Any development shall demonstrate conformance to design standards that will encourage sound development patterns within the township. Where either an Official Map or Master Plan has been adopted, the development shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds, scenic sites, historic sites and flood control basins shown on the officially adopted Master Plan or Official Map shall be considered in approval of plats. In accordance with good design practices, extreme deviations from rectangular lot shapes and straight lot lines shall not be allowed unless made necessary by special topographical conditions or other special conditions and acceptable to the approving authority. All improvements shall be installed and connected with existing facilities or installed in required locations to enable future connections with approved systems or contemplated systems and shall be adequate to handle all present and probable future development.

Character of the land. Land which the approving authority finds to be in areas identified in the natural resources inventory as having severe or moderate soil characteristics particularly as the land relates to flooding, improper drainage, steep slopes, rock formations, soil conditions, adverse topography, utility easements or other features which can reasonably be expected to be harmful to the health, safety and general welfare of the present or future inhabitants of the development and/or its surrounding areas, shall not be subdivided and site plans shall not be approved unless adequate and acceptable methods are formulated by the developer to solve the problems by methods meeting this ordinance and all other regulations.

Plats straddling municipal boundaries. Whenever a development abuts or crosses a municipal boundary, access to those lots within the township shall be from within the township as the general rule. Whenever access to a development is required across land in an adjoining community as the exception, the approving authority may require documentation that such access is legally established and that the access road is adequately improved.

Development name. The proposed name of the development shall not duplicate or too closely approximate the name of any other development in the township. The approving authority shall have final authority to designate the name of the development which shall be determined at the sketch plat stage.

Community impact statement.

Each development shall have a compatible architectural theme throughout and shall specify how the following considerations have been incorporated:

The configuration of structures shall meet the yard requirements and not exceed a length of 200 feet on one plane or 340 feet on any angle. Any passageway between two structures which has a roof above it shall be included in calculating building lengths.

Cellar dwelling units are prohibited.

A minimum percentage of the lot area of any apartment and townhouse and atrium development shall be designed, improved and designated as open space in addition to the area required for yards, parking, drives and buildings as set forth in Article V. Recreational facilities may be located either in the open space or within the yard areas as approved on the site plan. The location of open space and recreation areas shall give consideration to the proximity of structures, the type of facility proposed, the area involved, possible noise and illumination nuisances, and pedestrian, bicycle and automotive access and parking.

No apartment development shall exceed a design density of 10 dwelling units per acre on that portion of the tract devoted to dwelling units, parking and yards. No townhouse or atrium house shall exceed a design density of six dwelling units per acre on that portion of the tract devoted to dwelling units, parking and yards. The gross density shall be as set forth in each zoning district.

Fire walls shall be of eight-inch concrete or eight-inch cinder block material and shall extend through the roof surface at least six inches in the form of either extensions of the wall through the roof surface or offsetting rooflines. These fire walls shall be constructed as the common wall between townhouses, atrium houses or other attached units, and between any dwelling unit and a common hallway, but need not be constructed between dwelling units that are back-to-back such as in garden apartments. However, no more than four apartments in total shall be designed within said cinder block or concrete block fire walls.

Block length, width and acreage shall be sufficient to accommodate the zoning requirements of this chapter and provide convenient access, circulation control and traffic safety.

Blocks over 1,000 feet long in residential areas shall be discouraged, but where they are used, pedestrian crosswalks between blocks may be required. Such walkways shall be at least eight feet wide. For commercial and industrial uses, block lengths shall be sufficient to meet area and yard requirements for such uses and to provide proper street access and circulation patterns.

Buffer areas and conservation easements shall require site plan approval and are required along all lot and street lines separating residential uses from arterial and collector streets, separating a nonresidential use from either a residential use or residential zoning district line and along all street lines where loading and storage areas may be seen from the street. Conservation areas are used to preserve buffer areas and environmentally sensitive resources, where required and/or deemed appropriate by the Planning Board or Board of Adjustment. Buffer areas and conservation easements are utilized for the primary purpose of providing screening views and reducing noise perception beyond the lot, as well as for the protection of environmentally sensitive resources, where appropriate. No structure, activity, storage of materials or parking of vehicles shall be permitted in a buffer area or in a conservation easement, except that a wall, fence, berm or stormwater basin with appropriate plantings may be placed in a buffer area or conservation easement to supplement screening and to provide additional noise reduction where deemed necessary by the Planning Board or Board of Adjustment. Once any permitted planting or structure in conjunction with a conservation easement is shown on an approved site plan, no additional disturbance is permitted. The location and design of buffer areas and conservation easements shall consider the use being screened, the distance between the use and the property line, differences in elevation, the types of buffers being provided, such as dense planting, existing woods, a wall or fence, buffer height and width and other combinations of man-made and natural features. The buffer area and conservation easement shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line or the more intense the use, the more effective the buffer area and conservation easement must be in obscuring light and vision and in reducing noise beyond the lot, as well as for the protection of environmentally sensitive areas, where appropriate.

A minimum of 1/2 the length of a required buffer and/or conservation easement, as appropriate, shall be designed, planted, graded, landscaped and developed to obscure the activities of the site from view to at least the width set forth in Article V.

All buffer areas and conservation easements, as appropriate, shall be planted and maintained with either grass or ground cover, together with a screen of shrubs or scattered planting of trees, shrubs or other plant material meeting the following requirements:

Where the approving authority requires an intensive buffer area and/or conservation easement treatment, as appropriate, for a specific development or project, which is deemed necessary to ensure an attractive and pleasing interface between the site and adjoining uses, the following measures shall be required in addition to those specified in other provisions of § 188-38:

The purpose of this section is to provide a method of developing land to set aside desirable open spaces, conservation area, floodplains, school sites, recreation areas and parks. The generation of these areas is brought about by permitting the reduction of lot sizes without increasing the number of lots.

