Each overall development shall have a compatible architectural and landscaping theme with variations in design to provide attractiveness to the development. Each project shall specify how each of the following considerations has been incorporated in the overall plans; landscaping techniques; building orientation to the site and to other structures; topography; natural features such as wooded areas, drainage courses, soil conditions, and topographic relief; and building design features such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing roof lines and roof designs, altering building heights, and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singly or in combination and stormwater management.

The configuration of structures may be any alignment that meets the yard requirements and does not exceed the following overall or component building lengths: (1) 200 feet on one plane; (2) 340 feet on any angle; and (3) 500 feet along the centerline. Any passageway between two structures which has a roof attached to both structures shall be included in calculating these lengths. Townhouse structures shall have not less than three nor more than five dwelling units on one plane, nor more than eight units in one overall structure.

No dwelling unit shall have a living area level lower than the finished grade along the front of the structure except that on side hill locations the number of stories above ground on the uphill side shall not exceed two stories with a third story permitted above ground on the downhill side. The height of the building measured from the lowest grade of the foundation on the downhill side shall not exceed 40 feet.

All required open space shall be improved for the purposes intended as shown on the plan.

The location of recreational facilities shall consider the proximity of structures, type of recreational facility, noise level and evening illumination which may create nuisances for residents, and pedestrian and bicycle traffic across major interior roads or driveways. The periphery of any recreation area shall be no closer to a residential structure than the minimum yard for that structure.

Except in the industrial zone, no block shall be longer than 12 homes on one side of the street or 12 lot widths as the zone requires. Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the zoning ordinance and to provide for convenient access, circulation control and safety of street traffic.

In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the planning board. Such walkway shall be 10 feet wide and be straight from street to street.

For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.

Standards for cluster development in the VRC and MRC Zoning Districts are included in section 17-160.

Cluster development designs in the R-150 and R-100 Zoning Districts are permitted only on tracts where sewer service is available from the Ewing-Lawrence Sewerage Authority or from Stony Brook Regional Sewerage Authority and shall be provided water from a public water system. Cluster development is an alternate design intended to provide flexibility in the design of residential developments mutually acceptable to the planning board and the developer. The purpose is also to preserve open space and provide other public amenities and services by permitting a reduction in residential lot size without increasing the number of lots or the permitted number of dwelling units allowed under the density provisions of this chapter. It is intended that all lands to be offered to the township will be suitably located and improved for public purpose(s) and acceptable to the township. Through the use of these provisions, it is intended to encourage energy conservation and the use of renewable energy sources by reducing street lengths and by offering more flexibility in orienting the placement of individual buildings. Through the cost savings realized from the reduction in streets, utilities and other improvements, opportunities to generate lower income housing are intended in accordance with section 17-92 and the applicable sections of Article IX. The following specific requirements must be met in any cluster development.

The number of people expected to be added to the municipal population as a result of the proposed development according to the following age cohorts; pre-school-aged children, school-aged children, parents of family-bearing age, middle-aged adults and retired people.

The anticipated number of pupils who will be added to the student population in the municipality and the ability of the existing public school facilities to absorb the expected student population during a ten-year time period. Should expanded or new school facilities and/or increased teaching staff be required, the expected cost for such additions shall be specified.

The existing facilities available to serve the proposed development and the impact of the development upon the facilities, including the adequacy of existing public water facilities; public sewerage facilities; recreational facilities; and library facilities. Should such facilities be determined inadequate to serve the proposed development, the remedies, either expected or proposed by the applicant shall be indicated along with the estimated costs for such additional facilities and who, in the opinion of the applicant, should pay for them.

The existing services provided by the township to serve the proposed development and the impact of the development upon the services, including police protection; emergency rescue, fire protection, solid waste disposal; and street maintenance services.

The existing road network available to serve the proposed road network within the development itself and the surrounding road network which will be affected by the proposed development, including the capacity of the existing and proposed roadways; the anticipated traffic volumes as a result of the proposed development as well as the increase in traffic volumes expected from other developments within the area; and any problem spots in the overall road network including unsafe intersections, turns, or grades.

The revenues expected to be generated from the development compared to the anticipated costs which the proposed development is expected to generate. Revenues and costs shall be shown for the municipality the municipal school systems, and the county.

Regular Curbs. The planning board may require among other conditions in the public interest, that the developer install curbs as a supplement to the pipe drainage. Curbs shall be constructed in accordance with the "Standard Specifications for Road and Bridge Constructions, 1961" of the New Jersey State Highway Department as amended and the Hopewell Township Standard Specifications. Curbs shall be constructed of Class B, 4,500 psi concrete, air-entrained. Unless otherwise required for arterial roads, or by other regulatory agencies, concrete curb shall be not less than six inches thick at the top and eight inches at the bottom and 18 inches deep. The top corner on the face of the curb shall be rounded to a radius of one-half inch. Top of curb shall project six inches above the finished road surface at the curb line.

Rolled Concrete Curbing. Where required under provisions of this chapter, rolled concrete curb shall be constructed of Portland Cement which shall have a compressive strength of 4,000 pounds per square inch after 28 days. The maximum length of sections shall be 10 feet, with preformed bituminous expansion joint filler one-half inch thick installed at a maximum spacing of 20 feet. The curb shall be 24 inches wide, six inches deep on the pavement side, 10 inches deep on the lot side, and shall have a one inch depression below the pavement side located about one-third the distance from the pavement edge. The side adjacent to the pavement shall be flush with the finished pavement surface.

Policy statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure Best Management Practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.

Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in subsection 17-82.2 and for "minor development" as defined below in subsection 17-82.2.

Applicability.

Compatibility with other permit and ordinance requirements. Development approvals issued pursuant to this section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:

The standards in this section apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or Water Quality Management Plan adopted in accordance with Department rules.

All construction meeting the definition of "minor development" shall comply with the requirements specified herein.

All construction meeting the definition of "minor development" shall be required to provide groundwater recharge within the same property as the proposed construction.

Soil erosion and sediment control measures shall be installed in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey.

The minimum volume of stormwater required to be recharged shall be calculated as three inches per each square foot of surface area calculated as follows:

The stormwater recharge requirements shall be met using any one or combination of methods permitted in the current Best Management Practices Manual for Green Infrastructure BMPs.

Any alternate methods for achieving the stormwater recharge requirements, not contained within the Best Management Practices Manual, shall be required to provide a detailed design, prepared by a New Jersey State licensed professional engineer.

All construction meeting the definition of "major development" shall comply with the requirements specified herein.

All construction meeting the definition of "major development" shall be required to include stormwater management measures designed in accordance with the Residential Site Improvement Standards (RSIS, N.J.A.C. 5:21), and the NJDEP Stormwater Rule (N.J.A.C. 7:8).

