All developments shall conform to design standards encouraging sound development patterns within the Township. Where an Official Map or Master Plan have been adopted, the development shall conform to them.

Character of the land. Land identified in the Master Plan and/or natural resources inventory as environmentally critical and unsuitable for and intended development due to flooding, improper drainage, shallow depth to water table, steep slopes, utility easements or similar features shall not be designed for development unless adequate and acceptable methods are formulated to eliminate the problem.

Any lot or dwelling unit lawfully existing as a result of a preliminary or final subdivision approval or certificate of occupancy approved as of August 1, 2002, shall continue to be governed by the zoning regulations in effect at the time of said approval, as set forth in Subsections C, E, F, G and H of § 130-71.

Setback. Any accessory building attached to a principal building is part of the principal building and shall adhere to the yard requirements for the principal building. Accessory structures located on corner lots shall be required to be set back a minimum of 30 feet from the street other than the street upon which the principal building is facing; except that for zoning districts where the front yard setback is greater than 60 feet the accessory structure setback shall be no less than 50% of the front yard setback distance.

Height and area. The number of accessory buildings and structures shall not exceed two per lot in Residential and Rural Agricultural Districts, they shall not exceed 18 feet in height and in the aggregate they shall occupancy no more than the equivalent of 25% of a required rear yard or 900 square feet, whichever is smaller, except that swimming pools and agricultural and horticultural buildings on farms shall not be bound by these requirements.

Location. An accessory structure or use shall be placed in the side or rear yard only. On a corner lot, it shall be set back from all streets to comply with the actual setback of the principal building. However, off-street parking shall be permitted in the front yard, in accordance with § 130-44K.[1]

Fuel storage tanks. Aboveground fuel storage tanks on single-family detached residential properties shall be permitted in the side or rear yard only, and they shall conform with the setback requirements for accessory buildings as set forth in the Schedule of Limitations,[2] except that they may be located within 15 feet of the principal building. Aboveground fuel storage tanks shall be screened from view from the street, and they shall conform in all respects to the provisions of the State Fire Prevention Code, the Uniform Construction Code of New Jersey and any other applicable codes. Aboveground fuel storage tanks located on nonresidential or multifamily residential sites shall be considered as a part of site plan review, and to the extent feasible, they shall be adequately screened and placed in the side or rear yard areas of the site. Fuel storage tanks installed in the ground on single-family detached lots shall not be restricted as to location. Fuel storage tanks installed in the ground on all other residential properties and on nonresidential sites shall be required to obtain site plan approval for the location of the tanks.

Keeping of farm animals.

Outdoor displays: tents or tent-like structures.

A tennis court area may be located in the rear yard areas only and shall be surrounded by a fence a maximum of 10 feet in height. The tennis court area is to be set back from any side or rear lot line a distance of at least 50 feet. The incorporation of an appropriate landscape buffer, per § 130-26, surrounding the tennis court area and approved by the Township Landscape Architect is required. Lighting associated with the tennis court area is prohibited unless the applicant directs the lighting directly onto the tennis court playing surface and substantial spillover is avoided. Light spillage of more than 0.2 footcandles onto adjacent properties shall be prohibited. The objective of these lighting specifications is to minimize undesirable off-premises effects. The lighting standards per § 130-38 must be met.

Garages and carports for not more than three vehicles may be constructed on a single lot. The garaging, storing or parking of commercial vehicles over three-fourth ton on any properties, private roads or public streets in all residential districts is prohibited; provided, however, that nothing herein shall prohibit the parking of a commercial vehicle for such reasonable time as may be required in the normal course of pickup and delivery service. Owners, lessees, occupants and other persons responsible for or knowingly permitting violation of this subsection shall be guilty of such violation as will the owner or user of any vehicle so parked, garaged or stored. Vehicles designed and used for agricultural purposes are exempted from these requirements. Not more than one commercial registered trailer, mobile home or vehicle owned or used by the resident shall be permitted in a residential zone, provided that the vehicle is located in the rear yard and adequate buffering § 130-26 is provided. This provision shall not be deemed to limit the number of commercial cars or trucks used in conjunction with a permitted agricultural use. A garage shall not be used for commercial purposes in residential districts. Regardless of capacity, only one private garage, architecturally compatible, whether attached or unattached, shall be permitted per residential dwelling.

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 rooflines 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. In the case of housing built to satisfy the needs of low- or moderate-income households, specific cost-saving features shall be described in the submission, and there shall be no requirement imposed for architectural variation unless it can be accomplished without added cost to the household.

Structure alignment.

At least one story of each dwelling unit shall be higher than the finished grade along the front of the structure.

Density. That portion of a tract developed with garden apartments shall not exceed a net density of 12 units per acre and, for townhouses and other multifamily types, six units per acre.

At least 20% of the total land area of the development shall be dedicated to open space and recreation area. The Land Development Board shall establish a schedule of improvement of the open space and recreation areas, as appropriate, and said schedule shall call for the bonding of all such improvements prior to the issuance of any building permits and for the completion of all such improvements prior to the issuance of building permits for more than 25% of all the dwelling units in the development. Where the development consists of multiple stages or sections within one overall general development plan or preliminary approval, no more than 10% of the dwelling units shall have permits issued prior to bonding of all such improvements; and until such improvements are completed, building permits may be issued for only 35% of all the dwelling units in the development. All required open space and recreation areas shall be improved for the purposes intended as shown on the plan.

Pedestrian/bicycle shared system (bike lanes).

Share the road. The following proposed levels of travel occur within the existing or proposed motor vehicle travel way. Pavement widths represent a minimum design treatment for accommodating bicycle traffic. The widths as provided for in this section shall be based upon providing sufficient pavement for shared use of a roadway for motor vehicle and bicycles.

Where a buffer is required along a side or rear property line, a strip of land at least 20 feet wide shall be designated as a buffer area. Buffer areas shall adjoin residential property lines and be of uniform width. In no case shall the width of the buffer be required to exceed 20% of the lot width or depth. If the resulting buffer width based on a percentage of the lot width or depth is less than 20 feet, the applicant may be required to erect and landscape a six-foot-high visual barrier of plantings or a landscaped earthen berm parallel to the lot line and set back a distance appropriate for the landscaping treatment. Buffer areas between parking/loading areas and streets shall be at least 15 feet wide.

Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass by the owner. Any screen planting shall be maintained permanently, and any plant material which does not live shall be replaced within one year or one growing season.

No structure, activity, storage of materials or parking of vehicles shall be permitted in a buffer area except access drives from public streets and sidewalks.