Cluster developments may be approved in accordance with the following standards:

Any lands offered to the Township or proposed as open space as required above shall be located and of a size that will best suit the purpose(s) for which such lands are intended, be conveyed by deed at the time final plat approval is granted and be subject to approval by the approving authority (and the Township Committee where lands are offered to the Township) who shall be guided by the Master Plan, the ability to assemble and relate such lands to an overall plan, the accessibility and potential utility of such lands and such existing features as topography, soils, wetlands and tree cover as these features may enhance or detract from the intended use of the lands. The approving authority may request an opinion from other public agencies or individuals as to the advisability of accepting any lands to be offered.

All streets shall be provided with inlets and pipes where the same are necessary for proper drainage. The requirements of this section shall not be satisfied by the construction of dry wells. The system shall be adequate to carry off or store the stormwater and natural drainage water which originates within the development boundaries and that which originates beyond the development boundaries and passes through the development calculated on the basis of maximum potential development as permitted under the zoning provisions of this chapter. Development applications shall be accompanied, where required, by a surface water management plan and a floodway and flood hazard area encroachment plan as required by the Township's Surface Water Management Ordinance and Floodway and Flood Hazard Area Encroachment Ordinance, respectively.[1] In general, no stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands without proper approved provisions being made for taking care of these conditions. In all cases, the materials used and the technique for computing the drainage needs shall be in accordance with the Standard Details and Design Criteria of the Township's Engineering Department and applicable parts of the Somerset County Subdivision Resolution, Section IV, Design Standards, Paragraph F, Drainage, and the Township Stormwater Management Ordinance.

The approval of any map delineating streets shall be in no way construed as an acceptance of any street.

Blocks and lots shall be graded to secure proper drainage away from all buildings, prevent the collection of stormwater in pools and provide for reasonable use of the land without detrimental effect to adjoining land.

Land subject to periodic or occasional flooding shall not be plotted for residential occupancy nor for any other purpose which may endanger life or property or aggravate the flood hazard. Such land shall be considered for open spaces, yards or other similar uses.

Where a development is traversed by a watercourse, drainageway or drainage system, there shall be provided and dedicated a drainage easement to the Township conforming substantially with the lines of such watercourse and having such further width as is deemed adequate to accommodate expected stormwater runoff in the future based upon reasonable growth potential. In addition thereto, 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. In any event, any minimum widths and locations shown on any adopted Official Map and Master Plan shall be provided. Such easement shall be expressed on the plat as set forth in § 188-45, Easements, in this article.

Permit required. No person shall construct a driveway entrance or cut, alter or remove a curb or part thereof in or along any public street or right of-way of the Township without first having obtained a permit to do so pursuant to this section, and then only in accordance with and during the term of such permit.

Application for permit. Application for a permit required by this section shall be made in writing and shall be accompanied by a fee of $25 and by a plan or sketch showing the location and details of such construction, cutting, alteration or removal. The application shall be filed with the Township Clerk.

Processing. The Township Clerk shall forward the application to the Township Engineer or his assistant for processing, who shall inspect the site and determine that the construction conforms to standards for driveways and curbs as published in the Standard Details and Design Criteria of the Township's Engineering Department. Within two weeks of the date of filing, the Township Engineer shall report back on the application, stating either approval or a denial with an explanation of the reasons therefor.

Issuance. Upon approval by the Township Engineer, the Township Clerk shall issue the permit, which shall be valid for a period of not more than one year.

Easements along rear property lines or elsewhere for public purposes may be required. Such easements shall be at least 20 feet wide for one utility and five additional feet for each additional utility and be located in consultation with the companies or Township departments concerned and to the fullest extent possible, be centered on or adjacent to rear or side lot lines.

Floodplain and conservation easements shall be indicated on the preliminary and final plats and shown in such a manner that their boundaries can be accurately determined.

The removal of trees and ground cover shall be prohibited in a conservation easement or floodplain except for the following purposes: the removal of dead or diseased trees; limited thinning of trees and growth to encourage the most desirable growth; and the removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds or lakes.

The boundary line of any easement shall be monumented at its intersection with all existing or proposed street lines. Such easement dedication shall be expressed on the plat as follows: "... easement granted to the Township of Hillsborough as provided for in the Development Regulations Ordinance of the Township of Hillsborough."

Whenever the internal grading of a lot is part of the design of the drainage of the stormwater system, as by swale, berm or other topographical feature designed to intercept or direct waters, the same shall be designated as an easement on the map to be filed, or shall be dedicated by recorded instrument, in such a way as to give notice to future owners of said property and to ensure continued maintenance of such drainage feature.

A separate written report shall accompany all preliminary plats of major subdivisions in accordance with the Township's Environmental Impact Statement Ordinance.[1]

Critical area calculations.

Whenever a central water supply system services a development, provisions shall be made for fire hydrants along streets and/or the property of nonresidential structures. Where streams or ponds exist or are proposed on lands to be developed, facilities may be provided to draft water for fire-fighting purposes. Drafting facilities must be designed to provide a minimum fire flow as approved by the Chief Fire Marshal and shall have a minimum of 30,000 gallons in volume, excluding the bottom two feet of water within the source. This minimum capacity of water must be available year around, including drought conditions. There must be an approved access to a public street for use by fire-fighting equipment and construction of or improvements to ponds, dams or similar on-site or off-site development, where feasible. The facilities provided in this section shall be approved by the Township Fire Department, Chief Fire Marshal and Township Engineer.

Where public water is not available to service a development, underground storage tanks shall be installed to provide a source of water for fire fighting in accordance with the following minimum criteria:

For any new school/educational buildings, religious buildings, government buildings, multifamily residential buildings and nonresidential buildings of over 40,000 square feet in gross floor area, the applicant shall be required to complete a radio test within said building or structure during the construction process and prior to the issuance of a certificate of occupancy to ensure adequate radio communications for emergency personnel. Accessory buildings, such as sheds, barns and silos, as well as one- and two-family residential dwellings, shall be exempt.

The required radio test shall be conducted by the Hillsborough Township Police Department, Fire Department and Emergency Rescue Squad at no cost to the applicant. The Police Department will coordinate testing and certification.

