No lot shall be approved for development unless the approving authority makes a specific finding that the lot is suitable for its intended purpose, whether residential or nonresidential, without danger to health or peril from flood, fire, erosion or other menace. The approving authority shall find specifically that the lot or lots are free of adverse effects as defined in this chapter. The applicant shall prove that the lot or lots satisfy the standards of design and performance set forth in Article VI herein and the zoning provisions set forth in Article VII herein, subject to such waivers or variances as the Board deems appropriate according to law.

Character of land. Land identified in the Master Plan or through field investigation as critical areas or having severe or moderate soil characteristics particularly as the land relates to flooding, improper drainage, shallow depth to water table, steep slopes, rock formations, utility easements or similar features shall not be used as buildable areas unless adequate and acceptable methods are formulated by the developer to solve the problems by methods meeting this chapter and all other regulations, including but not limited to cluster designs, lot-size averaging or simultaneous planning for noncontiguous tracts.

Exceptions. (See §§ 92-88 and 92-32)

Greenways Plan. The approving authority shall consider the Greenways Plan when reviewing applications for development. Where appropriate, the approving authority shall require provisions for the protection and preservation of areas designated in the Greenway Plan taking into consideration the specific character of the land and methods for protecting and preserving said lands by cluster design or lot-size averaging.

Antique shops may only be located in existing structures, which were at least 50 years old as of December 30, 1991.

The lot size shall meet the minimum required for the district. In the Village District, lot width shall be a minimum of 200 feet at the front yard setback, with a minimum of 150 feet frontage at the street. Lot width shall be a minimum of 200 feet at the front yard setback, with a minimum of 150 feet frontage at the street.

The impervious surface ratio shall not be greater than 10% over the maximum permitted in the zone.

Any existing building used for an antique shop shall meet the minimum front yard setback of the zone. No new construction shall exceed the minimum front yard setback or any other bulk requirements.

Parking shall be provided at the rate of one space per 200 square feet of gross floor area for the shop, with an additional space for each employee during the peak employee shift.

Signs. Only one freestanding or facade sign can be erected, which shall be wood and illuminated by exterior lighting. Sign area shall not exceed six square feet. Freestanding signs shall be setback 20 feet from the property line and not exceed a height of four feet.

A minimum parking lot buffer of 15 feet shall be provided, which shall be landscaped with evergreen plant materials, maintained a minimum of six feet in height. Shade trees are to be installed at the rate of one tree for every four parking spaces and shall be a minimum of three inches in caliper when planted.

The lot size shall meet the minimum required for the zoning district and under no circumstances absent a variance, shall it be less than one acre in the Village District. In addition, in the AVAD, lot width shall be a minimum of 200 feet at the front yard setback, with a minimum of 150 feet of frontage at the street.

The maximum permitted impervious coverage may be increased by up to 10% over the maximum permitted in the zone district.

Any building used for a bed-and-breakfast shall meet the minimum setback requirements of the zoning district.

Three parking spaces must be provided for the owner/residents in addition to one space per guest room. All parking for the bed-and-breakfast must be provided on-site without impeding access for fire trucks, ambulances and other emergency service vehicles.

Accessory use. All bed-and-breakfasts shall be an accessory use to the principal use that is a single-family detached dwelling.

No signs identifying the bed-and-breakfast as a bed-and-breakfast are permitted.

Purpose; applicability.

Landscape plan. A landscape plan prepared by a landscape architect certified by the New Jersey State Board of Architects and Certified Landscape Architects shall be submitted with each major site plan and major subdivision application. The plan shall identify existing and proposed trees, shrubs, ground cover, natural features such as rock outcroppings and other landscaping elements. The plans shall show where they are or will be located and planting and/or construction details, including street trees, residential lot tree groves and buffering. When existing natural growth is proposed to remain, the applicant shall include in the plans the proposed methods to protect existing trees and growth during and after construction.

Performance guarantee. Developers of major subdivisions shall file a performance guarantee sufficient to cover 120% of the cost of the landscaping plan as required in § 92-18E(1) and (2), and shall provide a maintenance guarantee to ensure the survival of all plantings for a two-year period.

Site protection and general planting requirements.

Street trees.

Buffering.

Landscaping in parking and loading areas.

A twenty-five-year storm curve shall be used in computing stormwater runoff for the roadway collection system.

The pipe size shall be determined by acceptable engineering design procedures but not be less than 15 inches in diameter.

Drainage inlets shall be located at intervals of not more than 400 feet or such shorter distances as required to prevent the flow of surface water from exceeding 4.0 cubic feet per second at the drainage inlet. Access manholes shall be placed at maximum four-hundred-foot intervals throughout the system and at pipe junctions.

