Califon City Zoning Code

CHAPTER 16

16 - DISTRICT REGULATIONS

Sections:

16.16.010 - Regulations for R-1 zone.

Permitted Uses.

Farms;

Single-family detached dwellings;

Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries, as each of these terms is defined at N.J.S.A. 40:55D-66.2.

Agricultural activities as regulated in Section 16.12.010(M) of this title;

Home occupations as regulated in Section 16.12.010(J) of this title, including family day care homes;

Accessory uses incidental to a farm or a single-family dwelling;

Wireless telecommunications antennas and antenna arrays mounted on existing structures as regulated in Section 16.12.110 of this title.

Adult family care home for elderly persons and physically disabled adults.

"Family day care home," as that term is defined at N.J.S.A. 40:55D-66.5.b.d., as an accessory use to a single-family dwelling.

10.

Accessory apartments created as part of the borough's affordable housing compliance program in conformance with the following:

One accessory apartment shall be permitted as of right within an owner-occupied single family dwelling on a lot having a minimum lot area of twenty-five thousand (25,000) square feet, subject to compliance with the following requirements:

The term "accessory apartment" shall be as defined in Section 16.04.040.

Each new accessory apartment created under the terms of this section shall be deed restricted for occupancy by and affordability to a qualified low income household earning fifty (50) percent or less of the median income by household size for housing region 3. Said deed restriction shall be applicable for a period of at least ten (10) years from the date a new certificate of occupancy is issued for the unit in accordance with the terms of the borough's affordable housing ordinance.

Upon the date the tenant in residence vacates the unit following the expiration of the initial ten (10) year control period, and upon notification to and approval by the administrative agent for the accessory apartment program, the owner of the unit may thereafter rent the unit as a market-rate apartment without restriction.

No accessory apartment shall be created under the terms of this section unless all of the following apply:

(1)

An application has been submitted to and approved by the administrative agent for the accessory apartment program; and

(2)

The creation of the accessory apartment shall be accomplished as part of the borough's affordable housing compliance program; and

(3)

The accessory apartment shall be deed-restricted for the full ten (10) year period in accordance with the terms of the borough's affordable housing ordinance and N.J.A.C. 5:80-26.1, et seq. (the UHAC Rules) and affirmatively marketed in accordance with the borough's affirmative marketing plan.

The board of health shall certify the adequacy of the existing on-site septic system to accommodate the original dwelling plus the accessory apartment. No additional septic system shall be constructed to serve the accessory apartment, and any replacement system, if required, shall not be expanded in its capacity beyond that needed to serve the number of bedrooms in the existing host dwelling unit.

There shall be no limit on the number of bedrooms that may be included in any accessory apartment unit, but the total number of bedrooms in both the accessory apartment unit and the host dwelling shall not exceed the pre-existing number of bedrooms in the host dwelling.

The host dwelling shall remain owner-occupied for as long as the accessory apartment exists and shall not be rented out unless and until the accessory apartment has been lawfully vacated and the building returned to its original condition as a single-family dwelling. Any intention to rent the host dwelling and/or remove the accessory apartment shall require notice to the administrative agent, who shall arrange to ensure that the accessory apartment has been lawfully vacated and the re-conversion of the building back to a single-family dwelling has been duly inspected and approved by the construction official.

All accessory apartment units shall be subject to inspection by the construction official to confirm that the requirements of N.J.A.C. 5:23-2.4 and 2.5 (Rehabilitation Subcode) are met, and a new certificate of occupancy shall be required prior to the rental of the unit. A new certificate of occupancy shall also be required prior to the re-occupancy of the building as a single-family dwelling following the removal of an accessory apartment unit.

The property proposed for the accessory apartment shall be able to accommodate at least three (3) off-street parking spaces having direct and unrestricted driveway access and not blocked by any other parking space and shall be able to accomplish this without exceeding the impervious coverage limits for the applicable zone.

An applicant seeking to create an accessory apartment shall submit to the administrative agent:

(1)

A sketch of the existing host dwelling floor plan;

(2)

A sketch of the proposed floor plan showing the location, size and relationship of both the accessory apartment and the primary or host dwelling;

(3)

Rough elevations showing the modification of any exterior building facade to which a change is proposed (i.e. to accommodate a building entrance or new window(s); and

(4)

A site development sketch showing the location of the existing dwelling and other existing buildings, all property lines, the required number of parking spaces pursuant to paragraph i. above, and calculations of the lot area and the existing and proposed impervious surface coverage on the lot.

All such plans and elevations shall be clear and concise and drawn to a scale of not less than one (1) inch equals four (4) feet for the floor plan(s) and elevation(s) and one inch equals twenty (20) feet for the site development plan.

After the creation of the accessory apartment, the property shall maintain the usual appearance of a single-family detached dwelling and its appurtenant structures and shall remain compatible with the character of the surrounding neighborhood.

A converted dwelling shall not have more than the existing number of entrances along the front of the building. All new entrances to either the primary (host) or accessory dwelling units shall be located on the sides or rear of the building.

No new unenclosed exterior stairways shall be allowed on the front of the building.

No dwelling shall occupy any floor above the second floor except that existing space above the second floor may be used for storage or sleeping rooms for a second floor dwelling, provided that all applicable Construction Code requirements are met. No dwelling shall be located in a below-ground basement where the exterior grade is more than half the height of the exterior wall, unless there is at least one (1) exterior facade where the unit is at grade with the ground outside.

An accessory apartment unit shall contain the following minimum gross floor area per unit:

Efficiency 450 sq. ft.

1 bedroom 550 sq. ft.

2 bedroom 660 sq. ft.

Preexisting unauthorized accessory apartments may be legalized under this section without further penalty to the property owner, provided all of the foregoing criteria as well as the following criteria can be met:

(1)

The unit is currently vacant.

(2)

If the unit is found by the construction official to be in substandard condition, it shall be brought up to a standard condition before a certificate of occupancy is issued.

(3)

The unit shall be deed-restricted for the full ten (10) year period in accordance with the terms of the borough's affordable housing ordinance and N.J.A.C. 5:80-26.1, et seq. (the UHAC Rules) and affirmatively marketed in accordance with the borough's affirmative marketing plan.

Conditional Uses.

Reserved;

Public and private schools;

Child care centers;

Public utility uses;

Driftway subdivisions;

New wireless telecommunications towers;

Reserved.

Area and Yard Requirements. As specified in the schedule of area, yard and building requirements (Section 16.08.030 of this title). See also Section 16.12.100 of this title.

Uses Prohibited in R-1 Zone. Any use not specifically permitted.

(Ord. No. 2016-06 , §§ II, III 12-5-2016; Ord. 2002-08 § 1D (part); Ord. 1997-05 §§ 5, 6; Ord. 1993-008 § 401)

16.16.020 - Regulations for R-2 zone.

Permitted Uses.

Farms;

Single-family detached dwellings;

"Community residences for the developmentally disabled," "community shelters for victims of domestic violence," "community residences for the terminally ill," "community residences for persons with head injuries," as each of these terms is defined at N.J.S.A. 40:55D-66.2.

Agricultural activities as regulated in Section 16.12.010(M) of this title;

Home occupations as regulated in Section 16.12.010(J) of this title, including family day care homes;

Accessory uses incidental to a farm or a single-family dwelling.

Adult family care home for elderly persons and physically disabled adults.

"Family day care home," as that term is defined at N.J.S.A. 40:55D-66.5.b.d., as an accessory use to a single-family dwelling.

Accessory apartments created as part of the borough's affordable housing compliance program in conformance with the following:

The term "accessory apartment" shall be as defined in Section 16.04.040.

No accessory apartment shall be created under the terms of this section unless all of the following apply:

(1)

An application has been submitted to and approved by the administrative agent for the accessory apartment program; and

(2)

The creation of the accessory apartment shall be accomplished as part of the borough's affordable housing compliance program; and

(3)

An applicant seeking to create an accessory apartment shall submit to the administrative agent:

(1)

A sketch of the existing host dwelling floor plan;

(2)

A sketch of the proposed floor plan showing the location, size and relationship of both the accessory apartment and the primary or host dwelling;

(3)

Rough elevations showing the modification of any exterior building facade to which a change is proposed (i.e. to accommodate a building entrance or new window(s); and

(4)

No new unenclosed exterior stairways shall be allowed on the front of the building.

An accessory apartment unit shall contain the following minimum gross floor area per unit:

Efficiency 450 sq. ft.

