Clear Sight Distance. In any district on any corner lot, no fence, wall, or other structure or continuous planting shall be erected or maintained at a height exceeding three feet above road grade at the gutter line for a distance of 30 from the intersection of curblines or edge of pavement in the absence of such curbs.

Finished Side. All permitted fences shall be situated on a lot in such a manner that the finished or non-structural side shall face abutting properties.

Prohibited Materials. No fence or wall shall be erected of barbed wire, topped with metal spikes, broken bottles and glass, nor constructed of any material or in any manner which may be dangerous to persons or animals.

Location of Fencing. Fences and walls may be placed with the outer face located on the property line.

Stormwater Flow. Fences and walls shall be erected to avoid damming or diverting the natural flow of water and shall be integrated into a grading plan, where appropriate, that provides for the adequate flow of storm water.

On any lot in any district, no wall or fence shall be erected or altered so that said wall or fence shall be over three feet in height in front yard areas and six feet in height in side and rear yard areas except:

A private residential swimming pool area shall be surrounded by a fence at least four feet, but no more than six feet, in height, with no opening that permits the passage of a four inch sphere. Any passage through the fence shall be equipped with a self-closing, self-latching gate.

Height. Fences shall be limited to six feet in height except that they may be increased to eight feet when adjacent to another non-residential use. Walls shall be limited to six feet in height.

Landscape Plan. Fencing and walls for all uses requiring site plan approval shall be considered within the overall context of a landscape plan that considers the function and aesthetic quality of the fencing or wall.

Vehicle Overhang. Where sidewalks occur in parking areas, parked vehicles shall not overhang or extend over the sidewalk unless an additional two feet in width is provided in order to accommodate such overhang. Parking areas or driveways shall be designed with sufficient depth such that no vehicle overhang shall occur over the streetline by passenger vehicles.

Parking areas shall not be an extension of any street right-of-way.

Parking areas shall not exceed a 10% slope.

Tree Retention. Parking facilities shall be designed to minimize the removal of any tree eight inches in caliper or larger.

Markings and Signage. All off-street parking lots shall have adequate pavement markings and signage to indicate traffic flow and parking spaces subject to the Board of Jurisdiction.

Landscaping. Landscaping shall be required pursuant to § 510.

Business or service establishments occupying a lot of 15,000 square feet or larger shall provide off-street loading and unloading space on the premises.

Each off-street loading area shall be a minimum of 12 feet by 35 feet.

The loading area shall be so arranged to avoid impairment to the circulation system of parking spaces, parking aisles, points of ingress and egress, and streets.

All-Weather Surface. All driveways and off-street parking spaces shall be surfaced with a bituminous concrete or portland cement concrete so as to provide an all-weather surface, drained, and dust free in accordance with the street specifications of the Subdivision Ordinance of the City of Lambertville. For parking lots of 10 spaces or less serving non-retail sales uses, the approving authority may approve parking utilizing alternative porous materials.

Curbing. All off-street parking lots, traffic islands, and other traffic channelization devices shall be curbed with portland cement concrete or Belgian Block with a minimum reveal of six inches or as directed by the City Engineer. A full length depressed curb shall be installed along the gutterline of all non-residential driveways at their intersection with a public cartway. Such depressed curb shall have a minimum reveal of 1 1/2 inches or as directed by the City Engineer.

The following areas are exempt from this section:

The City, however, encourages the protection and promotion of appropriate native vegetation in these areas to the maximum extent practicable.

All land areas not covered with buildings, parking, or other impervious surfaces shall be landscaped with suitable materials. Landscaping shall consist of trees, shrubs, ground cover, perennials, and annuals singly or in common as well as inanimate materials such as rocks, water, sculpture, art, walls, fences, and paving materials.

A landscape design shall be provided as part of site plan and subdivision submissions. Every applicant for subdivision or site plan approval shall comply with the minimum standards as set forth in this section.

The Board of Jurisdiction may require additional landscaping to create an appropriate landscaping scheme for the site given the nature of the site and the proposed development.

Where subdivisions only are applied for, the minimum standards shall apply to street trees, foundation plantings, and to common open space and areas proposed to be dedicated to the public.

All landscape plants shall be typical in size and weight for their species and shall conform to the standards of the American Association of Nurserymen for quality and installation.

Plants with pervasive root systems shall not be located where they may cause damage to drainage pipes or other underground utilities and storm water management facilities and should generally be no closer than six feet measured horizontally.

All plants shall be tolerant of specific site conditions. The use of indigenous species is strongly encouraged. Exotic, nonnative plant species are strongly discouraged.

The City shall require a minimum coverage of appropriate native vegetation in all newly landscaped areas, as set forth in § Z-510.1, Applicability, of this section. However, at no time shall the minimum coverage of appropriate native vegetation be less than 75%.

The City declares that invasive species are a public nuisance that degrade landscaped and natural areas. The City shall prohibit the planting on all public and private properties of any plant species identified as invasive by the New Jersey Department of Environmental Protection, or identified as "widespread" or "emerging," or are on the "Do Not Plant List" published by the NJ Invasive Species Strike Team.

For any action requiring regulatory approval by the Planning Board, the City may include a requirement that the owner of the property remove any invasive species that the City deems to be a public nuisance.

Landscaping shall be conceived holistically and be designed to achieve a thorough integration of the various elements of site design, including building and parking placement, the natural features of the site and the preservation of pleasing or aesthetic views. Landscaping shall be used to accent and complement the form and type of building proposed.

In the landscape design of sites, areas shall be designated for retaining existing trees and the replacement of trees cleared from the site.

