A.
Purpose. The design requirements set forth in this chapter are intended
to guide all development in the City of Summit in a manner that is
harmonious and consistent with the existing character of the community,
including the architectural styles, forms, massing, orientation and
materials of existing buildings, structures and site configurations.
Buildings and additions shall not be dominant but shall be proportionate
to and complement surrounding development. Site improvements and buildings
shall be incorporated in a comprehensive development plan that ensures
safety, functionality, sustainability and aesthetic enhancement in
a manner that respects the site's physical features and relates well
to the design vernacular of surrounding development and the City of
Summit. In addition, the design of buildings, structures and sites
shall be consistent with the Development Design Guidelines located
in the Appendix at the end of this chapter.[1]
[1]
Editor's Note: The Appendixes are included as attachments to this chapter.
B.
Applicability. The design requirements set forth in this article
shall apply to all development in the City of Summit, including, but
not limited to, single- and two-family, site plan and subdivision
applications as applicable. These requirements shall not supersede
specific design criteria established in any particular zone.
C.
Awnings and canopies.
1.
Awnings and canopies are encouraged at the ground-floor level of
multifamily, mixed-use and nonresidential buildings.
2.
For buildings with multiple storefronts or tenant spaces, awnings
and canopies may vary by tenant in terms of material, color, size
and design but shall be the same for any individual tenant.
3.
Awnings and canopies shall be designed with a minimum vertical clearance
of seven feet and shall not extend more than six feet into the required
front and rear yard setback or more than three feet into the required
side yard. In addition, awnings in the CRBD Zone may extend above
a sidewalk within the right-of-way not to exceed a maximum projection
of six feet from the building wall to which it is affixed.
4.
A maximum number of four colors, inclusive of black and white, are
permitted per tenant.
D.
Circulation.
1.
The Board shall consider pedestrian and vehicular traffic movement
within and adjacent to a lot or tract with particular emphasis on
the provision and layout of parking areas, off-street loading and
unloading, movement of people, goods and vehicles from access roads,
within the lot or tract, between buildings and between buildings and
vehicles. In site plans, the Board shall determine which roads shall
be public and which shall remain private.
2.
The Board shall ensure that all parking areas are landscaped in accordance with § 35-14.1L and spaces are usable and are safely and conveniently arranged. Access to a lot or tract from adjacent roads shall be designed so as to interfere as little as possible with traffic flow and to permit vehicles a safe ingress and egress to the lot or tract.
3.
The circulation plan of each development shall reflect the Master
Plan's circulation plan element. Major access improvements in critical
environmental areas shall be discouraged. The location and provision
of bikeways, sidewalks and other pedestrian linkages shall be encouraged
and clearly indicated.
E.
Conformance with Master Plan.
1.
All developments shall conform to the proposals, conditions, goals
and objectives set forth in the City's Master Plan, which may be found
on the City's website at: https://www.cityofsummit.org/DocumentCenter/View/1396/2000-City-of-Summit-Master-Plan?bidld=
2.
Streets, public drainageways, flood control basins and other public
areas shown in the Master Plan shall be shown on the plan of a proposed
development in locations and sizes suitable to their intended uses.
The Board may reserve the locations and extent of such public areas
in accordance with the requirements of N.J.S.A. 40:55D-44.
F.
Drainage and stormwater management. Part III of this chapter provides development requirements for stormwater management and drainage.
G.
Driveways, gutters and sidewalks.
1.
In all zones, street sidewalks shall conform to City specifications.
2.
In all zones, curbs and associated gutter areas along municipal roads
shall conform to City specifications, along county roads shall conform
to county specifications, and along state roads shall conform to New
Jersey Department of Transportation specifications. In each case,
the applicant shall seek permits and approvals from the appropriate
agency.
3.
With the exception of single-family and two-family residential lots,
off-street curbs, driveways, gutters and sidewalks in all zones shall
conform to City specifications.
H.
Easements.
1.
Easements for utility and drainage installations shall be along side
or rear property lines where possible. Such easements shall be of
sufficient width to accommodate the facilities, including access for
maintenance, but shall not be less than 20 feet wide. Whenever possible,
the facilities shall be located at the proximate center of the easement.
2.
The removal of trees and ground cover shall be prohibited in a conservation
easement or floodplain except for the following purposes: the removal
of dead or diseased trees; limited thinning of trees and growth to
encourage the most desirable growth; and the removal of trees to allow
for structures designed to impound water or in areas to be flooded
in the creation of ponds or lakes. Proposed tree removals shall be
subject to the review and approval of the City Forester.
3.
All easements shall be shown on the plat and described in the deed
and shall be clearly labeled and dimensioned to permit accurate location
of easement limits.
4.
Excluding individual single- and two-family isolated lots, internal
grading of a lot as by swale, berm, or other topographical feature
designed to intercept or direct waters shall be dedicated by recorded
instrument and described in the deed in such a way as to give notice
to future owners of said property and ensure continued maintenance
of the drainage feature.
5.
Easements for a particular land feature or purpose may be requested
by an applicant for development and/or required by the approving authority.
I.
Environmental considerations. Environmental elements relating to the prevention of soil erosion, protection of significant vistas or views, preservation of trees and protection of watercourses, resources, topography, wellhead protection areas, soil and animal life shall be reviewed, and the design of the plan shall minimize any adverse impact on these elements. Development requirements pertaining to floodplains, wetlands, steep slopes and stormwater management are provided in Part III of this chapter.
J.
Exterior mechanical equipment.
1.
Electrical and mechanical equipment, including generators and air-conditioning
units, shall be located within the interior of a building wherever
possible. When an interior location is not practical, such equipment
shall be placed in a location where it can be substantially screened.
Roof-mounted equipment shall be hidden with parapets or screens of
materials which are in harmony with the building's architecture. Process
equipment such as stacks, hoppers, compactors, bins, storage vessels,
blowers, compressors, piping, ducting, conveyors and the like shall
be located and screened so as to minimize the visual impact. Screening
materials shall be located within 10 feet of the equipment which they
are intended to conceal.
2.
Ground-level utilities shall be screened so as to be unobtrusive
when viewed from the public rights-of-way and adjacent uses with screening
provided within 10 feet of the equipment.
3.
Exterior nonresidential mechanical equipment, including heat pumps,
air-conditioning condensers and generators, shall be located in accordance
with the following:
a.
In the side yard, in accordance with the required side yard
setback for the zone, except that such equipment may encroach not
more than three feet into the required setback, but in no case shall
be located less than five feet from the property line. Any equipment
that encroaches into the required side yard setback must be permanently
fenced at least to the height of the equipment.
b.
Equipment located in the front yard shall meet the minimum required
front yard setback for principal buildings in the zone. Any such equipment
located in the front yard must be screened with dense landscaping.
c.
Equipment located in the rear yard shall have a minimum required
setback of 25 feet in all nonresidential zones, except in the CRBD
Zone wherein the minimum required rear yard setback shall be 10 feet.
4.
Exterior residential mechanical equipment, including heat pumps,
air-conditioning condensers and generators, shall be located in accordance
with the following:
a.
Within the R-25, R-43, TH-1, TH-2 and multifamily zones, air-conditioning
units and generators shall have a minimum required setback of 15 feet
from side lot lines and a minimum required rear yard setback of 25
feet.
b.
Within the R-5, R-6, R-10, R-15 and RAH-1 Zones, air-conditioning
units shall have a minimum required side yard setback of five feet,
generators shall have a minimum required side yard setback of 10 feet,
and both air-conditioning units and generators shall have a minimum
required rear yard setback of 25 feet.
[Amended 5-18-2021 by Ord. No. 21-3235]
c.
Air-conditioning units and generators in the front yard shall
comply with the minimum required principal building front yard setback,
except in multifamily zones the minimum required front yard setback
shall be 25 feet. Any equipment located in the front or side yard
must be screened with dense landscaping and/or solid fencing.
d.
Air-conditioning units and generators shall be located a maximum
of 15 feet from the principal building which they are intended to
serve. Generators must be located at least five feet from the doors
and windows of a dwelling.
e.
Air-conditioning units and generators serving detached structures
shall have minimum required side and rear yard setbacks of 25 feet
and shall not be permitted in the front yard.
f.
Permitted scheduling for regular generator testing is limited
to Monday through Friday from noon until 4:00 p.m.
K.
Fences, walls or wall-like structures.
1.
Purpose. The purpose of this subsection is to establish requirements
governing the construction, erection or installation of any fence,
wall or wall-like structure, including shrubs, hedges and the like,
located on or within the boundary lines of any lot or parcel of land
within the limits of the City of Summit. The requirements set forth
herein are designed to prevent the construction of such fences, walls
and wall-like structures in such a manner as to constitute a nuisance
or restrict visibility through or across such lands at locations where
such visibility is necessary for the safe operation of vehicles passing,
entering or leaving any lot or parcel of land located on a public
thoroughfare.
2.
Permit. A zoning permit shall be obtained for all fences prior to
the construction, erection, or installation of any fence. A construction
permit shall be obtained from the Construction Official for any fence,
wall or wall-like structure that is subject to the Uniform Construction
Code.
3.
Fences, walls or wall-like structures, including retaining walls,
shall be considered as accessory to a principal permitted use and
shall be permitted in accordance with the standards set forth below.
4.
Type of fence or wall. The following list is not exhaustive but represents
common fence and wall types. Fences may be solid, semi-open, or open,
depending on the density of the materials and the area of openings.
Translucent, transparent or clear plastic or similar materials shall
not be permitted.
Solid (90% or more)
|
Semi-Open (25% up to 90%)
|
Open (Up to 25%)
|
---|---|---|
Solid picket
|
1 x 2 wood screen
|
Post and rail (split or dowel-end)
|
Board (stockade or similar)
|
Contemporary picket
| |
Board-on-board
|
Wrought-iron styles
| |
Louver panel
|
Chain-link
| |
Panel
|
Metal vertical rail
| |
1 x 4 wood screen
| ||
Masonry
|
NOTE: "Openness" is defined as the total area of solid element
divided by the total area of the fence.
|
5.
Maximum height and location.
a.
Fences shall have maximum height of seven feet above grade and
shall not be considered a building with regard to side and rear yard
requirements as illustrated in Appendix G at the end of this chapter.[2]
(1)
Within any front yard, fences shall not exceed a height of four
feet above grade, except that any solid fence, wall or wall-like structure,
hedge or shrubbery not exceeding 30 inches above the top of the curb
or the center line grade of the road may be constructed, erected or
planted within five feet of the front property line.
(2)
An open fence up to four feet in height may be installed within
any front yard up to and along the front property line.
[2]
Editor's Note: Appendix G is included as an attachment to this chapter.
b.
Any combination of fence and retaining walls shall not exceed
10 feet.
6.
General regulations for fences and walls.
a.
No fence, wall or wall-like structure shall be constructed,
erected or placed within the dedicated public right-of-way, nor within
a required sight triangle, nor in any case within 10 feet inside the
curbline of any public thoroughfare nor within 25 feet of the intersection
point of the curblines of two streets. These dimensions shall be measured
to the center line of a fence, the outer face of a wall, or the extreme
horizontal projection or maintained trim line of the plants on the
street side.
b.
No fence or wall shall be so constructed or installed so as
to constitute a hazard to traffic or safety.
c.
The face or finished side of a fence or wall shall face the
adjacent property.
d.
No fence or wall shall be constructed with barbed wire, metal
spikes, electrified conductors or other such dangerous material or
constructed in such manner as to be dangerous to animals or humans.
e.
Split-rail fences up to four feet in height used at front property
corners as part of a general landscaping or decorative plan shall
be exempt from the provisions of this subsection, except that such
decorative elements shall not be installed or erected within the right-of-way
or within the sight triangle.