1 bedroom 550 sq. ft.

2 bedroom 660 sq. ft.

(1)

The unit is currently vacant.

(2)

If the unit is found by the construction official to be in substandard condition, it shall be brought up to a standard condition before a certificate of occupancy is issued.

(3)

Conditional Uses.

Reserved;

Public and private schools;

Churches;

Libraries, museums and art galleries;

Child care centers;

Public utility uses;

Driftway subdivisions;

Reserved.

Area and Yard Requirements. As specified in the schedule of area, yard and building requirements (Section 16.08.030 of this title). See also Section 16.12.100 of this title.

Uses Prohibited in R-2 Zone. Any use not specifically permitted.

(Ord. No. 2016-06 , §§ II, III 12-5-2016; Ord. 2002-08 § 1D (part); Ord. 1993-008 § 402)

16.16.030 - Regulations for R-3 zone.

Permitted Uses. Same as in R-2 zone.

Conditional Uses. Same as in R-2 zone.

Area and Yard Requirements. As specified in the schedule of area, yard and building requirements (Section 16.08.030 of this title). See also Section 16.12.100 of this title.

Uses Prohibited in R-3 Zone. Any use not specifically permitted.

(Ord. 1993-008 § 403)

16.16.040 - Reserved.

(Ord. 2002-08 § 1A (part))

16.16.050 - Regulations for general business zone.

Permitted Uses.

Retail shopping facilities, including grocery stores, retail liquor stores, variety stores, meat markets, drug stores, delicatessens, hardware stores, clothing and accessory stores, jewelry stores, shoe stores, video stores, craft stores, bait and tackle shops, sporting goods stores, bakeries, hobby shops, antique stores, book stores, stationery stores, pet stores, office supply stores, restaurants and luncheonettes;

Retail service establishments, including frame shops, barber shops, pet grooming shops, beauty salons, laundry and dry cleaning collection outlets, shoe repair shops, electronic repair shops, gunsmiths, watchmakers, funeral parlors, professional and business offices, banks, printing establishments and newspaper offices;

Lumberyards;

Dance and exercise studios;

Music studios;

Post office;

Single-family detached dwelling, provided such dwelling existed at the time of the adoption of the ordinance codified in this title;

Residential apartments above the first floor only, provided such apartments were legally in existence as of July 1, 2017;

The following accessory buildings and uses:

Buildings and uses customarily incidental to any of the above listed uses,

Private garages and off-street parking and truck loading spaces, provided same are in compliance with other applicable sections of this title,

Child care centers on the same lot with a permitted principal use (see Section 16.12.090(D)(1) of this title).

10.

Wireless telecommunications antennas and antenna arrays mounted on existing structures as regulated in Section 16.12.110 of this title.

11.

Accessory apartments created as part of the borough's affordable housing compliance program in conformance with the following:

Within the GB zone, one accessory apartment, as defined at Section 16.04.040, shall be permitted as of right within an owner-occupied single family dwelling located on a lot having a minimum lot area of twenty-five thousand (25,000) square feet, subject to compliance with all of the requirements of Section 16.16.020.A.9.

Within the GB zone, one or more accessory apartments, as defined at Section 16.04.040, shall be permitted as of right within a commercial building located within the GB zone subject to compliance with all of the requirements set forth herein.

No accessory apartment shall be created under the terms of this section unless all of the following apply:

(1)

An application has been submitted to and approved by the administrative agent for the accessory apartment program; and

(2)

The creation of the accessory apartment shall be accomplished as part of the borough's affordable housing compliance program; and

(3)

The Board of Health shall certify the adequacy of the existing on-site septic system to accommodate the existing uses of the premises plus each accessory apartment. No additional septic system shall be constructed to serve an accessory apartment, and any replacement system, if required, shall not be expanded in its capacity beyond that needed to serve the previously existing use(s) of the premises.

The property proposed for the accessory apartment shall be able to accommodate at least one (1) off-street parking space per accessory apartment in addition to the spaces required/existing in connection with the commercial use(s) of the premises, with all parking spaces having direct and unrestricted access and not blocked by any other parking space,

An applicant seeking to create an accessory apartment shall submit to the administrative agent:

(1)

A sketch of the existing building floor plan;

(2)

A sketch of the proposed floor plan showing the location, size and relationship of the proposed accessory apartment to the other uses in the building;

(3)

Rough elevations showing the modification of any exterior building facade to which a change is proposed (i.e. to accommodate a building entrance or new window(s); and

(4)

A site development sketch showing the location of the existing building and any other existing buildings, all property lines, and the required parking spaces pursuant to paragraph g. above.

An accessory apartment may occupy the first floor of a building, but no first floor accessory apartment shall face a street. After the creation of the accessory apartment, the property shall maintain the visual appearance and functionality for continued commercial use of the commercial building and shall remain compatible with the character of the surrounding neighborhood and the historic district in which the property is located.

A converted building shall not have more than the existing number of entrances along the front of the building. All new entrances needed to accommodate accessory apartments shall be located on the sides or rear of the building.

No new unenclosed exterior stairways shall be allowed on the front of the building.

No dwelling shall occupy any floor above the second floor except that existing space above the second floor may be used for storage or sleeping rooms for a second floor dwelling, provided that all applicable construction code requirements are met. No dwelling shall be located in a below-ground basement where the exterior grade is more than half the height of the exterior wall, unless there is at least one exterior facade where the unit is at grade with the ground outside.

An accessory apartment unit shall contain the following minimum gross floor area per unit:

Efficiency 450 sq. ft.

1 bedroom 550 sq. ft.

2 bedroom 660 sq. ft.

(1)

The unit is currently vacant.

(2)

If the unit is found by the construction official to be in substandard condition, it shall be brought up to a standard condition before a certificate of occupancy is issued.

(3)

Conditional Uses.

Public utility uses;

Child care centers;

Auto repair facility;

Museums, art galleries and libraries;

Churches;

Reserved.

Area and Yard Requirements. As specified in the schedule of area, yard and building requirements (Section 16.08.030 of this title). See also Section 16.12.100 of this title.

Number of Uses Permitted. One building may contain more than one use provided that the total floor area ratio and lot coverage of the combined uses does not exceed the maximums specified for the district and further provided that each use occupies a minimum gross floor area of five hundred (500) square feet.

Landscaping and Grading. All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as fencing, shrubbery, lawn area, groundcover, rock formations, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of vegetation in the area and lessen the visual impact of the structures and paved areas. The final grades on the site shall be planned for both aesthetic and drainage purposes.

Outdoor Storage and Displays. As specified in Section 16.12.010(N) of this title.

Off-Street Parking and Loading. As specified in Section 16.12.060 of this title.

Buffering and Screening. As specified in Section 16.12.070 of this title.

(Ord. No. 2016-06 , §§ I, III 12-5-2016; Ord. 2002-08 § 1D (part); Ord. 1997-05 § 7; Ord. 1996-02 § 6; Ord. 1993-008 § 405)

16.16.060 - Regulations for highway business zone.

Permitted Uses.

Shopping centers and buildings consisting of one or more of the uses permitted in Section 16.16.050(A)(1) and (2);

Furniture and appliance stores;

Lumberyards;

Garden centers;

Nursing homes, hospitals and professional clinics;

Professional office complex;

Warehouses;

Repair or machine shops;

Laboratories;

10.

Woodworking, fabrication, processing or assembly of goods and materials;

11.

Carpentry, electrical, masonry, plumbing and painting services;

12.

Post office;

13.

The following accessory buildings and uses:

Buildings and uses customarily incidental to any of the above listed uses,

Private garages and off-street parking and truck loading spaces, provided same are in compliance with other applicable sections of this title,

Child care centers on the same lot with a permitted principal use (see Section 16.12.090(D)(1) of this title).

14.

Wireless telecommunications antennas and antenna arrays mounted on existing structures as regulated in Section 16.12.110 of this title.

Conditional Uses.

Public utility uses;

Child care centers;

Gasoline service stations;

Automobile dealerships;

Museums, art galleries and libraries;

Churches;

New wireless telecommunications tower.

Auto repair facility.

Area and Yard Requirements. As specified in the schedule of area, yard and building requirements (Section 16.08.030 of this title). See also Section 16.12.100 of this title.

Landscaping and Grading. All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as fencing, shrubbery, lawn area, groundcover, rock formations, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades on the site shall be planned for both aesthetic and drainage purposes.

Outdoor Storage and Display. As specified in Section 16.12.010(N) of this title.