Where storm drain pipes are installed outside of streets, easements or rights-of-way shall be required in accordance with § 92-52.

Storm drain pipes shall be the size specified and laid to the exact lines and grades approved by the Municipal Engineer. Specifications for manholes, inlets and storm drains shall follow the Township standard construction details and current NJDOT Standard Specifications for Road and Bridge Construction.

Where any development is traversed by a watercourse or drainage ditch, a drainage right-of-way easement shall be dedicated to the Township. A minimum of 15 feet beyond the bank top on at least one side shall be provided for access to the drainage right-of-way. (See § 92-51.)

All developments shall incorporate on-site stormwater facilities that will result in stormwater leaving the property at the same rate that existed prior to the development. All measures shall comply with § 92-73, Soil erosion and sediment control. Grading shall direct drainage away from all buildings, prevent the collection of water in pools and avoid the concentration of stormwater from one lot to another.

The following general standards shall be adhered to in the preparation of stormwater management plans:

Specific standards.

Design.

Maintenance and repair.

Driveway permit. No person shall cut, construct or alter any driveway, new or existing, or the drainage associated with any driveway without first securing a driveway permit from the Township Department of Public Works Superintendent. For the purpose of this chapter the term "driveway" in addition to its common meaning shall also refer to any lane, accessway, construction entrance, or private road. For the purpose of this chapter a driveway shall be considered altered when a driveway at any point within 50 feet of the center of the roadway is paved, widened, narrowed, relocated, when its grade is changed, or when modified such that the prior existing drainage is altered. (The normal maintenance of replacing stone and patching asphalt shall not be considered as an alteration.)

Application.

Fee and drainage pipe.

Grade.

Angle. All residential driveways shall be constructed so that the angle between the driveway center line and the near edge of the roadway shall be 90° for a minimum distance of 50 feet from the center line of the road. The angle between commercial and industrial driveways and the near edge of the roadway shall be as approved by the Township Planning Board during site plan review. The Township Department of Public Works Superintendent and Engineer shall review all site plan applications and provide input to the Planning Board before final site plan approval. (See § 92-63.)

Width. All residential driveways shall have a minimum driving width of 10 feet and a maximum width of 12 feet. Common driveways shall have a minimum width of 10 feet and a maximum width of 14 feet. Leading from the edge of the roadway along the driveway there shall be a minimum widened approach which shall depend upon the conditions of the specific location, but in no case shall it be less than a five-foot radius or flare on each side of the driveway. The widths of commercial and industrial driveways shall be as approved by the Township Planning Board during site plan review. The Township Department of Public Works Superintendent and Engineer shall review all site plan applications and provide input to the Planning Board before final site plan approval. (See § 92-63)

Erosion control.

Drainage.

Construction material. Driveways shall be constructed of the following materials from the edge of the existing traveled way or pavement a distance of 50 feet from the roadway center line (or such shorter distance as is approved by the Township Department of Public Works Superintendent):

Sight triangle.

Inspection.

Construction permit and performance guarantee.

Violations. Any person, firm or corporation violating this chapter causing damage to or obstruction of any public road, gutter, storm drain, ditch, basin, inlet or culvert or causing soil or sediment to be spilled, dropped, washed, or tracked onto the public right-of-way shall be responsible for all expenses incurred by the Township for repairing or preventing said damage or removing said obstruction, soil, or sediment in addition to the penalties herein provided.

Agricultural exits/entrances. Agricultural exits and entrances, which are used solely for farming purposes, and which are usually seasonal in use, shall not be subject to the requirements of this section. These agricultural exits and entrances shall not be permanent and must be installed and removed in accordance with the requirements of the Township Department of Public Works Superintendent, taking into account the traffic and safety on the road and the type of farming operation.

A description of the development specifying what is to be done during construction and operation, and how, including practical alternate plans to achieve the objective(s). Such description should set forth solutions to anticipated environmental problems as well as suggestions on how the development design will conserve energy and maximize utilization of renewable energy sources.

An inventory of on-site environmental conditions and an assessment of the probable impact of the development upon them: aquatic ecology including water conditions and aquatic populations; surface and subsurface hydrogeology; potable water supply; wetlands; geology; soils and properties thereof, including capabilities and limitations; sewage treatment; topography; vegetation; presence of rare, threatened or endangered species; noise characteristics and levels; existing land use; any particular past or present use that might have involved toxic or hazardous materials such as a dump, disposal site, or manufacturing operation; aesthetics and history. Air and water quality shall be described with reference to standards of the Department of Environmental Protection of the State of New Jersey, and soils shall be described with reference to Soil Conservation Service categories and characteristics.