Design and performance standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8 and the New Jersey Stormwater BMP Manual, all incorporated herein by reference.

Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this section, the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2 shall take precedence.

The standards included herein by reference shall apply to all residential and nonresidential projects; Township projects; Board of Education projects; and other public agency projects meeting the definition of "major development" and subject to review by the Township.

The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection 17-82.9.

Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).

The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of this section and minor development standards of Subsection 17-82.4:

A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of this section may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:

Site design features identified under Subsection 17-82.5 above, or alternative designs in accordance with Subsection 17-82.5; above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see paragraph a2 below.

This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP or existing stormwater management basin modified or altered as part of a major development.

Requirements for trash racks, overflow grates and escape provisions.

Variance or exemption from safety standard. A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the Township Engineer that the variance or exemption will not constitute a threat to public safety.

Safety Ledge Illustration.

Submission of Site Development Stormwater Plan.

Site Development Stormwater Plan Approval. The applicant's Site Development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the Township Engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.

Submission of Site Development Stormwater Plan. The following information shall be required:

All major development projects requiring stormwater management shall comply with the requirements of this section.

General maintenance.

Stormwater management facilities cannot be removed or modified without the approval of the Township Engineer and, if applicable, the appropriate land use board of the Township of Hopewell having jurisdiction over the development.

Private stormwater facilities.

Nothing in this section shall preclude Hopewell Township from requiring the posting of guarantees in accordance with N.J.S.A. 40:55D-53.

For stormwater facilities not dedicated to or not accepted by Hopewell Township:

Stormwater management facilities for nonresidential (commercial) developments.

Stormwater management facilities for multifamily (e.g., apartments or townhouses) developments.

Stormwater management facilities for conventional, nonclustered development of single-family detached dwellings.

Any stormwater management measure authorized under the municipal stormwater management plan or this section and any revisions thereof shall be reflected in a deed notice recorded in the Mercer County Clerk's office. A form of deed notice shall be submitted to the Township Engineer and Township Attorney for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also include the maintenance plan also required to be recorded upon the deed. Furthermore, access easements shall be provided to Hopewell Township to provide the Township the right, but not obligation, to access the facility. Prior to signing the site plan, subdivision plan, or approving a permit, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of a complete electronic or original recorded copy of the document.

A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the Township Engineer, if the Township Engineer determines that the proposed alteration or replacement meets the design and performance standards pursuant to this subsection and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the Township Attorney and Township Engineer for review and approval, and subsequently recorded with the Mercer County Clerk's office. The instrument shall contain a description and location of the stormwater management measure, as well as include the maintenance plan, as noted above. Prior to signing the site plan, subdivision plan, or approving a permit, proof that the required information has been recorded on the deed in the form of a complete electronic or original recorded copy of the document shall be provided.

The approving board may require dedication of easements or deed restrictions along drainage ways, natural water courses, stream corridors, steep slopes and other unique botanical, historical, geological and paleontological areas located therein or adjacent to a proposed development. The easement or deed restriction shall be indicated on the plan and shall be marked on the land by concrete monuments at angle points and or property corners at sufficient locations to enable the dedicated area to be surveyed. In such cases, the approving Board shall consult with the Township Planner and Township Engineer in determining the required shape and size of the easement. The easement or deed restriction shall be in a form approved by the Township Attorney and shall include provisions assuring the following:

Stream corridors shall be preserved by a conservation easement. Stream corridors extend from 50 feet up to 300 feet, depending on classification of the stream, from each bank of permanently flowing streams as these streams are shown on Natural Resource Conservation Service (NRCS) soil maps. If the natural floodplain is greater, the corridor shall extend to the limits of the floodplain. Stream corridors shall also be extended to include contiguous wetlands and slopes over 12% where the toe of the slope is within 20 feet of the wet soils. Within the stream corridor and 20 feet of its edge, natural coverage shall be maintained, no alteration of the natural terrain shall occur, and no structures or impervious surfaces shall be constructed. All roads and utilities, including septic systems, shall be at least 100 feet from stream corridors.

Land designated as a flood hazard areas shall not be designed for any occupancy nor for any other purpose which may endanger life or property or aggravate the flood hazard. Such land may be considered for yard areas, or other similar uses and shall be preserved by a conservation easement.

In such cases in which an easement extends into a lot for a distance wider than that which is restricted against building by the required yard space regulations of this section, the Planning Board may require the lot to be enlarged to the degree necessary to provide additional building area.

Upon completion of the project and prior to any approval or acceptance of the stormwater facilities, the applicant shall submit electronically to Hopewell Township a record drawing "as-built" of the stormwater facilities as a georeferenced (NJ State Plane coordinates) shapefile or geodatabase, (with all other non-applicable data removed). The file shall contain the size, type and location of each culvert, inlet, green infrastructure, BMP, outfall, and other features that comprise the drainage and stormwater system. Review and approval of the record drawings shall be a condition of issuance of any Certificate of Occupancy or Certificate of Approval.

The design of the stormwater runoff collection system for all residential and commercial construction shall conform to N.J.A.C. 5:21-7.3 except as follows:

Any underground drainage conveyance system outside a street or other public right-of-way shall be accompanied by a fifteen-foot-wide (minimum) drainage easement dedicated to the Township and conforming with the lines of such system. Sufficient width shall be provided so as to accommodate maintenance vehicle access.

No driveway shall be permitted to be used unless sufficient surfacing has been installed to prevent soil or dirt from being carried onto a public right-of-way. Driveways shall be limited to one per lot if the street frontage is less than 150 feet and two per lot if the same is greater than 150 feet.

That portion of a driveway which serves a residence or a farm which is located on the lot and within 20 feet of the street right-of-way line shall be straight and shall not deviate more than 30° from a right angle to the street center line (or if on a curve from a radial to the center line), nor shall it have a grade of more than 5%.

That portion of a driveway which serves other than a residence or a farm, which is located on the lot and within 30 feet of the street right-of-way, shall be straight and shall be at a right angle (or if on a curve, radial) to the street center line and shall not have a grade of less than one nor more than 5%.

All driveways shall be so located, designed, constructed and maintained as to ensure an unobstructed view of the entire street width for 200 feet in both directions from a point 2 1/2 feet above the driveway and 10 feet from the street line for farm or residential driveways and 20 feet from the same for nonresidential driveways.

Wherever a nonresidential driveway entrance may otherwise create a disruption in the flow of traffic or other safety hazard, appropriate acceleration and deceleration lanes may be required.

Curb cuts shall be installed only at driveways except where ramps are provided for the handicapped.

Driveways shall be designed to use lawn areas to disconnect impervious surfaces and to use permeable paving materials where appropriate.

A description of the development specifying what is to be done during construction and operation, how it is to be done, and practical alternate plans to achieve the objective(s) embodied in both the development and the township's master plan and natural resources inventory.

