[1]
Editor's Note: Former subsection 17-2.4a-kk was renumbered as sections 17-76 through 17-113. Sources contained herein include Ordinance Nos. 528, 686-85, §§ 8 — 14, 706-86, §§ 2 — 5, 723-86, §§ 5— 11, 738-87, § 1, 741-87, § 2, 782-88, §§ 1 — 3, 785-88, § 1, 787-88, § 1, 788-88, § 1, 790-88, § 1, 791-88, § 1, 801-89, § 1, 815-89, § 1, 816-89, § 1, 817-89, § 2, 90-837, § 1, 90-853, § 3, 90-862, § 2, 90-872, § 1, 91-984, § 2, 92-916, § 1, 92-919, §§ 1, 2, 92-921, § 1.
[Ord. #94-987; Ord. #05-1352]
Developments containing townhouses or garden apartments shall
meet the following requirements, in addition to the other applicable
zoning and site plan and subdivision requirements. Apartments and
townhouses shall have site plan approval and public or private central
water supply and a central sanitary sewer system approved by appropriate
State and local agencies.
a.
Each overall development shall have a compatible architectural and
landscaping theme with variations in design to provide attractiveness
to the development. Each project shall specify how each of the following
considerations has been incorporated in the overall plans; landscaping
techniques; building orientation to the site and to other structures;
topography; natural features such as wooded areas, drainage courses,
soil conditions, and topographic relief; and building design features
such as varying unit widths, staggering unit setbacks, providing different
exterior materials, changing roof lines and roof designs, altering
building heights, and changing types of windows, shutters, doors,
porches, colors and vertical or horizontal orientation of the facades,
singly or in combination and stormwater management.
b.
The configuration of structures may be any alignment that meets the
yard requirements and does not exceed the following overall or component
building lengths: (1) 200 feet on one plane; (2) 340 feet on any angle;
and (3) 500 feet along the centerline. Any passageway between two
structures which has a roof attached to both structures shall be included
in calculating these lengths. Townhouse structures shall have not
less than three nor more than five dwelling units on one plane, nor
more than eight units in one overall structure.
c.
No dwelling unit shall have a living area level lower than the finished
grade along the front of the structure except that on side hill locations
the number of stories above ground on the uphill side shall not exceed
two stories with a third story permitted above ground on the downhill
side. The height of the building measured from the lowest grade of
the foundation on the downhill side shall not exceed 40 feet.
d.
All required open space shall be improved for the purposes intended
as shown on the plan.
e.
The location of recreational facilities shall consider the proximity
of structures, type of recreational facility, noise level and evening
illumination which may create nuisances for residents, and pedestrian
and bicycle traffic across major interior roads or driveways. The
periphery of any recreation area shall be no closer to a residential
structure than the minimum yard for that structure.
f.
1.
MULTIFAMILY HOUSING DEVELOPMENT
RECYCLING AREA
As used in this section:
Means a building containing three or more dwelling units
occupied or intended to be occupied by persons living independently
of each other, or a group of such buildings;
Means space allocated for collection and storage of source
separated recyclable materials.
2.
There shall be included in any new multifamily housing development
that requires 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 area and the
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.
3.
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.
4.
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 theft of recyclable materials, bins or containers.
5.
The recyclable area or the bins or containers placed therein shall
be designed so as to provide protection against 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.
6.
Signs 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.
7.
Landscaping and/or fencing shall be provided around any outdoor recycling
area and shall be developed in an aesthetically pleasing manner and
shall use indigenous species to the maximum extent practicable.
[Ord. #05-1352; amended 4-19-2021 by Ord. No. 21-1744]
Bikeways shall be required at the Planning Board's discretion in any new development depending on the development's location in relation to schools, recreation areas, shopping facilities and other populated areas, or its location with respect to any overall bike route plan adopted by the Planning Board. Bicycle traffic shall be separated from motor vehicle and pedestrian traffic as much as possible. Bikeways shall comply with the design criteria of the Americans with Disabilities Act and New Jersey Department of Transportation and shall be a minimum of six feet wide. Bikeways shall have a minimum four-inch base of crushed stone and a two-inch compacted thickness surface course. Permeable paving materials shall be used where appropriate and stormwater management and related drainage controls shall comply with § 17-82. Where bike paths located outside street rights-of-way intersect a street, the curbing shall be ramped for bicycle access to the street grade.
a.
Except in the industrial zone, no block shall be longer than 12 homes
on one side of the street or 12 lot widths as the zone requires. Block
length and width or acreage within bounding roads shall be such as
to accommodate the size of lot required in the area by the zoning
ordinance and to provide for convenient access, circulation control
and safety of street traffic.
b.
In blocks over 1,000 feet long, pedestrian crosswalks may be required
in locations deemed necessary by the planning board. Such walkway
shall be 10 feet wide and be straight from street to street.
c.
For commercial, group housing or industrial use, block size shall
be sufficient to meet all area and yard requirements for such use.
[Ord. #00-1155, § 4; Ord. #01-1206, § 7;
Ord. #02-1268, §§ 1, 2]
a.
Standards for cluster development in the VRC and MRC Zoning Districts are included in section 17-160.
b.
Cluster development designs in the R-150 and R-100 Zoning Districts are permitted only on tracts where sewer service is available from the Ewing-Lawrence Sewerage Authority or from Stony Brook Regional Sewerage Authority and shall be provided water from a public water system. Cluster development is an alternate design intended to provide flexibility in the design of residential developments mutually acceptable to the planning board and the developer. The purpose is also to preserve open space and provide other public amenities and services by permitting a reduction in residential lot size without increasing the number of lots or the permitted number of dwelling units allowed under the density provisions of this chapter. It is intended that all lands to be offered to the township will be suitably located and improved for public purpose(s) and acceptable to the township. Through the use of these provisions, it is intended to encourage energy conservation and the use of renewable energy sources by reducing street lengths and by offering more flexibility in orienting the placement of individual buildings. Through the cost savings realized from the reduction in streets, utilities and other improvements, opportunities to generate lower income housing are intended in accordance with section 17-92 and the applicable sections of Article IX. The following specific requirements must be met in any cluster development.
1.
The maximum number of lots or dwelling units shall be as specified
in each zoning district.
2.
All dwelling units shall be served by either the Ewing-Lawrence Sewerage
Authority or the Stony Brook Regional Sewerage Authority and shall
be provided water from a public water system.
3.
Each cluster design must include open space constituting at least 25% of the tract. The required open space shall not include required yards, streets or parking areas. All of the required open space shall remain undeveloped or be developed solely for recreational purposes. The open space shall either be: (i) dedicated to the township (at no cost) with the township having the option of whether or not to accept the open space; or (ii) placed under the jurisdiction of a homeowner's association duly organized pursuant to N.J.S.A. 40:55D-43 and section 17-88 herein for the ownership and maintenance of the open space; or (iii) added to abutting lots as a conservation easement provided the pattern of open space within the conservation easement follows a logical pattern of woodland, drainage corridors, slopes, wetlands or other conditions warranting their placement in a conservation easement.
4.
Acceptance of lands offered to the township shall be subject to approval
by the governing body after recommendation by the planning board and
shall meet the following requirements:
(a)
The minimum size shall be five acres with no dimension less
than 400 feet.
(b)
It shall be an integral part of the development and located
to best suit the purpose(s) for which it is intended except that wetlands,
steep slopes and similar environmentally sensitive lands difficult
to develop are not intended to be the prime focus offered to the township.
(c)
Every parcel accepted by the township shall be covered by deed
at the time final plat approval is granted.
(d)
The planning board shall be guided by the master plan, the ability
to assemble and relate such lands to an overall plan, the accessibility
and potential utility of such lands to serve the intended purpose,
and the existence of such features as difficult topography, problem
soils, wetlands, and tree cover as these features may enhance or detract
from the intended use of lands. The planning board may request an
opinion from other agencies or individuals as to the advisability
of accepting lands to be offered, it being intended that the offered
lands should serve a public purpose acceptable to the township.
A community impact statement analyzing the proposed development
and its expected impacts upon existing municipal facilities and services
shall be submitted when site plans exceed 10 acres, or when subdivisions
exceed 10 lots or when subdivisions exceed 10 acres of nonresidential
development. The statement shall indicate why, in the applicant's
opinion, the proposed development is in the public interest and it
shall provide data and analysis concerning the following specific
items:
a.
The number of people expected to be added to the municipal population
as a result of the proposed development according to the following
age cohorts; pre-school-aged children, school-aged children, parents
of family-bearing age, middle-aged adults and retired people.
b.
The anticipated number of pupils who will be added to the student
population in the municipality and the ability of the existing public
school facilities to absorb the expected student population during
a ten-year time period. Should expanded or new school facilities and/or
increased teaching staff be required, the expected cost for such additions
shall be specified.
c.
The existing facilities available to serve the proposed development
and the impact of the development upon the facilities, including the
adequacy of existing public water facilities; public sewerage facilities;
recreational facilities; and library facilities. Should such facilities
be determined inadequate to serve the proposed development, the remedies,
either expected or proposed by the applicant shall be indicated along
with the estimated costs for such additional facilities and who, in
the opinion of the applicant, should pay for them.
d.
The existing services provided by the township to serve the proposed
development and the impact of the development upon the services, including
police protection; emergency rescue, fire protection, solid waste
disposal; and street maintenance services.
e.
The existing road network available to serve the proposed road network
within the development itself and the surrounding road network which
will be affected by the proposed development, including the capacity
of the existing and proposed roadways; the anticipated traffic volumes
as a result of the proposed development as well as the increase in
traffic volumes expected from other developments within the area;
and any problem spots in the overall road network including unsafe
intersections, turns, or grades.
f.
The revenues expected to be generated from the development compared
to the anticipated costs which the proposed development is expected
to generate. Revenues and costs shall be shown for the municipality
the municipal school systems, and the county.
a.
Regular Curbs. The planning board may require among other conditions
in the public interest, that the developer install curbs as a supplement
to the pipe drainage. Curbs shall be constructed in accordance with
the "Standard Specifications for Road and Bridge Constructions, 1961"
of the New Jersey State Highway Department as amended and the Hopewell
Township Standard Specifications. Curbs shall be constructed of Class
B, 4,500 psi concrete, air-entrained. Unless otherwise required for
arterial roads, or by other regulatory agencies, concrete curb shall
be not less than six inches thick at the top and eight inches at the
bottom and 18 inches deep. The top corner on the face of the curb
shall be rounded to a radius of one-half inch. Top of curb shall project
six inches above the finished road surface at the curb line.
b.
Rolled Concrete Curbing. Where required under provisions of this
chapter, rolled concrete curb shall be constructed of Portland Cement
which shall have a compressive strength of 4,000 pounds per square
inch after 28 days. The maximum length of sections shall be 10 feet,
with preformed bituminous expansion joint filler one-half inch thick
installed at a maximum spacing of 20 feet. The curb shall be 24 inches
wide, six inches deep on the pavement side, 10 inches deep on the
lot side, and shall have a one inch depression below the pavement
side located about one-third the distance from the pavement edge.
The side adjacent to the pavement shall be flush with the finished
pavement surface.
[Ord. #04-1325, § 3; Ord. #05-1352; amended 6-14-2021 by Ord. No. 21-1754]
[Added 4-19-2021 by Ord.
No. 21-1744]
a.
Policy statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure best management practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low-impact or nonstructural techniques should be utilized to meet
the goal of maintaining natural hydrology to reduce stormwater runoff
volume, reduce erosion, encourage infiltration and groundwater recharge,
and reduce pollution. GI BMPs and low-impact techniques should be
developed based upon physical site conditions and the origin, nature
and the anticipated quantity, or amount, of potential pollutants.
Multiple stormwater management BMPs may be necessary to achieve the
established performance standards for water quality, quantity, and
groundwater recharge.
b.
Purpose. The purpose of this section is to establish minimum stormwater
management requirements and controls for both major and minor development,
as defined herein, and to reduce the amount of nonpoint source pollution
entering surface water and groundwater. These requirements proactively
guide new development to minimize harmful impacts to natural resources
to:
[Amended 6-13-2022 by Ord. No. 22-1775]
1.
Reduce flood damage, protecting public health, life and property;
2.
Minimize increased stormwater runoff rates and volumes;
3.
Minimize the deterioration of existing structures that would result
from increased rates of stormwater runoff;
4.
Increase water recharge into the ground wherever suitable infiltration,
soil permeability, and favorable geological conditions exist;
5.
Prevent an increase in nonpoint source pollution;
6.
Maintain the integrity and stability of stream channels and buffers
for their ecological functions, as well as for drainage, and the conveyance
of floodwaters;
7.
Control and minimize soil erosion and the transport of sediment;
8.
Minimize public safety hazards at any stormwater detention facility
constructed pursuant to a subdivision or site plan approval;
9.
Maintain adequate base flow and natural flow regimes in all streams
and other surface water bodies to protect the aquatic ecosystem;
10.
Protect all surface water resources from degradation; and
11.
Protect groundwater resources from degradation and diminution.
c.
All development projects, as defined herein, shall meet the requirements
of this section for the minimum requirements and controls to manage
stormwater.
d.
Applicability. Stormwater control standards established within this
subsection shall be applicable to the following developments meeting
the criteria defined under "major development" as specified herein:
1.
Nonresidential (commercial) developments; and
2.
Aspects of residential developments that are not preempted by the
Residential Site Improvement Standards at N.J.A.C. 5:21.
3.
All projects undertaken by Hopewell Township, meeting the definition
contained herein for a major development, and do not require approval
under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
4.
Any development that does not require municipal subdivision or site
plan approval but meets the definition contained herein for a major
development.
e.
Compatibility with other permit and ordinance requirements. Development
approvals issued pursuant to this section are to be considered an
integral part of development approvals and do not relieve the applicant
of the responsibility to secure required permits or approvals for
activities regulated by any other applicable code, rule, act, or ordinance.
In their interpretation and application, the provisions of this section
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare. This section shall
be construed to assure consistency with the requirements of New Jersey
laws and acts amendatory thereof or supplementary thereto, applicable
implementing regulations, and any existing or future municipal NJPDES
permits and any amendments or revisions thereto or reissuance thereof.
This section is not intended to interfere with, abrogate, or annul
any other ordinances, rule or regulation, statute, or other provision
of law except that, where any provision of this section imposes restrictions
different from those imposed by any other ordinance, rule or regulation,
or other provision of law, the more restrictive provisions or higher
standards shall control.
[Added 4-19-2021 by Ord.
No. 21-1744]
a.
The following linear development projects are exempt from the groundwater
recharge, stormwater runoff quantity, and stormwater runoff quality
requirements of this subsection:
1.
The construction of an underground utility line, provided that the
disturbed areas are revegetated upon completion;
2.
The construction of an aboveground utility line, provided that the
existing conditions are maintained to the maximum extent practicable;
and
3.
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
[Added 4-19-2021 by Ord.
No. 21-1744]
The definitions of the words or terms specified in the Stormwater
Management Rules at N.J.A.C. 7:8-1.2 shall apply except as defined
herein.
A stormwater management measure that manages stormwater close
to its source by:
[Added 6-13-2022 by Ord.
No. 22-1775]
An individual development as well as multiple developments that
individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of regulated impervious surface
since February 2, 2004;
The creation of 1/4 acre or more of regulated motor vehicle
surface since March 2, 2021; or
A combination of Subsection a2 and 3 above that totals an area
of 1/4 acre or more. The same surface shall not be counted twice when
determining if the combination area equals 1/4 acre or more.
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of conditions in Subsection a1 through 4 above. Projects undertaken
by any government agency that otherwise meet the definition of "major
development" but which do not require approval under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major
development.
All development that does not meet the definition of a major
development and meets one or more of the following criteria:
Any development that requires a "C" variance pursuant to N.J.S.A.
40:55D-70c to exceed the maximum lot coverage permitted within the
applicable zoning district.
Any development that requires a "D" variance pursuant to N.J.S.A.
40:55D-70d to exceed the maximum lot coverage permitted within the
applicable zoning district.
Any development that results in an increase in regulated motor
vehicle surface of greater than 250 square feet for residential development
or 1,000 square feet for commercial development.
Increases in regulated motor vehicle surface in excess of the
limits established under Subsection C above shall be applicable to
all development, including those that are compliant with the total
lot coverage permitted within the applicable zoning district.
Any of the following, alone or in combination:
A new increase in "motor vehicle surface", as defined under
N.J.A.C. 7:8 et seq.; and/or
The total area of existing motor vehicle surface or other impervious
surface that is currently receiving water quality treatment either
by vegetation or soil, by an existing stormwater management measure.
Any conversion of motor vehicle surface from a pervious or semipervious
surface, such as gravel, to an impervious surface, such as asphalt,
concrete or pavers.
All BMPs approved by the NJDEP, outlined in the BMP Manual.
[Amended 6-13-2022 by Ord. No. 22-1775]
[Added 4-19-2021 by Ord.
No. 21-1744]
b.
To the maximum extent practicable, these general design and performance
standards for major development shall be met by incorporating nonstructural
and green infrastructure stormwater management strategies into the
design. If these strategies alone are not sufficient to meet these
standards, a waiver or variance may be requested to use structural
stormwater management measures necessary to meet these standards.
[Amended 6-13-2022 by Ord. No. 22-1775]
c.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with N.J.A.C. 7:8-5.2 is granted from the requirements of this subsection, then BMPs from N.J.A.C. 7:8, Tables 5-1, 5-2 and 5-3, and/or an alternative stormwater management measure approved in accordance with Subsection 17-82.4d may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity of these standards.
[Added 6-13-2022 by Ord.
No. 22-1775]
d.
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the NJDEP, Division of Water Quality, Mail Code 401-02B, PO Box 420, Trenton, NJ 08625-0420. Alternative stormwater management measures may be used to satisfy the requirements only if the measures meet the definition of "green infrastructure." Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection 17-82.4d are subject to the contributory drainage area limitation specified at N.J.A.C. 7:8-5.3(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at N.J.A.C. 7:8-53(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with N.J.A.C. 7:8-5.2(e) is granted from N.J.A.C. 7:8-5.3(b).
[Added 6-13-2022 by Ord.
No. 22-1775]
e.
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
[Added 6-13-2022 by Ord.
No. 22-1775]
[Added 4-19-2021 by Ord.
No. 21-1744]
a.
All construction meeting the definition of "minor development" shall
comply with the requirements specified herein.
b.
All construction meeting the definition of "minor development" shall
be required to provide groundwater recharge within the same property
as the proposed construction.
d.
The minimum volume of stormwater required to be recharged shall be
calculated as three inches per each square foot of surface area calculated
as follows:
1.
For all development that complies with the total lot coverage for
the applicable zoning district but exceeds the limits for regulated
motor vehicle surface, the recharge requirements shall be applied
to the surface area in excess of the limits established for minor
development (i.e., >250 square feet for residential development, and
>1,000 square feet for commercial development).
2.
For all development that requires a variance for total lot coverage,
pursuant to N.J.S.A. 40:55D-70c or d, the recharge requirements shall
be applied to a surface area equal to 120% (1.2 times) the area in
excess of the maximum total lot coverage permitted by the applicable
zoning district.
e.
The stormwater recharge requirements shall be met using any one or
combination of methods permitted in the Best Management Practices
Manual for Green Infrastructure BMPs.
f.
Any alternate methods for achieving the stormwater recharge requirements,
not contained within the Best Management Practices Manual, shall be
required to provide a detailed design, prepared by a New Jersey State
licensed professional engineer.
[Added 4-19-2021 by Ord.
No. 21-1744]
a.
All construction meeting the definition of "major development" shall
comply with the requirements specified herein.
b.
All construction meeting the definition of "major development" shall
be required to include stormwater management measures designed in
accordance with the Residential Site Improvement Standards (RSIS,
N.J.A.C. 5:21), and the NJDEP Stormwater Rule (N.J.A.C. 7:8).
c.
Stormwater management measures utilized on major development shall
comply with the requirements of N.J.A.C. 7:8, Subchapters 5 and 6.
[Amended 6-13-2022 by Ord. No. 22-1775]
d.
The standards included herein by reference shall apply to all residential
and nonresidential projects; Township projects; Board of Education
projects; and other public agency projects meeting the definition
of "major development" and subject to review by the Township.
[Added 4-19-2021 by Ord.
No. 21-1744; amended 6-13-2022 by Ord. No. 22-1775]
a.
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available from Maps and Publications,
New Jersey Department of Environmental Protection, 428 East State
Street, P.O. Box 420, Trenton, New Jersey, 08625; (609) 777-1038 and
available to download from the Department's website at http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
Guidelines for stormwater management measures are contained in the
New Jersey Stormwater Best Management Practices Manual, as amended
and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Table 5-1, Table
5-2, and Table 5-3.
b.
Additional maintenance guidance is available at the NJDEP website
at: https://www.njstormwater.org/maintenance_guidance.htm.
[Added 4-19-2021 by Ord.
No. 21-1744]
a.
All major development projects requiring stormwater management shall
comply with the requirements of this section.
b.
The design engineer shall prepare an operation, maintenance and repair
plan (often referred to as "Operations and Maintenance Manual" or
"O&M Manual") for the stormwater management measures/facilities
incorporated into the design of a development project. The operation,
maintenance and repair plan (maintenance plan) shall contain all of
the following:
1.
Specific maintenance tasks, maintenance schedules for each stormwater
facility, inspection guidance, repairs and replacement of components,
required permits, erosion control, vegetation management, as well
as any tasks specific to the type of BMP needed to maintain the functional
parameters of the facility as contained in the BMP Manual; and
2.
Cost estimates, including estimated costs of routine inspections,
maintenance (e.g., sediment, debris, trash removal), costs to repair
structures, costs to replace structures, estimated life span of various
cost planning, labor, equipment, materials, and other information
related to perpetual upkeep of the stormwater facility; and
3.
The name, address, and telephone number, and any other relevant contact
information of the persons responsible for preventative and corrective
maintenance (including replacement) and any persons to which the stormwater
facilities will be dedicated. If the responsible maintenance party
is different than the owner, the owner's information shall be indicated
as well; and
4.
Facility location, including block and lot numbers, and (NJ State
plane) coordinates; and
5.
Accurate and comprehensive as-built drawings of the site's stormwater
management measures and applicable details; and
6.
Copies of the inspection log forms and maintenance reporting sheets.
c.
If the party responsible for maintenance is not Hopewell Township
or another public agency, the stormwater management facilities/measures
shall be considered private facilities.
d.