7.
Swimming pool fences. Every private swimming pool shall have a fence
enclosure which complies with the Uniform Construction Code.
8.
Hedges and other landscaping. Hedges and other landscaping shall
not be located so as to constitute a hazard to traffic or safety,
and in no case shall hedges be installed within 10 feet of the curbline
or the edge of the pavement.
a.
Any brush, hedges, shrubbery or other plant life presently growing
within 10 feet of the curbline or within the public right-of-way of
any street or within 25 feet of the intersection of the curblines
of two streets shall be cut and maintained to a height of not more
than 30 inches above the elevation of the edge of the adjacent street
pavement where it shall be necessary and expedient for the preservation
of the public safety. Such brush, hedges, shrubbery or other plant
life shall not overhang the curb, edge of the pavement or adjacent
sidewalk.
b.
When such plant life is not so cut or maintained, and within
10 days after notice to cut the same, the owner or tenant shall have
refused or neglected to cut such plant life, the Department of Community
Services shall cause the cutting to be done, and shall certify the
cost thereof to the Common Council. The Council shall examine the
certificate and if found correct and reasonable shall cause the cost
to be charged against said lands. The amount so charged shall forthwith
become a lien upon such lands and shall be added to and become a part
of the taxes next to be assessed and levied upon such lands. It shall
bear interest at the same rate and shall be collected and enforced
in the same manner as taxes.
L.
Landscaping.
1.
General.
a.
Site plan applications shall require a landscape plan prepared
by a landscape architect licensed by the State of New Jersey State
Board of Landscape Architects, or other qualified licensed individual
as accepted by the appropriate Board.
b.
Landscaping shall be provided as part of any site plan design
and integrated into building arrangements, topography, parking and
buffering requirements. Landscaping shall include a combination of
trees, bushes, shrubs, ground cover, perennials, annuals, plants,
sculpture, art and/or the use of building and paving materials arranged
in an imaginative, context-focused manner to provide aesthetic enhancement
and/or a functional purpose such as screening or as part of a stormwater
retention system. Landscape plans shall be considered for year-round
impacts.
c.
Landscaping shall be located to mitigate the effects of climate
on the building, and to accent, soften and complement buildings.
d.
Landscaping shall be provided in public areas, parking areas,
recreation sites and adjacent to buildings.
e.
A variety and mixture of landscaping plants and materials shall
be provided to enhance the property through colors, textures, shapes,
blossoms, foliage, and season while at the same time minimizing susceptibility
to disease.
f.
Any landscaping shown on an approved site plan or required as
a condition of approval by either the Planning Board or Zoning Board
of Adjustment shall be maintained in perpetuity and shall be replaced
if damaged or destroyed by any means.
2.
Design requirements.
a.
All lot areas not occupied by buildings, parking areas, patios,
walkways and/or any other impervious surface shall consist of lawn
area, ground cover, or landscape plantings, provided further that
a minimum of 5% of the lot area shall have landscape plantings, excluding
lots in the CRBD, B, NB and PI Zones and as otherwise regulated in
this chapter.
b.
Entrances to nonresidential lots shall be given special landscaping
treatment.
c.
Irrigation systems shall be installed to support landscape plantings
as determined to be feasible and necessary by the appropriate board.
d.
Landscaping in parking areas shall be provided in accordance
with this article or as otherwise regulated in this chapter.
f.
Local soil conditions and water availability shall be considered
in the choice of landscaping.
g.
Grass and/or ground cover shall be required between the front
property line and the curbline.
h.
Ground cover shall be used to prevent erosion.
i.
Vines and climbing plants shall be considered for large expanses
of wall.
j.
The impact of any proposed landscaping plan at various time
intervals shall be considered. The plan should avoid shrubs that may
grow and eventually block sight distances or foundation plants that
may block out buildings.
k.
Existing large trees shall be saved by not varying the grade
around the trees by more than six inches to 12 inches, by construction
of tree wells and by erecting protective fences. Clumps or masses
of trees shall be protected.
l.
Tree removals, plantings or protections must be approved by
a New Jersey Licensed Tree Expert (LTE).
m.
Grouping of trees shall be considered at critical points.
n.
Smaller trees shall be used on narrow streets and under utility
lines.
o.
Deciduous trees shall be a minimum of 2 1/2 inches to three
inches caliper at planting, and evergreen trees shall be at least
four feet tall. All trees shall be balled and burlapped and be of
specimen quality as established by the American Association of Nurserymen.
q.
Existing trees located within 10 feet of any street right-of-way
shall be maintained unless shown to be removed as part of an approved
plan. The existing grade within that space shall not be disturbed
without such approval.
r.
Impervious materials shall not be used in any landscape area.
Weed-retardant mulch, porous nonwoven synthetic landscape fabric or
other materials shall be used.
3.
Guarantee. Any required landscaping that dies within two years of
planting shall be replaced with like kind and size(s) by the developer
at the developer's sole expense. This requirement shall become part
of the developer's agreement with the City. Landscaping shown on any
approved site plan shall be maintained and replaced in perpetuity
as needed by the property owner thereafter.
M.
Lighting.
1.
Purpose. Regulation of outdoor lighting and recreational/sports facility
lighting is necessary to prevent the cause of unnecessary sky glow,
to prevent light trespass and to reduce unnecessary glare caused by
inappropriate or misaligned light fixtures and/or the inappropriate
location of light poles. These standards are intended to save energy
and reduce costs and to preserve and protect adjacent properties from
negative lighting impacts.
2.
Requirements. All outdoor light fixtures installed and thereafter
maintained shall comply with the following requirements:
a.
The maximum height of all light fixtures shall not exceed 15
feet except as otherwise regulated in this chapter, except as may
otherwise be required by law.
b.
All light fixtures shall be designed, installed and maintained
to prevent trespass light.
c.
Site lighting shall not include any uplighting fixture, except
as follows:
(1)
Lighting fixtures used to illuminate the state or national flag
mounted on a pole, pedestal or platform shall use a narrow column
beam of light that will not extend beyond the maximum extensions of
the illuminated object.
(2)
Lighting fixtures directly focused upon on-site landscaping
or architectural features, the sources of which cannot be seen from
adjacent properties or rights-of-way and do not generate excessive
light trespass as regulated in this chapter.
d.
Lighting fixtures shall contain appropriate shielding to direct
light and minimize unnecessary glare and sky glow. Lighting fixtures
shall be dark-sky compliant or the equivalent. Any fixture mounted
above 10 feet shall have no more than 10% of its light distribution
at a vertical angle of 80° above nadir (the lowest point) and
2.5% at an angle of 90° above nadir (the lowest point).
e.
Illumination levels shall not exceed those recommended in the
IESNA Lighting Handbook, 8th Edition, as amended from time to time.
f.
The design and installation of outdoor lighting on a site shall
be constructed so as to conform to the following standards:
(1)
All outdoor lighting during nonoperating hours of a business
or sports or recreational facility on site not necessary for safety
and security purposes shall be reduced, activated by motion-sensor
devices or turned off. Such lighting may be turned on one hour prior
to the opening of a business or facility and may remain on until one
hour after the business or facility closes.
(2)
All lighting shall be designed to prevent misdirected or excessive
artificial light and to maximize energy efficiency.
g.
Luminance requirements.
(1)
Streetlighting. Average maintained luminance shall not exceed
Illuminating Engineering Society of North America ("IESNA") recommendations.
IESNA average to minimum luminance uniformity ratios are to be used
for the design of roadway lighting.
(2)
Outdoor parking facilities. Average maintained luminance and
uniformity ratios shall not exceed IESNA recommendations.
h.
Lighting fixtures shall not exceed a color temperature of 3,500
Kelvin.
i.
The style of the light and light standards shall be consistent
with the architectural style of the principal building or surrounding
area.
j.
Floodlight-type fixtures shall be prohibited.
k.
Freestanding lights shall be so located and protected to avoid
being damaged by vehicles.
l.
The maximum illumination at property lines shall be 1/10 footcandle
at grade.
m.
All wiring shall be laid underground.
n.
No lighting shall be of a yellow, red, green or blue beam nor
be of a rotating, pulsating or other intermittent operation.
o.
Bare bulbs or tubes are prohibited, excluding cafe- or bistro-style
lights utilized for outdoor dining, public spaces or residential development.
p.
String lights or lengths of LED lighting around any architectural
element of a building shall be prohibited, excluding holiday lights.
N.
Nuisance elements.
1.
General.
a.
No use shall be conducted in such a way that it causes nuisance
factors as defined in this chapter. The determination of the existence
of nuisance elements shall be made at the following locations:
Nuisance Characteristic
|
Location of Test
|
---|---|
Smoke
|
Vent or smokestack
|
Air pollution, including solid particles or fly ash
|
Vent or smokestack
|
Odors
|
Property line
|
Liquid waste
|
Property line
|
Solid waste
|
Property line
|
Noise
|
Property line
|
Vibration
|
Building wall
|
Trespass lighting
|
Property line
|
Temperature change: gas, liquid or solid
|
Vent or smokestack/property line
|
Open burning
|
Point of source
|
b.
Continued compliance with the performance standards stated herein
shall be a requirement for the continued occupancy of any structure
or the operation of any process or equipment.
2.
Requirements to be enforced.
a.
Air pollution.
(1)
General. No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to property or which interfere unreasonably with the comfortable enjoyment of life and property anywhere in the City. All provisions of Title 7, Chapter 27 of the New Jersey Administrative Code (N.J.A.C.), or the regulations contained in this section, whichever shall be more stringent, shall apply.
(2)
Smoke. In any nonresidential zone, no smoke, the shade or appearance
of which is darker than No. 1 on the Ringelmann Smoke Chart, shall
be emitted into the open air from any fuel-burning equipment; provided,
however, that smoke emitted during the cleaning of a firebox or the
building of a new fire, the shade or appearance of which is not darker
than No. 2 on the Ringelmann Smoke Chart, may be permitted for a period
or periods aggregating no more than three minutes in any 15 consecutive
minutes. Smoke emissions from the combustion of fuel and mobile sources
and from stationary internal combustion engines shall not exceed the
limits set forth in N.J.A.C. 7:27.
(3)
Odors. In any zone, no odorous material may be emitted into
the atmosphere in quantities sufficient to be detected.
b.
No open burning shall be permitted in any district, excluding
outdoor fireplaces, grills or fire pits.
c.
Wastes.
(1)
Liquid wastes. No liquid waste (other than private swimming
pool discharge water) shall be discharged into the stormwater system
or into any watercourse in the City without all necessary permits
from the New Jersey Department of Environmental Protection (NJDEP).
No liquid waste shall be discharged into the public sewage collection
and disposal system unless the appropriate City official shall have
first investigated the character and volume of such wastes and shall
have certified that the City will accept the discharge of such waste
material into the system. The applicant shall comply with any requirements
of said officials, including the pretreating of such wastes, the installation
of processing methods, separation or screening of wastes, control
of pH and other methods of improving such wastes prior to discharge,
as a condition of approval of such facilities.
(2)
Solid waste. Each property owner shall be responsible for:
(a)
Adequate and regular collection and removal of
all refuse, except where the City assumes such responsibility, as
provided in the Revised General Ordinances.
(b)
Compliance with all applicable provisions of the
NJDEP.
(d)
No accumulation on the property of any junk or
other objectionable materials except in designated trash receptacles.
d.
Noise. All properties and uses shall comply with the provisions
of N.J.A.C. 7:29 and the City of Summit Revised General Ordinances.
e.
Vibration. In any zone, vibrations discernible without instruments
at the measuring location shall not be permitted.
f.