Plantings.

The approving authority shall have the power to waive any of the buffer requirements if it determines that an adequate buffer can be provided in less than 20 feet while maintaining the purposes of this section. In considering any waiver request, the approving authority shall review the proposed plat and the standards and purposes for buffers considering the location and setback of buildings and parking areas; outdoor illumination; topographic features of the area; existing features such as trees and streams; the efficiency, adequacy and safety of the proposed layout of driveways, streets, sidewalks and paths; the adequacy and location of existing buffer areas; the proposed uses; and similar features.

A landscape buffer shall be provided along the rear and side lot lines for all community/power retail center establishments.

A buffer planting within the required front yard shall be provided for all community/power retail center establishments. No structure or activity shall be permitted within the required front yard setback except for access drives. The required landscaping within this area shall conform to the standards as set forth within this section.

Buffers required under the section shall be installed as follows:

Facades greater than 100 feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least three percent of the length of the facade and extending at least 20% of the length of the facade. No uninterrupted length of any facade shall exceed 100 horizontal feet.

All facades that face public streets and/or adjoining residential zoning districts and/or dwellings shall have arcades, display windows, entry areas, awnings or other such architectural features along no less than 60% of their horizontal length.

Where principal buildings contain additional retail establishments which occupy less than 25,000 square feet of gross floor area, with separate, exterior customer entrances, the following shall apply:

Building facades shall include a repeating pattern that shall include no less than three of the elements listed below. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than 30 feet, either horizontally or vertically.

Variations in rooflines should be used to reduce the massive scale of the larger buildings. Roofs shall incorporate at least two of the following elements:

Exterior building materials and colors shall be of high quality and include the following:

Facade colors shall be subtle, portraying neutral or earth tone colors. The use of high intensity colors, metallic colors, black or fluorescent colors is discouraged.

Building trim and accent areas may feature brighter colors, including primary colors. Neon tubing may be an acceptable feature for building trim or accent areas only with specific approval from the Board.

Entryways.

All sides of a principal building that directly face an abutting public street shall feature at least one customer entrance. Where a principal building directly faces more than two abutting public streets, this requirement shall apply only to two sides of the building.

Pedestrian accessibility, safety, shelter and convenience within the center grounds and the connection to adjacent neighborhoods should be provided to reduce traffic impacts and project a pleasing pedestrian oriented image. The following standards shall apply:

Community and public spaces.

Signs. Conformance with § 130-55 et seq. of this chapter shall be required except where a conflict is evident. The standards within this section shall control the sign standards for a commercial/power retail center establishment. Signs should be integrated into the building facade and/or landscape design. One wall-mounted sign is permitted for each facade fronting a public road for the principal use and each individual tenant, but not to exceed a maximum of two attached signs per retail establishment. Their aggregate area shall not exceed the equivalent of 10% of the area of the facade in which the sign is attached, including window and door areas. In addition, one freestanding sign per lot frontage advertising the name of the community/power retail center or the anchor retail establishment shall be permitted. The sign shall be located on the same lot as the retail center, but no closer to the intersection of two street lines than 50 feet, not exceeding six feet in height and no closer to the right-of-way than 10 feet. The sign area shall not exceed 60 square feet. Temporary promotional advertising signs shall be prohibited from attachment to any portion of the buildings.

The purpose of this section is to provide flexibility in residential design, to encourage energy conservation through flexibility in building orientation, to reduce residential development costs and to provide a method of preserving land for agriculture, open space, common property, conservation, schools, recreation, parks and land for other public purposes by permitting a reduction in residential lot size without increasing the number of lots or permitted number of dwelling units. Cluster development shall be permitted only in those zoning districts for which a cluster lot size is indicated for detached dwellings in the Schedule of Limitations.[1]

Cluster developments may be approved, provided that:

Lands offered to the Township or homeowners' association shall meet the following requirements:

Concurrence of governing body procedure. A copy of any proposed dedication of land to the Township shall be transmitted to the governing body and be subject to the approval of the approving authority and the governing body. Both shall be guided by the Master Plan, the ability to assemble and relate such lands to an overall plan and the accessibility and potential utility of such lands to serve the intended purpose and such existing features as topography, soils, wetlands and tree cover as these features may enhance or detract from the intended use of the land.

Unless waived by the approving authority, concrete curb shall be installed along all streets and along all edges of pavement within a site. The standard curb section shall be 10 feet in length with preformed bituminous cellular-type expansion joint material on not more than twenty-foot centers and shall be set in accordance with approved lines and grades, and radial curbs shall be formed in a smooth curve. The finish shall be a smooth float finish with corners rounded. Concrete curbs shall be six inches by eight inches by 18 inches (six inches exposed face), having a twenty-eight-day compressive strength of 4,000 pounds per square inch, and shall be air-entrained.

Barrier-free curb ramps shall be constructed in accordance with the Design Standards for Curb Ramps for the Physically Handicapped of the New Jersey Department of Transportation.

Where curbs are waived or where alternate curbs are allowed, such as granite block or rolled concrete curb, an appropriate method of stabilizing the edge of paving, controlling erosion and managing stormwater shall be incorporated in the design.

Combination curb and gutter will be allowed in all areas and shall be required whenever the street profile or gutter gradience is less than 1%.

The time of concentration used in computing stormwater runoff shall be the equivalent of the time required for water falling at the most remote point of the drainage area to reach the point in the drainage system under construction.

Computation of flow rate.

Storm drainage pipe and culverts shall be reenforced concrete. Reenforced concrete pipe shall conform to the American Society for Testing and Materials standard specifications for Reenforced Concrete Culvert, Storm Drain and Sewer Pipe; Reenforced Concrete Arch Culvert, Storm Drain and Sewer Pipe; and Reenforced Concrete Elliptical/Culvert, Storm Drain and Sewer Pipe.

Storm sewer pipelines.

The pipe size determined to be adequate for the runoff computed shall be increased by at least one standard pipe size for the type of pipe being used in order to provide adequate allowance for the normal accumulation of sediment and debris in the storm drainage system.

Standard headwalls or flared end sections shall be used at locations where stormwater enters or exits piping. In cases where the pipe size is 24 inches or greater, trash bars shall be installed.

When pipe sizes change at a point of juncture, such as an inlet or manhole, the inside top elevations (overts) of the pipes shall be matched.

The minimum slope of any pipe shall be such that a minimum velocity of 2.5 feet per second shall be maintained when the pipe is flowing 1/4 full. Submerged pipes shall not be permitted.

All culverts shall be limited to a single opening. Multiple pipes shall be discouraged due to the increased probability of accumulating debris.