For all private facilities, the maintenance plan, and any future
revisions of the maintenance plan, shall be recorded upon the deed
of record for each property on which the maintenance described in
the maintenance plan must be undertaken following approval by the
Township Engineer and Township Attorney.
e.
The party responsible for maintenance of all private facilities,
regardless whether the stormwater facility existed before or is created
after the adoption of this section, shall perform the following requirements:
1.
Maintain a detailed log of all preventative and corrective maintenance
for the stormwater management measures incorporated into the design
of the development, including a record of all inspections and copies
of all maintenance-related work; and
2.
Evaluate the effectiveness of the maintenance plan at least once
per year and adjust the plan and deed as deeded; and
3.
Document the changes to the Maintenance and Plan and deed and provide
copies to the Township Engineer; and
4.
Submit inspection and maintenance logs to the Hopewell Township Engineer's
office annually by March 1 of the following calendar year for any
stormwater measure or BMP in accordance with the NJ Pollution Discharge
Elimination System requirements of N.J.A.C. 7:14A.
f.
In the event that a privately owned stormwater management facility
becomes a danger to public safety or public health, is in need of
maintenance and repair, and/or is not functioning properly in the
opinion of the Township Engineer, the Township Engineer shall so notify
the responsible party in writing. Upon receipt of notice from the
Township Engineer, the responsible party shall have 14 calendar days
to effectuate maintenance and repair of the facility in a manner that
is approved by the Township Engineer. In the case of an emergency
where repairs and/or corrective action must take place sooner, the
Township Engineer may specify a shorter time frame to correct the
eminent safety concern. The Township Engineer may also extend the
time allowed for effecting maintenance and repair for good cause.
1.
If the responsible party fails or refuses to perform such maintenance
and repair, Hopewell Township may immediately proceed to complete
the required emergency repairs with its own forces and equipment,
and/or through contracted companies. The Township Engineer will decide
the appropriate measure for corrective action up to, and including,
placing the stormwater facility back to its as-designed and/or as-built
accepted condition.
2.
The costs and expenses of such maintenance and repair by Hopewell
Township shall be billed to the responsible person or owner. Nonpayment
by the responsible party or owner may result in placement of a lien
on the property.
3.
If the stormwater facility continues to malfunction, the responsible
party will be notified, in writing, and will be given a reasonable
time frame in which to submit a plan to bring the stormwater facility
into compliance with the originally accepted design. If the original
design is not available or determined to be appropriate to address
the failing condition, the responsible party shall provide an alternate
design, prepared by a NJ State licensed professional engineer, to
meet current standards. The costs for the design and construction
of the corrective measures shall be borne by the owner or responsible
party.
g.
Stormwater management facilities cannot be removed or modified without
the approval of the Township Engineer and, if applicable, the appropriate
land use board of the Township of Hopewell having jurisdiction over
the development.
h.
Nothing in this subsection of this section shall preclude Hopewell
Township from requiring the posting of guarantees in accordance with
N.J.S.A. 40:55D-53.
[Added 4-19-2021 by Ord.
No. 21-1744]
a.
Stormwater management basins shall comply with the minimum requirements
set forth herein for proper design and operation to protect public
safety.
b.
All newly constructed stormwater management basins shall comply with
the requirements of N.J.A.C. 7:8-6.2 and N.J.A.C. 7:8-6, Appendix
A.
[Amended 6-13-2022 by Ord. No. 22-1775]
c.
Any existing stormwater management basin modified or altered as part
of a major development shall include retrofitting of the following
components of the basin to meet the following criteria:
1.
The trash rack shall be replaced if it cannot be demonstrated that
the existing device does not adversely affect the hydraulic performance
of the outlet pipe or structure.
2.
Any existing overflow grates on the outlet structure shall be modified
as necessary to meet the following criteria:
(a)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)
The overflow grate spacing shall be no greater than two inches
across the smallest dimension; and
(c)
The overflow grate shall be constructed of rigid, durable, and
corrosion-resistant material and designed to withstand a perpendicular
live load of 300 lbs./sq. foot.
3.
Any existing outlet structure within the basin shall be modified
or reconstructed as required to include escape provisions in or on
the structure. Escape provisions can include the installation of permanent
ladders, steps, rungs, or other features that provide an easily accessible
means of egress from the stormwater management basin.
d.
For the purpose of this section, modification or alteration of an
existing stormwater management basin shall include:
[Added 6-13-2022 by Ord. No. 22-1775[1]]
a.
Submission of Site Development Stormwater Plan.
b.
Site Development Stormwater Plan Approval.
1.
The applicant's site development project shall be reviewed as a part
of the review process by the municipal board or official from which
municipal approval is sought. That municipal board or official shall
consult the Township Engineer to determine if all of the checklist
requirements have been satisfied and to determine if the project meets
the standards set forth in this section.
c.
Submission of Site Development Stormwater Plan. The following information
shall be required:
1.
Topographic Base Map.
(a)
The Township Engineer may require upstream tributary drainage
system information as necessary. It is recommended that the topographic
base map of the site be submitted which extends a minimum of zero
feet beyond the limits of the proposed development, at a scale of
one inch equals 200 feet or greater, showing minimum two-foot contour
intervals. The map, as appropriate, may indicate the following: existing
surface water drainage, shorelines, steep slopes, soils, erodible
soils, perennial or intermittent streams that drain into or upstream
of the Category One waters, wetlands and floodplains along with their
appropriate buffer strips, marshlands and other wetlands, pervious
or vegetative surfaces, existing man-made structures, roads, bearing
and distances of property lines, and significant natural and man-made
features not otherwise shown.
2.
Environmental Site Analysis.
(a)
A written and graphic description of the natural and man-made
features of the site and its surroundings should be submitted. This
description should include a discussion of soil conditions, slopes,
wetlands, waterways and vegetation on the site. Particular attention
should be given to unique, unusual, or environmentally sensitive features
and to those that provide particular opportunities or constraints
for development.
3.
Project Description and Site Plans.
(a)
A map (or maps) at the scale of the topographical base map indicating
the location of existing and proposed buildings, roads, parking areas,
utilities, structural facilities for stormwater management and sediment
control, and other permanent structures. The map(s) shall also clearly
show areas where alterations will occur in the natural terrain and
cover, including lawns and other landscaping, and seasonal high groundwater
elevations. A written description of the site plan and justification
for proposed changes in natural conditions shall also be provided.
4.
Land Use Planning and Source Control Plan.
(a)
This plan shall provide a demonstration of how the goals and standards of Subsections 17-82.4 through 17-82.6 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
5.
Stormwater Management Facilities Map.
(a)
The following information, illustrated on a map of the same
scale as the topographic base map, shall be included.
6.
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
7.
Details of all stormwater management facility designs, during and
after construction, including discharge provisions, discharge capacity
for each outlet at different levels of detention and emergency spillway
provisions with maximum discharge capacity of each spillway.
8.
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection 17-82.6. When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.
d.
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection 17-82.8.
e.
Waiver from Submission Requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's Township Engineer, waive submission of any of the requirements in Subsection 17-82.10c when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
[Added 4-19-2021 by Ord.
No. 21-1744]
a.
For stormwater facilities not dedicated to or not accepted by Hopewell
Township:
1.
If the maintenance plan identifies a party other than the property
owner as having the responsibility for maintenance, the plan shall
include documentation of such party's or entity's agreement to assume
maintenance of this responsibility, or the owner's obligation to dedicate
a stormwater management facility to such party. Evidence of the dedication
shall be provided to the Township Engineer.
2.
Responsibility for the maintenance of community stormwater management
facilities shall not be assigned or transferred to the owner or tenant
of an individual property in a residential development or project,
unless such owner or tenant owns or leases the entire residential
development or project.
3.
Responsibility for the maintenance of individual stormwater management
facilities may be assigned or transferred to the owner or tenant of
an individual property/lot in a residential development if all of
the following conditions are met:
(a)
The individual stormwater facilities are situated and fully
contained on the residential lot.
(b)
The stormwater facilities are only designed to handle runoff
from a structure or improvement on the residential lot where the facility
is located or will be constructed.
(c)
The facilities do not control runoff from a public street.
(d)
The maintenance of the individual stormwater management facilities
on residential lots are to remain as the lot owners' responsibility.
Ownership or maintenance may not be transferred to Hopewell Township.
(e)
The area of the stormwater facility shall be recorded on the
deed in metes and bounds. The maintenance obligation shall be recorded
as a deed restriction.
(f)
No such facility shall be modified or eliminated following issuance
of the initial certificate of occupancy unless the Township of Hopewell
permits such modification or elimination through formal action by
the Township Committee or Township land use board having jurisdiction
over the matter.
(g)
Any existing community stormwater management facility where
maintenance or ownership was transferred to an individual residential
property owner or required by agreement in accordance with the rules
permitted at that time shall remain the responsibility of the owner.
b.
Stormwater management facilities for nonresidential (commercial)
developments. Whenever a stormwater management facility is required
for a nonresidential development, the stormwater management facility
shall be a part of an individual lot owned and maintained by the property
owner, or in the case of a business park or other similar complex,
part of the common open space owned by a business association. Provisions
for long term maintenance of the facility shall be established. No
responsibility, maintenance or otherwise, shall be transferred to
Hopewell Township.
c.
Stormwater management facilities for multifamily (e.g., apartments
or townhouses) developments. Whenever a stormwater management facility
is required for a development approval for a multifamily building,
the stormwater management facility shall be a part of the individual
lot owned and maintained by the property owner of the development
consisting of rental units or a part of the common open space owned
by a homeowners' association of a development of for-sale units, and
provisions for long term maintenance of the stormwater facility shall
be established. No responsibility, maintenance or otherwise, shall
be transferred to Hopewell Township.
d.
Stormwater management facilities for conventional, nonclustered development
of single-family detached dwellings. Whenever a stormwater management
facility is required in connection with a development approval for
any conventional, nonclustered development of single-family detached
dwellings, the stormwater facility shall be owned and maintained by
a homeowners' association.
[Added 4-19-2021 by Ord.
No. 21-1744]
a.
Any stormwater management measure authorized under the municipal
stormwater management plan or this section and any revisions thereof
shall be reflected in a deed notice recorded in the Mercer County
Clerk's office. A form of deed notice shall be submitted to the Township
Engineer and Township Attorney for approval prior to filing. The deed
notice shall contain a description of the stormwater management measure(s)
used to meet the green infrastructure, groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards and shall
identify the location of the stormwater management measure(s) in NAD
1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude
in decimal degrees. The deed notice shall also include the maintenance
plan also required to be recorded upon the deed. Furthermore, access
easements shall be provided to Hopewell Township to provide the Township
the right, but not obligation, to access the facility. Prior to signing
the site plan, subdivision plan, or approving a permit, proof that
the above required deed notice has been filed shall be submitted to
the municipality. Proof that the required information has been recorded
on the deed shall be in the form of a complete electronic or original
recorded copy of the document.
b.
A stormwater management measure approved under the municipal stormwater
management plan or ordinance may be altered or replaced with the approval
of the Township Engineer, if the Township Engineer determines that
the proposed alteration or replacement meets the design and performance
standards pursuant to this subsection and provides the same level
of stormwater management as the previously approved stormwater management
measure that is being altered or replaced. If an alteration or replacement
is approved, a revised deed notice shall be submitted to the Township
Attorney and Township Engineer for review and approval, and subsequently
recorded with the Mercer County Clerk's office. The instrument shall
contain a description and location of the stormwater management measure,
as well as include the maintenance plan, as noted above. Prior to
signing the site plan, subdivision plan, or approving a permit, proof
that the required information has been recorded on the deed in the
form of a complete electronic or original recorded copy of the document
shall be provided.
c.
The approving board may require dedication of easements or deed restrictions
along drainage ways, natural water courses, stream corridors, steep
slopes and other unique botanical, historical, geological and paleontological
areas located therein or adjacent to a proposed development. The easement
or deed restriction shall be indicated on the plan and shall be marked
on the land by concrete monuments at angle points and or property
corners at sufficient locations to enable the dedicated area to be
surveyed. In such cases, the approving Board shall consult with the
Township Planner and Township Engineer in determining the required
shape and size of the easement. The easement or deed restriction shall
be in a form approved by the Township Attorney and shall include provisions
assuring the following:
1.
Preservation of the channel and floodplain of the watercourse, including
the right to clean, de-snag and all such work necessary to maintain
the shape, slope and water flow of the watercourse.
2.
Prohibition of any removal of trees and other cleaning and grading
not directly related to the preservation of the channel of a watercourse.
3.
Grant of a right to the Township to install and maintain any drainage
facilities necessary for the health and safety of the public, if applicable.
4.
Right of entry to the Township to install and maintain any drainage
facilities therein, if applicable.
[Added 4-19-2021 by Ord.
No. 21-1744]
a.
The design of the stormwater runoff collection system for all residential
and commercial construction shall conform to N.J.A.C. 5:21-7.3 except
as follows:
1.
Minimum pipe size in the surface water drainage system shall be 15
inches in diameter.
2.
High density polyethylene pipe (HDPE) shall not be used in rights-of-way
to be dedicated to Hopewell Township, for driveway culverts, or in
locations that do not have adequate cover.
3.
Inlet or manhole spacing shall not exceed 400 feet unless otherwise
approved by the Township Engineer.
4.
Drainage inlets shall be located on both sides of street at all intersections.
Surface runoff in streets shall not exceed six cubic feet per second
at the drainage inlet, and surface runoff in parking, loading, and
walkway areas shall not exceed three cubic feet per second. Access
manholes shall be placed at maximum 500-foot intervals throughout
the system and at pipe junctions where there are no drainage inlets.
Inlets shall be placed at intervals not exceeding 400 feet.
5.
Storm drain pipes shall be constructed longitudinally along streets
and shall cross streets perpendicular to the center line thereof.
Pipe shall be located under or behind the curb line with the installation
of inlet or manhole structures. Curvilinear alignments, i.e., curved
pipe, pipe bends, or tees, wyes, etc., shall not be permitted.
6.
Storm drain pipes shall be the size specified and laid to the exact
lines and grades approved by the Township Engineer. Specifications
for construction of manholes, inlets, and storm drains shall conform
with the New Jersey Department of Transportation 2019 N.J.D.O.T. Standard
Specifications for Road and Bridge Construction, as amended or supplemented.
7.
Land designated as a flood hazard area shall not be designed for
any occupancy nor for any other purpose which may endanger life or
property or aggravate the flood hazard. Such land may be considered
for yard areas, or other similar uses and shall be preserved by a
conservation easement.
8.
Any underground drainage conveyance system outside a street or other
public right-of-way shall be accompanied by a fifteen-foot wide (minimum)
drainage easement dedicated to the Township and conforming with the
lines of such system. Sufficient width shall be provided so as to
accommodate maintenance vehicle access.
9.
Stream corridors shall be preserved by a conservation easement. Stream
corridors extend from 50 feet up to 300 feet, depending on classification
of the stream, from each bank of permanently flowing streams as these
streams are shown on Soil Conservation Service (SCS) maps. If the
natural floodplain is greater, the corridor shall extend to the limits
of the floodplain. Stream corridors shall also be extended to include
contiguous wetlands and slopes over 12% where the toe of the slope
is within 20 feet of the wet soils. Within the stream corridor and
20 feet of its edge, natural coverage shall be maintained, no alteration
of the natural terrain shall occur, and no structures or impervious
surfaces shall be constructed. All roads and utilities, including
septic systems, shall be at least 100 feet from stream corridors.
[Amended 6-13-2022 by Ord. No. 22-1775]
10.
In such cases in which an easement extends into a lot for a
distance wider than that which is restricted against building by the
required yard space regulations of this section, the Planning Board
may require the lot to be enlarged to the degree necessary to provide
additional building area.
11.
Manhole frames and covers shall be of American-made cast iron
conforming to ASTM Specification A-48 Class 30 and be suitable for
H-20 loading capacity. All manhole covers in remote areas or areas
subject to flooding shall require a locking device. "HOPEWELL TOWNSHIP
STORM SEWER" shall be cast integrally in the cover.
12.
All discharge pipes shall terminate with a precast or cast-in-place
concrete headwall with or without wingwalls as conditions require.
In normal circumstances, a cast-in-place concrete headwall is preferred.
Use of other types shall be justified by the designer and approved
by the Township Engineer.
[Added 4-19-2021 by Ord.
No. 21-1744]
Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to penalties stipulated in § 3-1.
[Ord. #05-1352]
a.
No driveway shall be permitted to be used unless sufficient surfacing
has been installed to prevent soil or dirt from being carried onto
a public right-of-way. Driveways shall be limited to one per lot if
the street frontage is less than 150 feet and two per lot if the same
is greater than 150 feet.
b.
That portion of a driveway which serves a residence or a farm which
is located on the lot and within 20 feet of the street right-of-way
line shall be straight and shall not deviate more than 30° from
a right angle to the street center line (or if on a curve from a radial
to the center line), nor shall it have a grade of more than 5%.
c.
That portion of a driveway which serves other than a residence or
a farm, which is located on the lot and within 30 feet of the street
right-of-way, shall be straight and shall be at a right angle (or
if on a curve, radial) to the street center line and shall not have
a grade of less than one nor more than 5%.
d.
All driveways shall be so located, designed, constructed and maintained
as to ensure an unobstructed view of the entire street width for 200
feet in both directions from a point 2 1/2 feet above the driveway
and 10 feet from the street line for farm or residential driveways
and 20 feet from the same for nonresidential driveways.
e.
Wherever a nonresidential driveway entrance may otherwise create
a disruption in the flow of traffic or other safety hazard, appropriate
acceleration and deceleration lanes may be required.
f.
Curb cuts shall be installed only at driveways except where ramps
are provided for the handicapped.
g.
Driveways shall be designed to use lawn areas to disconnect impervious
surfaces and to use permeable paving materials where appropriate.
(See section 17-68.) This report shall accompany all preliminary plats when site plans exceed 10 acres or subdivisions exceed 10 lots or for all plans encompassing improvements in any critical area of the township as identified in the master plan and the township's natural resources inventory. An environmental impact report shall include:
a.
A description of the development specifying what is to be done during
construction and operation, how it is to be done, and practical alternate
plans to achieve the objective(s) embodied in both the development
and the township's master plan and natural resources inventory.
b.
An inventory of the following on-site environmental conditions and
an assessment of the probable impact of the development upon them:
water supply; geology; aquifer recharge potential; soils and properties
thereof, including capabilities and limitations; sewerage; topography;
slope; drainage; vegetation; noise characteristics and levels; land
use; aesthetics and history. Air and water quality shall be described
with reference to standards promulgated by the Department of Environmental
Protection of the State of New Jersey and soils shall be described
with reference to soil conservation service categories and characteristics.
c.
A list and the status of the licenses, permits and approvals needed
from Federal, State, county, or public utility agencies including
the conclusions and comments of these governmental agencies.
d.
An evaluation of any adverse environmental impacts which cannot be
avoided. Particular emphasis shall be placed upon air or water pollution,
increase in noise, increase in sedimentation and siltation, increase
in township services, and consequences to the township tax structure.
e.
A description of steps to be taken to avoid or minimize adverse environmental
impacts during construction and operation, including necessary maps,
schedules and other explanatory data to clarify and explain these
steps.
a.
Fences or walls not exceeding 48 inches in height may be erected
on any part of a lot between the front line and the front setback
line for structures and on any other part of the lot may be erected
to a height not to exceed 72 inches. The height of such walls or fences
shall be determined by measurement from the ground level at the lowest
grade level within three feet of either side of such walls or fences.
c.
Tennis Courts. See section 17-159b4(c).
a.
Fire and Explosion Hazard. If in the judgment of the planning board
a proposed structure, use, process, product, or material appears to
involve a fire or explosion hazard, the planning board may require
the applicant to supply:
1.
A copy of the approved plans from the State Department of Community
Affairs or any other State, county, or local agency having jurisdiction
showing that adequate safeguards against the origin and spread of
fire have been or shall be taken in regard to such things as the construction
and materials of the structure, the installation of safety and warning
devices, and the adoption of fire prevention procedures in operations;
and
2.
A statement from the appropriate township fire subcode official that
the applicant has complied with all applicable township fire prevention
regulations; and
3.
Where special conditions or hazards exist, that the applicant has
made adequate provision to supplement public fire-fighting facilities
to the extent necessary to insure the safety of employees, customers
and adjacent structures.
b.
Fire Service. Whenever streams or other water sources which exist
or are proposed in or near a development may be useful for the purpose
of fighting fires in or near the development, provisions shall be
made to assure continual fire equipment access to such water sources.
Standpipes shall be installed whenever appropriate.
[Ord. #05-1352]
Also see Chapter 12 and the sections in this chapter entitled "Drainage" (section 17-82), and "Soil Protection" (section 17-107).
a.
The purposes are: (1) to continue the purposes of Chapter 12 and to implement methods of reducing flood losses as outlined in Chapter 12 as well as implementing the land use regulations of the New Jersey Department of Environmental Protection for floodways and flood fringe area; (2) to discourage construction and regrading in flood hazard areas; (3) to prevent encroachments into flood hazard areas which would obstruct or constrict the area through which flood water must pass, and; (4) to prevent pollution of watercourses during low or high water periods by preventing the placing or storing of unsanitary or dangerous substances in flood hazard areas.
b.
The flood hazard area as shown on the township's flood insurance
rate map and the flood hazard design elevation based on a 100-year
storm frequency shall be shown on the plat including stream encroachment
line data from the division of water resources. At the expense of
the landowner, the precise location of the floodway and flood fringe
area may be determined by field survey and be marked on the ground
and on the plat. Where State or Federal agencies delineate by contours
the flood hazard design elevation, the report shall be the delineated
flood hazard area as if published in this chapter. If none of the
above sources are available, the board may use any base flood elevation
data available from Federal, State or other sources.
c.
No improvement in a floodway shall be permitted unless it is a permitted
use, plat approval has been granted by the planning board and, if
required, by the county planning board, and all necessary permits
have been obtained from those Federal and State governmental agencies
from which approval is required.
d.
No improvement in a flood fringe portion of the flood hazard area shall be permitted unless it is a permitted use, plat approval has been granted, and the requirements and procedures of Chapter 12 have been satisfied.
e.
Permitted uses in a flood fringe area shall be as follows provided
they are permitted uses in the district in which they are located.
1.
