More than one principal use of principal structure on a lot. In no case shall there be more than one single-family dwelling permitted on a subdivision lot of record. More than one principal nonresidential use or structure may be permitted on a single lot, provided that all other requirements of this chapter shall be met for each structure as though it were on an individual lot. Such would be the case with a small shopping center consisting of several individual proprietors within one structure.

In general, lot lines shall follow municipal boundary lines rather than cross them.

The lot and yard regulations for any new buildings or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter.

Residential lots must front on and have wholly owned access to either an existing or proposed street.

Corner lots and double-frontage lots shall provide for equal front yard setbacks on each street.

All lots shall be suitable for their intended uses and, where necessary, increased in size to compensate for environmental conditions as outlined in Article VI, § 104-26.

Flag lots are those which have access to a public or private road by means of a strip of property connecting the flag portion of the lot with the road. The Planning Board may classify and approve as a minor subdivision a proposed new lot which does not have the frontage required by this chapter.

The following regulations shall apply to flag lots:

Provisions of adequate sites for the types of buildings proposed.

Zoning requirements for lot sizes, dimensions and minimum lot areas per dwelling unit.

The limitations and opportunities of the topography.

Safe and convenient vehicular and pedestrian circulation and access.

In the design of blocks, special consideration shall be given to the requirements of satisfactory fire protection.

Structures and uses in existence at the date of adoption of this chapter shall not be subject to the requirements of this article so long as the kind or extent of use is not changed, provided that any parking facility now serving such structures or uses shall not be reduced in the number of spaces provided.

Whenever there is an alteration of a use which increases the parking requirements according to this article, the total additional parking required for the alteration, change or extension shall be provided in accordance with the requirements of this article.

No parking area shall be used for any use that interferes with its availability for the parking need it is required to serve.

All required facilities shall be provided and maintained as long as the use which the facilities were designed to serve exists. The total extent of off-street parking facilities shall not be reduced after their provision, except upon the approval of the Planning Board, and then only after proof that, by reason of diminution in floor area, seating area or the number of employees or change in other factors controlling the regulation of the number of parking spaces, such reduction is in conformity with the requirements of this article. Reasonable precautions shall be taken by the owner or sponsor of particular uses to assure the availability of required facilities to the employees or other persons whom the facilities are designed to serve.

Design standards for parking stalls shall not apply where the primary purpose is that of vehicle storage related to sales, service or other use, both commercial and noncommercial.

Unless otherwise specified, parking stalls shall conform to the following minimum dimensional standards:

Parking for the handicapped or physically disabled shall be provided for as follows:

The width of all aisles providing direct access to individual parking stalls shall be in accordance with the requirements specified below. Only one-way traffic shall be permitted in aisles serving single-row parking spaces placed at an angle other than 90°.

Drives and parking aisles shall be designed so that each motor vehicle may proceed to and from a parking stall without requiring the moving of any other motor vehicle.

Parking areas shall be designed to allow for ingress and egress from a parking area without backing from or into a street. Access areas shall be designed so as to allow vehicles to enter a street in a forward direction.

The design standards specified below shall also be required for all off-street parking facilities with a capacity of six or more vehicles.

Parking lots with less than 20 spaces shall not have a grade exceeding 5%. Parking lots with 20 or more spaces shall not have a grade exceeding 3%. Any grade, cut, fill or height difference exceeding four feet shall be subject to approval of the Planning Board.

All parking spaces shall be marked so that individual spaces are identifiable.

In multifamily developments, all buildings shall front upon a marginal street, service road, common parking lot or similar area and not take access directly upon a public street or highway.

All accessways to a major collector shall be located not less than 300 feet from the intersection of the center lines of any streets or, in the case of county roads, in accordance with the Land Development Standards of Hunterdon County, New Jersey.

When determination of off-street parking spaces required by this chapter results in a requirement of a fractional space, any fraction of 1/2 or less may be disregarded, while a fraction in excess of 1/2 shall be counted as one parking space.

Off-street parking shall be required as provided for each use in Article V. Any uses which do not have a parking requirement in Article V and which have a lot coverage in excess of 10% shall provide at least one off-street parking space for each 300 square feet of gross floor area.