Off-Street Parking and Loading. As specified in Section 16.12.060 of this title.

Buffering and Screening. As specified in Section 16.12.070 of this title.

(Ord. No. 2016-06 , §§ I, 12-5-2016; Ord. 2002-08 § 1D (part); Ord. 1997-05 §§ 8, 9; Ord. 1996-02 § 6; Ord. 1993-008 § 406)

16.16.070 - Flood damage prevention.

Statutory Authorization, Findings of Fact, Purpose and Objectives.

Statutory Authorization. The Legislature of the State of New Jersey has in N.J.S.A. 40:48-1 et seq., delegated the responsibility to local governmental units to adopt regulations designed to promote public health, safety, and general welfare of its citizenry. Therefore, the borough council of the Borough of Califon, of Hunterdon County, New Jersey, hereby finds the following:

Findings of Fact.

The flood hazard areas of Borough of Califon are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, causes damage in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

Statement of Purpose. It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

To protect human life and health;

To minimize expenditure of public money for costly flood control projects;

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

To minimize prolonged business interruptions;

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, bridges located in areas of special flood hazard;

To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;

To ensure that potential buyers are notified that property is in an area of special flood hazard; and

To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions with respect to the areas of special flood hazard.

Methods of Reducing Flood Losses. In order to accomplish its purposes, this section includes methods and provisions for:

Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

Requiring that uses vulnerable to floods including facilities which serve such uses, be protected against flood damage at the time of initial construction;

Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

Controlling filling, grading, dredging, and other development which may increase flood damage; and,

Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.

"Appeal" means a request for a review of the zoning officer's interpretation of any provision of this section or a request for a variance.

"Area of shallow flooding" means a designated AO, AH, or VO zone on a community's Digital Flood Insurance Rate Map (DFIRM) with a one percent annual or greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

"Area of special flood hazard" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year.

"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year.

"Basement" means any area of the building having its floor subgrade (below ground level) on all sides.

"Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

"Development" means any man made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations, or storage of equipment or materials located within the area of special flood hazard.

"Digital flood insurance rate map" (DFIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

"Elevated building" means a non-basement building (i) built in the case of a building in an area of special flood hazard to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

"Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:

The overflow of inland or tidal waters and/or

The unusual and rapid accumulation or runoff of surface waters from any source.

"Flood insurance study" (FIS) means the official report in which the Federal Insurance Administration has provided flood profiles, as well as the flood insurance rate map(s) and the water surface elevation of the base flood.

"Flood plain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flood plain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than two-tenths of a foot.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure" means any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the department of interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of the interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

By an approved state program as determined by the secretary of the interior; or

Directly by the secretary of the interior in states without approved programs.

"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, useable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so to render the structure in violation of other applicable non-elevation design requirements.

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

"Manufactured home park or manufactured home subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

"New construction" means structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.

"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the flood plain management regulations adopted by the municipality.

"Recreational vehicle" means a vehicle, which is:

Built on a single chassis;

Four hundred (400) square feet or less when measured at the longest horizontal projection;

Designed to be self-propelled or permanently towable by a light duty truck; and

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"Start of construction" for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348) includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation.

Permanent construction does not include land preparation, such as clearing, grading and filling nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"Structure" means a walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is principally above ground.

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or

Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

"Variance" means a grant of relief from the requirements of this section that permits construction in a manner that would otherwise be prohibited by this section.

"Zoning officer" means the zoning officer of the Borough of Califon, Hunterdon County, New Jersey.

General Provisions.

Lands to which this section applies. This section shall apply to all areas of special flood hazards within the jurisdiction of the Borough of Califon, Hunterdon County, New Jersey.

Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard for the Borough of Califon, Community No. 340232, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

A scientific and engineering report "Flood Insurance Study, Hunterdon County, New Jersey (All Jurisdictions)" dated September 25, 2009

Flood Insurance Rate Map for Hunterdon County, New Jersey (All Jurisdictions) as shown on Index and panel numbers 34019C0126F, 34019C0127F, 34019C0128F, 34019C0129F; whose effective date is September 25, 2009

The above documents are hereby adopted and declared to be a part of this section. The flood insurance study and maps are on file at 39 Academy St, Califon, New Jersey 07830.

Penalties for Noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall upon conviction thereof be fined not more than two thousand dollars ($2,000.00) or imprisoned for not more than thirty (30) days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Borough of Califon from taking such other lawful action as is necessary to prevent or remedy any violation.

Abrogation and Greater Restrictions. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

Interpretation. In the interpretation and application of this section, all provisions shall be:

Considered as minimum requirements;

Liberally construed in favor of the governing body; and,

Deemed neither to limit nor repeal any other powers granted under state statutes.

Warning and Disclaimer of Liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Borough of Califon, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

Administration.

Establishment of Development Permit. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Subsection C.2. Application for a development permit shall be made on forms furnished by the zoning officer and may include, but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Payment of fees shall be required in accordance with Section 601.

Specifically, the following information is required to be shown on the plans submitted with the application for a development permit:

Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

Elevation in relation to mean sea level to which any structure has been floodproofed.

Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Subsection E.2.2; and,

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

Designation of the Local Administrator. The zoning officer is hereby appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions.

Duties and Responsibilities of the Administrator. Duties of the zoning officer shall include, but not be limited to:

3.1

Permit Review.

The zoning officer shall review all applications for development permits to determine that the permit requirements of this section have been satisfied.

The zoning officer shall review all applications for development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

The zoning officer shall review all applications for development permits to determine if the proposed development is located in the floodway, assure that the encroachment provisions of Subsection E.3.a. are met.

3.2

Use of Other Base Flood and Floodway Data. When base flood elevation and floodway data has not been provided in accordance with Subsection C.2, basis for establishing the areas of special flood hazard, the zoning officer shall request that the borough engineer obtain, and review base flood elevation and floodway data available from a federal, state or other source, and determine the base flood elevation and floodway data to use in administering Subsections E.2.1, specific standards, residential construction, and E.2.2, specific standards, nonresidential construction.

3.3

Information to be Obtained and Maintained.

The zoning officer shall obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

For all new or substantially improved floodproofed structures, the zoning officer shall:

(1)

Verify and record the actual elevation (in relation to mean sea level); and

(2)

Maintain the floodproofing certifications required in Section D.1.c.

The zoning officer shall maintain for public inspection all records pertaining to the provisions of this section.

3.4

Alteration of Watercourses.

The applicant for a development permit shall notify adjacent communities and the New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section and the land use regulation program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the zoning officer and Federal Insurance Administration.

The zoning officer shall require that maintenance is provided within the altered or relocated portion of said watercourse so the flood carrying capacity is not diminished.

3.5

Interpretation of Firm Boundaries. The zoning officer shall request the borough engineer to make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Subsection D.4.

Variance Procedure.

4.1

Appeal Board.

The zoning board of adjustment as established by the Borough of Califon shall hear and decide appeals and requests for variances from the requirements of this section.

The zoning board of adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the zoning officer or the borough engineer in the enforcement or administration of this section.

Those aggrieved by the decision of the zoning board of adjustment, or any taxpayer, may appeal such decision to the Superior Court of New Jersey, as provided by law.

In passing upon such applications, the zoning board of adjustment, shall consider all technical evaluations, all relevant factors, standards specified in other sections of this section, and:

(1)

The danger that materials may be swept onto other lands to the injury of others;

(2)

The danger to life and property due to flooding or erosion damage;

(3)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4)

The importance of the services provided by the proposed facility to the community;

(5)

The necessity to the facility of a waterfront location, where applicable;

(6)

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

(7)

The compatibility of the proposed use with existing and anticipated development;

(8)

The relationship of the proposed use to the borough's master plan and flood plain management program of that area;

(9)

The safety of access to the property in times of flood for ordinary and emergency vehicles;

(10)

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and,

(11)

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

Upon consideration of the factors of Subsection D.4.1 d. and the purposes of this section, the zoning board of adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.

The zoning officer shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.

4.2

Conditions for Variances.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (1)—(11) in Section D.4.1 d. have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Variances shall only be issued upon:

(1)

A showing of good and sufficient cause;

(2)

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and,

(3)

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in SECTION D.4.1d., or conflict with existing local laws or ordinances.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

Provisions for Flood Hazard Reduction.

General Standards. In all areas of special flood hazards the following standards are required to be met:

1.1

Anchoring.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

1.2

Construction Materials and Methods.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

1.3

Utilities.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters;

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and

Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

1.4

Subdivision Proposals.