Inlets shall be located at curb radius tangent points of all intersections so as to intercept surface water prior to flowing across the intersection. When surface water is collected from two directions at one street corner, inlets should be placed at the tangent points of both ends of the radius. The use of one inlet in the radius is not permitted. Inlets in streets shall be located on both sides, at intervals not exceeding 400 feet.

Inlets.

The gutter grade of all inlets shall be set not less than two inches nor more than four inches below the gutter grade. The surface of the paving adjacent to the inlets shall be constructed to blend into the lowered gutter grade at the inlet in such a manner that a sudden dropoff or dip at the inlet will not be created. At such locations where drainage entirely depends on inlets, the collecting capacities of the inlets shall be designed for 1 1/2 times the preceding specified capacities.

Access manholes shall be spaced at a maximum of four-hundred-foot intervals where there are no inlets.

Dished gutters on Township streets shall be permitted only at intersections involving minor streets. Dished gutters shall not be permitted on arterial, primary or secondary streets.

All development and site plans shall incorporate on-site, stormwater detention or retention facilities, unless specifically exempted by the Land Development Board upon recommendation of the Township Engineer.

Basins shall be designed to limit the stormwater runoff to a controlled rate of flow equal to or less than the stormwater runoff prior to development. The required storage in the basin should be for a twenty-five-year storm (developed site), with the outflow from the basins limited to a ten-year storm (undeveloped site). Complete calculations for the basin should be supplied at the time the preliminary plans are submitted. These calculations should include runoff prior to development, runoff after development and complete calculations for design.

The design calculations should be based on time intervals of five to 10 minutes and indicate inflow, average inflow by time interval, outflow, average outflow by time interval, incremental change in storage and height of water in the basin.

All basins shall be designed to completely empty after a rainstorm occurs and will have standing water for only a short period during or immediately following the storm. The basins shall have provisions for emergency overflow, while maintaining a freeboard of at least one foot. The emergency spillway shall have suitable means of erosion protection, such as concrete or grouted stone.

Detention basin designs shall include calculations showing sizing of the outfall piping. Where retention basins are being proposed, the design must be accompanied by soil logs, percolation rates and computations of time to empty the basin by percolation. Soil logs shall extend at least 10 feet below the proposed basin bottom and shall include the elevation of seasonal high water table.

In all cases where a permanent pool pond (either existing or proposed) is included in the development, the pond shall be designed with a minimum depth of six feet and shall be so designed as to prevent the growth of aquatic materials, to prevent wet and swampy conditions around or near the edges of such pond and to provide adequate freeboard to function as a normal retention pond.

Impoundment retention basins along any stream that maintains a steady flow of water throughout the year may be constructed, provided that such facilities shall be designed to meet the standards and have the approval of the New Jersey Department of Environmental Protection and Energy and shall have the proper amount of sustained water flow downstream, the proper water depth to control vegetation and the proper design to prevent water stagnation in any part of the pond.

Fencing around detention ponds shall be required at the Board's discretion depending on the probable volume and depth of water detained, the proximity of the pond to populated areas and the general nature of the installation. Where required, fencing shall be at least four feet high and located as approved by the Land Development Board.

All detention basins shall have concrete low - flow channels connecting all basin inlet pipes into the basin outlet control structure.

Drainage and utility easements shall be along side and/or rear property lines where possible, shall not be less than 20 feet wide, shall be dimensioned on the plat, shall provide for maintenance access, shall prohibit plantings or construction and shall be identified as follows: "Drainage/Utility easement granted to the Township of Lumberton as provided for in the Development Regulations Ordinance."

The removal of trees and ground cover shall be prohibited in a conservation easement or floodplain except for the following purposes: the removal of dead or diseased trees; the limited thinning of trees and growth to encourage the most desirable growth; the removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds or lakes; and to provide pathways, recreation areas or similar open space improvements as approved on the plat by the approving authority. Within a conservation easement, unless otherwise permitted by the approving authority, no buildings or structures shall be permitted, including but not limited to fences, walls, paved surfaces, signs, sheds, swimming pools, garages and recreation equipment.

Sight triangle easements shall be as per § 130-54.

Prior to submitting a preliminary plat, the applicant may present an overview of the natural limitations of the site to guide the layout of the proposed development. Maps may be submitted showing soil types, topography, slopes, surface water, aquifers, depth to water table, flood plains, vegetation, foundation limitations, erosion potential and septic suitability. Little or no text need accompany this data at this stage. Through this procedure, major areas of concern can be identified and agreed upon by use of this generalized data at an early stage in order to avoid development designs that will encroach upon the major environmental problem areas. Where environmentally sensitive areas identified by this general data must be encroached upon, the environmental impact report submitted at the preliminary plat stage can analyze the problem in more detail based on on-site evaluations, but limiting the analysis to the smaller areas of concern.

The preliminary plat shall be accompanied by an environmental impact report complying with the following, unless as a result of data submitted prior to the preliminary plat, the approving authority shall have waived or modified certain portions of these requirements.

Population impact: an analysis of the number of people expected to be added to the municipal population as a result of the proposed development, according to the following age groups: preschool-aged children, school-aged children, parents of family-bearing age, middle-aged adults and retired people.

School impact: an analysis of the anticipated number of pupils who will be added to the student population in the municipality and a statement by the relevant school authorities as to the ability of the existing public school facilities to absorb the expected student population during a ten-year time period and the expected cost of any required building additions and/or increased teaching staff.

Facilities impact: statements by the relevant authorities as to the adequacy of the existing facilities, including the adequacy of existing public water facilities and library facilities. Should such facilities be determined to be inadequate to serve the proposed development, the applicant shall indicate remedies, either expected from other sources or proposed by the applicant, or any combination thereof, along with the estimated costs for any additional facilities proposed by the applicant.

Service impact: statements by relevant authorities as to the adequacy of the existing services proposed by the Township to serve the proposed development and the impact of the development upon the services, including police protection, fire protection, first aid, emergency management, solid waste disposal and recycling and street maintenance services.

Traffic impact: an analysis of the existing road network available to serve the proposed development, as well 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 development as well as the increase in traffic volumes expected from other developments within the area; and any problem spots on the overall road network, including unsafe intersections, turns or grades.

Financial impact: an analysis of the revenues expected to be generated .

Affordable housing impact: an analysis of the anticipated number of affordable housing that will be generated from said projects, as per the Council on Affordable Housing Third Round Substantive Rules (N.J.A.C. 5:94) and Procedural Rules (N.J.A.C. 5:95).

