For the purpose of this title, unless otherwise expressly stated, all performance standards enumerated in the regulations of the New Jersey Uniform Construction Code (N.J.A.C. 5:23-1 et seq.), the Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.), the City Property Maintenance Code, and the City Engineering, Utility and Landscape Standards, including all amendments and revisions thereto, are herewith adopted by resolution and included by reference in this title.

As a condition to continuance of any building process, installation, construction or other use in any zone, the applicant shall supply evidence satisfactory to the approving board that the proposed use will conform fully with all the applicable performance standards stated herein. As evidence of compliance the approving board may require certification of tests by appropriate government agencies or by recognized testing laboratories, and cost thereof shall be borne by the applicant. The approving board may require that specific improvements be installed and that operating procedures be followed if government agencies or testing laboratories determine that the use requires such in order to assure compliance with performance standards.

(Ord. No. O-050703, 6-6-07)

A.

Smoke Control. No smoke shall be emitted from any chimney or other source as visible gray greater than permitted by the most current standards enforced by NJDEP and/or the Middlesex County Health Department, and the New Jersey Air Pollution Control Act (NJAC 7:27, NJAC 7:27A, NJAC 7:27B).

B.

Control of Dust, Dirt, Fly Ash, Fumes, Vapors and Gasses.

1.

No emission shall be made which can cause any danger to health, to animals, or vegetation or other forms of property or which can cause excessive soiling at any point.

2.

No emission of liquid or solid particles from any chimney or device shall exceed the most current standards enforced by NJDEP and/or the Middlesex County Health Department, and the New Jersey Air Pollution Control Act as amended (NJAC 7:27, NJAC 7:27A, NJAC 7:27B).

C.

Control of Odors. There shall be no emission of odorous matter in such quantities as to be offensive. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained. As a guide in determining offensive odors, the most current standards, enforced by NJDEP and/or the Middlesex County Health Department shall prevail.

D.

Control of Glare or Heat. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence in such a manner as to be completely imperceptible from any point beyond the lot line.

E.

Control of Vibration. No vibration which is discernible to human sense or feeling without instruments shall be permitted at any point beyond any property line.

F.

Control of Radioactivity or Electrical Disturbance. There shall be no activities which emit dangerous or harmful radioactivity. There shall be no disturbance adversely affecting the operation of any equipment located beyond the property line of the creator of such disturbance.

G.

Outdoor Storage and Waste Disposal.

1.

No flammable or explosive liquids, solids, or gasses shall be stored in bulk above ground; however, tanks or drums of fuel directly connecting with energy devices, heating devices, or appliances located on the same lot as tanks or drums of fuel are excluded from this provision.

2.

All outdoor storage facilities or fuel, raw materials and products stored outdoors shall be enclosed by a fence adequate to conceal the facilities from any adjacent properties.

3.

Materials or wastes shall not be deposited upon a lot in such form and manner that they may be transferred off the lot by natural causes or forces.

4.

All material or wastes which may 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 in closed containers.

5.

Compliance with the New Jersey Solid Waste Management, as amended shall be required (NJSA 13:1E et seq.).

H.

Industrial Waste or Sewage. No use shall be conducted in such a way as to discharge any treated or untreated sewage or industrial waste into treatment and disposal facilities except as shall be approved by the health officer and city engineer.

I.

Provisions and Use of Water. All water requirements shall be stated in the permit application.

(Ord. No. O-050703, 6-6-07)

Unless otherwise regulated by the state of New Jersey through the application of the Residential Site Improvement Standards (NJAC 5:21-1.1 et seq.), all subdivision and site plan developments shall comply with the requirements established herein and the construction specifications established by the city of New Brunswick Engineering, Utility and Landscape Standards. In reviewing the aforementioned types of land development, the approving authority shall consider the following general requirements which are more specifically set forth in this title:

A.

Pedestrian and vehicular traffic movement within and adjacent to the site with particular emphasis on the provision and layout of parking area, off-street loading and unloading, movement of people, goods and vehicles from access roads within the site, between buildings and between buildings and vehicles, and the unrestricted circulation of emergency vehicles.

B.

The approving authority shall ensure that all parking spaces are usable and safely and conveniently arranged. Access to the site from adjacent roads shall be designed so as to minimally interfere with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the site.

C.

The design layout of building and parking areas shall be reviewed so as to provide an aesthetically pleasing design and efficient arrangement. Particular attention shall be given to safety and fire protection, impact on surrounding development and contiguous and adjacent buildings and lands.

D.

Adequate lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be a type acceptable to the approving authority. Lights shall be arranged so as to shield glare and reflection of adjacent properties.

E.

Buffering shall be located around the perimeter of the site to shield headlights of vehicles and activities from adjacent properties when necessary. Buffering may consist of fencing, evergreen, shrubs, bushes, deciduous trees or combinations thereof, to achieve the stated objective.

F.

Landscaping shall be provided as part of the overall site plan or subdivision design and integrated into building arrangements, topography, parking and buffering requirements. Landscaping may include trees, bushes, other groundcover, perennials, annuals, plants, sculpture, and other works of art.

G.

Signs shall be designed so as to be aesthetically pleasing, harmonious with other signs on the site and in the area, and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians.

H.

Storm drainage, sanitary waste disposal, water supply and garbage disposal shall be reviewed and considered. Particular emphasis shall be given to the adequacy of existing systems, in relationship to the cumulative impact of the development proposed, and the need for improvements, both on-site and off-site, to adequately carry run-off and sewage, and to maintain an adequate supply of water at sufficient pressure and quality.

I.

Garbage disposal shall be reviewed to ensure frequent collection, vermin and rodent protection, and aesthetic considerations. All systems shall meet city standards specifications as to installation and construction. All required state and county recycling mandates shall be accommodated.

J.

Environmental elements relating to soil erosion, preservation of trees and vegetation, protections of watercourses and resources, noise, topography, soil and animal life, air quality, floodplains, wetlands, coastal zones and groundwater resources shall be reviewed and the design of the plan shall minimize any adverse impact on these elements.

(Ord. No. O-050703, 6-6-07)

A.

Streets.

1.

General.

a.

Streets, driveways, parking and service areas shall provide safe and convenient access for users to buildings and structures and shall provide safe and convenient access for service and emergency vehicles. Streets shall be laid out so as to discourage outside traffic from traversing the development on minor streets, occupy more land than is required to provide access, or create unnecessary fragmentation of the development into smaller blocks. In general, block size shall be the maximum consistent with the use and shape of the site and the convenience and safety of the occupants, and shall be reflective of the adjacent patterns of development.

b.

The proposed street system shall conform to the standards set forth in the city of New Brunswick Engineering, Utility and Landscape Standards (the city standards).

2.

Alignment.

a.

General.

i.

Roads shall be related appropriately to the topography. All streets shall be arranged so as many of the building sites as possible are at, or above, the grade of the streets. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided.

ii.

All streets shall be properly integrated with the existing and proposed system of thoroughfares and dedicated rights-of-way established in the master plan. All thoroughfares shall be properly related to special traffic generators such as industries, business districts, schools, churches, and shopping centers. Population densities and the pattern of existing and proposed land uses shall be analyzed as to function and anticipated traffic volumes.

iii.

Local roadways shall be laid out to conform as closely as possible to the topography, to discourage use by through traffic, to permit efficient drainage and utility systems, and to require the minimum number of streets necessary to provide convenient and safe access to property.

iv.

In business and industrial developments, the streets and other access ways shall be planned in connection with the grouping of buildings, location of rail facilities, and the provisions of truck loading and maneuvering areas, and walks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian traffic.

b.

Access Limitations.

i.

In the case of subdivisions or site plans abutting major or minor arterials, one of the following shall be required at the discretion of the approving board:

(a)

A marginal access road shall be provided along the arterial and shall be separated from it by a raised divider strip at least eight feet in width;

(b)

The frontage shall be reversed so that the lot contiguous to such arterials will front on an internal street, with a planted buffer strip at least fifty (50) feet in width, provided along the arterial roadway;

(c)

Such other means of separating through from local traffic shall be provided, as the approving board may determine to be appropriate. Suitable buffers in conformance with the buffer criteria enunciated in this title shall be provided.

ii.