All subdivision proposals shall be consistent with the need to minimize flood damage;

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and,

Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least fifty (50) lots or five (5) acres (whichever is less).

1.5

Enclosure Openings. All new construction and substantial improvements having fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, or other covering or devices provided that they permit the automatic entry and exit of floodwaters.

Specific standards. In all areas of special flood hazards where base flood elevation data have been provided as set forth in Subsection C.2, basis for establishing the areas of special flood hazard or in Subsection D.3.2, use of other base flood data, the following standards are required to be met:

2.1

Residential Construction.

New construction and substantial improvement of any residential structure shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities, elevated to or above base flood elevation;

within any AO zone on the municipality's FIRM that all new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet (at least two feet if no depth number is specified). And, require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

2.2

Nonresidential Construction.

New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; and

Within any AO zone on the municipality's DFIRM that all new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet (at least two feet if no depth number is specified). And, require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures; or

Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,

Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in Section D.3.3 b.(2).

2.3

Manufactured Homes.

Manufactured homes shall be anchored in accordance with Subsection E.1.1 b.

All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation.

Floodways. Located within areas of special flood hazard established in Subsection C.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

If Subsection E.3.a. is satisfied, all new construction and substantial improvements must comply with Subsection E., provisions for flood hazard reduction.

In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than two-tenths of a foot at any point.

(Ord. No. 2009-04, 8-17-2009; Ord. 1994-007, § 1; Ord. 1993-008, § 407)

16.16.080 - Historic district regulations.

Purpose and Definitions.

Purpose. The purpose of this section is to promote the conservation of historic sites and districts in the Borough of Califon, consistent with N.J.S.A.40:55D.2.j. To that end, the regulations of this section have been designed to achieve the following:

To safeguard the heritage of the Borough of Califon by preserving those aspects of the Borough that reflect elements of its cultural, social, economic and architectural history;

To maintain and develop an appropriate and harmonious setting for the historic and architecturally significant buildings, structures, and places within Califon;

To identify, designate, and regulate historic sites and historic districts in order to preserve their historical significance;

To stabilize, maintain and/or improve property values;

To foster civic pride in the history and architecture of the Borough of Califon;

To promote the use of the Califon Historic District for the education, pleasure, and welfare of the citizens of the Borough of Califon and its visitors;

To discourage the unnecessary demolition of historic resources;

To manage change of historic sites, buildings and structures both within and outside of the Califon Historic District by encouraging alteration and/or new construction sensitive to the above goals.

Definitions.

"Commission" shall mean the Historic Preservation Commission established pursuant to the provisions of the article.

"Demolition" shall mean the partial or total razing, dismantling or destruction, whether entirely or in significant part, of any designated building, structure, site, object or improvement. Demolition includes the removal of a building, structure, site, object or improvement from its location or the removal or destruction of its façade or any of its exterior elements.

"Historic District" shall mean one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.

"Historic District resources" shall mean those resources classified as either contributing or noncontributing, which are defined as follows:

"Contributing" shall mean any buildings, structures, sites, objects or improvements that are integral components of the historic district either because they represent an architectural type, period or method that is historically significant; or

"Noncontributing" shall mean any buildings, structures, sites, objects or improvements that may be located within a historic district but that do not in themselves have significant historical value because they neither date from a time period nor represent an architectural type, period or method that is historically significant.

"Historic site" shall mean any real property, man-made structure, natural object or configuration or any portion or group of the foregoing or historical, archeological, cultural, scenic or architectural significance which qualifies for a designation under Sections 16.16.080. An historic site may include the location of a significant event, a prehistoric or historic occupation or activity, a building or structure, or a burial ground or cemetery, whether standing, ruined or vanished, where the location itself possesses historical, cultural or archaeological value regardless of the value of any existing structure.

"Improvement" shall mean any work constituting or resulting in an extension or increase in the size, floor area or height of any building or structure or any change in the exterior features of any building or structure.

"Integrity" shall mean the authenticity of a building, structure, site, object, improvement or district evidenced by the survival of the physical characteristics that existed during its historic or prehistoric period.

"Inventory" shall mean a list of historic properties determined to meet one or more of the criteria of significance specified herein.

"Landscape" shall mean the visual character of the land, including, but not limited to, architecture, building setbacks and height, fences, and vistas.

"Master plan" shall mean the master plan of the Borough of Califon, as amended from time to time, complied pursuant to the N.J.S.A. 40:55D-28.

"Minor application for historic review" shall mean any application for a recommendation of historical appropriateness which:

Does not involve demolition, relocation or removal of an historic landmark or contributing resources in an historic district

Does not involve an extension or increase in the size, floor area or height of any historic site or to any contributing or non-contributing building or structure in an historic district or new construction in a historic district;

Is a request for approval of fences, signs, lighting, paving or streetscape work which, in the opinion of the chairman of the Commission, will not substantially affect the characteristics of the historic landmark or the historic district; or

Is a request for a field change for a recommendation of historical appropriateness which has already been issued and which meets the criteria of paragraph C above.

"Municipal Land Use Law" shall mean the Municipal Land Use Law of the State of New Jersey, P.L. 1975, c. 291 (N.J.S.A. 40:55D-l, et seq.) as amended from time to time.

"National Register Criteria" shall mean the established criteria for evaluating the eligibility of properties for inclusion in the Nation[al] Register of Historic Places, as set forth in 36 C.F.R 60.4, et seq.

"Object" shall be used as a term to distinguish from buildings and structures those constructions or features that are primarily artistic in nature or are relatively small in scale and simply constructed. Although such construction or feature may be, by nature or design, movable, an object is associated with specific setting or environment.

"Ordinary maintenance and repair" shall mean the repair of any deterioration, wear or damage to a structure or any part thereof in order to return the same as nearly as practicable to its condition prior to the occurrence of such deterioration, wear, or damage with in-kind material and quality workmanship.

"Permit, construction" shall mean any required approval issued by the Construction Official pursuant to the Construction Code for work or improvement(s) to a building or structure located thereon or by the Zoning Officer as to the permitted use or development of land and buildings.

"Person" shall mean any individual, partnership, joint venture, society, association, club, trustee, trust, firm, company, corporation, entity or unincorporated group; or any officer, agent, employee, factor or any personal representative of any of the foregoing in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law. When permitted by context "person" shall also include the United States, the State of New Jersey and/or other States, or any political subdivision thereof, and any foreign country or government.

"Preservation" shall mean the act or process of applying measures necessary to sustain the existing form, integrity and materials of an historic site or structure and includes preliminary measures taken to protect and stabilize the site or building or structure. Preservation is directed at the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction.

"Protection" shall mean the act or process of allying measures designed to affect the physical condition of a property by defending or guarding it from deterioration, loss or attack, or to cover or shield the property from danger or injury.

"Recommendation of Historical Appropriateness (RHA)" shall mean that document issued by the Commission which is required before any work may be commenced on any historic building, stricter, site, object or improvement located within an historic district.

"Reconstruction" shall mean the act or process or reproducing, by mean of new construction, the form, features and detailing of a non-surviving building, structure, site, object, improvement or landscape for the purpose of replicating its appearance at a specific period of time and in its historic location based on available documentary and physical evidence.

"Rehabilitation" shall mean the act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property that are significant to its historic values.

"Replacement" shall mean the act or process of replicating any exterior architectural feature that is used to substitute for an existing deteriorated or extensible damaged architectural feature.

"Restoration" shall mean the act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time. It may sometimes mean the removal of later work or the replacement of missing earlier work.

"Secretary of the Interior's Standards" shall mean the publication issued by the U.S. Department of the Interior, National Park Service, entitled: "The Secretary of the Interior's Standards for the Treatment of Historic Properties," 36 C.F.R. 68, issued in 1992 and revised and supplemented from time to time.

"Streetscape" shall mean the visual character of the street including, but not limited to, the architecture, building setbacks and height, fences, walls, storefronts, signs, lighting, landscape and materials.

"Survey, historic" shall mean the inventory of buildings, structures, sites, object, improvements and districts located within the Borough of Califon which is conducted by the Commission for the ascertainment of their historical significance pursuant to the provisions of this article.

"Survey data, historic" shall mean the raw data produced by the historic survey; that is information gathered on each property and area investigated.

"View" or "vista" shall mean the view by the public of a building, structure, site, object, improvement or landscape from any point on a street, road or walkway which is used as a public thoroughfare, including both vehicular and/or pedestrian ways.

