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Township of Fredon, NJ
Sussex County
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Table of Contents
Table of Contents
A. 
The following items shall be provided and set forth on any proposed site plan. These items shall be installed as shown and in accordance with any site plan approved after the effective date of this chapter. These items shall be considered as required, whether or not they have been listed as specific conditions in connection with any resolution of the Land Use Board for site plan approval and whether or not the plans approved show the item, its dimensions or composition, except when they have been specifically waived by the Land Use Board for good cause.
B. 
The detailed standards and specifications applicable to the items listed below shall be those adopted by the Land Use Board with the concurrence of the Township Engineer. Any such standard or specification shall be subject to a waiver by the Land Use Board for good cause.
A. 
Poured-in-place Portland cement concrete or Belgian block curbing is required along the perimeters of any interior planted area and on the interior side of any required buffer area. Curbing in any other areas on the site shall also be poured-in-place Portland cement or Belgian block. Barrier-free ramps for the handicapped shall be provided as required by law.
B. 
Concrete sidewalks shall be provided along the perimeter of the building adjoining a driveway or parking area, except loading areas, which shall be designed for the purpose of protecting the building and of sufficient size to provide for safe and sufficient ingress and egress for pedestrians going to, from and about the building. The Land Use Board may, in its discretion, not require portions of the perimeter to have sidewalks where the same would serve neither of the aforementioned objectives. The applicant may provide or the Land Use Board may require a planted area between said perimeter sidewalks and the building or buildings. All concrete sidewalks shall be of poured-in-place Portland cement.
C. 
Other materials may be permitted by the Land Use Board for curbs and sidewalks, where determined to be equally or more durable and visually appropriate.
D. 
The Land Use Board may require sidewalks for pedestrian safety in the parking areas of the lot and also to discourage uncontrolled cross-traffic so as to encourage the directing of the flow of traffic within the circulation system, aisles and driveways on the plan.
E. 
Concrete sidewalks shall be reinforced, and be constructed in accordance with the latest requirements of the RSIS and NJDOT standards.
F. 
Concrete curb and Belgian block curb shall be sized and constructed in accordance with the latest requirements of the RSIS and NJDOT standards.
G. 
In the event there is a conflict between the RSIS and NJDOT standards with regards to curbing and sidewalk construction, the more restrictive standards shall apply.
Architectural screening of any mechanical equipment on the roof or outside of any building shall be installed so as to screen the mechanical equipment from view. "Architectural screening," for purposes of this provision, shall be deemed to mean the use of the metal, stone or other relatively maintenance-free material in the slats or other design so as to screen and prevent the direct view of the mechanical equipment. The term "mechanical equipment" includes any fans, air-conditioning equipment, compressors, heating equipment and any other equipment of any kind.
A. 
Discarded material shall be screened and kept within limited confines. Any trash, refuse or discarded material or any combination thereof shall be enclosed and screened in any manner approved by the Land Use Board, provided that the same is designed to effectively confine the material within the enclosed area and screen the same from other areas outside the building and is of a material that is not likely to create problems of maintenance, sanitation and nuisance.
B. 
All organic garbage and similar discarded material shall be kept refrigerated within the building to not more than 40° F. in closed containers until it is removed from the site.
C. 
If the applicant does not propose any outside storage of said materials, the plan shall so indicate. The applicant shall not thereafter store any of said materials outside of the building unless a plan is submitted to and approved by the Land Use Board for said purpose.
The site plan shall show the location, specifications and height of any fencing required under any ordinance of the Township of Fredon and of any other fencing proposed by the applicant. The Land Use Board may require additional fencing for reasons of traffic or pedestrian safety in connection with the particular problems associated with the property under consideration and its proposed use. The height of any fencing shall be not greater than six feet nor less than 2 1/2 feet, except that fences up to 10 feet in height may be permitted or required by the Land Use Board where determined to be needed. The Land Use Board may require fencing between the site and any property in any residential zone and, in addition, in any area on the lot where the addition of a fence would serve the purposes and objectives set forth in Article VI of this chapter.
A. 
Exemptions.
(1) 
This section shall not apply to the following:
(a) 
Decorative holiday lighting from November 15 through January 15.