An inventory of the following on-site environmental conditions and an assessment of the probable impact of the development upon them: water supply; geology; aquifer recharge potential; soils and properties thereof, including capabilities and limitations; sewerage; topography; slope; drainage; vegetation; noise characteristics and levels; land use; aesthetics and history. Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey and soils shall be described with reference to soil conservation service categories and characteristics.

A list and the status of the licenses, permits and approvals needed from Federal, State, county, or public utility agencies including the conclusions and comments of these governmental agencies.

An evaluation of any adverse environmental impacts which cannot be avoided. Particular emphasis shall be placed upon air or water pollution, increase in noise, increase in sedimentation and siltation, increase in township services, and consequences to the township tax structure.

A description of steps to be taken to avoid or minimize adverse environmental impacts during construction and operation, including necessary maps, schedules and other explanatory data to clarify and explain these steps.

Fences or walls not exceeding 48 inches in height may be erected on any part of a lot between the front line and the front setback line for structures and on any other part of the lot may be erected to a height not to exceed 72 inches. The height of such walls or fences shall be determined by measurement from the ground level at the lowest grade level within three feet of either side of such walls or fences.

All fences, walls, or hedges must conform to the sight line requirements of section 17-105 (sight triangles) and section 17-83d (driveways).

Tennis Courts. See section 17-159b4(c).

Fire and Explosion Hazard. If in the judgment of the planning board a proposed structure, use, process, product, or material appears to involve a fire or explosion hazard, the planning board may require the applicant to supply:

Fire Service. Whenever streams or other water sources which exist or are proposed in or near a development may be useful for the purpose of fighting fires in or near the development, provisions shall be made to assure continual fire equipment access to such water sources. Standpipes shall be installed whenever appropriate.

The purposes are: (1) to continue the purposes of Chapter 12 and to implement methods of reducing flood losses as outlined in Chapter 12 as well as implementing the land use regulations of the New Jersey Department of Environmental Protection for floodways and flood fringe area; (2) to discourage construction and regrading in flood hazard areas; (3) to prevent encroachments into flood hazard areas which would obstruct or constrict the area through which flood water must pass, and; (4) to prevent pollution of watercourses during low or high water periods by preventing the placing or storing of unsanitary or dangerous substances in flood hazard areas.

The flood hazard area as shown on the township's flood insurance rate map and the flood hazard design elevation based on a 100-year storm frequency shall be shown on the plat including stream encroachment line data from the division of water resources. At the expense of the landowner, the precise location of the floodway and flood fringe area may be determined by field survey and be marked on the ground and on the plat. Where State or Federal agencies delineate by contours the flood hazard design elevation, the report shall be the delineated flood hazard area as if published in this chapter. If none of the above sources are available, the board may use any base flood elevation data available from Federal, State or other sources.

No improvement in a floodway shall be permitted unless it is a permitted use, plat approval has been granted by the planning board and, if required, by the county planning board, and all necessary permits have been obtained from those Federal and State governmental agencies from which approval is required.

No improvement in a flood fringe portion of the flood hazard area shall be permitted unless it is a permitted use, plat approval has been granted, and the requirements and procedures of Chapter 12 have been satisfied.

Permitted uses in a flood fringe area shall be as follows provided they are permitted uses in the district in which they are located.

The applicant shall submit maps, reports and other appropriate documents permitting the planning board to evaluate the following:

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 their responsibilities shall be in writing between the organization and each member in the form of a covenant with each agreeing to liability for his pro rata share of the organization's costs.

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

The organization shall be allowed to adjust the pro rata share 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 master deed shall state that every tenant and property owner shall have the right to use all common properties. 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 insure that control of the organization shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied. The legal instruments 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 committee 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. The 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 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. Such 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 the 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 this 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 such open space and property in reasonable condition, the township shall cease to maintain the open space and property at the end of the year. If the township committee shall determine such organization is not ready and able to maintain such open space and property in a reasonable condition, the township committee may, in its discretion, have the township continue to maintain the 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 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 the properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.

The landscaping plans for any lot occupied by other than a residence or farm shall be approved by the planning board.

On lots occupied by residential uses, that portion of the required front yard area not occupied by driveway or parking area shall be graded and covered with grass sod or other ground cover suitable for soil retention as well as such shrubbery or trees as may be desired by the owner.

For all lot occupancies other than single- or two-family residential or farm, landscaping in the form of grass or other ground cover, shrubs and trees shall be provided on all areas not occupied by buildings and improvements.

All landscaping shall be properly maintained through the life of any use on any lot.

A landscaped buffer shall be provided which will effectively screen all parking and loading areas which are used for industrial or commercial purposes from adjoining residences, and from adjoining vacant property located in a residential district (whether the adjoining property is located in the township or in another municipality), and from all streets. When the proposed location of the parking and loading areas is at the same elevation as the proposed buffer and the adjoining residence or property, the buffer shall be at least 25 feet wide, except that when the parking and loading areas are along a street, the landscaped area shall be at least 10 feet wide. All buffers along residential property lines shall be five feet high when planted, and buffers along streets shall be three feet high. The landscaping shall consist of evergreen trees with the lowest branches not more than one foot above the ground, planted in a zigzag pattern not more than six feet apart, on center. Existing evergreen trees may be utilized as appropriate. Deciduous trees and shrubs may also be provided. All buffers shall produce a screen at the time of planting which will eliminate the glare of vehicle headlights at all seasons of the year. If the location of the buffer and the area to be screened and the adjoining residence or property or street are not at the same elevation so the plantings would not provide an effective screen, the plantings shall be high enough to provide a screen equivalent to that provided above where all land is at the same elevation. No screening is necessary if the ground is high enough to conceal headlights completely between the area to be screened and the property line. Berms with trees, which are stabilized by grass or other plantings, may be used to reduce the required screening height, if the planning board determines that they are appropriate in a particular case. Buffers shall incorporate the use of native vegetation.

When a commercial or industrial structure (other than parking or loading areas) is on a lot which adjoins a residence or a vacant property located in a residential district (whether the adjoining property is located in the township or another municipality), and the elevations are such that the structure is or would be visible from the residential property line, landscaping shall be provided, along the property line, at least 25 feet wide. It shall consist of evergreen trees at least five feet high when planted with the lowest branches not more than one foot above the ground, planted in a zigzag pattern not more than six feet apart. Existing evergreen trees may be utilized as appropriate. Berms with trees, which are stabilized by grass or other plantings, or alternative locations and types of landscaping, may be provided if the planning board determines that the alternative would attain the same or better screening.

