
accompany the EIS.
[b]
Compliance with all applicable
state and municipal health regulations.
[2]
Water supply. Information as required under § 104-54, Utilities, shall be included as part of the EIS.
[3]
Stormwater drainage. A discussion of the stormwater management plan to be submitted in conformance with Article XXIII of this chapter.
[4]
Stream corridors. A description of any streams and immediate environs, steep bank, springs and wetlands and streamside vegetation located on the property, including a map depicting the floodway and flood hazard area in compliance with Article VI, § 104-29, Floodplain District. The applicant shall supply copies of all resource information provided to the Division of Water Resources in support of his or her application for any required encroachment permit.
[5]
Solid waste disposal. Estimate the volume of
solid wastes, by type, including excess earth, expected to be generated
from the proposed project during construction and operation and describe
plans for collection, storage, transportation and disposal of these
materials. Identify the location(s), type(s) and owner(s) of the facility
(facilities) which will receive such solid waste. If the facility
is a landfill, submit proof that it is registered with the Division
of Environmental Quality, New Jersey Department of Environmental Protection,
and is operated in compliance with the New Jersey Sanitary Code.
[6]
Air quality. Describe each source, its location,
the quantity and nature of materials to be emitted from any furnace
or other device in which coal, fuel oil, gasoline, diesel fuel, kerosene,
wood or other combustible material will be burned or if any other
source of air pollutants, including automobiles attracted to the facility,
will be present on the site during or after construction. Evidence
of compliance with any applicable state and federal regulations shall
accompany the EIS. If a state or federal emission permit is required,
a copy of all resource data submitted with the application for the
permit shall also accompany the EIS.
[7]
Noise. A statement of anticipated effects on
noise and vibration levels, magnitude and characteristics related
to on-site activities and proposed method(s) of control. Background
levels of noise throughout the anticipated area affected must be determined.
Any applicant for industrial and commercial use must show that after
construction and during normal operation the enterprise will not exceed
the State of New Jersey regulations controlling industries and commercial
stationary sources (N.J.A.C. 7.29-1.1 et seq.).
[9]
Social economic. An analysis of the factors
affecting the finances of the Borough, which shall include the estimated
changes in tax receipts and fiscal outlay for municipal services,
calculation of the number of school-age children to be produced and
any addition to existing municipal services rendered by the project.
[10]
Aesthetics. Discuss how the natural
and present character of the area will be changed as a result of the
proposed action.
[11]
Artificial light. A statement
of anticipated effects on light, magnitude and characteristics related
to on-site activities and proposed method(s) of control, with particular
attention to the control of sky glow.
[12]
Critical areas. A statement of the impact on critical areas, such as areas of high water table, aquifer recharge and discharge areas, highly erodible soils and other environmentally sensitive features as described in Article VI, § 104-26C(2)(b), Table of Natural Resource Restrictions.
[13]
Energy conservation. A description
of the site in terms of its physical orientation to solar access and
prevailing winds, addressing the building and site design and arrangement
in terms of energy-efficient principles and maximum utilization of
renewable energy sources.
(d)
Environmental protective measures. The EIS shall
contain a listing of all environmental protective measures which will
be used should the proposed project be implemented. These are measures
which will avoid or minimize adverse effects on the natural and man-made
environment of the site and region during the construction and operation
of the facility.
(e)
Adverse impacts which cannot be avoided. The
EIS shall contain a summary list, without discussion, of the potential
adverse environmental impact which cannot be avoided should the proposed
project be implemented. Short-term impacts should be distinguished
from irreversible impacts. Any impacts on critical areas, as identified
above, should specify the type of criteria involved and the extent
of similar areas which will not be affected.
(f)
Summary environmental assessment. The EIS shall
contain a concise summary of the environmental impact assessment for
the proposed project. This summary will evaluate the adverse and positive
environmental effects to the project should it be implemented and
the public benefits expected to derive from the project, if any.