In the event that said radio test fails to demonstrate that adequate emergency radio communications can be provided, the applicant shall be required to incorporate into the structure any necessary communications equipment utilized by the Township Police Department, Fire Department or Rescue Squad, such as satellite receivers or frequency enhancers, as determined by the Chief of Police or his/her designee.

On approved primary local or secondary local roads, three-acre lots to the rear of lots fronting on an approved road are permitted, provided that the lot has a minimum frontage of 25 feet, if approved by the approving authority, and upon a finding that such reduction shall benefit the Township by reason of encouraging the development of rear acreage without derogating from the public welfare or from the intent of this chapter.

The minimum lot size, exclusive of the access strip, shall be two times the minimum required by the MZ, Mountain Conservation District, and the AG, Agricultural Districts.

Access drives shall intersect only roads with primary or secondary street classifications. Access from arterial and collector streets is prohibited.

Resubdivision of a flag lot below these standards is prohibited.

No more than one principal use shall be served from one access drive.

To avoid a continuous strip of abutting access drives, the location of access strips to flag lots shall be spaced so as to be no closer to each other or to the intersection of two streets than at least half the distance required between two street intersections, except that no more than two access strips may abut one another.

Any applicant shall obtain approval according to the requirements of the Flood Damage Prevention Ordinance of the Township.[1]

Permitted uses in a floodplain portion of the flood hazard area shall be restricted to the following, provided that they are related to permitted uses in the district in which the floodplain portion is located:

In the case of any lot containing a floodway and on which regrading and/or constructing an improvement is proposed, the regrading and/or construction shall not be permitted unless a stream encroachment permit has been issued by the New Jersey Department of Environmental Protection, Division of Water Resources, where required by state regulations.

For purposes of this section, a commercial vehicle is any vehicle registered as a commercial vehicle with the New Jersey Division of Motor Vehicles; or containing advertising matter intended to promote the interest of any business, whether or not said vehicle is registered as a commercial vehicle, with the exception of passenger vehicles designed to carry 15 passengers or less, which are exempt from this provision.

Only one commercial truck or van with a gross vehicle weight rating (GVWR) of 10,000 pounds or less (FHWA weight classes 1 and 2), and having no more than two axels, is permitted to be parked out-of-doors overnight on a residential property in a residential zone subject to the following conditions:

Overnight parking of commercial vehicles with a gross vehicle weight rating (GVWR) exceeding 10,000 pounds, nonrecreational trailers, construction equipment, truck tractors, and buses is prohibited in residential zones.

No more than one commercial vehicle as defined herein shall be stored or maintained on any residential property whether it is stored outside or in an enclosed structure.

This provision shall not be deemed to limit the number of commercial vehicles used in conjunction with a permitted agricultural use.

Topsoil protection. No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the development and shall be stabilized by seeding or planting.

Subsoil protection. Excess subsoil may be transferred to another site within the Township, but under no circumstances may it be relocated outside of the Township.

No grading, construction or regrading shall be permitted which creates or aggravates water stagnation or a drainage problem on adjacent properties, and all grading shall comply with the Environmental Impact Statement Ordinance, Soil Erosion and Sediment Control Ordinance, Surface Water Management Ordinance and Floodways and Flood Hazard Areas Ordinance,[1] where applicable. Grading shall be limited to areas shown on an approved plan.

Any soil transported into and within the Township of Hillsborough will require a certification from an approved laboratory stating that the soil is not contaminated and is suitable, clean material meeting the standards of the New Jersey Department of Environmental Protection. The certification must be submitted to the Township Engineering Department a minimum of 10 days prior to anticipated soil transportation. Any soil material transported without this certification being on file with the Township Engineering Department is subject to testing as arranged by the Township Engineering Department, at the sole cost and expense of the contractor/property owner. Soil grading is also subject to § 188-85 of the Code of the Township.

"Heliport" means an area of defined dimensions, designated for the landing and takeoff of helicopters, and used solely for that purpose.

A heliport may be permitted by the Planning Board as a conditional use in connection with and accessory to an industrial or office use in the following specific zone districts only: O-2 Office District, O-5 Office/Research District, I-2 Light Industrial District and GI General Industrial District. Helistops shall not be permitted in any district.

No such conditional use shall be permitted, and no heliport shall be installed, used or operated, unless the applicant therefor shall demonstrate, in accordance with the procedures for granting conditional uses (see § 188-9), the following:

Existing airports may expand in compliance with the New Jersey Department of Transportation and Federal Aviation Agency, provided that the following standards are adhered to:

A residence or permitted accessory structure may contain the office of a practitioner licensed or certified by the State of New Jersey for the practice of any of the following: chiropody, podiatry, dentistry, medicine, chiropractic, psychology, psychiatry and osteopathy; subject, however, to all of the following terms and conditions:

In addition to the offices of professional persons as permitted in Subsection A above, the following professions may be conducted as home occupations in a residence or in a permitted accessory structure within the limitations imposed by this subsection: accountants, sales agents, teachers, craftsmen, engineers, planners, lawyers, architects and licensed beauticians. Any of the said uses shall be permitted only if all of the following requirements are complied with:

In addition to the offices of professional services and occupations as permitted in Subsections A and B above, the following occupation is deemed a home occupation and may be conducted in a residential dwelling or in a permitted accessory structure in accordance with N.J.S.A. 40:55D-66.4 and 40:55:D-66.5[1]: family day-care home.

Membership by all property owners, condominium owners, stockholders under a cooperative development and other owners of property or interests in the project shall be mandatory. Required membership and the responsibilities upon the members 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, 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 open space or property by sale or otherwise, except to an organization conceived and established to own and maintain the open space or property for the benefit of such development, and thereafter 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 (or municipalities) wherein the land is located.

The assessment levied by the organization upon each member may become a lien on each member's property. 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 the covenant, model deeds and articles of incorporation of the organization, and the fact that every tenant and property owner shall have the right to use all common property. These shall be set forth as a condition of approval and shall be submitted prior to the granting of final approval.