Plans for screening referred to above shall be prepared by a landscaper and submitted as part of a site plan, and shall show the specific location and types of all existing shrubs and trees in the buffer area and all proposed new ones, with the botanical name and the common name of each; the height and diameter of each at the time planted (or at the time of site plan submission, for existing ones) and the projected height and diameter two years later; the distance between the centers of all shrubs and trees; and the detailed timetable for planting.

Every effort shall be made to preserve existing trees. Construction shall not encroach upon the drip line of trees.

Street trees shall be of a type and size and in such location as shall be approved by the Board. Street trees shall be placed not more than 50 feet apart for large trees and 30 feet apart for small trees along streets in all developments and subdivisions five to 10 feet outside the street right-of way line and shall not interfere with overhead or underground utilities.

That portion of a residential development abutting an arterial or collector street shall either (a) be planted with nursery grown evergreens and/or deciduous trees along the full length of the development to a depth of not more than the twenty-five-foot buffer strip along the right-of-way (section 17-108g) so that in a reasonable period of time a buffer area will exist between the development and the highway, or (b) where topography permits, earthen berms may be created at a sufficient height to establish a buffer between the development and the highway. They shall be stabilized by ground cover to prevent soil erosion and shall be planted with evergreens and deciduous trees according to a landscaping plan so as to be designed to have no adverse effect on nearby properties. All trees shall be balled and burlapped 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.

Preservation of Existing Natural Resources. The subdivision or site plan shall preserve existing natural resources on the site, and shall preserve trees, stream corridors, hilltops, open spaces and views whenever possible.

Following is a list of approved native woody plants:

If planted berms are used, the minimum top width shall be four feet, and the maximum side slope shall be 3:1.

The grade of land located within six feet of a tree shall not be raised or lowered more than six inches unless compensated by welling or retaining methods herein described.

Tree wells are to be constructed around each tree or group of trees before any grades are increased. Wells are to be constructed of uncemented stone, block or any other suitable material. This well should be a minimum of three feet in diameter for four-inches or less caliper tree with the wall located 18 inches from the trunk with the construction starting on existing grade so as not to disturb roots with foundation construction. For trees of more than four-inch caliper, there should be added one foot to the diameter of the well for each inch caliper over four inches as measured 12 inches above natural ground level.

Retaining walls are to be constructed around each tree or group of trees immediately after the grade is lowered. This retaining wall is to be constructed of wood ties, or any other suitable material subject to approval by the Township Engineer.

Ground Covers. All planting beds must be covered and type of covering to be used noted on the landscape plan. Where mulches are used required depth of placement is two to four inches, maximum.

The following sizes of trees and shrubs are the permitted minimums except as otherwise approved by the approving board:

Tree protection during construction or installation of landscaping.

Plant Quality.

Planting.

Planting Guarantee Required.

Purpose. The governing body of Hopewell Township does herein find that regulation of site lighting in Hopewell Township is necessary to prevent negative impacts caused by misdirected or excessive illuminance, inappropriate or misaligned light fixtures (luminaires), glare, light trespass, and skyglow. Such regulation is necessary to encourage conservation of energy and to prevent destructive light pollution.

All site light fixtures installed and thereafter maintained, other than those serving one- or two-family dwellings, shall be full cut-off fixtures as defined by the IESNA (Illuminating Engineering Society of North America) with an uplight rating of U0 in accordance with the B-U-G (Backlight, Uplight, Glare) rating system defined in the current Model Lighting Ordinance (MLO) authored jointly by the IDA (International Dark-Sky Association) and IES. Full cut-off fixtures shall not have vertical swivel mounting capability. Exceptions will be considered for the following situations:

The use of mercury vapor lamps is prohibited.

Outdoor light fixtures for purposes of private usage shall not be attached or mounted from public property (i.e., public buildings, utility poles, street lights, road/street signs). Furthermore, these fixtures shall not tap or extend power from sources servicing public lighting and/or power devices.

Recreational Facilities. All recreational areas which require lighting shall comply with the standards set forth in § 17-101b.

Hopewell Township shall be considered Lighting Zone 1, in accordance with the IES/IDA MLO referenced by the Leadership in Energy and Environmental Design (LEED) and other sustainability programs, desiring low ambient lighting levels in a community of predominantly single-family housing and rural community town centers. The MLO shall complement and in no case supersede the requirements of this section.

Flashing or strobing of light installations is not permitted. Temporary seasonal lighting is excluded.

Luminaire design and placement shall be utilized to prevent light trespass along property lines. External shielding accessories to luminaires shall be used where it can be demonstrated that luminaire selection and placement alone could not prevent light trespass.

Site lighting installations shall further meet the specifications below:

For commercial, industrial and institutional applications, interior lighting shall be controlled automatically to turn off by 10:00 p.m. unless the building is occupied. Interior luminaires used for emergency illumination are excluded. Minimal security night lighting shall be allowed to remain on; emergency lighting is encouraged to be controlled by occupancy sensors. Interior ceilings and vertical surfaces within view from exterior of building shall not be illuminated at night. This provision is designed to minimize nuisance glare on neighboring residential properties and enhance energy conservation. Acceptable exemptions are:

The principle of minimum necessary illuminance shall guide the design, installation, and maintenance of all outdoor lighting.

Street Lighting. Roadway lighting shall occur at intersections, roadways with designated bikeways, in developments with average densities of two units per acre or greater, and dangerous areas as may be determined by the Township Committee, Planning Board, or Zoning Board of Adjustment. All street lighting shall be photocell controlled, use house-side shielding when adjacent to dwelling units, and utilize shielding or refractive lenses to mitigate direct source glare.

Outdoor Parking Facilities. All parking lot luminaires shall be full cutoff light fixtures with 2700 Kelvin color temperature or lower. Parking facility illumination shall comply with the following specifications:

All outdoor lighting, other than that serving single-, two- and multi-family dwellings, shall be turned off through the use of automatic control devices during nonoperating hours or by 10:00 p.m., except where it can be demonstrated that safety or security purposes require illumination. The following are acceptable exemptions from this requirement:

Minimal required levels of illumination are to be used in all applications. All lighting shall be designed, selected and installed both to prevent negative impacts caused by misdirected or excessive light and to conserve energy.

The use of LED luminaires is encouraged. Luminaires shall contain integral lamp life sensing controls or have maintenance protocols that require LED module replacement when LED drivers are replaced. Luminaire maintenance protocols shall assure luminaires are maintained to be compliant with this article. The use of incandescent and halogen lamps is discouraged.

Dimming controls for outdoor lighting is encouraged. High-end trim settings shall be utilized to assure minimum necessary illumination and resolve compliance discrepancies upon Township inspection.

Evidence of compliance shall include all of the following:

Once properly installed, fixtures are to be aimed, permanently affixed, and maintained in the approved position. All glare shield and cutoff devices shall be maintained.