(b) 
Lighting required by law to be installed on surface vehicles.
(c) 
Temporary emergency lighting.
(d) 
Temporary lighting other than security lighting at construction projects.
(e) 
Outdoor temporary fixtures emitting less than 1,000 lumens, except that all lights must meet the requirements of Subsection G(1)(b), regarding lights in setbacks and the number of lights permitted.
(2) 
Nothing herein shall be interpreted to prevent shielded security lighting to remain on all night, as well as lighting on facilities open 24 hours per day, including display, sign and advertisement lighting. Thus, facilities such as hospitals, active transportation centers, and twenty-four-hour convenience stores may light all night, though they must meet illumination and spill/trespass requirements.
B. 
Height of lights.
(1) 
Height of a light fixture shall be measured from ground level to its highest point and shall include the base.
(2) 
Maximum height shall be 20 feet, but in no case higher than the principal building(s), provided fixture is attached to the principal building. All such fixtures shall be downward facing and be shaded so as to eliminate excessive fugitive light.
C. 
Fugitive light. To control light trespass onto adjacent properties or streets, the maximum vertical illumination, when measured at a point five feet within the adjacent property line at a height of five feet and facing the light fixture(s), shall be no greater than 0.1 vertical footcandles.
D. 
Plan requirements. All site plans shall include a lighting plan containing the following:
(1) 
The location and description of every outdoor lighting fixture and hours of operation, their aiming angle and mounting heights.
(2) 
A description of the outdoor light fixture including specifications such as lamps, optics, cutoff angle, supports, poles and manufacturer's catalog cuts for each type.
(3) 
Foundation details for light poles.
(4) 
A schedule providing for the reduction of on-site lighting during the hours when the facility is not in operation to the levels necessary for security purposes.
(5) 
Maintained horizontal illuminance, in footcandles (after depreciation) including the following:
(a) 
Maximum.
(b) 
Minimum.
(c) 
Average during operating and non-operating hours.
(d) 
Maximum-to-minimum ratio.
(6) 
A computer-generated photometric grid showing the light distribution pattern in footcandle readings across the site and at the property line, at ten-foot intervals.
E. 
Construction. All lighting fixtures and mounting structures shall be constructed in compliance with applicable construction codes.
F. 
Nonresidential uses.
(1) 
General requirements.
(a) 
Lighting colors and fixture types shall be consistent throughout the site and shall complement the architectural theme and landscaping of the site. Lighting levels shall comply with IESNA illuminance recommendations.
(b) 
Light sources shall be shielded light fixtures as described in Article II, Terminology, of this chapter. Light fixtures shall not be aligned or focused to illuminate above the horizontal plane, except for fixtures described in Subsection C below.
(c) 
Light fixtures used to illuminate flags, statues, or any other objects mounted on a pole, pedestal, or platform shall only use a narrow cone of light that will not extend beyond the illuminated object. In the case of flags that can move in the wind 360° around the pole, the beam angle shall be based on a circle having a radius equal to the width of the flag, except that flags having a width of 12 feet or more shall not be illuminated by a beam with a radius greater than 2/3 of the width of the flag.
(d) 
Nonessential outdoor lighting fixtures, including display lighting, shall be reduced or turned off within one hour after the close of business. Nonessential outdoor lighting fixtures, including display lighting, which are not turned off at the close of business, shall be reduced or turned off by means of a timer within one hour after the close of business.
(e) 
All outdoor lighting fixtures, once properly installed, shall be permanently affixed in the approved position.
(f) 
The following lighting used for advertising or promotion shall be prohibited:
[1] 
Search lights.
[2] 
Laser lighting.
[3] 
Lights that pulse, flash, rotate or simulate motion.
[4] 
Lights that simulate traffic control signals.
[5] 
Tower lighting (unless required by the FAA).
(g) 
All lighting shall be subject to a postdevelopment inspection to determine compliance with approved lighting requirements and verify operation of the lights.
(2) 
Building facade lighting.
(a) 
With the exception of structures that have exceptional symbolic significance, such as places of worship or public buildings of historical significance, building facades and other vertical structures shall not be illuminated, beyond the lighting permitted in Subsection F(1) above.