(4)
Planning Board review. In reviewing the EIS, the Planning
Board shall take into consideration the effect of the proposed project
upon all aspects of the environment, including but not limited to
sewage disposal, water quality, water supply, preservation of trees
and vegetation, protection of watercourses, protection of air resources,
protection of aquifers, protection of public lands and their uses
and ecosystems and the avoidance of any nuisance factors. The Planning
Board will submit the EIS for review by the Borough's professionals
and may submit such statement to other governmental bodies and to
consultants as it may deem appropriate. The Planning Board shall request
that an advisory report be made to it by the governmental body or
consultant within 45 days of the submission of the EIS to such governmental
body or consultant. The Planning Board shall reject the proposed project
on an environmental basis, if it can reasonably determine that the
proposed project:
(5)
Conditions. The steps to be taken to minimize the
adverse environmental impacts during construction and operation and
the alternatives which may be approved by the Planning Board shall
constitute conditions of the approval of the EIS, together with such
other conditions as the Planning Board may impose. No certificate
of occupancy shall be issued until compliance shall have been made
with such conditions.
(6)
Waiver. The Planning Board, at its sole discretion,
may waive the requirement for an EIS, in whole or in part, upon receipt
of a written request, if sufficient evidence is submitted to support
a conclusion that the proposed project will have a negligible environmental
impact or that a complete EIS need not be prepared in order to adequately
evaluate the environmental impact of a project.
The following open space regulations shall apply
to all uses, as they are applicable:
A.
General.
(1)
Cluster subdivisions shall meet the open space requirements
of this chapter. A performance bond or other security in accordance
with this chapter will be required to cover the cost of the installation
of designated planting and recreation facilities.
(2)
The applicant shall provide a method of physically
delineating private lots from common open space areas. Such methods
shall include shrubbery, trees, markers or other methods acceptable
to the Planning Board.
(3)
It is mandatory that the recorded plan and the deeds
indicate that there shall be no additional development. The open space
shall be restricted against any future building, development or use
except as is consistent with that of providing for open space for
recreation, conservation, agriculture and aesthetic satisfaction of
the residents of the development or of the general public. Buildings
or uses for noncommercial recreational, cultural or agricultural purposes
compatible with the open space objectives may be permitted only with
the express approval of the Planning Board, following approval of
the building, site and operational plans by the Planning Board.
(4)
All documents pertaining to the conveyance and maintenance
of the open space shall meet the approval of the Planning Board as
to legal form and effect with recommendations from the Planning Board
as to suitability of the proposed use of the open space and be approved
by the Planning Board and governing body as part of the final plan.
(5)
Areas set aside for open space shall be suitable for
the designated purpose and shall be consistent with the policy for
future land use in the Borough. Any such area shall contain no structure
other than a structure related to the purposes of the open space.
Where structures relating to open space or recreational activity are
located in the developed open space, no more than 5% of that area
or 10,000 square feet, whichever is greater, may be converted to building
areas.
(6)
Any land set aside as open space must be made subject
to a deed restriction and/or conservation easement or agreement in
a form acceptable to the Planning Board and Borough Council and duly
recorded in the Office of the Recorder of Deeds in and for Hunterdon
County.
(7)
Area configuration.
(a)
The open space designated within a development
area shall not be merely leftover or unusable land. It shall be laid
out to the satisfaction of the Planning Board according to sound site
design principles providing a maximum of accessibility to the residents
of a development area.
(b)
The open space designated within a development
area shall be arranged so as to encompass a single land parcel or
minimum number of parcels, linked by a common means of circulation
and access. It shall be contiguous to the developed area and not separated
from it by existing roads unless safe pedestrian access can be provided.
Open space areas may be bisected by roads when approved by the Planning
Board.
(c)
The designated open space shall be arranged
to maintain contiguity with other designated open space areas or similar
areas on adjacent lands, either by direct contact or some common means
of circulation and access.
(d)
All designated open space shall be accurately
and conspicuously delineated, depicted and otherwise noted on a map
of the subject tract.
B.