For major subdivisions, the applicant is required to submit pollutant loading analysis. The analysis should consist of the computation of predeveloped and post-development pollutant loads for the following parameters: phosphorous, nitrogen, suspended solids, lead, and petroleum hydrocarbons. The object of this analysis is to substantiate that the post-development storm runoff is properly mitigated and that there is no net increase in the off-site generation of the above-stated pollutants. This requirement can be waived by the approving authority upon the request of the applicant.

A list and the status of the approvals needed from federal, state or county agencies including any comments of these governmental agencies.

An evaluation of any residual adverse environmental impacts (short-term and long-term) which cannot be avoided, including air and water pollution, noise, sedimentation and siltation.

A description of steps to be taken to avoid or minimize or mitigate or compensate for adverse environmental impacts both during and after construction and operation, including maps, schedules and other explanatory data.

Notwithstanding the foregoing, the approving authority may waive all or part of an environmental impact report for good reason and if sufficient evidence is submitted to support a conclusion that the development will have a slight or negligible environmental impact, or that the complete report need not be prepared to evaluate the environmental impact of the development.

Installation requirements for storage tanks. Applicants for all major subdivisions, and all major site plans of 10,000 square feet or greater, excluding farm buildings, shall be required to install underground water storage tanks and appurtenances for fighting fires, as detailed in this section, and as approved by the Township Engineer.

Location of storage tanks.

Capacity of storage tanks. Storage tank capacity shall be based on NFPA 1142, Water Supplies for Suburban and Rural Fire Fighting (hereinafter referred to as NFPA 1142), using 75% of the tank capacity, and shall meet Insurance Service Office (ISO) requirements. Notwithstanding the above, the minimum capacity of each storage tank shall be 30,000 usable gallons.

Design and construction of storage tanks. Unless an equivalent alternate fire protection system is authorized by the approving authority, the Township Engineer and the Fire Official, in consultation with an official from the Amwell Valley Fire Company, storage tanks shall be constructed and installed in accordance with NFPA 1142 and the following:

Alternate water supplies.

Drawings and details required.

Installation of storage tanks.

Signage.

Testing of system and certification of storage tanks.

Construction permits and certificates of occupancy. In all cases where a storage tank(s) is required, no construction permit shall be issued for a structure upon any lot within the subdivision or site plan until such system is installed and its operability tested and approved by the Township Engineer or Fire Official, in accordance with Subsection I above, and access is provided in accordance with Subsection K below.

Fire protection during construction.

Performance guarantee, inspection fee and maintenance bond.

Maintenance, acceptance and inspections.

Penalties.

Floodplains shall be preserved and not built upon. Where a property containing a floodplain is proposed for development or other improvements, no proposed structures shall be located within the one-hundred-year floodplain. The uses permitted in the one-hundred-year floodplain shall be limited to general farming, overflow parking and loading areas or areas serving peak parking and loading demands, lawns, gardens, detention basins, and ponds meeting other state regulations and open space/recreation areas not requiring permanent structures. No septic systems shall be in the one-hundred-year floodplain. Except as otherwise provided below, the one-hundred-year floodplain shall be at least that area designated on the streams identified on the Floodway Maps prepared by the National Flood Insurance Program, or such broader areas on those streams as might result from on-site evaluation by a developer's engineer and approved by the Township Engineer, or such broader areas on any stream as might hereafter be designated by the National Flood Insurance Program or the New Jersey Department of Environmental Protection, Division of Water Resources.

The purposes for the flood area protection are:

Variances in Flood Hazard District. In reviewing the applications for relief from these floodplain regulations, the approving authority shall, to the extent they are consistent with the standards set forth in the Municipal Land Use Law, consider the following:

See also Chapter 81, Flood Damage Prevention, of the Code of East Amwell. In the event of inconsistencies with said Chapter 81, the more stringent environmental provisions shall apply.[1]

Membership by all owners of property or interests in the project shall be mandatory. Required membership and its responsibilities shall be in writing between the organization and each member in the form of a covenant with each agreeing to liability for his pro rata share of the organization's costs.

The organization shall be responsible for liability insurance (with the municipality carried as a named insured), taxes, maintenance and any other obligations assumed by the organization, and shall hold the municipality harmless from any liability. The organization shall not be dissolved and shall not dispose of any common open space or common property by sale or otherwise, except to an organization conceived and established to own and maintain such open space or property for the benefit of such development. Such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to the municipality(ies) wherein the land is located.

The organization shall be allowed to adjust the assessment to meet changing needs.