Fences and walls shall be located within the property lines and shall not be located in any required sight triangle, nor shall they be located within any public right-of-way or drainage, utility or conservation easement.

Fences and walls located between the street line and the required front yard setback line in Residential and Rural Agricultural Districts shall not exceed four feet in height. This regulation applies to all street frontages on corner lots. Fences and walls located in the required front yard setback area shall have open space in the fencing for light and air representing at least 50% of the fence area, except for reverse frontage lots, which shall be permitted to place fencing no closer than 30 feet to the street line on which there is reverse frontage in order to conform with the added lot depth and buffer requirements of this chapter, as set forth in § 130-58B, and such fencing along the buffer plantings shall be limited to a height of six feet.

Fences and walls located between the street line and the nearest point of the building in the Historic/Architectural District shall not exceed four feet in height. This regulation applies to all street frontages on corner lots. Fences and walls located within this front yard setback area shall have open space in the fencing for light and air representing at least 50% of the fence area.

Fences and walls shall not exceed six feet in height when located more than the setbacks set forth in Subsections B and C above in a Residential, Historic/Architectural or Rural Agricultural Zone.

Fences and walls located around agricultural uses and utility uses shall have no height limitation. Fences and walls located around commercial and nonresidential uses in nonresidential zoning districts shall have no height limitation. Fences and walls located around nonresidential uses other than agricultural and utility uses in Residential, Historic/Architectural or Rural Agricultural Zoning Districts shall conform to the height and setback requirements set forth in Subsections B and C hereunder.

If barbed wire or a similar fencing device is used, it shall be considered a part of the fence for purposes of determining the fence height.

Fences and walls constructed as a part of a townhouse development may have zoning permits issued directly to the property owner, provided that the fence or wall is shown on an approved site plan for the entire townhouse development.

Wherever a central water supply system serves a development, provision shall be made for fire hydrants along streets and/or on the walls of nonresidential structures as approved by the Fire Official.

Where there are streams or ponds, facilities shall be provided to draft water for fire-fighting purposes. This shall include access to an approved street suitable for use by fire-fighting equipment and construction of or improvements to ponds, dams or similar on-site development, where feasible. Such facilities shall be constructed to the satisfaction of the Fire Official and Municipal Engineer.

No topsoil shall be removed from areas intended for lawn and open space. Topsoil moved during the course of construction shall be redistributed on the project site so as to provide for the average depth of topsoil in existence prior to disturbance or a minimum of at least six inches of cover to all areas, whichever is greater, provided that all berms shall have a minimum depth of topsoil of 12 inches.

As a supplement to the soil provisions of the Code of the Township of Lumberton, this section requires that no soil shall be removed from or be imported to any site within the Township of Lumberton without prior approval of the Land Development Board, except and in accordance with the following:

No topsoil shall be removed from the Township of Lumberton except as provided in Subsection B(2) and (3) above unless the Township Administrator determines that there is no other site or land within the Township of Lumberton where it can be placed within a reasonable time.

Prior to the issuance of any certificate of occupancy for any improvement on a site which required major subdivision and/or major site plan approval and thus is subject to the approvals required by this section, the applicant shall conduct such soil boring tests as are deemed necessary to verify that the final amount of topsoil meets the standards required by this section.

New structures, or the renovation of existing structures, shall be constructed in any architectural style that is consistent with other historic sites and structures within the H/A District. These buildings shall reflect concepts of contemporary construction methods, techniques and materials yet remain compatible with the historic character of the Township of Lumberton. All new development in the H/A District shall incorporate design features inspired by and consistent with the other structures within the H/A District.

No building or structure shall hereafter be erected, reconstructed, altered, restored or demolished within an Historic/Architectural District or on an historic site as identified in the adopted Historic Preservation Plan Element of the Master Plan unless and until an application for a building permit shall have been approved as to exterior or architectural features which are subject to public view from a public street, way or place. When facades of any building other than the rear facade face public streets or pedestrian walkways, such facades shall include architectural elements consistent with the primary facade, such as but not limited to window treatment, design details, and materials. The Historic/Architectural District and the historic sites shown on the Lumberton Village and Eayrestown Village Historical/Architectural Inventory dated 1974 in the Historic Preservation Plan Element of the Master Plan, and otherwise referred to in the text of that plan element, are hereby designated as an historic district and historic sites in accordance with the requirements of the Municipal Land Use Law.

It shall be the duty of the Building Inspector, in consultation with the Land Development Board Engineer, to review all plans for construction, alteration, repair, moving or demolition of structures in an Historic/Architectural District and to submit only those applications to the Land Development Board which involve changes to roofs, siding, windows, doors, porches, railings, steps, fences, additions, garages, and substantial changes in existing exterior architectural features. All building permits which are for routine and necessary maintenance involving replacement with in-kind work and materials will not require Land Development Board review and approval. The Land Development Board, on those applications sent to it, shall then make its recommendations to the Building Inspector as to approval or disapproval of the plans under this section within 45 days, except where mutual agreement has been reached for an extension of the time limit or where interested parties have offered an objection. Failure of the Board to act within the specified time shall constitute approval of the application. If the Board disapproves the plan under this section, the Building Inspector shall deny the application for a building permit. It shall be the duty of the Building Inspector, in consultation with the Land Development Board Engineer, to determine what shall constitute a substantial change.

The following standards and regulations shall apply in the Historic/Architectural District and shall be in addition to the schedule of limitations for such areas:

The Land Development Board shall have the power to engage experts to aid in its deliberations. The Land Development Board shall have the power to issue a certificate of approval if it approves of the plans submitted to it for its review. On any application forwarded to the Land Development Board for its review, a building permit shall not be issued until such certificate of approval has issued.

Upon approval of the plans, the Land Development Board shall cause a certificate of approval dated and signed by the Chairman to be issued to the applicant or affixed to the plans.

In the case of disapproval, the Land Development Board shall state its reasons therefor, in writing, and it may make recommendations to the applicant with respect to appropriateness of design, arrangement, material and the like of the structure involved.

Nothing in this chapter shall prohibit repairing or rebuilding any structure in the Historic/ Architectural District so as to maintain or return the structure to its original condition prior to deterioration or destruction, provided that the structure was built prior to 1875.

Denial of an application may be appealed to the Land Development Board. On appeals to the Land Development Board following the denial of an application by the Building Inspector, the Land Development Board shall be controlled by the standards set forth in this section in considering the merits of the application.

The procedure for appeal to the Land Development Board shall be as required by statute and this chapter and pursuant to the existing rules and regulations of the Land Development Board.