Trespass lighting. It is the intent of these performance standards
to ensure that both direct and indirect glare, to the extent possible,
are eliminated or that activities producing such glare are carried
on within a structure. Necessary glare-producing devices such as glazing,
roadway and walkway lighting shall be designed, constructed and maintained
in such a manner as not to be a nuisance to surrounding uses.
g.
Temperature change. Any use or process shall not produce a temperature
change greater than 3° C. at the measuring location.
h.
Fire and explosive hazards. If it appears that any proposed
use, structure, process or resulting product or material may constitute
a fire or explosion hazard, the administrative officer or applicable
Board may require the applicant to supply proof of:
(1)
Approval of the use, structure, process or resulting product
or material from the State Department of Labor, indicating that adequate
safeguards against fire and explosion have been taken or installed.
(2)
Approval from the City of Summit Fire Department that the applicant
has complied with all applicable City fire prevention regulations.
O.
Off-tract improvements. An applicant may be required, as a condition
for approval of a subdivision or site plan, to pay his pro rata share
of the cost of providing only reasonable and necessary street improvements
and water, sewerage and drainage facilities, and easements therefor,
located outside the property limits of the subdivision or development
but necessitated or required by construction or improvements within
such subdivision or development.
P.
Parking and loading (off-street).
1.
Where applicable, the residential site improvement standards (RSIS),
as amended from time to time, shall apply.
2.
General provisions for multifamily, mixed-use and nonresidential
development. All off-street parking areas for nonresidential, multifamily
uses or mixed uses and all off-street parking areas in nonresidential
zones shall meet all of the following requirements:
a.
All off-street parking areas shall be subject to site plan approval
by the Planning Board or by the Zoning Board of Adjustment. The Board
shall consider the effect of any parking area upon traffic safety,
abutting properties, immediate and unhindered access for emergency
and service vehicles and shall ascertain that all requirements of
this article are met.
b.
All off-street parking areas shall be surfaced with two inches
compacted thickness of bituminous concrete on a minimum of five-inch,
compacted thickness, crushed-stone base and shall be so graded and
drained as to dispose of all surface waters as approved by the City
Engineer or shall be completely sheltered (garages), underground or
on the roof and shall be located either in the required rear yard
or in the buildable area of the lot on which the building is located.
c.
All parking spaces within any parking area shall be clearly
marked with double white hairpin stripes to show the parking arrangement
within the said parking area and shall conform to City specifications.
d.
All lighting for off-street parking areas shall conform to the
lighting requirements of this chapter.
e.
All parking areas shall provide granite block or concrete curbing
around the entire pavement perimeter at a height of six inches above
the paved surface.
f.
All parking or loading areas in nonresidential zones shall provide
a five-foot-wide buffer between the adjoining properties, planted
with appropriate evergreen shrubs so as to create an effective screening.
g.
No driveway shall be located closer than two feet to a side
property line, unless a joint driveway is provided with the adjoining
lot.
h.
All such parking areas shall be used only for the parking of noncommercial vehicles, except as otherwise provided for accessory structures and uses in Part II of this chapter. No commercial repair work, storage or sales of any kind shall be conducted in any parking areas. The area used for the display for sale of new or used cars as permitted in this chapter shall be construed as sales area and not parking.
i.
Off-street parking facilities shall be located as hereinafter
specified in this chapter. Where a distance is specified, it shall
be the distance measured from the nearest point of pedestrian access
to the building or structure that such area is required to serve.
For all multifamily residential buildings and structures, regardless
of the zone in which they may be located, and for all nonresidential
buildings and structures, required parking shall be provided on the
same lot with the building.
j.
All curbing, pavement striping, lighting, fencing, shrubs, trees
and other plantings shall be maintained in a professional manner and
shall be replaced or repaired at the cost and expense of the applicant
or its successor, in the event of loss or destruction, within 45 days
of notice served by the Department of Community Services.
k.
All parts of all yards not used for off-street parking areas
or other permitted uses shall be adequately landscaped, subject to
approval by the Planning Board or other approving authority and maintained
in good condition.
l.
In outdoor parking lots of 10 or more spaces, at least 10% of
the parking area shall be suitably landscaped, including landscape
plantings around the perimeter of the parking area and at least one
shade tree for every 10 parking spaces.
m.
Street trees shall be provided along all rights-of-way at a
minimum spacing to be approved by the City Forester.
n.
Parking and traffic circulation plans shall include sufficient
aisles and spaces to adequately accommodate pickup and drop-off for
all programs contained within the structure and so arranged to avoid
use of the public right-of-way for such activities.
o.
Loading areas shall be screened with landscaping, fencing, berms,
walls or any combination thereof, and such screening shall not be
less than six feet in height. The screening shall be sufficient to
obscure the view of parked vehicles, loading platforms and loading
activities. The recommended method of screening shall consist of walls
and gates compatible in color and texture with the building material,
buffered by deciduous and evergreen shrubs and trees, so as not to
be visible from neighboring properties and streets.
3.
Off-lot parking. In the event hardship is proved in providing the
required parking on the same lot as the building served, the approving
authority may approve off-lot parking, provided:
b.
The off-lot space is held by the same owner in fee simple title
or other acceptable form of land control, which may include a lease
of at least five years; and
c.
The land shall not be alienated from the parent parcel or devoted
to other use, and this restriction shall be reflected in the deed.
4.
Central Retail Business District (CRBD) parking. No off-street parking
or loading spaces shall be required for buildings located in the Central
Retail Business District for a floor area ratio up to or equal to
225%. However, an increased floor area ratio up to and equal to a
300% aggregate is permitted for residential uses above the first floor
if a parking space is provided for each residential unit created above
the floor area ratio of 225%. Parking shall be at a rate of one parking
space for each additional dwelling unit generated above the 225% floor
area ratio, or as may otherwise be required by residential site improvement
standards (RSIS) N.J.A.C. 5:21-1 et seq. The property owner will demonstrate
parking availability for those units at the time of the site plan
approval and the parking requirements may be satisfied through the
following mechanisms:
a.
Demonstration that parking is available on site; or
b.
The property owner shall purchase an overnight parking permit
or permits from the City's Parking Services Agency to be renewed annually
through said Agency. The requirement for the purchase of a permit
shall be secured as a deed restriction at the time of the site plan
approval.
5.
General provisions for off-street parking in residential zones. All
off-street parking areas for residential uses in residential zones
shall meet the following requirements.
a.
All parking areas shall be located either in the required rear
yard or in the buildable area of the lot on which the building served
is located. If located in the required rear yard, a five-foot-wide
buffer, planted with evergreen shrubs so as to create an effective
screening, shall be required along adjoining property lines at least
three feet in height for the purpose of shielding vehicle headlights.
b.
No driveway shall exceed a grade of 10% nor be located closer
than two feet to a side property line.
c.
Gravel or crushed-stone driveways shall be permitted and shall
have permanent or semipermanent edging, capable of preventing the
gravel or stone from spreading outside of the driveway area.
d.
Enclosed parking spaces (garages) must be used for residents
of the principal structure.
6.
Required minimum parking in residential and nonresidential zones.
a.
In all residential and nonresidential zones, off-street parking
shall be provided as follows:
Land or Building Use
|
One Space for Each:
|
---|---|
Adult day care
|
300 square feet gross floor area (gfa)
|
Assembly hall, auditorium, stadium, theater
|
3 seats
|
Banks and financial businesses
|
300 square feet of gfa
|
Boardinghouse, rooming house
|
1 bedroom
|
Breweries, brewpubs, wineries and similar
|
3 spaces per 1,000 square feet gfa
|
Club, lodge, social, community center building or similar use
|
6 parking spaces minimum, plus 1 additional parking space for
each 250 square feet gfa.
|
Commercial gym, health club, sport or athletic facility
|
200 square feet gfa
|
Child-care/day-care facilities
|
3 parking spaces minimum, plus 1 additional parking space for
each staff member
|
Educational institutions
|
2.5 per classroom for nursery schools; 2 per classroom for grades
K through 10; 3.5 per classroom for grades 11 and 12
|
Galleries and museums
|
3 spaces per 1,000 square feet gfa
|
Funeral home, mortuary
|
50 square feet gfa
|
Hospital, nursing home
|
1 bed
|
Hotel
|
1.42 bedrooms
|
House of worship
|
3 seats or 10 square feet of gross floor area, whichever is
greater
|
House in R-43, R-25, R-15, R-10 Zones
|
Per RSIS; 2 spaces must be provided in enclosed garage
|
House or dwelling unit in R-6, R-5, RAH-1, TH-1, TH-2, MF or
MFT Zones
|
Per RSIS; 1 space must be provided in enclosed garage
|
House or dwelling unit in all other zones
|
Per RSIS
|
Industry, research, mfg
|
700 square feet gfa
|
Institutional and philanthropic
|
250 square feet of program space
|
Instructional schools
|
200 square feet of gfa
|
Medical and dental offices, urgent care facilities
|
150 square feet gfa
|
Motor vehicle sales
|
200 square feet sales area
|
Offices
|
300 square feet gfa
|
Religious retreat, convent
|
4 beds
|
Retail food establishment
|
200 square feet of gfa
|
Retail sales and services
|
200 square feet of gross floor area (gfa)
|
Restaurant
|
50 square feet gfa
|
Service stations
|
0.2 bays and 1 per pump island
|
Storage, warehouse
|
1,000 square feet gfa
|
7.
Mixed-uses. Total parking space shall equal the sum of the required
parking spaces for all the uses computed separately.
9.
Minimum required loading spaces.
a.
In any zone except the CRBD, every building or part thereof
hereafter erected or altered, which is arranged, intended or designed
to be used for hospital, office, manufacturing, industrial or other
commercial use, for warehouses or supply houses, or for retail or
wholesale stores shall provide loading spaces in accordance with the
following minimum schedule:
Minimum Loading Requirements
| |||
---|---|---|---|
Gross Floor Area at Which the First Berth is Required
|
Gross Floor Area at Which the Second Berth is Required
|
Number of Additional Square Feet for Each Additional Berth
| |
Assembly operations
|
*
|
40,000
|
30,000
|
Auto sales
|
*
|
40,000
|
40,000
|
Cemetery
|
None required
| ||
Community center
|
None required
| ||
Dwelling unit
|
None required
| ||
Financial institutions
|
10,000
|
100,000
|
100,000
|
Finishing operations
|
*
|
40,000
|
30,000
|
Hospital
|
*
|
100,000
|
100,000
|
Hotel
|
*
|
100,000
|
100,000
|
House of worship
|
None required
| ||
Industrial
|
*
|
40,000
|
30,000
|
Library
|
None required
| ||
Manufacturing
|
*
|
40,000
|
30,000
|
Medical and professional offices
|
3,000
|
40,000
|
40,000
|
Offices
|
3,000
|
100,000
|
100,000
|
Receiving
|
*
|
40,000
|
30,000
|
Research
|
*
|
40,000
|
40,000
|
Restaurant
|
*
|
25,000
|
20,000
|
Retail Store
|
*
|
20,000
|
20,000
|
Shipping
|
*
|
40,000
|
30,000
|
Storage area
|
*
|
40,000
|
30,000
|
Utilities
|
10,000
|
100,000
|
100,000
|
Veterinarian hospital
|
*
|
100,000
|
100,000
|
Warehouse
|
*
|
40,000
|
30,000
|
NOTE: *Minimum of one space required.
|
b.
When more than one use is located in a building or where multiple
uses are designed as part of a shopping center, industrial complex,
or similar self-contained complex, the number of loading spaces shall
be based on the cumulative number of square feet within the building
or complex, shall be dispersed throughout the site to best serve the
individual uses, and shall be part of site plan approval.
c.