The organization shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of its covenants, model deeds, and articles of incorporation. The master deed shall state that every tenant and property owner shall have the right to use all common properties.

The articles of incorporation, covenants, bylaws, model deeds and other legal instruments shall insure that control of the organization shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied and shall clearly indicate that in the event such organization shall fail to maintain the common open space or common property in reasonable order and condition, the Township may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the common open space or common property in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof, and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the Township Committee may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the Township, in order to preserve the common open space and common property and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the common open space and common property except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Township Committee shall upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space and common property call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Township Committee, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township Committee, continue for a succeeding year. If the Township Committee shall determine that such organization is ready and able to maintain said open space and property in reasonable condition, the Township shall cease to maintain said open space and property at the end of said year. If the Township Committee shall determine such organization is not ready and able to maintain said open space and property in a reasonable condition, the Township Committee may, in its discretion, have the Township continue to maintain said open space and property during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township Committee in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open space and common property in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.

The purpose and intent of this lighting section is to preserve the rural, agricultural and historic nature of East Amwell, preserve East Amwell's investment in farmland preservation, protect the sky from light pollution and unnecessary sky glow, promote environmentally sound and responsible use of resources, protect drivers and pedestrians from glare, protect the natural environment from the damaging effects of night lighting from man-made sources, discourage the waste of electricity and improve or maintain nighttime public safety, utility, and security.

Applicability of this lighting section.

This subsection contains general standards which apply to all outdoor lighting.

This subsection contains standards which apply only to residential and agricultural lighting.

This subsection contains standards which apply only to commercial and public lighting.

Plans required. Plans shall include the following:

Compliance monitoring.

Preexisting lighting installed before the adoption of the current lighting regulations is exempt only where such preexisting lighting was in compliance with the prior lighting regulations or was installed before the prior lighting regulations.

Insofar as is practical, lots shall be rectangular, lot lines shall be straight, and side lot lines shall be either at right angles or radial to street lines.

Each lot must front upon an approved public street.

Lots with frontage on two streets shall have access to the street with the lower traffic function.

Extra width for street widening in accordance with an adopted Master Plan shall either be offered by easement or, if not, shall be anticipated by increasing the lot size in anticipation of future right-of-way.

Where there is a question as to the suitability of a lot(s) due to rock formations, flood conditions, wetlands, high-water table, where percolation tests or test borings show the ground conditions to be inadequate for proper sewage disposal, or similar circumstances, the approving authority may, after adequate investigation, withhold approval of such lots. See the definitions in § 92-4.

Where two or more contiguous lots exist under the same ownership and one or more of said lots do not conform with the area and/or dimension requirements of this chapter, said contiguous lots shall be considered merged into the greatest number of conforming lots.

Grandfather clause.

Whenever land has been dedicated to the Township in order to meet the minimum street width requirements or to implement the Master Plan, the Zoning Officer shall not withhold a zoning permit when the lot depth and/or area was rendered substandard due to such dedication and where the owner has no adjacent lands to meet the minimum requirements.

Grandfather clause for clustered lots. Any lot less than 1 1/2 acres in size, whether vacant or upon which a single-family detached dwelling has been constructed, and which lot legally existed as of September 1, 1995, as a residential lot in a clustered residential development approved by the East Amwell Township Planning Board, may have a construction permit issued for a single-family detached dwelling and/or a building permit issued for either an addition to the principal building or for the construction of an accessory building, provided that the following conditions are met:

Purpose. The purpose of this section is to provide a realistic opportunity for a program to rehabilitate deficient housing in which low- and moderate-income households live. These provisions are geared toward the Township meeting its obligation to provide opportunities to improve the housing stock of its indigenous poor in conjunction with its other rehabilitation efforts. Any aspects of development that relate to providing lower-income housing shall also be consistent with Chapter 43, Affordable Housing, Article I, Affordable Housing Regulations.

Required participation. The issuance of building permits or certificates of occupancy, or the granting of subdivision or site plan approvals on properties where the approval requires one or more dwelling units to be dedicated to lower-income housing as set forth in this chapter and Chapter 43, Affordable Housing, Article II, Affordable Housing Regulations, shall be denied unless the developer complies with the obligation to participate in the housing program pursuant to both these ordinances, and the approving authority may impose any reasonable conditions to secure such undertaking.

Controls on affordability shall follow the requirements of Chapter 43, Affordable Housing, Article II, Affordable Housing Regulations.

Monuments shall be the size and shape required by the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.) as amended, be placed in accordance with said statute, and indicated on the final plat.