Vehicular access to local roadways from off-street parking and service areas may be directly connected to the local roadway, provided that the parking stalls are offset from the cartway by a minimum of ten (10) feet. Vehicular access to other streets from off-street parking and service areas shall be located as to channel traffic to and from those areas conveniently, safely, and in a manner which minimizes traffic friction and promotes free traffic flow.

iii.

Reserved.

iv.

No more than two driveways of not less than twenty (20) feet or more than thirty (30) feet in width for means of ingress and egress for any parking area shall be permitted for each three hundred (300) feet of frontage upon a public street. No driveway shall be located closer than fifty (50) feet from the intersection of two streets and acceleration and deceleration lanes shall be provided where physically possible. The angle of any intersection shall not be less than seventy-five (75) degrees.

v.

Access to residential units shall be from local roadways where possible. Where access is from a collector or arterial roadway, on-site turnarounds or other means shall be provided to allow for head-on street access.

vi.

No driveways shall be located closer than fifty (50) from the sidelines of the intersection of two streets.

vii.

Two Points of Residential Access. Each residential development of twenty (20) or more dwelling units shall have two or more points of access. Nothing in this section shall preclude the approving authority from requiring a second point of access in developments containing less than twenty (20) residential units if the approving authority determines that a second point of access is required in the interest of health, safety, and welfare of the public.

c.

Extensions.

i.

Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions, or unless in the opinion of the approving board such extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing street layout or the most advantageous future development on adjacent tracts.

ii.

The arrangement of streets shall provide for the continuation of principal streets between adjacent properties when such continuation is necessary for convenient movement of traffic, effective fire protection, efficient provision of utilities, and where such continuation is in accordance with the master plan. If the adjacent property is undeveloped and the street must be a dead-end street, the right-of-way shall, except where reserved, be extended to the property line.

iii.

A temporary cul-de-sac turn around, and/or "T" or "L" shaped turn around shall be provided on all dead-end streets, with the notation on the subdivision plat that land outside the normal street right-of-way shall revert to the abutters whenever the street is continued. The approving board may limit the length of dead-end street in accordance with the design standards of these regulations or as found in the residential site improvement standards.

iv.

Where a street does not extended to the boundary of the subdivision and its continuation is not required by the approving board for access to adjoining property, its terminus shall not be nearer to such boundary than fifty (50) feet. However, the approving board may require the reservation of an appropriate easement to accommodate drainage facilities, pedestrian or bicycle traffic, or utilities. A cul-de-sac turn around shall be provided at the end of all permanent dead-end streets in accordance with the city standards or the residential site improvement standards as appropriate. For greater convenience to traffic and more effective police and fire protection, permanent dead-end streets shall, in general, be limited in length at the discretion of the approving board, to the extent permitted by the Residential Site Improvement Standards.

d.

Street Grade and Intersections.

i.

No more than two streets shall cross the same point. Street intersections shall be at right angles whenever possible and intersections of less than seventy-five (75) degrees, measured at the centerline of streets, shall not be permitted, unless otherwise regulated by the RSIS.

ii.

Two streets which do not cross at the same points shall be offset (centerline intersection) along the thru-street in accordance with the following:

(a)

Minor street or urban collector = 150′ minimum.

(b)

Collector = 200′ minimum.

(c)

Light and minor arterials = 350′.

(d)

Major arterial = 500′ minimum.

iii.

The approach of any collector roadway to any intersection of another collector roadway or arterial roadway shall follow a straight-line course within one hundred (100) feet of the intersection.

e.

Block and Lots.

i.

All blocks shall have sufficient width, where physically possible to provide for two tiers of lots of appropriate depths.

ii.

The lengths, widths and shapes of blocks shall be such as are appropriate for the neighborhood and the type of development contemplated, but block lengths in residential areas shall not exceed one thousand two hundred (1,200) feet or be less than four hundred (400) feet.

iii.

Looped streets shall be preferred to stub or cul-de-sac and no dead-end street shall exceed a length of seven hundred (700) feet, unless turn-around areas are provided at a rate of one for each six hundred (600) linear feet, or as regulated by the RSIS.

iv.

The approving board may require the reservation of an easement through the block to accommodate utilities, drainage facilities, or pedestrian traffic.

f.

Sight Triangles.

i.

Where applicable, the regulations of the RSIS shall be met.

ii.

Easements for sight at roadway intersections, in the shape of triangles and in a form approved by the approving board attorney, shall be dedicated to cover the area bounded by the right-of-way lines and a straight line connecting "sight points" on the street center lines. Within these sight easements, plantings shall be restricted to low-spreading varieties of plants and shrubs of not more than thirty (30) inches in height at maturity or trees with the lowest branches ten (10) feet or higher above the ground.

iii.

Proper sight distance should be provided at the intersections of ingress and egress of nonresidential driveways, or driveways which service parking lots or residential groups of four or more dwelling units, by establishing sight triangles in accordance with the current city standard specifications. Within these sight triangles, plantings should be restricted to low spreading varieties of plants and shrubs of not more than thirty (30) inches in height at maturity.

3.

Profile.

a.

Right-of-way.

i.

The right-of-way of a roadway shall be measured from lot line to lot line and shall be sufficiently wide to contain the cartway, curbs, shoulders, sidewalks, graded areas, utilities, and shade trees.

ii.

The right-of-way width of a new street that is a continuation of any existing street shall in no case be continued at a width less than the existing street.

b.

Cartway Width.

i.

Where applicable, the regulations of the RSIS shall be met.

ii.

In order to provide for streets of suitable location, width, and improvements to accommodate prospective traffic and afford satisfactory access to police, firefighting, snow removal, sanitation, and road maintenance equipment, and to coordinate roads so as to compose a convenient system and avoid undue hardships to adjoining properties, the design standards for roads, set out in the city standards, are hereby required.

4.

Pavement. Street pavement thickness, sub-grade properties and pavement type shall be constructed as set forth in the city standards, unless superseded by the RSIS.

a.

Shoulders, Curbs and Gutters. Unless superseded by the RSIS, the following standards shall apply:

i.

Curbing shall be required for drainage purposes, safety, and delineation and protection of pavement edge.

ii.

Curbs shall be constructed according to the specification set forth in the city standards. All residential development shall use Belgium block curb.

iii.

Curbing shall be designed to provide a ramp for bicycle and/or barrier-free access.

iv.

Curbing shall be provide along both sides of all subdivision streets and adjacent to the edge of all aisles, drives, and off-street parking areas.

v.

Full pavement, sidewalks and curbs must be constructed across the entire frontage of a development and be dedicated to the right-of-way.

b.

Shade Tree Areas.

i.

All developments shall be provided with street trees planted at three-inch calipers, center on an average of fifty (50) feet, with a maximum spacing no greater than seventy (70) feet.

ii.

Shade trees shall be located within a tree easement of ten (10) feet width. The trees shall be planted so as not to interfere with utilities, roadways, sidewalks, sight easements, or streetlights.

iii.

Shade tree areas shall be planted with grass groundcover or treated with other suitable cover material.

iv.

All shade trees shall be planted at a minimum three-inch caliper at planting.

5.

Signs.

a.

Design and placement of traffic signs shall follow the requirements specified in the Manual on Uniform Traffic Control for Streets and Highways (Latest Edition), published by the US Department of Transportation and adopted by the DOT.

b.

At least two street name signs shall be placed at each four-way street intersection and one at each "T" intersection. Signs shall be installed under light standards and shall be free of visual obstruction. The design of street name signs should be of a style appropriate to the community, of a uniform size and color, and erected in accordance with local traffic safety standards.

c.

Site information signs shall follow a design theme related and complementary to other elements of the overall site design.

6.

Names.

a.

Street names and development names shall not duplicate or nearly duplicate the names of existing streets or developments in the city or surrounding communities.

b.

The continuation of an existing street shall have the same name.

(Ord. No. O-062501, § IX, 6-18-25; Ord. No. O-050703, 6-6-07)

Except as superceded by the RSIS, the following standards shall be met.

A.

Pedestrian and Cyclist Ways.

1.

Designated walkways shall form a logical, safe and convenient system for pedestrian access to all dwelling units, project facilities and principal off-site pedestrian destinations. Where appropriate, pedestrian pathways, and bikeways may replace sidewalks.