The conditional reduction of parking spaces may apply if the minimum number of parking spaces required for a land use is in excess of actual parking needs or if the operating schedule of two or more land uses are such that a parking lot may be shared.

The parking lot design must designate sufficient space to meet the parking requirement.

Within the Commercial Office District, any use existing as of the effective date of this chapter which can be lawfully expanded or any new use that cannot meet the parking requirements of this chapter within the lot lines of the principal use may meet the parking requirements of this chapter by either of the following:

First 100,000 square feet of gross floor area: one.

Next 40,000 square feet of gross floor area: one.

Each additional 50,000 square feet of gross floor area or fraction thereof: one.

A completely planted visual barrier or landscape screen with a minimum width of 50 feet shall be provided and continually maintained between any industrial or commercial district and adjoining residentially zoned district or residential use; in a residential district between all townhouse, twin, duplex or apartment developments and adjoining lower-density residential use; and around all public utility operating facilities. The barrier or screen shall be of sufficient density which cannot be seen through and of sufficient height to constitute an effective screen and give maximum protection and immediate visual screening.

Water towers, storage tanks, processing equipment, fans, skylights, cooling towers, vents and any other structures or equipment other than radio or television antenna which extend above the roofline shall be architecturally compatible or effectively shielded from view from any private or dedicated street by an architecturally sound method which shall be approved by the Board before construction or erection of said structures or equipment.

Where such screening is required, it shall be assured by a maintenance guaranty posted with the Borough in an amount equal to the estimated cost of trees and shrubs and planting. Such guaranty shall be released only after passage of the second growing season following planting.

Any part or portion of a site, to be occupied by a major cluster subdivision or by large commercial or industrial developments of 10 acres or more, which is not used for buildings, other structures, loading and parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover and shall be landscaped according to an overall plan prepared and sealed by a certified landscape architect.

All mechanical and electrical equipment not enclosed in a structure shall be fully and completely screened from view from any point and in a manner compatible with the architectural and landscaping style of the remainder of the lot.

No off-street parking spaces shall be located less than 20 feet from any public street right-of-way line and 10 feet from any property line.

Any area for off-street parking or for display, storage, sale or movement of six or more motor vehicles shall be enclosed, except at entrances and exits, by an ornamental fence or wall consistent with the architectural character of the surrounding uses or by a compact evergreen hedge, not less than four feet in height. Where a planted screen is proposed, it shall incorporate the planting of staggered and overlapping evergreen and deciduous shrubs of such species and size as will produce within two growing seasons (May through September). These provisions shall not interfere with the maintenance of clear sight lines at intersections.

Parking areas of a twenty-vehicle width shall be separated from one another by planting strips not less than 10 feet in width.

No less than 10% of a proposed parking area must consist of buffer areas and islands and must be landscaped and continually maintained. Planting along the perimeter of a parking area, whether for required screening or general beautification, will be considered as part of the required parking area landscaping.

All parking areas shall have at least one tree of one-and-one-half-inch caliper minimum for every five parking spaces in single bays and one tree of one-and-one-half-inch caliper minimum for every 10 parking spaces in double bays. Trees shall be planted in such a manner as to afford maximum protection from the sun for parked vehicles.

All off-street parking lots and areas for the display, storage, sale or movement of six or more motor vehicles shall be adequately buffered from adjacent streets and properties and landscaped in accordance with an overall plan.

Each of the buffer yards must utilize a mixture of the plant materials listed as outlined within this subsection. Minimum plant size, given either in height or in caliper, is indicated in this table.

All planting materials shall meet the standards of the American Association of Nurserymen.

Street trees shall be planted along all streets where street trees do not exist.

Large street trees (mature height greater than 25 feet) shall be planted at intervals of not more than 40 feet and small street trees at intervals of not more than 30 feet per each side of the street. An equivalent number may be planted in an informal arrangement, subject to Borough Planning Board approval.

At intersections, trees shall be located no closer than 30 feet from the intersection of the street right-of-way.

A mixture of at least three different species of trees is required.

Street trees shall be planted along the right-of-way line, but not over underground utility easements, unless otherwise approved by the Borough Planning Board.

Street trees shall be of nursery stock. They shall be of symmetrical growth, free of insects, pests and disease, suitable for street use and durable under the maintenance contemplated.

The minimum trunk diameter, measured at a height of six inches above the finished grade level, shall be 21/2 inches.