In addition to the monuments required by the Map Filing Law, the following are required:

Property corner markers required above shall be set by licensed surveyors and, except for monuments required on filed maps, shall be composed of durable material and be of the minimum length practical to reasonably assure permanence, with a recommended length of 18 inches or more. These markers may include:

Essential off-tract improvements may be required to be installed or a performance guarantee furnished in lieu thereof, with the total cost borne by the developer.

Advisable off-tract improvements. Where the approving authority finds that off-tract improvements would be advisable, although not essential and the improvements would promote the objectives of this chapter and can be most appropriately accomplished in connection with the development, and particularly where the off-tract improvements would be required to be made as a local improvement by the Township with the costs thereof to be assessed against all properties specially benefited thereby, (including the property of the developer), the following provisions shall apply:

When off-tract improvements are required in Subsections A or B above, the following standards shall be used to calculate the contributions required:

Construction of improvements.

Off-Tract Improvement Fund.

Driveways shall conform to the driveway provisions in § 92-51. Driveways to uses other than residential shall be limited to one to any street, except that, when the frontage exceeds 500 feet, the number of drives may be based on one drive for each 250 feet of property frontage with the center line spaced at least 65 feet apart. Each drive shall handle no more than two lanes of traffic; be at least 50 feet from the street line of any intersecting street; and be at least 20 feet from any property line. Curbing shall be either depressed at the driveway or have the curbing rounded at the comers with the access drive connected to the street in the same manner as another street.

Access to parking and loading spaces shall be by on-site aisles to permit each vehicle to proceed to and from each space without moving another vehicle. Parking spaces shall not be an extension of any street right-of-way.

Buffers. Parking and loading areas for six or more vehicles shall be buffered from adjoining streets and single-family residential uses meeting the objectives of § 92-46.

Curbing. Off-street parking areas containing six or more spaces and all off-street loading areas shall have concrete curbing around the perimeter located in conjunction with an overall drainage plan. Curbing shall be ramped in accordance with the "Design Standards for Curb Ramps for the Physically Handicapped" of the New Jersey Department of Transportation with ramps opposite each aisle.

Dimensions.

Drainage facilities shall be installed in accordance with good engineering practice as approved by the Municipal Engineer and in accordance with § 92-50, Drainage, and Chapter 122, Stormwater Mangement. Where subbase conditions are wet, springy or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least six to 12 inches below the proposed subgrade and filled with a suitable subbase material as determined by the Municipal Engineer. Where required by the Municipal Engineer, a system of porous concrete pipe, subsurface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. Parking spaces shall not exceed a grade of 4%, and interior access drives shall not exceed 6.5%.

Surfacing shall be approved as part of the plan approval and shall conform to the paving requirements shown in the construction details of the Appendix.[5] All shall be constructed in accordance with the Standard Specifications of the New Jersey Department of Transportation.

Landscaping in parking and loading areas shall be shown on the site plan. Trees shall be spaced so as not to interfere with driver vision, have branches no lower than six feet, and placed at the rate of at least one tree for every 10 parking spaces. All areas between the parking area and the building shall be landscaped with trees, shrubs and ground cover. Any plantings which do not live shall be replaced within one year or one season. A majority of the parking areas for more than 50 cars shall be obscured from streets by buildings, landscaped berms, natural ground elevation or plantings, singly or in combination.

Minimum parking and loading requirements. The number of spaces shall be based on the schedule in Article VII, §§ 92-98 and 92-99.

Location of parking and loading areas.

Purpose. It is the general purposes and intent of the open space and recreation requirements for residential development that:

Open space. The following shall be the minimum open space requirements for the uses permitted in all residential zones: A minimum standard based upon one acre per 100 people is recommended. This may be part of the open space required on a given parcel. Large tracts are preferable to scattered sites. Lands recommended on the Greenways Plan or trails referred to in the Recreation Plan Element are preferred.

Active recreation requirements.

Electricity. Electronic equipment shall be shielded so there is no interference with any radio or television reception beyond the operator's property.

Air, water and environmental pollution. No use shall emit heat, odor, vibrations, noise or any other pollutant into the ground, water or air that exceeds the most stringent, applicable state and federal regulation. No permit shall be issued for any use where a state permit is required until the state has ascertained and approved the level and quality of emission, type and quality of emission control, and level of monitoring to be conducted.

Storage and waste disposal. No materials shall be deposited so they can be transferred off the lot, directly or indirectly, by natural forces such as precipitation, surface water, evaporation or wind. All materials which might create a pollutant or be a safety and health hazard shall be stored indoors and/or be enclosed in appropriate containers to eliminate such pollutant or hazard. No flammable or explosive substance shall be stored on a property except under conditions approved by the Fire Department.