If a tract of at least 25 acres has no portion of a loading
area, including maneuvering areas, closer than 200 feet to any property
line and where the length of the driveway connecting the loading area
to the street is at least 300 feet long, the number of off-street
loading spaces may be less than the number required by the schedule,
provided the applicant shall document on the site plan how the number
of spaces to be provided will be adequate to meet the needs of the
specific use.
10.
Size and design. All layouts, except those for single-family
and two-family houses that are not otherwise part of a development
application, require site plan approval by the approving authority.
a.
Parking spaces shall be nine feet by 18 feet, excluding dedicated
handicap parking stalls. All parking stalls shall be marked with double
white hairpin striping approved by the City Engineer. Where a vehicle
can overhang the edge of the lot without interfering with a planting
area, stall length may be reduced by two feet. Minimum widths of access
aisles shall be related to the angle of parking stalls and use of
one-way or two-way traffic as follows:
Parking Angle
(degrees)
|
Aisle Width
(feet)
|
Traffic Direction
|
---|---|---|
45
|
18
|
One-way
|
60
|
20
|
One-way
|
90
|
23
|
One- or two-way
|
b.
All other angles of parking and aisle widths shall be determined
and approved by the approving authority. No traffic aisle shall dead
end.
c.
Parallel parking spaces shall be a minimum of 24 feet long and
marked with white painted Ls for terminal spaces and Ts for intermediate
spaces. The pavement markings shall be placed so as to provide for
eight-foot stall widths. Where parallel parking spaces are utilized
opposite angle or perpendicular parking spaces, the aisle widths set
forth in this article shall be increased by two feet.
d.
Parking lots which have assigned spaces may provide up to 30%
of the spaces at a minimum size of 8 1/2 feet by 18 feet.
e.
All parking and loading spaces and driveways for uses other
than single-family and two-family houses shall be so arranged so that
cars and trucks may turn around on the lot so that it is not necessary
to back into any street.
f.
Any off-street loading space shall be not less than 12 feet
wide, 60 feet long, and 14 feet high having direct usable access to
a street or alley. The off-street loading space shall be located on
the property so as to permit any vehicle to be parked in the loading
space with no portion of the vehicle extending into the public street.
Q.
Refuse storage and disposal. Solid waste storage and disposal shall
be subject to the requirements of the Revised General Ordinances,
Health Ordinances, and the following supplementary regulations:
1.
For all uses and structures, there shall be a minimum of one solid
waste pickup location located either within or outside a building
in steel-like or other approved, totally enclosed container(s). If
located within a commercial or industrial building, the doorway(s)
may serve both the loading and trash/garbage collection functions.
If located outside the building, it may be located adjacent to or
within the loading area(s), provided the container(s) in no way interfere
with or restrict the required loading functions.
2.
Outdoor refuse and recycling containers shall be visually screened
within a constructed enclosure, in harmony with the building, so as
not to be visible from adjacent lots or sites, neighboring properties
or streets.
3.
No refuse or recycling storage area shall be located so as to prevent
natural runoff from such areas or impair the existing water quality
of any stream, watercourse or aquifer.
4.
All materials or wastes which might cause fumes, dust, odor or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored outdoors only if enclosed in
sealed and covered watertight containers which are adequate to eliminate
such hazards. Plastic bags are not acceptable.
5.
Refuse and recycling collection areas shall be effectively designed
to contain all refuse generated on site and deposited between collections.
6.
Refuse and recycling collection enclosures shall be designed of durable
materials with finishes and colors which are unified and harmonious
with the overall architectural theme.
7.
Medical, hazardous or other regulated waste shall meet the state
and federal standards for disposal of such materials.
R.
Sight triangles.
1.
Sight triangles shall be required at each quadrant of an intersection
of streets, and streets and driveways other than those serving one-
and two-family dwellings.
2.
The area within sight triangles shall be either dedicated as part
of the street right-of-way or maintained as part of the lot adjoining
the street and set aside on any subdivision or site plan as a sight
triangle easement.
3.
Within a sight triangle, no grading, planting or structure shall
be erected or maintained more than 30 inches above the center line
grade of either intersecting street or driveway or lower than eight
feet above their center lines, excluding street name signs and official
traffic regulation signs and poles up to one foot in diameter to support
signals.
4.
Where any street or driveway intersection involves earth banks or
vegetation, including trees, the developer shall trim such vegetation
and trees as well as establish proper excavation and grading to provide
the sight triangle.
5.
Distances.
a.
The sight triangle is that area bounded by the intersecting
street curblines and a straight line which connects sight points located
on each of the two intersecting street lines and the following distances
away from the intersecting curblines:
b.
The locations of these streets are illustrated in the Street
Classification Map located in Appendix I at the end of this chapter.[5]
[5]
Editor's Note: Appendix I is included as an attachment to this chapter.
6.
Where the intersecting streets are both arterial, both collectors
or one arterial and one collector, two overlapping sight triangles
shall be required which are formed by connecting the sight points
noted above with a sight point 35 feet on the intersecting street.
7.
Any proposed development requiring site plan approval shall provide
sight triangle easements at each driveway with the driveway classified
as a local street for purposes of establishing distance. The classifications
of existing and proposed streets shall be those shown on the Street
Classification Map located in Appendix I at the end of this chapter.[6]
[6]
Editor's Note: Appendix I is included as an attachment to this chapter.
8.
A sight triangle easement dedication shall be expressed on the plat
as follows: "Sight triangle easement subject to grading, planting
and construction restrictions as provided for in the City of Summit
Development Regulations Ordinance."
9.
Portions of a lot set aside for the sight triangle may be calculated
in determining the lot area and may be included in the minimum setbacks
required by the zoning provisions. Existing lots and developments
shall be subject to the sight distance objectives of this section
even in those situations where a sight triangle easement is not recorded.
10.
For all design criteria not specifically addressed above, the
developer shall submit plans and support data to show compliance with
the latest edition of the American Association of State Highway and
Transportation Officials (AASHTO) manual titled "A Policy on Geometric
Design of Highways and Streets."
S.
Signs.
1.
Purpose. To provide each business enterprise with equal visibility,
it must be protected from being masked by overhanging signs or virtually
obliterated by nearby signs of incongruous shape, size, design or
device. The appearance and visual peace of the community must also
be protected by prevention of devices which tend to make the diversion
of attention an involuntary act.
2.
Application. Signs shall be designed so as to be aesthetically pleasing,
coordinated with other signs on the site and located so as to achieve
their purpose without constituting hazards to vehicles and pedestrians.
Detailed regulations pertaining to signs are contained in the Sign
Matrix located in the Appendix at the end of this chapter.[7]
[7]
Editor's Note: The Appendixes are included as attachments to this chapter.
3.
Design theme. There shall be a coordinated graphics design theme
throughout any site plan. The design theme shall include a consistent
style and size of lettering, construction materials, colors, location,
type of pole or standard, size and lighting. The color of letters
and backgrounds shall be carefully considered in relation to the color
of the material or buildings or where the signs are proposed to be
located.
4.
Sign permit exemptions. Exemptions shall not be construed as relieving
the owner of such signs from the responsibility of complying with
applicable provisions of this chapter. The exemption shall apply to
the requirement for a sign permit only. Permits shall be required
except for the following exemptions:
a.
Any public notice or warning required by a valid and applicable
federal, state, county or local law, regulation or ordinance.
b.
Any sign which is inside a building, not attached to a window
or door, and is not readable from a distance of more than three feet
beyond the lot line of the lot or parcel nearest to where such sign
is located.
c.
Holiday lights and decorations with no commercial message.
d.
Any sign indicating the name of a building and/or date of construction
and/or other incidental information about its construction, which
sign is cut into a masonry surface or made of bronze or similar permanent
material, including historic tablets, cornerstones, memorial plaques
and emblems, which do not exceed four square feet in area from a single
viewpoint.
e.
Traffic control signs on private property, the face of which
meets the Department of Transportation standard, and which contain
no commercial message of any sort.
f.
Flags of the United States, State of New Jersey, the City of
Summit, foreign nations having diplomatic relations with the United
States, other flags adopted or sanctioned by an elective legislative
body of competent jurisdiction and flags flown in conjunction with
the flag of the United States such as those representing branches
of the military, veterans and prisoners of foreign war. A flag's area
shall be in reasonable proportion to the length of the pole from which
it is displayed. The pole shall not exceed 40 feet in height. The
statutory requirements associated with flags and generally accepted
standards of flag display etiquette shall be observed.
g.
Pump-mounted fuel price informational signs subject to the following:
(1)
Only one fuel price informational sign shall be permitted per
fuel pump.
(2)
Fuel price informational signs shall be limited in size to an
area of 216 square inches in accordance with state and federal regulations.
(3)
Each fuel price informational sign shall be affixed directly
and firmly to a fuel pump and shall be stationary.
(4)
Nothing herein shall be construed to prohibit the advertisement
of fuel prices on any other sign meeting the requirements of this
subsection.
5.
Permit procedure. No sign except those exempted above shall be placed,
constructed, or erected or modified unless a sign permit shall have
been obtained from the Zoning Officer and, where required by the New
Jersey Uniform Construction Code, a building permit shall have been
obtained from the Construction Official.
6.
Measurement of signs.
a.
Measurement of area of individual signs. The area of a sign
shall be computed by determining the smallest square, circle, rectangle,
or triangle that will encompass the extreme limits of the writing,
graphic illustration, picture, symbol or other display, together with
any material or color forming an integral part of the background of
the sign and used to differentiate the sign from the backdrop or structure
against which it is placed, but not including any supporting framework.
No sign shall have more than two display faces. The sign area for
a sign with two faces shall be computed by adding together the area
of all sign faces visible from any one point. When a sign having two
faces is such that both faces cannot be viewed from any point at the
same time, the sign area shall be computed by the measurement of the
larger of the two faces. For purposes of calculating window signs,
a window shall be considered the glazed area. Signs which are required
by county, state or federal agencies are exempt from the signage calculation
up to the minimum size required by such agencies. The area of the
sign in excess of the minimum shall be subject to the sign calculation.
In the event that no size requirement is imposed by such agency, the
sign shall not exceed one square foot.
b.
Measurement of height. The height of a freestanding sign shall
be computed as the distance from the normal grade to the top of the
highest attached component of the sign. Normal grade shall be construed
to be the lower of existing grade prior to construction or the newly
established grade after construction, exclusive of any filling, berming,
mounding or excavation solely for the purpose of locating the sign.
In cases in which the normal grade cannot reasonably be determined,
sign height shall be computed on the assumption that the elevation
of the normal grade at the base of the sign is equal to the elevation
of the nearest point of the crown of a public road or the grade of
the land at the principal entrance to the principal structure on the
lot, whichever is lower.
7.
General regulations.
a.
Signs shall be in harmony and consistent with the architecture
of the building and relate to the features of the building in terms
of location, scale, color, lettering, materials, texture and depth.
Signs shall not be dominant but shall be proportionate and shall complement
the building, existing signs and surroundings.
b.
There shall be consistent sign design throughout a particular
project. The design elements include style of lettering, construction
material, size and illumination.
c.
Freestanding signs shall be integrated with the landscaping
on site and installed as regulated in the Sign Matrix located in Appendix
D at the end of this chapter.[8]
[8]
Editor's Note: Appendix D is included as an attachment to this chapter.
d.
Building signs shall not obscure, conflict with or cover any
architectural element and must be aligned with major building elements
such as windows, trim and structure lines.
e.