Membership by all owners of property or interests in the project shall be mandatory. The 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 to own and maintain such open space or property for the benefit of such development. Thereafter such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to the municipality(ies) wherein the land is located.

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

The organization shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of its covenants, model deeds and articles of incorporation. The master deed shall state that every tenant and property owner shall have the right to use all common properties. The document given to the owners and tenants shall have a foreword with a concise summary of the major principles embodied in the full document.

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

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

Commercial and industrial properties. All area lighting shall be provided with translucent fixtures and shields around the light source. The light intensity at ground level shall be a maximum of 1.0 footcandle. The total quantity of light radiated above a horizontal plane passing through the light source shall not exceed 7.5%. For special purposes, more intense lighting may be permitted, provided that additional shielding and/or planting buffer are included and approved as part of the plat to reduce off-site effects. No lights shall shine or reflect into adjacent windows. No lights shall be of a rotating, pulsating or other intermittent frequency. Ground-mounted exterior light fixtures, which produce off-site glare, shall be prohibited. Any commercial or industrial property that is adjacent to a residential property shall comply with § 130-38B, Residential properties, standards listed below along the common property line.

Residential properties. All exterior lighting, whether mounted to the principal building, accessory structure or pole, shall be directed onto the property owner's property without substantial spillover onto adjoining properties. Light spillage of more than 0.2 footcandle onto adjacent properties shall be prohibited. Light shields and/or buffer plantings may be used to achieve the required light spillage standard. Pole-mounted lights shall be a maximum of 10 feet high.

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

Each lot must front upon an approved paved street.

Corner lots. Corner lots shall be of sufficient size to allow building setbacks to meet front yard requirements along each street. Any principal or accessory building located on a residential corner lot shall have a minimum setback from both street lines equal to that required for the front yard setback. The remaining yards shall meet the requirements for side yards. There shall be no rear yard requirement. For nonresidential uses, accessory structures and uses shall not be required to meet the minimum setback from both street lines equal to the required front yard.

Extra width for street widenings to comply with an adopted Master Plan or Official Map shall either be dedicated or, if not dedicated, shall be anticipated by increasing the lot size in anticipation of the future right-of-way.

Where there is a question as to the suitability of a lot due to flood conditions, high-water table or poor visibility at street and driveway intersections or where percolation tests or test borings show the ground conditions to be inadequate for proper sewage disposal or similar circumstances, the approving authority may withhold approval of such lot or require deletion of such lot with the area merged into an adjacent lot.

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

Any nonconforming lot legally existing on the date of adoption of this chapter and not meeting the definition of the previous subsection may have a building permit issued for a permitted use without an appeal for a variance, provided that the building coverage is not exceeded, the new structure does not violate any height or setback requirements, parking requirements are met and the nonconforming lot is the largest possible assemblage of contiguous land under the preceding subsection. The side and rear yards may be reduced to the same percentage that the area of the undersized lot bears to the zone district requirements (e.g., if the lot is 75% of the minimum lot size, the side and rear yards may be reduced to 75% of the minimum), except that no yard shall be less than half that required by the chapter or five feet, whichever is greater. All lots within developments and/or sites developed in accordance with the terms and conditions of the R-2.0 Residential Low-Density District, as they existed prior to a recent amendment to the Zoning Ordinance, (Ordinance No. 2002-8) shall continue to be regulated by same regulations and standards under which the development occurred without regard to the fact that they now may be in a different zone or subject to different regulations or standards. These developments and/or sites shall continue to be regulated by the R-2.0 standards in existence at the time that the lots were developed.

Whenever land has been dedicated to the Township to meet the minimum street width requirements or to implement the Official Map or Master Plan, the Building Inspector shall not withhold a building and/or occupancy permit when the lot depth and/or area was rendered substandard due to such dedication and where the owner has no adjacent lands to meet the minimum requirements.

The development of lots as “flag lots” is strongly discouraged and will be permitted by way of a variance governed by the standards of N.J.S.A. 40:55D-70(c).

Abandonment.

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

Any existing permitted use on a conforming lot which violates any yard requirements may have additions to the principal building or have an accessory structure erected without an appeal for a variance, provided that the total permitted building coverage shall not be exceeded and the proposed addition or accessory structure does not violate any of the setback requirements of the zoning district. Also, see the provisions of § 130-39G of this chapter.

Subdivision of lots. An existing lot whose area and/or dimensions are sufficient to permit a subdivision, but where a structure exists on the lot with one or more setback violations, may nevertheless be subdivided without an appeal for a variance, provided that the subdivision itself does not create any new zoning violations and does not increase the severity of the existing setback violation such as moving the lot line even closer to the existing building.

Essential off-site and off-tract improvements shall be installed or a performance guaranty furnished in lieu thereof, with the total cost borne by the developer.

Advisable off-site and off-tract improvements are those which, although not essential, would promote the objectives of this chapter and can be most appropriately accomplished in connection with the development. Where such improvements are required as a local improvement by the Township and the costs are to be assessed against all properties specially benefited thereby (including the property of the developer), the following provisions shall apply:

Access to and from nonresidential and multifamily residential developments. Drives shall be limited to two to any street, except when the frontage exceeds 500 feet, the number of drives may be based on one drive for each 250 feet of property frontage. The center lines of access points shall be spaced at least 65 feet apart. Each drive shall handle no more than two lanes of traffic; be at least 100 feet from the street line of any intersecting street; and be at least 20 feet from any property line. Curbing shall be either depressed at the driveway or have the curbing rounded at the corners with the access drive connected to the street in the same manner as another street.

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

Buffers. Parking area for six or more vehicles and loading areas for nonresidential uses shall be buffered from adjoining streets and residential uses meeting the objectives of § 130-26.

Curbing. Parking areas containing six or more spaces and all off-street loading areas shall have concrete curbing around the perimeter in conjunction with a drainage plan. In lieu of concrete curbing, the approving authority may accept equivalent methods of defining the edge of paving, preventing vehicles from encroaching upon nonpaved areas, controlling drainage and guiding traffic circulation. Curbing or any alternative shall be ramped in accordance with the Design Standards for Curb Ramps for the Physically Handicapped of the New Jersey Department of Transportation.

Dimensions.

Drainage. Facilities shall be installed in accordance with good engineering practice as approved by the Township Engineer and in accordance with the drainage provisions of § 130-29. Where subbase conditions are wet, springy or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least 12 inches below the subgrade and filled with a suitable subbase material as determined by the Municipal Engineer. Where required by the Engineer, a system of porous concrete subsurface drains shall be constructed beneath the paving and connected to a suitable drain. Parking spaces shall have a minimum grade of 1.0%.