2.

Walking distance in the open between dwelling units and parking spaces, delivery areas and trash and garbage storage areas intended for use of occupants shall be minimized.

3.

Walkways to be used by substantial numbers of children as play areas or routes to school or other destination shall be so located and safeguarded as to minimize contacts with automotive traffic. If substantial bicycle traffic is anticipated, bicycle paths shall be incorporated in the circulation system.

4.

Major roadway crossings should be held to a minimum on the walkways, and shall be located, designed and appropriately marked for safety. Walkways may be connected with other easements and used by emergency or service vehicles, but shall not be used by other automotive traffic.

5.

Routes for pedestrian and cyclists entering or leaving a development shall be arranged to provide safe and convenient access. Pedestrian crossings at edges of development shall be safely located, marked and controlled. Fences or other barriers may be used to restrict crossings where there is substantial exposure of pedestrians to automotive traffic at access points. Bicycle and/or bridle paths, if provided, shall be coordinated with the pedestrian walkway system so that bicycle, equestrian, and street crossings are combined wherever feasible.

B.

Bikeways. Bicycle lanes, where required, shall be placed in the outside lane of the roadway, adjacent to the curb or shoulder. When on-street parking is permitted, the bicycle lanes shall be between the parking lane and the outer lane of moving vehicles. Lanes shall be delineated with markings, preferably striping. Raised reflectors or curbs shall not be used.

C.

Sidewalks.

1.

Sidewalks shall be constructed along public and private streets in accordance with the city standards.

2.

Sidewalks shall be placed in the right-of-way, parallel to the street. In commercial areas, sidewalks may abut the curb.

3.

Pedestrian-way easements at least ten (10) feet wide may be required by the approving board through the center of blocks more than six hundred (600) feet long to provide access to schools, playgrounds, shopping or other community facilities.

4.

Sidewalk width shall be four feet, except that: (a) wider widths may be required at the discretion of the approving board near pedestrian generators and employment centers; and (b) where sidewalks abut the curb and cars overhang the sidewalk, widths shall be six feet.

5.

Sidewalks and graded areas shall be constructed according to the specifications set forth in the city standards.

6.

The approving board may require easements of a suitable width to facilitate pedestrian access from public or private streets, to schools, parks, playgrounds, or other nearby streets. Such easements shall be indicated on the final plan of the subdivision or site plan.

(Ord. No. O-050703, 6-6-07)

A.

General. In all developments, the following building design standards shall apply:

1.

All buildings shall be located with proper consideration of their orientation and relationship to other buildings, both existing and proposed, in terms of light, air, and usable open space, access to public right-of-ways and off-street parking, height and bulk, drainage and existing topography, trees and vegetation, and other natural features and land forms;

2.

Groups of related buildings shall be designed to present a harmonious appearance in terms of architectural style and exterior materials;

3.

Buildings shall be designed to be attractive from all vantage points including, without limitation, fences, storage areas and rear entrances;

4.

Accessory building exteriors should be architecturally treated in the same manner as principal buildings;

5.

All exterior storage areas and service yards, loading docks and ramps, electrical and mechanical equipment enclosures, storage tanks and the like shall be screened from the public view, both inside and outside the development, by a fence, wall, berm or mature landscape materials, or any combination thereof, compatible with the exterior design of buildings within the development;

6.

Colors, materials, and finishes shall be coordinated in all exterior elevations of buildings to achieve continuity of expression. All roof and wall projections such as gutters, flues, louvers, utility boxes, vents, grills, downspouts, exposed flashing, and overhead doors shall be painted or installed with an anodized or acrylic finish in color to match adjacent surfaces;

7.

All openings in the wall of a building such as windows and doors should relate to each other on each elevation, vertically and horizontally, in a clearly defined order, and should take into account orientation to the sun for sun-shading and consideration of the efficiencies of heat loss and gain through such openings;

8.

Buildings and parking areas should be designed to relate to existing grade conditions. Exposed basement walls are not acceptable as an architectural treatment for residential development. All exposed basement walls must be treated to relate properly to the overall exterior design of the building;

9.

Appurtenances such as, but not limited to, tanks, condenser units, HVAC, and other equipment shall be fully screened from view;

10.

Building design and site arrangements shall allow for public pedestrian access and sidewalks within the area, unless sidewalks and pedestrian circulation are provided for within the adjoining right-of-way or the public street. Where the required front yard setback for the zone is greater, the zone regulations shall take precedence.

B.

Open Space and Recreation Design Standards. All proposed playground areas in a development shall conform to the following minimum standards:

1.

Playground equipment shall be set back a minimum of six feet from the edge of the designated playground area; provided however, that the said setback shall be ten (10) feet with respect to slides, swings, and other equipment utilizing moving parts.

2.

The playground equipment shall be constructed on a surface of no less than six inches in depth composed of a suitable material approved by the approving board; provided however, that in the case of playground equipment which incorporates decks or other components having a height of six feet or more, such depth shall be increased to a minimum of ten (10) inches. For purposes of this section, "suitable material" shall include wood fiber, fine sand, manufactured resilient rubber padding, or firm wood chip. Such materials shall not include pea gravel, grass, fill dirt, topsoil, course sand, or large course wood chips.

3.

Paved recreation accessory uses, such as, but not limited to, tennis courts, basketball courts, etc., shall be governed by accessory bulk requirements of the zone within which it is situated.

C.

Non-Residential Development Design. For commercial and industrial development, the following building design standards shall apply:

1.

Exterior materials shall include appropriate texture and trim to prevent large undifferentiated façades of the same material.

2.

All roof planes or caps meeting the exterior façade shall have overhangs or appropriate cornice and trim details.

3.

All major entrances to buildings shall be properly identified with architectural elements such as recessed entranceways, projected overhangs and porticos.

4.

Flat roof canopies on metal pipe columns shall not be used on commercial buildings.

5.

Window and door openings shall include appropriate trim and either recesses or overhangs to promote a harmonious variety of light and shade on the façade of the building.

6.

Buildings and structures used for functional purpose, such as warehouses, indoor sports facilities, and manufacturing facilities, shall include appropriate landscaping adjacent to façades in the public view.

D.

Fences.

1.

The following materials are prohibited for use as fencing materials on any lot:

a.

Barbed wire or concertina wire;

b.

Sharp pointed materials of any type to form the top of the fence;

c.

Canvas;

d.

Cloth;

e.

Electrically charged fences;

f.

Temporary fences such as, but not limited to, snow fences, expanded fences and collapsible fences upon a lot with a dwelling or structure on it, except that temporary fences shall be permitted to protect any hazardous condition or for tree protection purposes during construction and/or excavation.

2.

All fences shall be constructed with the face or finished side facing adjacent properties.

3.

Living fences shall be maintained in a neatly trimmed condition and shall not extend into adjacent properties. Living fences along roadsides and at road intersections must also be maintained in order to prevent any sight line obstruction.

4.

Fences shall be constructed in a manner so as not to restrict the flow of natural drainage or cause surface water to be blocked or dammed to create ponding.

5.

Fences around swimming pools shall meet the requirements as established in the Swimming Pool Safety Devices Section of the New Jersey State Uniform Construction Code (NJSA 52:27D-119 et seq.).

6.

Fences proposed at any new construction project shall be included as part of the site plan proposal presented for consideration before the approving board.

7.

All fences shall be constructed in strict compliance with the fence bulk requirements set forth in Section 17.04.050 of this title.

(Ord. No. O-050703, 6-6-07)

A.

Purpose. The purposes of these provisions are to provide proper guidelines and specifications for landscaping of all development. Landscaping shall be defined as the means of improving the aesthetic value of a project for project sites through the use of grass, groundcovers, plantings, shrubs, and trees in a coherent manner consistent with good design practices. It is specifically intended to accomplish the following purposes:

1.

To improve the aesthetics of a building site by the blending together of various unrelated elements into a harmonious whole;

2.

To reduce air and sound pollution;

3.

Regulate solar radiation and wind control;

4.

To provide flood control;

5.

To influence the type and speed of pedestrian and vehicular traffic flow;

6.

To reduce visual discomfort by screening out glare and reflection;

7.

