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Prospect Park City Zoning Code

PART 3

Development Requirements and Standards

§ 235-601 Applicability.

The design and performance standards in this Part 3 are applicable to all properties and uses, except as superseded by regulations known as the "Residential Site Improvement Standards," N.J.A.C. 5:21 et seq., applicable to residential development projects that entail residential site plans or subdivisions, whether major or minor. These state regulations must be read in concert with the standards of this chapter in order to determine whether the Residential Site Improvement Standards or the standards contained herein are applicable to the development project.

§ 235-602 Circulation.

A. 
The Board shall consider pedestrian and vehicular traffic movement within and adjacent to a lot or tract with particular emphasis on the provision and layout of parking areas, off-street loading and unloading, movement of people, goods and vehicles from access roads, within the lot or tract, between buildings and between buildings and vehicles. In site plans, the Board shall determine which roads shall be public and which shall remain private.
B. 
The Board shall ensure that all parking areas are landscaped and spaces are usable and are safely and conveniently arranged. Access to a lot or tract from adjacent roads shall be designed so as to interfere as little as possible with traffic flow and to permit vehicles a safe ingress and egress to the lot or tract.
C. 
The circulation plan of each development shall reflect the Master Plan's circulation plan element. Private and public transit facilities shall be clearly defined and delineated. Major access improvements in critical environmental areas shall be discouraged. The location and provision of bikeways, sidewalks and other pedestrian linkages shall be encouraged and clearly indicated.
D. 
Applicants shall be encouraged to develop and implement mass transit programs and to minimize the use of private automobiles wherever possible. These programs may include the use of company buses to connect tracts with rail and other public transit, use of vans, carpooling, construction of bike paths and bike storage areas and construction of convenient bus pickup and dropoff points. In order to minimize peak-hour traffic impacts, applicants shall encourage staggered starting and quitting times and changes in work hours where appropriate and include the details within the application to the Board.

§ 235-603 Design and building layout.

A. 
The design and layout of buildings and parking areas shall be aesthetically pleasing and provide for efficient arrangement. Particular attention shall be given to energy conservation, safety and fire protection and impact on surrounding development. Architectural design shall be compatible with the environmental and natural characteristics of the tract and the surrounding neighborhood.
B. 
In order to promote the general welfare and with a view of encouraging the most appropriate use of land throughout the Borough of Prospect Park, no permit shall be issued by the Construction Official for the construction or alteration of a building, structure or addition thereto or for any use of land when such construction or use will adversely affect the use and enjoyment of adjacent or nearby property or the health and welfare of residents in the Borough.
C. 
Fire escapes shall be constructed only against the side or rear wall of a building and shall be located and/or screened so as not to detract from the appearance of such buildings.

§ 235-604 Environmental considerations.

Environmental elements relating to prevention of soil erosion, protection of significant vistas or views, preservation of trees and protection of watercourses, resources, topography, soil and animal life shall be reviewed, and the design of the plan shall minimize any adverse impact on these elements.

§ 235-605 Landscaping.

A. 
Landscaping shall be provided as part of any overall site plan design and integrated into building arrangements, topography, parking and buffering requirements. Landscaping includes trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and/or the use of building and paving materials in an imaginative manner.
B. 
The existing sense and appearance of any natural scenic qualities on a tract shall be retained by the careful placement of buildings and improvements.

§ 235-606 Buffering.

A. 
Buffering shall be located to minimize headlights of vehicles, noise, light from structures, the movement of people and vehicles and to shield activities from adjacent properties when necessary. Buffering may include but not be limited to fencing, walls, evergreens, shrubs, landscaping, berms, rocks, boulders, open space, ponds, steep slopes, deciduous trees or combinations thereof to achieve the stated objectives.
B. 
Extensive buffering shall be required where intensive land uses abut less intensive uses. Existing natural vegetation, if appropriate for the above-stated purposes, shall be retained.

§ 235-607 Open space.

A. 
Open space shall be provided as part of a site plan and shall serve as a buffer and/or help integrate buildings and uses. Undeveloped open space should have as a prime objective the preservation of a tract's natural amenities and vistas. Ponds, rock outcroppings, wooded areas, steep slopes, ravines and streambeds are prime lands recommended for undeveloped open space.
B. 
Open spaces shall be so located as to provide for maximum usability and to create a harmonious relationship between buildings.

§ 235-608 Signs.

Signs shall be designed so as to be aesthetically pleasing, coordinated with other signs on the site through a master signage plan and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians.
A. 
Design theme. There should be a coordinated graphics design theme throughout any site plan. The design theme shall include style and size of lettering, construction materials, colors, location, type of pole or standard, size and lighting. Color of letters and background should be carefully considered in relation to the color of the material or buildings or where the signs are proposed to be located.
B. 
Location. Signs should be located so as not to create a hazard. The location of signs should be selected in terms of visibility.

§ 235-609 Utilities.

A. 
The storm drainage system, sanitary waste disposal system, water supply system, solid and wet waste collection and disposal plan and electrical and other distribution systems shall be reviewed and approved.
B. 
The requirements for underground utilities shall apply to all new developments.
C. 
Particular emphasis shall be given to the protection of delineated floodplains, preservation of stream corridors, establishment of drainage rights-of-way, analysis of the adequacy of existing systems and the need for improvements, both on-site and off-site, to adequately control the rate, volume and velocity of storm drainage, provide for treatment of effluent and to maintain an adequate supply of potable water at sufficient pressure.
D. 
In such event that they cannot be installed underground, facilities such as pumping stations or transformers shall be enclosed in buildings or effectively screened with landscaping and/or buffering as approved by the Board.

§ 235-610 Street furniture.

The site plan shall provide for those elements of street furniture made of the same or similar materials to ensure design continuity and be appropriate to the particular use. These may include, but not limited to, benches, bike racks, trash receptacles, bus shelters, tree planters and directories.

§ 235-611 Topsoil protection.

To the extent practicable, no topsoil shall be removed from the site or used as spoil. Topsoil stripped and stockpiled during the course of construction shall be redistributed so as to provide equal cover to all areas of the subdivision and shall be stabilized by seeding or planting.

§ 235-612 Conformance with Master Plan or Official Map.

