Exciting enhancements are coming soon to eCode360! Learn more 🡪
City of Summit, NJ
Union County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
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.
5. 
No awning shall be erected or maintained so as to obstruct access to any fire escape, window or door.
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.
g. 
Tree removal permits shall be required in accordance with § 29-8 of the City of Summit Revised General Ordinances.
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.
e. 
The installation of rain gardens and bioretention basins is encouraged.
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.
p. 
Landscaping may include the planting of street trees, subject to the City's Tree Ordinance.[3]
[3]
Editor's Note: See Ch. 29, Protection of Trees.
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.
(3) 
Walkways. Maximum average footcandles shall be as follows:
(a) 
Sidewalks (roadside):
(b) 
Commercial: 1.0.
(c) 
Residential: 0.2.
(d) 
Walkways, stairways and bikeways (distant from roadways): 0.2.
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.
(c) 
Compliance with all provisions of Title 7, Chapter 26, of the N.J.A.C. where applicable.
(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:
a. 
Required spaces are within 500 feet of pedestrian access to the building served, unless some lesser distance is required by the Americans With Disabilities Act;[4]
[4]
Editor's Note: See 42 U.S.C. § 12101 et seq.
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.
e. 
Parking requirements for one- and two-family dwellings are located in § 35-14.2.
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.
a. 
Uses not specifically listed shall provide parking as deemed necessary and appropriate by the approving authority.
b. 
Parking lots shall not exceed the minimum parking requirements as set forth above by more than 25% without approval of the Planning or Zoning Board.
8. 
Electric vehicle (EV) charging station requirements.
a. 
Electric vehicle charging station requirements, including the minimum number of required spaces and design criteria, are provided in § 35-9.9E of this chapter.
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:
(1) 
Arterial streets at 130 feet.
(2) 
Minor arterial streets at 90 feet.
(3) 
Collector streets at 60 feet.
(4) 
Local streets at 35 feet.
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:
(1) 
Sign face: 60 days.
(2) 
Posts, columns and supporting structures: one year.
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:
(1) 
The sign face, along with posts, columns or supports of freestanding signs, shall be taken down and removed from the property.
(2) 
The sign face and supporting structures of projecting, roof or wall signs shall be taken down and removed from the property.
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.
1. 
Flat roofs are prohibited on single- and two-family dwellings, except on lower-tier roofs, and shall not occupy more than 20% of the dwelling's total roof coverage (not to be interpreted as total roof area). This provision shall not prohibit the reconstruction of flat roofs on existing dwellings.
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.
3. 
Building design features such as exterior materials, rooflines and roof designs, windows, shutters, doors, porches, colors and orientation of the facades shall be considered in the overall plan.
C. 
Building form and mass.
1. 
Primary front entrances to all individual dwelling units shall be well-defined with front facing doors and front porches or porticoes.
2. 
A maximum of six dwellings units shall be permitted in a single row with a minimum horizontal offset of two feet in the front building elevation between every two dwelling units.
3. 
Individual dwelling units shall have a minimum width of 20 feet.
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.
B. 
General.
1. 
The placement of multifamily buildings shall be harmonious in architectural style, scale and materials 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.
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:
a. 
Each vertical articulation shall be no more than 30 feet apart.
b. 
Each vertical articulation shall be a minimum of one foot deep.
c. 
Each vertical projection noted above may extend into the required front yard a maximum of 18 inches in depth and having a maximum width of 10 feet.
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.
F. 
Required parking and garages.
1. 
Parking structures shall be developed in accordance with § 35-9.9M or as otherwise required in this chapter.
G. 
Trash and recycling. Trash and recycling shall be stored in a designated location within the principal building or enclosed accessory structure in accordance with the requirements set forth in Article XIV or as otherwise required in this chapter.
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:
a. 
Each vertical articulation shall be no greater than 30 feet apart.
b. 
Each vertical articulation shall be a minimum of one foot deep.
c. 
Each vertical projection noted above may extend into the required front yard a maximum of 18 inches in depth and having a maximum width of 10 feet.
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.
4. 
Facades facing public alleyways shall be consistent with the primary front building facade facing the public street(s), including such design elements as building articulation, materials, entranceways and storefronts.
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:
(1) 
For bicycle lanes that are part of a shared use roadway, the minimum pavement width shall be five feet.
(2) 
For shared use bicycle paths that are not part of a roadway, the minimum pavement width shall be eight feet.
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.
1. 
Dimensions. Lot dimensions and area shall be not less than the requirements of the Zoning Ordinance (see Part II of this chapter) and neighborhood average calculations set forth in § 35-9.6E.
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.