To stabilize soils by preventing soil erosion and otherwise restore a building site to a balanced environment wherever a project causes excessive removal of existing vegetation.

B.

Site Protection.

1.

Topsoil.

a.

Topsoil removed during the course of construction shall be redistributed at the site on all regarded surfaces. At least six inches of even cover shall be added to all disturbed areas of the development and shall be stabilized by seeding or planting.

b.

All slopes and minor drainage swales over ten (10) percent, and all major drainage swells shall be sodded or stabilized by other means acceptable to the approving board upon review and recommendation of the city engineer. Before construction of the development has begun, selected samples of the existing topsoil at various locations of the site shall be taken as directed by the municipal engineer and shall be sent to Rutgers University for analysis and classification. During the course of construction, as lots are finished as to grading, seeding, etc., selected samples shall again be taken as directed by the municipal engineer and sent to Rutgers University for analysis, classification and comparison with the original sample of the general area to determine whether top soil has been properly preserved and redistributed.

c.

In residential developments with rear yard areas, a usable rear yard area shall be created to equal to the width of the dwelling and graded back from the rear dwelling wall a minimum of twenty-five (25) feet with grades of not less than 0.5% to a maximum ten (10) percent.

2.

Slopes.

a.

Landscaping of the area of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with groundcover appropriate for the purpose of soil conditions, water availability, and environment.

b.

Changes of grade levels may be achieved by any combination of the following methods, and the minimum standards shall be in accordance with the construction specifications:

i.

Raised flowerbeds constructed with timber, railroad ties, brick, brick veneer, pre-cast stone, rock, stone or similar materials.

(a)

Pre-cast planters, as well as planters constructed on-site, shall have property designed drainage or weeping holes and shall incorporate proper footings where required.

ii.

Terracing Designed to Prevent Soil Erosion and Utilizing.

(a)

By grade, levels of soil within turf providing grade differential;

(b)

Raised terrace of flagstone, brick pre-cast concrete, cobblestone or installed concrete slab;

(c)

Wood decking over footing;

(d)

Below grade terracing with low retaining walls.

iii.

Retaining Walls. With properly installed weep and drainage holes, on proper footings, with approved anchorage and supports. Materials may be of, but not limited to, timber, railroad ties, brick, cinder block, brick veneer, rock, stone, pre-cast concrete with veneered surfaces or any similar materials approved by the municipal engineer. Structural and loading calculations for any proposed retaining wall shall be submitted to the city engineer for review and approval. The design of the retaining wall shall include a safety railing, as required by BOCA.

iv.

Other Sloping Techniques.

(a)

Rock gardens, reflecting pools, artificially cycled fountains, waterfalls, formal and/or informal sunken gardens.

(b)

Landscaped swales and depressed walkways of tank bark, wood chips. pine needles, pebbles or sand.

(c)

Incorporation of berms, mounding of soil on-site, either natural or man made, may be used to achieve changes of grade provided it is properly landscaped with turf or groundcover.

(d)

Ravine slopes, drainage and swale slopes, steep stream banks properly landscaped with permanent groundcover, drywall, rock or similar material, or rock gardening so as to prevent soil erosion and promote plant growth. These may be terraced or slope graded, subject to the review and approval of the city engineer.

c.

Steep slopes, slopes of twenty-five (25) percent or greater, shall be further controlled under the steep slope regulations found in Section 17.07.100 of this chapter.

3.

Stream Corridors.

a.

The objective of landscaping of stream valleys and other water features is to protect adjacent, upstream and downstream, private and public lands from direct and substantial increased flood damage from:

i.

Increased flood heights and velocities due to obstructions in waterways;

ii.

Increased siltation caused by erosion;

iii.

Increased runoff;

iv.

Incompatible land uses adjacent to brooks or streams, springs, creeks, and estuaries of both tidal and fresh water.

b.

Specific Requirements.

i.

Subject to contradictory regulations promulgated by the DEP, all streams, estuaries, creeks, brooks, tributaries, and flood plains (hereinafter referred to as streams) shall comply with the following regulations:

(a)

All streams shall be properly de-snagged of all extraneous debris, dead and decaying vegetation.

(b)

All banks shall be protected from erosion caused by runoff, flooding, or wind damage. Protection against erosion may be achieved by, but not limited to, the use of permanent groundcover vegetation, drywall construction or any approved combination of the same. The encouragement of plants and shading vegetation is desired.

(c)

A conservation area of a minimum fifty (50) feet in depth from the centerline of said stream shall be clear of all extraneous debris and dead and decaying vegetation. The area may incorporate appropriate approved selective thinning, the result of which will encourage the healthy woodland growth of existing trees and shrubs, which enhance the degree of recharge. No removal of shrubs, trees, etc., on the list of New Jersey Protected Trees will be permitted. Landscaping of this buffer zone is permitted in keeping with a natural setting. The type and amount of vegetation cover shall encourage the stabilization of the soil and prevent erosion and increased runoff.

4.

Woodlands and Trees.

a.

Protection of Existing Plants.

i.

Maximum efforts should be made to save existing trees, especially specimens of plantings that are unique due to their relative size or rarity.

ii.

No material or temporary soil deposits shall be placed within four feet of shrubs or ten (10) feet of trees designated to be retained on the subdivision plat or site plan.

iii.

Protective barriers or tree wells shall be installed around each tree, plant and/or group of trees or plants that are to remain on the site during and after construction. The barrier shall be installed before any tree removal permit or construction permit is issued. Barriers shall not be supported by the plants they are protecting, but shall be self-supporting; they shall be a minimum of four feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.

iv.

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

(a)

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

(b)

Retaining walls are to be constructed around each tree or group of trees immediately after the grade is lowered. The retaining wall is to be constructed of railroad ties, or any other suitable material subject to the approval of the municipal engineer.

v.

Any clearing within six feet of tree trunks must be done by hand. No equipment is to be placed over this area and no building materials are to be attached against the tree or within the area of the aforementioned barrier.

vi.

No tree is to support any scaffolding, signs, temporary utility or any other devices. Topsoil is to be stockpiled in an area at least eight feet from any tree designated to remain.

b.

Removal of Debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials, or other debris shall be removed prior to occupancy and disposed of in accordance with the law. No tree stumps, portions of tree trunks or limbs, shall be buried anywhere on site. 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 municipal engineer, be used as mulch in landscaped areas.

c.

Existing Vegetation. In all developments, the developer shall be required to preserve as much of the existing vegetation as possible. The preservation of existing healthy trees along roadways may reduce the requirements for the planting of additional street trees, otherwise set forth herein.

C.

Planting.

1.

General.

a.

In residential developments, in addition to the screening and street trees required, additional plantings or landscaping elements shall be required throughout the subdivision or site plan where necessary for privacy, or for aesthetic reasons, in accordance with a planting plan approved by the approving board.

b.

In nonresidential developments, all areas of the site not occupied by a building and required improvements shall be landscaped by the planting of grass or other groundcover, shrubs and trees and trees or the preservation of existing groundcover in accordance with a planting plan approved by the approving board.

c.

Minimum Plantings. The equivalent of at least two shrubs and one shade or ornamental tree of two and one-half-inch caliper or greater shall be provided for each one thousand five hundred (1,500) square feet, or part thereof, in a residential development not covered by buildings or improvements and for each one thousand (1,000) square feet or part thereof of non-residential development. Existing healthy specimen trees may be included in satisfying these requirements. These plantings shall be in addition to any other landscaping requirements, including landscaping off-street parking areas and buffer areas.

d.

The periphery of all buildings and the yard areas, not covered by parking and not subject to other special landscaping requirements contained herein, shall be suitably landscaped. Such landscaping shall employ low-maintenance, hardy shrubs, hedges, groundcover, and trees as well as gravel, mulch, decorative concrete and brick.

e.

On slopes, the landscape plan shall include plantings to prevent erosion.

f.

Along major roads, the plantings should buffer the adjoining uses from noise and lights.

g.

The overall landscaping plan should "break up" long buildings and screen off-street parking, service and utility areas. The plan should provide for a variety of different species to protect against monocultural disease attacking all of the plantings. A variety should be selected with consideration for various seasons and for differing colors, textures, shapes, blossoms, and foliage.

h.