Agriculture: General farming, pasture, grazing, outdoor plant nurseries,
horticulture, viticulture, truck farming, forestry, sod farming, and
wild crop harvesting.
2.
Industrial/Commercial: Lawns, loading areas, and parking areas.
3.
Recreation: Golf courses, improved courts and playing fields, swimming
areas, boat launching ramps, picnic areas, camping, and open space
uses such as hiking trails.
4.
Residential: Lawns, gardens, parking areas, and play areas.
5.
Public lawns, parking areas, play and recreation areas.
f.
The applicant shall submit maps, reports and other appropriate documents
permitting the planning board to evaluate the following:
1.
Flood Hazard Area. A map showing the boundary of the inundated area
following a 100-year storm.
2.
Construction Materials and Methods. All new construction and substantial
improvements shall be constructed by methods and practices that minimize
flood damage.
3.
Utilities. All new and replacement water supply and sanitary sewerage
systems shall be designed to minimize or eliminate infiltration of
flood waters into the system and sanitary sewerage systems shall be
designed to minimize or eliminate discharges from the systems into
flood waters. On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
4.
Subdivision Proposals. All subdivision proposals shall be consistent
with the need to minimize flood damage. All public utilities and facilities
such as sewer, gas, electrical and water systems shall be located
and constructed to minimize flood damage. All subdivision proposals
shall have adequate drainage provided to reduce exposure to flood
damage, shall be designed to address water quality, flooding and groundwater
recharge and shall incorporate the use of nonstructural stormwater
management strategies to the maximum extent practicable.
5.
Specific Standards. In all flood hazard areas any new construction or substantial improvement of any structure shall have the lowest floor, including basement, elevated to one foot above the 100-year flood elevation. As an alternative, any commercial, industrial or other nonresidential structure may be flood-proofed as set forth in Chapter 12, of the Revised General Ordinances of the Township of Hopewell (1978). This section shall not prevent the repair, or rebuilding, within a flood hazard area, of any lawful pre-existing structure which was damaged by a flood, or by any other means.
6.
Floodways. Located within flood hazard areas are areas designated
as floodways. Since the floodway is an extremely hazardous area due
to the velocity of flood water which carry debris, potential projectiles
and erosion potential, encroachments, including fill, new construction,
substantial improvements and other developments are prohibited unless
certification by a licensed professional engineer or architect is
provided demonstrating that encroachments shall not result in any
increase in flood levels or erosion during the occurrence of the 100-year
flood and required Federal and State permits have been granted.
7.
Other Documentation. The applicant shall submit other appropriate
documents permitting the planning board to evaluate whether the proposal
has a low flood damage potential; does not diminish the flood carrying
capacity of any altered or relocated watercourse; does not obstruct
flood flows or increase flood heights and/or velocities, does not
require channel modification or relocation without the necessary Federal
and/or State permits and township engineer approval; and does not
include the storage of equipment and materials in the flood plain.
A homeowners' association may be established to own and maintain
common open space and common property designed within a development.
If established, the organization shall incorporate the following provisions:
a.
Membership by all property owners, condominium owners, stockholders
under a cooperative development and other owners of property or interests
in the project shall be mandatory. Required membership and their responsibilities
shall be in writing between the organization and each member in the
form of a covenant with each agreeing to liability for his pro rata
share of the organization's costs.
b.
The organization shall be responsible for liability insurance (with
the municipality carried as a named insured), taxes, maintenance and
any other obligations assumed by the organization, and shall hold
the municipality harmless from any liability. The organization shall
not be dissolved and shall not dispose of any common open space or
common property by sale or otherwise, except to an organization conceived
and established to own and maintain such open space or property for
the benefit of such development. Thereafter such organization shall
not be dissolved and shall not dispose of any of its open space or
property without first offering to dedicate the same to the municipality(s)
wherein the land is located.
c.
The organization shall be allowed to adjust the pro rata share to
meet changing needs.
d.
The organization shall clearly describe in its bylaws all the rights
and obligations of each tenant and owner, including a copy of the
covenant, model deeds, and articles of incorporation of the organization
and the master deed shall state that every tenant and property owner
shall have the right to use all common properties. These shall be
set forth as a condition of approval and shall be submitted prior
to the granting of final approval.
e.
The articles of incorporation, covenants, bylaws, model deeds, and
other legal instruments shall insure that control of the organization
shall be transferred to the members based on a percentage of the dwelling
units sold and/or occupied. The legal instruments shall clearly indicate
that in the event such organization shall fail to maintain the common
open space or common property in reasonable order and condition, the
township committee may serve written notice upon such organization
or upon the owners of the development setting forth the manner in
which the organization has failed to maintain the common open space
or common property in reasonable condition. The notice shall include
a demand that such deficiencies of maintenance be cured within 35
days thereof and shall state the date and place of a hearing thereon
which shall be held within 15 days of the notice. At such hearing,
the designated township body or officer, as the case may be, may modify
the terms of the original notice as to deficiencies and may give a
reasonable extension of time, not to exceed 65 days within which they
shall be cured. If the deficiencies set forth in the original notice
or in the modification thereof shall not be cured within 35 days or
any permitted extension thereof, the township, in order to preserve
the common open space and common property and maintain the same for
a period of one year, may enter upon and maintain such land. Such
entry and maintenance shall not vest in the public any rights to use
the common open space and common property except when the same is
voluntarily dedicated to the public by the owners. Before the expiration
of the year, the township committee shall upon its initiative or upon
the request of the organization theretofore responsible for the maintenance
of the common open space and common property, call a public hearing
upon 15 days' written notice to such organization and to the owners
of the development, to be held by the township committee. At this
hearing such organization and the owners of the development shall
show cause why such maintenance by the township shall not, at the
election of the township committee, continue for a succeeding year.
If the township committee shall determine that such organization is
ready and able to maintain such open space and property in reasonable
condition, the township shall cease to maintain the open space and
property at the end of the year. If the township committee shall determine
such organization is not ready and able to maintain such open space
and property in a reasonable condition, the township committee may,
in its discretion, have the township continue to maintain the open
space and property during the next succeeding year, subject to a similar
hearing and determination in each year thereafter. The decision of
the township committee shall constitute a final administrative decision
subject to judicial review.
f.
The cost of such maintenance by the township shall be assessed pro
rata against the properties within the development that have a right
of enjoyment of the common open space and common property in accordance
with assessed value at the time of imposition of the lien, and shall
become a lien and tax on the properties and be added to and be a part
of the taxes to be levied and assessed thereon, and enforced and collected
with interest by the same officers and in the same manner as other
taxes.
a.
The landscaping plans for any lot occupied by other than a residence
or farm shall be approved by the planning board.
b.
On lots occupied by residential uses, that portion of the required
front yard area not occupied by driveway or parking area shall be
graded and covered with grass sod or other ground cover suitable for
soil retention as well as such shrubbery or trees as may be desired
by the owner.
c.
For all lot occupancies other than single- or two-family residential
or farm, landscaping in the form of grass or other ground cover, shrubs
and trees shall be provided on all areas not occupied by buildings
and improvements.
[Amended 9-8-2020 by Ord. No. 20-1734]
1.
In residential subdivisions, in addition to any required buffer or
street trees, plantings shall be required throughout the subdivision
where necessary for climate control and shading, privacy or for aesthetic
reasons in accordance with a planting plan approved by the Board.
A minimum of 10 shrubs and one shade or ornamental tree of 2 1/2
inches caliper or greater shall be provided for each 1,500 square
feet of residential dwelling development.
2.
For nonresidential development and residential site plans, at least
10 shrubs and one shade or ornamental tree of 2 1/2 inches caliper
or greater shall be provided for each 1,000 square feet of developed
area. The overall landscaping plan should break up long buildings
and screen off parking, service and utility areas.
3.
Plant varieties should be selected with consideration for various seasons and of different colors, textures, shapes, blossoms and foliage. The plan should be particularly sensitive to local soil conditions, water, topography and climatological factors. Native species shall be used to the maximum extent practicable (see § 17-89.1, Approved Native Woody Plant List). Not more than 20% of any one species shall be planted in any development except for developments requiring less than 10 trees and 10 shrubs.
4.
Regarding planting in and around parking lots:
(a)
Any single parking area with 20 or more spaces shall provide
at least 10% of its area in landscaping. The percentage of landscaped
area shall be based upon the area encompassed by the parking stalls
and adjacent access aisle(s). Such landscaping is in addition to the
peripheral coverage requirements.
(b)
The landscaping should be located in protected areas, such as
along walkways, in center islands or at the end of bays. The primary
landscaping materials used in parking lots shall be trees which provide
shade. Shade trees shall be planted 70 feet on center as part of the
landscape requirement for all parking lots.
(c)
The interior dimensions of any planting area or planting island
shall be sufficient to protect the landscaping materials planted therein
and to insure proper growth. Planting beds in parking lots shall have
a minimum width of six feet.
(d)
All planting islands shall be graded so as to create a depression
relative to the surrounding parking lot, in essence creating a rain
garden. The curbing surrounding the rain garden shall have three-inch-wide
breaks every 12 inches to 16 inches so that stormwater runoff can
enter the depression from all sides.
5.
All aboveground utility installations including but not limited to
generators, convertors, air conditioners, fiber optic houses and fuel
storage tanks that are not roof-mounted shall be thoroughly screened
by a continuous evergreen buffer of a sufficient height and depth
so as to effectively shield views of the installation year round.
d.
All landscaping shall be properly maintained through the life of
any use on any lot.
e.
A landscaped buffer shall be provided which will effectively screen
all parking and loading areas which are used for industrial or commercial
purposes from adjoining residences, and from adjoining vacant property
located in a residential district (whether the adjoining property
is located in the township or in another municipality), and from all
streets. When the proposed location of the parking and loading areas
is at the same elevation as the proposed buffer and the adjoining
residence or property, the buffer shall be at least 25 feet wide,
except that when the parking and loading areas are along a street,
the landscaped area shall be at least 10 feet wide. All buffers along
residential property lines shall be five feet high when planted, and
buffers along streets shall be three feet high. The landscaping shall
consist of evergreen trees with the lowest branches not more than
one foot above the ground, planted in a zigzag pattern not more than
six feet apart, on center. Existing evergreen trees may be utilized
as appropriate. Deciduous trees and shrubs may also be provided. All
buffers shall produce a screen at the time of planting which will
eliminate the glare of vehicle headlights at all seasons of the year.
If the location of the buffer and the area to be screened and the
adjoining residence or property or street are not at the same elevation
so the plantings would not provide an effective screen, the plantings
shall be high enough to provide a screen equivalent to that provided
above where all land is at the same elevation. No screening is necessary
if the ground is high enough to conceal headlights completely between
the area to be screened and the property line. Berms with trees, which
are stabilized by grass or other plantings, may be used to reduce
the required screening height, if the planning board determines that
they are appropriate in a particular case. Buffers shall incorporate
the use of native vegetation.
f.
When a commercial or industrial structure (other than parking or
loading areas) is on a lot which adjoins a residence or a vacant property
located in a residential district (whether the adjoining property
is located in the township or another municipality), and the elevations
are such that the structure is or would be visible from the residential
property line, landscaping shall be provided, along the property line,
at least 25 feet wide. It shall consist of evergreen trees at least
five feet high when planted with the lowest branches not more than
one foot above the ground, planted in a zigzag pattern not more than
six feet apart. Existing evergreen trees may be utilized as appropriate.
Berms with trees, which are stabilized by grass or other plantings,
or alternative locations and types of landscaping, may be provided
if the planning board determines that the alternative would attain
the same or better screening.
g.
Plans for screening referred to above shall be prepared by a landscaper
and submitted as part of a site plan, and shall show the specific
location and types of all existing shrubs and trees in the buffer
area and all proposed new ones, with the botanical name and the common
name of each; the height and diameter of each at the time planted
(or at the time of site plan submission, for existing ones) and the
projected height and diameter two years later; the distance between
the centers of all shrubs and trees; and the detailed timetable for
planting.
h.
Every effort shall be made to preserve existing trees. Construction
shall not encroach upon the drip line of trees.
i.
Street trees shall be of a type and size and in such location as
shall be approved by the Board. Street trees shall be placed not more
than 50 feet apart for large trees and 30 feet apart for small trees
along streets in all developments and subdivisions five to 10 feet
outside the street right-of way line and shall not interfere with
overhead or underground utilities.
[Amended 9-8-2020 by Ord. No. 20-1734]
1.
No trees shall be planted within 50 feet of intersecting street right-of-way
lines. The Board shall grant a waiver to the above only if there are
trees growing along such streets or on abutting property near the
street which are in compliance with or exceed the requirements of
this section.
2.
The following list of trees are generally compatible with overhead
distribution facilities. Local conditions should prevail in selecting
the species in any specific location:
|
Latin
|
Common Name
|
|---|---|
|
Cornus florida
|
White flowering dogwood
|
|
Chionanthus virginicus
|
Fringe Tree
|
|
Crataegus crus-galli inermis 'Cruzam'
|
Hawthorn, Crusader
|
|
Crataegus x lavallei
|
Hawthorn, Lavalle
|
|
Cercis canadensis
|
Redbud, American
|
|
Amelanchier laevis 'Cumulus'
|
Shadblow, Cumulus
|
|
Amelanchier x grandiflora 'Robin Hill'
|
Shadblow, pink
|
|
Halesia carolina 'Jersey Belle'
|
Silverbell, Jersey Belle
|
|
Halesia diptera 'Magniflora'
|
Two-winged silverbell, Magniflora
|
|
Oxydendrum arboretum
|
Sourwood
|
|
Trees may grow over 25 feet in height and will need to be trimmed
in order to maintain a height that does not exceed 25 feet. Not all
of these species are suitable to plant in the border zone of the transmission
system.
|
j.
That portion of a residential development abutting an arterial or collector street shall either (a) be planted with nursery grown evergreens and/or deciduous trees along the full length of the development to a depth of not more than the twenty-five-foot buffer strip along the right-of-way (section 17-108g) so that in a reasonable period of time a buffer area will exist between the development and the highway, or (b) where topography permits, earthen berms may be created at a sufficient height to establish a buffer between the development and the highway. They shall be stabilized by ground cover to prevent soil erosion and shall be planted with evergreens and deciduous trees according to a landscaping plan so as to be designed to have no adverse effect on nearby properties. All trees shall be balled and burlapped nursery stock having a caliper of not less than 2.5 inches measured three feet above ground level and be of an approved species grown under the same climatic conditions as at the location of the development. They shall be of symmetrical growth, free of insect pests and disease, suitable for street use, and durable.
k.
Preservation of Existing Natural Resources. The subdivision or site
plan shall preserve existing natural resources on the site, and shall
preserve trees, stream corridors, hilltops, open spaces and views
whenever possible.
l.
Following
is a list of approved native woody plants:
[Added 9-8-2020 by Ord. No. 20-1734]
|
Latin
|
Common Name
|
|---|---|
|
Evergreen trees
| |
|
Chamaecyparis thyoides
|
Atlantic White Cedar
|
|
Ilex opaca
|
American Holly
|
|
Juniperus virginiana
|
Eastern Red Cedar
|
|
Pinus echinata
|
Shortleaf Pine
|
|
Pinus strobus
|
Eastern White Pine
|
|
Pinus rigida
|
Pitch Pine
|
|
Pinus taeda
|
Loblolly Pine
|
|
Pinus virginiana
|
Virginia Pine
|
|
Tsuga canadensis
|
Eastern Hemlock
|
|
Large deciduous trees
| |
|
Acer rubrum
|
Red Maple
|
|
Acer saccharinum
|
Silver Maple
|
|
Acer saccharum
|
Sugar Maple
|
|
Betula lenta
|
Black or Sweet Birch
|
|
Betula nigra
|
River Birch
|
|
Betula populifolia
|
Gray Birch
|
|
Carpinus caroliniana
|
American Hornbeam (Ironwood; Musclewood)
|
|
Carya cordiformus
|
Bitternut Hickory
|
|
Carya glabra
|
Pignut Hickory
|
|
Carya ovata
|
Shagbark Hickory
|
|
Celtis occidentalis
|
Hackberry
|
|
Diospyros virginiana
|
Persimmon
|
|
Fagus grandiflora
|
American Beech
|
|
Fraxinus americana
|
White Ash
|
|
Fraxinus pennsylvanica
|
Green Ash
|
|
Gleditsia triacanthus
|
Honey locust
|
|
Juglens nigra
|
Black Walnut
|
|
Liriodendron tulipifera
|
Tulip Poplar
|
|
Liquidambar styraciflua
|
*Sweetgum
|
|
Morus rubra
|
Red Mulberry
|
|
Nyssa sylvatica
|
*Sourgum or Blackgum
|
|
Plantanus occidentalis
|
American sycamore
|
|
Populus deltoides
|
Eastern Cottonwood
|
|
Populus grandidentata
|
Large-tooth Aspen
|
|
Populus tremuoides
|
Quaking or Trembling Aspen
|
|
Prunus serotina
|
Black Cherry
|
|
Quercus alba
|
White Oak
|
|
Quercus bicolor
|
Swamp White Oak
|
|
Quercus coccinea
|
Scarlet Oak
|
|
Quercus falcata
|
Southern Red Oak
|
|
Quercus palustris
|
Pin Oak
|
|
Quercus phellos
|
Willow Oak
|
|
Quercus prinus
|
Chestnut Oak
|
|
Quercus rubra
|
Northern Red Oak
|
|
Quercus velutina
|
Black Oak
|
|
Salix nigra
|
Black Willow
|
|
Sassafras albidum
|
Common Sassafras
|
|
Taxodium distichum
|
Bald Cypress
|
|
Tilia americana
|
American Basswood
|
|
Ulmus americana
|
American Elm
|
|
Ulmus rubra (sometimes U. fulva)
|
Slippery elm
|
|
Understory (small) trees
| |
|
Acer ginnala
|
Amur maple
|
|
Cercis canadensis
|
Redbud (many attractive cultivars available)
|
|
Cornus florida
|
Flowering dogwood (many attractive cultivars available)
|
|
Amelanchiar spp.
|
Serviceberry
|
|
Chionanthus virginicus
|
Fringetree
|
|
Halesia carolina
|
Carolina Silverbell
|
|
Magnolia virginiana
|
Sweetbay Magnolia
|
|
Prunus americana
|
Wild Plum
|
|
Prunus serotina
|
Black Cherry
|
|
Prunus virginiana
|
Chokecherry
|
|
Sassafras albidum
|
Common Sassafras
|
|
Shrubs
| |
|
Alnus rugosa
|
Speckled Alder
|
|
Alnus serrulata
|
Smooth Alder
|
|
Aronia arbutifolia
|
Red Chokeberry
|
|
Aronia melanocarpa
|
Black Chokeberry
|
|
Asimina triloba
|
Paw Paw
|
|
Baccharis halimifolia
|
Groundsel Tree or Sea Myrtle
|
|
Cephalanthus occidentalis
|
Buttonbush
|
|
Clethra alnifolia
|
Sweet Pepperbush
|
|
Cornus amomum
|
Silky Dogwood
|
|
Cornus racemosa
|
Gray Dogwood
|
|
Cornus sericea
|
Red-osier Dogwood
|
|
Corylus americana
|
American Hazelnut
|
|
Crataegus crus-galli
|
Cockspur Hawthorn
|
|
Crataegus uniflora
|
Dwarf Hawthorn
|
|
Gaylussacia baccata
|
Black Huckleberry
|
|
Gaylussacia frondosa
|
Dangleberry
|
|
Hamamelis virginiana
|
Witchhazel
|
|
Ilex glabra**
|
Inkberry Holly
|
|
Ilex verticillata
|
Winterberry
|
|
Itea virginica
|
Virginia Sweetspire
|
|
Iva frutescens
|
Marsh Elder
|
|
Kalmia latifolia**
|
Mountain laurel
|
|
Leucothoe racemosa**
|
Fetterbush or Sweet Bells
|
|
Lindera benzoin
|
Spicebush
|
|
Myrica cerifera**
|
Wax Myrtle or Southern Bayberry
|
|
Myrica pensylvanica**
|
Northern Bayberry
|
|
Physocarpus opulifolius
|
Common Ninebark
|
|
Prunus maritima
|
Beach Plum
|
|
Rhododendron atlanticum
|
Dwarf Azalea
|
|
Rhododendron periclymenoides
|
Pink Azalea
|
|
Rhododendron viscosum
|
Swamp Azalea
|
|
Rhus aromatica
|
Fragrant Sumac
|
|
Rhus copalina
|
Dwarf-winged Sumac
|
|
Rhus glabra
|
Smooth Sumac
|
|
Rhus typhina
|
Staghorn Sumac
|
|
Rosa palustris
|
Swamp Rose
|
|
Salix sericea
|
Silky Willow
|
|
Sambucus canadensis
|
Common Elder or Elderberry
|
|
Taxus candensis**
|
Yew
|
|
Tsuga canadensis**
|
Eastern Hemlock [can be sheared to maintain hedge]
|
|
Vaccinium corymbosum
|
Highbush Blueberry
|
|
Vaccinium pallidum
|
Lowbush Blueberry
|
|
Vaccinium stamineum
|
Squaw Huckleberry
|
|
Vibernum acerifolium
|
Mapleleaf Viburnum
|
|
Viburnum dentatum
|
Arrowwood
|
|
Viburnum lentago
|
Nannyberry
|
|
Viburnum nudum
|
Possumhaw Viburnum
|
|
Viburnum prunifolium
|
Black Haw
|
|
Viburnum trilobum
|
Cranberry Bush
|
|
*Spring planting only.
|
|
**Evergreen species.
|
[Added 9-8-2020 by Ord. No. 20-1734]
a.
If planted berms are used, the minimum top width shall be four feet,
and the maximum side slope shall be 3:1.
1.
Plant materials shall be sufficiently large and planted in such a
fashion that a screen at least eight feet in height shall be produced
within three growing seasons.
2.
No buildings, structures, storage of materials, or parking shall
be permitted within the buffer area; buffer areas shall be maintained
and kept free of all debris, rubbish, weeds, and tall grass.
b.
The grade of land located within six feet of a tree shall not be
raised or lowered more than six inches unless compensated by welling
or retaining methods herein described.
c.
Tree wells are to be constructed around each tree or group of trees
before any grades are increased. Wells are to be constructed of uncemented
stone, block or any other suitable material. This well should be a
minimum of three feet in diameter for four-inches or less caliper
tree with the wall located 18 inches from the trunk with the construction
starting on existing grade so as not to disturb roots with foundation
construction. For trees of more than four-inch caliper, there should
be added one foot to the diameter of the well for each inch caliper
over four inches as measured 12 inches above natural ground level.
d.