The Township may conduct post-installation inspections of lighting fixtures in order to ensure compliance with ordinance requirements and intents. Corrective action may be required for any installation that does not meet ordinance criteria or which causes unacceptable levels of light trespass, glare or contributions to sky glow.

The Township may recommend changes in the field that would correct problem situations, such as re-aiming floodlights, adding appropriate shielding, decreasing lamp wattage or replacing equipment.

Searchlights or flashing or animated signs are prohibited other than as approved by the Township Committee.

Temporary seasonal lighting shall be excluded.

Lot dimensions and area shall not be less than the requirements of the zoning ordinance.

Insofar as is practical, side lot lines shall be at right angles to straight streets, and radial to curved streets.

Each new lot must front upon an approved and accepted public street at least 50 feet in width except lots fronting on streets described in section 17-108e. A double frontage lot shall have access only to the street with the lower street classification.

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

Each lot shall be graded in a manner to insure that all surface water is redirected away from buildings and septic fields. Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions, exceptional topography, or other comparable physical circumstances, or if development of such lot or lots will adversely affect the health, safety, morals or welfare of the citizens of Hopewell Township, the planning board may, after adequate investigation, withhold approval of such lots. Wherever possible, the sideline of a lot shall be located opposite any T-street intersection.

Each subdivision shall have access from a road which is within the township, without having to use a road which is within another municipality.

Flag lots may be permitted in residential zones only so long as variance relief from the bulk standards of the ordinance are requested and granted in order to accommodate unique site conditions. The first priority in designing developments shall be to provide lots with the required minimum lot width and lot frontage. If flag lots are proposed, the following minimum standards shall apply:

Lots shall be designed to implement "low impact development" techniques for stormwater management.

Purpose. The purposes of this section are to assure a variety of opportunities to provide lower income housing without undue densities of development in any one area, yet have sites related to foreseeable utility services and highway access, as well as site specific advantages of jobs, open space or other services to a particular site. These provisions are geared toward providing for the township's fair share of lower income units. It is intended that all future developments of lands in the specified districts will be responsible for some portion of the lower income housing obligation. No less than 20% of the units proposed in a project, in these required districts shall be lower income housing.

Required Participation.

Monitoring Costs of Lower Income Housing.

Bulk and Design Requirements. The total number of units of any kind allowed in a housing development containing lower income housing units will depend on the gross density as noted in paragraph e below. The design of housing within that portion of the tract devoted to housing shall be as follows:

Maximum Gross Density and Density Bonuses. In order to achieve the development of lower income housing, density bonuses are provided in those districts designated with the suffix "G." Said bonus densities shall be applicable for the sole purpose of providing opportunities to construct, rehabilitate or otherwise provide for lower income housing. The base density in a given district has had additional density added so as to bring the density in each district up to the maximum number of dwelling units/acre of all types as noted below:

Design Density. (The density of units on that portion of the tract devoted to the housing type noted. The maximum "gross density" for the entire tract shall be as set forth in paragraph e above.)

Certificate of Occupancy. (See paragraph c above.)

Waivers for Lower Income Housing. The approving authority, when acting upon an application which includes provisions for lower income housing, may waive those portions of the following standards if they do not create health and safety concerns for either the township or the future residents of a development, and provided the waiver(s) reduce construction costs, the savings therefrom to be passed on to buyers and renters of the lower income housing in the form of reduced housing costs, otherwise the standard requirements for the following shall apply.

Developments shall provide for safe and efficient vehicular and pedestrian circulation, parking and loading, and shall meet the following specific standards and requirements. No required parking facilities, loading areas or passageways shall be located within the required front, side or rear setback lines of any lot located within a residential district, except as otherwise provided by this chapter.

Parking facilities, loading areas or passageways in industrial or commercial districts may be located within any of the required yard areas, provided that none of the same are within 25 feet of the street line nor within five feet of adjacent property lines. In the event that any subject property abuts a residential district, no such parking facilities, loading areas, or passageways shall be located within 25 feet of the district boundary and sufficient landscape screening, as described in section 17-89 shall be installed to preclude the transmission of headlight glare across such district boundary.

No loading area or service facility for the handling of freight may face any street frontage nor be located on the side of the subject property which abuts a residential district, without an approved landscape or topographical buffer.

Off-street parking spaces shall be either nine or 10 feet wide,¹ except spaces serving retail uses shall be a minimum of 10 feet wide. Parking spaces shall be a minimum of 20 feet in length¹ in accordance with the following schedule. In parking lots containing more than 10 spaces, a minimum of one space shall be a minimum of 12 feet wide; and for parking lots with more than 50 spaces, 1% of all spaces, but not less than two spaces nor more than 10 spaces, shall be 12 feet wide. These wider spaces shall be located in areas conveniently related to major entrances and designated as parking for the handicapped. They shall be located so that access does not require wheeling or walking behind parked cars.

Off-street loading spaces shall have 15 feet of vertical clearance and be designed in accordance with the following schedule:

All parking facilities and all loading areas which either singly, or in combination, provide for more than six parking or loading spaces shall be so located and screened that they cannot be seen from any location within a residential district other than the lot upon which such facilities are situate and all loading areas shall be considered as one unless separated by more than 100 feet.

All parking facilities and loading areas, which, either singly or in combination, contain more than 9,000 square feet shall have curbed, landscaped islands located within the perimeters of the surfaced area except as waived in lower income housing developments as permitted in section 17-92. Where stormwater management strategies requiring the provision of other equivalent methods of controlling drainage and defining the edge of paving, protecting the edge of paving from chipping, and preventing vehicles from encroaching on parking/loading areas can be demonstrated to the satisfaction of the planning board with the advice of its engineer, curbing may be waived in whole or in part.

Except as may be waived and modified in lower income housing developments under section 17-92, off-street parking areas containing 10 or more spaces and all off-street loading areas shall have concrete or Belgium block curbing around the perimeter of the parking and loading areas and along major interior driveways, with appropriate ramps for wheelchairs and bicycles. Where stormwater management strategies require the provision of other equivalent methods of controlling drainage and defining the edge of paving, protecting the edge of paving from chipping, and preventing vehicles from encroaching on nonparking/loading areas can be demonstrated to the satisfaction of the planning board with the advice of its engineer, curbing may be waived in whole or in part. Concrete wheel blocks shall be installed where necessary to protect adjoining walls, trees, shrubs, sidewalks and other facilities.

Appropriate areas for pick-up of trash and garbage shall be provided, separate from and in addition to loading areas. If outside a building, suitable enclosed containers shall be provided which shall be screened at all times from view from parking areas, streets and adjacent resident areas or uses.

Minimum Off-Street Parking and Loading Requirements. The minimum number of off-street parking spaces including required spaces for the handicapped, and the minimum number of off-street loading spaces depends on the particular use of the parcel.