The landscape plan should be particularly sensitive to local soil conditions, water availability, topography, and climatological factors.

2.

Parking Areas.

a.

All parking lots of ten (10) or more spaces for both residential and nonresidential developments shall conform to the landscaping design standards set forth herein.

b.

All parking lot landscaping shall be of such quality as to improve and enhance the site and its surrounding areas. Appropriate places for landscaping include at the end of parking rows or bays, and specifically planting islands established throughout the lots. In narrow islands, low spreading and low maintenance plants, such as English ivy, creeping juniper, myrtle or pachysandra, shall be utilized. Where more space is available, yews or juniper shall be utilized.

c.

The primary landscaping materials used in parking lots shall be salt tolerant trees that provide shade or are capable of providing shade at maturity. Shrubbery, hedges and other planting material may be used to complement the tree landscaping, but shall not be the sole contribution to the landscaping. Effective use of earth berms and existing topography is also encouraged as a component of the Landscape Plan, particularly along the perimeter of parking fields.

d.

The landscaping and planting areas shall be reasonably dispersed throughout the parking lots. Trees should be a mixture of flowering, decorative, evergreen and deciduous. Trees in parking areas should be clumped at critical corners or areas to provide visual breaks from the mass of cars. They should also be located with care so as not to obstruct the vision of the driver.

e.

The interior dimensions of any planting area or planting median shall be sufficient to protect the landscaping material planted therein and to insure proper growth.

f.

In those instances where plant material exists in a parking lot site prior to its development, such landscape materials may be used at the discretion of the approving board.

g.

Peripheral landscaping shall be required along any side of a parking lot that abuts adjoining property that is not a right-of-way.

h.

A landscaping buffer strip at least five feet in width shall be located between the parking areas and all abutting property lines.

i.

One tree, minimum three-inch caliper, for every fifty (50) linear feet of lot line shall be planted in the landscaping strip.

ii.

In addition to the required trees, an evergreen wall, hedge or other durable landscape barrier shall be planted or installed. The height of any such hedge shall be no less than three feet and no more than seven feet. The height of any wall or other durable landscape barrier shall be no less than five feet and no more than seven feet.

iii.

One shrub for each ten (10) feet of non-living durable barrier shall be planted between the parking lot and the barrier, and between the barrier and the abutting property line.

i.

Street landscaping shall be required along any side of a parking lot that abuts the right-of-way of any street, road or highway.

j.

A landscaping strip at least ten (10) feet in depth shall be located between the abutting right-of-way and the parking lot.

i.

One deciduous tree, minimum three-inch caliper, shall be planted for each fifty (50) linear feet of the landscaping strip.

ii.

An evergreen hedge wall landscape barrier of at least three feet in height shall extend the entire length of the landscaping strip. The first twenty-five (25) feet on both sides of any accessory driveway pavement is excluded from this requirement. In no location shall any plant material over thirty (30) inches in height be placed within any required sight triangles.

iii.

One shrub for each ten (10) feet of non-living durable barrier shall be planted between the barrier and the street and between the barrier and the parking lot.

k.

Except as otherwise set forth in this title, not less than ten (10) percent of the gross parking area of any parking lot shall be landscaped. Such required landscaping shall be in addition to the landscaping required by subsections g, h, i, and j above.

l.

Shade trees, a minimum three-inch caliper at planting, shall be planted fifty (50) feet on center at the rate of not less than one tree per ten (10) spaces per lot total as part of the landscape requirements in all parking lots.

3.

Plant Selection.

a.

All plants shall be nursery grown and of a species suitable for United States Department of Agriculture Hardiness Zone 6. Dead and dying materials shall be replaced by the developer during the two growing seasons following planting and the estimated costs of such replacement shall be included in the estimate prepared for any maintenance guarantee which the developer is required to post under this title.

b.

Plant selection shall also conform to a list of plant material recommended for planting in the city standards.

c.

Plant material used should not be of the exotic variety requiring substantial maintenance or material highly subject to pollution, salt damage along highways and current insect disease manifestations.

d.

Plant material indigenous and natural to New Jersey are preferred and invasive species are prohibited.

4.

Specifications.

a.

The following size of trees and shrubs are the permitted minimums:

i.

Street trees: Three-inch D.B.H. at planting.

ii.

Screening plants: Five to six feet tall evergreen species at planting.

b.

All plant materials must conform to the horticulture standards as set forth by the American Association of Nurserymen.

c.

Planting holes must be a minimum of twelve (12) inches larger in diameter and six inches deeper than the soil ball or root mass, excluding groundcovers, and backfilled with a planting mixture incorporating a minimum of twenty-five (25) percent organic material by volume.

d.

Trees shall be stacked in the following manner:

i.

Three stakes shall be driven a minimum of two feet into undisturbed soil located outside the planting hole.

ii.

Stakes when driven must be one-half to two-thirds the height of the tree measured from ground level.

iii.

Stakes shall be two inches diameter minimum at the thick end.

iv.

Stakes shall be placed in line with prevailing winds.

v.

Stakes shall be attached to the tree with twelve (12) gage galvanized wire covered with rubber or plastic hose. Where wire is likely to come into contact with the tree trunk, an alternative material to be used may be any of the commercially available materials designed for staking trees, provided it is approved by the municipal engineer.

vi.

The loop in contact with the tree shall be loose enough to permit growth and prevent girdling for two years, and shall be tightly bound to the stake to prevent slipping.

e.

Wrapping. Each tree shall be wrapped with an expandable paper or cloth treated to last at least one year.

i.

The wrap shall extend from the ground level up to the trunk to the first branches.

ii.

In order to prevent sun scaled, the wrap shall be attached or fastened at each end with a material that will permit tree growth without girdling.

f.

Saucer. A ring of packed soil shall be placed around the finished planting hole of each tree.

i.

The saucer shall be a minimum of six inches higher than the finished grade.

ii.

Saucers placed on slopes shall be level at the top and perpendicular to the tree trunk.

g.

Trees and shrubs must be planted only when the soil is frost free.

h.

All planting beds must be covered and the type of covering to be used must be noted on the landscape plan.

Where mulches are used, a layer of black four mil. polyethylene, or its equivalent, must be used to reduce weed overgrowth. Minimum required depth of placement is four inches.

i.

Groundcovers are required in place of grass in small restricted areas such as tree and shrub planters.

j.

All planted beds surrounded by grass must be edged by a physical edging flush with the soil to permit mowing.

k

Groundcover areas and steep banks greater than ten (10) percent must be planted with an approved groundcover and approved mulch.

l.

All seed mixtures and sod types must meet the approval of the municipal engineer.

(Ord. No. O-050703, 6-6-07)

A.

Lighting. Adequate lighting shall be provided if off-street parking spaces and pedestrian areas are to be used at night. The lighting shall be installed to minimize glare on property in a residential district. Lighting should be located along streets, in parking and pedestrian areas, at intersections and where various types of circulation systems merge, intersect or split. Stairways and sloping or rising paths require illumination, as do building entrances and exits. Lighting should also be provided where buildings are set back or off set.

B.

All Direct Glare is Prohibited. The maximum amount of light permitted is that produced by lights on standards not to exceed the maximum height allowed in the zone and shielded to restrict the maximum apex angle of the cone of illumination to one hundred thirty-five (135) degrees.

C.

Spotlights. Spotlights or other artificial lighting used to illuminate signs, building faces or other objects shall not be located in such a manner as to cause beams of light to reflect upon any adjoining property, public street or vehicular circulation area.

D.

Style. The standards and style of light should be consistent with the type and style of the architecture of the buildings. The maximum allowable height shall comply with the city standards, and the lights should be arranged to give a fairly uniform lighting pattern of at least 1.0 foot-candles throughout the lot.

E.

Intersecting Roadways. Intersecting, converging and diverging roadway areas at grade require higher illumination than that recommended. The illumination in these areas should be at least equal to the sum of illumination values provided on the roadways which form the intersection.

F.

Maximum Intensity. The maximum intensity of illumination permitted shall be in conformance with the city standards.

G.

Light Pollution. The direction and illumination from outdoor artificial light should not be directed in such a way as to create night light glare or light pollution in the sky, or exceed 0.5 fc at any residential property line.

H.