Landscaping shall be located to provide effective climatic control. The east and west walls of a building should be the most heavily vegetated to shade for summer sun and the north to northwest area for winter prevailing winds. The southerly facing side of a building should be shaded from summer sun but open for solar gain during the winter.

Plant's susceptibility to disease, their colors, textures, shapes, blossoms, and foliage characteristics shall be considered in the overall design of a landscape plan.

Local soil conditions and water availability shall be considered in the choice of landscaping.

In the design process, the eventual maturity of the plant shall be considered for its effect on circulation patterns, solar access, site lighting, drainage, emergency access and relationship to buildings and the streetscape.

Location.

Spacing.

Street Tree Type. All street trees shall be large deciduous trees except directly under utility wires. Tree species selection shall be approved by the Board in consultation with the Shade Tree Commission, as required by Chapter 3, Article IV, § 3-16 of the City Code and in accordance with the most current recommended tree list as specified by the Shade Tree Commission. Alternate selections may be approved at the discretion of the Board in consultation with the Shade Tree Commission.

Planting Specifications. Street trees shall be substantially uniform in size and shape, and have straight trunks. Trees shall be properly planted and staked in accordance with standards promulgated by the American Association of Nurserymen. Provision shall be made by the developer for regular watering and maintenance until trees are established. Trees are to be guaranteed for two years after the date of planting; dead or dying trees shall be replaced by the developer during the next suitable planting season. If a tree is replaced, the replacement tree is to be guaranteed for two years after the date of planting. The developer is released from this guarantee only after a tree has survived for two consecutive years.

General requirements.

The minimum width of a landscape buffer shall be dependent on the proposed use of a property and the land uses adjacent to it in accordance with Table 5.5.

Required buffer widths may be reduced by five feet in width if an opaque fence or wall is used in conjunction with plantings and is sufficiently high to visually obstruct the view of persons at ground level. See § Z-507 for fence and wall regulations.

The minimum width of landscape islands shall be eight feet on the side of parking spaces and 10 feet between parking bays. If sidewalks are incorporated through the long axis of the landscape islands, their width shall be added to these requirements. Where the parking lot design will result in pedestrians cutting perpendicularly through landscape islands, sidewalks shall be installed at regular intervals through its short axis.

Landscape islands within parking lots shall be planted with a combination of deciduous trees, evergreen and deciduous shrubs, and ground cover at the rate of six large or medium trees, four small or ornamental trees and 60 shrubs per 100 lineal feet along the long axis of the island.

Parking and loading areas shall be screened by a combination of hedges, fences and/or walls. The minimum screening height at planting shall be 2 1/2 feet and shall have a height of at least four feet within three years of installation. Loading dock areas shall be screened with a minimum height of six feet at planting and shall achieve a height of at least 10 feet five years after installation. Land use mitigation buffers pursuant to Table 5.11 may be used to meet these requirements.

Parking lot lighting should be sited within landscape islands, however, without hindering necessary lighting coverage. See also § Z-511 for lighting requirements.

No more than 20 parking spaces shall be placed in one row of parking without an intervening landscape island.

Topsoil Preservation. Topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide at least four inches of even cover to all disturbed areas of the development and shall be stabilized by seeding or planting.

Removal of Debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials, or other debris shall be removed from the site and disposed of in accordance with New Jersey Department of Environmental Protection regulations. No tree stumps, portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips, they may, subject to approval of the City Engineer, be used as mulch in landscaped areas, provided they have been properly composted.

Slope Plantings. Landscaping of the area of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than 3:1 shall be planted with ground covers appropriate for the purpose and soil conditions, water availability, and environment.

Additional Landscaping. In residential developments, besides the screening and street trees required, additional plantings or landscaping elements shall be required throughout the subdivision where necessary for climate control, privacy, or for aesthetic reasons in accordance with a typical planting plan approved by the Board of Jurisdiction.

Planting Details. Planting details shall be consistent with the American Association of Nurserymen recommendations as they may be amended or superseded.

Standards for Tree Retention. The following standards shall apply to all trees regardless of location:

Methods of Tree Protection. All persons shall exercise due care to protect trees which are to be retained from damage during construction. Critical root zones shall be protected by the use of fencing located at the dripline in accordance with the City of Lambertville engineering standards. The procedures in this subsection shall be observed in order to protect retained trees, as follows:

Sufficient lighting shall be provided on each site or along roadways to ensure the security of property and to protect the safety of persons during the hours of sunset and sunrise when the establishment or facility is in use.

Lighting shall be so designed to avoid the creation of hazards to motorists and pedestrians or nuisance to adjoining property owners or residents. Lighting directed towards the sky shall be designed to prevent interference with commercial aviation routes.

Lighting levels, lamp color, and fixture type shall be consistent throughout the parcel in question and shall complement building architecture and landscaping.

Lighting shall be designed to minimize energy and maintenance requirements and shall comply with the U.S. Energy Policy Act of 1992 as it may be amended or superseded.

Exterior lighting not building mounted shall be supplied by electricity from underground cabling.

Lighting proposed for public streets shall be designed to be integrated into the City's existing street lighting system.

Design Criteria. The design of street lighting shall take into consideration:

Lighting Standard Placement. Lighting standards shall be located at the following places:

Staggering. Light standards shall be staggered on both sides of the roadway.

Fixture Type. In general, any street lamp type installed by the electric service provider shall be permitted, subject to the approval of the Department of Public Works, Parks and Public Property, taking into account the existing lighting standards and cost of maintenance and operation, provided that the illumination provided is greater than or equal to the following:

Lighting shall be provided by fixtures with a mounting height not more than 25 feet or the height of the building, whichever is less, measured from the ground level to the centerline of the light source.