Approved trees include the following:

Other species may be used upon approval by the Planning Board.

At the time any application, petition or request is filed by any person, partnership, association or corporation for the approval of the construction, opening or dedication of any proposed road or street, the Borough shall be assured that said proposed street or road shall be completed, and said assurance shall be governed by the provisions of this chapter and by New Jersey Statutes, N.J.S.A. 40:55D-1 et seq. (Municipal Land Use Law).

Any person, partnership, association or corporation making application or request for the approval of the construction, opening or dedication of any proposed road shall bear all costs of inspection of such roads and any drainage facilities connected therewith, all engineering costs, all costs of survey and all other expenses and costs incidental to construction, approval and dedication of such street or road for public use, including legal fees.

If lots resulting from the original subdivision are large enough to permit subdivision or if a portion of the tract is not subdivided, adequate street right-of-way to permit further subdivision shall be provided.

Streets that are extensions of existing streets shall bear the names of the existing street. Street names shall not be duplicated within the Borough, and all street names shall be subject to the approval of the Borough Council.

(Reserved)[1]

New half or partial streets shall be prohibited except where essential to reasonable subdivision or land development of a tract in conformance with the other requirements or standards of these regulations and where, in addition, satisfactory assurance for dedication of the remaining parts of the street is secured by escrow funds or surety bonds that said construction will be completed.

Wherever a tract to be subdivided or developed borders on an existing half or partial street, the other part of the street shall be platted within such tract.

Streets shall be logically related to topography so as to produce reasonable grades, satisfactory drainage and suitable building sites. Streets shall be so arranged to be generally parallel to rather than across contour lines. Cut and fill should be minimized. Streets shall be laid out to avoid hazardous areas such as floodplains, steep slopes and other hazardous natural features.

Classification: Existing streets are classified in the Master Plan on the Circulation Plan Map. Unclassified streets shall be classified according to their function, at the request of the applicant during subdivision or site plan review.

Standards.

Promote the safety and convenience of vehicular traffic.

Protect the safety of neighborhood residents.

Minimize the long-term costs for maintenance and repair of streets.

Minimize crime in residential areas.

Protect the residential qualities of neighborhoods by limiting traffic volume, traffic speed, noise and fumes.

Encourage efficient use of land.

Minimize the cost of street construction.

Minimize the construction of impervious surfaces.

Residential collector.

Residential subcollector.

Residential access.

All new residential streets shall be designed to meet the following requirements for individual street types.

No new residential street may tie into an existing residential street if the expected ADT from the new development will exceed the allowable ADT level for the street classification of the existing street.

Trip generation rates. The trip generation rates for major land use categories established by the Institute of Transportation Engineers shall be used to estimate future trip generation for land uses.

Service restrictions: Each residential access street shall be designed so that no section of the street conveys a traffic volume greater than 200 ADT. Each half of a loop street may be regarded as a single local access street, and the total traffic volume conveyed on a loop street shall not exceed 400 ADT. All features of the geometric design of residential access streets that are not specified below shall be designed for a design speed of 25 miles per hour.

Street access. A residential access street may intersect or take access from any existing street type. Both ends of a loop street, however, must intersect the same collecting street and be laid out to discourage the passage of through traffic on it.

Street width and curbing. See the Table of Street Design Options at the end of this article.[1]

Shoulders. When curbing is not required, two-foot-wide stabilized turf shoulders shall be provided on both sides of the cartway.

Length of cul-de-sac. No cul-de-sac shall provide access to more than 10 lots and shall not exceed a length of 1,000 feet. Cul-de-sac length shall be measured along the center line, from the center line of the intersecting through street to the center point of the terminus.

Cul-de-sac turnaround. A paved area with an outside turning radius of 50 feet and a sixty-five-foot right-of-way turning radius shall be provided at the terminus of every permanent cul-de-sac. If the radius is more than 50 feet, a center island shall be provided. Ring-shaped culs-de-sac shall provide a continuous fifteen-foot-wide paved cartway. Other alternative designs may be approved by the Planning Board, provided that they meet these minimum radius and cartway width requirements. Center line grade in the turnaround shall not exceed 5%.

Engineering criteria. All features of the geometric design of residential access streets that are not specified below shall be designed for a design speed of 25 miles per hour.