Methods of conveyance and maintenance. All open space
shown on the final development plan as filed with the Borough and
subsequently recorded in the Office of the Recorder of Deeds of Hunterdon
County must be conveyed in accordance with one or more of the following
methods:
(1)
Dedication in fee simple to the Borough. The Borough
may, at the recommendation of the Planning Board and Borough Council,
accept any portion or portions of the open space, provided that:
(a)
If, upon the recommendation of the Planning
Board, it is determined that such land is suitable regarding size,
shape, location and access, the governing body may determine that
such lands will benefit the general public of the Borough;
(b)
The Borough agrees to and has access to maintain
such lands;
(c)
The titles are conveyed to the Borough without
cost; and
(d)
The governing body shall adopt a resolution
accepting a deed of dedication from the landowner, together with an
account of moneys as determined by the governing body which shall
be deposited in a special municipal account that shall be used only
for the purposes of maintaining the land.
(2)
Conveyance of title (including beneficial ownership)
to a conservancy, corporation, association, funded community trust,
condominium association, individual or other legal entity.
(a)
The terms of such instrument of conveyance must
include provisions suitable to the Borough, assuming such organization
shall guarantee:
[1]
The continued use of such land for the intended
purpose in perpetuity;
[2]
Continuance of proper maintenance for those
portions of the open space requiring maintenance;
[3]
Available funds required for such maintenance;
[4]
Adequate insurance protection;
[5]
Provision for payment of applicable taxes;
[6]
Recovery for loss sustained by casualty, condemnation
or otherwise;
[7]
The right of the Borough to enter upon and maintain
such property at the expense of the organization in the event that
the organization fails to maintain the property; and
[8]
Such other covenants and/or easements to fulfill
the purposes and intent of this chapter.
(b)
The following are prerequisites for a corporation
or association:
[1]
The landowner or developer shall provide the
Borough with a description of the organization, including its bylaws
and methods for maintaining open space. It must be approved by the
Borough, prior to final plan approval, and the final plat recorded
before any homes or dwelling units are sold, leased or otherwise conveyed.
[2]
Membership must be mandatory for each buyer
and/or lessee. The organizational paper shall specify the voting rights
as per adult, per unit or per bedroom. The organizational papers shall
set forth the manner and time of transference of the organization
and its assets from developer to homeowner.
[3]
It must be responsible for liability, insurance,
taxes, recovery for loss sustained by casualty, condemnation or otherwise
and the maintenance of recreational and other facilities.
[4]
Members or beneficiaries must pay their pro
rata share of the costs, and the assessment levied can become a lien
on the property, including any maintenance and associated administrative
costs incurred by the Borough.
[5]
It must be able to adjust the assessment to
meet conditions by a stated margin of votes.
[6]
Such corporation or association shall not be
dissolved, nor shall it dispose of the open space by sale or otherwise,
except to an organization conceived and established to own and maintain
the open space. The corporation or association must first offer to
dedicate the open space to the Borough before any such sale or disposition
of the open space.
(c)
The dedication of open space, streets or other
lands in common ownership of the corporation, association, individual
or other legal entity or the Borough shall be absolute and not subject
to reversion for possible future use for further development.
(3)
By conveyance of the restrictive covenants, conservation
easements or other legal device to the municipality or a conservancy,
corporation, funded community trust or other legal entity, the open
space may remain totally lotted off to adjacent fee-simple lots, provided
that:
(a)
The terms of such instrument of conveyance must
include provisions to the Borough for guaranteeing:
(b)
The following are prerequisites for the conveyance
of easements, etc.:
[1]
Such conveyance of the total easements, etc.,
must transpire prior to any lots or dwelling units being sold, leased
or otherwise conveyed; and
[2]
Each owner of the open space shall be responsible
for liability insurance, taxes, recovery of loss sustained by casualty,
condemnation or otherwise and the general maintenance thereon.
C.
Specific use regulations for common open space.
[Amended 12-18-1990 by Ord. No. 90-6]
(1)
No motor vehicle usage in the open space area shall
be permitted except for maintenance or agricultural purposes.
(2)
No cutting of any trees or destruction or removal
of vegetation, rocks or soil shall be permitted unless in accordance
with a landscape improvement plan or agricultural use approved by
a majority vote of the association of property owners, if applicable,
pursuant to review and approval by the Planning Board. Such plan shall
be in accordance with all other applicable sections of this chapter.