Retaining walls are to be constructed around each tree or group of
trees immediately after the grade is lowered. This retaining wall
is to be constructed of wood ties, or any other suitable material
subject to approval by the Township Engineer.
e.
Ground Covers. All planting beds must be covered and type of covering
to be used noted on the landscape plan. Where mulches are used required
depth of placement is two to four inches, maximum.
1.
Ground covers are required in place of grass in small restricted
areas such as tree and shrub planters.
2.
All planted beds surrounded by grass must be edged by a physical
edging, flush with the soil, to permit mowing.
3.
Sod is to be used in place of seeding for more rapid establishment
and effect, except for areas exceeding two acres. In any area exceeding
two acres, at least two acres must be sodded, the location of which
is to be determined by the Township Engineer.
4.
Ground cover areas and steep banks greater than 15% must be planted
with ground cover and mulch to be approved by the Township Engineer.
5.
All seed mixtures and sod types must meet the approval of the Township
Engineer.
g.
Tree protection during construction or installation of landscaping.
1.
Protection is required for any soil disturbance within the drip line
of any tree not being removed. Trees designed to remain on the construction
site are to be protected with a physical barrier at the trees' dripline.
The barrier shall be installed before a tree removal permit will be
granted and/or before any excavation or construction is begun.
2.
Tree protection shall remain until construction and grading are complete.
Tree protection shall be provided, as a minimum, in accordance with
the Standards for Soil Erosion and Sediment Control in New Jersey.
3.
There shall be no wires or attachments to trees being protected.
Any cleaning within six feet of tree trunks must be done by hand.
No equipment is to be over this area, and no building materials are
to be attached against the tree or within the area of the barrier.
4.
No tree is to support any scaffolding, signs, temporary utility or
any other device.
5.
Any existing trees damaged during construction must be inspected
and treated if required in accordance with written guidance from a
tree expert. If the damage is unable to be treated as certified by
the tree expert the damaged tree shall be removed and replaced in
accordance with this section.
6.
No materials of any kind shall be stored and no construction machinery
shall be placed within the drip line of any tree to be protected before,
during or after construction.
7.
When the tree protection area is adjacent to street rights-of-way
and utility easements, the location of said street rights-of-way and
utility easements shall be identified during construction.
8.
During the course of operations, the contractor shall remove from
the property at their expense all excess waste materials and will
restore any damaged lawn areas or planting areas to their original
condition, if such damage is the result of the contractor's operations.
h.
Plant Quality.
1.
Plant materials shall be provided in accordance with the standards
set forth in ANSI Z60.1, American Standard for Nursery Stock. All
trees shall be grown under climatic conditions similar to the job
site for a period of not less than two years immediately prior to
installation and must be nursery grown.
2.
No substitutions shall be permitted in either kind or grade without
written authorization from the Township Engineer.
3.
Plants shall have the habit of growth that is normal for the species
or cultivar and shall be sound, healthy, vigorous, free from insects,
plant diseases and injuries or damage of any nature. All plants shall
be of the grades specified, neither larger nor smaller, without written
authorization from the Township Engineer. No plants shall be pruned,
clipped or trimmed prior to delivery without written authorization
from the township.
4.
All plants shall have been root pruned at the nursery at least once
during the three-year period immediately preceding transplanting and
at least one year prior to transplanting. All plants must be state-inspected
and a copy of the certificate of inspections issued by the State Department
of Agriculture at the point of origin must accompany shipments from
each source.
i.
Planting.
1.
Prior to commencement of planting, the contractor shall contact the
Township to establish a schedule of planting. Landscaping may be installed
from March 1 through June 30 or September 1 through November 30, and
may be planted only when the soil is frost-free and friable.
2.
Unless otherwise specified within these specifications, all work
shall conform to accepted horticultural practices. Plants shall be
protected upon arrival to the site by being thoroughly watered and
properly maintained until properly planted and watered. If water is
unavailable on the site, it is the responsibility if the contractor
to furnish it at the time of planting. Unplanted stock shall be healed
in a bed of material approved by the project supervisor upon delivery
to the site unless they will be planted within four hours after delivery.
At all times workmanlike methods customary in good horticultural practices
shall be exercised. The contractor shall protect all existing features
on the site including underground utilities, structures, and existing
trees.
3.
All trees and shrubs shall be planted in pits that are a minimum
of two feet larger in diameter than their ball of earth or their spread
of roots. The depth of the pits shall be equal to the depth of the
root ball after proper planting. The tree or shrub shall be centered
in the hole and then backfilled 1/2 the depth of the soil ball with
topsoil. The backfill shall be lightly but thoroughly tamped and well-watered.
The remainder of the hole is then to be backfilled with approved topsoil
to a depth that after settling will assure the tree will be at the
same level it was previously growing at in the nursery.
4.
The plant will be well-watered again before mulch is placed over
the surface of the root ball. Uniformly shredded hardwood mulch supplied
by the contractor shall be free of debris and shall be placed by the
contractor around all plantings at the time of planting to a depth
of three inches. Care shall be exercised to keep mulch three inches
away from the bases of all plantings.
5.
Plants must be protected from deer browse.
6.
The installation of tree stakes and supporting materials shall be
done to those trees that the Township deems necessary. Stakes shall
be made of wood, of the length and size required to restrict excessive
movement by the tree, as ultimately determined by the inspector. Tie
materials shall be plastic chain lock or flat, woven webbing designed
specifically for staking trees. Trees shall not be wrapped.
7.
Plantings shall be watered regularly and in a manner appropriate
for the specific plant species through the first growing season. Dead
or dying plants shall be replaced by the applicant during the next
planting season.
j.
Planting Guarantee Required.
1.
Trees shall be maintained in a healthy and satisfactory growing condition
for no less than two years from the date of planting and shall be
so guaranteed for two years from the date of acceptance by the Township.
2.
Replacement will be made according to these same specifications and
during the normal planting period. Replacements shall be subject to
the same guarantee and replacement as the original material. The replacements
shall be made within 60 days following written demand from the Township.
3.
In case of any questions regarding the conditions and satisfactory
establishment of a rejected plant, the contractor may, if approved
by the Township Engineer, allow such a plant to remain through another
growing season at which time the rejected plant, if found to be dead,
or in an unhealthy or badly impaired condition, shall be replaced.
[[1]Ord. #03-1297, § 1; amended 6-3-2019 by Ord. No. 19-1709]
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 00-1171.
a.
Purpose. The governing body of Hopewell Township does herein find
that regulation of site lighting in Hopewell Township is necessary
to prevent negative impacts caused by misdirected or excessive illuminance,
inappropriate or misaligned light fixtures (luminaires), glare, light
trespass, and skyglow. Such regulation is necessary to encourage conservation
of energy and to prevent destructive light pollution.
b.
All site light fixtures installed and thereafter maintained, other
than those serving one- or two-family dwellings, shall be full cut-off
fixtures as defined by the IESNA (Illuminating Engineering Society
of North America) with an uplight rating of U0 in accordance with
the B-U-G (Backlight, Uplight, Glare) rating system defined in the
current Model Lighting Ordinance (MLO) authored jointly by the IDA
(International Dark-Sky Association) and IES. Full cut-off fixtures
shall not have vertical swivel mounting capability. Exceptions will
be considered for the following situations:
1.
Luminaires used to illuminate statues or other objects varying in
shape that are mounted on a pole, pedestal or platform, which are
lamped and aimed such that 90% of the beam angle is not greater than
the size of the object illuminated. Luminaires shall be shielded to
minimize direct glare.
2.
Luminaires used to illuminate American flags that can rotate 360°,
shall have a beam angle based on a circle having a radius equal to
the width of the flag at the height of the flag, unless the flag is
greater than 10 feet in width. Flags greater than 10 feet in width
shall be illuminated by a beam with a radius not greater than 2/3
the flag width.
3.
Luminaires used for architectural accent and landscape lighting shall
be lamped and aimed such that 100% of the distribution pattern falls
within the illuminated structure. Luminaires shall be shielded to
minimize direct glare.
(a)
Landscape and accent up lighting shall be turned off automatically
by 10:00 p.m.
4.
Luminaires used for signage.
(a)
Top-mounted luminaires are preferred for externally illuminated
signs. Luminaires shall be lamped and aimed such that 100% of the
distribution pattern or beam angle falls on the face of the sign.
Beam angles shall not exceed the size of the sign. Luminaires shall
be shielded to minimize direct glare. In residential areas, the luminance
shall not exceed an average maintained vertical existence of 10 fL
(footlambert).
(b)
When top-mounted luminaires are not feasible for good cause
shown, alternate locations may be used provided that the luminaires
are lamped and aimed such that 100% of the distribution pattern or
beam angle falls on the face of the sign. Beam angles shall not exceed
the size of the sign. Luminaires shall be shielded to prevent direct
view of the light source from normal viewing angles. The luminance
shall not exceed an average maintained vertical existence of 10 fL
(footlambert).
(c)
Internally illuminated signage is permitted only on commercial
properties with frontage on Route 31. The majority of the sign surface,
typically the background, shall be a dark color.
(d)
Signage lighting shall be controlled by photocell for energy
conservation during daylight hours and/or by timer for energy conservation
outside of business hours.
5.
Outdoor recreational and sports facilities where it can be demonstrated
that the arrangement of playing surfaces is such that illumination
using full cutoff luminaires would result in poles located on or dangerously
close to playing surfaces, may utilize semi-cutoff luminaires. Luminaires
shall be constructed, located and aimed such that illumination at
grade does not cross any property line. Lamps shall be shielded from
normal viewing angles.
6.
Luminaires used within the interior of a parking structure or where
deemed necessary along roadways shall meet cutoff classification requirements.
c.
The use of mercury vapor lamps is prohibited.
d.
Outdoor light fixtures for purposes of private usage shall not be
attached or mounted from public property (i.e., public buildings,
utility poles, street lights, road/street signs). Furthermore, these
fixtures shall not tap or extend power from sources servicing public
lighting and/or power devices.
e.
Recreational Facilities. All recreational areas which require lighting shall comply with the standards set forth in § 17-101b.
f.
Hopewell Township shall be considered Lighting Zone 1, in accordance
with the IES/IDA MLO referenced by the Leadership in Energy and Environmental
Design (LEED) and other sustainability programs, desiring low ambient
lighting levels in a community of predominantly single-family housing
and rural community town centers. The MLO shall complement and in
no case supersede the requirements of this section.
g.
Flashing or strobing of light installations is not permitted. Temporary
seasonal lighting is excluded.
a.
Luminaire design and placement shall be utilized to prevent light
trespass along property lines. External shielding accessories to luminaires
shall be used where it can be demonstrated that luminaire selection
and placement alone could not prevent light trespass.
b.
Site lighting installations shall further meet the specifications
below:
1.
For commercial, industrial and institutional applications, illuminance
from exterior lighting, facade lighting, landscape lighting, light
emissions through windows caused by interior illumination, and all
other forms, shall not exceed 0.3 footcandle in the vertical plane
at a height of five feet or higher at the property line of any neighboring
residential property and shall not exceed 0.1 footcandle after 10:00
p.m.
2.
For single-, two-family and multi-family dwellings, illuminance from
exterior lighting, facade lighting, and landscape lighting shall not
exceed 0.1 footcandle in the vertical plane at a height of five feet
or higher at the property line of any neighboring residential property.
Exceptions may be granted provided these requirements are adhered
to within 30 feet of any dwelling.
c.
For commercial, industrial and institutional applications, interior
lighting shall be controlled automatically to turn off by 10:00 p.m.
unless the building is occupied. Interior luminaires used for emergency
illumination are excluded. Minimal security night lighting shall be
allowed to remain on; emergency lighting is encouraged to be controlled
by occupancy sensors. Interior ceilings and vertical surfaces within
view from exterior of building shall not be illuminated at night.
This provision is designed to minimize nuisance glare on neighboring
residential properties and enhance energy conservation. Acceptable
exemptions are:
1.
Interior display lighting in retail facilities may remain on for
security purposes. The use of minimal required illumination is encouraged.
2.
For commercial, industrial and institutional applications, outdoor
light fixtures shall have a color temperature of 3500 Kelvin or lower.
Luminaire maintenance protocols shall assure luminaries are maintained
with lamps and LED (light emitting diode) modules that comply with
this section.
3.
For residential applications, outdoor light fixtures shall have a
color temperature of 2700 Kelvin or lower. The use of minimal illumination
is encouraged.
4.
Outdoor light fixtures shall be continually maintained to assure
light distribution compliant with this section and illuminance requirements.
a.
The principle of minimum necessary illuminance shall guide the design,
installation, and maintenance of all outdoor lighting.
b.
Street Lighting. Roadway lighting shall occur at intersections, roadways
with designated bikeways, in developments with average densities of
two units per acre or greater, and dangerous areas as may be determined
by the Township Committee, Planning Board, or Zoning Board of Adjustment.
All street lighting shall be photocell controlled, use house-side
shielding when adjacent to dwelling units, and utilize shielding or
refractive lenses to mitigate direct source glare.
c.
Outdoor Parking Facilities. All parking lot luminaires shall be full
cutoff light fixtures with 2700 Kelvin color temperature or lower.
Parking facility illumination shall comply with the following specifications:
1.
On-Grade Parking.
(a)
Minimum maintained horizontal illuminance at grade shall not
exceed 0.2 footcandle (0.5 footcandle is acceptable in commercial
zones where unusual security concerns can be shown).
(b)
Maximum to minimum maintained horizontal illumination uniformity
ratio shall not exceed 20:1 (15:1 ratio used when minimum maintained
illumination at grade is 0.5 footcandle).
(c)
Minimum vertical illumination shall be at least 0.5 footcandle
measured five feet above finished grade at pedestrian crossings.
2.
Parking Structures.
3.
All outdoor luminaires, exempting those used on single- and two-family
dwellings, shall comply with the following glare ratings as defined
by the MLO.
|
Building-mounted luminaires
|
Glare rating
|
|---|---|
|
>2 mounting heights from property line
|
G1
|
|
1-2 mounting heights from property line
|
G0
|
|
<1 and >0.5 mounting height from property line
|
G0
|
|
0.5 mounting height or less from property line
|
G0
|
|
Other luminaire types
|
G1
|
a.
All outdoor lighting, other than that serving single-, two- and multi-family
dwellings, shall be turned off through the use of automatic control
devices during nonoperating hours or by 10:00 p.m., except where it
can be demonstrated that safety or security purposes require illumination.
The following are acceptable exemptions from this requirement:
1.
Operating hours of the facility are past 10:00 p.m., in which case
the lighting shall turn off at the conclusion of business activities.
2.
Exterior retail and merchandise display lighting may remain on until
10:00 p.m., but shall not remain on after 10:00 p.m. unless the business
is open to the public later than 10:00 p.m., in which case the lighting
shall be turned off at the conclusion of the business period.
3.
Exterior lighting for recreational areas, athletic fields, and courts
shall not remain on after 10:00 p.m. unless athletic or public activity
is in progress. If organized activity warrants lighting of these facilities
after 10:00 p.m., it is the responsibility of the participants to
ensure lights are turned off at the conclusion of activity.
b.
Minimal required levels of illumination are to be used in all applications.
All lighting shall be designed, selected and installed both to prevent
negative impacts caused by misdirected or excessive light and to conserve
energy.
c.
The use of LED luminaires is encouraged. Luminaires shall contain
integral lamp life sensing controls or have maintenance protocols
that require LED module replacement when LED drivers are replaced.
Luminaire maintenance protocols shall assure luminaires are maintained
to be compliant with this article. The use of incandescent and halogen
lamps is discouraged.
d.
Dimming controls for outdoor lighting is encouraged. High-end trim
settings shall be utilized to assure minimum necessary illumination
and resolve compliance discrepancies upon Township inspection.
a.
Evidence of compliance shall include all of the following:
1.
Descriptions of all outdoor luminaires, including lamps. Manufacturer
catalog cut sheets for luminaire shall include model number with all
accessories and selections clearly indicated, dimensioned cross sections,
B-U-G ratings, and photometric report prepared by independent testing
lab graphically indicating candela distributions from 0° to 180°
vertically. Pole-mounted lights shall include EPA (effective projected
area) ratings. Adjustable fixtures, where permitted shall be capable
of locking in place to prevent movement of fixture during servicing.
Lamp description shall include type of lamp source, wattage, clear
or coated bulb, color temperature, spectral power distribution curves,
and initial and mean lumens. Spotlights or floodlights shall also
include beam angles.
2.
Mounting heights and details should be included for all fixtures.
Pole heights shall not exceed 25 feet.
3.
Light pole diameters and dimensioned foundation details shall be
provided. Light poles and foundations shall be designed to withstand
100-mph winds.
4.
Where horizontal illumination metrics are required, site lighting
plans, to scale, with computer-generated maintained footcandle calculation
points on a maximum calculation grid spacing of every 10 feet are
to be provided. Plans shall indicate location of all fixtures and
aiming angles for spot and flood fixtures.
5.
Site lighting plans, to scale, with computer-generated initial footcandle
calculation points on a maximum calculation grid spacing of every
10 feet are to be provided (initial illumination calculations may
be used to field verify compliance with lighting requirements at the
completion of construction).
6.
Calculation summary shall include minimum, average, and maximum maintained illumination levels in footcandles, as well as uniformity ratios as described in Subsection 17-90.3. In addition, provide light loss factor used for each fixture type.
8.
Lighting calculations shall be performed by a NCQLP (National Council
on Qualifications for the Lighting Professions), LC (Lighting Certified)
professional, unless this requirement creates undue hardship that
can be demonstrated.
b.
Once properly installed, fixtures are to be aimed, permanently affixed,
and maintained in the approved position. All glare shield and cutoff
devices shall be maintained.
a.
The Township may conduct post-installation inspections of lighting
fixtures in order to ensure compliance with ordinance requirements
and intents. Corrective action may be required for any installation
that does not meet ordinance criteria or which causes unacceptable
levels of light trespass, glare or contributions to sky glow.
b.
The Township may recommend changes in the field that would correct
problem situations, such as re-aiming floodlights, adding appropriate
shielding, decreasing lamp wattage or replacing equipment.
c.
Searchlights or flashing or animated signs are prohibited other than
as approved by the Township Committee.
d.
Temporary seasonal lighting shall be excluded.
[Ord. #00-1155, § 2; Ord. #02-1268, § 1;
Ord. #04-1325, §§ 1, 2; Ord. #05-1352]
a.
Lot dimensions and area shall not be less than the requirements of
the zoning ordinance.
b.
Insofar as is practical, side lot lines shall be at right angles
to straight streets, and radial to curved streets.
c.
Each new lot must front upon an approved and accepted public street at least 50 feet in width except lots fronting on streets described in section 17-108e. A double frontage lot shall have access only to the street with the lower street classification.
d.
Where extra width has been dedicated for widening of existing streets,
lots shall begin at such extra width line, and all setbacks shall
be measured from such line.
e.
Each lot shall be graded in a manner to insure that all surface water
is redirected away from buildings and septic fields. Where there is
a question as to the suitability of a lot or lots for their intended
use due to factors such as rock formations, flood conditions, exceptional
topography, or other comparable physical circumstances, or if development
of such lot or lots will adversely affect the health, safety, morals
or welfare of the citizens of Hopewell Township, the planning board
may, after adequate investigation, withhold approval of such lots.
Wherever possible, the sideline of a lot shall be located opposite
any T-street intersection.
f.
Each subdivision shall have access from a road which is within the
township, without having to use a road which is within another municipality.
g.
Flag lots may be permitted in residential zones only so long as variance
relief from the bulk standards of the ordinance are requested and
granted in order to accommodate unique site conditions. The first
priority in designing developments shall be to provide lots with the
required minimum lot width and lot frontage. If flag lots are proposed,
the following minimum standards shall apply:
1.
The required frontage on an improved street may be reduced to not
less than 50 feet.
2.
The access strip shall have a width at all points of at least 50
feet.
3.
The body of the lot, exclusive of the access strip connecting it
to the public road, shall have an area of at least 20 acres in the
MRC District, 10 acres in the VRC District and five acres in all other
residential districts, except that where an area is served by public
sewer service and also meets the exception in paragraph 4(b) below
regarding the 50% set aside, no more than 10% of the total number
of lots may be flag lots whose size, exclusive of the access lane,
may be at least the minimum lot size for that district.
4.
The access strip shall be reasonably suited for construction and
use as a private access lane and shall meet the following conditions:
(a)
The access lane shall have proper visibility at its intersection
with the public street meeting the same standards as a local street
intersection.
(b)
No access lane shall abut another access lane, except that where
at least 50% of the tract being developed is set aside in wetlands,
wetland buffers, or other permanent open space (public and/or private),
no more than two access lanes may abut one another.
(c)
The grade of the access lane shall not exceed the grade permitted
for a secondary local street.
(d)
The access lane shall be designed and constructed with proper
drainage and soil erosion control.
5.
The proposed subdivision shall not adversely affect the development
of the remainder of the lot or adjoining properties. In the VRC and
MRC Districts, there shall be a 100-foot setback from the proposed
dwelling to any lot line, and a 200-foot setback from the proposed
dwelling to any existing residence.
6.
If a flag lot is proposed to be resubdivided so that more than one
lot or use must be served from the original access lane, the owner
of the access lane shall, at his expense, improve it to public street
specifications and provide assurances that there will be continued
access for all persons and uses being served by the access lane. Such
improvements and assurances shall be made prior to the approval of
the subdivision or site plan, or if no subdivision or site plan is
required, then prior to the issuance of a building permit for the
additional structure or use. This provision shall not apply to those
situations where two or more lots or uses may agree to use a single
access lane as a matter of choice and convenience, but this exception
shall apply only where each of those lot(s) or use(s) has its own
frontage on a public street that is capable of being improved for
proper access and could be used for access if each of the occupants
chose to improve its own access lane.
h.
Lots shall be designed to implement "low impact development" techniques
for stormwater management.
[Ord. #93-933; Ord. #94-978, § 3; Ord. 95-1009, §§ 1, 2; Ord. #96-1048;
Ord. #97-1061; Ord. #97-1084, § 2; Ord. #99-1155; Ord. #02-1268;
Ord. #07-1399 § 2]
a.