Service restrictions.

Street access. Every subcollector must be provided with at least two access intersections to a street of higher classification in the streets hierarchy, namely existing or proposed collector roads or arterial highways. In no case shall a subcollector end in a cul-de-sac.

Street width and curbing. See the Table of Street Design Options at the end of this article.[2]

Shoulders. When curbing is not required, two-foot-wide stabilized turf shoulders shall be provided on both sides of the cartway.

Moving lanes. All subcollector streets shall be provided with two continuous moving lanes within which parking is prohibited.

Engineering criteria. All features of the geometric design of subcollector streets that are not specified below shall be designed for a design speed of 30 miles per hour:

Service restrictions.

Street access. Every residential collector must be provided with no fewer than two access intersections to streets of equal or higher classification in the streets hierarchy.

Street width and curbing. Curbs should be provided along residential collector roads.

Shoulders. Three-foot-wide stabilized turf shoulders are required along both sides of the residential collector street cartway.

Moving lanes. All residential collector streets shall be provided with a minimum of two moving lanes.

On-street parking. On-street parking shall be prohibited on residential collector streets.

Engineering criteria. All features of the geometric design of residential collectors that are not specified below shall be designed for a speed of 35 miles per hour.

Driveways shall be located no less than 40 feet from any street intersection. Driveways to corner lots shall gain access from the street of lower classification when a corner lot is bounded by streets of two different classifications as described herein.

There shall be adequate driveway turnaround space on each lot so that no vehicle need back out onto a residential collector or higher-volume street in order to leave the lot or back into the lot in order to enter the lot.

Driveways shall be so located, designed and constructed as to provide a reasonable sight distance at intersections with streets, with a stopping space not to exceed a four-percent grade 20 feet behind the right-of-way line. Sight distance shall be a minimum of 150 feet in both directions. No driveway shall be constructed at a profile grade exceeding 15% at any point and shall be a minimum of 12 feet wide.

All driveways shall be at least five feet from any side or rear lot line.

Classification and design. Marginal access streets are required, unless specifically waived by the Borough, as an alternative to stripping off lots along existing major and minor collector streets or proposed residential collector streets. Marginal access roads shall be classified and designed to conform with the design standards and service restrictions of either residential access, subcollector or collector roads.

Intersection spacing.

A minimum distance of 30 feet shall be provided between the marginal access cartway and the higher-order street cartway. This area shall be used to provide a visual screen between the roadways by landscaping or by use of a berm.

Natural or man-made obstacles shall not be located in the critical sight areas. To the extent that the critical sight area is located on property owned or controlled by the developer, sight easements as described below shall be dedicated to the Borough of Glen Gardner or to the County of Hunterdon.

Such sight easements shall ensure that an unobstructed view of the road shall be maintained through the thirty-foot-by-one-hundred-foot dedication at any height between two feet and 10 feet above the surface of the thirty-foot leg of the sight triangle. This provision is not intended to require the removal of all objects within the thirty-foot-by-one-hundred-foot zone; traffic control devices and other man-made or natural objects may remain if it can be demonstrated that they do not obstruct the view of oncoming traffic. These standards are minimum standards for sight easements. Some instances may require a larger sight distance easement.

Sight easements shall consist of the area bounded by the right-of-way lines and a straight line connecting "sight points" on street right-of-way lines which are the following distances from the intersection of the projection of said lines:

Residential subcollector: 10 feet.

Residential collector: 15 feet.

Existing streets: 35 feet.

Requirements.

Purpose. The study will enable the Borough to assess the impact of a proposed development on the traffic system. Its purpose is: to ensure that proposed developments do not adversely affect the traffic network; to identify any traffic problems associated with access from the site onto the existing roads; and to delineate solutions to potential problems and to present improvements to be incorporated into the proposed development.

Traffic impact statements shall include the following:

Applicability. An environmental impact statement (EIS) is required as part of any application for development involving new buildings or any land disturbance which requires approval by the Planning Board unless exempt under § 104-51B(6) as contained herein. An EIS is also required for all public and quasi-public projects unless they are exempt from the requirements of local law by supervening county, state or federal law.

Filing requirements. An application for development shall be accompanied by 20 copies of an EIS unless waiver is desired, in which case the application shall be accompanied by a request for waiver pursuant to § 104-51B(6).