Establishment of Historic District. The Califon Historic District was adopted by ordinance in 1976 based upon the Califon Historic District that appears on both the New Jersey and National Historic Registers and was documented in the Borough's 1975/76 New Jersey/National Register Nomination Form. The boundaries of the Califon Historic District are shown on the Historic District Map on file in the office of the Borough Clerk. Also, on file in the Borough Clerk's office is the List of Historic Sites, which includes historic and architecturally significant sites and buildings located both within and outside of the Califon Historic District. The List of Historic Sites was also developed in 1975/76 based upon the criteria of evaluation developed by the National Trust for Historic Preservation.

Uses Permitted. Uses permitted on property within the Califon Historic District shall be the uses otherwise permitted in the underlying zoning district(s) as shown on the current Zoning Map. Such uses shall not be prohibited by the further designation of property as lying in the Historic District.

Area and Yard Requirements. As specified for the underlying zoning district(s) in the schedule of area, yard and building requirements (Section 203).

Historic District Provisions. The following regulations shall apply in the Califon Historic District and to historic structures located outside of the Califon Historic District which are so designated on the List of Historic Sites, and these regulations shall be in addition to the other requirements imposed by this section.

Planning Board authorized to act as Historic Preservation Commission.

Pursuant to N.J.S.A. 40:55D-25d, the Planning Board is hereby authorized to and shall exercise, to the same extent and subject to the same restrictions provided for in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq, all of the powers of an Historic Preservation Commission.

All references in Title 16 of this Code to "Historic Preservation Commission" shall mean and refer to the Planning Board.

Powers of the Historic Preservation Commission.

Maintain the List of Historic Sites, and make recommendations to the Planning Board/Zoning Board of Adjustment for additions or deletions from the List of Historic Sites based upon the criteria used for nominations to the National Trust for Historic Preservation;

Make recommendations to the Planning Board/Zoning Board of Adjustment on the Historic Preservation Plan Element of the Master Plan and on the implications for preservation of historic sites and the Califon Historic District of other elements of the master plan;

Advise the Planning Board/Zoning Board of Adjustment on the inclusion of historic sites in the recommended capital improvement program;

Review all applications for construction permits, all development applications and all written requests for minor historic review submitted to the Commission and provide a written and/or oral recommendation to the Planning Board/Zoning Board of Adjustment as to whether each such application or request for review should be approved, disapproved, modified or approved with conditions pursuant to the procedures set forth in Section 16.16.080.E.3.c. and the standards for review set forth in Section 16.16.080.E.4.;

Provide written reports to the Planning Board/Zoning Board of Adjustment and to the Mayor and Council on the effect of any proposed amendments or revisions to the Land Development Ordinance as to their potential impact on historic preservation within the Borough of Califon; and

Carry out such other advisory, educational and informational functions as requested by the Planning Board/Zoning Board of Adjustment and/or the Mayor and Council to promote historic preservation within the Borough of Califon.

Extent and Applicability of Review by Historic Preservation Commission.

Reviews by the Historic Preservation Commission shall be limited to all exterior architectural and streetscape features.

The Historic Preservation Commission shall review plans for new construction or for the alteration, repair or demolition of any structure on a site within the historic district, even if such site is not included on the List of Historic Sites.

On all sites that are included on the List of Historic Sites, whether located within the Califon Historic District or not, no structure shall hereafter be erected, reconstructed, altered, restored, or demolished except following the submission to the Historic Preservation Commission of an application for a construction permit, if required, or following a written request for minor historic review, if no construction permit is required, then the subsequent approval by the Commission and the Planning Board/Zoning Board of Adjustment.

Review Procedures. The following procedures shall be followed for proposals subject to Historic Preservation Commission review:

The Zoning Officer shall review all applications for construction permits.

(1)

Where an application for a construction permit involves the construction, exterior alteration, exterior repair, moving or demolition of a structure(s) included on the List of Historic Sites, whether or not such site is also located within the Califon Historic District, the Zoning Officer shall refer such application to the Historic Preservation Commission for review.

(2)

Where an application for a construction permit involving the construction, exterior alteration, exterior repair, moving or demolition of a structure(s) included on the List of Historic Sites, whether or not such site is located within the Califon Historic District, also requires an application for variance or site plan review by the Planning Board/Zoning Board of Adjustment, the Zoning Officer shall refer the entire matter to the Planning Board/Zoning Board of Adjustment and the Secretary to the Planning Board/Zoning Board of Adjustment shall transmit the application to the Historic Preservation Commission for review within seven days of receipt. Failure to refer the application as required shall not invalidate any hearing or proceeding.

Where a construction permit is not required, a written request for minor historic review shall be filed by the applicant directly with the Historic Preservation Commission.

All applications shall be reviewed by the Historic Preservation Commission within forty-five (45) days of referral or receipt of a written request for minor historic review, and such review shall conclude with the preparation of either a written or oral report (by a member of the Historic Preservation Commission) to the Planning Board/Zoning Board of Adjustment with recommendations for approval, conditional approval. modification or denial of the proposal, which written or oral report shall be submitted or presented to the Planning Board/Zoning Board of Adjustment within the forty-five-day review period. The failure of the Historic Preservation Commission to submit its report within the requisite forty-five-day period shall not extend the time period for action on a development application by the Planning Board/Zoning Board of Adjustment beyond the number of days set forth in the Municipal Land Use Law.

The Planning Board/Zoning Board of Adjustment shall take action on the recommendation of the Historic Preservation Commission at its next regular meeting following the conclusion of the forty-five-day review period or at its next regular meeting following receipt of a written report from the Historic Preservation Commission or the conclusion of the forty-five-day review period, whichever occurs earlier, except that in the case of an application that also involves a development application for variance relief or site plan review, such action may be taken simultaneously with the Board's action on the development application.

The Planning Board/Zoning Board of Adjustment shall report its actions in response to the recommendations of the Historic Preservation Commission to the Zoning Officer and also to the Construction Official, where a permit is required, and also to the applicant or applicant's representative, in the case of a request for minor historic review.

If the Planning Board/Zoning Board of Adjustment disapproves or imposes conditions upon or requires modification of an application for a construction permit, the Zoning Officer and Construction Official shall deny the issuance of a construction permit until the applicant has complied with all aspects of the Board's decision.

If the Planning Board/Zoning Board of Adjustment recommends approval of an application for a construction permit, the Board shall issue a certificate of approval, dated and signed by the Chairman which shall be affixed to the permit application and returned to the Zoning Officer and Construction Official.

The failure of the Historic Preservation Commission to take action on an application for a permit within forty-five (45) days of referral by the Zoning Officer or by the Planning Board/Zoning Board of Adjustment Secretary, or within forty-five (45) days of receipt of a written request for minor historic review from an applicant shall be deemed to be a favorable recommendation for approval by the Planning Board/Zoning Board of Adjustment without any recommendation of conditions or modifications unless an extension of the time limit for action has been consented to previously, in writing, by the applicant.

In recommending the disapproval of an application for a permit, the Historic Preservation Commission shall state its reasons therefor in writing and may make recommendations with respect to the appropriateness of the design, arrangement, materials and the like, of the structure(s) involved.

Standards for Review.

The purpose of this section is to provide uniform standards and criteria for the regulation of historic sites, buildings and structures and historic districts for use by the Historic Preservation Commission. All projects requiring a recommendation of historical appropriateness and all applications for development involving historic sites, building or structures or in historic districts shall be governed by the principles contained within the Secretary of the Interior's Standards for the Treatment of Historic Properties and by the Secretary of Interior's Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings.

In reviewing an application, the Historic Preservation Commission shall give consideration to:

(1)

The historic or architectural value and significance of the structure itself and the value and significance of its relationship to the historic or architectural value of the Califon Historic District;

(2)

The general compatibility of the exterior design, arrangement, and materials proposed to be used with those of the existing structure and any other factors, including aesthetics, which the Commission deems pertinent;

All exterior elevations, including the roof, must be maintained and new construction must be compatible with existing structures, districts and surrounding areas.

In-kind or similarly compatible building materials must be utilized.

(3)

Descriptions of the details of design for the period of architecture represented by the particular structure and surrounding neighborhood;

(4)

The architectural features and exterior design, arrangement and materials of other historic structures in the immediate neighborhood of the particular structure; and

(5)

The position of the structure relative to streets and public views.