(b) 
Where such exterior building or vertical structure illumination is permitted, it shall be approved by the Board, based on the following standards:
[1] 
The maximum illumination on any vertical surface or angular roof structure shall not exceed five footcandles.
[2] 
If the building surface is lighted, fixtures shall be mounted on the building itself. (No lighting fixture shall be directed toward adjacent streets.)
[3] 
Ninety percent of the light shall be confined to the intended structure.
(3) 
Sign lighting.
(a) 
Illuminated building identification, other signs or advertisements shall be illuminated by shielded light fixtures mounted above the area to be lit. Off-site illuminated signs shall not be permitted.
(b) 
IESNA illuminance and/or luminance recommendations shall not be exceeded.
(4) 
Landscaping. Where landscaping is to be illuminated, the Board shall first approve a landscape lighting plan. The plan must demonstrate that the light generated will be confined to the landscaping. A timer shall control all such landscape lighting to turn off one hour after close of business.
(5) 
Parking areas. Lighting within parking areas shall conform to the requirements set forth in § 424-32J below.
G. 
Residential uses.
(1) 
General requirements.
(a) 
Existing outdoor light fixtures that cause objectionable glare may be adapted to comply with this chapter by adding a properly designed hood or shield, or by reaiming the fixture.
(b) 
Outdoor light fixtures shall not be located within the side yard setbacks or within the rear yard setbacks or 20 feet of the rear property line, whichever is less. The total number of exterior lamps located in front of the house (defined as including the front facade of the main house and extending outward to the front property line) shall be no more than 10 outdoor light fixtures, and the total number on the entire property shall be less than 15.
(2) 
Security lighting. Security lighting shall be controlled and activated by infrared sensors, motion sensors or a security alarm system.
(3) 
Decorative lighting.
(a) 
Whenever practicable, accent, architectural or building lighting shall be directed downward onto the building or object and not toward the sky or onto adjacent properties. Direct light emissions shall not be visible above the roof line or beyond the building/object edge.
(b) 
Any accent, architectural or building lighting shall be turned off by 11:00 p.m.
(c) 
Spotlighting on landscaping and foliage shall be confined to the target landscaping as much as possible and conform to the limitations/definition of objectionable direct glare source and be turned off by 11:00 p.m.
H. 
Agricultural uses.
(1) 
Lighting on farms shall in general conform to the provisions listed under Subsection G above. However, some farm activities require outdoor lighting which differs from what would typically be installed on a residential property.
(2) 
Farm activities such as farm stands, Christmas tree farms, and agritourism, when they involve the entry onto the property of members of the public after dark, require adequate lighting for the outdoor areas used by employees, farmers and customers. Appropriate fixtures should be provided for parking lots, walkways, display/sales areas and other facilities in use after dark in connection with the activity. The provisions listed in § 424-32J may be used as a guide in providing such lighting. Due to the seasonal nature of many such activities, fixtures may be either permanent or temporary installations, but in both instances shall be shielded. Such lighting shall have directional and glare control features, to comply with light trespass requirements, and shall be turned off at the close of business.
(3) 
Certain farm operations, such as harvesting, maintenance, loading and unloading of equipment, and care of large animals may take place during night hours and require appropriate outdoor lighting. Such lighting shall be shielded, shall have directional and glare-control features to comply with light-trespass requirements, and shall be turned off when the activity is completed. Devices to control glare or light trespass situations for seasonal or short-duration farm uses do not need to be commercially approved products. For example, a self-manufactured shield made from a clamp and a piece of sheet metal or opaque plastic would suffice so long as it controlled glare and light spillage and was strong enough to stay in position. Some activities, such as bringing large animals in from pasture at night, may require lighting, which is less than optimally shielded, but should be directed so as to avoid spillage onto neighboring properties.
I. 
Recreational and sports facilities.
(1) 
Recreational and sports facility lighting shall be shielded whenever possible. Such lighting shall have directional and glare-control devices, when necessary, to comply with light trespass requirements.
(2) 
All lighting for sports or recreational facilities, excluding security lighting, shall be equipped with automatic timing devices to turn off the lighting within one hour of the end of sports activity or the established closing time of the facility.