Contents. The EIS shall discuss and analyze those factors required for and pertinent to the particular project. Where the information is provided elsewhere in the application, it may be incorporated by reference. The applicant may request a preapplication work session with the Planning Board to discuss the scope and detail of the EIS, and the Planning Board may seek the advice of its professionals in determining said scope and detail. The EIS shall address each of the items outlined below to the degree and extent it is pertinent to the project, in addition to any further information the Borough may request. In preparing the EIS, the applicant may utilize information available from the Borough. The following information shall be included in the EIS:

Planning Board review. In reviewing the EIS, the Planning Board shall take into consideration the effect of the proposed project upon all aspects of the environment, including but not limited to sewage disposal, water quality, water supply, preservation of trees and vegetation, protection of watercourses, protection of air resources, protection of aquifers, protection of public lands and their uses and ecosystems and the avoidance of any nuisance factors. The Planning Board will submit the EIS for review by the Borough's professionals and may submit such statement to other governmental bodies and to consultants as it may deem appropriate. The Planning Board shall request that an advisory report be made to it by the governmental body or consultant within 45 days of the submission of the EIS to such governmental body or consultant. The Planning Board shall reject the proposed project on an environmental basis, if it can reasonably determine that the proposed project:

Conditions. The steps to be taken to minimize the adverse environmental impacts during construction and operation and the alternatives which may be approved by the Planning Board shall constitute conditions of the approval of the EIS, together with such other conditions as the Planning Board may impose. No certificate of occupancy shall be issued until compliance shall have been made with such conditions.

Waiver. The Planning Board, at its sole discretion, may waive the requirement for an EIS, in whole or in part, upon receipt of a written request, if sufficient evidence is submitted to support a conclusion that the proposed project will have a negligible environmental impact or that a complete EIS need not be prepared in order to adequately evaluate the environmental impact of a project.

Cluster subdivisions shall meet the open space requirements of this chapter. A performance bond or other security in accordance with this chapter will be required to cover the cost of the installation of designated planting and recreation facilities.

The applicant shall provide a method of physically delineating private lots from common open space areas. Such methods shall include shrubbery, trees, markers or other methods acceptable to the Planning Board.

It is mandatory that the recorded plan and the deeds indicate that there shall be no additional development. The open space shall be restricted against any future building, development or use except as is consistent with that of providing for open space for recreation, conservation, agriculture and aesthetic satisfaction of the residents of the development or of the general public. Buildings or uses for noncommercial recreational, cultural or agricultural purposes compatible with the open space objectives may be permitted only with the express approval of the Planning Board, following approval of the building, site and operational plans by the Planning Board.

All documents pertaining to the conveyance and maintenance of the open space shall meet the approval of the Planning Board as to legal form and effect with recommendations from the Planning Board as to suitability of the proposed use of the open space and be approved by the Planning Board and governing body as part of the final plan.

Areas set aside for open space shall be suitable for the designated purpose and shall be consistent with the policy for future land use in the Borough. Any such area shall contain no structure other than a structure related to the purposes of the open space. Where structures relating to open space or recreational activity are located in the developed open space, no more than 5% of that area or 10,000 square feet, whichever is greater, may be converted to building areas.

Any land set aside as open space must be made subject to a deed restriction and/or conservation easement or agreement in a form acceptable to the Planning Board and Borough Council and duly recorded in the Office of the Recorder of Deeds in and for Hunterdon County.

Area configuration.

Dedication in fee simple to the Borough. The Borough may, at the recommendation of the Planning Board and Borough Council, accept any portion or portions of the open space, provided that:

Conveyance of title (including beneficial ownership) to a conservancy, corporation, association, funded community trust, condominium association, individual or other legal entity.

By conveyance of the restrictive covenants, conservation easements or other legal device to the municipality or a conservancy, corporation, funded community trust or other legal entity, the open space may remain totally lotted off to adjacent fee-simple lots, provided that:

No motor vehicle usage in the open space area shall be permitted except for maintenance or agricultural purposes.

No cutting of any trees or destruction or removal of vegetation, rocks or soil shall be permitted unless in accordance with a landscape improvement plan or agricultural use approved by a majority vote of the association of property owners, if applicable, pursuant to review and approval by the Planning Board. Such plan shall be in accordance with all other applicable sections of this chapter.