Surfacing shall be approved as part of the plan approval. Areas to experience heavy traffic, e.g., driveways and loading areas, shall be paved over a stable subbase with not less than four inches of compacted, plant-mixed bituminous stabilized base course in layers of not more than two inches compacted thickness, or equivalent, plus a minimum two-inch thick compacted wearing surface of bituminous concrete (FABC) or equivalent. Areas to experience lighter traffic, e.g., parking spaces, shall have paving of three inches of compacted base course and 1.5 inches compacted wearing surface of the same material. All shall be constructed in accordance with the Standard Specifications of the New Jersey Department of Transportation. Speed bumps or similar devices which have the intent of providing physical obstructions to inhibit speeding, consisting of raised or depressed portions of driveways in off-street parking areas, shall not be permitted.

Landscaping within parking and loading areas shall be shown on the site plan, including the buffer requirements in § 130-26. Trees shall be spaced so as not to interfere with driver vision, have branches no lower than eight feet and be placed at the rate of at least one tree for every 10 parking spaces. All areas between the parking area and the building shall be landscaped with trees, shrubs and ground cover. Any plantings which do not live shall be replaced within one year or one season. A majority of the parking spaces for lots with more than 50 cars shall be obscured from streets by buildings, landscaped berms, natural ground elevation or plantings, singly or in combination. Landscape islands shall be provided at each end of a parking bay. These islands shall include a concrete curb and be a minimum width of eight feet to accommodate shade tree planting. Every effort should be made to break up the scale and moderate the environment of the parking lot.

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

Minimum parking requirements. The number of parking spaces for each use shall be determined by the number of dwelling units, the amount of gross floor area as defined in this chapter or such other measure as noted below. Where a particular function contains more than one use, the total parking requirements shall be the sum of the component parts, unless indicated otherwise.

Location.

Waiver of parking or loading requirements. The Land Development Board may waive all of the loading requirements or a portion of the parking requirements of this section, provided that the following requirements are met:

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

Storage and waste disposal. No materials shall be deposited so they can be transferred off the lot, directly or indirectly, by natural forces such as precipitation, surface water, evaporation or wind. All materials which might create a pollutant or be a safety hazard or health hazard shall be stored indoors and/or be enclosed in appropriate containers to eliminate such pollutant or hazard. No flammable or explosive substance shall be stored on a property except under conditions approved by the Fire Department. No bulk storage of materials or equipment shall be in any front yard, nor closer to any street line than 100 feet and no closer to any side or rear lot line than the minimum setback for the principal buildings. Each site shall provide appropriate area(s), properly screened from adjacent property, for the orderly deposit and pickup of trash and garbage.

The planned development provisions shall supersede any conflicting portions of this chapter.

Proposals for maintenance and conservation of the common open space shall be reliable. Any private organization shall be established in accordance with the homeowners' association provisions in § 130-37. The amount, location and purpose of the common open space shall be adequate for the use intended.

The design for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment shall be adequate and comply with appropriate portions of the Master Plan.

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

A development contemplating construction over a period of years shall provide adequate terms and conditions to protect the interests of the public and residents, occupants and owners of the development and the end of each stage and upon completion of the development.

Before final approval, the applicant shall submit a development schedule in one or more stages as contained in § 130-19A(2), including the location and mix of housing types in each stage. The housing mix at the end of any stage (except for the final stage) shall not deviate more than 20% from the approved final mix of unit types and cost ranges related to the provision of low- and moderate-income housing. Failure to adhere to the schedule shall mean no other stages of the development or new development by the same principals shall be considered until the stage in default is completed.

Definition. "General development plan" means a comprehensive plan for the development of a planned development.

Minimum tract size: 100 acres (contiguous or noncontiguous).

Timing of application. A developer may submit an application to the Land Development Board for approval of a general development plan prior to the granting of preliminary subdivision or site plan approval of that development by the Land Development Board.

Public notice of hearing. Public notice of a hearing on an application for general development plan approval shall be required in accordance with the requirements of § 130-9 (Public hearings).

Timing of Land Development Board decision. The Land Development Board shall grant or deny general development plan approval within 95 days after submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Land Development Board to act within the period prescribed shall constitute general development plan approval.

Required contents of the general development plan. The general development plan shall set forth the permitted number of dwelling units, the amount of nonresidential floor space, the residential density and the nonresidential floor area ratio for the planned development, in its entirety, according to a schedule which sets forth the timing of the various sections of the development. The planned development shall be a development plan approved by the Land Development Board notwithstanding any provision of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), or an ordinance or regulation adopted pursuant thereto after the effective date of the approval.

Duration.

Information that is required to be submitted for general development plan approval:

General development plan; timing schedule; modification.

Electric, telephone and cable television distribution supply lines and service connections shall be installed underground except for those serving lots which abut streets with existing overhead lines. Should a road widening or an extension of service occur as a result of the development, any replacement, relocation or extension of existing overhead lines shall be underground.

Where soil conditions, woods or other special conditions exist, the developer may apply to the approving authority for an exception from the terms of this section in accordance with § 130-13. To the extent practical, poles shall follow rear lot lines and other interior locations or be located where visual impact will be minimized.

General standards.

Open channel system.

Pipe systems.

Purpose. The Township of Lumberton finds that reducing the amount of solid waste and conservation of recyclable materials is an important public concern and is necessary to implement the requirements of the SWMA and the County Plan. Areas for the collection of recyclables on residential properties should be designed to effectuate collection of material in a safe and sanitary manner and should be sized to meet current industry standards for volumes and containers.

Statutory authority. This section is adopted pursuant to P.L. 1987, c. 102 (effective April 20, 1987), N.J.S.A. 40:48-2, 40:66-1 and 40:49-2.1 and any amendments adopted thereto.

Definitions. As used in this section, the following definitions shall apply:

Design standards.

Construction. The terms and provisions of this section are to be liberally construed, so as best to achieve and to effectuate the goals and purposes hereof. This section shall be construed in pari materi with the SWMA and the County Plan.

In the review of site plans and subdivisions, the approving authority shall consider the methods proposed for the handling of solid waste and recyclable materials. At a minimum, single-family developments consisting of 50 or more units, multifamily residential developments consisting of 25 or more units and all nonresidential developments calling for the utilization of 1,000 or more square feet of land shall make provision for the collection, disposition and recycling of recyclable materials, and the method of providing for such collection, disposition and recycling shall be indicated in the submissions for site plan or subdivision approval.