No sign shall extend or project above the elevation of the first
story or 17 feet, whichever is less, nor shall it extend above the
highest elevation of the existing wall to which it is attached. This
shall exclude nonilluminated signs above the first floor in the CRBD
Zone which shall have the appearance of being painted or etched in
glass with a translucent background limited to 20% of the glass area
and shall be located in the bottom 1/3 of the window area.
f.
No electric wiring associated with a sign shall be visible to
public view.
g.
Illuminated signs.
(1)
Externally illuminated building identification or other signs
shall only use shielded light fixtures mounted on top of the sign
structure.
(2)
Internally illuminated signs shall have characters, letters,
figures and designs which are illuminated by electric lights as part
of the sign proper.
(3)
Signs lit by external sources shall be allowed but shall be
located in such a manner so as to avoid any glare on adjacent property.
Sources of sign illumination shall be completely shielded from the
view of vehicular traffic using the road or roads abutting the lot
on which the sign is located. Uplighting to illuminate signs is prohibited.
(4)
External lights used for the illumination of any sign on a building
shall not extend above the highest elevation of the front wall of
the building or more than 18 feet above the street level of the premises,
whichever is less.
(5)
Electronic screens shall be permitted in real estate offices/brokerages
in the CRBD Zone only for the purpose of advertising property listings.
No other form of advertising shall be permitted on such electronic
signs. Electronic screens shall not exceed more than 10% of the individual
window area to which they are affixed, and no individual screen shall
exceed a dimension of 13 inches by 23 inches. The images of any individual
sign shall have a minimum turnover or refresh time of 45 seconds.
h.
Prohibited signs.
(1)
No off-site advertising sign shall be erected, used or maintained
within the City of Summit; provided, however, that this regulation
shall not apply to temporary signs, otherwise permitted by this subsection,
that advertise special events sponsored by nonprofit social, religious,
political or cultural organizations or institutions.
(2)
No signs shall be placed on public property or suspended between
fences, utility poles, trees, railway or road bridges, bridge supports
or abutments, retaining walls, water towers or other such locations,
or suspended between buildings, unless approved by the Common Council.
(3)
No roof sign, also known also as "sky sign," shall be allowed.
(4)
No sign shall be lighted by means of a flashing light, nor shall
any sign be in whole or in part moving, mobile or revolving or electrically
or mechanically activated.
(5)
No sign shall be allowed with optical illusion of movement by
means of a design which presents a pattern capable of reverse perspective,
giving the illusion of motion or changing of copy.
(6)
No commercial sign shall be allowed in a window which serves
a residential use.
(7)
No signs shall be allowed on any street furniture.
(8)
No signs shall be allowed that are placed on or affixed to vehicles
and/or trailers which are parked on a public right-of-way, public
property or private property so as to be visible from a public right-of-way
where the apparent purpose is to advertise a product, service or activity
or direct people to a business or activity located on the same or
nearby property. This is not intended, however, to prohibit signs
placed on or affixed to vehicles or trailers where the sign is incidental
to the primary use of the vehicle or trailer.
(9)
No sign shall be allowed which obstructs any window or door
opening used as a means of egress, interferes with an opening required
for ventilation, or is attached to or obstructs any standpipe, fire
escape or fire hydrant.
(10)
No sign shall be allowed which obstructs the view
of vehicle operators or pedestrians entering a public roadway from
any parking area, service drive, public driveway, alley or other thoroughfare.
(11)
No sign element shall be interpreted as part of
the architectural element of the building.
(12)
No silhouetted or three-dimensional signs; i.e.,
signs lacking a background and having letters, figures, or devices
silhouetted against the sky or other open space not a part of the
sign, and/or signs in which objects or representational devices are
present in the round or other than in a plane shall be allowed.
(13)
No sign visible from the public right-of-way,
using an arrow or the word "stop" shall be allowed, excluding required
traffic or directional signs.
(14)
No freestanding sign or sign projecting from a
building within an area bounded by the intersection of two rights-of-way
and points 30 feet from such intersection along the right-of-way shall
be allowed.
(15)
No banners or fluttering bunting shall be allowed.
(16)
No signs using bare bulbs or tubing shall be permitted.
(17)
No freestanding or roof-mounted billboards shall
be permitted in any zone.
8.
Nonconforming signs.
a.
No nonconforming sign may be enlarged or altered in a way which
would increase its nonconformity. Existing nonconforming permanent
signs may continue to exist; however, when the sign is modified either
in shape, size, illumination or structure, the sign shall be altered
to conform to the provisions of this section.
b.
Should any nonconforming sign be damaged by any means to an
extent of more than 50% of its replacement cost at time of damage,
it shall not be reconstructed or replaced except in conformity with
the provisions of this section.
9.
Removal of certain signs.
a.
In the event a business ceases operation for a period of time
in excess of 60 days, the sign owner or lessee, or the property owner,
shall immediately remove any sign identifying or advertising said
business or any product sold thereby. Upon failure of the sign owner
or lessee, or property owner, to comply with this section, the administrative
officer shall issue a written notice to the sign owner or any lessee
and to the property owner, which notice shall state that such sign
shall be removed with the following time period:
b.
If the sign owner or lessee, or property owner, fails to comply
with such written notice to remove, the administrative officer is
hereby authorized to cause removal of such sign, and any expenses
incidental to such removal shall be charged to the owner of the property
upon which the sign is located and shall constitute a lien upon the
property. For the purpose of this section, the word "remove" shall
mean:
10.
Sign permit revocable. All rights and privileges acquired under
the provisions of this chapter or any amendment thereto are revocable
at any time if the applicant fails to accurately depict the sign erected
or to be erected or if the sign which is erected fails to meet the
details or the detailed drawing submitted by the applicant. All such
permits shall contain this provision.
11.
Permitted signs. Permitted signs and the standards and conditions
that govern such signs are set forth in the Sign Matrix at the end
of this chapter.[9] All other signs are expressly prohibited.
[9]
Editor's Note: The Sign Matrix is included as an attachment to this chapter.
T.
Trees. Trees are to be located at least one foot inside property
lines so as not to interfere with utilities or sidewalks over time
and shall be a type approved by the Department of Community Services,
and except as may otherwise be approved or required by the Planning
Board or Zoning Board of Adjustment.
U.
Utilities.
1.
The storm drainage system, sanitary waste disposal system, water
supply system, and solid and wet waste collection and disposal plan
and electrical and other distribution systems shall be reviewed and
approved.
2.
Utilities, such as electric, cable, telephone, and the like, shall
be placed underground in major site plans and subdivisions involving
three or more lots.
3.
Particular emphasis shall be given to the protection of delineated
floodplains, preservation of stream corridors, establishment of drainage
rights-of-way, analysis of the adequacy of existing systems and the
need for improvements, both on-site and off-site, to adequately control
the rate, volume and velocity of storm drainage, provide for treatment
of effluent and to maintain an adequate supply of potable water at
sufficient pressure.
4.
In such event that they cannot be installed underground, facilities
such as pumping stations or transformers shall be enclosed in buildings
or effectively screened with landscaping and/or buffering as approved
by the Board.
A.
Applicability. The following design criteria shall be required for
single- and two-family development requiring building permit and/or
zoning permit approval. Existing nonconforming conditions which are
only receiving improvements to the building envelope (i.e., new roof
or siding) or minor structural repairs (replacement of a support beam)
may remain.
B.
Height.
1.
New single-family construction in the R-25 and R-43 Zones. New dwellings
in the R-25 and R-43 Zones on lots with a minimum area of 25,000 square
feet, conforming setbacks and minimum roof pitch of 8/12 shall be
permitted a bonus increase in maximum building height not to exceed
38 feet.
2.
Existing single- and two-family dwellings in any zone. Additions
to existing dwellings with a maximum height greater than 35 feet in
any zone may be constructed to match the roofline of the existing
dwelling not exceeding 38 feet in height where the minimum required
yard setbacks of the dwelling and proposed addition are conforming.
Existing dwellings shall be subject to the City's requirements for
existing nonconforming uses and structures as regulated in this chapter.
C.
Roofs.
2.
All single- and two-family dwellings shall have a minimum roof pitch
of 6/12 for a minimum of 80% of the dwelling's total roof coverage
(not to be interpreted as total roof area) and shall be fully enclosed
to the roof peak. This provision shall not prevent the reconstruction
of existing roofs on existing dwellings with pitches less than 6/12.
3.
Additions to dwellings in all zones shall have roof pitches equal
to that of the primary roof on the dwelling, except as may otherwise
be permitted for lower-tier roofs.
D.
Primary entrance. The primary entrance to single- and two-family
dwellings shall face the street containing the property's address.
E.
Dormers.
1.
The cumulative width of attic dormers above the second floor of a
dwelling and facing the street or front shall be limited to a maximum
of 50% of the width of the floor below which the dormer is situated
measured from the same building facade.
2.
The placement of a dormer directly above or on top of another dormer
feature shall be prohibited on any dwelling level.
F.
Garages.
1.
Required garages. Dwellings in the R-5, R-6, RAH-1, TH, TH-1, MF
and MFT Zones require a minimum of one enclosed garage space. Dwellings
in the R-10, R-15, R-25 and R-43 Zones require a minimum of two enclosed
garage spaces.
2.
Required garages for single- and two-family homes shall have minimum
interior floor areas of 10 feet by 20 feet for one-car garages and
20 feet by 20 feet for two-car garages.
3.
Attached garages in single- and two-family dwellings may project
a maximum of eight feet from the front plane of the dwelling to which
the primary front door is attached to prevent snout design configurations
and minimize the prominence of garages as they are intended to be
secondary design features consistent with the prevailing character
of the City's existing housing stock. All garages shall comply with
the minimum setback requirements of the respective zone.
4.
Attached garages shall have entrances from other than the front,
except that lots of a width less than 90 feet shall be permitted to
have front facing garages limited to a maximum of 24 feet in width
to accommodate parking for a maximum of two vehicles.
G.
Driveways.
1.
In the R-5, R-6, R-10 and RAH-1 Zones, a single driveway is permitted
in the required front yard, not to exceed 18 feet in width, including
the curb opening and apron.
2.
In the R-15, R-25, and R-43 Zones, a single driveway is permitted
in the required front yard, not to exceed 12 feet in width and having
a curb opening not to exceed 15 feet in width and a driveway apron
not to exceed 12 feet in width.
3.
A single driveway providing direct access to permitted attached,
front-facing two-car garages shall not exceed 20 feet in width, have
a curb opening not to exceed 18 feet in width and a driveway apron
not to exceed 15 feet in width. Dwellings in the R-10 and R-15 Zones
that have an attached front-facing garage: The driveway may be either
the width of the garage or 20 feet, whichever is less.
4.
Circular driveways with two curb cuts on the public street are permitted
in the front yard on lots of at least 125 feet in width developed
with a single dwelling. Circular driveways shall not exceed 15 feet
in width have a driveway apron not to exceed 12 feet in width and
curb cut not to exceed 15 feet in width with curb openings on the
same street.
5.
Garages facing a side yard shall have their primary entrances set
back a minimum of 25 feet measured perpendicular to the nearest adjacent
side lot line to accommodate a paved turning area of at least 23 feet
between the garage and side lot line and a minimum driveway setback
of two feet from the side lot line.
6.
No driveway shall exceed a grade of 10% nor be located closer than
two feet to a side property line.
7.
Gravel or crushed-stone driveways shall be permitted and shall have
permanent or semipermanent edging, capable of preventing the gravel
or stone from spreading outside of the driveway area.
8.
Parking areas for single- and two-family dwellings shall be at maximum
200% of the minimum parking requirements set forth above, except when
this excess is also provided in an approved, enclosed garage.
9.
Enclosed parking spaces (garages) must be used for residents of the
principal structure.
A.
Application. The following design criteria shall be required for
attached single-family (townhouse) development in all zones.