(3)
No alteration of any stream, pond or lake shall be
permitted unless in accordance with a plan approved by a majority
vote of the association of property owners, if applicable, pursuant
to review and approval by the Planning Board. Such plan shall be in
accordance with all other applicable sections of this chapter and
all applicable regulations of the New Jersey Department of Environmental
Protection.
(4)
No structures shall be erected unless in accordance
with a plan approved by a majority vote of the association of property
owners, if applicable, pursuant to review and approval by the Planning
Board. Such plan shall be in accordance with all other applicable
sections of this chapter.
(5)
No sewage disposal system shall be located within
designated common open space or natural resource protection land resulting
from a subdivision or site plan unless a conservation sewerage easement
has been designated. Such easement shall provide for future expansion
of the disposal area and provide right of access by the managing organization
and Borough.
(6)
No stormwater management system shall be located within
designated common open space or natural resource protection land resulting
from a subdivision or site plan unless a stormwater management easement.
Such easement shall provide for future expansion of the stormwater
management area and provide right of access by the managing organization
and Borough.
A.
Where streams or ponds exist or are proposed on lands
to be developed, facilities shall be provided to draft water for fire-fighting
purposes.
(1)
For major subdivisions less than 11 lots, this means
access to a public street suitable for use by fire-fighting equipment.
(2)
For major site plans and major subdivisions of 11
lots or more and site plans, this shall include access to a public
street suitable for use by fire-fighting equipment and the construction
of improvements to ponds (e.g., dry hydrants, standpipes), dams or
similar on-site development where feasible.
B.
Where no natural water source exists within one mile
of a major subdivision of 11 lots or more or any site plan with a
principal structure of more than 40,000 cubic feet, an underground
cistern shall be provided with a usable capacity of at least 20,000
gallons.
(1)
Cistern construction will be governed by local soil
conditions, but at a minimum, should be equipped with a dry hydrant
and manhole access.
(2)
All cisterns shall be of fiberglass construction and
installed so they will not move when empty. They shall be suitably
designed for all conditions.
(3)
All underground cisterns shall be connected to a water
source for immediate automatic refill.
(4)
For purposes of the above subsection, the one-mile
distance shall be measured from the farthest point at the proposed
major subdivision street or proposed driveway on the site plan.
C.
All improvements shall be constructed to the satisfaction
of the Municipal Engineer, the responsible fire department for the
district within which the subdivision is located and in accordance
with fire insurance rating organization standards for the State of
New Jersey. For reference purposes and general construction detail,
applicants are directed to the National Fire Protection Association
standard NFPA 1231: Water Supplies for Suburban and Rural Fire Fighting
and the Insurance Service Office (ISO).
D.
Maintenance.
(1)
If the fire-fighting equipment is provided in conjunction
with a residential subdivision, then a homeowners' association must
be established and a bond posted with the appropriate fire district,
and maintenance of such equipment shall be the responsibility of that
fire district.
(2)
In the case of a nonresidential development in which
fire-fighting equipment has been constructed, the maintenance of such
equipment shall become the responsibility of the property owner.
E.
Periodic inspection of the fire-fighting facilities
shall be performed by the appropriate fire district at the discretion
of the Chief Fire Officer.
F.
There shall be a right of access easement to all cisterns
for periodic review by the Chief Fire Officer of the appropriate fire
district and the Borough.
Residential subdivision lots of less than one
acre in area shall be served by common sewage disposal and water systems.
A.
Water supply assurances.
(1)
If the water is to be supplied from the site and a
flow of 100,000 gallons per day or less is required, an impact assessment
of water supply prepared by a hydrogeologist is required if the anticipated
demand exceeds the available safe yield of the aquifer contained within
the property limits. In such case the applicant must substantiate
and explain the anticipated demand, present proof that the aquifer
contained within the property limits can yield the desired amount
of water, demonstrate that wells proposed for installation will meet
acceptable standards and assess the effect of proposed withdrawals
on existing and proposed wells and surface water bodies within the
geologic formation. If the plan includes 50 or more dwelling units,
certification of the adequacy of the proposed water supply and sewerage
facilities must be obtained from the New Jersey Department of Environmental
Protection.