A. 
All developments shall conform to the proposals and conditions shown upon the Master Plan or Official Map.
B. 
Streets, public drainageways, flood-control basins and other public areas shown on the Master Plan or Official Map shall be shown on the plan of a proposed development in locations and sizes suitable to their intended uses. The Board may reserve the locations and extent of such public areas in accordance with the requirements of N.J.S.A. 40:55D-44.

§ 235-701 Specific design standards.

In reviewing any application for development, the Board shall consider the following standards. Where applicable, the Residential Site Improvement Standards (RSIS), as amended from time to time,[1] shall apply.
[1]
Editor's Note: See N.J.A.C. 5:21.

§ 235-702 Blocks.

A. 
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lots required in the area by this chapter and to provide for convenient access, circulation control and safety of street traffic.
B. 
In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the Board. The width and routing of such walkways shall be determined on an individual project basis.

§ 235-703 Lots.

A. 
Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
B. 
Where extra width has been dedicated for the widening of existing streets, lots shall begin at such extra line and setbacks shall be measured from such line.
C. 
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as but not limited to wetlands, rock formations or flood conditions, the Board may withhold approval of such lots.

§ 235-704 Buffers.

A. 
General.
(1) 
Visual screens provided through landscaping shall be designed in such a manner as to provide a barrier on a year-round basis around the view of the area to be screened.
(2) 
Existing vegetation within the buffer shall be preserved, where possible, and supplemented with plantings and other buffer devices to provide screening of residences.
(3) 
Buffer dimensions shall be measured from property lines.
(4) 
Within any buffer area, utilities, driveways and streets may be permitted to cross at right angles to the buffer.
(5) 
No buildings, signs (other than directional signs), structures, storage of materials or parking shall be permitted within the buffer area.
(6) 
All plantings shall be installed according to accepted horticultural standards.
B. 
Evergreens. Evergreens used as buffers shall be planted in at least two rows of staggered plantings to achieve overlapping coverage and of such size as to constitute an adequate screen as determined by the Board.
C. 
Berms. Berms used as part of a buffer or screen must be designed as follows:
(1) 
Vertically and horizontally meandering berms shall be used to achieve a natural, rolling park-like landscape.
(2) 
Berms shall be overlapping where drainage swales are required to pass through them. The final design must be reflected upon the drainage plan.
D. 
Reverse frontage buffers.
(1) 
Reverse frontage buffers shall be required where residential units and/or lots back onto any street.
(2) 
The buffer shall be situated adjacent to the property line.
(3) 
Any landscaped buffer shall be not less than 15 feet in width. For lots backing up on arterial streets or highways, the landscape buffer shall not be less than 20 feet.
(4) 
The buffer area shall be used for no purpose other than landscaping, underground utilities or for any required sidewalk.

§ 235-705 Landscaping.

A. 
All lots regardless of the type of use (except for lots in the B-C and VCR Zones) shall have a minimum of 10% of the lot landscaped. All areas not occupied by buildings, parking areas, patios, walkways and/or any other impervious surface shall be suitably landscaped. No landscaping shall interfere with required sight triangles.
B. 
Deciduous trees shall have at least a two-inch caliper at planting, and evergreen trees shall be at least four feet tall. All trees shall be balled and burlapped and be of specimen quality as established by the American Association of Nurserymen.
C. 
Any landscaping which, within two years of planting, dies, for any reason, shall be replaced by the developer(s) at their expense by means of an agreement.
D. 
The following principles shall be considered:
(1) 
Landscaping shall be located to provide for climate control.
(2) 
Landscaping shall be used to accent and complement buildings.
(3) 
Landscaping shall be provided in public areas, parking areas, recreation sites and adjacent to buildings.
(4) 
Vines and climbing plants shall be considered for large expanses of wall.
(5) 
Massing trees shall be considered at critical points.
(6) 
Smaller trees shall be used on narrow streets.
(7) 
Ground cover shall be used to prevent erosion.
(8) 
A variety and mixture of landscaping shall be provided. Consideration shall be given to susceptibility to disease, colors, season, textures, shapes, blossom and foliage in selecting species.
(9) 
Local soil conditions and water availability shall be considered in the choice of landscaping.
(10) 
Existing trees located within 10 feet of any street right-of-way shall be maintained unless shown to be removed as part of an approved plan. The existing grade within that space shall not be disturbed without such approval.
(11) 
Entrances to nonresidential lots shall be given special landscaping treatment.
(12) 
The impact of any proposed landscaping plan at various time intervals shall be considered. Shrubs may grow and eventually block sight distances. Foundation plants may block out buildings.
(13) 
Existing large trees shall be saved by not varying the grade around the trees by more than six inches to 12 inches, by construction of tree wells and by erecting protective fences. Clumps or masses of trees shall be protected.
(14) 
Certain trees shall be avoided because of problems.
(15) 
Trees that can stand an urban environment shall be used.
(16) 
Landscaping in parking areas shall be provided in accordance with this Part 3.
(17) 
Impervious materials shall not be used in any landscape area. Weed-retardant mulch, porous non-woven synthetic landscape fabric or other materials shall be used.
E. 
The applicant shall consult with the recommended tree listing established by the Shade Tree Authority.

§ 235-706 Fences or walls.