The Historic Preservation Commission shall not disapprove applications under this section except in regard to the considerations set forth in Section 16.16.080.E.4.a. above. The Historic Preservation Commission shall review only the exterior features of a structure and shall not consider interior arrangements. Moreover, the Historic Preservation Commission shall not consider those exterior features that are not subject to public view. The Historic Preservation Commission shall not make any recommendations for conditions or modifications except for the purpose of preventing developments obviously incongruous to the Califon Historic District or to the historic value and significance of the structure itself.

It is the intent of this section that the Historic Preservation Commission shall encourage alterations or repairs to any structure that is included on the List of Historic Sites, whether or not it is located within the Califon Historic District, provided such alterations or repairs are appropriate to the architectural style of the structure and use materials that will not detract from the structure's original style and appearance. Moreover, in its review of a proposed addition to an existing structure that is included on the List of Historic Sites, whether or not such structure is located within the Califon Historic District, the Historic Preservation Commission shall ensure that such addition is appropriate to the architectural style of the existing structure and uses materials that will not detract from the structure's original style and appearance.

The structures included on the List of Historic Sites, both within and outside of the Califon Historic District, have been deemed to be valuable for the period of architecture they represent and important to the neighborhood within which they exist. It is intended that demolition of these structures shall be discouraged, as their loss will be a common loss for the Borough and the neighborhood. Moving of a structure on the list shall be encouraged as an alternative to demolition, if there is no other way to save the structure.

Nothing in this section shall prohibit the repair or rebuilding of any structure on the List of Historic Sites so as to maintain or return the structure to its original condition prior to deterioration or destruction.

Where demolition or removal of an historic structure would represent a substantial loss to the public and to the Borough, the Historic Preservation Commission may recommend that the issuance of a permit or removal of the historic structure be postponed for a period of up to six months to allow time for other alternatives to be explored. If the Planning Board/Zoning Board of Adjustment accepts this recommendation, the demolition or removal of such historic structure shall be postponed for the recommended period following the Planning Board/Zoning Board of Adjustment's acceptance of the Historic Preservation Commission's recommendations, during which time the Historic Preservation Commission shall actively consult civic groups and public agencies to ascertain ways of preserving the structure. If and to the extent empowered by Mayor and Council, the Historic Preservation Commission may negotiate with the owner on behalf of the Borough to devise feasible plans for the preservation of the historic structure.

When it is found to be necessary to move an historic structure to another site within the Borough in order to preserve it, the applicant shall submit a relocation plan to the Planning Board/Zoning Board of Adjustment, and the Planning Board/Zoning Board of Adjustment shall approve the relocation providing all of the requirements of the applicable zone district are met as to lot area, setbacks, and yards and providing the new location is found to be appropriate and supportive of the continued preservation of the structure.

Appeals may be taken to the Borough Council by any person aggrieved by a ruling of the Planning Board/Zoning Board of Adjustment based on a recommendation received from the Historic Preservation Commission under this section.

(Ord. No. 2014-06 , § 1, 12-1-2014; Ord. 1993-008 § 408; Ord. No. 2019-03 , § 1, 5-6-2019; Ord. No. 2021-05 , § 2, 5-17-2021)

16.16.090 - Regulations for planned commercial development overlay zone.

Permitted Uses.

Planned commercial development (PCD) as defined in Section 16.04.040 of this title consisting of buildings and facilities accommodating as principal uses only the following:

Retail sales establishments, including supermarkets, grocery stores, retail liquor stores, variety stores, meat markets, drug stores, shoe stores, video stores, craft stores, bait and tackle shops, sporting goods stores, bakeries, hobby shops, antique stores, book stores, stationery stores, home and garden stores, pet stores, office supply stores, restaurants and luncheonettes;

Retail service establishments, including frame shops, barber shops, pet grooming shops, beauty salons, laundry and dry cleaning collection outlets, shoe repair shops, radio and television repair shops, gunsmiths, watchmakers, funeral parlors, professional and business offices, banks, printing establishments and newspaper offices;

Dance and exercise studios;

Music studios.

The following accessory buildings and uses in conjunction with the above principal permitted uses:

Buildings and uses customarily incidental to any of the principal permitted uses;

Off-street parking and truck loading spaces in compliance with other applicable sections of this section;

Child care center exclusively for the employees and customers of one or more principal permitted uses;

Public plazas, greens and recreation areas;

A sewage treatment facility serving only the PCD.

A building may contain more than one use and the PCD may contain more than one building provided that the maximum floor area ratio and impervious coverage requirements set forth in subsection B of this section are met.

PCD Development Requirements.

Tract Area. A minimum tract area of twelve (12) acres shall be required for any PCD. For the purposes of determining tract area, new public streets developed as part of a PCD and constructed by the developer of the PCD shall not be considered to divide or otherwise diminish the tract area.

Tract Frontage. A minimum street frontage of not less than two hundred (200) feet shall be required for a tract developed and used as a PCD.

Tract Depth. A minimum depth of three hundred (300) feet shall be required for a tract developed and used as a PCD.

Tract Setback and Buffer Requirements.

Front Yards.

Minimum to building: two hundred (200) feet;

ii.

Minimum to driveway or parking area: fifty (50) feet.

Rear Yards.

Minimum to building: one hundred (100) feet;

ii.

Minimum to driveway, parking or loading area: one hundred (100) feet.

Side Yards.

Minimum to building, parking or loading area: fifty (50) feet;

ii.

Minimum to driveway: thirty (30) feet.

Buffers.

Minimum to residential property line: one hundred (100) feet;

ii.

Minimum to other property line: thirty (30) feet.

Tract Coverage.

Maximum building coverage: .12;

Maximum impervious coverage: .40.

Tract Floor Area Ratio and Maximum Building Size. The maximum floor area ratio shall not exceed .12, and no individual building shall contain more than fifty thousand (50,000) square feet of gross floor area.

Building Height. The maximum building height shall not exceed two stories and thirty-five (35) feet.

Subdivision of Lots in a PCD. Subdivision of an approved PCD into individual lots is permitted provided that:

Although lot lines and lot area and dimensions need not conform to the requirements of the underlying zone, all lots in the PCD shall have legal access to a public street by means of a common driveway or private roadway system and all lots shall have legal access to all of the common elements within the PCD.

The development of each lot shall be consistent with the overall design theme approved for the PCD.

The requirements of subsections (B)(4), (5) and (6) of this section need not be met on individual lots in an approved PCD provided they are met by the PCD as a whole.

The board attorney shall review all legal documents pertaining to the PCD, including the association deeds and bylaws, to be certain that necessary rights-of-way and cross-access easements have been reflected appropriately. Attorney review and approval of these documents shall be completed prior to the signing of the final plats.

Parking Regulations.

The minimum number of required off-street parking spaces per establishment within a PCD shall be as set forth in Section 16.12.060 of this title. Alternatively, the board may approve an overall parking requirement of 4.5 parking spaces per each one thousand (1,000) square feet of gross floor area in the PCD.

Off-street parking spaces in a PCD shall be screened from view from off-site by building(s) or by berms and landscaping. Such landscaping shall consist of evergreen shrubs or trees having a minimum height at time of planting of at least four feet. Berms shall be two to four feet high, as appropriate to achieve the desired level of screening.

Within the PCD, parking facilities shall be centralized or interconnected, where appropriate, with walkways designed to facilitate direct pedestrian access to establishments.

The board may, in its discretion, permit construction of less than the full complement of parking spaces otherwise required within the PCD, provided that the board determines that the unconstructed parking spaces are not likely to be needed in the foreseeable future due to the particular mix of uses proposed and due to the benefits of shared or common parking areas and further provided that the unconstructed parking spaces are fully designed, including lighting, landscaping, screening and storm drainage, are shown on the site plan and are reflected in impervious coverage and tract setback calculations.

Construction of the unbuilt spaces may be initiated either by the owner(s) of the PCD upon notice to the zoning officer or by the zoning officer on behalf of the borough. Upon notification by the zoning officer that the unbuilt spaces have been found to be needed, the owner(s) of the PCD shall have six months in which to complete their construction.

Loading Requirements.

For each use within the PCD, off-street loading spaces shall be provided at the rate of one space for the first seven thousand (7,000) square feet of gross floor area served, plus one additional space for each additional ten thousand (10,000) square feet of gross floor area served.

Loading spaces shall be located at the side and rear of buildings and shall not be located between a building and a street.