Lamp Post Protection. Lighting in parking lots shall be located such that the posts are protected by a curbed island or other means. Light posts and any protective appurtenances shall not encroach into any parking space or aisle.

(Ord. No. O-050703, 6-6-07)

A.

Residential. Each major application for residential development shall include provisions for the collection, disposition, and recycling of recyclable materials and refuse.

Each multi-family complex must provide bins in a convenient location or locations in a common area as drop-offs for storing refuse and recyclables until collection occurs. The holding area shall provide for truck access and loading, shall be suitably screened from view, and set back from property lines. The screening shall include a solid wall and evergreen vegetation equal to or greater than the height of the storage receptacles.

B.

Nonresidential.

1.

Each application for a nonresidential use which utilizes one thousand (1,000) square feet or more of land shall include provisions for the collection, disposition and recycling of recyclable materials and refuse. The applicant shall provide a screened storage area. The storage area shall be designed for truck access for pick-up of materials and shall be suitably screened from view if located outside a building by a solid wall and evergreen vegetation equal to or greater than the height of the storage receptacles.

2.

All nonresidential uses shall provide a screened area for the storage of pallets, trash, and recyclable materials.

(Ord. No. O-050703, 6-6-07)

A.

Purpose. Construction on steep slopes results in accelerated runoff of stormwater. The destruction of natural vegetation and the increase in impervious surfaces compounds the problems of runoff. Excess runoff causes loss of topsoil, silting in of streams, flood damage and erosion, as well as the accumulation of pollutants that are carried into downstream water bodies.

Leaving woodlands and steep slopes undisturbed aids the control of erosion and sedimentation, aids the capability of the underlying soils to absorb and retain moisture and protects the quality of watersheds and streams.

The purpose of this title is to regulate the intensity of use in areas of steep slope terrain in order to limit soil loss, erosion, excessive stormwater runoff, excessive removal of vegetation, and the degradation of surface water. These regulations are intended to maintain the natural topography, ridgelines and drainage patterns of land as well as maintain continuing replenishment of ground water resources and the maintenance of springs.

Another purpose of this title is to regulate the extent of disturbance, so as to reduce the visual impact of development located on ridges or within unique viewsheds, help preserve the character of the city, and promote additional environmental benefits.

B.

Definitions. The following definitions shall be used in the interpretation and construction of this title:

"Best management practices" means specific, technical natural resource management techniques found in the following sources: New Jersey Stormwater Best Management Practices Manual (And as updated) www.state.nj.us/dep/watershedmgt/bmpmanualfeb2004.htm or swbmpmanual@dep.state.ni.us United States Department of Agriculture — Natural Resources Conservation Service National Conservation Practice Standards - http://www.ftw.nrcs.usda.gov/nhcp-2.html Standards for Soil Erosion and Sediment Control in New Jersey, State Soil Conservation Committee, 1999 as amended or current edition.

"Disturbance (site)" means any activity involving the clearing, excavating, storing, grading, filling or transporting of soil, or any other activity which causes soil to be exposed to the danger of erosion including clearing of vegetation.

"Flood plain" means the relatively flat area adjoining the channel of a natural stream which has been or may be hereafter covered by flood water.

"Grading" means any soil stripping, cutting, filling, stockpiling, or any combination thereof, which shall include the land in its cut or filled condition.

"Impervious surface" means any structure, surface, or improvement that reduces or prevents absorption of stormwater into land, and includes porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated structures and other similar structures, surfaces or improvements.

"Redevelopment" means the construction of structures or improvements on areas which previously contained structures or other improvements.

"Ridgeline development" means development on the crest of a hill, which has the potential to create a silhouette or other substantially adverse impact when viewed from a common public viewing area. The "crest" of a hill is defined by Merriam-Webster's Collegiate Dictionary as "something suggesting a crest especially in being an upper line or prominence, edge or limit ... the top line of a mountain or hill."

"Sediment" means soil or soil materials or components that have been transported from their prior location.

"Soil" means the unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for the growth of vegetation.

"Stability" means a condition within a channel or on a landform such that flowing water, saturated soil conditions, wind, ice, or gravity will not erode the soil surface.

"Steep slope" means any slope equal to or greater than twenty (20) percent as measured over any minimum run of ten (10) feet. Steep slopes are determined based on contour intervals of two feet or less.

Areas of extreme gradient change of fifteen (15) percent or greater that potentially pose as sources of excessive runoff and erosion if managed improperly. The actual slope range shall be as set forth in Section 17.07.100(D)(1) of this chapter.

"Stormwater runoff" means as a rainstorm occurs, the water that reaches the lower atmosphere is either absorbed by trees and plants, infiltrates into the ground, reevaporates or flows overland. The portion of the water that flows overland is stormwater runoff.

"Stream corridor" means the area comprised of the stream channel (the bed and banks of a stream which confine and conduct continuously or intermittently flowing water), the area within the 100-year flood line and a minimum of one hundred (100) feet from the 100-year flood line, extending outward from the stream channel, on both sides of the stream.

If there is no 100-year flood line delineated, the distance shall be measured outward from the top of the bank of the stream channel. The corridor width shall not exceed three hundred (300) feet.

"Vegetative protection" means stabilization of erosive or sediment producing areas by covering the soil with:

1.

Permanent seeding, producing long-term vegetation cover;

2.

Short-term seeding, producing temporary vegetative cover; or

3.

Sodding, placement of cultivated sod onto prepared topsoil causing instant soil stabilization.

"Watershed" menas a geographic area defined by topographic high points such that precipitation falling within the boundaries of the high points drains to a single outlet, such as a mouth of a stream, lake or river.

C.

Applicability.

1.

General. In order to promote environmental soundness in the development of property and in the layout and design of site plans and subdivision, the natural resource regulations and restrictions within this title shall apply to the following activities within the city:

a.

All applications for major subdivision, site plan or land disturbance or use variance approval.

b.

Any site disturbance, development or redevelopment greater than or equal to five thousand (5,000) square feet gross disturbance, or for which the New Jersey Uniform Construction Code would require a building permit.

c.

Exemptions.

i.

Site disturbance with a gross area of disturbance of less than one thousand (1,000) square feet shall be exempt from these standards.

ii.

Site disturbance for the construction of one single family dwelling unit involving a gross area of disturbance of less than five thousand (5,000) square feet and not part of a development involving two or more such units.

iii.

Site development or redevelopment for the purpose of non-commercial home gardening or horticulture for home consumption, provided such activity involves the disturbance of less than one thousand (1,000) square feet.

iv.

Quarries, gravel pits, sand pits and shale pits, when permitted and regulated under other ordinances of this city.

v.

Sanitary landfill operations that are in conformance with city and/or state codes and regulations.

D.

Steep Slope Development.

1.

Prohibition and Limitations.

a.

No new development, grading of the land or stripping of vegetation shall be permitted on slopes of twenty (20) percent or steeper, except redevelopment within the limits of the existing impervious surfaces.

b.

Any proposed disturbance for roadway crossings or utility construction in areas of twenty (20) percent slopes or steeper shall require variance application and approval, and in addition to the required M.L.U.L. burden of proof, the applicant must affirmatively demonstrate, via analysis of alternatives, that the roadway or utility improvements are necessary in the sloped area and affect the sloped area to minimum extent possible.

c.

The maximum disturbance allowed in slope areas between fifteen (15) percent to nineteen and nine-tenths (19.9) percent shall be ten (10) percent of the slope area.

d.

The maximum disturbance allowed in slope areas between fifteen (15) percent to nineteen and nine-tenths (19.9) percent shall be twenty (20) percent of the slope area.

e.

The maximum disturbance allowed in slope areas between zero and fourteen and nine-tenths (14.9) percent shall be as limited by the site development standards pertinent to the zoning in which the property lies.

f.

Site design and grading on slopes greater than fifteen (15) percent shall provide the minimum disruption of view corridors and scenic vistas and shall preserve significant natural topographic features, to the greatest extent possible, including ridgelines, to the extent that any portion of the ridgeline is within the regulated steep slope area. Roads and driveways shall follow the natural topography to the greatest extent possible to minimize the cutting and grading of critical slope areas.

g.