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 standards set forth below:
A. 
Type of fence or wall.
Solid
(90% or more solid)
Semi-Open
(25% up to 90%)
Open
(Up to 25%)
Solid picket
1x2 wood screen
Split rail
Board
Contemporary picket
Contemporary rail
Board and batten
Cinder or concrete block laid on side
Rail and wire mesh
Louver panel
Chain link
Staggered board
Panel
1x4 wood screen
Brick
(Note: "Openness" is defined as the total area of solid elements divided by the total area of fence. Translucent, transparent or clear plastic or similar materials shall be considered as solid elements.)
B. 
Maximum height and location.
Type of Fence
Height
(feet)
Location
All
Up to 4
Solid fences up to 4 feet in height shall not be located closer to the front lot line than the front building line of the principal structure (excluding minor projections); such fences may extend to the side and rear property lines
Semi-open
Up to 4
Semi-open fences up to 4 feet in height shall not be closer than 10 feet to the street right-of-way line and may extend to the side and rear property lines
Open
Up to 4
Such fences may be located anywhere on the lot up to the lot lines
C. 
General regulations for fences and walls.
(1) 
No fence or wall shall be so constructed or installed so as to constitute a hazard to traffic or safety.
(2) 
No fence in a residential zone shall be greater than four feet in height.
(3) 
Hedges and other landscaping shall be exempt from the height limitations of this subsection, but shall not be located so as to constitute a hazard to traffic or safety.
(4) 
The face or finished side of a fence or wall shall face the adjacent property. The "finished/preferred side" is defined as the side which best conceals fence posts, rails and other supporting parts, and/or which is painted, stained, coated when only such side is so treated.
(5) 
No fence or wall shall be constructed with barbed wire, metal spikes or other such dangerous material or constructed in such manner as to be dangerous to animals or humans.
(6) 
All fences which are painted shall be painted in only one color, harmonious with the surrounding area. Multicolored fences are prohibited.
(7) 
No fencing shall be erected so as to encroach upon a public right-of-way or to interfere with vehicular or pedestrian traffic or with visibility on corner lots.
(8) 
Split rail fences used at property corners as part of a general landscaping or decorative plan shall be exempt from the provisions of this subsection.
(9) 
It shall be the sole responsibility of each property owner maintaining or erecting a fence rather that the Borough to assure that fences do not encroach on neighboring property lines.
(10) 
No fence shall be erected within the Borough without a permit. Applications for fence permission shall be made, in writing, to the Building Inspector of the Borough of Prospect Park in a form approved by the Building Inspector and shall include but not be limited to the following information:
(a) 
Name and address of owner and address of premises where the fence is to be erected;
(b) 
A description and specification of the fence, including size, height, color, dimensions, materials, gate detail (including locking or latching mechanisms) and percentage of opening in fence; and
(c) 
A fee for such permit shall be $25.
D. 
Swimming pool fences. Every private swimming pool shall have a fence enclosure which complies with the state requirements.
E. 
Retaining wall. Any retaining wall 48 inches or greater in height shall require a building permit.
F. 
Fences within the Q-MR-1 and Q-MR-2 Districts shall be subject to the following requirements:
(1) 
Side or rear fences may not exceed six feet in height.
(2) 
Fences or walls are not permitted around mid-rise buildings.

§ 235-707 Lighting.

A. 
Purpose. Regulation of outdoor lighting and recreational/sports facility lighting is necessary to prevent the cause of unnecessary skyglow, to prevent light trespass and to reduce unnecessary glare caused by inappropriate or misaligned light fixtures and/or the inappropriate location of light poles. These standards are intended to save energy and reduce costs and to preserve and protect adjacent residential neighborhoods from unnecessary lighting impacts.
B. 
Standards. All outdoor light fixtures installed and thereafter maintained, other than those serving one- and two-family dwellings, shall comply with the following requirements:
(1) 
Only shielded light fixtures shall be used. Any fixture mounted above 10 feet shall have no more than 10% of its light distribution at a vertical angle of 80° above nadir and 2.5% at an angle of 90° above nadir.
(2) 
Where used for commercial and industrial purposes or for sports or recreational facilities, all light fixtures shall be equipped with automatic timing devices and shall comply with the following:
(a) 
Light fixtures used to illuminate flags, statues or other objects mounted on a pole, pedestal or platform shall use a narrow column beam of light that will not extend beyond the maximum extensions of the illuminated object.
(b) 
Other upward-directed architectural, landscape or decorative direct-light emissions shall have at least 90% of their total distribution pattern within the profile of the illuminated structure.
(c) 
Externally illuminated building identification or other signs shall only use shielded light fixtures mounted on top of the sign structure.
(d) 
All other outdoor lighting shall use shielded light fixtures.
(3) 
Illumination levels shall not exceed those recommended in the IESNA Lighting Handbook, 9th Edition, as amended from time to time, and IESNA Publication RP 6-01, Sports Lighting and Recreational Area Lights, as amended from time to time.
(4) 
Where used for sports or recreational facilities, all lighting fixtures shall comply with the following:
(a) 
For field sports such as football, soccer, baseball and track and field, a minimum pole height shall be 70 feet and a maximum pole height of 85 feet.
(b) 
The minimum distance of the pole to any property line shall be twice the height of the pole. For example, an eighty-foot pole must be a minimum of 160 feet from any property line.
(c) 
Trespass lighting shall not be more than 0.1 footcandle at any adjacent residential property line at grade.
(d) 
A natural landscape buffer shall be required to sufficiently screen the source of light and the lit object from any adjacent residences.
(e) 
When not in use or under any circumstance not later than 10:00 p.m., all lighting shall be turned off.
(5) 
The design and installation of outdoor lighting on a site shall be constructed so as to conform to the following standards:
(a) 
All outdoor lighting during nonoperating hours of the business on site not necessary for safety and security purposes shall be reduced, activated by motion-sensor devices or turned off.
(b) 
All lighting shall be designed to prevent misdirected or excessive artificial light and to maximize energy efficiency.
(6) 
All light fixtures shall be designed, installed and maintained to prevent trespass light.
(7) 
Illuminance requirements.
(a) 
Streetlighting. Average maintained illuminances shall not exceed IESNA recommendations. IESNA average to minimum illuminance uniformity ratios are to be used for design roadway lighting.
(b) 
Outdoor parking facilities. Average maintained illuminances and uniformity ratios shall not exceed IESNA recommendations.
(c) 
Walkways. Minimum average footcandles shall be as follows:
[1] 
Sidewalks (roadside):
[a] 
Commercial: 1.0 footcandle.
[b] 
Residential: 0.2 footcandle.
[2] 
Walkways, stairways and bikeways (distant from roadways): 0.2 footcandle.
(8) 
The maximum height of freestanding lights shall not exceed the height of the principal building or 25 feet, whichever is less.
(9) 
The style of the light and light standards shall be consistent with the architectural style of the principal building or surrounding area.
(10) 
Floodlight-type fixtures attached to buildings shall be prohibited.
(11) 
Freestanding lights shall be so located and protected to avoid being damaged by vehicles.
(12) 
The maximum illumination at property lines shall be 0.1 footcandle at grade.
(13) 
All exterior lighting shall be designed so as not to exceed the exterior lighting unit power allowances of ASHRAE/IESNA Standard 90.1-2001.
(14) 
All wiring shall be laid underground.

§ 235-708 Screening of exterior mechanical equipment.