J. 
Roadway lighting.
(1) 
General requirements.
(a) 
Roadway lighting will occur at the discretion of the designated municipal entity when it provides a valid public benefit. Roadways shall only be illuminated after demonstration that passive devices (reflective signs, shoulder markers, center/shoulder lines, etc.) are insufficient.
(b) 
Streetlight types: All new and replacement streetlights, including decorative streetlights, shall be shielded light fixtures.
(2) 
Illuminance levels.
(a) 
Partial streetlighting. Partial streetlighting shall not exceed IESNA levels for average illumination.
(b) 
Continuous streetlighting. Average IESNA illuminance recommendations shall not be exceeded. IESNA average to minimum illuminance uniformity ratios shall be used as a guide for designing safe and adequate roadway lighting.
K. 
Notifications. Any developer constructing new single-family dwellings in the Township shall provide home purchasers with a copy of the lighting provisions of Chapter 550, Zoning, which addresses lighting standards for single-family dwellings.
[Amended 11-28-2011 by Ord. No. 2011-12]
L. 
Enforcement. Residential lighting may be enforced on the basis of a valid, formal complaint filed in writing with the Code Enforcement Officer.
A. 
All off-street parking areas, other than agricultural and residential parking areas, shall be paved with a minimum two-inch thick bituminous concrete surface course, three-inch thick bituminous stabilized base, and four-inch thick dense graded aggregate. Such paved areas shall be approved by the Township Engineer.
B. 
All residential parking areas shall be paved and constructed in accordance with the following requirements:
(1) 
Unless otherwise required hereafter, parking areas and/or driveways shall be paved with a minimum two-inch thick bituminous concrete surface course and four-inch thick dense graded aggregate.
(2) 
The grade of any driveway shall not exceed 15% at any point along its length. The first eight feet of the driveway, measured from the street line, shall not exceed a grade of 8% and shall not exceed 8% in grade within 12 feet of the garage, if any.
(3) 
The side slopes of driveways shall be topsoiled four inches thick, seeded, fertilized and mulched to prevent erosion.
C. 
A parking area shall be so drained so as to dispose of all surface water that falls thereon.
D. 
A parking area shall have minimum grade of 1% and a maximum grade of 8%.
E. 
Where possible, driveway intersections with any roadway shall not have a grade that exceeds 1 1/2% from the roadway curbline for a minimum distance of 35 feet from the curbline and measured along the center line of the driveway or the center of the driveway if there is no center line.
A. 
Markings. All parking and loading spaces shall be appropriately marked with painted lines.
B. 
Access. All parking areas shall provide for adequate ingress and egress and safe and convenient traffic circulation. Access drives and aisles shall be of sufficient width to permit safe access to parking spaces and safe traffic movement.
C. 
Screening. The off-street parking area shall be effectively screened on any side which adjoins or faces premises situated in any residential zone by a fence or wall not less than four nor more than six feet in height, maintained in good condition, provided that a screening, hedge or other natural landscaping may be substituted for the required fence or wall if approved by the Land Use Board. The fence, as required by this section, may be waived by the Land Use Board if, in the Board's judgment, because of topographic or other unusual conditions, such fence is not necessary to screen adjoining residential property.
D. 
Location. Except as hereinafter provided, off-street parking as required for any use shall be provided on the same lot with the use.
E. 
Use. Off-street parking areas shall be used solely for the parking of passenger automobiles. No commercial repair work or service of any kind shall be conducted on the parking lot nor shall such lots be used for the parking of disabled, dismantled, inoperable or unregistered vehicles.
F. 
Signs. No signs other than "entrance," "exit," or conditions of use signs shall be maintained.
G. 
Curbing. Parking areas shall be closed by concrete curbing six inches above the paved surface and, unless otherwise required by this chapter, located at least five feet from any property line or nearest structural wall of a building, except that on commercial property in the MUMD zone, parking areas may be constructed up to the property line which abuts a parking area on the commercial property, and further provided that proper access and circulation between the two parking areas shall be provided. The requisite cross easements shall be established, reviewed by the Board professionals and recorded.
H. 
Aisles.