Purpose. The purposes of this section are to assure a variety of
opportunities to provide lower income housing without undue densities
of development in any one area, yet have sites related to foreseeable
utility services and highway access, as well as site specific advantages
of jobs, open space or other services to a particular site. These
provisions are geared toward providing for the township's fair share
of lower income units. It is intended that all future developments
of lands in the specified districts will be responsible for some portion
of the lower income housing obligation. No less than 20% of the units
proposed in a project, in these required districts shall be lower
income housing.
b.
Required Participation.
1.
The developer of any land in any R-6, R-5, R-100, or VRC Valley Resource
Conservation District, or any OP, RO-G, SI-OG, SC-G, HBO-G, or C-1-G
Nonresidential District shall have a responsibility to participate
in the production of lower income housing, except that improvements
to agricultural operations and the operations of extraction industries
such as farming shall be exempt.
3.
Subdivision and site plan approval on properties where the actual construction of lower income housing is required shall be denied unless the developer complies with the obligation to provide lower income housing pursuant to this section 17-92, and the approving authority may impose any reasonable conditions to secure such undertaking. At least 20% of the units in each development plan shall be sold or rented at prices qualifying the units as affordable for lower income households. This ratio may be higher than 20% in instances where the township's escrow fund is used to reduce development costs, or where land costs are either removed from or are reduced as part of the development costs, or where land developers participate in the installation of improvements. Each lower income unit produced within a development shall be limited to occupancy of households that qualify by virtue of their having corresponding low and moderate incomes. With the exception of inclusionary developments constructed pursuant to low income tax credit regulations, half the lower income units shall be low income and the other half moderate income. It is the intent of this section 17-92 that the low and moderate income housing units are to be integrated within the project. To the extent reasonably attainable, low and moderate income dwelling units shall not be located in a single cluster and shall be dispersed throughout the development unless a waiver is granted by the approving authority.
4.
Building permits and certificates of occupancy for the low and moderate
income units shall be phased-in as a development progresses so that
the low and moderate income units are built and occupied proportionately
with the market value units of the development. In order to accomplish
this, building permits may be issued for not more than 25% of the
market-level units before building permits for the lower income units
shall be required. Certificates of occupancy may be issued for not
more than 25% of the market-level units before certificates of occupancy
shall be required for the lower income units. Thereafter, the lower
income units shall be phased in on an accelerated basis as follows:
|
Min. % of Low/Moderate Units Completed
(Certificate of Occupancy)
|
Max. % of Market Units Completed
(Certified of Occupancy)
|
|---|---|
|
0
|
25
|
|
10
|
25 + 1 unit
|
|
50
|
50 + 1
|
|
75
|
75 + 1
|
|
100
|
90 + 1
|
5.
Growth Area. The manner in which a residential developer shall participate in the construction of low and moderate income housing shall be as set forth in the R-5, R-100, R-100-G and VRC districts, except that the obligation to construct lower income housing units shall apply only to those sites having enough land area, before subdivision, capable of producing 40 or more dwelling units. Other projects shall contribute money to the Lower Income Housing Fund. The low/moderate income housing participation required in the OP, RO-G, SI-G, SC-G, HBO-G, and C-1-G districts shall be as set forth in the applicable zoning districts and paragraph b6 below. In order to provide reasonable flexibility for minor subdivision activity, each tract may have not more than two lots subdivided off the original tract without the production of lower income housing provided the lower income housing obligation of those lots is met by the required payment to the Lower Income Housing Fund as set forth in Chapter 10, section 10-7c.
6.
In OP, RO-G, SI-G, SC-G, HBO-G, and C-1-G nonresidential developments, the options for participating in the production of lower income housing shall be to participate in the payment of fees as set forth in Chapter 10, Section 10-7c. In addition to those fees, a nonresidential developer may elect to increase the gross floor area of the development to no more than 10% above the permitted gross floor area provided that where any portion of all this bonus floor area is used, the developer does one or more of the following and provided the maximum permitted lot coverage for building and paved surfaces is not exceeded. The building heights may be increased to a maximum of 40 feet and not more than four stories in order to achieve additional square footage.
(a)
On tracts of 50 acres or more, dedication of at least five acres,
but a maximum of either 20 acres or 20% of the tract, whichever is
greater, to either the township or an entity responsible for residential
development. The dedication shall be at no cost and therefore land
costs shall not be a factor in the resulting production of housing
on that land. As part of the development of the nonresidential project,
if water and sewer services are not already available to the residential
portion being dedicated, the water and sewer service being developed
for the nonresidential project shall be extended to the residential
site. In exchange for the dedication of land and the provision of
water and sewer service, the nonresidential developer may take credit
for the land dedicated to housing when calculating the permitted amount
of gross floor area and the percentage of lot coverage allowed on
the nonresidential portion of the tract. However, this option may
not be used if the dedicated acreage, in the opinion of the approving
authority, is inappropriate for housing by virtue of such conditions
as, but not limited to, soil conditions, lot configuration, improper
access and/or insurmountable nuisances from the proposed nonresidential
use(s), or other nearby uses; or
(b)
Pay the cost per square foot of bonus floor area as set forth in Chapter 10, Fees and Permits, section 10-7c(4); or
(c)
In lieu of cash contributions outlined above, the developer
may contribute the installation of infrastructure to serve lower income
housing projects such as completed road access, site grading, curbs,
storm water systems, water and sewer service, and similar site work.
The value of the infrastructure shall be equal to the cash contribution
outlined in paragraph b6(b) above in exchange for which the gross
floor area and building height may be increased as set forth in paragraph
b6(b) above.
7.
In order to prevent the bonus residential densities and the additional
floor area in nonresidential districts from inflating land costs that
might be passed on to a third party and thereby jeopardizing the number
of lower income units that might be built when the intent of the bonuses
is to subsidize the development of lower income housing, no application
providing for increased intensities of development shall be approved
unless the approving authority resolution granting approval contains
a condition that the requirements for low and/or moderate income housing
units shall be binding upon the applicant and all heirs, successors
and assigns and such condition is included as a notice in the deed(s)
and property(ies).
8.
All nonresidential developers, except houses of worship, shall pay
one or more of the following fees to the Lower Income Housing Fund
as set forth below.
c.
Monitoring Costs of Lower Income Housing.
1.
Each development project containing lower income housing shall include in its application, assurances that purchasers and renters of lower income housing shall be required to qualify by income for the low or moderate income dwelling unit they intend to occupy and that subsequent purchasers or renters shall also qualify by income, adjusted for the date of the subsequent transaction, in accordance with Article XIII of this chapter.
2.
The period of affordability for controlling the qualifying income of purchasers and renters, and for controlling subsequent sales prices and rent levels of a unit, shall be 30 years from the date of the initial certificate of occupancy for the unit, except that said period shall be 40 years for non-profit and limited-profit housing developments approved in accordance with section 17-159c1.
d.
Bulk and Design Requirements. The total number of units of any kind
allowed in a housing development containing lower income housing units
will depend on the gross density as noted in paragraph e below. The
design of housing within that portion of the tract devoted to housing
shall be as follows:
1.
Rental Units. Each applicant shall provide data on the current status
of the Township's Affordable Housing Program and the percentage of
low and moderate income units that are, or have approval to be, occupied
by renters. To the extent the rental units that are occupied, under
construction, or have final plat approval compared with the minimum
requirement for rental units established by the New Jersey Council
on Affordable Housing, requests for rental units may either be denied
(in whole or in part), or inclusionary developments proposing sales
units may be required to provide rental units (in whole or in part).
2.
Bedroom Distribution.
|
Minimum
|
Maximum
| |
|---|---|---|
|
Efficiency and 1-bedroom units combined
|
10%
|
20%
|
|
2-bedroom units
|
30%
|
N/A
|
|
3-bedroom units
|
20%
|
N/A
|
|
NOTE 1: With the exception of inclusionary developments constructed
pursuant to low income tax credit regulations, at least one-third
of all units in each bedroom distribution shall be affordable to low
income households.
|
|
NOTE 2: The number of people in a household and the unit size
they may occupy shall be as follows:
|
|
Efficiency unit - 1 person only.
|
|
1-bedroom-half the units for one person; half for 2 people.
|
|
2-bedroom-half the units for 2 people; half for 3 people.
|
|
3-bedroom-half the units for 4 people; half for 5 people.
|
3.
The design of housing within that portion of the tract devoted to
housing shall be as follows. All development designed in accordance
with the following standards shall require public water and public
sanitary sewer services.
|
Standard
|
Atrium Patio, Townhouses, Duplexes & Quadplexes
|
Garden Apts.
|
Detached Single Family
|
Detached Single Family Age 55+ Per Note 7
|
Non-Profit & Limited Profit Low/Moderate Income Housing Per Section 17-159c1
| |
|---|---|---|---|---|---|---|
|
Age 62+
|
All Other
| |||||
|
Min. Lot Size
| ||||||
|
Overall Tract
|
(See Note 1)
|
5 ac.
|
5 ac.
| |||
|
Individual Units
|
(See Note 1)
|
n.a.
|
7,000 square feet
|
6,600 square feet
|
(See Note 1)
| |
|
Min. Lot Width/Unit
|
(See Note 1)
|
n.a.
|
70 feet6
|
60 feet
|
(See Note 1)
| |
|
Min. Lot Depth/Unit
|
(See Note 1)
|
n.a.
|
100 feet
|
110 feet
|
(See Note 1)
| |
|
Min. Track Width/Depth
|
200 feet
|
400 feet
|
n.a.
|
n.a.
|
400 feet
|
400 feet
|
|
Min. Perimeter Setback of Buildings
|
50 feet2
|
85 feet
|
n.a.
|
n.a.
|
50 feet2
|
100 feet2
|
|
Min. Front Yard
|
20 feet2
|
20 feet
|
30 feet
|
Note 7
|
50 feet2
|
100 feet2
|
|
Min. Side Yard
|
20 feet2,3
|
20 feet
|
10 feet6
|
Note 7
|
50 feet2,3
|
100 feet2,3
|
|
Min. Rear Yard
|
25 feet2
|
25 feet
|
25 feet
|
20 feet
|
50 feet2
|
100 feet2
|
|
Max. Bldg. Height
|
35 feet4 and 2-sty.
|
35 feet4 and 3-sty.
|
35 feet4
|
35 feet4
|
40 feet4
|
35 feet5
|
|
Max. Lot Coverage
|
30%5
|
22%5
|
35%
|
Note 7
|
35%5
|
35%5
|
|
Min. Off-Street Parking
|
2/unit
|
2/unit
|
2/unit
|
2/unit
|
0.5/unit
|
See section 17-95
|
|
NOTE 1: Townhouses, atrium and patio units: Minimum lot width
20 feet. Duplex units: Minimums at 80 feet by 100 feet equals 8,000
square feet/duplex; where the overall lot may be subdivided, the minimum
lot width for one of the units shall be 30 feet. Quadplex: Minimums
at 100 feet by 150 feet equals 15,000 square feet/quadplex; where
the overall lot may be subdivided so each dwelling unit is on a separate
lot, the minimum lot width for any unit shall be 20 feet.
|
|
NOTE 2: The minimum setback from any interior parking lot shall
be 15 feet.
|
|
NOTE 3: For townhouses, the side yards for attached units is
zero feet.
|
|
NOTE 4: Any development located in an airport hazard zone shall be limited to such lower height as required in an airport hazard area. The maximum height allowed shall be dependent on the distance of the structure or tree from the side or the end of the runway and shall be limited in height as defined in section 17-159d8.
|
|
NOTE 5: The maximum lot coverage is for the entire townhouse
and apartment complex.
|
|
NOTE 6: Lot size averaging shall be permitted for detached single
family lots. The average lot width and lot frontage throughout the
tract shall be at least 70 feet, but the minimum lot width and frontage
shall be 50 feet. No more than half the number of lots in the development
may be less than 70 feet in width and/or frontage. No lot shall be
less than 7,000 square feet in area in any event. Developments may
offset homes to one side of the lot provided the minimum distance
between principal buildings on adjacent lots remains at least 20 feet.
Where a principal building is offset to one side of the lot, the minimum
side yard on the side shall be one foot provided: (a) the adjacent
lot provides an access easement for access to the offset home for
maintenance and repair. This easement shall encroach on the adjacent
lot such distance as is necessary to assure a distance of 12 feet
from the walls and corners of the offset home; (b) the easement shall
prohibit structures and plantings whose location and height would
impede access to either the easement or the adjacent home; and (c)
the opposite side yard of the offset home is increased to at least
19 feet.
|
|
NOTE 7: Developments for age-restricted single family home lots
shall be required to contain at least 100 dwelling units and to impose
a deed restriction limiting occupancy to at least one person being
55 years of age or older and prohibiting children under the age of
19. The zoning requirements shall include a front yard setback that
shall be greater of either 20 feet from the street right-of-way or
23 feet from the nearest sidewalk, or, if there is no sidewalk, from
the curb. The side yard shall provide a minimum distance between principal
buildings on adjacent lots of at least 18 feet, except that where
the principal buildings on a lot is off-set to one side creating a
minimum side yard less than 10 feet, but in any event not less than
five feet, there shall be an access easement on the adjacent lot unobstructed
by plantings, fences, and other structures or impediments so that
the offset home has an unobstructed distance of at least 12 feet from
the walls and corners of the offset home. Individual lots may have
a maximum lot coverage of 50% provided the total maximum coverage
within the area of the entire development does not exceed 35%.
|
e.
Maximum Gross Density and Density Bonuses. In order to achieve the
development of lower income housing, density bonuses are provided
in those districts designated with the suffix "G." Said bonus densities
shall be applicable for the sole purpose of providing opportunities
to construct, rehabilitate or otherwise provide for lower income housing.
The base density in a given district has had additional density added
so as to bring the density in each district up to the maximum number
of dwelling units/acre of all types as noted below:
|
Zoning District
|
Max. Density
(Units/Acre)
|
|---|---|
|
R-5
|
5 units/acre1
|
|
R-100-G
|
See section 17-159
|
|
VRC
|
See section 17-160
|
|
C-1-G
|
See section 17-161
|
|
SC-G
|
See section 17-162
|
|
HBO-G
|
See section 17-163
|
|
SI-G
|
See section 17-165
|
|
OP
|
See section 17-166
|
|
RO-G
|
See section 17-168
|
|
NOTE 1: See section 17-159d1 for government sponsored and subsidized projects.
|
|
NOTE 2: Notwithstanding the maximum density (units/acre), maximum
floor area ratio, and other design controls set forth above, the maximum
intensity of development permitted on those lots not connected to
public sewage collection and public sewage treatment systems and/or
not located in a designated sewer service area as shown on the Hopewell
Township Wastewater Management Plan shall be the smaller of either
the maximum development permitted by ordinance or the amount of development
which would generate a design influent sewage flow of less than 2,000
gallons per day, as determined in accordance with the prevailing design
standards and policies of the New Jersey Department of Environmental
Protection.
|
f.
Design Density. (The density of units on that portion of the tract
devoted to the housing type noted. The maximum "gross density" for
the entire tract shall be as set forth in paragraph e above.)
|
Detached Single Family
|
5.0/acre
|
|
Townhouses
|
10.0/acre
|
|
Duplexes
|
10.0/acre
|
|
Quadplexes
|
12.0/acre
|
|
Garden Apts.
|
15.0/acre
|
g.
Certificate of Occupancy. (See paragraph c above.)
h.
Waivers for Lower Income Housing. The approving authority, when acting
upon an application which includes provisions for lower income housing,
may waive those portions of the following standards if they do not
create health and safety concerns for either the township or the future
residents of a development, and provided the waiver(s) reduce construction
costs, the savings therefrom to be passed on to buyers and renters
of the lower income housing in the form of reduced housing costs,
otherwise the standard requirements for the following shall apply.
2.
Piped storm water systems may be waived with swales substituted,
except piped storm drain systems may still be required in situations
where swales are likely to increase erosion control problems and in
those portions of a development where design densities are greater
than five units per acre. If used, swales shall have a bottom elevation
that will allow any water under the roadway or parking lot to seep
out and drain away, have side slopes no steeper than three horizontal
to one vertical, have a flat four-foot wide bottom, be planted to
stabilize the soils along the sides and bottom according to the soil
types, have capacity for the computed runoff, be sloped to handle
the rate of runoff while not eroding the soil, and allow a design
flow of at least 0.5 foot per second, but not more than two feet per
second. Street and/or driveway intersections shall be crowned to assure
positive drainage into the swales. Where pipes are installed at street/driveway
crossings or other required locations, the pipes shall be continuations
of the swales.
3.
Street and other lighting shall be designed for locations best meeting overall public safety considerations considering intersections, public parking areas, walkways, and the intensity of development. Where installed, lighting shall meet the requirements and/or objectives of section 17-90.
4.
Off-street parking designs may have waivers of some, but not all
landscaping requirements, and may not be required to install curbing
around all parking lots. Curbing will be required, however, where
drainage control is needed and where erosion potential cannot adequately
be addressed by alternate methods.
5.
Shade tree plantings and landscaping may be reduced, but not eliminated, as called for in section 17-89.
6.
Sidewalks shall be installed in locations determined by the approving authority to be in the interest of public safety and proper pedestrian circulation. Sidewalks need not follow all streets and in some instances may be better to follow open space corridors. The determination of whether sidewalks are needed and where they are best located shall be based on public safety considering the intensity of development, the probable volume of pedestrian traffic, the adjoining street classification where sidewalks parallel streets, access to school bus stops, recreation areas, and the general type of improvement intended. If required, sidewalks shall meet the requirements of section 17-104.
7.
Local street paving widths may be reduced to less than 30 feet (but not less than 26 feet) provided such reductions are done only in conjunction with nearby, expanded off-street parking spaces. Within each right-of-way, paving widths may vary depending on the number of units served, whether a street is curbed, and whether on-street parking is permitted. The options for paving widths shall be as set forth in section 17-108 and shall be a determination of the approving authority.
8.
The township shall provide expeditious treatment for applications
containing lower income housing units.
[Ord. No. 05-1352]
In reviewing subdivisions, the planning board shall encourage the use of cluster designs and planned developments (sections 17-79 and 17-98) to enable greater variety and flexibility in lot designs, promote groundwater recharge and water quality, promote economy, protect environmental factors and increase the availability of open space, without increasing overall population density or intensity of land use.
The planning board shall not approve any cluster design or planned development unless it complies with the provisions of sections 17-79 and 17-98 and serves one or more of the purposes indicated above and is consistent with the provisions for public facilities, open space and other pertinent elements of the master plan. The planning board shall determine the number of lots which could actually be approved in a conventional subdivision for the site, and shall not permit more than that number of lots under this section.
The subdivision or site plan shall include assurances that Chapter 11, Building and Housing, of the Revised General Ordinances of the Township of Hopewell (1978) will be complied with.
[Ord. 96-1048, § 1;
Ord. #05-1352]
a.
Developments shall provide for safe and efficient vehicular and pedestrian
circulation, parking and loading, and shall meet the following specific
standards and requirements. No required parking facilities, loading
areas or passageways shall be located within the required front, side
or rear setback lines of any lot located within a residential district,
except as otherwise provided by this chapter.
b.
Parking facilities, loading areas or passageways in industrial or commercial districts may be located within any of the required yard areas, provided that none of the same are within 25 feet of the street line nor within five feet of adjacent property lines. In the event that any subject property abuts a residential district, no such parking facilities, loading areas, or passageways shall be located within 25 feet of the district boundary and sufficient landscape screening, as described in section 17-89 shall be installed to preclude the transmission of headlight glare across such district boundary.
c.
No loading area or service facility for the handling of freight may
face any street frontage nor be located on the side of the subject
property which abuts a residential district, without an approved landscape
or topographical buffer.
d.
Off-street parking spaces shall be either nine or 10 feet wide,1 except spaces serving retail uses shall be a minimum
of 10 feet wide. Parking spaces shall be a minimum of 20 feet in length1 in accordance with the following schedule. In parking
lots containing more than 10 spaces, a minimum of one space shall
be a minimum of 12 feet wide; and for parking lots with more than
50 spaces, 1% of all spaces, but not less than two spaces nor more
than 10 spaces, shall be 12 feet wide. These wider spaces shall be
located in areas conveniently related to major entrances and designated
as parking for the handicapped. They shall be located so that access
does not require wheeling or walking behind parked cars.
|
Angle of Parking Space
|
Spaces 9 Feet Wide
|
Aisle Widths for Parking Spaces 10 Feet Wide
| ||
|---|---|---|---|---|
|
One-Way Aisle
|
Two-Way Aisle
|
One-Way Aisle
|
Two-Way Aisle
| |
|
90°
|
25 feet
|
25 feet
|
24 feet
|
24 feet
|
|
60°
|
20 feet
|
22 feet
|
18 feet
|
20 feet
|
|
45°
|
18 feet
|
20 feet
|
15 feet
|
18 feet
|
|
30°
|
15 feet
|
18 feet
|
12 feet
|
18 feet
|
|
Parallel
|
12 feet
|
18 feet
|
12 feet
|
18 feet
|
|
*In an effort to reduce paving costs and reduce the amount of
paving to assist in storm water runoff control, the planning board
may approve parking plans associated with nonresidential uses where
specially designated and separate parking areas may be set aside for
"compact car" parking areas provided such spaces shall be limited
to employee parking and each area for "compact cars" shall have at
least 30 spaces. The "compact car" spaces shall be 8 1/2 feet
by 16 feet with aisles reduced to 90% of the dimensions shown above.
The number of parking spaces which may be approved for "compact cars"
shall be a determination of the planning board based upon documentation
by the applicant and any data submitted by others.
|
e.
Off-street loading spaces shall have 15 feet of vertical clearance
and be designed in accordance with the following schedule:
|
Loading Space
|
Apron/Aisle Length
| ||
|---|---|---|---|
|
Length
|
Width
|
90°
|
60°
|
|
60 feet
|
10 feet
|
72 feet
|
66 feet
|
|
60 feet
|
12 feet
|
63 feet
|
57 feet
|
|
60 feet
|
14 feet
|
60 feet
|
54 feet
|
f.
All parking facilities and all loading areas which either singly,
or in combination, provide for more than six parking or loading spaces
shall be so located and screened that they cannot be seen from any
location within a residential district other than the lot upon which
such facilities are situate and all loading areas shall be considered
as one unless separated by more than 100 feet.
g.