The following minimum requirements shall be met: in the case of uses not listed, the amount of parking and loading spaces shall be determined by the planning board on the basis of similar uses and the anticipated actual requirements for the particular use. Sufficient off-street parking facilities shall be provided to preclude on-street parking of any vehicles of employees or customers or visitors of any nonresidential structure, and to preclude on-street parking of any vehicles of residents of residential buildings.

Where either a proposed building or the proposed use of a tract consists of more than one use, each use with different parking requirements, or where the building design is such that it could be converted to a use requiring a higher parking ratio, the site plan shall either: (a) show an off-street parking design with a sufficient number of parking spaces to accommodate the use requiring the most number of spaces; or (b) include as a deed restriction a requirement that either the owner-occupied or tenant-occupied space, together with the type uses and the proportion of uses within either a building or on the lot, shall not change from the uses and layout approved on the site plan unless a revised site plan is submitted and approved (see also section 17-15 regarding certificates of occupancy). Where the developer proposes to construct less parking than would be required for the use requiring the most parking spaces, the plan shall show where any additional spaces can be located in the event additional parking is needed. In the event the use changes and additional parking is required, or observation by the township engineer reveals additional parking is required, the township may require the owner to construct some or all of the additional parking in accordance with the approved plan. The plan and the deed to the property shall indicate that the township may require the expanded parking under either of these circumstances.

Drainage. All parking and loading areas shall have drainage facilities installed in accordance with good engineering practice and in accordance with the "drainage" provisions of section 17-82. The design of all drainage for parking facilities shall address water quality, flooding and groundwater recharge and shall incorporate the use of nonstructural stormwater management strategies to the maximum extent practicable. All parking and loading areas shall be designed to minimize impervious surfaces by use of permeable materials where appropriate, and use of multi-level parking where appropriate. Where sub-base conditions are wet, springy, or of such nature that surfacing would be inadvisable without first treating the sub-base, these areas shall be excavated to a depth of at least 12 inches below the proposed sub-grade and filled with a suitable sub-base material. Where required, a system of porous concrete pipe, sub-surface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the sub-base material has been properly placed and compacted, the parking area surfacing material shall be applied.

All required driveways, passageways, off-street parking facilities and loading areas shall be located on the same lot as the structure or use which they are designed to serve and shall be readily accessible thereto. Except as otherwise provided by this chapter, where more than one use exists on the same lot, the total passageways, parking facilities, loading areas and the capacity of the driveways shall be the sum of the requirements for each individual use.

All driveways, passageways, off-street parking facilities and loading areas shall be so designed, constructed and maintained as to permit free access and allow vehicles to enter, to leave and to turn within such places in a safe and orderly manner and without disrupting or causing hazard to the flow of traffic in any public right-of-way. No such driveway, passageways, off-street parking facilities or loading areas shall be encroached upon, reduced in any manner, or devoted to any other use.

In any case where special conditions exist respecting the proposed use of a particular lot or contiguous lots, the immediate development of all driveways, passageways, parking facilities and loading zones will not be required if the applicant demonstrates:

In general, except for lots containing one-family houses, all driveways, parking and loading areas and other off-street traffic facilities shall be paved. Areas likely to experience relatively heavy use shall be paved with at least four inches of compacted base course of plant-mixed bituminous stabilized base course constructed in layers not more than two inches compacted thickness, or equivalent, and a minimum two-inch thick compacted wearing surface of bituminous concrete (FABC), or equivalent. All construction shall comply with the Standard Specifications of the New Jersey Department of Transportation.

Improvements to be Constructed at the Sole Expense of the Developer. In cases where the reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application and where no other property owners receive a benefit thereby, the applicant may be required, as a condition of approval, at the applicant's sole expense, to provide for and construct such improvements as if such were an on-tract improvement in the manner provided hereafter and otherwise provided by law, including performance and maintenance guarantees.

Other Improvements. In cases where the need for any off-tract improvement is necessitated by the proposed development application and where it is determined that properties outside of the development will also benefit by the improvement, then the applicant shall pay his proportionate or pro rata share of the costs of such improvements. The planning board shall be guided by the following factors in determining such share:

Performance Guarantee and Developers Agreement. In instances where the developer is to construct improvements set forth under paragraphs a and b above, the developer shall post with the township a performance guarantee in an amount equal to 120% of the estimated cost of the improvement and enter into a developer's agreement with the township committee concerning said improvements.

Cash Payment. Instances where the township is to construct said improvements set forth under paragraphs a and b above, the developer shall post cash as calculated under paragraphs a and b above, with the township prior to signature of final plans.

Where a developer pays the amount determined as his pro rata share under protest, he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to fairness and reasonableness of such amount.

Electricity. Electronic equipment shall not interfere with any radio or television reception beyond the operator's property.

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, flashes, or reflection will not interfere with the normal use of nearby properties, dwelling units and streets. Also see section entitled "Lighting", section 17-90.

Air, Water and Environmental Pollution. No use shall emit heat, odor, smoke, radiation, vibrations, noise, or any other pollutant into the ground, water, or air that exceeds the most stringent, applicable State and Federal regulation. No building permit, zoning permit or certificate of occupancy shall be issued for any use where a State permit is required until the State has ascertained and approved the level of emission, quality of emission, type and quality of emission control, and level of monitoring to be conducted by the State, and such other State regulations governing the emission of pollutants into the ground, water, or air.

Storage and Waste Disposal. Except for agricultural operations, 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, surface water, evaporation or wind. All materials or wastes which might create a pollutant, be a safety hazard, or be a health hazard shall be stored indoors and/or be in closed containers to eliminate such pollutant or hazard. No flammable or explosive substance shall be stored on a property except under conditions approved by the construction official.

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

Proposals for maintenance and conservation of any common open space shall be provided and, if proposed to be handled by a private agency, shall be established in accordance with the "homeowners' association" provisions of section 17-88. 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 in relation to public facilities and services, safe and convenient vehicular and pedestrian traffic circulation, the amenities of light and air, recreation and open space uses, and an overall design sensitive to contours, wetlands, flood hazard areas, and similar natural features shall be prepared so as to comply with appropriate portions of this chapter and the master plan. Any planned development shall be designed to address water quality, flooding and groundwater recharge and shall incorporate the use of nonstructural stormwater management strategies to the maximum extent practicable.

The development will not have an unreasonably adverse effect, as defined herein, upon that portion of the township in which it is proposed to be located.

In the case of a proposed development which contemplates construction over a period of years, the terms and conditions of approval shall be sufficient to protect the interests of the general public, including the residents, occupants, and owners of the proposed development.

Designation of Public Areas. The subdivisions or site plan shall show the size, shape and location for all public streets, drainage ways, flood control basins and other public areas on the site which are provided for on the master plan or official map, if any.