A. 
Electrical and mechanical equipment shall be located within the interior of a building wherever possible. When an interior location is not practical, such equipment shall be placed in a location where it can be substantially screened from public view. Roof-mounted equipment shall be located so as to not be visible from the public road and shall be hidden with parapets or screens of materials which are in harmony with the building's architecture.
B. 
Process equipment such as stacks, hoppers, compactors, bins, storage vessels, blowers, compressors, piping, ducting, conveyors and the like shall be located and screened so as to minimize the visual impact on adjacent properties.
C. 
Ground-level utilities shall be screened so as to be unobtrusive when viewed from the public rights-of-way and adjacent uses.

§ 235-709 Monuments.

Monuments shall be installed in compliance with the requirements of N.J.S.A. 46:23-9.11q. (the Map Filing Law).[1] Monuments may be required delineating critical area easements and conservation easements at the discretion of the Board.
[1]
Editor's Note: See now N.J.S.A. 46:26B-3.

§ 235-710 Storage and disposal of waste.

A. 
Outdoor refuse and recycling containers shall be visually screened within a durable enclosure, so as not to be visible from adjacent lots or sites, neighboring properties or streets.
B. 
No refuse and recycling storage areas shall be permitted between a street and the front of a building and shall conform to all yard requirements imposed by this chapter upon the principal buildings in the zone.
C. 
No refuse and recycling storage area shall be located so as to prevent natural runoff from such areas or impair the existing water quality of any stream, watercourse or aquifer.
D. 
All materials or wastes which might cause fumes, dust, odor or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in sealed and covered containers which are adequate to eliminate such hazards.
E. 
Refuse and recycling collection areas shall be effectively designed to contain all refuse generated on site and deposited between collections.
F. 
Refuse and recycling collection enclosures shall be designed of durable materials with finishes and colors which are unified and harmonious with the overall architectural theme.
G. 
Refuse and recycling collection areas shall be located to provide clear and convenient access to refuse collection vehicles.
H. 
Medical, hazardous or other regulated waste shall meet the state and federal standards for such materials.

§ 235-711 Recycling facilities for new multifamily housing developments.

A. 
There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located.
B. 
The recycling area shall be conveniently located for the disposition of source-separated recyclable materials by residents of the multifamily housing development, preferably near, but clearly separated from, a refuse dumpster.
C. 
The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.
D. 
Any bins or containers which are used for the collection of recyclable paper or cardboard and which are located in an outdoor recycling area shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.
E. 
Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
F. 
Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.

§ 235-712 Streets.

A. 
All streets shall be constructed in accordance with the Borough's road standards. Where applicable, the Residential Site Improvement Standards, as amended from time to time,[1] shall apply.
[1]
Editor's Note: See N.J.A.C. 5:21.
B. 
The arrangement of streets shall be such as to provide for the appropriate extension of existing streets. New road systems shall be in accordance with the Master Plan and Official Map.
C. 
Minor streets shall be so designed as to discourage through traffic.
D. 
Developments abutting through traffic streets may be required to provide a marginal service road or some other means of separation of through and local traffic as the Board may determine. Major arterial streets shall not be entered by new streets other than major collector streets.
E. 
Developments which adjoin or include existing streets and the streets do not conform to widths, as shown on the Master Plan or the street width requirements of this chapter, shall dedicate, by deed, additional width along either one or both sides of said street. If the development is along one side only, 1/2 of the required extra width shall be dedicated. Minimum street standards shall be as follows:
Type of Street
Right-of-Way Width
(feet)
Cartway Width
(feet)
Arterial
66
48
Collector
50
30 to 36
Minor
50
22 to 30
F. 
Grades of through traffic streets and collector streets shall not exceed 6%. Grades on other streets shall not exceed 10%. Streets shall have a minimum grade of 1%.
G. 
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°. The block corners at intersections shall be rounded at the property line with a curve radius of not less than 25 feet.
H. 
Street jogs with center-line offsets of less than 125 feet shall be prohibited.
I. 
A tangent at least 100 feet long shall be introduced between reverse curves on through traffic and collector streets.
J. 
When connecting street lines deflect from each other at any one point by more than 10° and not more than 45°, they shall be connected by a curve with a center-line radius of not less 100 feet for minor streets and 300 feet for through traffic and collector streets.
K. 
All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.
L. 
Dead-end streets (culs-de-sac) shall provide a turnaround at the end with a radius of not less than 50 feet and tangent, whenever possible, to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions shall be made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.

§ 235-713 Street appurtenances.

A. 
No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.
B. 
Guardrails shall be designed to prevent cars from leaving the road. They shall be installed where danger exists to the traveling public due to steep topography, narrow roadways, location of drainage ditches or other similar conditions.
C. 
Streetlights shall be installed at street intersections, along vertical and horizontal curves and at the end of dead-end streets. Lights shall be spaced approximately 300 feet apart. Light output shall be appropriate for the specific location in accordance with standards recommended in the current edition of the Illuminating Engineering Society, IES Lighting Handbook.
D. 
Concrete sidewalks are required on all streets and shall have a minimum width of four feet. Sidewalk areas shall be landscaped and durably paved and shall be properly illuminated with adequate lighting as per this section.
E. 
Traffic signs and control devices. These improvements, such as "stop," "yield" and "one-way" signs, etc., shall be designed and installed in accordance with applicable federal, state, county and municipal regulations. Recommendation as to their installation may be made by the Police Department or other competent agency.
F. 
Street trees shall be required on all development applications. Trees shall be approximately 40 feet apart and located between the setback line and the street right-of-way line if possible (including the side street on corner lots) and not closer than 25 feet from any existing or proposed streetlight or street intersection.
(1) 
The trees shall be planted so as not to interfere with utilities, roadways or sidewalks.
(2) 
Trees shall be nursery-grown stock of not less than 2 1/2 inches in caliper at breast height (dbh), with branches commencing not less than eight feet above grade when planted and staked in an approved manner. Where there is adequate existing growth, the Borough may waive this requirement.
G. 
Street furniture. The site plan shall provide for those elements of street furniture made of the same or similar materials to ensure design continuity and be appropriate to the particular use. They may include benches, bike racks, trash receptacles, bus shelters and landscaping planters. All trash receptacles shall be adequately secured, enclosed and screened on all sides by landscaping or other types of attractive materials.