The articles of incorporation, covenants, bylaws, model deeds and other legal instruments shall ensure 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 designated Township body or officer, as the case may be, 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, 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.

Lots shall conform to the requirements of the zoning provisions of this chapter and, insofar as is practical, side lot lines shall be either at right angles or radial to street lines.

Each lot must front upon an approved public street, which street right-of-way is at least 50 feet in width. Through lots with frontage on two streets will be permitted only under the following conditions:

Where extra width has either been dedicated or provided for widening of existing streets, lots shall begin at such new street line and all setbacks shall be measured from such line.

In the case of two or more contiguous lots under the same ownership, regardless of whether or not each may have been approved as a subdivision, acquired by separate conveyance or by other operation of law, where one or more of said lots does not conform with the area and/or dimension requirements for the zone in which it is located, the contiguous lots shall be considered as a single lot and the provisions of this chapter shall hold.

No lot which conforms to the requirements of this chapter governing minimum lot width, depth or area shall be deemed or considered to be nonconforming where such nonconformity is created solely by virtue of the dedication to and acceptance or condemnation by the Township of Hillsborough or the County of Somerset or the State of New Jersey of land for a street, avenue or road right-of-way or sewer or drainage easement, provided that the width, depth or lot area remaining is not less than 80% of the requirements of this chapter, and provided further that this section shall not apply where such dedication is made pursuant to the subdivision of lands in accordance with this chapter into more than two lots or in connection with the dedication of a new street.

Natural features, such as trees, brooks, swamps, hilltops and views, shall be preserved whenever possible and care shall be taken to preserve selected trees to enhance soil stability and landscaped treatment of the area.

Where the Master Plan or Official Map of the Township delineates floodplains and other critical areas, they shall be delineated on the plat and the removal of trees and ground cover shall be prohibited in these areas except for the following purposes: the removal of dead or diseased trees, the limited thinning of trees and brush to encourage the most desirable growth and the removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds or lakes. These areas shall be indicated on the preliminary and final plats and shown in such a manner that their boundaries can be accurately determined. The boundary line of any easement shall be monumented at its intersection with all existing or proposed street lines and at angle points along its alignment. An easement dedication shall be expressed on the plat as set forth in § 188-45, Easements, in this article.

Where streams or ponds exist or are proposed, facilities shall be provided to draft water for Township fire-fighting purposes as set forth in § 188-49, Fire protection, in this article.

Stream corridor protection.

Abandonment. A nonconforming use shall be considered abandoned if it is terminated by the owner, or if a nonconforming use involving a structure is discontinued for 12 consecutive months, or if a nonconforming use of land ceases for a period of six months. The subsequent use of the abandoned building, structure and/or land shall be in conformity with this chapter.

Restoration. Any nonconforming use or structure existing at the time of the passage of an ordinance may be continued upon the lot or in the structure so occupied and any such structure may be restored or repaired in the event of partial destruction thereof. A pre-existing nonconforming use may be repaired or maintained, so long as the repair or maintenance does not result in total destruction. The total destruction of a nonconforming use or structure whether by design or accident terminates the use. The test of whether a nonconforming use or structure may be restored or repaired is whether there has been some quantity of destruction that surpasses mere partial destruction. At a minimum, the foundation and at least two walls must remain and not require repair or replacement or the destruction shall be deemed total. However, the mere fact that the foundation and at least two walls remain and do not require repair or replacement shall not be conclusive or determinative as to whether the destruction is only partial. The Construction Official in consultation with the Zoning Officer shall determine whether the destruction is partial.

Repairs and maintenance. Repairs and maintenance may be made to a nonconforming use, structure or lot, provided that the work does not change the use, expand the building or the functional use of the building, increase the area of a lot used for a nonconforming purpose or increase the nonconformity in any manner.

Nonconforming lots and structures. (See also § 188-58, Lots, in this article.)

Essential off-site and off-tract improvements.

Advisable off-site and off-tract improvements. Where the approving authority finds that off-site and off-tract improvements would be advisable and would promote the objectives of this chapter and that the same can be most appropriately accomplished in connection with the development, but that said off-site and off-tract improvements are not essential to the development as set forth in either Subsection A(1) or (2) above, and particularly where the off-site and 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 (including the property of the developer) specially benefited thereby, then the provisions of this Subsection B shall apply, as follows:

Access to lots with more than 10 spaces. There shall be a maximum of one access drive at any street, with the center line of the access drive at least 30 feet from any property line. When the property along a street exceeds 500 feet in length, one access drive may be permitted for each 250 feet of frontage. Driveways with widths exceeding 24 feet shall be approved by the approving authority, giving consideration to the width, curbing, traffic flow, radii of curves and traffic lane dividers.

Access to loading and parking spaces. Individual spaces shall be served by interior driveways and be designed for vehicle access without requiring the moving of any other vehicle. Spaces shall not have direct access from public streets or major interior drives and roads.

Buffers. All loading areas and parking lots with 10 or more spaces shall have a thirty-foot wide buffer from adjoining streets, property lines, existing residential uses and residential zoning districts in accordance with the buffer section of this chapter.

Curbing. All parking lots with more than 10 spaces and all loading areas shall have concrete or Belgian block curbing around the perimeter of the parking and loading areas in conjunction with an overall drainage plan. Curbing shall be either depressed at the driveway or rounded at the comers with the access drive connected to the street in the same manner as another street. Curbing between vehicular and pedestrian ways shall be designed with periodic ramps from the street or parking grade to the sidewalk, which shall be no less frequent than one every 65 feet and located in accordance with a pedestrian circulation plan.

Dimensions.

Drainage. All parking and loading areas shall be drained in accordance with good engineering practice as approved by the Township Engineer. 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 finished grade and filled with a suitable subbase material as determined by the Township Engineer. Where required by the Engineer, a system of porous concrete subsurface drainpipes shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material shall be applied.