If the master plan or the official map, if any, provides for the reservation of designated streets, public drainage ways, flood control basins, or public areas within a proposed development, the planning board may reserve the location and extent of such streets, ways, basins or areas shown on a proposed subdivision or site plan for a period of one year after the approval of the final plat or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the township shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to streets and roads, flood control basins or public drainage ways necessitated by the subdivision or land development and required for final approval.

The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation; provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering, or other professional services incurred in connection with obtaining subdivision approval or site plan approval, as the case may be, caused by the reservation.

In order to provide for the general welfare as new residential developments are proposed, any property, before subdivision, which has the capacity to produce 20 or more new detached single family and/or two-family dwelling units, or 40 or more apartment, townhouse, or other types of multi-family dwelling units, shall make provision for a dedication of land and improvements for recreation facilities. It is the purpose of this section to recognize that the need for recreation activities is a direct result of the impact created by each new residential development requiring an area of land in a manner similar to the need for streets, storm water control, utility services, minimum lot sizes and setbacks, and other design and improvement standards required to serve the public health, safety and welfare.

Recreation Improvements. The following shall be minimum standards for meeting the recreational requirements of the township. The primary goal is to develop the recreation areas on-site, but alternative sites, alternative sized recreation tracts and/or types of facilities, and/or such other reasonable alternatives to meet the recreational requirements may be offered to the approving authority by the developer and accepted by the township consistent with the objectives of this section.

All 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. Storage areas and trash facilities shall be enclosed on all sides.

All gas station pumps, air pumps, and the islands upon which pumps are normally located shall be set back from the street line at least 40 feet and from any property line at least 50 feet. A minimum space of 25 feet shall exist between any two islands and between any island and the service station building. Pole mounted lighting fixtures shall be full cutoff. Lighting fixtures under the canopy, if any, shall be full cutoff also.

No junked motor vehicle or part thereof and no unregistered motor vehicle with a registration expired for a period of more than three months shall be permitted outside an enclosed service station building. Other than employee's vehicles, no more than six motor vehicles may be located outside a service station building for a period not to exceed five days provided the owners are awaiting the repair of such motor vehicles. Concerning illumination within the service station, the station shall average maintained horizontal illumination at service pump areas that do not exceed 5 fc at grade. Average maintained horizontal illumination at entrances and perimeter areas shall not exceed 1.5 fc at grade.

It is intended that service stations be designed compatibly with other permitted commercial or industrial uses in the zone in which they are located. Ingress and egress shall be designed to recognize the turning movements generated. These access points shall be coordinated with the access points required for nearby uses, frequency of intersecting side streets, minimizing left turns off collector and arterial streets, and maintaining building setbacks compatible with the required setbacks and landscaping.

Service stations shall be designed to address water quality, flooding and groundwater recharge and shall incorporate the use of nonstructural stormwater management strategies to the maximum extent practicable.

Areas Served by a Sanitary Sewerage System. Subject to the provisions of paragraph d below, when the planning board determines that an area is or could be served by an existing sanitary sewerage system, the developer shall install a satisfactory system for the collection of sanitary sewage. The developer shall convey to the Township of Hopewell title to or easements across all lands necessary to ensure the operation and maintenance of the collection system. The system shall comply with all applicable requirements of the Township of Hopewell and the State of New Jersey. Title to the system shall be conveyed and dedicated to the township under the terms of all applicable permits.

Areas Likely to Be Served by a Sanitary Sewer in the Future. Subject to the provisions of paragraph d below, when the planning board determines that a major subdivision is located in an area which is not served by an existing sanitary sewerage system, but may be served, then the planning board may require that a dry line system for the collection of sanitary sewage be installed. All requirements of paragraph a shall be complied with.

When No Sanitary Sewers are Available.

Sewer Connections. No person shall be permitted to connect to any public sewer system except through and with the approval of the Hopewell Township Committee, provided such Hopewell Township Committee approval is required or permitted pursuant to applicable law, regulations, rules or water quality management plan for the connection, extension or addition to or of a public sewer system, which approval must be received through the affirmative vote of not less than two-thirds of the full membership thereof.

General. Every sign erected shall conform to the requirements of this chapter. A sign is a structure and subject to a permit and all other regulations provided in the construction code and in all township ordinances.

Any existing signs which do not conform to this chapter may be continued provided they complied with the requirements of the township at the time of their erection. No sign shall be altered, rebuilt, enlarged, or relocated, unless it is changed to conform with this chapter.

Exempt Signs. The following are exempt from the requirements of this chapter:

Prohibited Signs. All signs not provided for in this chapter are prohibited. As a guide, and not by way of limitation, the following signs are prohibited:

General Regulations Pertaining to Permanent Signs.

Regulations Pertaining to Temporary Signs.

Permitted Types of Permanent Signs.

Top Soil Protection. No top soil shall be removed from the site or used as spoil. Top soil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas and shall be stabilized by seeding or planting. Ground cover must be planted on all areas in the first planting season after disturbance. Silt traps may be used.

Soil Erosion and Sediment Control. In addition to the specific provisions set forth in sections 17-82 and 17-107a, all provisions of Chapter 12 shall be complied with.

Emergency Access and Stub Streets. All streets shall be of sufficient width and suitable grade and suitably located to accommodate prospective traffic and to provide access for firefighting equipment and emergency equipment to buildings. The arrangement of streets shall constitute a convenient circulation system for the proposed development, shall provide for suitable access to adjoining undeveloped property, shall provide stub streets constructed up to the adjoining property line with a temporary turnaround, shall be consistent with appropriate traffic circulation when there is full development of all property near the proposed development, and shall conform to the official map, if any, and the circulation plan of the master plan. Where stub streets are approved, a notice shall be provided to all lot owners fronting on said stub street by appropriate deed restriction. All temporary turnaround areas shall be created by easement.

The arrangement of all streets shall provide for the appropriate extension of existing streets and for future connection to adjoining undeveloped properties. When a development adjoins land capable of being developed or subdivided further, suitable provisions shall be made for optimum access from the adjoining tract to existing or proposed streets.

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

Developments abutting arterial streets shall provide a marginal service road or reverse frontage with a buffer strip for planting or some other means of separation of through and local traffic as the planning board may determine appropriate.

The right-of-way width shall be measured from lot line to lot line and shall be not less than the following:

Developments that adjoin or include existing streets that do not conform to widths as shown on the master plan or official map, if any, or the street width requirements of this chapter shall either be widened by dedication along one or both sides, as is most appropriate in the opinion of the planning board, or additional land along both sides of such street sufficient to conform to the right-of-way requirements shall be anticipated in the subdivision design by creating oversized lots to accommodate the widening at some future date. If the development abuts one side of such a road, one-half or the deficient amount of right-of-way shall be dedicated and the roadway improved to township standards, except in such cases as the planning board determines that the acquisition of the additional width on the opposite side of the street is unfeasible, unlikely, or undesirable because of location of existing buildings, tree growth, topographic conditions or other similar consideration. In such cases, the full amount of deficient right-of-way shall be dedicated.