All parking facilities and loading areas, which, either singly or in combination, contain more than 9,000 square feet shall have curbed, landscaped islands located within the perimeters of the surfaced area except as waived in lower income housing developments as permitted in section 17-92. Where stormwater management strategies requiring the provision of other equivalent methods of controlling drainage and defining the edge of paving, protecting the edge of paving from chipping, and preventing vehicles from encroaching on parking/loading areas can be demonstrated to the satisfaction of the planning board with the advice of its engineer, curbing may be waived in whole or in part.
h.
Except as may be waived and modified in lower income housing developments under section 17-92, off-street parking areas containing 10 or more spaces and all off-street loading areas shall have concrete or Belgium block curbing around the perimeter of the parking and loading areas and along major interior driveways, with appropriate ramps for wheelchairs and bicycles. Where stormwater management strategies require the provision of other equivalent methods of controlling drainage and defining the edge of paving, protecting the edge of paving from chipping, and preventing vehicles from encroaching on nonparking/loading areas can be demonstrated to the satisfaction of the planning board with the advice of its engineer, curbing may be waived in whole or in part. Concrete wheel blocks shall be installed where necessary to protect adjoining walls, trees, shrubs, sidewalks and other facilities.
i.
Appropriate areas for pick-up of trash and garbage shall be provided,
separate from and in addition to loading areas. If outside a building,
suitable enclosed containers shall be provided which shall be screened
at all times from view from parking areas, streets and adjacent resident
areas or uses.
j.
Minimum Off-Street Parking and Loading Requirements. The minimum
number of off-street parking spaces including required spaces for
the handicapped, and the minimum number of off-street loading spaces
depends on the particular use of the parcel.
The following minimum requirements shall be met: in the case
of uses not listed, the amount of parking and loading spaces shall
be determined by the planning board on the basis of similar uses and
the anticipated actual requirements for the particular use. Sufficient
off-street parking facilities shall be provided to preclude on-street
parking of any vehicles of employees or customers or visitors of any
nonresidential structure, and to preclude on-street parking of any
vehicles of residents of residential buildings.
Where either a proposed building or the proposed use of a tract consists of more than one use, each use with different parking requirements, or where the building design is such that it could be converted to a use requiring a higher parking ratio, the site plan shall either: (a) show an off-street parking design with a sufficient number of parking spaces to accommodate the use requiring the most number of spaces; or (b) include as a deed restriction a requirement that either the owner-occupied or tenant-occupied space, together with the type uses and the proportion of uses within either a building or on the lot, shall not change from the uses and layout approved on the site plan unless a revised site plan is submitted and approved (see also section 17-15 regarding certificates of occupancy). Where the developer proposes to construct less parking than would be required for the use requiring the most parking spaces, the plan shall show where any additional spaces can be located in the event additional parking is needed. In the event the use changes and additional parking is required, or observation by the township engineer reveals additional parking is required, the township may require the owner to construct some or all of the additional parking in accordance with the approved plan. The plan and the deed to the property shall indicate that the township may require the expanded parking under either of these circumstances.
|
Use
|
Minimum Off-Street Parking Spaces6
|
Minimum Off-Street Loading
| ||
|---|---|---|---|---|
|
Min. No. Spaces
|
Gross Floor Area/(GFA) in Square Feet
| |||
|
At which 1st Berth Req'd
|
No. Add'l Square Feet for Each Add'l Berth
| |||
|
Agricultural uses
|
None required
|
0
|
—
|
—
|
|
Assembly Plant
|
1 space/800 square feet GFA (See footnote 4)
|
1
|
5,000
|
40,000
|
|
Bowling Alley
|
2 spaces/lane or alley
|
1
|
10,000
|
100,000
|
|
Car Dealer (new)
|
1 space/300 square feet show room area and sales office
|
1
|
10,000
|
40,000
|
|
Car Wash
|
10 spaces/washing land
|
1
|
—
|
—
|
|
Cemetery
|
None required
|
1
|
—
|
—
|
|
Child Care (6+ children)
|
The larger of either 3 spaces/teacher, or 0.25 space/student
based on the State's approved capacity, whichever is greater
|
4
|
No add'l spaces required
| |
|
Church
|
1 space/5 seats
|
0
|
—
|
—
|
|
Day Care
|
Same as Child Care
| |||
|
Dwellings
|
2 spaces for each detached single family dwelling. Single family
dwellings with front yards of less than 40 feet shall have double
width driveways at least 18 feet wide for at least a length of 30
feet measured from that end of the driveway closest to the dwelling.
For apartment and townhouse developments, the minimum off-street parking
shall be based on 1.5 spaces per 1-bedroom unit, 1.75 spaces per 1-bedroom
unit with a den and all 2-bedroom units, and 2.0 spaces per 3-bedroom
unit. (See footnote 5)
|
0
|
—
|
—
|
|
Fabrication
|
1 space/800 square feet GFA (See footnote 4)
|
1
|
5,000
|
40,000
|
|
Family Day Care Home
|
Same as "Dwelling"
|
2
|
No add'l spaces required
| |
|
Fast Food Restaurant
|
1 space/3 seats plus 1 space/40 square feet GFA excluding the
seating area
|
0
|
—
|
—
|
|
Farm Stand or Farm Market
|
Min. 6 spaces
|
1
|
10,000
|
N.A.
|
|
Fiduciary Inst.
|
1 space/250 square feet GFA
|
0
|
10,000
|
100,000
|
|
Financial Inst.
|
1 space/250 square feet GFA
|
0
|
10,000
|
100,000
|
|
Golf Course
|
4 spaces/green
|
1
|
—
|
—
|
|
Golf Driving Range
|
1.2 spaces/tee
|
0
|
—
|
—
|
|
Gymnasium
|
1 space/6 seats in auditorium or 1 space/1,000 square feet whichever
is greater
|
0
|
—
|
—
|
|
Home Occupation
|
Min. 3 spaces (See footnote 1)
|
0
|
—
|
—
|
|
Hospital
|
1.5 spaces/bed
|
1
|
10,000
|
100,000
|
|
Library
|
1 space/300 square feet GFA
|
0
|
10,000
|
100,000
|
|
Lumber and Contractor Yard
|
1 space/5,000 square feet storage area and 1,250 square feet
retail GFA
|
1
|
10,000
|
30,000
|
|
Manufacturing
|
1 space/800 square feet GFA (See footnote 4)
|
1
|
5,000
|
40,000
|
|
Medical Clinic
|
Min. 10; 1 space/150 square feet GFA (See footnote 4)
|
1
|
10,000
|
40,000
|
|
Mortuary
|
Min. 25; 15 spaces/viewing room and chapel
|
0
|
—
|
—
|
|
Motel
|
1.1 space/unit
|
1
|
10,000
|
100,000
|
|
Night Club
|
1 space/4 seats
|
1
|
10,000
|
25,000
|
|
Nursery
|
Min. 10; 3 spaces/1,000 square feet GFA + space/1,000 square
feet outside display area
|
1
|
—
|
—
|
|
Nursery School
|
Same as Child Care
| |||
|
Office Building/Office
|
1 space/250 square feet GFA (See footnote 4)
|
1
|
10,000
|
100,000
|
|
Park
|
None Required
|
0
|
—
|
—
|
|
Parish House
|
2 spaces
|
0
|
—
|
—
|
|
Playground
|
None Required
|
0
|
—
|
—
|
|
Professional Offices
|
1 space/250 square feet GFA
|
0
|
10,000
|
40,000
|
|
Pro Shop
|
1 space/300 square feet GFA
|
1
|
10,000
|
—
|
|
Research/Design/Development/Experimental
|
1 space/800 square feet GFA (See footnote 4)
|
1
|
5,000
|
40,000
|
|
Restaurant (See also Fast Food Restaurant)
|
1 space/3 seats
|
1
|
10,000
|
25,000
|
|
Retail Sales
|
1 space/150 square feet GFA (2)
|
1
|
10,000
|
20,000
|
|
Schools
|
(See footnote 3)
|
1
|
—
|
—
|
|
Senior Citizens
|
1 space/3 units
|
0
|
(Per site plan review)
| |
|
Service Station
|
4 spaces/bay and work area
|
0
|
—
|
—
|
|
Shopping Center
| ||||
|
Up to 705,880 square feet GFA
|
4.5 spaces/1,000 square feet GFA
|
1
|
10,000
|
40,000
|
|
705,880 square feet or more
|
5.0 spaces/1,000 square feet GFA
| |||
|
Sunday School
|
None Required
|
0
|
—
|
—
|
|
Swimming Pool (Community)
|
1 space/15 square feet water surface
|
0
|
—
|
—
|
|
Tennis Courts
|
3 spaces/courts
|
0
|
—
|
—
|
|
Theater
|
1 space/4 seats and sales office
|
1
|
10,000
|
40,000
|
|
Utility
|
Min. 10; add'l per site plan review of use
|
0
|
—
|
—
|
|
Veterinary Hospital
|
6 spaces/doctor
|
1
|
—
|
—
|
|
Warehouse
|
1 space/5,000 square feet GFA
|
1
|
5,000
|
40,000
|
|
FOOTNOTES pertaining to minimum off-street parking and
loading schedule on immediately preceding pages
|
|---|
|
GFA = GROSS FLOOR AREA
|
|
Note 1. For physicians and dentists, a minimum of 6 spaces,
but not less than 3 spaces per examination room or dental chair, or
1 space/150 square feet GFA, whichever is larger
|
|
Note 2. Where 5 or more stores are on 1 tract with common parking
and access facilities, the parking may be computed at 5.5 spaces/1,000
square feet GFA. In addition, a maximum of 20% of the GFA can be office
use without additional parking for the office use except a medical
clinic shall be excluded from this exemption. Office use above 20%
shall require parking at the appropriate office rate
|
|
Note 3. School:
|
|
Elementary: 1.2 spaces/classroom; minimum 1/teacher
and staff
|
|
Secondary: 2.0 spaces/classroom; minimum 2/teacher
and staff
|
|
Note 4. Where a use is on a tract of 100 or more acres with
the parking and loading spaces located at least 300 feet from a public
street, the planning board may waive or reduce the minimum requirements
if it determines that adequate parking/loading is being provided and
that feasible expansion of the parking/loading areas is shown on the
plat in the event additional facilities are needed
|
|
Note 5. Where apartments or townhouses have assigned parking
spaces per unit, e.g. garages, driveways to each unit, or some other
design that restricts or tends to restrict parking spaces to particular
units, an additional 0.5 space per dwelling unit shall be required
in unassigned spaces to serve visitors. Such unassigned spaces shall
be dispersed throughout the project in convenient locations in groups
of 5 or more spaces.
|
|
Note 6. In parking lots containing more than 10 spaces at least
1 space shall be designated for handicapped persons, and in parking
lots containing more than 100 spaces, 1% of the spaces (but not more
than a total of 10) shall be designated for handicapped persons. The
spaces designated for handicapped persons shall be located as near
as practical to an appropriate entrance to the facility.
|
k.
Drainage. All parking and loading areas shall have drainage facilities installed in accordance with good engineering practice and in accordance with the "drainage" provisions of section 17-82. The design of all drainage for parking facilities shall address water quality, flooding and groundwater recharge and shall incorporate the use of nonstructural stormwater management strategies to the maximum extent practicable. All parking and loading areas shall be designed to minimize impervious surfaces by use of permeable materials where appropriate, and use of multi-level parking where appropriate. Where sub-base conditions are wet, springy, or of such nature that surfacing would be inadvisable without first treating the sub-base, these areas shall be excavated to a depth of at least 12 inches below the proposed sub-grade and filled with a suitable sub-base material. Where required, a system of porous concrete pipe, sub-surface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the sub-base material has been properly placed and compacted, the parking area surfacing material shall be applied.
l.
All required driveways, passageways, off-street parking facilities
and loading areas shall be located on the same lot as the structure
or use which they are designed to serve and shall be readily accessible
thereto. Except as otherwise provided by this chapter, where more
than one use exists on the same lot, the total passageways, parking
facilities, loading areas and the capacity of the driveways shall
be the sum of the requirements for each individual use.
m.
All driveways, passageways, off-street parking facilities and loading
areas shall be so designed, constructed and maintained as to permit
free access and allow vehicles to enter, to leave and to turn within
such places in a safe and orderly manner and without disrupting or
causing hazard to the flow of traffic in any public right-of-way.
No such driveway, passageways, off-street parking facilities or loading
areas shall be encroached upon, reduced in any manner, or devoted
to any other use.
n.
In any case where special conditions exist respecting the proposed
use of a particular lot or contiguous lots, the immediate development
of all driveways, passageways, parking facilities and loading zones
will not be required if the applicant demonstrates:
1.
That appropriate areas are reserved for the possible future construction
of all such facilities;
2.
That the required number of parking facilities or loading areas would
be greatly in excess of any immediate or reasonably to be anticipated
need therefor;
3.
That the probable time of maximum use of such parking facilities
or loading areas will be such as to make the sharing of such facilities
feasible;
4.
That the location and capacity of both future and proposed passageways,
parking facilities and loading areas is such that the joint use of
driveways will not disrupt or cause hazard to the flow of traffic
at or neat their entrance onto a public right-of-way; and
5.
Such joint use as is proposed is protected by recorded easements.
o.
In general, except for lots containing one-family houses, all driveways,
parking and loading areas and other off-street traffic facilities
shall be paved. Areas likely to experience relatively heavy use shall
be paved with at least four inches of compacted base course of plant-mixed
bituminous stabilized base course constructed in layers not more than
two inches compacted thickness, or equivalent, and a minimum two-inch
thick compacted wearing surface of bituminous concrete (FABC), or
equivalent. All construction shall comply with the Standard Specifications
of the New Jersey Department of Transportation.
[Ord. #05-1352]
As a condition of final subdivision or site plan approval, the
planning board shall require an applicant to pay his pro rata share
of the cost of providing reasonable and necessary street improvements
and water, sewerage and drainage facilities, and easements and rights-of-way
therefor, located outside the property limits of the development but
necessitated or required by construction or improvements within such
development. The off-tract improvements for which the applicant must
contribute shall be based on the circulation plan and the utility
service plan elements of the master plan and/or other major development
proposals/applications having significant impact at the point of consideration.
a.
Improvements to be Constructed at the Sole Expense of the Developer.
In cases where the reasonable and necessary need for an off-tract
improvement or improvements is necessitated or required by the proposed
development application and where no other property owners receive
a benefit thereby, the applicant may be required, as a condition of
approval, at the applicant's sole expense, to provide for and construct
such improvements as if such were an on-tract improvement in the manner
provided hereafter and otherwise provided by law, including performance
and maintenance guarantees.
b.
Other Improvements. In cases where the need for any off-tract improvement
is necessitated by the proposed development application and where
it is determined that properties outside of the development will also
benefit by the improvement, then the applicant shall pay his proportionate
or pro rata share of the costs of such improvements. The planning
board shall be guided by the following factors in determining such
share:
1.
Streets: Including street widening, alignment, corrections, channelization
of intersections, construction of barriers, new or improved traffic
signalization, signs, curbs and gutters, sidewalks, trees, streets
lights, and related drainage and utility improvements not covered
elsewhere, the construction of new streets and other similar street
or traffic improvements: The applicant's proportionate cost factor
shall be the ratio of the estimated future peak-hour traffic generated
by the proposed development to the total estimated future peak-hour
traffic on the route or at the location under consideration. The product
of this ratio times the sum of the design, acquisition, legal and
construction costs shall be the applicant's pro rata share for the
improvement. 10% of the total cost shall be added thereto and paid
to the township to help defray legal, engineering and other professional
review and administrative costs. For design purposes a level of service
"B" shall be used for estimating future peak hour traffic.
2.
Water Distribution Facilities: As required by the franchised water
supplier plus 10% to help defray legal, engineering and other professional
review and administrative costs.
3.
Stormwater and Drainage Improvements: Including the installation,
relocation or replacement of storm sewers, culverts, bridges, catch
basins, detention and retention ponds and the installation, relocation
or replacement of other appurtenances associated therewith: The applicant's
proportionate cost factor shall be the ratio of the estimated peak
surface runoff as generated by the development to the total estimated
future peak surface runoff from the watershed as measured in cubic
feet per second at the location under consideration. The product of
this ratio times the sum of the design, acquisition, legal and construction
cost shall be the applicant's pro rata share for the improvement.
10% of the total cost shall be added thereto and paid to the township
to help defray legal, engineering and other professional review and
administrative costs. Peak flow shall be determined in accordance
with the drainage design standards of the Land Use and Development
Ordinance with the total watershed area being the design drainage
area.
4.
Sanitary Sewer Facilities: As required by the relevant franchised
sewer company, municipal authority, or government operating the sewer
system, plus 10% to help defray legal, engineering and other professional
review and administrative costs.
c.
Performance Guarantee and Developers Agreement. In instances where
the developer is to construct improvements set forth under paragraphs
a and b above, the developer shall post with the township a performance
guarantee in an amount equal to 120% of the estimated cost of the
improvement and enter into a developer's agreement with the township
committee concerning said improvements.
d.
Cash Payment. Instances where the township is to construct said improvements
set forth under paragraphs a and b above, the developer shall post
cash as calculated under paragraphs a and b above, with the township
prior to signature of final plans.
Where a developer pays the amount determined as his pro rata
share under protest, he shall institute legal action within one year
of such payment in order to preserve the right to a judicial determination
as to fairness and reasonableness of such amount.
a.
Electricity. Electronic equipment shall not interfere with any radio
or television reception beyond the operator's property.
b.
Glare. No use shall direct or reflect a steady or flashing light beyond its lot lines. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered, and directed as approved on the site plan so that any glare, direct light, flashes, or reflection will not interfere with the normal use of nearby properties, dwelling units and streets. Also see section entitled "Lighting", section 17-90.
c.
Air, Water and Environmental Pollution. No use shall emit heat, odor,
smoke, radiation, vibrations, noise, or any other pollutant into the
ground, water, or air that exceeds the most stringent, applicable
State and Federal regulation. No building permit, zoning permit or
certificate of occupancy shall be issued for any use where a State
permit is required until the State has ascertained and approved the
level of emission, quality of emission, type and quality of emission
control, and level of monitoring to be conducted by the State, and
such other State regulations governing the emission of pollutants
into the ground, water, or air.
d.
Storage and Waste Disposal. Except for agricultural operations, no
materials or wastes shall be deposited upon a lot in such form or
manner that they can be transferred off the lot, directly or indirectly,
by natural forces such as precipitation, surface water, evaporation
or wind. All materials or wastes which might create a pollutant, be
a safety hazard, or be a health hazard shall be stored indoors and/or
be in closed containers to eliminate such pollutant or hazard. No
flammable or explosive substance shall be stored on a property except
under conditions approved by the construction official.
[Ord. #05-1352]
Any project proposed as a general development plan, or under
a cluster design, or as an industrial or office park, or as a research/office
use, or a planned unit residential development, or residential projects
using the density bonus provisions of this chapter shall follow the
appropriate zoning criteria of this chapter and the applicable subdivision
and site plan criteria. To the extent that other subdivision and site
plan criteria of this chapter conflict with the provisions for a general
development plan, the general development plan provisions shall prevail.
Prior to approval of any planned development, the planning board shall
find the following:
a.
The planned development provisions shall supersede any conflicting
portions of this chapter to the extent of such inconsistencies.
b.
Proposals for maintenance and conservation of any common open space shall be provided and, if proposed to be handled by a private agency, shall be established in accordance with the "homeowners' association" provisions of section 17-88. Also, the amount, location, and purpose of the common open space shall be adequate for the use intended.
c.
The physical design of the proposed development in relation to public
facilities and services, safe and convenient vehicular and pedestrian
traffic circulation, the amenities of light and air, recreation and
open space uses, and an overall design sensitive to contours, wetlands,
flood hazard areas, and similar natural features shall be prepared
so as to comply with appropriate portions of this chapter and the
master plan. Any planned development shall be designed to address
water quality, flooding and groundwater recharge and shall incorporate
the use of nonstructural stormwater management strategies to the maximum
extent practicable.
d.
The development will not have an unreasonably adverse effect, as
defined herein, upon that portion of the township in which it is proposed
to be located.
e.
In the case of a proposed development which contemplates construction
over a period of years, the terms and conditions of approval shall
be sufficient to protect the interests of the general public, including
the residents, occupants, and owners of the proposed development.
No lot shall have erected upon it more than one principal permitted
use except as hereinafter provided. No more than one principal building
shall be permitted on one lot except that a shopping center, apartment
or townhouse complex, condominium project and industrial complex,
all receiving site plan approval or on a farm as hereinafter set forth,
may be permitted to have more than one building on a lot in accordance
with the standards of the zoning district in which it is located and
with all buildings sited to comply with all yard definitions and the
definition of "industrial or office park." Notwithstanding the above,
a second principal building may be constructed on a farm in excess
of 25 acres if the property can thereafter be subdivided in accordance
with both the subdivision and zoning ordinances in the event of the
transfer of either principal use to a third party.
a.
Designation of Public Areas. The subdivisions or site plan shall
show the size, shape and location for all public streets, drainage
ways, flood control basins and other public areas on the site which
are provided for on the master plan or official map, if any.
b.
If the master plan or the official map, if any, provides for the
reservation of designated streets, public drainage ways, flood control
basins, or public areas within a proposed development, the planning
board may reserve the location and extent of such streets, ways, basins
or areas shown on a proposed subdivision or site plan for a period
of one year after the approval of the final plat or within such further
time as may be agreed to by the developer. Unless during such period
or extension thereof the township shall have entered into a contract
to purchase or institute condemnation proceedings according to law
for the fee or a lesser interest in the land comprising such streets,
ways, basins or areas, the developer shall not be bound by such reservations
shown on the plat and may proceed to use such land for private use
in accordance with applicable development regulations. The provisions
of this section shall not apply to streets and roads, flood control
basins or public drainage ways necessitated by the subdivision or
land development and required for final approval.
c.
The developer shall be entitled to just compensation for actual loss
found to be caused by such temporary reservation and deprivation of
use. In such instance, unless a lesser amount has previously been
mutually agreed upon, just compensation shall be deemed to be the
fair market value of an option to purchase the land reserved for the
period of reservation; provided that determination of such fair market
value shall include, but not be limited to, consideration of the real
property taxes apportioned to the land reserved and prorated for the
period of reservation. The developer shall be compensated for the
reasonable increased cost of legal, engineering, or other professional
services incurred in connection with obtaining subdivision approval
or site plan approval, as the case may be, caused by the reservation.
[Ord. #94-1001; Ord. #97-1059; Ord. #05-1352]
a.