No alteration of any stream, pond or lake shall be permitted unless in accordance with a plan approved by a majority vote of the association of property owners, if applicable, pursuant to review and approval by the Planning Board. Such plan shall be in accordance with all other applicable sections of this chapter and all applicable regulations of the New Jersey Department of Environmental Protection.

No structures shall be erected unless in accordance with a plan approved by a majority vote of the association of property owners, if applicable, pursuant to review and approval by the Planning Board. Such plan shall be in accordance with all other applicable sections of this chapter.

No sewage disposal system shall be located within designated common open space or natural resource protection land resulting from a subdivision or site plan unless a conservation sewerage easement has been designated. Such easement shall provide for future expansion of the disposal area and provide right of access by the managing organization and Borough.

No stormwater management system shall be located within designated common open space or natural resource protection land resulting from a subdivision or site plan unless a stormwater management easement. Such easement shall provide for future expansion of the stormwater management area and provide right of access by the managing organization and Borough.

For major subdivisions less than 11 lots, this means access to a public street suitable for use by fire-fighting equipment.

For major site plans and major subdivisions of 11 lots or more and site plans, this shall include access to a public street suitable for use by fire-fighting equipment and the construction of improvements to ponds (e.g., dry hydrants, standpipes), dams or similar on-site development where feasible.

Cistern construction will be governed by local soil conditions, but at a minimum, should be equipped with a dry hydrant and manhole access.

All cisterns shall be of fiberglass construction and installed so they will not move when empty. They shall be suitably designed for all conditions.

All underground cisterns shall be connected to a water source for immediate automatic refill.

For purposes of the above subsection, the one-mile distance shall be measured from the farthest point at the proposed major subdivision street or proposed driveway on the site plan.

If the fire-fighting equipment is provided in conjunction with a residential subdivision, then a homeowners' association must be established and a bond posted with the appropriate fire district, and maintenance of such equipment shall be the responsibility of that fire district.

In the case of a nonresidential development in which fire-fighting equipment has been constructed, the maintenance of such equipment shall become the responsibility of the property owner.

If the water is to be supplied from the site and a flow of 100,000 gallons per day or less is required, an impact assessment of water supply prepared by a hydrogeologist is required if the anticipated demand exceeds the available safe yield of the aquifer contained within the property limits. In such case the applicant must substantiate and explain the anticipated demand, present proof that the aquifer contained within the property limits can yield the desired amount of water, demonstrate that wells proposed for installation will meet acceptable standards and assess the effect of proposed withdrawals on existing and proposed wells and surface water bodies within the geologic formation. If the plan includes 50 or more dwelling units, certification of the adequacy of the proposed water supply and sewerage facilities must be obtained from the New Jersey Department of Environmental Protection.

If the water is to be supplied from the site and the total project demand for water supply is in excess of 100,000 gallons per day, the applicant must obtain a diversion permit from the New Jersey Department of Environmental Protection. The applicant must assess the effect of proposed withdrawals on existing and proposed wells and surface water bodies within the geological formation. The applicant shall supply copies of all resource information provided to the appropriate state water agency in support of his or her application for diversion grant. In addition, if the anticipated demand exceeds the available safe yield, the applicant must explain the anticipated demand and demonstrate to the satisfaction of the Planning Board that the aquifer contained within the property limits can yield the desired amount of water.

If the water is to be supplied from any existing private or public facility, the identification, owner and location of the facility and the location of existing distribution point to which the proposed project would be connected shall be provided. The applicant will submit documentary proof that the facility has the available excess capacity in terms of its allowable diversion and equipment to supply the proposed project and is willing to do so. The applicant must demonstrate to the satisfaction of the Planning Board that the total consumption of groundwater from on-site and off-site sources will not exceed the available safe yield of the aquifer contained within the property limits.

If the water is to be supplied from the site, all nonresidential uses and all residential developments of three or more lots shall be required to perform test wells to determine safe groundwater yield and the effects on surrounding wells.

All abandoned wells shall be sealed according to state regulations to prevent potential contaminants from reaching the aquifer.

All wells and septics shall be placed across structure, that is, not along the same probable directions of fractures, particularly on adjacent lots.