Loading spaces serving more than one establishment may be clustered in one or more common, mutually accessible locations on the site.

Loading spaces and truck parking and circulation areas shall be permanently screened on a year-round basis by berms and evergreen trees and other suitable planting materials designed to provide a one hundred (100) percent opaque screen to shield adjacent properties and uses from illumination, fumes, blowing papers, noise and dust, and to prevent the encroachment of nonresidential views and activities on adjoining residential properties. Berms shall be at least four feet high, and evergreen trees shall have a minimum height at time of planting of at least ten (10) feet. Where feasible, screening shall be provided around the perimeter of the loading area itself as well as within required buffers.

Refuse, Rubbish and Recycling Requirements. Structures suitable for the orderly deposit, storage and pickup of garbage and recyclable materials shall be provided for each use and/or building. Said structures shall consist of steel-like totally enclosed containers which shall be situated within or adjacent to loading areas, where they can be obscured from view from adjacent properties while remaining accessible to haulers. Berms, fences, walls, evergreen plantings or a combination of these shall be used to provide complete screening of refuse handling and storage areas from buildings and parking areas on-site and from adjacent streets and properties.

Signs. Signs in a PCD shall conform to the regulations set forth in Section 16.12.020 of the land development ordinance and the following:

Up to two directory signs, each not exceeding eight feet in height and forty (40) square feet in area, shall be permitted within the PCD tract.

All signs within a PCD shall conform in character to each other and shall be part of a coordinated sign plan.

Freestanding signs shall consist of monument signs mounted on masonry structures. The height of the structure on which a monument sign is mounted shall not exceed four feet above grade.

Access and Traffic Control.

Access to individual uses within a PCD shall be by means of new public or private street(s) or common driveway(s). Direct access to an individual use from an existing street shall not be permitted.

New streets within a PCD shall meet borough specifications for the construction of streets and roads.

Driveways within a PCD shall conform to the following standards:

Each driveway shall be not less than fifteen (15) feet in width for one-way traffic, and not less than twenty (20) feet nor greater than thirty-six (36) feet in width for two-way traffic.

All driveways shall be paved with an asphalt or concrete material so as to be hard surfaced, dust free, well drained and safe for ingress and egress of motor vehicles.

Curb cuts for driveways shall not exceed thirty-six (36) feet in width measured at the front property line.

No driveway shall be closer than twenty (20) feet to a side lot line. No driveway shall be closer than three hundred (300) feet to any intersection of street lines.

Travel lanes in new streets and driveways shall be demarcated by curbs, planting strips or other suitable barriers against unchanneled traffic.

All driveways shall have appropriate lane markings and directional indicators.

Traffic directional signs shall be provided as required by the approving authority.

Provision shall be made for the separation of truck traffic from automobile parking areas within the site.

Lighting.

All new streets, driveways, parking and loading areas and walkways thereto and appurtenant passageways shall be illuminated for security and safety purposes. Provision shall be made for lighting to be turned off or reduced to the minimum intensity needed for security purposes during nighttime hours.

The lighting plan shall provide for nonglare, recessed lens lights focused downward with both horizontal and vertical cut-offs to reflect light downward and away from abutting residential properties and to prevent skyglow. The maximum apex angle of the cone of illumination shall not exceed one hundred fifty (150) degrees.

For each lighting fixture, including any fixture used to illuminate a sign, the total quantity of light radiated above a horizontal plane passing through the light source shall not exceed seven and one-half percent of the total quantity of light emitted from the light source.

Lighting fixtures shall be provided at all street and driveway intersections and at other locations as recommended by the borough engineer for safety reasons.

The light intensity provided at ground level shall average no less than two-tenths and no more than five-tenths footcandles within each area to be illuminated, shall not exceed two footcandles in any spot and shall not exceed two-tenths footcandles at any lot line abutting a residential use.

Metal halide and halogen lighting shall be filtered through tinted gels to reduce brightness and glare.

The applicant shall provide for underground service for all required lighting.

Lighting fixtures attached to buildings or poles shall be mounted at the lowest appropriate height, but shall in no case be mounted higher than twelve (12) feet or the height of the soffit line of the nearest principal building, whichever is less, measured from the ground level to the top of the light source. Lighting poles shall be constructed of pressure-treated wood, steel, cast iron or aluminum with poles and fixtures as approved by the board, and shall be spaced a distance of not more than five times the mounting height from one another.

Lighting fixtures and poles shall be of consistent architectural style throughout the development and shall complement the architectural style of the buildings.

10.

Freestanding light poles shall be protected with curbing and/or reinforced collars to avoid being damaged by vehicles.

11.

Whenever possible, walkways shall be lighted with low or mushroom-type standards.

12.

Flashing, moving, rotating or stings of lights, except Christmas lights, shall be prohibited.

13.

All outdoor lighting, including building and sidewalk illumination, driveway illumination, the lighting of signs and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow a determination of compliance with this section.

Utilities Service.

Sanitary Sewerage.

Each establishment and use within a PCD shall be required to be connected to and to discharge its sanitary sewage into an adequately designed sewage collection and treatment system approved by the board of health, county health department and New Jersey Department of Environmental Protection.

Where public sanitary sewerage facilities are not available, approval must be obtained for an alternate means of sewage treatment in accordance with all applicable state, county, and municipal regulations.

Sanitary sewerage lines shall be constructed within the development so as to facilitate future connections with public sewerage lines, regardless of the method of sewage disposal initially approved.

If an on-site sewage treatment and disposal system is proposed, the sewage treatment system shall be located within required setback lines, although an in-ground disposal field may be provided in areas outside of required setbacks lines.

Water.

If water is to be supplied to a PCD from a well or wells (whether through a private, semiprivate or public system), the preliminary site plan submitted to the board for approval shall indicate compliance with all applicable board of health, county health department and New Jersey Department of Environmental Protection requirements.

The water distribution system shall meet all requirements of this section.

Provisions for fire protection and firefighting shall be part of any water supply and distribution system.

Buffering, Screening, Landscaping and Tree Planting Requirements.

Buffering.

All required tract boundary setbacks shall be treated as buffer areas.

The buffer shall include existing vegetation, new plantings, or both, sufficient to create a one hundred (100) percent visually impervious, year-round screen, unless a less intense screen is approved by the board. Plantings shall be spaced appropriately in accordance with the types of plantings utilized. Ordinarily, buffer plantings shall be staggered in two or three rows and shall be a minimum of six feet high at time of planting.

Screening.

Screen plantings shall be provided wherever specified in this section and in other locations as required by the board to shield the public and adjoining residential properties from unsightly or nonresidential views.

Screen plantings shall be broken only at points of vehicular and pedestrian ingress and egress, as approved by the board.

Screen plantings shall be placed so that, at maturity, such plantings will extend no closer than three feet from any street right-of-way or tract boundary line.

Screen plantings approved as part of any site plan approval shall be maintained permanently, and any plant material which does not live shall be replaced within one year of its demise.

Landscaping. Landscaping shall be provided as part of the overall site design and shall be planned in relation to proposed buildings and parking areas, topography, surrounding uses and buffering requirements. Landscaping shall include trees, bushes, shrubs, groundcovers, perennials and annuals, and the use of building and paving materials in an imaginative manner. Retention and appropriate supplementation of existing vegetation is encouraged wherever practicable and desirable.

A detailed landscaping plan shall be submitted with the preliminary site plan application. The plan shall identify existing and proposed trees, shrubs, bushes, plant material and groundcover, and natural features such as boulders and rock outcroppings and shall show all proposed planting details and specifications, including the location, size, spacing, quantity, and species (botanical and common names) of all plants and the location, perimeter outline, type and thickness of all mulches. A landscaping schedule shall also be presented on the landscaping plan listing the size, quantity, species and other pertinent information. Where turf is proposed, topsoiling, seeding or sodding, fertilizing, liming and watering schedules and specifications shall be provided. Planting details (staking, fertilizing, watering, soil mixture, etc.) shall be specific to existing soil and exposure conditions.

Where existing natural growth is proposed to remain, the applicant shall include in the plans the proposed methods to protect such vegetation from injury during and after construction. Existing large trees shall be saved by maintaining the existing grade around the dripline of each tree, by the construction of tree wells or retaining walls, and by installing protective fences prior to initiating any grading and construction activities. Maximum effort shall be made to save groups of trees wherever possible.

The following design principles shall be observed in the design of a landscaping plan:

Landscaping shall be located to provide for climate control. For example, planting shade trees on the south side to shield the hot summer sun and evergreens on the north and northwest sides for windbreaks.

ii.