Surfacing. Surfacing shall be approved as part of the site plan approval. Areas of ingress and egress, loading and unloading areas, major interior driveways and aisles and other areas likely to experience similar heavy traffic shall be paved according to the Standard Details and Design Criteria of the Township Engineering Department.

Landscaping. Landscaping in all loading areas and in and around parking lots for 10 or more vehicles shall be shown on a landscaping plan. Trees shall be staggered and/or spaced so as not to interfere with driver vision at intersections of driveways and streets and at the ends of parking rows, have branches no lower than six feet and shall number at least one tree for every 20 parking spaces, in addition to any buffer requirements. All areas between the parking area and the building shall be landscaped. All landscaped areas within the parking lot or loading area shall be protected by concrete or Belgian block curbing. Any plantings which do not live shall be replaced within one year or one growing season. A majority of the parking area shall be obscured from public streets by buildings, landscaped berms, natural ground elevation or plantings, singularly or in combination.

Minimum loading requirements. Adequate off-street loading and maneuvering space shall be provided for every use based on the following schedule. Those uses not listed shall provide sufficient spaces as determined under site plan review.

Minimum parking requirement. The number of parking spaces for each use shall be determined by the number of dwelling units, the amount of gross floor area as defined in this chapter or such other measure as noted below. Where a particular function contains more than one use, the minimum parking requirement shall be the sum of the component parts. Where an applicant can demonstrate that fewer parking spaces would be required, the approving authority may allow a lower number, provided that the applicant shows on the approved site plan how the required additional spaces could be added if necessary without violating the impervious surface coverage requirements of this chapter. The floor area occupied in any building or structure as a child-care center shall be excluded in calculating any parking requirement otherwise applicable to that number of units or amount of floor space.

Location of parking and loading areas.

Off-street parking spaces. Each residential building lot shall, as a minimum, make provisions for two off-street parking spaces.

Electric vehicle supply/service (EVSE) and make-ready parking spaces.

In the nonresidential zones, no article or material shall be kept, stored or displayed outside the confines of a building unless the same is screened by a special buffer planting, berm arrangement or fence, or combination thereof, as approved by the Planning Board or Board of Adjustment, as appropriate, and is not visible from any adjacent property or public street. All outdoor storage areas shall have a minimum twenty-foot buffer from any property line; except where adjacent to any existing residential dwelling or residential zone district boundary, there shall be a minimum sixty-foot buffer. A conservation easement shall be established by the applicant to include the required buffer area, subject to approval by the Township Attorney and recorded prior to the issuance of a certificate of occupancy.

In the residential zones, outdoor storage is prohibited.

Outdoor storage as herein regulated is only permitted in the side and rear yards.

Section 188-69 shall apply to the storage outdoors of any article or material other than a motor vehicle, which shall be governed by the provisions of § 188-70.

Definitions. The following terms, phrases and words, as used in and for the purpose of this section, shall be deemed to have the following meanings:

Abandonment, keeping or storage of inoperable vehicles prohibited. It shall be unlawful for any person to abandon keep, store, locate, suffer or permit the keeping, abandonment or storage of any inoperable vehicle or vehicles, as defined herein, out of doors upon any public or private lands in the Township of Hillsborough or any public streets thereof. Nothing herein shall be deemed to prohibit the placing, keeping or storing of any such vehicle in an enclosed garage, barn or any other building.

Presumption as against owner of property. If any inoperable vehicle or vehicles as defined herein shall be abandoned, kept, located or stored on private lands in the Township of Hillsborough, it shall be presumed that the owner or tenant in possession of said land or property has abandoned, kept, located or stored it at his property or permitted or suffered it to be abandoned, kept, located or stored on said property, and the owner of said property shall be responsible for the violation in accordance with Subsection B hereof.

Enforcement.[1]

Exception. The provisions of this section shall not be applicable to automobile repair shops, auto-body shops or service stations, to the extent that these uses are regulated concerning inoperable and/or unregistered vehicles awaiting repair as set forth in the Hillsborough Township Development Regulations.

Definitions. As used in this section, the following terms shall have the meanings indicated:

There shall be included in any new multifamily housing development that requires subdivision or site plan approval an outdoor recycling enclosure for the collection and storage of residentially-generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions and details of the recycling enclosure shall be as prescribed in the Township of Hillsborough Engineering Department Standard Details and Design Criteria, as may be amended by the Township Engineer to meet site specific conditions. The size and number of bins or containers therein shall be determined in consultation with the municipal recycling coordinator, and shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and any applicable requirements of the municipal master plan, adopted pursuant to Section 26 of P.L. 1987, c. 102.[1]

The recycling area shall be conveniently located for the residential disposition of source separated recyclable materials, preferably near a refuse dumpster. The location shall be subject to the review of the Township Engineer and Township Fire Official.

The recycling and integrated enclosure shall be well lit, and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling enclosure and the bins or containers placed therein, against theft of recyclable materials, bins or containers.

The recycling enclosure or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling enclosure, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.

Signs clearly identifying the recycling enclosure and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.

Electronic equipment. Electronic equipment shall be shielded so there is no interference with any radio or television reception beyond the operator's property or dwelling unit as the result of the operation of such equipment.

Glare. No use shall direct or reflect a steady or flashing light beyond its lot lines. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered and directed as approved on the site plan so that any glare, direct light or reflection will not interfere with the normal use of nearby properties, dwelling units and streets, according to § 188-57, Lighting, in this article.

Air, water and environmental considerations. 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. All uses shall comply with the Flood Damage Prevention Ordinance, Environmental Impact Statement Ordinance, Soil Erosion and Sediment Control Ordinance and Surface Water Management Ordinance.[1]

Storage and waste disposal. No materials or wastes shall be deposited upon a lot in such form or manner that they can be transferred off the lot, directly or indirectly, by natural forces such as precipitation, evaporation or wind. All materials or wastes which might create a pollutant or a hazard shall 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 and Fire Inspector.