Except in conformance with a woodland management plan approved by the state of New Jersey and Freehold Soil Conservation District, no trees with a diameter at breast height (DBH) of ten (10) inches or more shall be removed from that portion of a lot with slopes greater than fifteen (15) percent.

2.

Steep Slope Area Performance Standards; Site Plan and Other Report Requirements. Before a permit is issued for any construction or site disturbance activity on any land located within or affected by this title, the following material shall be submitted for review by the city engineer or the planning board or board of adjustment engineer, as applicable. If the disturbed site contains no steep slopes as verified by the written report of the reviewing city engineer, the zoning officer and/or construction official shall process the permit applications of the applicant without regard to this title. Alternatively, if the disturbed area contains steep slopes, the reviewing city engineer shall review the application and related reports, and provide a written report on compliance with the terms of this title as regards to the application for a single lot building permit, and/or prior to and as part of the subdivision/site plan approval being sought before the planning board/board of adjustment.

The applicant shall provide:

a.

Site Plan. For all earth moving disturbances, clearing or site development activities on slopes of fifteen (15) percent or greater, the applicant shall submit a site plan prepared by a New Jersey professional engineer (in conjunction with a licensed land surveyor certifying topographic and other necessary surveying data). The applicant's site plan shall include as a minimum, each element for a major site plan as required by this title and also including, but not limited to the following:

i.

Location of existing natural and topographic features on and within twenty-five (25) feet of the site boundary.

ii.

Location of all existing and proposed site improvements, impervious surfaces, storm drainage facilities, retaining walls, all water bodies including, but not limited to, streams, lakes and wetlands.

iii.

General location and density of all existing vegetation including a quantification of area and number of those areas of vegetation which will be removed as well as vegetation to be preserved.

b.

Grading Plan. A Grading Plan of the property, at a scale of not less than one-inch equals thirty (30) feet which indicates existing grades with contour lines at two-foot intervals and proposed grades within the area of any proposed activity, disturbance or construction, including access routes. The grading plan shall depict slope classes of zero to fourteen and nine-tenths (14.9) percent, fifteen (15) to twenty (20) percent and greater than twenty (20) percent based on two-foot contours.

c.

Architectural Plans. The architectural plans including elevation and sections, with statements, signed and sealed by the New Jersey registered architect, explaining the building methods to be used to overcome foundation and other structural problems created by slope conditions, preserving the natural watersheds, and preventing soil erosion and excessive surface water runoff to neighboring properties and/or streets.

d.

Sediment and Soil Erosion Control Plan. A sediment and erosion control plan, with construction narrative and proposed construction schedule, and a statement and description of the stability of the soils on site and the appropriateness of the construction method proposed. The plan shall set forth the specific structural and non-structural measures to control sediment generated on site, soil loss and excessive stormwater runoff both during and after construction. The plan shall be prepared according to the standards and procedures established by the Freehold Soil Conservation District and the Standards for Soil Erosion and Sediment Control in New Jersey. Specifications for revegetation shall also be included. The site plan shall also provide profiles and typical cross-sections of any proposed street, emergency access, or driveway within areas of prohibitive and/or precautionary slopes as defined in Section 17.07.100(D)(1).

e.

Hydrology, Drainage and Flooding Analysis Report. A hydrology, drainage and flooding analysis report to include a statement:

i.

On the effect of the proposed development upon water bodies or wetlands in the vicinity of the project;

ii.

The underlying geology attesting to the stability of the site; and

iii.

The building methods to be used in overcoming foundation and other structural problems created by slope conditions, preserving the natural watersheds, and preventing soil erosion and excessive surface water runoff to neighboring properties and/or streets.

f.

A statement, signed by the owner or contract purchaser at the time of subdivision, land development, or building, that there is a full understanding of the difficulties associated with access stemming from the steep slope conditions. The reviewing city engineer shall review the plans submitted by the applicant and recommend acceptance or rejection as well as specific conditions to be complied with in order for the plans to be approved. No zoning permit or building permit shall be issued and no grading or site clearing shall occur until the performance standards of these regulations have been reviewed and approved by the Planning Board/Board of Adjustment on an application for development.

3.

Special Exemptions. Should it be necessary to grant relief from the prohibitions or limitations of this title to permit a driveway or roadway crossing or utility construction where no other means of access or provision for utilities to a property exists or can be reasonably provided, such variance relief may be granted upon satisfaction of the burden of proof required by the M.L.U.L., but only to the minimum extent needed to afford access and only if such relief does not involve the disturbance of any slopes over thirty-five (35) percent, and further provided the location and design of the driveway or utility crossing and of any mitigation measures necessitated by the clearance of vegetation and/or regrading are in strict conformance with the standards established by the Freehold Soil Conservation District.

E.

Administration, Enforcement, Violation and Penalties General. The provisions of this title shall be enforceable by the city engineer as the designated enforcement official. It shall be the duty of the enforcement official or their designee to perform physical inspections periodically during construction of site improvements. It is an expressed condition of any permit or approval granted pursuant to this title that the enforcement official be granted unconditional access to the project site for the purpose of inspection. The applicant shall ensure that a copy of the approved plan is on-site during all phases of construction.

F.

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

G.

Severability.

1.

Interpretation: This title shall be so construed as to not conflict with any provision of New Jersey or federal law.

2.

Notwithstanding any provision of this title is held to be invalid or unconstitutional by a court of competent jurisdiction, all remaining provisions of this title shall continue to be of full force and effect.

3.

The provisions of this title shall be cumulative with, and not in substitution for, all other applicable zoning, planning and land use regulations.

H.

Violations and Penalties. Failure to comply with any of the standards and conditions in this title may result in the issuance of a stop-work order, revocation of building permits, refusal to approve further work, or denial of certificates of occupancy. Remedial and corrective measures shall be mandated if the appropriate construction and site planning techniques, as outlined in the applicant's approved plan, are not followed, or any disturbance in an area governed by this title is undertaken without appropriate application and prior approval, with the result of these actions or inappropriate actions resulting in conditions that adversely affect soil and water resources of the city. Remedial or correctional measures which may be ordered by the city and/or court shall include reforestation of the disturbed area to properly reclaim the site with such reforestation being implemented through a comprehensive plan to reestablish desirable native tree species so as to expedite the return of the site to a stable forest ecosystem. The mandated reforestation plan shall follow the practices to the extent feasible described in "New Jersey Storm Water Management Best Practices Manual, Chapter 7, Landscaping," published by the N.J. Department of Environmental Protection. Any person found to be in violation of any provision of this title or any standard promulgated pursuant to this title shall be subject to the penalty provisions found at Section 17.08.040 of this title. Additionally, if any person violates any of the provisions of this title or any standard promulgated pursuant to it or fails to comply with the provisions of an approved plan, the city may institute a civil action in the superior court for injunctive relief to prohibit and prevent such violation or violations. If a violation of any provision of this title or any standard promulgated pursuant to this title is of a continuing nature, each and every day during which such violation continues shall constitute an additional, separate and distinct violation.

(Ord. No. O-030905, § 1, 4-1-09; Ord. No. O-050703, 6-6-07)

A.

Purpose and Authority. The purpose of the ordinance codified in this section is to designate riparian zones, and to provide for land use regulation therein in order to protect the streams, lakes, and other surface water bodies of the city of New Brunswick, and to comply with N.J.A.C. 7:15-5.25(g)3, which requires municipalities to adopt an ordinance that prevents new disturbance for projects or activities in riparian zones as described herein. Notice is hereby given that compliance with the riparian zone requirements of this section does not constitute compliance with the riparian zone or buffer requirements imposed under any other federal, state or local statute, regulation or ordinance.

B.

Definitions. The definitions of the words and/or terms utilized in this section and as described below are as defined or described in the Water Quality Management Planning Rules, N.J.A.C. 7:15, the Stormwater Management Rules, N.J.A.C. 7:8, and/or Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, as they exist as of the effective date of the ordinance codified in this section. If any definition and/or description is subsequently amended in the Water Quality Management Planning Rules, N.J.A.C. 7:15, the Stormwater Management Rules, N.J.A.C. 7:8, and/or Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, then the amended definition and/or description shall be controlling as of its effective date.