Any other outdoor lighting such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, traffic safety and overhead sky glow. The objectives of these specifications is to minimize undesirable off-premises effects. No light shall shine into building windows, nor onto streets and driveways so as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval. Wall mounted fixtures are only permitted if directed into a site and not positioned towards neighboring properties or public streets.

Lot Configuration. Lots shall be configured to meet the following requirements:

Blocks. Blocks shall be configured to meet the following requirements.

No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground, except tanks or drums of fuel directly connecting with energy devices, heating or appliances located and operated on the same lot as the tanks or drums of fuel.

All outdoor storage facilities for fuel, raw materials and products and all fuel, raw materials and products stored outdoors shall be enclosed by an approved safety fence.

No materials or waste shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or water course or otherwise render such stream or water course undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or water course.

All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.

Accessory Uses. Signs shall be permitted as accessory uses in all zoning districts provided that any sign hereafter erected in the City of Lambertville conforms with the provisions of this section and any other ordinance or regulation of the municipality, or the State or Federal government relating to the erection, alteration, or maintenance of signs. In the event of conflicting regulations, the most restrictive shall apply.

Sign Permit. A permit shall be required for the installation of all signs, unless exempted from such requirements under § 515.2.M. The structural safety requirements governing construction and erection of all signs and the issuance of permits shall be controlled by the Uniform Construction Code (UCC) of the City of Lambertville, but this section shall supersede the UCC with respect to areas wherein signs are erected, their location, size, design, illumination, and all such characteristics which relate to zoning regulation.

Maintenance. All signs shall be kept in a proper state of repair, in accordance with pertinent regulations. Signs which fall into such a state of disrepair as to become unsightly or to pose a threat to public safety may be removed by the City 30 days following notice by certified mail to the owner of record and the City shall have the right to recover from said owner the full costs of the removal and disposal of such signs.

Rights-of-Way. No sign other than traffic control or official governmental signs shall be erected within or project over the right-of-way of any public street or sidewalk, except as hereinafter provided.

Imitation of Official Signs. No sign shall be erected that is of such character, form, shape or color that it imitates or resembles any official traffic sign, signal or device, or that has any characteristics which are likely to confuse or dangerously distract the attention of the operator of a motor vehicle on a public street.

Sight Triangles. No sign shall be erected at the intersection of any streets improved for vehicular traffic within the triangular area formed by the right-of-way lines, and a line connecting them at points 30 feet from their intersection, unless the topmost portion of said sign is less than 2.5 feet high or attached to a building. In no case shall any sign be so erected that it dangerously impedes the vision of motorists or pedestrians, or otherwise endangers their safety.

Prohibited Placement. No sign shall be placed on any tree, telephone pole, electric light, public utility pole, wall, fence, or vacant building (excepting for sale or rent signs), or upon rocks or other natural features.

Permitted Uses. No sign shall be erected containing a message that states or implies that a property may be used for any purpose not permitted in the zoning district in which said sign is located under the provisions of this Ordinance.

Public Property. Any sign installed or placed on public property, except in conformance with the requirements of this section, shall be forfeited to the public and subject to confiscation. In addition to other remedies that may be imposed under this Ordinance, the City shall have the right to recover from the owner or person placing such sign the full costs, including legal costs, of removal and disposal of such sign.

Illumination. Signs exempt from permits in accordance with § 515.2.M shall not be illuminated, unless otherwise excepted. Any other sign may be illuminated, unless otherwise prohibited.

Computation of Sign Area. For the purposes of this section, "sign area" shall mean the area expressed in square feet, within a rectangle enclosing the extreme limits of writing, symbols, logos, letters, figures, emblems, or other representations plus all material or color forming an integral part of the sign or used to differentiate the sign from the background against which it is placed, provided that:

Prohibited Signs. Any sign that is not permitted by the provisions of this section is hereby prohibited, with the following signs specifically prohibited:

Signs Exempt From Permits. The following signs are exempt from the need to secure permits:

Non-conforming Signs.

Abandoned Signs. No person shall maintain or permit to be maintained on any premises owned or controlled by him or her, a sign which has been abandoned. An abandoned sign for the purpose of this section is a sign located on, and/or related to the use of a property which becomes vacant and unoccupied; any sign which was erected for an occupant or business unrelated to the present occupant in business; or any sign which related to a time, event, or purpose which is past. Any such sign shall be abated by the owner or person controlling the property within 30 days of the date of abandonment as herein defined. Any sign identifying an abandoned use, as provided for by this Ordinance, shall itself be considered to be abandoned. Notwithstanding these provisions, in the event that the Historic Preservation Commission determines that a sign within the Lambertville Historic District is an integral part of the architectural design of an historic building or a historic structure in itself, such sign shall not be subject to the requirement for removal.

Sign Permit Procedures. The following procedures shall apply to the issuance of sign permits:

Freestanding Signs. Freestanding signs, except for directional signs, shall comply with the following requirements:

Facade signs. Facade signs shall comply with the following requirements:

Awning signs. Awning signs shall comply with the following requirements:

Canopy Signs. Canopy signs shall comply with the following requirements:

Changeable Copy Signs. Changeable copy signs shall comply with the following requirements:

Directional Signs. Directional signs shall comply with the following requirements:

Directory Signs. Directory signs shall comply with the following requirements:

Projecting Signs. Projecting signs shall comply with the following requirements:

Time and Temperature Signs. Time and temperature signs shall comply with the following requirements:

Signs for Residential and Institutional Uses.