All planned developments shall be designed to the specific planned development provisions of the zoning sections of this chapter. The planned development provisions 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 of this article. Also, the amount, location and purpose of the common open space shall be adequate for the use intended.

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

The proposed planned 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, the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development shall be adequate.

No lot shall contain more than one principal building; except that in nonresidential zones, more than one principal building may be permitted, subject to site plan approval.

No lot shall contain more than one principal use; except that in nonresidential zones, more than one principal use may be permitted, subject to site plan approval.

No building shall contain more than one principal use; except that in nonresidential zones, buildings may contain more than one permitted principal use, subject to site plan approval. Where a request is submitted to use an existing building with more than one permitted principal use, site plan approval shall not be required, provided that there are no proposed additions and compliance with the parking requirements is demonstrated.

Existing individual industrial buildings may contain more than one permitted principal use, provided that the minimum floor area for any tenant containing a permitted principal use is 1,500 square feet.

Individual industrial buildings may contain more than one principal permitted use, provided that the required amount of off-street parking is provided on site.

The provisions in this section shall not apply to small wind energy systems.

All public services shall be connected to an approved public utilities system where one exists.

An installation performed by a servicing utility shall be exempt from the provisions requiring performance guaranties, inspection and certification by the Township Engineer, except as regards approval of facility location within the public right-of-way, backfilling of trenches and related pavement restoration and coordination with other utility improvement. Where natural foliage is not sufficient to provide year-round screening of any utility apparatus appearing above the surface of the ground, other than utility poles, the applicant shall provide sufficient live screening to conceal such apparatus year round, except fire hydrants. On any lot where, by reason of soil conditions, rock formations, wooded area or other special condition of land, the applicant deems it a hardship to comply with the provisions of this section, the applicant may apply to the approving authority for an exception from the terms of this section in accordance with the procedure and provisions of § 188-11, Power to grant exceptions, in Article II. Should overhead lines be permitted as the exception, the alignments and pole locations shall be carefully routed to avoid locations along horizons and avoid clearing swaths through treed areas, by selective cutting and a staggered alignment, by planting trees in open areas at key locations to minimize the view of the poles and alignments, by following interior locations and similar design and location considerations to lessen the visual impact of overhead lines.

Pipelines.

Solar energy systems.

Small wind energy systems.

Violations. It is unlawful for any person to construct, install, or operate a small wind energy system or solar energy systems that is not in compliance with this section or with any condition contained in a building permit issued pursuant to this section. Solar energy systems and small wind energy systems installed prior to the adoption of this section are exempt.

Severability. The provisions of this section are severable, and the invalidity of any section, subdivision, paragraph, or other part of this section shall not affect the validity or effectiveness of the remainder of the section.

All storage areas, trash facilities, pits, 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. All structures, gasoline pumps, air pumps and the islands upon which pumps are normally located shall be set back from all street and property lines at least 60 feet. A minimum of 25 feet shall exist between any two islands and between any island and the service station building.

No junked motor vehicle or parts thereof and no unregistered unlicensed motor vehicle shall be stored on the premises of any service station. Not more than six motor vehicles may be located on the premises outside a building for a period not to exceed five days, provided that the owners are awaiting the repair of said motor vehicles. All vehicles stored overnight on the premises shall be screened from public and residential view.

The exterior display and parking of equipment for rental or sale purposes shall be permitted, provided that the area devoted to this purpose does not exceed 20% of the lot area; the maximum sign area for a service station is not exceeded and the location of the rental and sales area does not interfere with the required off-street parking and traffic circulation required for the service station.

It is intended that service stations be designed compatibly with other permitted commercial and industrial uses in the zone in which they are located, that they not be stripped along the 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 recognize the turning movements generated. The access points shall be coordinated with the access points required for the nearby uses and the frequency of intersecting side streets, minimizing left turns off collector and arterial streets and maintaining building setbacks compatible with the required setbacks and landscaping.

Floor drains shall not be connected to the sanitary sewer system. A separate grease separation unit shall be installed. All waste fuel, oil and grease storage shall be underground.

The nearest boundary line of the lot or parcel of land so to be used must be at least 500 feet, measured in a straight line, from any boundary line of property which is used as or upon which is erected:

No new service station which dispenses gasoline fuel shall be located within 2,500 feet of an existing service station which also dispenses gasoline fuel, measured along any street or public right-of-way; provided, however, that where there is a center barrier, the distance of 2,500 feet shall be measured on the same side of the street.

There shall be no outdoor public address system.

Restaurants with drive-in windows may be permitted, provided that the drive-in window does not interfere with the safe use of required parking spaces and required drives, interior pedestrian circulation or the access driveway from any public street. For each drive-in window in existence, there shall be an adequate stacking area at least 200 feet in length which is clearly segregated from and will not interfere with the street access driveway or interior vehicular drive.

Where a residential zone or dwellings abut a fast-food or a drive-in restaurant, additional screening and buffering shall be required. A special program for controlling litter shall be developed and implemented by the applicant as approved by the Planning Board including the installation of public interest signs for litter control purposes. In addition, the service delivery area shall be designed so as to minimize impact on residential areas or zones. In no case shall the proposal be designed so that a negative impact will affect adjacent residential areas.

Tractor trailers and trucks in excess of three tons shall be prohibited from parking on the site unless a specifically designed parking area is designed and constructed to accommodate larger trucks. The area shall be completely screened from public view and shall be constructed in accordance with Township standards.

The building structure and architecture shall be consistent with the general area in the vicinity of the project. Unusual or unconventional designs which would not be in harmony with the larger neighborhood area are not permitted.

Outdoor cafes.

If a sewage treatment and collection system is accessible, the developer shall construct sewerage facilities within the development to transport all sewage from each lot and the total development to said collection and treatment system. Where a treatment and/or distribution system is part of an adopted capital improvements program and said system will be accessible to the proposed development within a reasonable time, the developer shall install dry sewers designed to tie into the proposed system.