Hazardous or toxic materials. Any industrial or manufacturing use, which handles chemical, corrosive, toxic and/or hazardous materials shall be permitted only as a conditional use, and only where such materials are incidental supplies and not the primary use. After review of the environmental impact report on the type, quantity and disposal of the materials, including how the materials will be handled, stored and/or shipped and such other data as required as part of the environmental impact report including special designs, safety measures, and emergency procedures for handling accidents based on the quantity of the material on site or being shipped at any one time, the approving authority may either approve the plan, require such modifications necessary to overcome the problems, or disapprove the plan. If the plan is approved, the means for monitoring the agreed-upon methods of handling, storing, shipping and disposal of the chemical, corrosive, toxic and/or hazardous materials shall be a condition of approval, including the applicant's obligation to fund periodic inspections and reports by the NJDEP or an independent testing laboratory approved by NJDEP. In the event of violation of the condition(s) of approval related to chemical, corrosive, toxic and/or hazardous materials, the condition of approval shall be deemed to have been violated and shall constitute a sufficient basis for revocation of the certificate of occupancy by the Construction Code Official.

The planned development provisions of this chapter shall supersede any conflicting portions of this chapter to the extent of such inconsistencies.

Proposals for maintenance and conservation of the common open space shall be reliable and, if proposed to be handled by a private agency, shall be established in accordance with the homeowners' association provisions in § 92-56. The amount, location and purpose of the common open space shall be adequate for the use intended.

The 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 shall be adequate and comply with appropriate portions of the Master Plan.

The development will not have an unreasonably adverse effect upon the area in which it is proposed to be established.

Before final approval of a development, the applicant shall submit a schedule for completion of the development plan in one or more stages. Failure to meet the schedule of development shall mean that no other sections of the development or new development by the same principals shall be considered by the approving authority until the section in default is completed.

In the case of a proposed development which contemplates construction over a period of years, there shall be adequate terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development upon the total completion of the development.

All public services shall be connected to approved public utilities systems where they exist.

The distribution supply lines and service connections shall be installed underground. Should a road widening or an extension of service occur as a result of the development, any replacement, relocation or extension of existing overhead lines shall be underground.

Where soil conditions, rock formations, woods or other special conditions exist, the developer may apply to the approving authority for an exception from the terms of this section in accordance with § 92-32. If overhead lines are permitted, pole locations shall avoid horizons, there shall be selective tree cutting and a staggered alignment and trees shall be planted in key locations to minimize the views of the poles and alignments.

All storage areas, trash facilities, lifts and working areas shall be within a building. All lubrication, repair or similar activities shall be performed in an enclosed building, and no dismantled parts shall be placed outside.

It is intended that service stations not be stripped along available highway frontage or at each quadrant of a convenient intersection, and that they be located within shopping centers and in office and industrial complexes as an integral part of the overall design. Ingress and egress shall be designed to recognize the turning movements generated. These access points shall be coordinated with the access points required for nearby uses, frequency of intersecting side streets, minimizing left turns off collector and arterial streets, and maintaining building setbacks compatible with the required setbacks and landscaping. No service station shall have an entrance or exit for vehicles within 200 feet along the same side of a street of any school, playground, house of worship, hospital, public building or institution, except where such property is on another street which the lot in question does not abut.

No accessory uses shall be permitted.

Sidewalks and aprons may be required, at the discretion of the Board, depending upon the probable volume of pedestrian traffic, the general type of development intended and any alternate plans proposed for the movement of people and bicycles.

Sidewalks shall be at least four feet wide and shall be four inches thick, except at points of vehicular crossing, where they shall be at least six inches thick of Class B concrete, having a twenty-eight-day compressive strength of 4,500 psi and shall be air-entrained. Where sidewalks cross curbs, curb ramps shall be provided as outlined in § 92-49, Curbs and gutters. Preformed expansion joint material shall be placed on twenty-foot intervals and where sidewalks abut curbing or a structure. Sidewalks, aprons and sidewalks at aprons shall be concrete. (See Appendix for details.[1])

Alternates to concrete sidewalks, such as concrete paver blocks or other surfacing material, may be considered by the approving authority.

All intersections shall be designed in profile and grade so as to provide at least the minimum sight distance for a given design speed as per the requirements of the Land Development Standards of Hunterdon County and the American Association of State Highway and Transportation Officials (AASHTO).

Sight triangle easements shall be provided at all intersections. They shall be sized to provide the required sight distance as described above, but in no case shall they be less than 30 feet by 100 feet.