B.
General.
1.
The overall development shall have a compatible architectural and
landscaping theme.
2.
The design of the townhouse structures and overall site plan shall
be compatible with the physical characteristics of the site, with
buildings adjacent to the site and with the character of the surrounding
neighborhood.
C.
D.
Distance between buildings. Townhouse buildings shall be located
with the minimum required distances between buildings indicated in
the table below.
Configuration
|
Minimum Required Distance (feet)
|
---|---|
End wall to end wall*
|
15
|
Any window wall to end wall*
|
30
|
Window wall to window wall
|
50
|
NOTES:
| |
---|---|
*
|
End walls shall constitute the "sides," or narrowest lengths,
of a building.
|
E.
Building height and roofline.
1.
The rooflines of at least 30% of the number of units attached in
a structure are to be staggered in height by not less than 2.5 feet
of the height of the rooflines of the other units in such structures,
and/or by other features which will provide relief or articulation
to the roofline.
2.
Townhouses shall have a minimum roof pitch of 6/12 for a minimum
of 85% of the building's total roof coverage (not to be interpreted
as total roof area).
F.
Required parking and garages.
1.
Parking areas and driveways to individual dwelling units shall be
prohibited in the front yard. Entrance driveways providing access
to interior driveways and parking areas, including those located in
side and rear yards, shall be permitted to traverse the front yard.
2.
All townhouse units shall have a minimum of one designated garage
space of minimally 10 feet by 20 feet directly attached to the dwelling
unit and providing direct indoor access to the dwelling unit which
it is intended to serve. The balance of the required parking may be
provided elsewhere on the site in accordance with residential site
improvement standards (RSIS).
3.
Garages may not directly front a public street and must be accessed
from the side or rear of townhouse buildings. A minimum of one garage
space is required per dwelling unit. The remainder of required and
surplus parking spaces may be located in surface parking areas.
4.
Required and surplus parking for townhouses may be provided under
multifamily buildings or in parking structures on the same tract located
no more than 200 feet from the dwellings units which they are intended
to serve.
A.
Application. The below design criteria shall be required for multifamily
development in all zones.
C.
Building form and mass.
1.
Orientation. Buildings shall be oriented with a primary entrance
facing at least one adjacent public street. The primary building orientation
shall not be toward a parking lot or parking structure.
2.
Horizontal articulation between floors. Each facade shall be designed
to have a delineated floor line between the street level and upper
floors. This delineation may be in the form of a masonry belt course,
concrete lintel or a cornice line.
3.
Vertical articulation. Each building facade facing a public right-of-way
must have elements of vertical articulation comprised of columns,
piers, recessed windows or entry designs, overhangs, ornamental projection
of the molding, different exterior materials or wall colors, or recessed
portions of the main surface of the wall itself. The vertical articulations
shall be designed in accordance with the following:
4.
Build-to line. Buildings constructed through infill development shall
have the front building elevation aligned with adjacent facades at
the street level where there are uniform setback lines of buildings
on a block.
D.
Building height and roofs.
1.
The top floor of all buildings must be capped by a cornice or sloping
roof element.
2.
Flat roofs shall be enclosed with by parapets or other acceptable
architectural feature.
3.
Cool roofs. Buildings with a flat roof surface area of 500 square
feet or more shall utilize a material that has a solar reflectivity
of 50% or greater as certified by the Cool Roof Rating Council.
4.
All roof-mounted equipment such as HVAC and ventilation units shall
be screened from public view by use of parapet walls at least four
feet in height or by screening elements within 10 feet of the equipment.
E.
Facades and fenestration.
1.
Exterior building colors and materials shall have a complementary
palate that is consistent with the general theme of the development
and harmonious with the character of surrounding development.
2.
For buildings being renovated or rehabilitated, windows, doors and
architectural treatments shall be compatible with the original architectural
style of the existing building.
3.
Side and rear building elevations shall receive architectural treatments
comparable to front building facades in terms of building articulation,
materials and fenestration.
4.
Large horizontal building facades (i.e., those larger than 50 linear
feet) shall be broken into segments with materials and/or architectural
features providing vertical articulation. No more than 50 feet of
front or rear building wall is permitted without providing a break
in the facade of an acceptable method of differentiation including,
but not limited to, changing rooflines, building step backs above
the first floor, bay windows, cornices, alterations in building height
and variations in building materials, colors and textures.
5.
Buildings with expansive blank walls are prohibited.
6.
Balconies are encouraged.
7.
Enlarged foyer or atrium areas are encouraged.
8.
Fire escapes are prohibited on the front facade(s) of any building
except where required by the City of Summit Fire Official.
A.
Application. The following design criteria shall be required for
all mixed-use and nonresidential development in all zones, excluding
the GW I, GW II, PROD and PROD-2 Zones.
B.
General. The placement of mixed-use and nonresidential buildings
shall be harmonious in architectural style with other buildings in
the surrounding neighborhood.
C.
Building form and mass.
1.
Orientation. Buildings shall be oriented with a primary entrance
facing at least one adjacent public street. The primary building orientation
shall not be toward a parking lot or parking structure.
2.
Horizontal articulation between floors. Each facade shall be designed
to have a delineated floor line between the street level and upper
floors. This delineation may be in the form of a masonry belt course,
concrete lintel or a cornice line delineated by wood detailing.
3.
Vertical articulation. Each building facade facing a public right-of-way
must have elements of vertical articulation comprised of columns,
piers, recessed windows or entry designs, overhangs, ornamental projection
of the molding, different exterior materials or wall colors, or recessed
portions of the main surface of the wall itself. The vertical articulations
shall be designed in accordance with the following:
D.
Building height and roofs.
1.
The top floor of all buildings must be capped by a cornice or sloping
roof element.
2.
Flat roofs shall be enclosed with by parapets or other acceptable
architectural feature.
3.
Cool roofs. Buildings with a flat roof surface area of 500 square
feet or more shall utilize a material that has a solar reflectivity
of 50% or greater as certified by the Cool Roof Rating Council.
4.
All roof-mounted equipment such as HVAC and ventilation units shall
be screened by use of parapet walls at least four feet in height or
by screening elements within 10 feet of the equipment.
E.
Facades and fenestration.
1.
For mixed-use and nonresidential buildings in the CRBD, NB, B and
B-1 Zones, excluding office development, and overlay zone districts
fronting a public street, a minimum of 60% of the first floor of retail
and mixed-use building frontage shall be clear window glass. This
percentage shall be calculated within the area of the building facade
that is located between three feet and 10 feet above sidewalk level.
2.
Building entrances accessing a public sidewalk shall be recessed
to promote safe pedestrian circulation.
3.
Awnings and canopies are encouraged at the ground-floor level, provided
that in all cases canopies shall not encroach beyond the property
line.
A.
General subdivision requirements.
1.
Compliance required. The subdivider shall observe the requirements and principles of land subdivision in the design of each subdivision or portion thereof, as set forth in this chapter. Subdivisions shall comply with the lot area averaging requirements located in § 35-9.6E.
2.
General statement. The subdivision plat shall conform to design standards
that will encourage sound development patterns within the City. Where
an Official Map or Master Plan, or both, has or have been adopted,
the subdivision shall conform to the proposals and conditions shown
thereon. The streets, drainage rights-of-way, school sites, public
parks and playgrounds or other areas shown on the officially adopted
Master Plan or Official Map shall be considered in approval of all
subdivision plats. Where no Master Plan or Official Map exists, streets
and drainage rights-of-way shall be shown on the final plat in accordance
with N.J.S.A. 40:5D-38 and shall be such as to lend themselves to
the harmonious development of the City and to enhance the public welfare
in accordance with the design standards set forth herein.
3.
Existing permits, approvals and variances. Nothing in this chapter
shall require any changes in a building permit, site plan or zoning
variance which was approved before the enactment of this chapter,
provided that construction shall have been started within one year
from the effective date of this chapter and the project shall be continuously
pursued to completion; otherwise, said approvals and permits shall
be void.
4.
Board imposed conditions. The Board may impose other conditions where
specific problems peculiar to any particular development exist which
are likely to be detrimental to the public safety and general welfare
of the City.
B.
Subdivision design requirements.
1.
Streets and curbs: nonresidential. Streets and curbs in nonresidential developments shall be designed and constructed in accordance with all applicable requirements of this chapter and Chapter 18, Streets and Sidewalks, of the City of Summit Revised General Ordinances.
a.
Arrangement. The arrangement of streets not shown on the Master
Plan or Official Map shall be such as to provide for the appropriate
extension of existing streets, conform to the topography as determined
to be practical, and allow for continued extension into adjoining
undeveloped tracts. When a development adjoins land capable of being
developed further, suitable provisions shall be made for future street
access.
b.
Street classifications. The classifications of existing and
proposed streets shall be in accordance with the Road Classification
Map located in Appendix I at the end of this chapter.[1]
[1]
Editor's Note: Appendix I is included as an attachment to this chapter.
c.
Local streets shall be so designed as to discourage through
traffic.
d.
Minimum right-of-way width. The right-of-way width shall be
measured from lot line to lot line, and shall not be less than the
following, except as may otherwise be required by the New Jersey residential
site improvement standards ("RSIS"), N.J.A.C. 5:21-1 et seq.:
(1)
Arterial streets: 80 feet.
(2)
Collector streets: 60 feet.
(3)
Local streets: 50 feet.
(4)
The right-of-way width for internal roads and alleys in multifamily,
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.
e.
Pavement width. The pavement width of public streets shall be
measured from curb to curb and shall not be less than 30 feet.
f.
Grades. Grades of arterial and collector streets shall not exceed
4%. Grades of other streets shall not exceed 10% except under special
approval of the Planning Board or Zoning Board of Adjustment and Common
Council. No street shall have a grade of less than 1% in accordance
with American Association of State Highway and Transportation Officials
(AASHTO) standards.
g.
Reserve strips. Reserve strips are prohibited except where approved
by the City Common Council under conditions approved by the Planning
Board or Zoning Board of Adjustment.
h.
Substandard street right-of-way and pavement width. Subdivisions
that adjoin or include existing streets that do not conform to the
widths as shown on the Master Plan or Official Map or the street width
requirements of this chapter shall dedicate and improve additional
right-of-way or pavement width along either one or both sides of said
road. If the subdivision is along one side only, 1/2 of the required
extra width shall be dedicated and improved.
i.
Intersections. Street intersections shall be as nearly at right
angles as is possible, and intersections of less than 75° (measured
at the center line of streets) shall not be permitted.
j.
Crosswalks. Crosswalks shall be required at intersections along
established pedestrian routes within 1,000 feet of schools and other
public facilities, and where otherwise deemed necessary by the approving
authority. All crosswalks shall comply with the Manual of Uniform
Traffic Control Devices (MUTCD), latest edition, the Americans with
Disabilities Act (ADA)[2] guidelines and City of Summit requirements.
[2]
Editor's Note: See 42 U.S.C. § 12101 et seq.
k.
Street jogs. Collector and/or arterial streets intersecting
another street from opposite sides shall either be directly opposite
each other without offset or shall have at least 250 feet offset distance
between center lines. Street jogs with center-line offsets on local
streets of less than 125 feet shall be prohibited.
l.
Tangents. A tangent at least 50 feet long on local streets,
100 feet long on collector streets and 300 feet long on arterial streets
shall be introduced between reverse curves.
m.
Curves. Curves shall be used to connect street lines which deflect
from each other at any one point by more than 10° and not more
than 45°. Curves shall have a radius of not less than 100 feet
for minor streets and 300 feet for arterial and collector streets.
n.