Any treatment plant and collection system, including individual on-lot septic systems, shall be designed in accordance with the requirements of state and Township ordinances and standards.

If sewage treatment is to be by an on-lot system, § 188-30B(16) shall be complied with.

Purpose.

Applicability.

Definitions. Words and phrases used in this section shall have the meanings set forth in this section. Words and phrases not defined in this section but defined in the Development Regulations (Zoning) Ordinance shall be given the meanings set forth in such chapter. Principles for computing sign area and sign height are contained in Subsection D. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this section.

Sign computation.

Restrictions for all signs.

Prohibited signs. Unless specifically permitted by the approving authority or this section, the following signs are prohibited:

Signs permitted in all areas. The following types of signs are permitted in all areas of the Township:

Permitted temporary signs. The following temporary signs are permitted in all areas. In no case shall a temporary sign block, be attached to, or obstruct any traffic directional, or public safety signage. Temporary signs shall not be illuminated.

Signs permitted in home occupation office zones. In Home Occupation Office (HOO) Zone Districts, the following provisions shall apply:

Signs permitted in retail commercial zones. In Retail Commercial (C-1), Professional/Retail (P/R) and Office Light Commercial (OLC) Zone Districts, and in community shopping centers and neighborhood convenience centers authorized as part of a planned development, the following provisions shall apply:

Signs permitted in office and industrial zones. In Office Districts (O-2 and O-5), Light Industrial Districts (TECD, LI, I-1, I-2 and I-3), General Industrial Districts (GI), Economic Development Districts (ED), Mining and Quarry Districts (M and Q) and Corporate Development Zones (CDZ), the following provisions shall apply:

Sign design criteria.

Rules for existing signs. All existing signs must comply with all provisions of this section, except as follows:

Administration and enforcement. The provisions of this section shall be enforced by the Zoning Officer. If the Zoning Officer shall find that any of the provisions of this section are being violated, he/she shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. This action may include removal or alteration of illegal signs or discontinuance of any illegal work being done or other action to ensure compliance with or to prevent violation of its provisions. Illegal signs erected upon public property may be removed by the Zoning Officer without prior notice.

Appeals, interpretations, waivers and variances. The provisions of this section shall be considered as part of the Land Development Ordinance of Hillsborough Township and shall be subject to the jurisdiction of the Planning Board and Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-60 and 40:55D-70 except as provided in Subsection P below.

Sign Review Committee.

Severability. If any provisions of this ordinance shall be adjudged invalid, such adjudication shall not affect the validity of the remaining provisions, which shall be deemed severable therefrom.

Violations and penalties. Any person, firm or corporation who or which shall violate any provision of this section shall be liable to a fine not to exceed $200 for a first offense for each sign in violation; not to exceed $500 for a second offense for each sign in violation; and not exceeding $1,000 for each subsequent offense in conjunction with each sign in violation; and each day in which such violation continues shall constitute a separate violation or offense.

Modernization of existing static billboards. Notwithstanding the foregoing and except as otherwise set forth herein, static billboards that are located along U.S. Route 206 that are in lawful existence at the time of the enactment of this chapter may be replaced with digital billboards in conformance with the requirements set forth herein. For the purposes of this Subsection S, the term "site" shall mean contiguous properties that are owned, or under the control, of the same entity or person.

Wherever this chapter requires the installation of electric utility installations underground, the applicant shall provide for the installation of underground service for streetlighting.

Streetlighting standards of a type and number approved by the approving authority shall be installed at all street intersections and elsewhere as deemed necessary by the approving authority.

Subdivisions shall be served by public streets. The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets and should conform with the topography as far as practicable.

When a new development adjoins land capable of being further developed, suitable provisions shall be made for optimum access of the remaining and/or adjoining tract to existing or proposed streets, including the possibility of a sketch of a feasible plan for the abutting areas as outlined in § 188-27D(2).

Local streets shall be so designed as to discourage through traffic.

In all residential zones, all major developments bounded by any freeway, arterial or collector street shall control access to said streets by having all driveways intersect marginal service streets, parallel streets or a limited number of intersecting local streets. In addition, that portion of the development abutting said freeway, arterial or collector street right-of-way shall either be planted with nursery grown trees to a depth of not more than 25 feet from the right-of-way line and for the full length of the development so that in a reasonable period of time a buffer will exist between the development and the highway, or, where the topography permits, earthen berms shall be created at a sufficient height to establish a buffer between the development and the highway. Berms shall not be less than six feet in height and they shall be stabilized by ground cover, trees and shrubs to prevent soil erosion. All trees shall be of nursery stock having a caliper of not less than 2.5 inches measured three feet above ground level and be of an approved species grown under the same climatic conditions as at the location of the development. They shall be of symmetrical growth, free of insect pests and disease, suitable for street use and durable under the maintenance contemplated. Said buffer planting, landscaping of open space areas or berm construction shall be part of the improvements required before issuance of building permits for the first subsection of the subdivision regardless of the location of the buffer planting or berms. No driveways shall enter onto freeways. Driveway entrances to arterial or collector streets shall be prevented as much as possible. Where size, shape, location or some other unique circumstance may dictate no other alternative than to have a driveway enter an arterial or collector street, the lot shall provide on-site turnaround facilities so it is not necessary to back any vehicle onto an arterial or collector street.

In all developments the minimum street right-of-way shall be measured from lot line to lot line, but in no case shall a new street that is a continuation of an existing street be continued at a width less than the existing street although a greater width may be required in accordance with the Standard Details and Design Criteria of the Township's Engineering Department. In addition, where any arterial or collector street intersects another arterial or collector street, the right-of-way and cartway requirements shall be increased by 10 feet on the right side of the street(s) approaching the intersection for a distance of 300 feet from the intersection of the center line.

No development showing reserve strips controlling access to streets or another area, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to a public body.