During construction of any major subdivision residential development, adequate storage and waste disposal arrangements shall be provided as outlined in § 130-45B of this Code entitled "Performance standards."

No building permit shall hereafter be issued for any detached single-family dwelling to be erected in a major residential subdivision if the dwelling is substantially alike in exterior design and appearance with any neighboring dwelling. The term "neighboring dwelling" shall be defined as a dwelling situated on the same side of the street, within two lots (including detention basin/open space lots). Said "neighboring dwelling" may be one already in existence or one for which a building permit has been issued or is pending. This restriction shall not apply where the front elevations are not visible from any one point or if it is substantially like the one building most directly opposite its front orientation. On a cul-de-sac, lots which have any portion of their lot frontage on the arc of the turnaround shall be considered to be on the same side of the street for the purposes of this section. Houses shall be considered dissimilar in exterior design and appearance if they possess at least three of the following six characteristics:

In addition to the requirements specified above, there shall be no fewer than three separate basic house designs in every residential subdivision consisting of eight or more lots; no fewer than four basic house designs where there are 15 or more lots; and no fewer than five basic house designs where there are 25 or more lots.

To ensure conformity with the provisions of this section, no building permit shall hereafter be issued for more than one dwelling in any housing development, except as provided herein, until an engineer's survey or architect's drawing of the entire tract, or part to be developed, has been submitted to the Zoning Officer, showing thereon or on a schedule attached thereto the model number, type and design of each house. The survey or drawing shall show the dimensions of each house in sufficient detail to allow a determination to be made as to its similarity or lack thereof with other houses proposed for the development. In order to provide market flexibility, it shall not be necessary to select specific house designs for each lot at the outset, but in the alternative, these decisions can be made as requests for building permits are submitted. The developer shall have the responsibility to provide the Zoning Officer with sufficient information at any stage in the development process to assure that the provisions of this section are addressed throughout the development.

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

Ingress and egress shall be designed to recognize the turning movements generated. Access points shall be coordinated with the access points required for nearby uses, frequency of intersecting side streets, minimizing left turns off collector and arterial streets and maintaining building setbacks compatible with the required setbacks and landscaping. No service station shall have an entrance or exit for vehicles within 300 feet of any school, playground, church, hospital, public building or residential zoning district line, except where such property is on another street which the lot in question does not abut.

All gasoline pumps, air pumps and the islands upon which pumps are normally located shall be set back from any property line and the street right-of-way line at least 50 feet. A minimum space of 20 feet shall exist between any two islands and between any island and the service station building.

No more than 12 motor vehicles may be located outside a service station building for a period not to exceed five days, provided that the owners are awaiting the repair of said motor vehicles.

The exterior display and parking of equipment for rent or sale shall be permitted, provided that the area devoted to this purpose is in addition to the minimum lot size required for a service station, the area devoted to this purpose does not exceed 20% of the total area of the service station site, the maximum sign area for a service station is not exceeded and the location of the equipment being rented or sold does not interfere with the required off-street parking requirements for the service station and does not interfere with the on-lot traffic circulation indicated on the approved site plan.

All planted trees shall have a minimum diameter of 2.5 inches measured six inches above the ground and be of a species approved by the approving authority. Trees shall be planted no more than 50 feet apart in a planting easement along all new streets and located a minimum of 10 feet behind the street line but no more than 1/2 of the required front yard setback for the principal building. They shall be balled and burlapped, nursery-grown, free from insects and disease and true to species and variety. Stripping trees or filling around trees in the yard portion of a lot shall not be permitted unless it can be shown that grading requirements or thinning necessitate removal of trees, in which case those lots shall be replanted to reestablish the tone of the area and to conform with adjacent lots. Planted trees that do not live shall be replaced by the developer during the next planting season. Parking lots shall be planted as required in Off-street parking and loading, § 130-44.

In placing "street trees" or "shade trees," the following trees are permitted for use within the Township of Lumberton, and variation from this list is subject to the approval of the Land Development Board at the time of site plan approval:

No tree shall be planted which does not conform or be among the shade trees set forth above. The shade tree easement shall restrict rights of any property owner to remove a shade tree from the planting easement without the approval of the Planning Board. All shade trees shall be installed prior to the issuance of a certificate of occupancy, unless provided for by a performance guaranty with notification to the purchaser of any lot burdened by the easement that shade trees will be installed subsequent to their purchase, indefinites the species being installed and sets forth the restrictions on removal set forth within the easement. A signed copy of the notification executed by the purchaser of the lot shall be filed with the Construction Official's office prior to a certificate of occupancy issuing.

Sidewalks are typically designed for pedestrian speed and maneuverability and are not safe for higher speed bicycle use. Conflicts are common between pedestrians traveling at low speeds and bicycles. Sidewalks shall be required in areas that link high-density residential areas with schools, public areas and employment centers. The criteria established for providing sidewalks is as follows:

Sidewalks shall be at least four feet wide and may be constructed of concrete, brick or bituminous material. Concrete sidewalks shall be Class C concrete having a twenty-eight-day compressive strength of 4,000 pounds per square inch, shall be air-entrained and shall be four inches thick except at points of vehicular crossing where they shall be at least six inches thick. Sidewalks crossing driveways shall be reinforced at the midpoint or 1/3 joints with welded wire fabric (66-1212) or equivalent. If constructed of macadam, sidewalks shall adhere to the bikeway standards. Sidewalks of other approved material shall be constructed as approved by the approving authority upon the advice of the Municipal Engineer. Where sidewalks cross curbs, curb ramps shall be provided as outlined in § 130-28 of this Code. Performed joint material shall be placed on concrete sidewalks at no more than twenty-foot intervals and where sidewalks abut curbing or a structure.

In the event that it is determined, in the Board's discretion, that the installation of a sidewalk is inappropriate for a particular development, the developer shall be required to contribute to a Sidewalk Fund in the Township of Lumberton. The Sidewalk Fund shall be created for the installation and maintenance of sidewalks elsewhere throughout the Township. It shall be comprised of contributions to be made by developers and based on an amount equal to the approximate construction cost of said sidewalks, to be determined by the Township Engineer.

Streets with a designated speed limit of 20 miles per hour at 210 feet.

Streets with a designated speed limit of 30 miles per hour at 310 feet.

Streets with a designated speed limit of 40 miles per hour at 415 feet.

Streets with a designated speed limit of 50 miles per hour at 515 feet.

Streets with a designated speed limit between those indicated above shall be interpolated between the above standards.