Street line deflection. When connecting street lines deflect
from each other at any one point by more than 10° and not more
than 45°, they shall be connected by a curve with a radius of
not less than 100 feet for local streets and 300 feet for collector
and arterial streets.
o.
Changes in grade. All changes in grade shall be connected by
vertical curves of sufficient radius to provide a smooth transition
and proper sight distance, as established in the American Association
of State Highway and Transportation Officials (AASHTO) publication
"A Policy on Geometric Design of Highways and Streets."
p.
Dead-end (cul-de-sac) streets. Dead-end streets are prohibited,
except where unavoidable or determined to be necessary for public
safety, and recommended by the Planning Board after consideration
of:
(1)
The effect of the development of the property fronting on the
proposed dead-end street on adjoining property already developed.
(2)
Traffic, parking and safety hazards.
(3)
Topographical conditions.
(4)
The furnishing of municipal services to the properties fronting
on the proposed dead-end street.
(a)
Where approved, said dead-end street shall not
be longer than 700 feet nor serve more than 10 lots. A turnaround
shall be provided at the end of the cul-de-sac with a right-of-way
radius of not less than 50 feet and a curbline radius of not less
than 40 feet. Whenever possible, the turnaround shall be tangent to
the right side of the street. If a dead-end street is of a temporary
nature, a similar turnaround shall be provided, and provisions made
for the future extension of the street and reversion of the excess
right-of-way to the adjoining properties. The removal of excess improvements
shall be the responsibility of any future developer.
q.
Private streets. Private streets shall not be accepted by the
City of Summit as public streets, and public improvements shall not
be approved for any private street.
r.
Railroad crossings. Access to a subdivision by means of a railroad
grade crossing is prohibited.
s.
Curbs. Curbs shall be constructed along both sides of all streets,
in accordance with the City's street standards.
C.
Streets and curbs: residential. Streets and curbs in residential
developments shall be designed and constructed in accordance with
the provisions set forth in § 35-14.6B1 for nonresidential
developments, except where such provisions conflict with the residential
site improvement standards at N.J.A.C. 5:21. In the event of a conflict
between 35-14.6B1 and the residential site improvement standards (RSIS),
the RSIS shall govern.
1.
In all residential zones, development bounded by any arterial or
collector street shall control access to said streets by having all
driveways intersect local streets. Where the size, shape, location,
or some other unique circumstances may dictate no other alternative
than to have a driveway enter an arterial or collector street, the
lot shall provide on-site turnaround facilities so it is not necessary
to back any vehicle onto an arterial or collector street. Abutting
lots may use abutting driveways with one curb cut.
D.
Street signs, traffic signs and street names.
1.
Design and placement of traffic signs included in all development
applications shall follow the requirements specified in "Manual on
Uniform Traffic Control Devices for Streets and Highways," published
by the United States Department of Transportation and adopted by the
New Jersey Department of Transportation. Such features shall also
comply with New Jersey residential site improvement standards ("RSIS"),
N.J.A.C. 5:21 et seq., as amended.
2.
There shall be at least two street signs furnished at each four-way
intersection and one street sign at each T intersection. All signs
shall be installed free of visual obstruction and shall show the name
of both intersecting streets. Street name signs shall be designed
and erected in accordance with City standards.
3.
At signalized intersections, street signs shall be located on the
overhead arm supporting the traffic signal, or otherwise suitably
suspended over the intersection. Roadway clearance shall be a minimum
of 17 feet from the bottom of the sign or supporting equipment to
the top of the paved surface.
4.
Street names. All streets shall be named by the Common Council. No
new street shall have a name which will duplicate or so nearly duplicate
in spelling or phonetic sound the names of existing streets. The continuation
of an existing street shall have the same name. The Planning Board
reserves the right to change any proposed subdivision street name
as it deems desirable. In general, the following may be used as a
guide for names:
a.
Place: a connecting link one block long and between two longer
streets.
b.
Court: a cul-de-sac.
c.
Terrace: a loop street which begins and ends on the same street
and is not connected with other streets.
d.
Lane, street or way: short streets not serving as connectors.
e.
Avenue, drive or road: a connector or arterial street.
E.
Sidewalks. Sidewalks shall be required as part of any site development and shall be designed in accordance with Chapter 18, Streets and Sidewalks, of the City of Summit Revised General Ordinances.
F.
Bikeways.
1.
Separate bicycle paths and lanes shall be required where deemed appropriate
and safe by the Planning Board.
2.
Bicycle lanes, where provided, shall be placed in the outside lane
of a roadway, adjacent to the curb or shoulder. When on-street parking
is permitted, the bicycle lane shall be located between the parking
lane, if provided, and the outer lane of moving vehicles. Lanes shall
be delineated with markings, preferably striping. Raised reflectors
or curbs shall not be used.
3.
The construction of bikeways shall comply with the specifications
set forth in N.J.A.C. 5:21-4.18, as well as the following:
a.
The paved width of the bicycle path shall be in accordance with
the following standards:
b.
Choice of surface materials, including bituminous mixed, concrete,
compacted gravel, soil cement, stabilized earth, and wood planking
shall depend on use and users of the path. Gradients of bike paths
should generally not exceed 5%.
c.
Bicycle-safe drainage grates shall be used in the construction
of all streets and driveways for all developments.
G.
Monuments. Monuments shall be of the size and shape required by L.
1960, c. 141, the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.[3]), shall be placed in accordance with said statute and
shall be indicated on the final plat. Monuments will be required to
delineate critical area easements and conservation easements at the
discretion of the Board. In any new subdivision, all lot corners shall
be permanently marked with a metal alloy pin or equivalent.
[3]
Editor's Note: See now N.J.S.A. 46:26B-1 et seq.
H.
Blocks.
1.
Block length and width or acreage within bounding roads shall be
of such size and shape as to accommodate the size of lots required
in the area by the zoning regulations. Consideration of topography
and street layout shall provide for convenient access, circulation
control and safety of street traffic.
2.
In blocks of 1,000 feet or more in length, pedestrian footpaths or
access may be required in locations deemed necessary by the approving
authority, as permitted in N.J.A.C. 5:21-4.5(f). Such walkway shall
be at least 10 feet wide in right-of-way with a five-foot-wide improved
pavement surface. Said walkway may also include other improvements,
including streetlighting and street trees.
I.
Lots.
2.
Side lines. Insofar as is practical, side lot lines shall be at right
angles to straight streets and radial to curved streets.
3.
Frontage. Each lot must front upon an approved and improved street
with a right-of-way width in accordance with the Union County Land
Development Standards or residential site improvement standards, as
applicable.
4.
Setbacks. Where extra width has been dedicated or is proposed in
the Master Plan for widening of existing streets, lots shall begin
at such extra width line, and all setbacks shall be measured from
such line.
5.
Suitability. 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,
drainage conditions, watercourses, historic sites, flood conditions
or similar circumstances, the Planning Board may, after adequate investigation,
withhold approval of such lots. All lots shall be so arranged that,
to the greatest extent possible, each lot can reasonably be developed
without intruding into areas of physical and environmental constraint,
especially areas of steep slope and wetland areas.
6.
Corner lots. The intersection of the two property lines adjoining
the street shall be rounded to a radius of 25 feet.
7.
Further subdivision. Where a tract is subdivided into larger parcels
than ordinary building lots, such parcels shall be arranged so as
to allow the opening of future streets and logical further subdivision.
J.
Underground utilities.
1.
Utility lines, including, but not limited to, those providing electric,
cable, telephone and internet service, shall be placed underground
in major site plans and subdivisions involving three or more lots.
2.
The storm drainage system, sanitary waste disposal system, water
supply system, and solid waste collection and electrical supply, internet,
data access and other distribution and collection systems shall be
reviewed and approved.
3.
Particular emphasis shall be given to the protection of delineated
floodplains, preservation of stream corridors, establishment of drainage
rights-of-way, analysis of the adequacy of existing systems and the
need for improvements, both on-site and off-site, to adequately control
the rate, volume and velocity of storm drainage, provide for treatment
of effluent and to maintain an adequate supply of potable water at
sufficient pressure.
4.
In such event that they cannot be installed underground, facilities
such as pumping stations or transformers shall be enclosed in buildings
or effectively screened with landscaping and/or buffering as approved
by the Board.
5.
All new electric and telephone wires shall be installed underground.
In addition, underground community antenna television service lines
shall be installed if the City has executed a franchise agreement
with a community antenna television company. All such utility installations
shall be made in accordance with the following provisions:
a.
The applicant shall arrange with the serving utility for the
underground installation of the utility's distribution supply lines,
transformers, service connections and related equipment and shall
submit to the applicable board, prior to the granting of final approval,
a written instrument from each serving utility which shall evidence
full compliance with the provisions of this subsection; provided,
however, that lots in such subdivisions which abut existing streets
where overhead electric or telephone distribution supply lines have
theretofore been installed on any portion of the streets involved
may be supplied with electric and telephone service from such overhead
lines or extensions thereof, but the transformers, service connections
and related equipment from the utilities' overhead shall be installed
underground. The requirements of this subsection are in addition to
and supplement the regulations of the Board of Public Utility Commissioners,
and wherever the provisions of this subsection require a greater amount
of equipment to be placed underground or impose restrictions more
extensive than the regulations of the Board of Public Utility Commissioners,
the requirements of this subsection shall govern.
b.
Wherever the utility is not installed in the public right-of-way,
an appropriate utility easement not less than 20 feet in width shall
be provided.
c.
All such underground installations for utilities and their service
lines shall be subject to inspection and approval by the City Engineer,
who shall be notified of such underground installations at least 24
hours prior to any excavation therefor. No underground installation
shall be covered until inspected and approved by the City Engineer
and those agencies having jurisdiction over the particular installation.
Notification and request for inspection shall take place immediately
upon completion of the utility. Bank-run sand and gravel shall be
used as backfill material and shall be thoroughly mechanically tamped.
K.
Water supply.
1.
Each lot within the subdivision area shall be provided with public
water by the required extension of water mains and connections thereto.
The cost thereof shall be borne by the subdivider. All such installations
of water mains and connections shall be subject to the inspection
and approval of the City of Summit Engineering Division and other
agencies having jurisdiction.
2.
Firefighting facilities. Whenever a central water system services
a development, fire hydrants shall be installed along all streets.
Fire hydrants shall be of the type approved by the Fire Department,
shall be placed and installed in accordance with its standards and
shall also be subject to inspection by and approval of the Fire Department.
3.
In addition to the provisions above, all water supply systems in
residential developments shall be installed in accordance with the
residential site improvement standards at N.J.A.C. 5:21-5. In the
event of a conflict between this section and the residential site
improvement standards (RSIS), the RSIS shall govern.
L.
Sanitary sewers.
1.
Each lot within the subdivision area shall be provided with sewage
disposal facilities by the required extension of sewer mains and connections
thereto. The cost thereof shall be borne by the subdivider. All such
installations of sewer mains and connections thereto shall be subject
to the inspection and approval of the City of Summit Engineering Division.
2.
In addition to the provisions above, all sanitary sewer systems in
residential developments shall be installed in accordance with the
residential site improvement standards at N.J.A.C. 5:21-5. In the
event of a conflict between this section and the residential site
improvement standards (RSIS), the RSIS shall govern.
M.
Topsoil and seeding.
1.