Signs in accordance with § 515.2M of this section, excepting window signs.

Signs for non-residential uses. Non-residential uses in residential districts, excepting institutional uses hereinabove, shall be permitted signs in accordance with § 515.5.

Freestanding Sign. One freestanding sign may be erected not to exceed 12 square feet in area nor six feet in height.

Facade or Projecting Sign. One facade or one projecting sign may be erected facing each street frontage. The permitted sign area shall be 5% of the total facade area, or a maximum of 16 square feet, whichever is less.

Changeable Copy. Changeable copy signs shall be permitted for institutional uses, establishments booking live performances, and for service stations selling motor fuel. Such signs shall not exceed 12 square feet in area and shall be integrated with permanent copy freestanding or facade signs as otherwise permitted.

Directory Signs. One directory sign shall be permitted attached to the facade at a main entrance, rear entrance, or stair access to upper floors. One additional directory sign shall be permitted at the entrance to a main driveway for any lot exceeding one acre in size.

Menu Signs. Restaurants or other eating establishments may erect one additional facade sign for the placement of a menu or other bill of fare, provided the sign does not exceed four square feet in area.

Awning Signs. Signs on awnings shall be permitted; however, any such sign shall be considered a facade sign for the purposes of this section and shall adhere to the sign limitations thereof.

Signs in accordance with § 515.2M.

Time and Temperature. One time and temperature sign shall be permitted per commercial premises.

Freestanding Sign. One freestanding sign may be erected on each street frontage that contains a minimum of 100 feet of lot frontage and with direct vehicular access from that street. The permitted sign area shall be 1/2 square foot of sign area for each linear foot of building frontage, or a maximum of 40 square feet, whichever is less. No such freestanding sign shall exceed 12 feet in height. Freestanding signs shall contain only one commercial message.

Facade Sign. One facade sign may be erected facing each street frontage with direct vehicular access from that street. The permitted sign area shall be 5% of the total facade area, or a maximum of 20 square feet, whichever is less. For retail centers with multiple tenants, each individual store shall be permitted one facade sign not to exceed 1/2 square feet of sign area per linear front foot of store or 16 square feet, whichever is less.

Canopy Sign. One 1 sign each on opposite ends of a canopy fascia may be permitted as otherwise allowed under § 515.3D.

Changeable copy signs shall be permitted only for institutional uses.

Directional signs shall be permitted provided each sign does not exceed three square feet in area.

Directory Signs. One directory sign not to exceed six square feet shall be permitted at a main entrance.

Menu Signs. Restaurants or other eating establishments may erect one additional facade sign for the placement of a menu or other bill of fare, provided the sign does not exceed four square feet in area.

Signs in accordance with § 515.2M.

Time and Temperature. One time and temperature sign shall be permitted per commercial premises.

Freestanding Sign. One freestanding sign may be erected on each street frontage not to exceed 32 square feet in area.

Changeable copy signs shall be permitted only for institutional uses.

Directional signs shall be permitted provided each sign does not exceed three square feet in area.

Directory Signs. One directory sign not to exceed six square feet shall be permitted at a main entrance.

Signs in accordance with § 515.2M.

Design Guidelines.

Design Standards.

Building permits for individual lot applications involving only a detached one- or two-dwelling unit building.

Accessory buildings as otherwise permitted for subsection 516.2A uses.

Other buildings incidental to residential uses.

The alteration or repair of an existing building which is not either a detached one- or two-dwelling unit building, or change in authorized use, upon recommendation by the Zoning Officer and ratification by the Board having jurisdiction that the alterations or repair:

The provisions of this section shall not limit the requirements for submission and approval of subdivisions as otherwise required by Code of the City of Lambertville or City ordinance.

The Board of Jurisdiction, on its own authority or with the recommendation of the Zoning Officer as set forth herein, may waive the requirement for site plan approval whenever there is a determination that the proposed development, alteration, repair, or change of use or occupancy does not affect the existing conditions of the lot or premises, including: topography, vegetation; drainage; floodplains; marshes and waterways; open space; walkways; means of ingress and egress, utility services, landscaping; structures; signs; lighting and screening devices; intensity of use; changes in seating or floor space requirements; changes in parking allocations, and other considerations of site plan review.

The Zoning Officer shall have the authority, in the first instance, of reviewing initially an application seeking waiver of formal site plan review for compliance with the standards set forth herein for granting of the waiver, if such initial review is sought by the applicant. If the conditions for a waiver have been presented, the Zoning Officer shall recommend in writing that the Board having jurisdiction formally ratify the recommendation and grant the requested waiver, with or without conditions, by itself or in connection with any other action to be taken or relief to be granted with respect to the application. The submission of escrows for professional review shall not be required for this initial review and recommendation of the waiver application by the Zoning Officer and ratification and approval thereof by the Board having jurisdiction. If the Zoning Officer or Board having jurisdiction determine that the waiver cannot be granted without the submission of additional information requiring professional review for its proper evaluation, the deposit and escrow provisions of this Ordinance shall apply to the application.

Any applicant desiring a waiver under this section shall present sufficient credible evidence to allow the Zoning Officer and the Board to reach such conclusions as would permit the grant of the waiver. Such evidence shall consist of sketches, property descriptions, methods of operation, photographs, testimony, or other documentation or information as the Zoning Officer and the Board may require. The reviewing Board, on its own authority or in reviewing a recommendation for granting the waiver, shall render its decision based on such evidence and may attach conditions to any waiver so granted. The waiver shall only be deemed to have been granted formally upon the affirmative vote of the Board to do so.