Sight easements shall be expressed on the plat or plan as follows:

General regulations.

Signs for which permit not required. The following types of signs may be erected in compliance with the general regulations without a permit:

Signs for which permit required. The following types of signs may be erected in compliance with the general regulations upon issuance of a sign permit by the Construction Official:

Sign permit procedure if application is not part of a subdivision, site plan or variance request.

Enforcement procedure. Any sign advertising a use or product no longer at the site shall be removed by the permittee, owner, or person having use of the property within 30 days after written notice from the Zoning Officer. Failure to comply shall authorize the Zoning Officer to remove the sign at the expense of the permittee or owner of the premises.

Data required.

General design principles.

Maintenance. All erosion and sediment control measures shall be maintained for two years after completion or until such measures are permanently stabilized as determined by the Municipal Engineer, whichever is longer.

Exceptions. The following are exempt from the soil erosion and sediment control provisions:

Residential streets shall be designed in accordance with the Residential Site Improvement Standards (RSIS), N.J.A.C. 5:21.

All nonresidential streets shall be designed in accordance with the following:

Antenna arrays may be mounted on existing buildings, preferably on existing farm buildings or farm structures, but shall not extend beyond the overall height of any such building or structure by more than 20 feet.

The equipment building shall be situated within a solid wooden fence at least seven feet and no more than eight feet high, of a type and location, as approved by the Township Engineer which shall include a locking security gate.

An equipment compound consisting of no more than 4,000 square feet in area may be erected in support of such antenna arrays provided it is:

Site plan approval by the Planning Board shall consider any recommendation by the Environmental Commission.

Antennas installed according to these provisions shall be suitably finished and/or painted so as to minimize their visual impact and blend with the rural landscape. Depending on the placement of this equipment, color should be selected to be consistent with the color scheme of the building or structure on which they are mounted, in order to blend with their surroundings. When this is not possible, color selection shall be designed to minimize the visual impact of the antenna arrays.

The golf course may include principal and accessory structures for the enjoyment of members and guests and for the maintenance of the golf course and golf-related facilities. The clubhouse may include a grille room and bar with a club license, not exceeding 75 seats.

The golf course shall utilize existing buildings and structures to the greatest extent practicable.

The golf course shall be designed and situated to minimize conflicts with existing and future land uses, and the layout of the course shall provide safe locations for tees, fairways, greens and practice areas in relation to adjacent roadways and improvements, both on and off site.

Where a golf course is adjacent to or within an open space corridor, including floodplains, open waters, stream corridors and associated buffers, linkages and conservation areas as provided in the East Amwell Township Master Plan, the golf course shall provide and maintain all required buffer setbacks from such features, subject to any limitations provided herein, and shall provide drainage and conservation easements as required by this chapter.

Where a golf course is situated between public recreation areas shown on the Master Plan, reasonable best efforts shall be required to connect any existing or proposed pedestrian or trail networks in a safe and appropriate manner.

Where a golf course is traversed by existing equestrian trails, reasonable best efforts shall be required to connect any relocated portions of the existing equestrian trail networks in a safe and appropriate manner.

Assurances shall be provided that all necessary utilities and services are available and adequate for the proposed development, including on-site wastewater treatment, potable water and irrigation water.

The golf course shall be designed to minimize the opportunity for golf balls to be hit beyond the tract boundaries.

No more than 35% of the wooded area (as shown on the most recent aerial photographs available) shall be cleared, and any clearing beyond 25% of the wooded acreage of the tract shall be mitigated by replacement with native trees and shrubs elsewhere on the tract. Priority for such replacement shall be given to locations where stream corridors are not shaded by vegetation at the time of development.

No clearing, grading or site improvements related to the golf course shall be conducted in areas of 15% slope or greater, except that areas of play (tees, greens, bunkers, fairways and practice facilities) created as part of the golf course which result in new areas of steep slope shall not be deemed to violate these requirements.

An Integrated Turf Management Plan and an Integrated Pesticide and Pest Management Plan shall be provided, which is specific to the operation and maintenance of the proposed golf course. These plans shall be prepared in accordance with guidelines established by the New Jersey Department of Environmental Protection (NJDEP), and shall take into account guidelines promulgated by the United States Golf Association (USGA) and the Golf Course Superintendents' Association of America (GCSAA). These plans shall also use best management practices (BMPs) to prevent and/or minimize adverse impacts of the golf course on groundwater and surface water resources.

