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Newton City Zoning Code

§ 320-24

Fencing, landscape and lighting design standards.

A. 
Fences or walls.
(1) 
Fences or walls in excess of 18 inches in height shall be considered as accessory uses to a principal permitted use and shall be permitted in accordance with the general standards set forth below.
(2) 
Wherever possible, natural screening shall be used to achieve privacy. However, where a privacy fence appears to offer a better alternative than the absence of such fence or natural screening due to circumstances involving the characteristics of the affected properties, fences conforming to this section shall be permitted.
(3) 
The finished side of all fence surfaces shall face adjacent properties.
(4) 
No fence shall be erected of barbed wire or similar harmful elements, nor constructed in any manner which might be dangerous to persons or animals, except that this restriction shall not apply to farms.
(5) 
No fence or wall shall be erected in a prescribed sight triangle.
(6) 
No fence anywhere in a front yard, including a fence running along or approximately parallel to a side lot line within a front yard, shall be more than four feet high.
(7) 
No fence, running substantially along a rear lot line, or approximately parallel thereto, or otherwise in a rear yard, shall exceed six feet in height measured from average grade corresponding to each eight-foot section of fencing. If such fence has decorative scalloped panels or pickets along its upper edge, height may be measured to the lowest point of such edge, thus allowing posts and corresponding elements to exceed the height limitation of this subsection, but in no event by more than one foot. Where a rear yard or side yard of a corner lot abuts a side lot line and front yard of an adjacent lot, then in no event shall a fence in such rear or side yard on the corner lot exceed four feet in height such portion thereof which lies parallel to or otherwise substantially alongside the front yard of the adjacent lot.
(8) 
All fencing other than a stone fence, stone (or masonry) wall, or iron-decorative type fence shall be constructed of wood or a material that is relatively indistinguishable from wood.
(9) 
Walls of masonry or natural stone (not retaining walls), such as New England drywalls and rows of fieldstone, shall not exceed a height of four feet.
(10) 
Without limitation hereto, the following fences and fencing materials are specifically prohibited:
(a) 
Barbed wire or other hazardous construction or material unless on a farm;
(b) 
Canvas, fabric or cloth fences;
(c) 
Electrically charged fences unless on a farm;
(d) 
Temporary fences, such as snow or silt fences, except as the latter may be necessary during development or other approved land disturbance;
(e) 
Plastic slats or other inserts in woven wire fences.
(f) 
Any fence, wall or similar structure as well as shrubbery screening which substantially cuts off light or air or which may cause a nuisance, dangerous condition or a substantial fire-fighting impediment shall be prohibited.
(g) 
Notwithstanding § 320-24A(8), woven wire fencing may be substituted for wood or simulated wood fencing for safety, a dog run or other appropriate reason; provided, however, that the closed loop edge shall be at the top, and no part of such fencing shall lie within a front yard.
(h) 
Swimming pool fences. Every private swimming pool shall have a fence enclosure which complies with (BOCA) Building Officials and Code Administrators International.
(i) 
Retaining wall. Any retaining wall 48 inches or greater in height shall be designed by a licensed professional engineer and shall require a building permit.
(11) 
No fence or wall shall be placed within one foot of any property line unless a single fence is placed along a common property line as agreed to by adjoining property owners.
[Added 9-16-2015 by Ord. No. 2015-24]
(12) 
Fences and walls shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.
[Added 9-16-2015 by Ord. No. 2015-24]
(13) 
Temporary fences must meet all setback and height requirements of permanent fencing.
[Added 9-16-2015 by Ord. No. 2015-24]
(14) 
A fence permit is required to be issued by the Zoning Officer prior to the erection or replacement of any fence, except that temporary fences do not require a permit, however they must meet all height and setback requirements of permanent fences. An application for a fence permit shall contain such information as to ensure conformance with the above standards and, at a minimum, should include a plot plan indicating the location of fencing, fence material, the lot's front, side and rear yard setback requirements, and an indication of the proposed fence height in relation to the front yard setback and remainder of lot as applicable.
[Added 9-16-2015 by Ord. No. 2015-24]
B. 
Landscape standards.
(1) 
A detailed landscape plan in accordance with the site plan and subdivision standards shall be prepared by a licensed landscape architect for all site plan proposals.
(2) 
The landscape plan shall include the highest quality materials and, at minimum, specify type and color of pavers and other hardscape materials, type and quality of decorative lighting fixtures, specific color and material of decorative site furnishings, as well as locations and quantities of each. The landscape plan shall also include species, sizes, and planting plans for all vegetation.
(3) 
All street tree types shall be recommended by a local arborist, nurseryman, or landscape architect acceptable to the Planning Board and shall be a type suitable for the area's environment. Lists of suitable trees are available from the Community Forestry Council, a division of the New Jersey Division of Parks and Forestry, or the New Jersey Nursery and Landscape Association.
(4) 
Native plants should be used before other alternatives.
(5) 
All landscape materials planted by the developer must have a two-year maintenance guarantee. If any planting materials die within two years of planting, they must be replaced during the following planting season.
(6) 
Sidewalks should enhance the pedestrian experience. Toward that end, the following must be included within the landscaping plan:
(a) 
Barrier-free access to all pedestrian space.
(b) 
Use of pedestrian-scaled lighting.
(c) 
Use of pedestrian-scaled signage.
(7) 
All open areas not covered by buildings, paving, and sidewalks shall be graded and landscaped.
(8) 
Rainwater management shall be integrated into the site design. Rainwater shall be captured and stored for nonpotable uses.
(9) 
All landscaped areas must be well maintained, cleared, clipped and pruned to provide a positive healthy visual character.