North arrow;

Scale;

Existing and proposed street names if any;

Contour lines at two foot intervals;

Title of plan; streams;

Total acreage to one hundredth of an acre;

Total building coverage in acres and percent of lot;

Total number of parking spaces;

All dimensions needed to confirm conformity to the Zoning Ordinance such as but not limited to buildings, lot lines and yard areas;

A small key map giving the general location of the parcel to the remainder of the municipality; and

A separate map showing the site in relation to all remaining lands in the applicant's ownership.

Size, height, location and arrangement of all proposed buildings and structures, in accordance with the requirements of this Ordinance, including a rendering of such building or a typical building showing front, side and rear elevations.

Proposed circulation plans including access streets, aisles and lanes, driveways, parking spaces, loading areas, loading berths or docks, pedestrian walks, and all related facilities for the movement and storage of goods, vehicles and persons on the site and for access and egress to and from all parts of the site. Such plans shall be accompanied by cross-sections of streets, aisles lanes and driveways and shall adhere to the following provisions:

Landscaping plan including seeded and/or sodded areas, grading, fencing, signs, recreation areas, shrubbery, trees and buffer areas in accordance with the following standards:

The proposed location of all drainage, sewage and water facilities with proposed grades, capacities and materials to be used. Such plans shall be reviewed by the City Engineer with recommendations to the Planning Board. Proposed lighting facilities shall be included showing the direction and reflection of the lighting.

A written description of the proposed operations of the building(s) including the number of employees or members of non-residential buildings; the proposed number of shifts to be worked and the maximum number of employees on each shift; expected truck and tractor-trailer traffic; emission of noise, glare, air and water pollution; safety hazards, and anticipated expansion plans incorporated in the building design.

For proposals in the CBD Zone a written description of the use and conformity to provisions and requirements of the CBD Zone regarding preservation of appearance and character of the CBD Zone shall be submitted.

Enhancing the neighborhood.

Providing adequate access and off-street parking and loading facilities for employees and visitors.

Providing fencing and/or landscaping where reasonably necessary for safety and/or aesthetic purposes.

Preventing uses which may or may not tend to endanger life or property or create hazards from fire, explosion, radiation or produce objectionable smoke, heat, glare, vibration, or noise whether or not any of such hazards are confined to the property shown on the site plan.

Requiring that all raw materials, fuel, goods in process, finished goods, machinery, equipment, trucks and other motor vehicles shall be confined within areas which are either housed or screened from public view from abutting streets or adjoining residential properties.

Prohibiting the emission of noxious, toxic or corrosive fuels, gases or odors or the exhaust of waste into air of dust or other substances.

Providing off-street parking areas which shall meet the construction standards set forth in the Subdivision Ordinance for street.

Preserving the appearance and character of the CBD Zone.

The use for which an application is submitted is specifically permitted as a conditional use in the zoning district in which the proposed use would be located.

The design, arrangement, and nature of the proposed use will not increase the danger of fire, or panic, or otherwise endanger the public.

Reasonable consideration shall be made as to the compatibility of the proposed use within the existing neighborhood or community including the number of employees or users of the property, the potential effect upon adjacent property values, the need for the proposed use in the community, and the mitigation of potentially adverse environmental effects.

The proposed use shall not impair an adequate amount of light or air to adjacent properties.

The proposed use shall not overcrowd the land or create an undue concentration of population.

Conformance to Standards. Conditional uses shall conform to any additional standards specified for the use in question in the applicable zoning district.

Burden of Proof. The applicant for a conditional use shall have the burden of proof in establishing that the criteria for so granting such use shall have been met. In all cases the applicant's burden of proof shall contain sufficient and credible evidence to fully support the assertions made by the applicant.

Effect of Approval. In the granting of an approval for a conditional use, the applicant shall secure a building permit or, in the case where no building permit is required, a certificate of occupancy, within one year from the date of approval, otherwise the granting of the conditional use shall be deemed null and void.

Said pools shall be located within a lot area of a minimum of one acre within such area may also be located terraces, change house, refreshment stand and similar accessory uses.

The pool shall occupy no more than 20% of the lot area. Said area shall include total water surface including separate wading pools, swimming tanks, and diving tanks.

No edge of any pool or separate swimming tank shall be closer to any property line than 20 feet.

The pool shall be enclosed with a fence or, in lieu thereof, located on a terrace, or landscaped, or surrounded by structures or any combination of the above or similar techniques in order to control access to the immediate pool area.

The pool shall be lighted both internally and externally but in no case shall any light be directed in a direct or indirect fashion upon any adjacent property. All standards used for exterior lighting shall not exceed 25 feet in height and shall be no closer than 25 feet to the edge of any pool. All lighting shall be in compliance with the applicable National Electrical Code.

All pools shall be constructed below the surface of the ground except that for a period not to exceed one swimming season, any public pool may be erected above ground after which such pool shall be located below ground if it remains on the same tract.

All pools shall be landscaped to effectively screen the view and noise of the pool from neighboring properties.

All loud speakers or public address systems shall be located on or in the immediate area of the pool and be directed so that said speakers are not directly aimed at any adjacent residential buildings.

One off-street parking space shall be provided for every 30 square feet of water surface.

Pools shall be located within an area no less than 4,000 square feet that is devoted to the use of the pool.

The total area of the surface of the water including separate wading pools, swimming tanks and diving tanks shall be no more than 40% of the land area devoted to the use of the pool.

No edge of any pool or separate swimming tank shall be closer to any building or property line than 20 feet.

The total land devoted to the use of the pool shall be enclosed with a fence no less than eight feet in height nor more than 10 feet in height.