§ 235-714 Obstructions and sight triangles.

A. 
On a corner lot in any district, sight triangles shall be required in which no grading, planting or structure shall be erected or maintained more than three feet above the street center line or lower than 12 feet above the street center line. Traffic control devices, street name poles and utility poles shall be permitted in sight triangle areas.
B. 
Sight triangles shall be provided and shown at all street intersections to assure full visibility of approaching traffic. The sight triangle shall be triangular with the street sides being at least the following lengths: along a county road, as required by the County Planning Board; along an existing municipal street crossing an intersection, 50 feet; and along an existing street ending at an intersection, 30 feet.

§ 235-715 Utilities and facilities.

A. 
Underground utilities.
(1) 
For all major subdivision and site plans, the applicant shall arrange with the Construction Department for the underground installation of the utilities distribution supply lines and service connections in accordance with applicable law and regulations. The applicant shall submit to the Board, prior to the granting of preliminary approval, written certification from the Borough Construction Department of compliance. In such subdivisions which abut existing streets where overhead electric or telephone distribution supply lines have been installed on any portion of the streets involved, such subdivisions may be supplied with electric and telephone service from such overhead lines or extensions thereof, but the service connections from the utilities' overhead lines shall be installed underground.
(2) 
The location of access facilities for servicing the utility in the proposed subdivision shall be developed in conjunction with and as part of the complete subdivision plan.
(3) 
In all developments, easements along rear property lines or elsewhere for utility installations may be required. Such easements shall be at least 20 feet in width and located in consultation with the utility companies and municipal departments concerned.
(4) 
Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose.
(5) 
The Planning Board may waive the requirement for the installation of underground utilities or any other requirement in this subsection, if there are special reasons to warrant such waiver. The Planning Board, in making such determination of waiver, upon the request of the applicant or at the instance of the Planning Board on its own initiative, shall take into consideration the design features of the plan, the character of the area and all other factors which bear on the feasibility of underground utility installations within the subdivision, so as to achieve a harmonious subdivision tract.
B. 
Potable water and sanitary sewer plans. All development shall be served by public water and sewers. All water and sewer plans shall be approved by the appropriate local, county or state agency having jurisdiction over the specific utility.
C. 
Electricity. All electrical plans shall be approved by the Borough Construction Department.
D. 
Stormwater. All stormwater management and drainage plans shall be approved by the Borough Engineer.

§ 235-716 Off-street parking.

A. 
Where applicable, the Residential Site Improvement Standards, as amended from time to time,[1] shall apply.
[1]
Editor's Note: See N.J.A.C. 5:21.
B. 
Off-street parking and loading areas shall be coordinated with the public street system serving the area in order to avoid conflicts with through traffic, obstruction to pedestrian walkways and vehicular thoroughfares. Shared parking among mixed uses shall be encouraged.
C. 
A minimum of 10% of any surface parking facility shall be landscaped and shall include one shade tree for every 12 parking spaces.
D. 
All parking and loading areas abutting mixed-use/residential areas shall be buffered about their periphery with landscaping and/or fencing.
E. 
In the event hardship is proved in providing the required parking on the same lot as the building served, the approving authority may grant a conditional use for off-lot parking, provided:
(1) 
Required spaces are within 500 feet of pedestrian access to the building served, unless some lesser distance is required by the Americans with Disabilities Act.[2]
[2]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(2) 
The off-lot space is held by the same owner in fee simple title or other acceptable form of land control.
(3) 
The land shall not be alienated from the parent parcel or devoted to other use, and this restriction shall be reflected in the deed.
F. 
No off-street parking or loading spaces need be provided for nonresidential uses located in the General Business or Village Commercial Residential Districts on lots that are 2,500 square feet or smaller.
G. 
For nonresidential uses in the B-C and VCR Districts, on-street parking directly fronting a lot shall count toward fulfilling the off-street parking requirement.
H. 
All parking and loading areas for nonresidential uses shall be graded and paved and shall be adequately drained.
I. 
Dimension of parking spaces. Every such space provided shall measure at least nine feet in width and 18 feet in length, exclusive of access drives and aisles. Hairpin striping shall be provided, where appropriate. End-to-end parking spaces shall measure not less than eight feet in width by 23 feet in length. Twenty percent of required parking spaces may be compact spaces measuring 8.5 feet in width by 15 feet in depth.
J. 
Size of aisles. The width of all aisles providing direct access to individual parking spaces shall be in accordance with the requirements set forth below. Only one-way traffic shall be permitted in aisles serving parking spaces placed at an angle other than 90°.
Parking Angle
(degrees)
Aisle Width
(feet)
0 (end-to-end parking)
12
30
12
45
13
60
18
90 (perpendicular parking)
24
K. 
Maximum grade of parking areas.
Areas
Maximum Grade
Parking spaces and service aisles
5%
Main approach walkways to buildings
4%
Collector or other service walkways
6%
Swales
10%
Principal circulation aisles
6%
Driveway entrances and exits up to 25 feet from right-of-way line
2%
Driveway entrances and exits beyond 25 feet from right-of-way line
10%
L. 
Access.
(1) 
There shall be adequate provisions for safe and convenient ingress and egress to all parking areas.
(2) 
Curb cuts for one way traffic shall not be less than 12 feet nor more than 15 feet wide.
(3) 
Every parking area shall have direct access to a street or alley and shall conform with the following:
(a) 
Surface parking. Driveways shall have a minimum width of 10 feet for one-way traffic and 30 feet for two-way traffic.
M. 
Acceleration and deceleration lanes.
(1) 
The Board, at its discretion, may require roadway widening or other street improvements, including acceleration and deceleration lanes, to assure safe ingress and egress where minimum sight distances cannot be obtained. The following minimum standards are recommended:
Acceleration Lanes
(feet)
Deceleration Lanes
(feet)
Legal Speed Limit
(mph)
Full Length
Taper
Full Length
Taper
25 to 39
200
150
150
200
40 to 49
350
200
200
250
50 or more
450
250
250
300
(2) 
The area behind the taper shall be cleared of all obstructions for an appropriate distance from the center line of the road to eliminate any hazardous conditions.
N. 
All off-street parking areas shall be used solely for the parking of passenger automobiles, and no commercial repair work, service or storage of new or used motor vehicles, materials or merchandise of any kind shall be conducted on such parking area.
O. 
Sidewalks in parking areas. Sidewalks shall be required between parking areas and principal structures, along aisles and driveways and wherever pedestrian traffic occurs. They shall have a minimum of four feet of passable width and shall be raised a maximum of six inches above the parking area, except when crossing streets or driveways. Guardrails and wheel stops permanently anchored to the ground shall be provided in appropriate locations. Parked vehicles shall not overhang or extend over sidewalk areas, unless an additional sidewalk width of two feet is provided to accommodate such overhang.
P. 
Landscaping, paving and drainage for parking areas.
(1) 
In outdoor parking lots with 10 or more spaces, not less than 10% of the parking area shall be suitably landscaped to minimize noise, glare and other nuisance characteristics, as well as to enhance the aesthetics, environment and ecology of the site and surrounding area. Waived required parking areas which are landscaped shall not be included in the required 10%.
(2) 
The landscaping shall be located at the entrance of the lots, in protected areas along walkways, center islands and at the end of bays. In narrow islands, low spreading plants, such as creeping juniper, English ivy, myrtle and pachysandra, are appropriate.
(3) 
All landscaping in parking areas shall be carefully located so as not to obstruct sight distance.
(4) 
Off-street parking areas shall be effectively screened where required by the Board by a berm, fence or wall not less than four feet nor more than six feet in height, maintained in good condition; provided, however, that a screening hedge or other natural landscaping may be substituted for the required fence or wall if approved by the Board. The screening, as required by this subsection, may be waived by the Board if, in its judgment, because of topographic or other unusual conditions, said fence is not necessary to buffer adjoining property.
(5) 
Parking areas, loading areas and driveways, except for one- or two-family residences, shall be curbed with granite block and paved.
(6) 
The first 10 feet of the driveway of a one- and two-family residence shall be paved.
(7) 
All parking areas shall be adequately drained in accordance with a drainage plan to be approved by the Borough Engineer.
Q. 
Location of parking.
(1) 
Required off-street parking shall be located only in those locations as set forth below and shall meet all setback requirements set forth in that subsection.
(2) 
Off-street parking facilities as accessory to any use permitted in a residential zone shall be provided on the same lot with the permitted principal building.
(3) 
Off-street parking facilities as required by this chapter in nonresidential zones shall be provided on the same lot as the principal building or use or on other property or properties owned by the applicant in the same or other nonresidential zone, provided that all such property so used is within 500 feet, measured in a straight line, of any entranceway to the principal building or use.
(4) 
Access to or egress from any property situated in a nonresidential zone through the use of a driveway located on property in a residential zone is prohibited.
(5) 
Bicycle racks. Bicycle racks shall be provided for all multifamily and nonresidential developments at the ratio of one bicycle space for each dwelling unit or one bicycle space for each 20 off-street parking spaces or fraction thereof over 20 spaces.
(6) 
Minimum setbacks and required locations for parking areas and driveways:
Zone
Minimum Distance from Property Line
(feet)1
Location
R-1 through R-2
3
Side and rear yards only except as permitted by this subsection
B-C
3
Side and rear yards only
B-G-1, B-G-2
5
Side and rear yards only
Q-MR-1 and Q-MR-2
50
Side and rear yards only
R
20
In all yards
VCR
3
Side and rear yards only
NOTES:
1
In other than R-1 through R-2 Zones, where parking abuts a residential zone or residence, the minimum setback from any property line shall be 10 feet.