(2)
If the water is to be supplied from the site and the
total project demand for water supply is in excess of 100,000 gallons
per day, the applicant must obtain a diversion permit from the New
Jersey Department of Environmental Protection. The applicant must
assess the effect of proposed withdrawals on existing and proposed
wells and surface water bodies within the geological formation. The
applicant shall supply copies of all resource information provided
to the appropriate state water agency in support of his or her application
for diversion grant. In addition, if the anticipated demand exceeds
the available safe yield, the applicant must explain the anticipated
demand and demonstrate to the satisfaction of the Planning Board that
the aquifer contained within the property limits can yield the desired
amount of water.
(3)
If the water is to be supplied from any existing private
or public facility, the identification, owner and location of the
facility and the location of existing distribution point to which
the proposed project would be connected shall be provided. The applicant
will submit documentary proof that the facility has the available
excess capacity in terms of its allowable diversion and equipment
to supply the proposed project and is willing to do so. The applicant
must demonstrate to the satisfaction of the Planning Board that the
total consumption of groundwater from on-site and off-site sources
will not exceed the available safe yield of the aquifer contained
within the property limits.
B.
Well testing and groundwater protection.
(1)
If the water is to be supplied from the site, all
nonresidential uses and all residential developments of three or more
lots shall be required to perform test wells to determine safe groundwater
yield and the effects on surrounding wells.
(a)
At least one test well is required for developments
of three to 10 lots, with one additional test well for each additional
25 acres.
(b)
Each well shall be tested for yield. A well
producing five gallons of water per minute will be considered satisfactory.
(d)
At least one test well should be pump-tested
for 24 hours and all other test wells monitored for drawdown on the
aquifer. The pump test must be followed by standard recovery test.
(e)
A geologic and hydrogeologic report, with maps,
containing detailed logs of the test wells, pump and recovery test
data and analysis, information on nearby wells and recommendations
shall be submitted to the Borough by the hydrogeologist for the development
project.
(2)
All abandoned wells shall be sealed according to state
regulations to prevent potential contaminants from reaching the aquifer.
(3)
All wells and septics shall be placed across structure,
that is, not along the same probable directions of fractures, particularly
on adjacent lots.
[Added 12-6-1994 by Ord. No. 94-11]
A.
There shall be included in any new multifamily housing
developments that require subdivision or site plan approval an indoor
or outdoor recycling area for the collection and storage of residentially-generated
recyclable materials. The dimensions of the recycling area shall be
sufficient to accommodate recycling bins or containers which are of
adequate size and number and which are consistent with anticipated
usage and with current methods of collection in the area in which
the project is located. The dimensions of the recycling bins or containers
shall be determined in consultation with the Municipal Recycling Coordinator
and shall be consistent with the district recycling plan adopted pursuant
to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and any applicable
requirements of the municipal Master Plan adopted pursuant to Section
26 of P.L. 1987, c. 102.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-28.
B.
The recycling area shall be conveniently located for
the residential disposition of source-separated recyclable materials,
preferably near, but clearly separated from, a refuse dumpster.
C.
The recycling area shall be well lit and shall be
safely and easily accessible by recycling personnel and vehicles.
Collection vehicles shall be able to access the recycling area without
interference from parked cars or other obstacles. Reasonable measures
shall be taken to protect the recycling area and the bins or containers
placed therein against the theft of recyclable materials, bins or
containers.
D.
The recycling area or the bins or containers placed
therein shall be designed so as to provide protection against adverse
environmental conditions which might render the collected materials
unmarketable. Any bins or containers which are used for the collection
of recyclable paper or cardboard and which are located in an outdoor
recycling area shall be equipped with a lid or otherwise covered,
so as to keep the paper or cardboard dry.
E.
Signs, not exceeding four square feet in area, clearly
identifying the recycling area and the materials accepted therein
shall be posted adjacent to all points of access to the recycling
area. Individual bins or containers shall be equipped with signs indicating
the materials to be placed therein.
F.
All recycling areas not enclosed within a structure
shall be fully and completely screened from view with a solid fence,
wall or landscaped buffer of sufficient size and density as to completely
screen the subject area in a manner compatible with the architectural
style of the remainder of the property.