The pool shall be lighted both internally and externally but in no case shall any light be directed in a direct or indirect fashion upon any apartment house or adjacent property. All lighting shall be in compliance with the applicable National Electrical Code.

All pools shall be constructed below the surface of the ground.

If any portion of the pool, part of the land devoted to the use of the pool, light standard or loud speakers are located closer to any residential building or other property line of another lot than 50 feet, adequate buffers of trees and shrubs shall be provided.

For steep slopes any disturbance shall be prohibited except as provided below:

The applicant shall demonstrate through site plans to the appropriate Board having jurisdiction over the development application that the proposed development and topography of the new disturbance is not located in areas with a 30% or greater slope and does not exceed the limit of development in § 519.5 above.

Applications for development of any lot containing slopes in excess of 15% shall be accompanied by a steep slope analysis showing slope classes of 0% to 15%, 15.1% to 20%, 20.1% to 30%, and greater than 30% (see Steep Slopes Illustrations diagram at § 519.12). Any application pertaining to a lot depicted with steep slopes on the Master Plan map entitled "Slopes" shall include a steep slopes analysis. The analysis shall be based upon a topographic survey, prepared by an appropriately licensed NJ professional, which shows elevations at two foot intervals with slopes measured between adjacent contour lines.

The Board of Jurisdiction, when reviewing variance applications pursuant to N.J.S.A. 40:55D-70 to the standards set forth in § 519.5, as part of its consideration and determination of the statutory positive and negative criteria, shall consider the following:

Applications for development of any lot containing slopes in excess of 15% shall conform to the design guidelines in this section.

Applications for building permits or for site disturbance on pre-existing lots containing slopes in excess of 15% shall be accompanied by a steep slope analysis showing slope classes of 0% to 15%, 15.1% to 20%, 20.1% to 30%, and greater than 30% (see Steep Slopes Illustrations diagram at § 519.12). Any application pertaining to a lot depicted with steep slopes on the Master Plan map entitled "Slopes" shall include a steep slopes analysis. The analysis shall be based upon a topographic survey, prepared by a licensed NJ surveyor (PLS) or engineer (P.E.), which shows elevations at two foot intervals with slopes measured between adjacent contour lines.

The applicant may apply to the City Engineer for permission to limit the extent of the topographic survey to be submitted if, for instance, only a small portion of the lot will be impacted by the proposed improvements/site disturbance. Alternatively, the applicant's engineer may demonstrate that the proposed improvements/site disturbance is of such a de minimis extent, proven by analysis using existing LiDAR topographic data (New Jersey Highlands Council), is sufficient to provide adequate information for the City Engineer to review such proposed improvements/site disturbance.

Any application for a building improvement, either freestanding (such as a shed) or an addition to an existing structure (including decks), which involves combined building coverage and site disturbance of not more than 150 square feet in area shall be exempt from the requirements of this section, provided that the applicant has not previously applied for such exemptions within three years of the date of application.

The Zoning Officer shall review and have the authority to approve applications for disturbance of slopes in connection with building permits or for site disturbance on pre-existing lots which conform to the requirements of § 519.5.

Applications for site disturbance which are limited solely to removal of trees and/or vegetative cover need not include a grading plan in the submission, except for operations requiring road construction and/or heavy equipment access.

The conditions for cluster residential housing shall be as follows:

The maximum gross density of the development shall be based on the limitations of the underlying district.

Allowable uses and housing types shall be the same as the limitations of the underlying district.

The following minimum residential lot standards shall apply:

The land area that would otherwise be required for house lots but is not used by the permitted lot size reduction shall be devoted to common open space.

The cluster residential development shall be arranged to create a connected systems of common open space. The open space shall be owned and maintained by a Homeowner's Association in accordance with N.J.S.A. 40:55D-43 or dedicated to the City of Lambertville if accepted by the Governing Body. The open space shall be maintained and preserved in perpetuity for conservation, open space, agriculture and/or recreational uses as directed by the Planning Board. Covenants, deed restrictions, or other legal arrangements shall specify ownership of the open space; method of maintenance; responsibility for maintenance; maintenance of taxes and insurance; compulsory assessment provisions guarantees that any homeowners association formed to own and maintain open space will not be dissolved without the consent of the Planning Board; and any other specification deemed necessary by the Planning Board.

The open space shall be maintained in accordance with a land management plan prepared by the developer and approved by the Planning Board. The developer shall provide copies of deed covenants with prospective purchases or conservation easements with the City describing land management practices to be followed by the party or parties that are responsible for open space. Further subdivision or open space land, or its use other than agriculture, conservation and recreation shall be prohibited.

All other steep slope provisions set for in § 519 shall apply.

Development on steep slopes should produce the minimum feasible site disturbance in areas of steep slope. Site improvements should be clustered on lands of relatively low slope;

The development should be consistent with the natural contour of the site, and minimize grading and alterations of natural landforms. All disturbances of steep slopes shall be stabilized with temporary and permanent erosion control consistent with anticipated sunlight levels, extent and degree of disturbance, and manufacturers criteria and methods.

Padding or terracing of building sites should be minimized;

The development should retain natural topographic features such as drainage swales, stream beds and banks, ridge line vistas, rock outcrops and mature plant formations. Natural points of runoff discharge shall not be altered and no new locations of stormwater discharge shall be proposed. Additional volume of runoff generated shall be infiltrated to the maximum extent. Disturbed runoff paths shall receive permanent stabilization, such as with a Turf Reinforcement Mat or other substantial product acceptable to the Board's Engineer.