Landscaping shall be used to accent and complement buildings. For example, groupings of tall trees shall be located to break up views of long, low buildings, and lower trees and shrubs shall be planted around taller buildings to deemphasize their height.

iii.

Landscaping shall be provided in all publicly accessible areas, throughout parking areas, adjacent to buildings, and at all entrances to the PCD.

iv.

Vines and climbing plants shall be utilized along large expanses of walls to reduce heat buildup and for aesthetic purposes.

Groundcovers shall be used extensively to reduce erosion and are specifically encouraged on slopes and in areas that will be difficult to mow.

vi.

A variety of landscape plantings shall be provided on each site. The mixture shall consider susceptibility to disease, variation in color, seasonal performance, textures, shapes and characteristics of blossoms and foliage. Local soil conditions and water availability shall also be factors in the choice of landscaping. Moreover, the long-term impacts of the proposed landscaping plan as the plants mature shall be considered and addressed; for example, shrubs may grow and eventually block sight distances, foundation plants may eventually block accessways, and trees may eventually grow too close together and inhibit each other's growth.

vii.

Fewer large specimens are preferred to more small ones. As a minimum, unless otherwise provided in this section, deciduous trees shall be at least two inches caliper, measured three feet from the ground, at the time of planting, and evergreens, other than those used for screening in buffer areas, shall be at least four feet tall. Shrubs shall be at least eighteen (18) to twenty-four (24) inches tall at time of planting. All plantings shall be of nursery stock, free from disease and infestation and balled and burlapped.

viii.

Plantings shall be chosen to match the particular microclimate and space restrictions to which they will be exposed. For example, drought-tolerant plants shall be located in areas surrounded by pavement, and maples and other trees shall be located where their roots will not raise sidewalks.

ix.

The preservation of natural wooded areas, rock outcroppings and other topographic features as well as historically interesting man-made features such as stone walls or stone rows shall be an integral part of all site plans regardless of their location within or outside of required buffer areas; the board may waive screening requirements where such features are present within a required buffer area.

Parking Lot Landscaping.

Parking lots shall be canopied with trees for shade and to help reduce stormwater runoff.

ii.

Landscaping in or near parking areas shall be selected and located to withstand the effects of snowplowing.

iii.

Landscaping in or near parking areas and access drives shall be located so as not to obstruct vision. Various types of trees and shrubs shall be grouped to soften views of parked vehicles from adjacent streets and nearby properties.

iv.

Parking lots shall also be screened as provided at subsection (C)(2) of this section.

Shade Trees.

Shade trees shall be planted at appropriate locations throughout the site at the rate of six shade trees per gross acre of the development site. The board may waive a portion of this requirement where existing vegetation that will provide the intended shade is proposed to be retained.

ii.

All newly planted shade trees shall be of nursery stock, free from disease and infestation, and shall be balled and burlapped. Shade trees shall have a minimum caliper of two inches, measured three feet from the ground at time of planting, except that street trees shall be sized in accordance with subsection (J)(3)(f) of this section.

Street Trees.

Street trees shall be selected to fit the size and type of space provided. For example, wide-spreading trees shall be planted where there is sufficient room, and small or narrow trees shall be used in more restricted areas.

ii.

Street trees shall be installed along all existing streets and on both sides of any new streets or access drives. Trees may be massed at critical points, spaced evenly along the street, or both, as approved by the board.

iii.

When trees are planted at predetermined intervals along a street, the required spacing shall depend on tree size:

Mature Tree Size (to top of crown, in feet)	Planting Interval (in feet)
Large trees (40+ feet)	30 ft. on center
Medium-sized trees (25—39 feet)	20 ft. on center
Small trees (to 25 feet)	15 ft. on center

iv.

When it is necessary for the spacing interval to exceed thirty (30) feet, small ornamental trees shall be planted between the larger trees. If a street canopy effect is desired, trees may be planted closer together, pursuant to the recommendations of a certified landscape architect. Street trees shall be planted so as not to interfere with utilities, roadways, sidewalks, sight triangle easements, sight distances and street lights. Street tree locations, types and spacing shall be approved by the board as part of the landscaping plan.

At least two varieties of street tree shall be used along a street to avoid potential problems associated with monoculture. Selected varieties shall be indigenous to the area.

vi.

Trees shall be planted in groupings that are similar in form, height and character to provide for a smooth visual transition along the street.

vii.

Street trees shall be at least three to three and one-half inches in caliper, measured three feet from the ground, at time of planting.

viii.

Within sight triangle easements, trees may be planted with the approval of the borough engineer, provided such trees are of sufficient size at time of planting to enable immediate pruning up to a ten (10) foot minimum branching height.

Installation and Maintenance.

All trees shall be nursery grown, of substantially uniform size and shape, and shall have straight trunks. Trees shall be properly planted and staked and provision shall be made by the applicant for regular watering and maintenance until the root systems are well established.

ii.

For two planting seasons following the initial planting, the applicant shall be responsible for replacing dead or dying street trees within the right-of-way of a public street, which replacement shall occur within one year of the demise of the tree.

iii.

All other site landscaping planted pursuant to the approved site plan shall be maintained. Dead trees or shrubs shall be replaced by the site owner. Failure of the owner to comply with these provisions within six months of notification by the zoning officer shall be considered a violation of this section.

Street Furniture.

Street furniture, such as gazebos, trash receptacles, benches and the like, shall be located throughout the PCD and sized in accordance with their anticipated use.

Street furniture elements throughout a PCD shall be compatible in form, material, finish and style with each other and shall be coordinated with site architecture and lighting fixtures.

Selection of street furniture designs and materials shall also consider durability, aesthetics and long-term maintenance costs.

Design Requirements.

Design Theme Coordination. The design of all buildings within a PCD shall be coordinated to complement one another and to reflect a unified architectural theme consistent with the design guidelines set forth below. Such design theme shall address, but not by way of limitation, facades, roof lines, building materials and colors, details, lighting fixtures, signs, amenities and street furniture. Individual lots within an approved PCD shall be developed and maintained according to the overall design theme of the PCD.

Design Guidelines. The PCD shall be designed to achieve visual compatibility with the surrounding area. The following guidelines for building design, facade treatments, signs, lighting and street furniture are recommended to be observed in the design of a PCD:

Building Massing and Scale.

Buildings with expansive blank walls and curtain wall structures are discouraged. The use of building offsets and differences in building height and rooflines is recommended.

ii.

Flat, shed and mansard roofs are not recommended; gable roof designs are specifically encouraged.

iii.

A human scale should be achieved through the placement of such elements as windows, doors, columns and canopies.

Building Materials and Color.

Building materials selected should be similar to the materials in adjacent structures, whether residential or nonresidential.

ii.

Metal panels and mirrored glass surfaces are discouraged.

iii.

Metal awnings are discouraged.

iv.

The painting of buildings in bold colors or with patterns, checks and the like, such that the building becomes or has the effect of being a sign, is discouraged. Earth-toned masonry, brick, stone shingles, painted clapboard (vinyl equivalents of shingles or clapboard) are preferred.

Building Details.

If several storefronts are located in one building, they should be unified in design treatment: e.g., the design and balance of windows and door openings, the use of materials and color, and lighting and signage.

ii.

Display windows for all storefronts should have a sill height not more than two feet above grade.

iii.

Surface detailing should be integral to the structure rather than merely applied for decorative purposes.

iv.

Any exterior mechanical and electrical equipment should be architecturally screened for both visual and noise attenuation.

Signs.

Preferred sign materials are wood or masonry.

ii.

Signs should be designed using the same architectural theme as the buildings in the PCD.

iii.

Where a building will contain more than one sign, the signs should all be similar in size, material, color and method of lighting.

Site Plan Review. No final approval shall be granted for any portion of a PCD without a preliminary site plan for the development of the entire tract having first been approved.

Findings for Planned Developments. Prior to the issuance of preliminary site plan approval for a PCD, the board shall find the following facts and conclusions:

That departures by the proposed development from the zoning regulations otherwise applicable to the subject property conform to the zoning requirements for planned commercial development set forth in this section;

That the proposals for maintenance and conservation of all common open space and common elements are reliable, and the amount, location and purpose of the common open space and common elements are adequate;

That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate;

That the proposed development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;

In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the occupants and owners of the proposed development in the total completion of the development are adequate.

(Ord. 2002-06 § 2)