Where the development abuts both sides of an existing street, the entire street shall be improved to the Township of Hopewell specifications. Where the development abuts one side of an existing street, one-half of the street shall be improved to the extent deemed necessary by the planning board.

In order to reduce the number of driveways intersecting arterial and collector streets, all residential driveways shall, wherever possible, intersect minor streets. Abutting lots may be required to use abutting driveways with one curb cut. Except in the MRC district, all residential lots requiring reverse frontage shall have an additional 25 feet of depth to allow for the establishment of the buffers outlined in section 17-89j.

Permanent Cul-de-Sacs. Permanent cul-de-sacs shall not be permitted unless granted as a design waiver as an exception for good cause shown where there is no other circulation alternative. The maximum length of a permitted cul-de-sac shall be the shorter of either 500 feet or the length necessary to serve no more than five conforming single family lots in the district in which it is located, or no more than 12 multi-family dwelling units in a district where multifamily units are permitted.

If the cul-de-sac is of a temporary nature, because of provision for future street extension, provision shall be made for reversion of the excess right-of-way to the adjoining property owners by notation on the final plat.

Intersections shall be as nearly at right angles as possible and in no case be less than 60°. The minimum sight distance within the right-of-way of a minor or collector street approaching an intersection is 240 feet ± five feet for each 2% of street gradient measured from the centerline of the intersecting street along the centerline of the intersected street. The minimum sight distance of a primary or arterial street approaching an intersection is 520 feet ± 12 feet for each 2% of street gradient measured from the centerline of the intersecting street along the centerline of the intersected street.

Horizontal alignment of streets shall be such that the minimum radius of curvature for minor or collector streets is 225 feet and 700 feet for primary streets. Reverse curves shall be joined by a tangent of not less than 100 feet for collector streets or of less than 500 feet for primary or arterial streets.

Vertical alignment of streets shall be such that the minimum gradient is not less than 0.75% and the maximum gradient is 6%; however, the maximum gradient restriction may be waived by the township engineer in certain situations where a 6% gradient is impractical. All changes in gradients shall be accomplished gradually by means of a vertical, parabolic curve. The minimum length of vertical curve for minor and collector streets shall be 50 feet up to a 4% algebraic difference of street gradient; for algebraic gradient differences between 4% and 8% it shall be 50 feet plus 50 feet for each 1% difference, above 8% it shall be 250 feet plus 50 feet for each 2% difference. The minimum length of vertical curve for primary and arterial streets shall be 100 feet for algebraic street gradient differences up to 2%; for algebraic street differences between 2% and 10% it shall be 100 feet plus 100 feet for each 1% difference; above 10% it shall be 900 feet plus 100 feet for each 2% difference.

No street name shall duplicate or nearly duplicate the name of any existing street in the Township of Hopewell. If a street is a continuation or extension of an existing street, the name shall be used. All street names are subject to approval by the planning board.

All lots abutting only arterial or collector streets shall be provided with a suitable driveway area to provide a turn around within the lot.

All driveways shall be paved 20 feet from the cartway with concrete or bituminous concrete. Where sidewalks are installed the paved portion of the driveway shall be from the street curb line to the sidewalk; this pavement shall be Class B (4500 psi) concrete.

Streets, Construction Details.

General Provisions Applicable to All Uses.

Single Family.

Townhouses. Hot tubs may be located within a townhouse. Hot tubs may be located outside a townhouse as an accessory use provided the hot tub is located within a walled patio by a wall that is not less than 3 1/2 feet in height and the elevation of the water surface is at least two feet lower than the lowest elevation of the wall, and provided further that the area of the patio covered by the hot tub and any accompanying framing, deck, pump, filtering system and related structures and equipment do not exceed 40% of the walled patio area.

Adoption by Reference. In order to mitigate and reduce traffic volume associated with land development in the Township of Hopewell, the Planning Board may consider in the review of applications for development the efforts of the applicant to comply with the Federal Clean Air Act Amendments of 1990 (CAAA) (42 U.S.C.S. 7401); the New Jersey Employer Trip Reduction Program (ETRP) (N.J.A.C. 16:50-1, et seq.) and the New Jersey Traffic Congestion and Air Pollution Control Act (N.J.S.A. 27:26A-1, et seq.), including any regulation promulgated under either of these Federal and State Statutes.

An adequate water supply for the residents and occupants of the site shall be provided. If a public water supply is available, water mains shall be connected to the existing mains, if the Hopewell Township Municipal Utility Authority approves, and the developer shall contribute the entire cost of any necessary new wells, additional storage facilities, extension of water mains and increased size of water mains, except as provided in section 17-96 with respect to off-tract improvements.

If a public water supply is not available, or if in the judgment of the planning board it is not economically feasible to extend public water lines to the site, the planning board shall determine whether individual wells are appropriate, or whether a central water system should be installed, subject to the approval by the Hopewell Township Municipal Utilities Authority of the arrangements for transferring ownership of the system to the municipal utilities authority. In addition, compliance with section 16-6 of the Revised General Ordinances shall be required.

Whenever a public water supply or central water system is installed or expanded, the developer shall include fire hydrants, with approved coupling devices, sufficient for firefighting purposes.

Purposes. The purposes of the stream corridor protection provisions are to:

Applicability. The stream corridor provisions apply to any land containing any portion of a stream corridor as defined in Chapter 17, Article X, Section 17-181.

Activities Permitted in Stream Corridors. Stream corridors shall remain in their natural state and shall not be developed or disturbed, except for the following activities:

Stream Corridor Averaging. An applicant may undertake stream corridor averaging, as defined in Chapter 17, Article X, Section 17-181. Stream corridor averaging shall only be permitted along the perimeter of retention basins. Stream corridor width may be reduced to a minimum of 25 feet for buildings or other structures or zero feet for dams, pedestrian walkways, walls, and any associated landscaped areas along the perimeter of a retention basin, provided, however, that the total length of stream corridor reduction is not greater than 40% of the length of the perimeter of the retention basin. For every stream corridor reduced in area along a retention basin, there shall be an equivalent increase in stream corridor width provided elsewhere along the perimeter of the retention basin.

Prohibited Activities. All activities not specifically permitted by the provisions of paragraph c above are prohibited. The following activities are prohibited unless a design waiver is obtained:

The following standards shall apply to all new development on lots (existing or proposed) with slopes in excess of 15%:

All public sanitary sewer collection systems to be constructed that will be owned and under the jurisdiction of the Township of Hopewell shall conform to the standard construction specifications and details established in § 19-1.7.