(1) 
All parking areas shall be designed with service aisles to meet the following standards:
Type of Parking
Width of Aisle
(feet)
Parallel
12
30° angle
12
45° angle
13
60° angle
18
90° angle
24
(2) 
In addition, there shall be a minimum distance between parallel parking spaces of six feet when found necessary to provide convenient access.
I. 
Landscaping. All portions of the property not used for off-street parking shall be attractively landscaped with grass lawns, trees and shrubs, as approved by the Land Use Board, provided that no such plantings shall be permitted to obstruct the requisite intersectional sight distances.
J. 
Lighting.
(1) 
Parking lots. Parking lot lighting shall provide adequate illumination and minimize glare and light trespass. Parking lot lighting shall meet the following illumination standards:
Parking Lots
Basic1 (fc)
Enhanced Security (fc)
Minimum horizontal illuminance2
0.2
0.5
Average horizontal illuminance3
1.0
2.5
Uniformity ratios (horizontal illum.)4
Average to minimum
5:1
5:1
Maximum to minimum
20:1
15:1
Minimum vertical illuminance5
0.1
0.25
NOTES:
1
For typical conditions. The illuminance of parking facilities should be turned off or reduced to security-only levels, during periods of nonuse. The minimum (low point) value should not be less than 0.1 horizontal footcandle in susceptible areas of the property. Reductions should not be applied to facilities subject to intermittent night use.
2
Measured on the parking surface, without any shadowing effect from parked cars or trees.
3
Average horizontal illuminance shall not exceed 2.5 footcandles.
4
Uniformity ratios are to be used as a guide.
5
Measured at 5.0 feet above the parking surface at the point of lowest illuminance, excluding facing outward along the property lines.
(2) 
Parking garages. Parking garage lighting shall not exceed IESNA illuminance and uniformity recommendations.
K. 
All off-street parking areas shall be subject to the approval of the Land Use Board to insure their adequacy, relation to traffic safety and protection of the adjacent properties.
L. 
Handicapped parking.
(1) 
In any space on any public or private property appropriately marked for vehicles for the physically handicapped, pursuant to N.J.S.A. 39:4-197.5, N.J.S.A. 52:27D-119 or any other applicable state regulations, such space shall be occupied only by a vehicle operated by a handicapped person or in which a handicapped person is a passenger.
(2) 
Any person parking a motor vehicle in a restricted handicapped parking space without a special vehicle identification card shall be liable to a fine of $100 for the first offense and for subsequent offenses a fine of at least $100 and up to 90 days' community service on such terms and in such form as the court shall deem appropriate, or any combination thereof.
All traffic markers, traffic signs, traffic signals and traffic control devices on all sites in any business zone and all sites in all zones other than one-family residential use shall be constructed, erected, delineated and maintained in accordance with the standards, regulations and requirements set forth in the Manual on Uniform Traffic Control Devices prepared by the United States Department of Transportation, Federal Highway Administration (1971), as the same now exists and as the same may from time to time be interpreted and amended.
A. 
Water mains and all components of public water systems shall be properly designed and constructed to be able to supply all present and future development demands. All components of the public water system shall be designed in accordance with all applicable NJDEP and Township requirements.
B. 
Storm drainage, culverts, detention basins, and all other storm drainage installations and appurtenances shall be designed and constructed in accordance with NJDEP and Township stormwater management rules and regulations.
C. 
Sanitary sewer facilities shall be constructed and installed in accordance with plans and specifications as approved by the Sussex County Health Department and NJDEP, as applicable. The plans and specifications for the sanitary sewer facilities shall be prepared in accordance with all applicable codes and requirements, including but not limited to NJDEP and RSIS. The construction and installation of sanitary sewer facilities shall be subject to inspection and approval by the Township Engineer. No underground sanitary sewer installation shall be backfilled and covered until it is inspected and approved, and a photographic record thereof is made by the Township Engineer.
D. 
The Land Use Board may require as part of the site plan approval that the applicant or owner dedicate to the Township of Fredon an easement for access to any sewer pipe that is under or to be placed under any portion of the lot under construction for site plan approval. Such easements shall be a minimum of 20 feet wide for sanitary sewers that are not more than 15 feet deep. For sewers that are more than 15 feet deep, easements shall be a minimum of 30 feet wide.