Topsoil specifications. No topsoil shall be removed from any site
or used as spoil. Topsoil moved during the course of construction
shall be redistributed so as to provide at least four compacted inches
of spread cover to all seeding and planting areas of the subdivision
and shall be stabilized by seeding or planting. In the event that
the quantity of topsoil at the site is insufficient to provide four
inches of cover for all seeding and planting areas, the developer
shall provide and distribute a sufficient quantity of topsoil to provide
such a cover. Topsoil so provided shall meet the following specifications:
Physical Limits
| ||
---|---|---|
Type
|
Diameter
|
Quantity
(percent by weight)
|
Gravel
|
Larger than 1 inch
|
None
|
Gravel
|
1/4 inch to 1 inch
|
Less than 3
|
Gravel
|
2 mm to 1/4 inch
|
Less than 10
|
Sand
|
0.05 mm to 2 mm
|
40 to 60
|
Silt
|
0.002 mm to 0.05 mm
|
25 to 50
|
Clay
|
Less than 0.002 mm
|
Less than 20
|
Chemical Limits of Organic Matter (wet digestion method)
| |
---|---|
Type
|
Quantity
(percent)
|
Sandy loam
|
1.5 to 20
|
Loam or silt loam
|
3.0 to 20
|
Soil reaction (pH)
|
4.5 to 7.0
|
Salt concentration (1:2 soil/water ratio)
|
Less than 50
|
2.
Fertilizer, seed and mulch specifications.
a.
The fertilizing, seeding and mulching shall meet the following
specifications:
(1)
Ground limestone: two tons per acre.
(2)
Ten-20-10 fertilizer: 600 pounds per acre.
(3)
Salt, hay or straw mulch: 1 1/2 to two tons per acre.
(4)
Temporary seeding: one pound of ryegrass per 1,000 square feet.
(5)
Permanent seeding: 1/2 pound of perennial ryegrass, 3/4 pound
of creeping red fescue and 3/8 pound of Kentucky bluegrass per 1,000
square feet.
b.
These mixtures may be either broadcast-seeded or hydroseeded.
If hydroseeded, the fertilizer, seed, mulch and mulch binder are applied
at the same rate in a slurry mix. This section of the land use regulations
will not be considered complied with until the seed attains growth
sufficient to ensure a stable, nonerodable ground condition.
3.
Compliance with Somerset-Union Soil Conservation District. The addition
or removal of topsoil shall comply with the requirements of the Somerset-Union
Soil Conservation District.
N.
Grading plan. Conceptual grading plans shall be required for all subdivisions and a final grading plan shall be required for all individual lots in accordance with Part III of this chapter.
O.
Shade trees. Shade trees shall be provided and installed by developers,
along City roads, as required by this chapter or by the approving
authority.
P.
Streetlighting. A lighting plan prepared by a qualified individual
shall be provided with major subdivision applications. Streetlights
shall be installed at all intersections and culs-de-sac and at 300-foot
intervals along all streets. All streetlighting shall be subject to
a plan approved by the applicable public utility authority. The lights
shall be installed solely for the purpose of illuminating the roadways
and sidewalks and shall be of such a nature as to minimize the illumination
on adjacent properties. The developer shall provide for the installation
of underground service.
Q.
Easements, riparian zones and natural features.
1.
Easements. Easements for utility and drainage installations shall
be along side or rear property lines where possible as may be required
by the City Engineer. Such easements shall be of sufficient width
to accommodate the facilities, including access for maintenance, but
shall not be less than 20 feet wide. Whenever possible, facilities
shall be located at the proximate center of the easement.
a.
The removal of trees and ground cover shall be prohibited in
a conservation easement or floodplain except for the following purposes:
the removal of dead or diseased trees; limited thinning of trees and
growth to encourage the most desirable growth; and the removal of
trees to allow for structures designed to impound water or in areas
to be flooded in the creation of ponds or lakes. Proposed tree removals
shall be subject to the review and approval of the City Forester.
b.
All easements shall be shown on the plat and described in the
deed and shall be clearly labeled and dimensioned to permit accurate
location of easement limits.
c.
Internal grading of a lot as by swale, berm, or other topographical
feature designed to intercept or direct waters shall be dedicated
by recorded instrument and described in the deed in such a way as
to give notice to future owners of said property and ensure continued
maintenance of the drainage feature.
d.
All easements shall have survey markers/monuments installed.
2.
Riparian zones. Where a subdivision is traversed by a watercourse, drainageway, channel, stream or other surface water body, said subdivision shall comply with the riparian zone requirements set forth in the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, Part III, Environmental Requirements, of this chapter and § 26-11 of the Revised General Ordinances.
3.
Natural features.
a.
Natural features, such as trees, brooks, hilltops, wetlands
and wetland transition areas, steep slopes and views, shall be preserved,
to the greatest extent possible, in designing any subdivision containing
such features.
b.
Subdivisions containing steep slopes and/or wetlands shall be designed in accordance with Part III of this chapter.
c.
The Planning Board may require that natural features be protected
by means of deed restrictions, conservation easements or other appropriate
instruments. Conservation easements shall be clearly indicated.
R.
Energy conservation. All subdivisions shall, to the greatest extent
possible, follow energy-efficient design principles and maximize the
use of renewable energy sources as follows:
1.
Streets. Streets shall be so oriented as to permit the buildings
to be constructed thereon to maximize solar gain. Where possible,
streets shall run in an east-west direction.
2.
Lots. Lots shall be oriented as to permit buildings to be constructed
thereon to maximize solar gain. Where possible, the long axis of a
lot shall run in a north-south direction.
3.
Topography. The development shall take advantage of topographic features
to maximize solar gain and afford protection from winter winds. Where
possible, development shall be oriented to southerly slopes.
4.
Vegetation. Existing and new vegetation shall be used to the greatest
extent feasible to afford protection from winter winds and provide
shading in summer.
A.
Building designs and layouts.
1.
The design and layout of buildings and parking areas shall be aesthetically
pleasing and provide for efficient arrangement. Particular attention
shall be given to energy conservation, safety and fire protection
and impact on surrounding development. Architectural design shall
be compatible with the environmental and natural characteristics of
the tract and the surrounding neighborhood.
2.
Fire escapes shall be constructed only against the side or rear wall
of a building and shall be located so as not to detract from the appearance
of such buildings, to the maximum extent possible.
B.
Buffers.
1.
Purpose.
a.
Buffering shall be located to minimize light from vehicles and
structures, noise, the movement of people and vehicles, and to shield
activities from adjacent properties when required. Buffering may include
but not be limited to fencing, walls, evergreens, shrubs, landscaping,
berms, rocks, boulders, open space, ponds, steep slopes, deciduous
trees or combinations thereof to achieve the stated objectives.
b.
Extensive buffering shall be required where intensive land uses
abut less intensive uses. Existing natural vegetation may be retained,
if appropriate, for the above-stated purposes as may be approved by
the applicable board.
2.
General buffer requirements.
a.
All vegetation screening shall provide a visual barrier on a
year-round basis.
b.
Existing vegetation within the buffer shall be preserved, when
suitable, and supplemented with plantings and other buffer devices
to provide screening.
c.
Buffer dimensions shall be measured perpendicular to property
lines or other locations as required.
d.
Within any buffer area, aboveground utilities or driveways may
be permitted to cross at right angles through the buffer.
e.
No buildings, signs (other than directional signs), structures,
storage of materials or parking shall be permitted within the required
buffer area.
f.
All plantings shall be installed according to accepted horticultural
standards.
3.
Specific buffer requirements. The following buffer area and landscape
requirements shall apply to any lot, other than a lot in the PROD,
PROD-2, RO-60, G, GW I or GW II Zones, that abuts a residential zone,
and to any nonpermitted uses on a lot within a residential zone.
a.
Dimensions.
(1)
A strip of land 20% of the average width of the property when
a nonresidential use abuts a residential zone on the side, and/or
20% of the average depth of the property when a nonresidential use
abuts a residential zone at the rear, shall be designated as a buffer
area and so indicated on the plat.
(2)
Buffer areas shall be contiguous with residential property lines
and shall be of uniform width. In no case shall the width of the buffer
be required to exceed 50 feet.
(3)
If the buffer is less than 20 feet wide, the applicant may be
required to erect a six-foot-high stockade or other type of solid
fence within the buffer area parallel to the lot line of the abutting
residential lot and set back a distance appropriate for the landscaping
treatment in the buffer area. However, in no case shall a buffer of
less than 10 feet be allowed.
(4)
Where more restrictive standards are set forth in specific zoning
districts, they shall apply.
b.
Requirements for planting in the buffer area.
(1)
A solid and continuous landscaped screening shall be planted
and maintained to conceal the parking, loading and similar areas,
and to eliminate the glare of vehicle lights from the abutting residential
areas throughout the year. In addition, adequate plantings, including
deciduous trees, shall be utilized to soften the appearance of the
building as viewed from adjoining residential lots. The screening
for parking lots and loading or other areas shall consist of evergreen
trees. Trees shall be planted in an area five feet to 20 feet from
the residential line in a zigzag pattern and not more than six feet
apart, except where otherwise authorized by the approving authority.
Evergreen trees shall be not less than five feet high when planted,
and the lowest branches shall not be more than one foot above the
ground. In the event the existing evergreen trees do not cover the
required area from the ground, said landscaping screening shall be
supplemented with evergreen shrubbery.
(2)
Shade trees shall be planted at a spacing that is appropriate
for the species, but in no case shall this distance exceed 40 feet
from each other.
(3)
The height of the landscape screening shall be measured in relation
to the elevation of the leading edge of the area being screened. Where
the landscape screening is lower than the elevation of the area being
screened, either the required height of the screen shall be increased
equal to the difference in elevation, or the area being screened shall
be moved to allow the plantings to be located in an area with a similar
elevation as the screened area.
(4)
If the buffer area includes existing growth of evergreen and
deciduous trees and shrubbery, but not enough to provide a suitable
screen as required above, existing trees and shrubbery may remain
and shall be supplemented by additional evergreen plantings to provide
the required landscape screen.
c.
Variance from buffer requirements.
(1)
Under exceptional circumstances, the approving authority shall
have the power to grant variances from any of the requirements or
details specified above if they determine an adequate buffer can be
provided in less than 20 feet while maintaining the purposes of this
subsection.
(2)
The approving authority, when considering variances from any
of the buffer requirements, shall review the proposed plat and the
standards and purposes of N.J.S.A. 40:55D-51, and to those ends shall
consider the location of buildings, parking areas, outdoor illumination
and other features of the topography of the area and existing features
such as trees; streams; the efficiency, adequacy, and safety of the
proposed layout of driveways, streets, sidewalks and paths; the adequacy
and location of existing green areas and buffer areas; the adequacy
and location of screening and parking areas; structures and uses;
and such other matters as may be found to have a material bearing
on the above standards and objectives.
C.
Open space.
1.
When applicable, open space shall be provided as part of a site plan
and shall serve as a buffer and/or help integrate buildings and uses.
The objective of providing open space is to preserve a tract's natural
amenities and vistas. Ponds, rock outcroppings, wooded areas, steep
slopes, wellhead protection areas, ravines and streambeds are prime
lands recommended for undeveloped open space.
2.
Open spaces shall be so located as to provide for maximum benefit
and site aesthetics as well as to create a harmonious relationship
between buildings.
D.
Recycling facilities.
1.
The following requirements for recycling facilities shall be applicable
to all development in all zones in the City of Summit:
2.
There shall be included in any new or existing development that requires
subdivision or site plan approval an indoor or outdoor recycling area
for the collection and storage of recyclable materials generated on-site.
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.
3.
The recycling area shall be conveniently located for the disposition
of source-separated recyclable materials preferably near, but clearly
separated from, a refuse dumpster. Such facilities shall be located
inside of a principal or accessory building to the extent feasible.
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.
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.
A sign clearly identifying the recycling area and the materials accepted
therein and no larger than two square feet 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.
Walls and/or fencing shall be provided around any outdoor recycling
area and shall be constructed and maintained in an aesthetically pleasing
manner.