Assurances shall be provided that the owner/operator will take all steps to avoid any adverse impacts on surface water and groundwater, which result from operation of the golf course. Best management practices, as per the NJDEP BMP Manual, shall be employed to prevent nonpoint pollution of surface water and groundwater. Should any adverse impact result, the owner/operator shall correct the problem and mitigate the impacts. Monitoring of surface water and groundwater quality and quantity shall be provided by the owner(s) according to a plan prepared specifically for the proposed golf course, and approved by the approving authority in consultation with the East Amwell Board of Health and in consultation with the Pesticide Control Program of New Jersey Department of Environmental Protection (NJDEP). Such monitoring program shall detail the type, timing and frequency of testing, as well as identify the specific chemical parameters to be tested, and shall be established at the time the Integrated Turf Management Plan and the Integrated Pesticide and Pest Management Plans are approved by the reviewing Board. A continuing monitoring program shall be established, consistent with the guidelines established for monitoring plans established by the New Jersey Department of Environmental Protection. The results of such water quality monitoring shall be submitted by the owner(s) to the East Amwell Township Board of Health and the approving authority within 30 days of receipt of such results by the owner(s). Also, continuous water table monitoring equipment (data log) shall be installed and maintained as specified by the Township Board of Health. Test results of such water quantity monitoring shall be submitted by the owner(s) to the Board of Health and approving authority within 30 days of receipt of such results by the owner(s).

A water use budget and water recycling plan shall be prepared and submitted to the approving authority, which is specific to the proposed golf course. This plan shall detail the source of potable and irrigation water, the projected amounts which will be required and the water supply capacity of any aquifer from which such water will be withdrawn, as outlined in the "Water For the 21st Century: The Vital Resource - New Jersey Statewide Water Supply Plan, NJ Department of Environmental Protection, Office of Environmental Planning (August 1996)." The aquifer test plan shall be submitted to the Township at the same time it is submitted to the regulatory authority.

Following the installation of any well intended to serve as a water supply source for the golf course, and prior to the issuance of a construction permit, a pump test shall be conducted at the maximum projected pumping rate, according to East Amwell Board of Health standards, to assess the impact(s) on other well users in the vicinity. If significant well interference is demonstrated during interference tests on an existing well (observation well), the new well cannot be certified for use. In such instances, the applicant may be required to demonstrate why the documented well interference is not significant. If a significant adverse impact of interference cannot be remedied, certification of the new well may be denied by the Board of Health.[2]

Wherever a waterway crossing is proposed, such crossing shall be designed to minimize the removal of trees and other shading vegetation, and all crossings shall be bridged, not designed with culverts, except for access driveways.

Clearing, grading and other disturbances shall be designed to avoid the nesting, breeding and feeding areas of endangered and threatened animal species, and to avoid the locations of endangered and threatened plant species.

Construction of runoff collection ponds is encouraged for use as stormwater management devices and as sources of irrigation water.

Grasses selected for use on a golf course should be drought- and pest-and-disease-resistant to minimize the use of chemicals and irrigation. Grasses selected are encouraged to promote the infiltration of precipitation into the groundwater.

Soil erosion and sedimentation shall be minimized through golf course design which minimizes the need for mass grading for greens, tees and fairways, coordinated soil erosion and sediment control measures, and construction phasing which limits the extent of clearing and soil exposure prior to revegetation.

Exterior site lighting shall be limited to safety and security needs, and there shall be no spillover of lighting beyond the tract boundaries. The lighting shall conform to the lighting requirements of this chapter.[3]

Sufficient on-site parking shall be provided to satisfy the reviewing board that the demand for parking can be met at the facility, and all areas designated for parking shall be located at least 200 feet from any tract boundary.

Best management practices, as described in the NJDEP BMP Manual, shall be incorporated into the site design in order to maximize recharge of surface runoff and to minimize pollution of surface water and groundwater.

The golf course shall be designed to preserve the rural character of the viewshed, and shall minimize the visual impact on the landscape.

Major site plan approval shall be required for a golf course, and shall incorporate GIS format as applicable.

It is encouraged that golf courses become Certified Audubon Cooperative Sanctuaries, as the Audubon Cooperative Sanctuary Program for Golf Courses (ACSP) helps golf courses protect the environment, preserve the natural heritage of the game of golf, and incorporates environmental planning, wildlife and habitat management, chemical use reduction and safety, water conservation, water quality management, and outreach and education.

A vegetated buffer at least 100 feet wide, consisting of native trees, shrubs and ground covers, shall be provided and maintained between any turf area which will be treated with fertilizers or pesticides and the closest point of any 100-year floodplain; or if there is no floodplain, the top of bank of any permanent, nonseasonal stream or open water body, on or off site, except that up to 35% of such stream or pond frontage shall be exempt from this requirement upon a showing of good cause by the applicant.