"Acid producing soils" means soils that contain geologic deposits of iron sulfide minerals (pyrite and marcasite) which, when exposed to oxygen from the air or from surface waters, oxidize to produce sulfuric acid. Acid producing soils, upon excavation, generally have a pH of 4.0 or lower. After exposure to oxygen, these soils generally have a pH of 3.0 or lower. Information regarding the location of acid producing soils in New Jersey can be obtained from local soil conservation district offices.

"Applicant" means any person, corporation, government body or other legal entity applying to the planning board, board of adjustment or the construction office proposing to engage in an activity that is regulated by the provisions of this section, and that would be located in whole or in part within a regulated riparian zone.

"Category one waters or C1 waters" shall have the meaning ascribed to this term by the Surface Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing the antidegradation policies set forth in those standards, for protection from measurable changes in water quality characteristics because of their clarity, color, scenic setting, and other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resources.

"Disturbance" means the placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.

"Intermittent stream" means a surface water body with definite bed and banks in which there is not a permanent flow of water and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.

"Lake, pond, or reservoir" means any surface water body shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the county soil surveys; that is an impoundment, whether naturally occurring or created in whole or in part by the building of structures for the retention of surface water. This excludes sedimentation control and stormwater retention/detention basins and ponds designed for treatment of wastewater.

"Perennial stream" means a surface water body that flows continuously throughout the year in most years and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the county soil surveys.

"Riparian zone" means the land and vegetation within and directly adjacent to all surface water bodies including, but not limited to lakes, ponds, reservoirs, perennial and intermittent streams, up to and including their point of origin, such as seeps and springs, as shown on the New Jersey Department of Environmental Protection's GIS hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the county soil surveys. There is no riparian zone along the Atlantic Ocean nor along any manmade lagoon or oceanfront barrier island, spit or peninsula.

"Special water resource protection area or SWRPA" means a 300-foot area provided on each side of a surface water body designated as a C1 water or tributary to a C1 water that is a perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein and shown on the USGS quadrangle map or in the county soil surveys within the associated HUC 14 drainage, pursuant to the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h).

"Surface water body(ies)" means any perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein. In addition, any regulated water under the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-2.2, or state open waters identified in a letter of interpretation issued under the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3 by the New Jersey Department of Environmental Protection Division of Land Use Regulation shall also be considered surface water bodies.

"Threatened or endangered species" means a species identified pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered Species Act of 1973, 16 U.S.C. Section 1531 et seq. or the Endangered Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments thereto.

"Trout maintenance water" means a section of water designated as trout maintenance in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B.

"Trout production water" means a section of water identified as trout production in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B.

C.

Establishment and Protection of Riparian Zones.

1.

Except as provided in subsections D and E below, riparian zones adjacent to all surface water bodies shall be protected from avoidable disturbance and shall be delineated as follows:

a.

The riparian zone shall be three hundred (300) feet wide along both sides of any Category One water (C1 water), and all upstream tributaries situated within the same HUC 14 watershed.

b.

The riparian zone shall be one hundred fifty (150) feet wide along both sides of the following waters not designated as C1 waters:

i.

Any trout production water and all upstream waters (including tributaries);

ii.

Any trout maintenance water and all upstream waters (including tributaries) within one linear mile as measured along the length of the regulated water;

iii.

Any segment of a water flowing through an area that contains documented habitat for a threatened or endangered species of plant or animal, which is critically dependent on the surface water body for survival, and all upstream waters (including tributaries) within one linear mile as measured along the length of the regulated water; and

iv.

any segment of a water flowing through an area that contains acid producing soils.

c.

For all other surface water bodies, a riparian zone of fifty (50) feet wide shall be maintained along both sides of the water.

2.

If a discernible bank is not present along a surface water body, the portion of the riparian zone outside the surface water body is measured landward as follows:

a.

Along a linear fluvial or tidal water, such as a stream, the riparian zone is measured landward of the feature's centerline;

b.

Along a non-linear fluvial water, such as a lake or pond, the riparian zone is measured landward of the normal water surface limit;

c.

Along a non-linear tidal water, such as a bay or inlet, the riparian zone is measured landward of the mean high water line; and

d.

Along an amorphously-shaped feature such as a wetland complex, through which water flows but which lacks a discernible channel, the riparian zone is measured landward of the feature's centerline.

3.

The applicant or designated representative shall be responsible for the initial determination of the presence of a riparian zone on a site, and for identifying the area of the riparian zone on any plan submitted to the city of New Brunswick in conjunction with an application for a construction permit, subdivision, land development, or other improvement that requires plan submissions or permits. This initial determination shall be subject to review and approval by the municipal engineer or his appointed representative, and, where required by state regulation, the New Jersey Department of Environmental Protection.

D.

Variances. To the extent allowed by the Stormwater Management Rules (N.J.A.C. 7:8), the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), and the Highlands Water Protection and Planning Act Rules (N.J.A.C. 7:38), new disturbances for projects or activities in the riparian zone established by this section may be allowed through the planning board or zoning board of adjustment review and approval of a variance, provided the disturbance is proposed to be located on a pre-existing lot (existing as of the effective date of the ordinance codified this section) when there is insufficient room outside the riparian zone for the proposed use otherwise permitted by the underlying zoning; there is no other reasonable or prudent alternative to placement in the riparian zone, including obtaining variances from setback or other requirements that would allow conformance with the riparian zone requirements; and upon proof by virtue of submission of appropriate maps, drawings, reports and testimony, that the disturbance is:

1.

Necessary to protect public health, safety or welfare;

2.

To provide an environmental benefit;

3.

To prevent extraordinary hardship on the property owner peculiar to the property; or

4.

To prevent extraordinary hardship, provided the hardship was not created by the property owner, by not allowing a minimum economically viable use of the property based upon reasonable investment.

E.

Exceptions. To the extent allowed under the Stormwater Management Rules (N.J.A.C. 7:8), the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), and the Highlands Water Protection and Planning Act Rules (N.J.A.C. 7:38) and subject to review and approval by the New Jersey Department of Environmental Protection to the extent required by those rules, the following disturbances for projects or activities in the riparian zone established by this section are allowed:

1.

Redevelopment within the limits of existing impervious surfaces;

2.

Linear development with no feasible alternative route;

3.

Disturbance that is in accordance with a stream corridor restoration or stream bank stabilization plan or project approved by the New Jersey Department of Environmental Protection;

4.

Disturbance necessary to provide for public pedestrian access or water dependent recreation that meets the requirements of the Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A, the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, or the Coastal Zone Management rules, N.J.A.C. 7:7E; or

5.

Disturbance with no feasible alternative required for the remediation of hazardous substances performed with New Jersey Department of Environmental Protection or federal oversight pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11a et seq. or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601 et seq.

F.

Appeals, Conflicts, and Severability.

1.

Any party aggrieved by the location of the riparian zone boundary determination under this section may appeal to the zoning board of adjustment under the provisions of this section. The party contesting the location of the riparian zone boundary shall have the burden of proof in case of any such appeal.

2.

Any party aggrieved by any determination or decision of the zoning board of adjustment under this section may appeal pursuant to the appeal procedures from zoning board of adjustment decisions set forth in Section 16.12.110. The party contesting the determination or decision shall have the burden of proof in case of any such appeal.

3.

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

4.

Severability.

a.

Interpretation. This section shall be so construed as not to conflict with any provision of New Jersey or federal law.

b.

Notwithstanding that any provision of the ordinance codified in this section is held to be invalid or unconstitutional by a court of competent jurisdiction, all remaining provisions of the ordinance shall continue to be of full force and effect.

c.

The provisions of this section shall be cumulative with, and not in substitution for, all other applicable zoning, planning and land use regulations.

G.

Enforcement. A prompt investigation shall be made by the zoning officer or his assistants, of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this section is discovered, a civil action in the special part of the superior court, or in the superior court, if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the special civil part, by the filing and serving of appropriate process. Nothing in this section shall be construed to preclude the right of the city of New Brunswick, pursuant to N.J.S.A. 26:3A2-25, to initiate legal proceedings hereunder in Municipal Court. The violation of any section or subsection of this section shall constitute a separate and distinct offense independent of the violation of any other section or subsection, or of any order issued pursuant to this section. Each day a violation continues shall be considered a separate offense.

(Ord. No. O-091103, § 1, 9-21-11)