The development should minimize the extent to which it impairs the visual integrity of the slopes when viewed from publicly accessible vantage points including but not limited to the developed areas of Lambertville generally west of NJ Route 29;

The development should provide for protection of maximum feasible vegetation of the steep slope; and,

Mature trees should be retained and integrated into new hillside residential development. Existing live trees with a trunk diameter of at least eight inches measured four feet above the grade which are located within the area of the proposed site disturbance or within any portion of the site under 30% slope within 50 feet thereof shall be located on the site survey. The removal of any such trees is prohibited unless it is specifically permitted by the Board of Jurisdiction.

Exposed soils and topsoil piles should be adequately stabilized throughout construction according to regulations and best management practices established by the United States Department of Agriculture — Natural Resource Conservation Service.

The scale of new buildings should be compatible with existing structures. Single story elements, setbacks, overhangs, roof pitches, and landscaping should be used to minimize the impact of exterior wall surfaces.

Roofs should be fragmented to avoid a monotonous appearance while following the angle of the slope.

The maximum height of a proposed building should not exceed the mid-point of the tallest building on the adjacent uphill lot.

All new structures should be setback a minimum of 50 feet from a ridge top.

The limits of clearing on the construction site must be tightly drawn around the area of proposed disturbance. All natural vegetation outside of this area shall be protected during construction through the placement of snow fencing at drip lines and other means of vegetative protection.

Conflicts. All other ordinances, parts of ordinances, or other local requirements that are inconsistent or in conflict with this § 519 are hereby superseded to the extent of any inconsistency or conflict, and the provisions of this § 519 apply.

Severability.

The use shall be conducted entirely within the primary dwelling or accessory building associated with it.

No more than 50% of the first floor or basement area or 250 square feet, whichever is less, of the dwelling unit or accessory structure on the same lot may be used for the minor home occupation.

No display of products shall be visible from the street, nor shall any article be sold or offered for sale on the premises.

No more than two clients, patrons, or customers may be on the premises for business or professional purposes at any one time.

The residential character of the lot and building shall not be changed.

No sounds emanating from the minor home occupation use shall be audible outside the residence.

No equipment shall be used which will cause interference with radio and television reception in neighboring dwellings nor create other nuisances by its operation.

The minor home occupation shall not employ any person not resident on the premises in the performance of the occupation.

No sign identifying or advertising the minor home occupation shall be permitted.

Deliveries shall be limited to package (e.g., United Parcel Service) services or utilization of the owner's passenger vehicle.

No additional off-street parking to accommodate the minor home occupation shall be allowed.

The major home occupation shall not be open for customers, clients or patrons before 8:00 a.m. on weekdays and 9:00 a.m. on weekends nor after 8:30 p.m. on any day of the week.

The use shall be conducted entirely within the primary dwelling or accessory building associated with it.

No more than 50% of the first floor or basement area or 450 square feet, whichever is less, of the dwelling unit may be used for the home occupation.

No display of products shall be visible from the street, nor shall any article be sold or offered for sale on the premises.

The residential character of the lot and building shall not be changed.

No sounds emanating from the home occupation use shall be audible outside the residence.

No equipment shall be used which will cause interference with radio and television reception in neighboring dwellings nor create other nuisances by its operation.

No major home occupation shall employ more than one non-resident.

One non-illuminated sign attached to a facade of the building, or, fence or wall, not to exceed two square feet, may be permitted identifying the major home occupation.

The home occupation shall not reduce the parking or yard requirements of the dwelling.

Where parking is provided, no more than three parking spaces per property, including required residential parking, shall be allowed. All parking associated with the home occupation shall be screened from view of any public street behind a combination of hedging, landscaping or fencing.

Deliveries shall be limited to package (e.g., United Parcel Service) services or utilization of the owner's passenger vehicle.

The major home occupation shall not be open for customers, clients or patrons before 8:00 a.m. on weekdays and 9:00 a.m. on weekends nor after 8:30 p.m. on any day of the week.

Automobile repair, refurbishing or servicing.

Barber shops and beauty salons.

Bed and breakfast accommodation.

Body piercing and tattooing.

Medical and dental offices.

Real estate office.

Spray painting and refinishing operations.

Taxi and limousine service.

Home occupations primarily involving public assembly.

Topography and Features. Topography of the site shall extend a minimum of 200 feet beyond the limits of the proposed development, showing two-foot contour intervals at a minimum. The plans will also indicate existing surface water drainage structures, marshlands, woodlands, wetlands, existing man-made structures, roads, utilities, property boundary with metes and bounds and significant natural and man- made features not otherwise shown. Include all the watershed boundaries and time of concentration paths for pre-developed conditions. Natural ponding areas must be shown.

Vicinity. Indicate at least the following: roads, pedestrian ways, access to the site, adjacent land uses, existing open space, public facilities, utilities, drainage (including, specifically, streams and other surface water shown on U.S.G.S. and soils map), and other significant features.

Stormwater Management. Indicate the location of proposed buildings, roads, parking areas, utilities, structural facilities for managing stormwater and sediment control, and other permanent structures. Clearly show areas where alterations in the natural terrain, cover, and grade are proposed, and changes in natural cover, including lawns and other landscaping. Soil types based upon the Soil Conservation Service Soil Survey will be shown. Show all the post-developed watershed boundaries and time of concentration paths. All natural and proposed ponding areas must be shown. Any unique, unusual or environmentally sensitive features should be identified.

Stormwater Management Report.

General Standards. The project plans submitted should demonstrate careful consideration of the general and specific concerns of the applicable municipal, regional and state stormwater management programs and be based on environmentally sound site planning, engineering and architectural techniques. The design shall conform with the provisions of the City's Steep Slopes Ordinance when applicable. (See § 519)

Alternatives to Detention Basins.