In the event that a development adjoins or includes existing Township streets that do not conform to widths as shown on either the Master Plan or Official Map or the street width requirements of this chapter, additional land along both sides of said street sufficient to conform to the right-of-way requirements shall be anticipated in the development design. The additional widening may be offered to the Township for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way and shall be expressed on the plat as follows: "Street right-of-way granted to the Township of Hillsborough for the purposes provided for and expressed in the Development Regulations Ordinance for the Township of Hillsborough." This statement on an approved plat shall in no way reduce the developer's responsibility to provide, install, repair or maintain the facilities in the area dedicated by deed and as shown on the plat and/or provided for by any maintenance or performance guaranties. If the development is along one side only, at least 1/2 of the required extra width shall be anticipated. For a major development, that portion of the existing street or road adjoining or included within a development shall be improved, including excavation, grading, gravel base and surfacing, in accordance with the road improvements standards of this chapter.

Longitudinal grades on all streets shall not exceed 12% on secondary local streets, 7% on primary local streets, 5% on collector streets or 3% on arterial streets. No street shall have a longitudinal grade of less than 1/2 of 1%. Maximum grades within intersections shall be 4%. Additional design criteria shall be set forth in the Standard Details and Design Criteria of the Township's Engineering Department.

Intersecting street center lines shall be as nearly at right angles as possible and in no case less than 60º at the point of intersection. The curblines shall be parallel to the center line. Approaches to all intersections shall follow a straight line for at least 100 feet, measured from the curbline of the intersecting street. No more than two street center lines shall meet or intersect at any one point. Streets intersecting another street from opposite sides shall not be offset unless, measuring from the point of intersection of the street center lines, a minimum center-line offset of 200 feet is provided. Any development abutting an existing street which is classified as an arterial or collector street shall be permitted not more than one new street every 800 feet within the boundaries of the tract being developed on the same side of the street. In the spacing of streets, consideration will be given to the location of existing intersections immediately adjacent to the development. Intersections shall be rounded at the curbline, with the street having the highest radius requirement as outlined below determining the minimum standard for all curblines: arterial, 35 feet; collectors, 30 feet; primary local streets, 25 feet; and secondary local streets, 20 feet. No secondary local street shall be part of a four-way intersection.

Sight-triangle easements shall be required as set forth in § 188-82, Sight triangles, in this article.

A tangent at least 200 feet long shall be introduced between reverse horizontal curves on arterial and collector streets. All deflections in horizontal center-line alignment shall be provided with circular curves having a radius conforming to the Standard Details and Design Criteria of the Township's Engineering Department.

All changes in grade where the algebraic difference in grade is 1% or greater shall be connected by a vertical curve having a length of at least 100 feet for each 2% difference in grade and providing a minimum sight distance as set forth in the Standard Details and Design Criteria of the Township's Engineering Department.

Dead-end streets (culs-de-sac).

No street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound as to be confused with names of existing streets within the Township or nearby streets of adjacent municipalities. The continuation of an existing street must be approved by the approving authority.

Township streets shall be constructed in accordance with the specifications set forth in the Standard Details and Design Criteria of the Township's Engineering Department.

Street classifications shall be those set forth in the adopted Master Plan, as follows:

No private residential pool shall be installed on any lot unless said lot shall contain a residence and said pool shall be accessory to the residence and meet the setback requirements for accessory buildings in the district in which it is located, except that if the pool is located in the front yard, the pool shall be set back at least the same distance from the street line as required for a principal building.

A pool shall occupy no more than the equivalent of 75% of the yard area in which it is located. The pool area shall include the water surface and the patio adjoining the pool. The pool area on in-ground pools shall be enclosed with a fence four feet high with a self-latching gate. Aboveground pools shall either be fenced as above or have a safety ladder, with the filter system enclosed or separated so as to prevent its use as an access to the pool.

Purposes and authorization. In an effort to add flexibility to development proposals, to preserve land for public and agricultural purposes, to prevent development on environmentally sensitive areas and to aid in reducing the cost of providing streets, utilities and services in residential development, this section permits the owner of lands in the RS, R1, PD, CR and TC Districts to increase the density of development on that tract in exchange for dedicating separate and properly subdivided lots for either open space, school site or other public use. This provision can also provide marketability for marginal lands in environmentally sensitive areas, without increasing the overall population density within the Township.

Standards as to lands to be deeded.

Standards as to determination of acceptability. The Planning Board and the Township Committee, in acting upon the acceptability of the lands proposed to be dedicated or conveyed to the Township, shall be guided by the following standards:

Application to Planning Board. The applicant shall submit a plat showing the lands proposed to be dedicated or conveyed to the Township and a plat showing the area to which it is proposed to transfer the development credits and, in general form, the manner in which such credits are proposed to be utilized. Both plats shall include the required information for the appropriate stage of subdivision and/or site plan review.

Referral to governing body.

Processing by Planning Board. The application shall be processed concurrent with the major subdivision or PUD with which it is associated.

Excess credits. There shall be no banking of development credits. If the plan presented by the applicant does not utilize all of the credits to which the land may be entitled, any excess credits shall be considered forfeited; provided, however, that if the parcel to be conveyed is of sufficient size so as to permit the subdivision therefrom of lands which would be the excess credits, and if such subdivided parcel would conform to the zoning regulations, and would not impair the use of the remaining lands to be conveyed, the Planning Board may permit such subdivision. Any such subdivision shall conform to the subdivision provisions but may be processed concurrent with the main application, contingent upon the granting of the main application.

Conveyance to Township.

Undedication. Lots dedicated to public open space, school site or other public purposes may be undedicated and developed, provided that all the following conditions exist:

Where water is accessible from a servicing utility, the developer shall arrange for the construction of water mains in such a manner as to make adequate water service and fire protection available to each lot or dwelling unit within the development. The entire system shall be designed in accordance with the requirements and standards of the Township, county and/or state agency having approval authority and shall be subject to their approval. The system shall be designed with adequate capacity and sustained pressure for current needs and anticipated future system extensions.

Where public water is not available, water shall be provided by the lot owner on an individual well basis. Such wells shall be designed in accordance with the requirements and standards of the Township and/or state agency having jurisdiction.