In order to provide for the general welfare as new residential developments
are proposed, any property, before subdivision, which has the capacity
to produce 20 or more new detached single family and/or two-family
dwelling units, or 40 or more apartment, townhouse, or other types
of multi-family dwelling units, shall make provision for a dedication
of land and improvements for recreation facilities. It is the purpose
of this section to recognize that the need for recreation activities
is a direct result of the impact created by each new residential development
requiring an area of land in a manner similar to the need for streets,
storm water control, utility services, minimum lot sizes and setbacks,
and other design and improvement standards required to serve the public
health, safety and welfare.
1.
Where an original tract is proposed to be subdivided into smaller
parcels, and each smaller parcel would have a capacity less than the
minimum number of units set forth above, the recreation requirement
shall be an obligation calculated on the capacity of the original
tract. Each smaller parcel shall either provide its proportionate
share of the obligation of the original tract (even if there are fewer
units generated by the smaller parcel than the minimum number set
forth above) or, in the event the smaller parcel's proportionate share
of the obligation is to be deferred, the obligation shall be transferred
to the remainder of the original tract. The remainder of the original
tract would then have an increased recreation requirement if and when
the remainder of the original tract is developed. Any recreation obligation
transferred to the remainder of an original tract shall be imposed
by a deed restriction on the remainder of the original tract. In any
event, transferring a recreation obligation to the remainder of an
original tract shall not be permitted where any remaining area would
result in an obligation greater than 50% above its own requirement.
2.
In the event a development is served by water and sewer and the density of the development is 2.0 units per acre or more, the allocation of land shall be achieved by the use of available zoning options to reasonably assure that the permitted number of dwelling units can be achieved together with setting aside the land for recreation. These options include cluster design (section 17-79), Modification of Lot Areas and Other Restrictions (section 17-93), Planned Development (section 17-98), lot size averaging as set forth in paragraph a3 below, or a mixture of housing types permitted in the applicable zoning standards of sections 17-92 and 17-159 for the residential zoning district in which the property is located, singly or in combination. While these options are available, if a developer opts not to use them, any resulting loss of units would be a choice of the developer.
3.
Where one or more utilities is not available and the density is less
than 2.0 units per acre, land dedication for recreation together with
the opportunity to develop the number of dwelling units permitted
under the zoning for that district may be created by using lot size
averaging throughout the development where the smallest lot size would
be the lot size permitted under the cluster options (but without the
requirement for public water and sewer)' provided the on-site well
and septic systems can be provided in accordance with the applicable
health regulations. In that manner, any land within the development
able to meet the requirements for on-site wells and septic systems
may have a higher concentration of dwelling units while the land which
cannot meet the requirements for well and septic systems may be able
to be used to meet the recreation requirement.
4.
In any event, when using the alternative designs (cluster, lot size
averaging, mixed housing types, etc.), the resulting number of lots
and dwelling units shall not exceed the permitted density or the number
of dwelling units that would have resulted with the use of standard
development designs.
5.
It is anticipated that some recreation areas might result in locations
where approved sites for wells and septic systems could not be found,
but the land is otherwise usable for surface activities such as recreation,
or on areas identified as wetlands or wetland buffers where N.J.D.E.P.
has permitted intrusion into these areas as part of N.J.D.E.P.'s approval
for wetland buffer averaging or other boundary adjustments and mitigation
programs.
b.
Recreation Improvements. The following shall be minimum standards
for meeting the recreational requirements of the township. The primary
goal is to develop the recreation areas on-site, but alternative sites,
alternative sized recreation tracts and/or types of facilities, and/or
such other reasonable alternatives to meet the recreational requirements
may be offered to the approving authority by the developer and accepted
by the township consistent with the objectives of this section.
1.
Developments located on sites identified for recreation facilities
on various plans set forth in the adopted master plan shall be designed
to implement the master plan. The approving authority shall encourage
the use of applicable provisions of the section (see paragraph a2
above) that will assist in generating the recreation areas with minimal
or no reduction in the amount of development permitted under the zoning.
Where the developer does not wish to create the recreation area as
common property, the developer may use a lot size averaging design
and offer the properly sized property to the township for public purposes.
2.
The location and type of recreation improvements shall be a determination
of the approving authority based on recommendations by the developer
and the approving authority's consideration of the site's location
and size, duplication of nearby recreation facilities, and the physical
features of the land. The location for recreation improvements shall
be suitable for the intended purpose(s) considering road access, slope,
drainage, proximity to residences, lighting (if any), the size of
the total tract, and the size of the recreation site.
3.
Active recreation uses shall be planned to avoid the following: land
with final grades greater than 10% of such less slopes that would
preclude the installation of the intended facility; storm water detention
basins; areas closer than 200 feet to the centerline of electric poles
carrying more than 13 Kv; and designated wetland buffer areas except
as set forth in paragraph a5 above.
4.
The developer shall be responsible for the following: providing the
recreation site; grading the recreation site so it has positive drainage,
but achieving an appropriate level condition for the activity(s);
landscaping the area and providing the required buffer area adjacent
to residential development; and installing the appropriate facilities
as shown on an approved site plan. Improvements shall be designed
to meet regulation size(s) for the designated fields, courts, and
other activities, and shall be improved with the appropriate grading,
seed or sod, blacktop, fencing, lighting (if any), and related facilities
such as, but not limited to, standards and baskets for basketball,
nets and fencing for tennis, infield dirt and outfield grass for baseball
and softball, turf and goal posts for soccer and football, paved walkways,
parking areas, bicycle racks, player benches, and water supply for
drinking, sanitary and irrigation purposes where public water service
is available.
5.
The minimum area required for recreation purposes shall be as follows,
except that there shall be no minimum area requirement for developments
where all the units are restricted to occupancy by senior citizens:
(a)
In residential developments containing the minimum number of
dwelling units set forth in paragraph a above, the following minimum
percentages of the gross tract area shall be dedicated to recreation
use, except that no area shall be less than the area set forth in
paragraph 5(b) below.
|
Type
|
Number of Dwelling Units
| ||
|---|---|---|---|
|
Single Family or Two-Family
|
20-30
|
31-100
|
101+
|
|
Apt. Townhouse & Other Multi-Family
|
40-60
|
61-200
|
201+
|
|
Zoning District
|
Recreational Requirement
| ||
|---|---|---|---|
|
R-250 District
|
No requirement
| ||
|
R-200 District
|
1.5 ac
|
3.50%
|
3.00%
|
|
R-150 Districts
|
1.5 ac
|
4.00%
|
3.50%
|
|
R-100 and R-100-G Districts
|
1.5 ac
|
4.50%
|
4.00%
|
|
R-75 and R-50 Districts
|
1.5 ac
|
5.00%
|
4.50%
|
|
R-5 District
|
1.5 ac
|
5.50%
|
5.50%
|
(b)
The minimum tract size for recreation shall be the larger of
either 1.5 acres, with no dimension less than 200 feet, or two times
(2x) the minimum area required for the standard footprint of the specific
recreation facility(s) in order to provide spectator areas, parking
areas, and space for foul balls, landscaping, and minimizing nuisances
and hazards on adjoining lots and streets. If a site is to be offered
to the township for a public facility at no cost to the township,
the minimum size shall be three acres with no dimension less than
300 feet.
(c)
Each recreation area shall have its major frontage on a street and shall have no more than one-half its perimeter abutting a lot line of a residential use. Where a recreation area abuts residences there shall be a planted buffer area at least 25 feet wide, planted consistent with section 17-89. Said buffer area shall not be counted as meeting the minimum acreage required for the recreation area.
6.
For purposes of this section, a totlot shall not be permitted as
stand-alone facility, but a totlot may be one of several improvements
within, and as part of, a larger facility.
7.
The recreational facilities to be provided shall be field and/or
court games of such number as appropriate for the size of the development,
the size and dimension of site on which the facilities are to be located,
and the proximity of other recreation facilities. In the case of a
development limited entirely to occupancy by senior citizens (defined
as either age 55+ or age 62+ in accordance with the Fair Housing Act),
the recreation requirement may be met by providing an on-site club
house, community building, or similar facility containing rooms for
social functions, meetings and the like whether these are included
in a free standing building or as an integral part of the floor plan
of an apartment complex.
8.
Where swimming pools are constructed, they shall remain a homeowners'
association facility and shall not be offered for dedication to the
township.
9.
The method of preserving the recreation areas for their intended
purposes shall be a determination of the approving authority and may
be by easement, deed restriction, dedication to the township or other
governmental agency, a homeowners' association, or other means of
perpetual dedication acceptable to the approving authority.
10.
Recreation areas shall be designed to address water quality, flooding
and groundwater recharge and shall incorporate the use of nonstructural
stormwater management strategies to the maximum extent practicable.
[Ord. #03-1297, § 3; Ord. #05-1352]
When service stations are permitted, they shall comply with
the following requirements in addition to the other zoning and site
plan requirements.
a.
All pits, lifts, and working areas shall be within a building. All
lubrication, repair or similar activities shall be performed in an
enclosed building and no dismantled parts shall be placed outside.
Storage areas and trash facilities shall be enclosed on all sides.
b.
All gas station pumps, air pumps, and the islands upon which pumps
are normally located shall be set back from the street line at least
40 feet and from any property line at least 50 feet. A minimum space
of 25 feet shall exist between any two islands and between any island
and the service station building. Pole mounted lighting fixtures shall
be full cutoff. Lighting fixtures under the canopy, if any, shall
be full cutoff also.
c.
No junked motor vehicle or part thereof and no unregistered motor
vehicle with a registration expired for a period of more than three
months shall be permitted outside an enclosed service station building.
Other than employee's vehicles, no more than six motor vehicles may
be located outside a service station building for a period not to
exceed five days provided the owners are awaiting the repair of such
motor vehicles. Concerning illumination within the service station,
the station shall average maintained horizontal illumination at service
pump areas that do not exceed 5 fc at grade. Average maintained horizontal
illumination at entrances and perimeter areas shall not exceed 1.5
fc at grade.
d.
It is intended that service stations be designed compatibly with
other permitted commercial or industrial uses in the zone in which
they are located. Ingress and egress shall be designed to recognize
the turning movements generated. These access points shall be coordinated
with the access points required for nearby uses, frequency of intersecting
side streets, minimizing left turns off collector and arterial streets,
and maintaining building setbacks compatible with the required setbacks
and landscaping.
e.
Service stations shall be designed to address water quality, flooding
and groundwater recharge and shall incorporate the use of nonstructural
stormwater management strategies to the maximum extent practicable.
[Ord. #00-1139, § 1; Ord. #00-1174, §§ 1,
2]
Satisfactory provisions for the disposal of sewage shall be
provided.
a.
Areas Served by a Sanitary Sewerage System. Subject to the provisions
of paragraph d below, when the planning board determines that an area
is or could be served by an existing sanitary sewerage system, the
developer shall install a satisfactory system for the collection of
sanitary sewage. The developer shall convey to the Township of Hopewell
title to or easements across all lands necessary to ensure the operation
and maintenance of the collection system. The system shall comply
with all applicable requirements of the Township of Hopewell and the
State of New Jersey. Title to the system shall be conveyed and dedicated
to the township under the terms of all applicable permits.
b.
Areas Likely to Be Served by a Sanitary Sewer in the Future. Subject
to the provisions of paragraph d below, when the planning board determines
that a major subdivision is located in an area which is not served
by an existing sanitary sewerage system, but may be served, then the
planning board may require that a dry line system for the collection
of sanitary sewage be installed. All requirements of paragraph a shall
be complied with.
c.
When No Sanitary Sewers are Available.
1.
A developer may install a sanitary sewerage system only upon obtaining
approval of the Township of Hopewell and the State of New Jersey,
in compliance with all of the requirements of paragraphs a and d.
2.
If no sanitary sewerage system is available, no subdivision or site
plan shall be approved unless the planning board determines that an
on-site sewage disposal system meeting all township and State requirements
can be installed on the site. In order to enable the planning board
to make this determination, the applicant shall accompany his application
with a minimum of two percolation tests and one soil log for each
of the proposed lots in the subdivision and a minimum of two percolation
tests and one soil log on the lands remaining unless said remaining
lands are 50 acres or larger in size, in which case no percolation
tests or soil logs will be required thereon. The test holes shall
be located in the area where the disposal field is intended to be
placed. Septic systems shall be a minimum of 50 feet from a watercourse
unless otherwise increased by the township health department. Septic
systems proposed on slopes greater than 12% shall identify the design
standards to be used for the preparation of individual plot plans
for each lot for approval. The planning board may define and require
such other tests as are needed to discharge its responsibilities under
this section, or it may refer the application to the board of health
for its recommendations.
3.
Location of all percolation tests and soil logs shall be shown with
dimensions from any proposed lot boundary, any watercourse within
200 feet of the test area, any existing or proposed septic system
within 200 feet of the test area, and any wells within 200 feet of
the test area on the plans submitted. The results for each proposed
lot shall be referenced on the plan submitted and separate reports
for each passing and failing test performed, signed, and sealed by
a New Jersey licensed professional engineer, shall be submitted with
the development application. Each report submitted shall identify
the proposed lot upon which the test was performed.
4.
All existing septic systems on lands being considered for a development
by the planning board shall be tested by a New Jersey licensed professional
engineer for adequacy to serve the lands remaining for the purpose
indicated on the development application. A certification bearing
the signature and seal of a New Jersey licensed professional engineer
identifying any existing deficiencies and recording any repairs shall
be submitted with the development application.
d.
Sewer Connections. No person shall be permitted to connect to any
public sewer system except through and with the approval of the Hopewell
Township Committee, provided such Hopewell Township Committee approval
is required or permitted pursuant to applicable law, regulations,
rules or water quality management plan for the connection, extension
or addition to or of a public sewer system, which approval must be
received through the affirmative vote of not less than two-thirds
of the full membership thereof.
[Ord. #05-1352; amended 4-19-2021 by Ord. No. 21-1744]
Sidewalks shall be installed in locations determined by the
Planning Board to be in the interest of public safety and proper pedestrian
circulation considering the probable volume of pedestrian traffic,
the adjoining street classification where sidewalks, parallel streets,
school bus stops, recreation areas, schools, and the general type
of improvement intended. Where required, sidewalks shall be at least
four feet wide and may be constructed of concrete, brick or bituminous
material. All sidewalks shall have a four-inch granular base. If constructed
of concrete, sidewalks shall be four inches thick, except at points
of vehicular crossing where they shall be at least six inches thick,
of Class B concrete having a twenty-eight-day compressive strength
of 4,500 p.s.i., and shall be air-entrained. If constructed of bituminous
materials, where permitted by the Planning Board, they shall adhere
to the bikeway standards. Where sidewalks cross curbs, curb ramps
shall be provided. Preformed expansion joint material shall be placed
on concrete sidewalks at twenty-foot intervals and where sidewalks
abut curbing or a structure.
Sidewalks shall be designed to comply with the design criteria of the Americans with Disabilities Act and New Jersey Department of Transportation. Permeable paving materials shall be used where appropriate and stormwater management and related drainage controls shall comply with § 17-82.
No natural or artificial thing shall be installed or permitted if it would obstruct vision between a height of 2 1/2 feet and eight feet above the centerline grades of intersecting streets, or the intersection of a street and a driveway, in an area bounded by the streets (or the street and the driveway) and a straight line which connects sight points along the street or driveway. The sight points shall be the following distance from the intersection: 130 feet on an arterial street; 60 feet on a collector street; 50 feet on a primary or secondary local street. For driveways, section 17-83d.
[Ord. #10-1501]
Except as otherwise set forth herein, it shall be unlawful for
any person to erect, alter, relocate or maintain within the township
any sign, as set forth and defined in this chapter without first making
application for, and obtaining a sign permit from the construction
official.
a.
General. Every sign erected shall conform to the requirements of
this chapter. A sign is a structure and subject to a permit and all
other regulations provided in the construction code and in all township
ordinances.
Any existing signs which do not conform to this chapter may
be continued provided they complied with the requirements of the township
at the time of their erection. No sign shall be altered, rebuilt,
enlarged, or relocated, unless it is changed to conform with this
chapter.
b.
Exempt Signs. The following are exempt from the requirements of this
chapter:
1.
Parking lot markers, parking lot directional signs, and entrance
or exit signs which do not exceed two square feet in area and do not
contain any advertising matter, provided that the number, design and
location of such signs must be approved by the planning board during
site plan review.
2.
Signs not exceeding one-half square foot in area and bearing only
property numbers, post box numbers, names of occupants of premises
or other identifications of premises not having commercial connotations.
3.
Flags and insignia of any government, except when displayed in connection
with commercial promotion.
c.
Prohibited Signs. All signs not provided for in this chapter are
prohibited. As a guide, and not by way of limitation, the following
signs are prohibited:
1.
Any exterior sign that:
(a)
Has any moving, flashing or fluttering parts, or that gives
such an illusion;
(b)
Emits smoke, visible vapor or particles, sound or odor;
(c)
Produces glare or emits light from a direct bare bulb or reflector,
including mirrors;
(d)
Uses exposed incandescent bulbs or neon tubes, mirrors reflecting
a direct light source, or any similar device;
(e)
Is of such a design or location that it would interfere with,
compete for attention with, or might be mistaken for a traffic signal,
sign or device. This includes arrow devices and the word "Stop";
(f)
Is located within a required sight triangle;
(g)
Is fastened to a tree, or utility pole, except a warning or
nontrespassing sign where permitted in this chapter;
(h)
Is erected other than in conjunction with a permitted use on
the lot on which the sign is created;
(i)
Is the type of sign commonly known as a billboard, or promotes
the sale of goods or services not available on the immediate premises;
(j)
Is painted on or affixed to a water tower, storage tank, or
similar structure;
(k)
Is a commercial illustration painted on the wall of a building
and is not part of the main sign for the business at that location.
2.
Any interior sign that is visible from the street or from adjacent
property that:
3.
Any vehicle or trailer that is parked in such a way as to utilize
it as a portable sign on any public right-of-way, public property,
or on private property so as to be intended to be viewed from a motorized
vehicular public right-of-way, which has attached thereto or located
thereon any sign or advertising device for the basic purpose of providing
advertisement of products or directing people to a business or activity
located on the same or nearby property or any other premises.
d.
General Regulations Pertaining to Permanent Signs.
1.
Sign Permits. A permit shall be secured from the construction official
for the erection, or change in location of any permanent sign other
than an exempt sign. No permanent right is granted or implied, nor
shall any permit be transferable to any succeeding owner, lessee or
tenant of the property if any change is made in the sign, either in
structure or text.
2.
Fees. Fees as established in Chapter 10, "Fees and Permits" of the Revised General Ordinances of the Township of Hopewell (1978) shall be payable upon application for a sign permit.
3.
Sign Wording. The wording of exterior permanent signs shall be limited
to the name of the person or company conducting business on the premises
and the nature of that business, except for service stations. Prices
may not be stated. A listing of items sold also is prohibited.
4.
Double-Faced Signs. Double-faced, free-standing signs are permitted
provided that the faces do not form an angle greater than 40°,
are not more than one foot apart, at one end, and the vertical projections
of the faces coincide. Such signs shall otherwise conform to the requirements
of this chapter. The computed area shall be that of one face.
5.
Sign Maintenance. Every sign must be constructed of durable materials,
maintained in good condition, and not allowed to become dilapidated.
Whenever a sign becomes dilapidated, structurally unsafe, or endangers
the public health or safety, the construction official shall order
that such sign be renovated, made safe, or removed. Such order shall
be complied with within 10 days of the receipt thereof by the person,
firm or corporation owning or using the sign. The area surrounding
ground signs shall be kept neat, clean and landscaped.
6.
Sign Removal. Signs advertising business or industrial establishments
shall be removed within 30 days of the closing of such business by
the owner of the property.
7.
Setback Requirements. All sign setback requirements shall be measured
from the right-of-way line.
8.
Free-standing Signs. Unless otherwise specified, free-standing signs
shall be located no closer to a side lot line than the minimum side
yard for the principal building, and shall have a setback from the
right-of-way line of at least 15 feet, and shall not be located in
any sight triangle.
9.
Attached Signs. Attached signs shall be affixed parallel to the wall
to which they are attached and the face of the sign shall project
no more than 15 inches from the surface of the wall. They may be affixed
to the front wall of a principal structure, or to the roof parallel
with the front wall. They may not project above the ridge line or
roof of the building.
10.
Illuminated Signs. Illuminated signs shall be arranged to reflect
the light and glare away from adjoining or nearby lots and streets.
All lighted signs shall have the light source shielded from adjoining
or nearby lots, streets, and interior drives. All lights shall be
either shielded or have translucent fixtures to reduce off-site effects.
e.
Regulations Pertaining to Temporary Signs.
1.
No permit is required for a temporary sign.
2.
A temporary sign must not interfere with any traffic sight lines
or create a distraction to motorists, or be illuminated.
3.
The following types of temporary signs are permitted:
(a)
A temporary real estate sign identifying the lot upon which
it is located as being for rent or sale, not exceeding four square
feet in residential districts and 10 square feet in all other districts,
and not more than five feet high. There may be one sign for each street
the lot abuts, but no more than one sign for each 1,000 feet of frontage
on each street. All such signs must be removed within 30 days after
the sale of the lot.
(b)
Temporary real estate signs identifying lots or dwellings in
an approved major subdivision upon which the signs are located as
being for sale, not exceeding 10 square feet and not more than five
feet high. There may be no more than one such sign for each subdivision.
All such signs must be removed within 30 days after the sale of all
of the lots or dwellings.
(c)
Temporary signs identifying the contractors who are building
a structure, not exceeding four square feet and not more than five
feet high. All such signs must be removed as soon as the contractor's
work is substantially completed.
(d)
Temporary political or election signs not exceeding 10 square
feet and not more than five feet high. All such signs may be erected
45 days prior to a general or primary election and must be removed
within one week after the date of the election to which they relate.
Political or election signs may not be stationed on or affixed to
publicly-owned properties.
(e)
Temporary signs advertising religious, educational, charitable,
political or similar events, not exceeding four square feet in residential
districts and 10 square feet in other districts and not more than
five feet high. Such signs may not be displayed for more than 14 days.
(f)
Temporary signs advertising seasonal "garage sale" not exceeding
four square feet and not more than five feet high. Such signs may
not be displayed for more than 14 days.
(g)
Temporary signs advertising seasonal agricultural products grown
on the same property which are for sale at the time, not exceeding
four square feet and not more than five feet high.