Detention Facilities.

A detention facility should accommodate site runoff generated from two-, ten- and 100-year, twenty-four-hour storms, considered individually (in each case a Type III Rainfall as defined in Soil Conservation Service Publications). Runoff greater than that occurring from the 100-year twenty-four-hour Storm will be passed over an emergency spillway or a bypass system. Detention will be provided such that after development the peak rate of flow from the site will not exceed the corresponding flows, from the site prior to development. Detention basins alone do not reduce the increased volume of runoff caused by development; therefore, the discharge rate must minimally be adjusted to safely control the increased volume.

It is possible for flooding in a given watershed to be aggravated by the combined effects of detention basins, if the basins are improperly placed. Detention basins located in downstream areas hold back peak flows so that the flow coincides with the peak flow from upstream. This situation must be investigated with supporting calculations of downstream effects. Water quality controls are required at a minimum in all cases.

Detention basins with a permanent pool of water must provide safety ledges and/or gently sloping sides. Provisions must be made for proper water circulation, control of algae, insect control and continued maintenance including dredging to maintain proper depth.

Dry detention basins should be shaped to blend with the natural topography. The bottom of the dry detention basin must be at least two feet vertically above the seasonal high groundwater table. Dry detention basins are to be graded to provide a positive overland flow unless in the case of plunge pools or scour holes. Underdrains may be considered for assisting positive drainage.

Outlet Devices.

In all cases, multiple level outlets or other fully automatic outlets are to be designed so that discharge rates from the development for the design storms will not be increased from what would occur if the development were not constructed. Outlet waters must be discharged from the development at such locations and velocities as not to cause additional erosion or cause additional channels downstream of the development. No outlets will be permitted directly into adjacent lands without proof of a zero increase in the rate of runoff and a stability analysis of the off-site channel. If there is no stable outlet downstream, an off-site easement must be obtained to provide a stable outlet. Outlets from detention facilities are to be designed to function without manual, electric, or mechanical controls.

Location of the principal outlet should allow for easy vehicle access. The outlet structure must be designed to withstand all anticipated pressures and/or loadings. Outlet structures will involve multi-stage outlet systems. The lowest outlet will be designed to achieve prolonged retention requirements for water quality control. The remaining outlets located above the water quality peak detention pool elevation must control the required design storms.

Debris and sediment will accumulate around the outlet structure. Trash racks with hinges or other devices are required to protect the outlet from clogging. The inclined vertical bar rack is recommended for the lower stage outlets to facilitate debris removal. The inside of the outlet structure should be depressed below the lowest outlet to minimize clogging of this outlet due to sedimentation.

Dams.

Any stormwater basin that impounds water through the use of an artificial dike, levee or other barrier may be subject to the New Jersey Dam Safety Standards. All such dams must be designed, constructed, operated and maintained in compliance with said Standards and all other applicable laws and approved by the New Jersey Department of Environmental Protection.

The minimum top width of the embankment must be 10 feet. Side slopes of the settled embankment should not be less than three horizontal to one vertical. The minimum elevation to the top of the settled embankment must be one foot above the water surface created by the maximum design storm passing over the emergency spillway in a completely clogged outlet structure condition. Design height of the basin embankment is required to be increased 10% where hauling equipment is used and 5% where compaction equipment is used.

Emergency Spillways.

Emergency spillways are required on all detention basins and will be designed to pass the entire SCS 100-year, twenty-four-hour post- developed peak discharge tributary to the detention basin at a minimum. Detention basins with dams subject to N.J.A.C. 7:20, the New Jersey Dam Safety Standards, must comply with those Emergency Spillway Requirements.

Emergency spillways are to be located in cut sections wherever possible. Stable channels must be provided to convey stormwater through the emergency spillway to the discharge points. Discharge from the emergency spillway must also not cause soil instability both onsite and offsite.

Off-Site Drainage.

Stormwater runoff from areas off-site may be passed across the development site without detention. If the off-site drainage enters the detention facility provided for the development, the detention facility design must handle this additional flow.

A point of interest analysis is encouraged to determine the change in runoff downstream of the site.

Uncontrolled Runoff.

Since it is difficult to control 100% of the development site stormwater runoff, provisions must be made to regulate uncontrolled runoff to the maximum extent practical. Uncontrolled runoff is stormwater flow not tributary to detention basins or other stormwater control facilities on the development site.

The total peak runoff from the site after development cannot exceed pre-developed rates at all locations leaving the site, therefore uncontrolled runoff will be allowed only if:

Joint Detention Facilities. In many instances, the provisions of separate detention facilities for a number of single sites may be more expensive and more difficult to maintain than provisions of joint facilities for a number of sites. In such cases, the City may be willing to consider provisions of joint detention facilities, which will fulfill the requirements of this regulation. In such cases, the City may approve a properly planned staged program of detention facilities.

Detention Facilities in Flood Hazard Areas. Detention facilities proposed within Flood Hazard Areas are required to be designed in accordance with applicable NJDEP standards and approved by NJDEP.

Exceptions. When properly sized detention facilities are unable to be constructed and the aforementioned requirement cannot reasonably be adhered to, the developer may be required to provide adequate drainage facilities in such a manner as to not overburden the City, County or State drainage facilities, and to share in the costs of improvements to existing City, County or State drainage structures and facilities requiring enlargement, modification or reconstruction as a result of the increase in runoff from the development. To facilitate the review of proposed drainage facilities for a development, design calculations prepared by the developer's engineer must be submitted with the development plan.