§ 235-717 Off-street loading.

A. 
Application. In any building or building group or part thereof hereafter erected and having a gross floor area of 20,000 square feet or more of nonresidential space, there shall be provided and maintained on the same zone lot with such building off-street loading berths.
B. 
Required off-street loading facilities.
(1) 
Location of loading berths. All loading areas shall be on the same lot as the use which is to be served. Such areas shall be located only in a side or rear yard. Such areas shall not encroach upon any required open space, accessway, off-street parking area or public right-of-way. Where located adjacent to any residential district, they shall be set back a minimum of five feet from such property line.
(2) 
Access. All required off-street loading areas shall provide sufficient turning spaces and access.
(3) 
Calculation of required spaces. The number of off-street loading berths required for any use shall be determined by application of the standards set forth below.
Principal Building Size
(square feet)
Required Number of Loading Berths
Up to 20,000
1
20,000 to 50,000
2
Each additional 100,000
1 additional space

§ 235-718 Attics and attic stories.

A. 
Attic space may be improved in accordance with the requirements of the New Jersey Uniform Construction Code if it does not meet the definition of a story or if, in the course of such improvement, it is modified in such a way that it does not become a story in excess of the number of stories permitted in this chapter.
B. 
Attic space which meets the definition of attic story may be improved if the building exceeds the number of stories permitted in this chapter only if there are no changes to the exterior of the building, such as additional or enlarged windows or altered rooflines.

§ 235-719 Easements.

A. 
Easements for utility and drainage installation shall be along side or rear property lines where possible. Such easements shall be of sufficient width to accommodate the facilities, including access for maintenance, but shall not be less than 15 feet wide.
B. 
The removal of trees and ground cover shall be prohibited in a conservation easement or floodplain except for the following purposes: the removal of dead or diseased trees; limited thinning of trees and growth to encourage the most desirable growth; and the removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds or lakes.
C. 
All easements shall be shown on the plat and described in the deed and shall be clearly labeled and dimensioned to permit accurate location of easement limits.
D. 
Internal grading of a lot as by swale, berm, or other topographical feature designed to intercept or direct waters shall be dedicated by recorded instrument and described in the deed in such a way as to give notice to future owners of said property and insure continued maintenance of the drainage feature.

§ 235-720 Floodplain regulations. [1]

A. 
Any development or construction located within the flood fringe or floodway of any stream within the Borough of Prospect Park with a drainage area of 150 acres or more shall meet the requirements of N.J.A.C. 7:13, the flood hazard area regulations, and N.J.S.A. 58:16A-50 et seq., the Flood Hazard Area Control Act, and shall be subject to approval by the New Jersey Department of Environmental Protection.
B. 
Developments or construction located within the flood fringe or floodway of any stream within the Borough of Prospect Park with a drainage area of less than 150 acres may be approved by the Municipal Engineer. However, all such projects shall conform to the requirements of N.J.A.C. 7:13, the flood hazard area regulations, and N.J.S.A. 58:16A-50 et seq., the Flood Hazard Area Control Act.
[1]
Editor's Note: See also Art. XXVIII, Flood Hazard Areas, of this chapter.