C. 
Hardscape requirements for streetscape.
(1) 
Barrier-free access to all pedestrian spaces is required.
(2) 
Vehicular travel lanes shall be constructed of asphalt. Textured pavement such as brick, synthetic brick, cobblestone, pavers, and/or stamped concrete shall be used on all crosswalks, to act as a traffic-calming device, and on internal lanes where feasible.
(3) 
All curbing should be granite block, or a poured, brushed concrete. Asphalt curbing is expressly forbidden. Curbs shall be six inches in height from the final top height of the pavement.
(4) 
Sidewalks shall be constructed of scored concrete with brick edges and dividers or textured paving materials. The paver strip along the curb edge must be brick, synthetic brick or another approved paver.
(5) 
Crosswalks shall be of similar material and color as the paved sidewalks or textured strip and be in conformance with the street typology and pedestrian plan. Crosswalks must be of a different paving material or color than the road surface.
(6) 
Utilities shall not be located within the planting strip.
(7) 
Sidewalk areas shall be continuous across any driveway, including any decorative paving elements.
(8) 
Access to any driveway shall be via a dropped curb and sloped apron. Said access shall not be provided by the use of radius curbing and an extension of the street pavement.
(9) 
Driveway widths and curb cuts shall be kept to the minimum width necessary.
(10) 
Parking entrances. Entrances to off-street parking shall vary by building type and shall be located on surface parking areas located behind the primary structure.
D. 
Planting requirements for streetscape.
(1) 
All trees shall be a minimum of 2.5 inches in caliper measured at breast height (DBH) and have a minimum branch height of six feet at time of planting for yard trees, 10 feet minimum branch height for street trees.
(2) 
Street tree spacing is to follow the standards stated in Chapter 240.
(3) 
Street tree planting should be strategically phased to ensure procurement of large quantities of uniform and consistently sized specimens of specifically selected species.
(4) 
Trees should only be planted during appropriate spring and fall planting seasons to the highest arboricultural industry standards; appropriate root barriers shall be installed at the time of planting.
(5) 
Native tree species with proven success shall be thoroughly searched by a plant broker before consideration of alternate species.
(6) 
Street trees shall not be planted within the clear sight triangle of each intersection.
E. 
Lighting requirements for streetscape.
(1) 
A unified standard for streetlighting within the area must be used. The use of a similar style to the fixtures used throughout the downtown of Newton is highly recommended to maintain continuity throughout the Town. Final approval of the fixture, pole type, and location will be made by the Planning Board.
(2) 
Streetlighting shall be placed in the textured strip between the curb and sidewalk.
(3) 
All streetlighting and exterior building lighting shall be designed to not shine upward so as to contribute to the illumination of the night sky and cause the effect known as "sky glow."
(4) 
All streets shall have decorative, pole-mounted lamps that are 12 feet to 14 feet in height, spaced a maximum of 40 feet on center.
(5) 
Metal-halide (or comparable light quality) lamps are suggested for their efficiency and light quality. Mercury vapor and high-pressure sodium lighting shall not be allowed.
(6) 
A comprehensive lighting plan must be provided with sufficient detail to illustrate that proper illumination is provided. The plan should illustrate all streets, all attached building lights, types of fixtures, lighting intensities, lighting patterns, filament type, shape of lens, and direction of illumination.
(7) 
All streetlights shall have illumination and uniformity ratios which do not exceed the recommendations of the Illuminating Engineering Society of North America (IESNA). All sidewalks adjacent to roadways shall maintain a minimum 0.5 footcandle coverage.
[Amended 5-27-2015 by Ord. No. 2015-14]
(8) 
Adequate exterior lighting shall be provided for safety while not casting light onto adjacent properties or shine onto streets or driveways in such a manner as to interfere with or distract driver vision.
(9) 
All lighting shall use shielded light fixtures to prevent misdirected or excessive artificial light and maximize energy efficiently.
F. 
Semipublic edge requirements.
(1) 
No asphalt paving or wood decking is allowed between the building line and the curb edge. Any paved area including walkways, etc., shall have equal or greater detail than the adjacent sidewalk.
(2) 
Every building shall have direct access from the sidewalk to the primary pedestrian ingress and egress of a building by way of a walkway separate from driveways. Materials of the walkway shall complement the color and design of the building and the sidewalks.
(3) 
All building frontages must be landscaped with appropriate vegetation (shrubs must measure at least 30 inches in height and 30 inches in width at the time of planting and be planted at the minimum spacing standard).
(4) 
Fencing along all street frontages/semipublic edges shall not exceed three feet in height.
(5) 
Only decorative-style fences, such as tubular steel or wrought-iron-type fences, are permitted along street frontages and along semipublic edges. The design of the fencing shall complement the architectural style of the building.
(6) 
The use of native shrubs and grasses is encouraged.
(7) 
Shade trees, flowering trees, and evergreens must be kept properly pruned.
G. 
Parking requirements.
(1) 
All parking areas must be appropriately screened along the periphery on all sides as required.
(2) 
Fifty percent of paved parking lots' surface shall be shaded by tree canopies within 15 years of planting. Trees shall also be planted in the required landscaped areas along the periphery of the development in order to shade and enhance adjacent property and public rights-of-way.
(3) 
Minimum planter size between tiers of parking shall be as follows:
(a) 
Standard parking stall: (four feet to six feet).*
(b) 
Compact parking stall: (three feet to four feet).*
(c) 
Along periphery: (six feet).
*
Diamond planters can be used where space doesn't permit larger planters.
(4) 
Green parking lots reduce runoff that is discharged into local water bodies by using natural drainage landscapes. Where possible bioengineered planting strips, bioswales, and rain gardens should be incorporated to reduce the environmental impact of development.