E. 
It is required that the applicant or owner dedicate to the Township of Fredon a drainage easement or a brook drainage easement if the site is to contain an open channel for drainage, any brooks or any drainage pipes or facilities. All drainage easements, except for brook drainage easements, shall be not less than 20 feet wide for access to any storm sewer pipe that is under or to be placed under any portion of the lot under consideration for site plan approval. A drainage easement for a brook shall be for the area of the brook itself on the applicant's property and for a width on the applicant's property that is sufficient to provide a minimum of 10 feet of approximate level ground parallel with the brook to work within for brook clearance of the removal of obstructions in the brook or on its bank. The Township may require a greater width if it is reasonably required for access and maintenance in easement area or if the State of New Jersey or any of its agencies or the County of Sussex requires a greater width.
F. 
Any sewer or drainage easement shall be in writing and in recordable form and provide the Township with the right, but not the obligation, to enter upon the easement area at the Township's option to repair or maintain the sewer pipe and facilities within the easement area. The easement shall also contain a provision prohibiting the construction of any building or other structure on or over the sewer easement. The easement shall also contain a provision permitting the owner of the property to reroute the sewer or drainage easement in the future with the approval of all the agencies having jurisdiction thereof, provided also that a sewer or drainage sewer easement replacing the original easement is conveyed to the Township of Fredon. The form of the easement in every case shall be such that is in form satisfactory to the Land Use Board, the Township Attorney and the Land Use Board Attorney.
Prior to the granting of final approval, the developer shall have arranged with all serving utilities, including, without limitation, electric, gas and telephone utilities, for the underground installation of the utilities' distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners and shall submit to the Land Use Board prior to the granting of final approval a written instrument from each serving utility which shall evidence full compliance with the provisions of this subsection; provided, however, that the Land Use Board, in its sole discretion, may permit developments on lots which abut existing streets where overhead utility distribution supply lines have theretofore been installed on any part thereof to be supplied with electric and telephone service from such overhead lines or extensions thereof, but in such event the service connections from such overhead lines shall be installed underground.
The Township Engineer shall notify the Land Use Board as to its recommendations on street trees, stating in detail the number and type of trees and shrubbery required for said property. Said plantings shall thereafter be done solely by an independent contractor engaged by the Township for that purpose and shall not be done by the developer. A planting easement shall be provided by the developer of up to 10 feet from the street line, where necessary to allow a planting strip of a minimum of 20 feet from the street curb face.
No application for site plan approval shall be deemed complete in the absence of proof that a plan for soil erosion and sedimentation control has been submitted to the relevant reviewing authority, pursuant to the requirements of N.J.S.A. 4:24-39 et seq., or proof that such a plan is not required by the statute for the particular application. If the reviewing authority has failed to grant or deny certification of the erosion plan at the time of preliminary approval of the applicant's site plan, preliminary approval shall be conditioned on certification of applicant's erosion plan.
All public improvements, including streets, curbs, sidewalks, sewer and water and drainage facilities on public roads or easements, required to be installed or constructed by the developer in accordance with the resolution approving the site plan and the developer's agreement, shall be completed within the time specified by the Land Use Board; provided, however, that the Land Use Board may extend the time for the completion of such improvements for good cause shown and subject to the filing of a new performance bond, if necessary, based upon updated reports by the Township Engineer.
All improvements installed or constructed in accordance with this article shall be subject to inspection and approval by the Township Engineer, who shall be notified by the developer at least 72 hours prior to the start of construction. No underground installation shall be covered until inspected and approved.
No bond release shall be issued on any construction commenced as a result of receiving final site plan approval until the Township Engineer shall certify to the Land Use Board that all required improvements have been completed, and the performance guarantee, hereinbefore requested, shall have been posted with the Township Committee. Upon submission to the Land Use Board that the performance guarantee has been posted with the Township Committee, and upon receipt of the certification by the Township Engineer that all required improvements have been completed, the Land Use Board shall so certify to the Construction Official that a certificate of completion may be issued upon completion of the structures in accordance with the requirements of Chapter 200, Construction Codes, Uniform.