§ 235-721 Quarry design standards specific to Q-MR-1 and Q-MR-2 Districts.

A. 
Intent of quarry design standards.
(1) 
To design a new neighborhood recognizing the unique conditions of the former Tilcon Quarry.
(2) 
To encourage innovative building design so that housing demand for varying age groups, families and income levels may be met by greater variety in type, design, and layout of dwellings and by the conservation and more efficient use of open space ancillary to said dwellings. To that end, the goal is cluster development to accommodate mid-rise condominium-style flats.
(3) 
Require the establishment and reinforcement of the physical, visual, and spatial characteristics through the consistent use of compatible urban design and architectural design elements. Such elements shall relate the design characteristics in a harmonious manner, resulting in a coherent overall development pattern and streetscape.
(4) 
Provide a layout of streets and open space edges that encourage pedestrian interconnections to Hofstra Park, civic and commercial uses.
(5) 
Establish community greens which act as focal points of activity and interaction.
(6) 
Provide a clearly articulated and rationally designed open space system that consists of both integrated active and passive parks.
(7) 
Extend greater opportunities for housing, limited commercial and recreation facilities to all residents of the Borough.
(8) 
To encourage a more efficient use of land and public services by clustering development to increase open space.
(9) 
Provide an approval procedure which will require the development to relate the type, design, and layout of residential and any limited commercial uses on any site to the surrounding environs and context, and to the Borough's goal of encouraging a vibrant new pedestrian active residential neighborhood in a manner sensitive to the preservation or enhancement of property within neighboring residential areas.
(10) 
Establish policies and procedures intended to promote flexibility for the marketability of unit types while requiring the maintenance of the underlying integrity of the plan in an efficient and expedient forum.
(11) 
Establish a street and path network which accommodates an integrated multimodal transportation system with the intent of providing safe pedestrian connections.
(12) 
Encourage shuttle service to nearby public transportation to reduce traffic congestion by reducing the need for everyday use of private vehicles.
(13) 
Promote the creation of places which are oriented to the pedestrian, promote citizen security, and social interaction.
(14) 
Incorporate a component specifically addressed to the needs of senior citizens.
B. 
General requirements.
(1) 
Each dwelling unit shall contain complete kitchen facilities and toilet, bathing and sleeping facilities, as well as living space, and shall have a minimum gross floor area in accordance with the following schedule, provided that all market-rate units shall contain no greater than two bedrooms.
(2) 
Market-rate one-bedroom dwelling units and/or efficiency units shall have a minimum of 700 square feet of floor area.
(3) 
Market-rate two-bedroom dwelling units shall have a minimum of 900 square feet of floor area.
(4) 
Provisions shall be made in any mid-rise apartment structure to provide access for the handicapped.
(5) 
Parking may be permitted on the ground floor or below ground, provided it shall not be more than two levels below ground, and provided that, except for necessary driveways, no accessory parking garage or area shall be directly visible from any interior streets associated with the Q-MR-1 and Q-MR-2 Districts.
(6) 
All mid-rise apartment structures shall incorporate energy conservation techniques and the utilization of alternative sources of energy to the maximum extent practical. The applicant shall submit an energy conservation analysis and report to the Land Use Board for its review at the time of submitting for final site plan approval.
(7) 
All installations of utilities shall be underground and all mid-rise apartment developments shall have public sewerage facilities and water supply available prior to development or made available by the developer.
(8) 
All mid-rise buildings shall be equipped with security systems designed to prevent unwanted or unauthorized intrusion of the building, unless twenty-four-hour doorman services are to be provided. The security system shall permit two-way communication between each apartment unit and the entrance area so as to provide residents with a means of identifying persons wishing to gain admittance.
(9) 
Any mid-rise apartment development shall provide some recreational facilities for residents and the maintenance of any open space or recreational facilities or areas shall be the responsibility of the developer.
(10) 
In addition to the required habitable floor area, there shall be a minimum storage area in each building for bicycles, carriages, furniture, and similar incidental equipment of items, equal to 35 square feet in area by a minimum of seven feet in height per unit.
C. 
Building design and articulation.
(1) 
General guidelines.
(a) 
The intent of this section is to help create two distinct walkable neighborhoods with pedestrian-scaled and visually interesting buildings that orient to and complement the network of streets, open spaces and community facilities. Taken together, the guidelines will help shape a new and memorable community with a "sense of place."
(b) 
The overall design guidelines are organized around four design approaches:
[1] 
Place buildings to frame open spaces and streets, creating a pedestrian-friendly environment;
[2] 
Locate parking inside buildings and behind buildings, away from view of streets, required open spaces and community facilities;
[3] 
Encourage visually interesting and pedestrian-scaled buildings with high-quality materials; and
[4] 
Preserve key view corridors and reduce the need for extensive regrading of the site by strategic placement of buildings, open spaces and streets.
(c) 
All buildings in their design and layout are to be integrated into the total development scheme. The design intent shall be to achieve the appropriate relationships in scale, form, functional utility as well as appropriateness and relationship to adjoining buildings. The materials to be used shall be suitable for application in an established north New Jersey residential community.
(d) 
The intent is to permit mid-rise residential buildings to serve the demand for housing of varied types and designs, to allow flexibility and economy in layout and design. The goal is to create a comfortable human experience within the community with a continuity of design that allows for individuality of design while still providing a distinct identity for the area.
(e) 
All structures shall be situated with proper consideration of their relationship to other buildings, both existing and proposed, in terms of light, air and usable open spaces, access to public rights-of-way and off-street parking, height and bulk.
(f) 
Groups of related buildings including mid-rise apartments, along with architectural focal points such basins, greens and the community center shall be designed to present a harmonious appearance in terms of building silhouette, architectural style and scale; massing of building form; surface material, finish and texture; decorative features; window and doorway proportions, entryway placement and location, signage and landscaping.
(2) 
Building placement and orientation.
(a) 