No person shall erect, alter or relocate any sign without a sign permit, unless exempted under the following provisions. Normal maintenance and the removal of a sign shall not require a permit.

General regulations shall be as follows:

Signs within each district shall be permitted as follows:

If a sign is proposed on a site which otherwise requires the review and approval of a subdivision, site plan, variance or historical review by the Land Development Board, no sign permit shall be issued until the Board has reviewed and approved the sign. The sign permit procedure for all other cases shall be as follows:

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

All developments shall be served by paved streets. The approving authority shall classify new streets according to the Master Plan. All utilities, drains and other facilities located under the road paving shall be installed prior to the placing of any road surfacing material. Streets not shown on the Master Plan or Official Map shall provide for the appropriate extension of existing streets, conform with the topography as far as practical and allow for continued extension into adjoining undeveloped tracts.

Residential development bounded by any arterial or collector street shall control access to said streets by having all driveways intersect minor streets. Where circumstance(s) may dictate that a driveway shall enter an arterial or collector street as an exception, the lot shall provide on-site turnaround facilities, and abutting lots may be required to share one curb cut. All lots with reverse frontage shall have a thirty-foot buffer provided in addition to all other lot size requirements of this chapter. Said buffer area shall consist of a berm which shall be a minimum of four feet in height at its highest point. The bermed buffer area shall be planted with nursery-grown evergreens to provide an effective screen. Additional tree plantings may be provided to improve the appearance of the bermed buffer. The buffer area shall be stabilized with appropriate ground cover which, if mowable, shall have a maximum slope of three feet horizontal to one foot vertical. All plantings shall be according to a landscaping plan and the buffer and shade tree sections of this Article.

Rights-of-way.

No reserve strips shall be approved except where the control and disposal of land comprising such strips has been given to the governing body.

Where a development adjoins or includes existing streets that do not conform to widths shown on the Master Plan, Official Map or this chapter, additional land along both sides of said street sufficient to conform to the right-of-way requirements shall be either dedicated or anticipated in the development design by creating oversized lots in a subdivision and increased building setbacks on a site plan to accommodate the future widening. The additional widening may be offered to the Township and, if offered, shall be expressed on the plat as follows: "Street right-of-way easement granted to the Township of Lumberton." If the development is along one side only, 1/2 of the required extra width shall be anticipated.

Local streets shall be designed to discourage through traffic. No street shall have a grade less than zero and 0.75%. The cross section of the cartway from the center line to the curbline or edge of paving shall not exceed a slope of 2%.

Four-way intersections involving local streets shall be avoided wherever possible. Intersecting street center lines shall not be less than 75°. Approaches to all intersections shall follow a straight line for at least 100 feet measured along the curb. No more than two street center lines shall meet or intersect at any one point. Collector and/or arterial streets intersecting from opposite sides of a street shall either be directly opposite each other or be offset at least 250 feet between center lines. Any development abutting an existing arterial or collector street shall have no more than one new street every 800 feet on the same side of the street. Intersections shall be rounded at the curbline with a curbline radius based on the street with the largest radius: arterial streets at 40 feet; collector streets at 30 feet; and local streets at 20 feet.

Sight triangles shall be provided as required in § 130-54.

A tangent between reverse curves on arterial and collector streets shall be at least 200 feet. Street curves shall have a radius conforming to standard engineering practice but also providing a minimum sight distance within the curbline of 160 feet for a local street, 300 feet for a collector street and 550 feet for an arterial street.

Guardrails may be required by the approving authority at drainage structures, streams, embankment limits and curves. Timber or weathering steel guardrail is preferred and shall meet New Jersey Department of Transportation standards. Alternate designs may be used if submitted and approved as part of the application.

Dead-end (cul-de-sac) streets and accessibility.

No street shall have a name which duplicates or nearly duplicates in spelling or phonetic sound the name of existing streets so as to be confused therewith. The continuation of an existing street shall have the same name. The names of new streets shall be approved by the approving authority.

Streets shall be constructed in accordance with the following standards and specifications. Roadways, including subgrade, subbase, base courses and pavements, shall be constructed in accordance with New Jersey Department of Transportation Standard Specifications, as modified herein. All subsurface utilities, including service connections to each lot (terminating at least two feet behind any sidewalk) and all storm drains, shall be installed prior to the construction of final pavement surfaces.

Recycled materials may be used in the base and subbase courses only if specifically permitted by the Township Engineer. No recycled materials will be permitted in the surface course of pavements.

Residential pools shall be installed only on lots containing a residence.

Swimming pool location, Historical/Architectural (H/A) and R-75 Districts.

Swimming pool location, other districts.

Required pool setbacks shall be measured from the nearest inside wall of the pool.

Swimming pool coverage. The water surface area of a swimming pool shall occupy no more than 20% of the rear yard area and in the case of a corner lot or reverse frontage lot, no more than 20% of the required rear yard for the zoning district.

Fencing. Fencing shall be required around all swimming pools in accordance with the Uniform Construction Code[1] and other regulations of Lumberton Township.

Other regulations. Any pool shall meet the requirements of Chapter 253, Swimming Pools, and Chapter 298, Swimming Pools, Sanitation of, of the Code of the Township of Lumberton.

Subject to the conditions set forth in this section, and to plan approval, new telecommunications towers and antennas shall be permitted as conditional uses in all nonresidential zoning districts within the Township of Lumberton and upon the proposed new Municipal Complex located on Municipal Drive. Telecommunications towers and antennas shall not be permitted in the RA Rural Agricultural District; RA/STDR Sending Area District; RA/R-1 TDR Receiving Area District; RA/R-2 TDR Receiving Area District; RA/R3 TDR Receiving Area District; RA/R4 TDR Receiving Area District; RA/R5 TDR Receiving Area District; RA/ST TDR Transition Area District; R-1.0 Residential Low-Density District; R-2.0 Residential Medium-Density District, with the exception of Block 19, Lot 2.01, upon which said use shall be permitted as a conditional use; R-6 Residential Townhouse District; R-75 Residential District; and H/A Historic/Architectural Area District.

Preexisting towers and antennas. Wireless telecommunications towers that existed on the date of the adoption of this section (nonconforming wireless telecommunications towers) are subject to the following provisions:

General requirements for towers and antennas.

Additional submission requirements.

Design requirements. Telecommunications towers shall be of a monopole design unless the Board determines that an alternative design would better blend into the surrounding environment.

Violations and penalties.

No open space providing front, side or rear yard space for one building shall be considered as providing the yard provisions of another.

A lot with frontage on two or more streets, including corner lots, shall have a building setback from each street not less than the required front yard.

Projections.