(h)
Temporary signs at a sales office and at model homes associated
with a housing development. The sales office may have one sign identifying
it as the sales office (maximum 24 square feet) and each model home
may have one sign giving the name of that model (maximum 10 square
feet). The signs shall be unlighted. The sales office sign may be
mounted either on the building no higher than the eave of the roof
or 15 feet high, whichever is lower, or be a free-standing sign no
higher than five feet. All house model signs shall be free-standing
signs no higher than three feet.
f.
Permitted Types of Permanent Signs.
1.
Farms. One free-standing sign giving the name of the farm or owner
not exceeding four square feet, and no more than five feet high.
2.
Memorial and Historical Markers and Tablets. The design and location
of such signs shall be determined by the township committee with recommendations
by the planning board.
3.
Attached Signs Identifying a Business or Facility. There shall be
no more than one attached sign per established business. The maximum
area shall be no greater than 100 square feet, or the equivalent of
1.5 square feet of sign area for each lineal foot of width of the
wall on which the sign is located, whichever is smaller.
4.
Free-standing Signs Identifying Office or Professional Tenants. One
freestanding sign identifying the facility at each street from which
a driveway permits ingress to the facility, not exceeding four square
feet for each tenant, but in no event more than 32 square feet, and
not more than 10 feet high.
5.
Free-standing Signs Identifying Commercial, Industrial and Other
Facilities. One sign identifying the facility and its occupants at
each street from which a driveway permits ingress to the facility,
not exceeding 20 square feet for the first business identified plus
four square feet for each additional occupant but in no event more
than 32 square feet, and not more than 14 feet high.
6.
In addition to the above, shopping centers shall be permitted one
ground or pylon sign advertising the name of the shopping center and
meeting the following specifications:
7.
Service Stations. In addition to other signs permitted in this chapter,
service stations may display the following special signs which are
deemed customary and necessary to their respective business:
(a)
One ground or pylon sign advertising the name of the station
and the principal products sold on the premises or both, including
any special company or brand name, insignia or emblem, provided that
such sign shall not exceed 30 square feet in area on a side and shall
be erected at least 20 feet from the property line and, four feet
above the ground, shall be at least 10 feet but not more than 20 feet
above the ground. High-rise or "turnpike-height signs" are prohibited.
(b)
No more than one sign advertising gasoline prices, not to exceed
12 square feet in area on a side.
8.
Development Signs. Where there is a development of more than 150
dwelling units, the developer may elect to construct a permanent identification
sign at no more than three entrances to the development. Said sign
shall be limited to the name of the development, located no closer
than 10 feet to the curbline, be outside any public right-of-way,
and be no larger than 25 square feet. The sign may be lighted pursuant
to paragraph d10. The sign shall be mounted on a brick or stone wall,
or implanted within a landscaped berm. The wall shall be no more than
five times the area of the sign. No part of the wall, berm or sign
shall exceed a height of five feet. If such a sign is intended as
part of a development, the location, design landscape features and
an elevation of the proposed sign shall be submitted as part of the
subdivision or site plan application. In addition, adequate provisions
for its maintenance shall be part of the application. Any exception
from the above standards may be granted by design waiver for good
cause shown.
9.
Open Space Access Identification Signs. One freestanding sign identifying
the owner/managing entity of the preserve, open space, or farmland
and the words "Public Trail" or similar identification not exceeding
six square feet and no more than five feet high at each public access
location. Signs may be placed no closer than six inches to the street
right-of-way line provided that the sign is set back at least 10 feet
from the edge of pavement and does not interfere with any sight triangle.
a.
Top Soil Protection. No top soil shall be removed from the site or
used as spoil. Top soil moved during the course of construction shall
be redistributed so as to provide at least six inches of cover to
all areas and shall be stabilized by seeding or planting. Ground cover
must be planted on all areas in the first planting season after disturbance.
Silt traps may be used.
[Ord. No. 02-1268 § 1;
Ord. #05-1352]
a.
Emergency Access and Stub Streets. All streets shall be of sufficient
width and suitable grade and suitably located to accommodate prospective
traffic and to provide access for firefighting equipment and emergency
equipment to buildings. The arrangement of streets shall constitute
a convenient circulation system for the proposed development, shall
provide for suitable access to adjoining undeveloped property, shall
provide stub streets constructed up to the adjoining property line
with a temporary turnaround, shall be consistent with appropriate
traffic circulation when there is full development of all property
near the proposed development, and shall conform to the official map,
if any, and the circulation plan of the master plan. Where stub streets
are approved, a notice shall be provided to all lot owners fronting
on said stub street by appropriate deed restriction. All temporary
turnaround areas shall be created by easement.
b.
The arrangement of all streets shall provide for the appropriate
extension of existing streets and for future connection to adjoining
undeveloped properties. When a development adjoins land capable of
being developed or subdivided further, suitable provisions shall be
made for optimum access from the adjoining tract to existing or proposed
streets.
c.
Minor streets shall be so designed as to discourage through traffic.
d.
Developments abutting arterial streets shall provide a marginal service
road or reverse frontage with a buffer strip for planting or some
other means of separation of through and local traffic as the planning
board may determine appropriate.
e.
The right-of-way width shall be measured from lot line to lot line
and shall be not less than the following:
1.
Right-of-way minimums:
|
Street Classification
|
Right-of-Way Width
|
Cartway Width
|
Traffic Lanes
|
|---|---|---|---|
|
Arterial
|
80 feet
|
64 feet
|
4 at 12 feet
|
|
Collector
|
66 feet
|
40 feet
|
2 at 12 feet
|
|
Primary Local
|
60 feet
|
36 feet
|
2 at 10 feet
|
|
Secondary Local
|
50 feet
|
20 to 28 feet
|
|
The cartway width and traffic lanes on secondary local roads
shall depend on the probable extent of curbside parking and on the
amount of traffic which is likely to use them when surrounding areas
are developed, as determined by the planning board.
|
|
The right-of-way and cartway widths for arterial and collector
streets shall be increased by 10 feet on the right side approaching
each other arterial or collector street for 300 feet from the intersection
of the centerlines.
|
2.
The right-of-way width for internal roads and alleys in multi-family,
commercial and industrial development shall be determined on an individual
basis, and shall in all cases be of sufficient width and design to
safely accommodate the maximum traffic, parking and loading needs
and maximum access for firefighting equipment.
f.
Developments that adjoin or include existing streets that do not
conform to widths as shown on the master plan or official map, if
any, or the street width requirements of this chapter shall either
be widened by dedication along one or both sides, as is most appropriate
in the opinion of the planning board, or additional land along both
sides of such street sufficient to conform to the right-of-way requirements
shall be anticipated in the subdivision design by creating oversized
lots to accommodate the widening at some future date. If the development
abuts one side of such a road, one-half or the deficient amount of
right-of-way shall be dedicated and the roadway improved to township
standards, except in such cases as the planning board determines that
the acquisition of the additional width on the opposite side of the
street is unfeasible, unlikely, or undesirable because of location
of existing buildings, tree growth, topographic conditions or other
similar consideration. In such cases, the full amount of deficient
right-of-way shall be dedicated.
Where the development abuts both sides of an existing street,
the entire street shall be improved to the Township of Hopewell specifications.
Where the development abuts one side of an existing street, one-half
of the street shall be improved to the extent deemed necessary by
the planning board.
g.
In order to reduce the number of driveways intersecting arterial and collector streets, all residential driveways shall, wherever possible, intersect minor streets. Abutting lots may be required to use abutting driveways with one curb cut. Except in the MRC district, all residential lots requiring reverse frontage shall have an additional 25 feet of depth to allow for the establishment of the buffers outlined in section 17-89j.
h.
Permanent Cul-de-Sacs. Permanent cul-de-sacs shall not be permitted
unless granted as a design waiver as an exception for good cause shown
where there is no other circulation alternative. The maximum length
of a permitted cul-de-sac shall be the shorter of either 500 feet
or the length necessary to serve no more than five conforming single
family lots in the district in which it is located, or no more than
12 multi-family dwelling units in a district where multifamily units
are permitted.
i.
If the cul-de-sac is of a temporary nature, because of provision
for future street extension, provision shall be made for reversion
of the excess right-of-way to the adjoining property owners by notation
on the final plat.
j.
Intersections shall be as nearly at right angles as possible and
in no case be less than 60°. The minimum sight distance within
the right-of-way of a minor or collector street approaching an intersection
is 240 feet ± five feet for each 2% of street gradient measured
from the centerline of the intersecting street along the centerline
of the intersected street. The minimum sight distance of a primary
or arterial street approaching an intersection is 520 feet ±
12 feet for each 2% of street gradient measured from the centerline
of the intersecting street along the centerline of the intersected
street.
1.
The block corners at intersections shall be rounded at the curb line
with a curve having a minimum radius of not less than 30 feet for
intersection angles 80° or greater or 40 feet for intersection
angles less than 80°.
2.
A clear sight area in the form of a triangle shall be provided as specified in the section entitled "sight triangles" (section 17-105).
3.
Multiple intersections involving more than two streets are prohibited.
4.
T-intersections on opposite sides of a street shall be separated
by at least 200 feet as measured between the centerlines.
5.
The minimum distance between intersections along one side of any
street shall not be less than 400 feet when measured between centerlines.
k.
Horizontal alignment of streets shall be such that the minimum radius
of curvature for minor or collector streets is 225 feet and 700 feet
for primary streets. Reverse curves shall be joined by a tangent of
not less than 100 feet for collector streets or of less than 500 feet
for primary or arterial streets.
l.
Vertical alignment of streets shall be such that the minimum gradient
is not less than 0.75% and the maximum gradient is 6%; however, the
maximum gradient restriction may be waived by the township engineer
in certain situations where a 6% gradient is impractical. All changes
in gradients shall be accomplished gradually by means of a vertical,
parabolic curve. The minimum length of vertical curve for minor and
collector streets shall be 50 feet up to a 4% algebraic difference
of street gradient; for algebraic gradient differences between 4%
and 8% it shall be 50 feet plus 50 feet for each 1% difference, above
8% it shall be 250 feet plus 50 feet for each 2% difference. The minimum
length of vertical curve for primary and arterial streets shall be
100 feet for algebraic street gradient differences up to 2%; for algebraic
street differences between 2% and 10% it shall be 100 feet plus 100
feet for each 1% difference; above 10% it shall be 900 feet plus 100
feet for each 2% difference.
m.
No street name shall duplicate or nearly duplicate the name of any
existing street in the Township of Hopewell. If a street is a continuation
or extension of an existing street, the name shall be used. All street
names are subject to approval by the planning board.
n.
All lots abutting only arterial or collector streets shall be provided
with a suitable driveway area to provide a turn around within the
lot.
o.
All driveways shall be paved 20 feet from the cartway with concrete
or bituminous concrete. Where sidewalks are installed the paved portion
of the driveway shall be from the street curb line to the sidewalk;
this pavement shall be Class B (4500 psi) concrete.
p.
Streets, Construction Details.
1.
Crowns of all streets shall not be less than four inches nor more
than six inches. The sidewalk area shall be graded to an elevation
of two inches above the finished centerline grade.
2.
Where sub-base conditions are wet, springy, or of such nature that surfacing would be inadvisable without first treating the sub-base, the street construction shall conform to section 17-95n.
3.
Except for those streets for which a lighter pavement may be approved
by the planning board, the street roadway area shall be constructed
for its full width with (1) a five inch compacted thickness of Bituminous
Stabilized concrete, (2) tack coat, asphaltic oil applied at the rate
of 0.10 gallons per square yard, and (3) a 1.5 inch compacted thickness
surface course of hot mixed bituminous concrete type FABC-1.
The township engineer reserves the right to order the installation
of 1.5 inches quarry blend stone and prime coat, if conditions warrant.
The installation of the surface course shall not be performed until
all irregularities and settlement of pavement have been corrected
and approval is received from the township engineer.
Where new streets meet existing pavement, where existing streets
are to be improved, and when continuing a previously laid pavement,
the edges of all existing pavements are to be neatly cut at a 45°
angle along a straight line and the exposed edges shall be painted
with a thin coat of asphaltic cement. The practice of "feathering"
shall not be permitted.
All of the above construction shall be in accordance with current
New Jersey State Department of Transportation Standard Specifications
and Supplements thereto on file in the office of the township engineer.
4.
Streets shall be designed to comply with the design criteria of the American Association of State Highway and Transportation Officials and the New Jersey Department of Transportation. Stormwater management and related drainage controls shall comply with § 17-82.
[Amended 4-19-2021 by Ord. No. 21-1744]
Regulatory and cautionary traffic signs shall be metal reflectorized
meeting the requirements of the New Jersey State Department of Transportation
standards. Street name signs shall show the intersecting street names
in four directions. These signs shall be Lyle-series E, embossed with
black lettering on a white background, or equal approved by the township
engineer. All signs shall be mounted on 2 1/2 inch diameter pipe
posts embedded in a minimum of two feet and five inches in Class D
(2500 PSI) concrete one foot square. Street name signs shall be located
with eight feet above the proposed ground line to the bottom of the
name plates.
No structure may be located more than 30 inches above the general
ground level of a graded lot within any required front, side or rear
yard, except for fences, garden walls, posts and other customary ornaments.
a.
General Provisions Applicable to All Uses.
1.
No private residential pool or hot tub shall be installed on any
lot unless said lot shall contain a residence.
2.
All pools and hot tubs shall be a residential accessory use.
3.
Outdoor hot tubs shall be required to have a cover capable of being
locked or meet the requirements for fence enclosures specified in
the Uniform Construction Code. Exception: hot tubs installed on wood
decks without covers shall have guard rails with self-closing, self-latching
gates. The height of the guard rail enclosure system shall be a minimum
of 36 inches on the enclosure side and at least 48 inches above grade
on the exterior side.
4.
Pools and hot tubs shall otherwise be installed, operated and used
in accordance with other health and safety ordinances regarding water
filtration, circulation and treatment; fencing; noise; and lighting.
5.
A noncommercial pool may be operated as part of the common property
of a homeowners' association for the use and enjoyment of the residents
of a specified development.
6.
Pools operated by a homeowners' association shall be located as approved
on a subdivision and site plan for that residential development.
b.
Single Family.
1.
The pool or hot tub shall be located only to the side or rear of
a single family residence and shall meet the setback requirements
for a swimming pool in the district in which it is located, except
where the pool or hot tub is located on a patio or deck attached to
the principal building, the setback shall meet the setback requirements
for the principal building.
2.
Hot tubs may be located within the dwelling unit or they may be located
outside on a porch, deck or patio.
3.
Fencing shall be required as delineated in the Building Subcode adopted
pursuant to N.J.A.C. 5:23-3.14, known as the BOCA National Building
Code/1990, including all subsequent revisions and amendments with
the following exceptions. Inground Pools: A natural barrier or other
protective device, if approved by the building inspector and maintained
by the owner, agent, tenant or other responsible person may be an
acceptable enclosure, as long as the degree of protection afforded
by the substituted device or structure is not less than the protection
afforded by the enclosure, gate and latch described in the adopted
edition of the BOCA National Building Code. Above Ground Pools: The
requirements for a fence can be waived if the owner, agent, tenant
or other responsible person can and will demonstrate that they can
and will maintain the following:
(a)
The pool side wall is a minimum of 48 inches above grade. Grade
meaning a level distance of 36 inches from the pool wall.
(b)
The pool wall has smooth sides that will not permit climbing
by small children.
(c)
Filtration systems shall be located and maintained a minimum
distance of 36 inches from the side wall of the pool.
(d)
All pool access ladders, steps, and decks shall be maintained
in an unusable state by small children or incompetent persons when
the pool is not in use by means of locking in a fold up position or
have locked, self-closing, self-latching gate.
(e)
All pool decks attached to an aboveground swimming pool must
comply with the BOCA Building Code regarding the requirements for
foundations, live load and guardrails.
c.
Townhouses. Hot tubs may be located within a townhouse. Hot tubs
may be located outside a townhouse as an accessory use provided the
hot tub is located within a walled patio by a wall that is not less
than 3 1/2 feet in height and the elevation of the water surface
is at least two feet lower than the lowest elevation of the wall,
and provided further that the area of the patio covered by the hot
tub and any accompanying framing, deck, pump, filtering system and
related structures and equipment do not exceed 40% of the walled patio
area.
[Ord. #94-996, § 1]
a.
Adoption by Reference. In order to mitigate and reduce traffic volume
associated with land development in the Township of Hopewell, the
Planning Board may consider in the review of applications for development
the efforts of the applicant to comply with the Federal Clean Air
Act Amendments of 1990 (CAAA) (42 U.S.C.S. 7401); the New Jersey Employer
Trip Reduction Program (ETRP) (N.J.A.C. 16:50-1, et seq.) and the
New Jersey Traffic Congestion and Air Pollution Control Act (N.J.S.A.
27:26A-1, et seq.), including any regulation promulgated under either
of these Federal and State Statutes.
Electric service shall be provided. Except for minor subdivisions,
all electricity, telephone and other utility lines shall be underground.
Generally street lighting shall be installed at time of road construction
at all new street intersections and at such other places as may be
required, at the developer's expense, with fixtures specifically approved
by the planning board.
a.
An adequate water supply for the residents and occupants of the site shall be provided. If a public water supply is available, water mains shall be connected to the existing mains, if the Hopewell Township Municipal Utility Authority approves, and the developer shall contribute the entire cost of any necessary new wells, additional storage facilities, extension of water mains and increased size of water mains, except as provided in section 17-96 with respect to off-tract improvements.
b.
If a public water supply is not available, or if in the judgment of the planning board it is not economically feasible to extend public water lines to the site, the planning board shall determine whether individual wells are appropriate, or whether a central water system should be installed, subject to the approval by the Hopewell Township Municipal Utilities Authority of the arrangements for transferring ownership of the system to the municipal utilities authority. In addition, compliance with section 16-6 of the Revised General Ordinances shall be required.
c.
Whenever a public water supply or central water system is installed
or expanded, the developer shall include fire hydrants, with approved
coupling devices, sufficient for firefighting purposes.
[Ord. #04-1328, § 4]
a.
Purposes. The purposes of the stream corridor protection provisions
are to:
1.
Assure that adequate water supply is available and maintain the long-term
natural equilibrium of the ground and surface waters in Hopewell Township
and in neighboring communities.
2.
Improve and maintain the quality of the water supply and sustain
diverse populations of aquatic flora and fauna.
3.
Improve the currently impaired streams in the township.
4.
Protect significant ecological components of stream corridors such
as floodplains, woodlands, steep slopes and habitats for flora and
fauna.
5.
Minimize flood related damage to properties in the township and in
neighboring communities.
6.
Complement federal, state, regional, county and municipal watershed,
flood hazard and stream corridor protection and management programs.
c.
Activities Permitted in Stream Corridors. Stream corridors shall
remain in their natural state and shall not be developed or disturbed,
except for the following activities:
1.
Any activity subject to regulation by the New Jersey Department of
Environmental Protection under the New Jersey Freshwater Wetland Protection
Act.
2.
Reconstruction of a valid nonconforming structure that predates the
adoption of this section[1] in the event of partial destruction by fire, natural hazards,
or other acts of God, provided the reconstruction does not have a
greater footprint or total area than that of the damaged structure
and no change in land use occurs.
[1]
Editor's Note: Ordinance No. 04-1328, codified herein was
adopted December 13, 2004.
3.
Any use or related maintenance thereof that existed prior to the
date of adoption of this section.
4.
Any agricultural use or structure existing prior to the date of adoption
of this section, but no new agricultural structure, except for fences,
shall be permitted in a stream corridor, subject to approval by the
New Jersey Department of Environmental Protection.
5.
Existing stormwater management facilities located in stream corridors
are permitted to remain in a stream corridor and may be expanded or
modified in connection with an application for development and in
accordance with the requirements of the approving authority.
6.
Surveying or activities for the purpose of establishing or re-establishing
a boundary line or points, which use only hand held equipment and
do not involve the use of motorized vehicles to either clear vegetation
or extract soil borings. The clearing of vegetation along the survey
line or around the survey points shall not exceed three feet in width
or diameter respectively and shall not be kept clear or maintained
once the survey or delineation is completed.
d.
Stream Corridor Averaging. An applicant may undertake stream corridor averaging, as defined in Chapter 17, Article X, Section 17-181. Stream corridor averaging shall only be permitted along the perimeter of retention basins. Stream corridor width may be reduced to a minimum of 25 feet for buildings or other structures or zero feet for dams, pedestrian walkways, walls, and any associated landscaped areas along the perimeter of a retention basin, provided, however, that the total length of stream corridor reduction is not greater than 40% of the length of the perimeter of the retention basin. For every stream corridor reduced in area along a retention basin, there shall be an equivalent increase in stream corridor width provided elsewhere along the perimeter of the retention basin.
e.
Prohibited Activities. All activities not specifically permitted
by the provisions of paragraph c above are prohibited. The following
activities are prohibited unless a design waiver is obtained:
1.
Alteration of watercourses and stream corridors by development or
disturbance of any type.
2.
Clearing or cutting of any vegetation, except for removal of dead
vegetation, pruning for reasons of safety and harvesting of agricultural
products.
3.
Disposal of brush, debris or any solid or liquid waste.
4.
Installation of fences and sheds.
[Ord. #07-1411, § 1]
a.
The following standards shall apply to all new development on lots
(existing or proposed) with slopes in excess of 15%:
1.
In areas with slopes that exceed 25%, no development, regrading or
removal of vegetation shall be permitted.
2.
In areas with slopes of 15% to 25%, no more than 15% of such areas
shall be developed, regarded, or cleared of vegetation.
3.
For the purposes of subdivision each residential lot created must
include a minimum of two contiguous acres of land with less than 15%
slope on which the dwelling, septic system and accessory structures
shall be located.
4.
A steep slope analysis showing slope classes 0-14.99%, 15-25% and
greater than 25% shall be provided with all site development or subdivision
plans. The slope classification shall be calculated utilizing a two-foot
contour interval.
5.
A grading plan which indicates all site grading necessary for the
development or subdivision of the lot shall be submitted for review
and approval by the township engineer. Such plan shall also provide
for the proper protection and stabilization of all disturbed areas
consistent with the design techniques established by the Soil Erosion
and Sediment Control Standards, adopted as amended by the New Jersey
State Soil Conservation Committee. The approval of this grading plan
by the township engineer shall be required prior to the issuance of
a building permit.
[Added 11-23-2020 by Ord. No. 20-1735]