Within the Q-MR-1 and Q-MR-2 Districts, building heights should generally step down towards the southern edge of the site so as to maintain key views to a large central "green" or lake and to gradually transition in scale and density from the surrounding residential neighborhoods.
(b) 
All buildings in both zones shall be placed around the central greens and in no event can buildings or parts of buildings block views of greens from interior streets within the development.
(c) 
The siting of the building upon the tract shall be determined to afford maximum solar gain and minimum effects from prevailing winter winds and to assure that the siting does not result in the excessive blockage of solar access for adjoining properties and structures.
(3) 
Building entries.
(a) 
Primary pedestrian entrances should be sited to face, frame and open onto the interior streets, required open spaces and community facilities rather than alleys, driveways and parking lots.
(b) 
The front facade and primary pedestrian entries of mid-rise buildings and the community center/pool shall open onto an interior street.
(c) 
Provisions shall be made in any mid-rise apartment structure to provide access for the handicapped.
(4) 
Bay spacing and differentiation.
(a) 
All street-facing building facades longer than 50 feet shall be broken up into smaller bays so as to give the appearance of a series of residential buildings rather than a large building mass. Facades shall be broken down in scale with distinct bays of no less than 20 feet to 50 feet.
(b) 
For front facades of mid-rise buildings, a recess of at least 20 feet deep and 20 feet wide shall be provided every 150 feet or portion thereof. The recesses shall be architecturally integrated into the overall architecture of the building.
(c) 
All mid-rise building front façade bays shall also include a change in the facade plane of at least five feet.
(d) 
The design and dimensions of bays along one building facade should create a varied articulation; a monotonous repetition of bays along a very long facade should be avoided.
(e) 
In addition to the required change in plane, bays may be differentiated through variation in material, texture, masonry pattern and glazing patterns.
(5) 
Vertical differentiation.
(a) 
All mid-rise buildings shall be articulated with a base, middle and top. This breaks down the scale of tall buildings while maintaining a pedestrian-friendly environment along the streets. This applies to buildings that are six stories and greater.
(b) 
Base. The base is the lower one or two levels of a building. To define a base in residential buildings, unique materials and window pattern and proportion are encouraged. A base of bulkhead area of contrasting material is encouraged in order to highlight the first level.
(c) 
Middle. The middle of the building should be distinguished from the top and the base by horizontal belt courses or trim cornices, stepbacks, and setback changes in material, masonry or fenestration pattern, and/or other appropriate means.
(d) 
Top and roof. Depending on the height and design of the building, the top of the building may be just the roofline or the top one or two floors. The roofline should relate to the bay massing so as to appear as a series of side-by-side buildings. Rooflines should be emphasized, for example, by variation in roof forms such as flats roofs, with parapets and/or cornices. Flat roof areas can serve as landscaped roof decks for adjacent units or for the entire building.
(e) 
Pitched roofs shall have a slope within the range of 1:1 or 1:2 rise: run. Dormer windows and multifaceted roof forms are also encouraged.
(f) 
All building roofs shall be designed so as to appear attractive from the high entry roads.
(6) 
Building stepbacks. Building stepbacks are an effective design strategy to reduce the overall mass and appearance of tall buildings and to create valuable private spaces such as terraces on upper stories. To achieve this design strategy, the following is required.
(a) 
Buildings taller than four stories shall provide front-facade and/or side-facade stepback or other change in massing at upper floors in order to downplay their mass and visibility.
(b) 
Stepbacks are measured with respect to lower-level facades and not property lines.
(c) 
One front-facade stepback or change in massing of at least five feet shall be provided above four stories.
(d) 
The following regulations apply to all residential buildings and refer to stepbacks along the side facades, thus reducing the overall scale and mass of building facades:
[1] 
No stepbacks are required for building stories one through five.
[2] 
For stories six through seven, building facades shall stepback a minimum of 15% of the building footprint at the fifth floor.
[3] 
For stories eight through nine, building facades shall stepback an additional 15% with respect to the building footprint at the seventh floor.
[4] 
Note that all the above stepback requirements allow flexibility in stepback design by permitting stepbacks along one side or from both sides to avoid a uniform stepback approach.
(7) 
Rooftop mechanical equipment.
(a) 
All mechanical equipment shall be adequately screened from view from properties directly adjacent to the quarry property line. This may be achieved in a variety of ways including using landscaping, decorative walls, and decorative fencing.
(b) 
All rooftop mechanical equipment shall be set back at least 10 feet from the upper-level building facades and be set back far enough that it is not visible from the streets within the quarry tract area.
(c) 
All rooftop equipment shall be screened from view in a manner consistent with the architectural design and materials of the buildings.
(8) 
Building transparency.
(a) 
Principal entries shall be visible and easily identifiable and highlighted by prominent architectural features such glazing, overhangs, etc.
(b) 
Secondary entrances should be clearly designed as secondary in importance with the overall facade requirements.
(c) 
Service entrances shall face parking lots or driveways and be placed at the rear and not facing streets or other public spaces.
(d) 
All residential mid-rise buildings shall have primary lobby entries connected to the sidewalk via a pedestrian walkway. Individual entries for ground-floor units are encouraged as well.
(e) 
Secondary entries also shall be connected to the sidewalk by pedestrian paths.
(9) 
Ground-floor elevations.
(a) 
For all residential buildings, it is important to balance the need to provide a sense of privacy and separation for first-floor units with the need to provide transparency and a relationship to the street and the sidewalk.
(b) 
For residential mid-rise buildings, the common building entrances shall be located at grade. The finished floor elevations of ground-floor units should be raised at least several steps above grade but shall not be more than four feet above sidewalk grade.
(10) 
Windows.
(a) 
Window size and proportion are allowed to vary in order to complement a variety of building styles.
(b) 
For all levels of residential areas and of parking areas disguised with architectural detailing, windows shall be provided, occupying at least 25% of the facade area.
(c) 
Blank walls are prohibited for all buildings.
(11) 
Building materials.
(a) 
The primary permitted facade materials are stone, wood clapboard siding or synthetic materials that mimic clapboard such as hardieboard/plank, decorative concrete, masonry, brick, stucco and spandrel glass with accents in metal, tile, stucco, stone or cultured stone. EIFS and vinyl siding are prohibited.
(b) 
Pitched roofs shall use dimensional shingles, metal, slate substitutes, clay tile or lightweight concrete tile.
(c) 
No more than three basic materials with a variety of textures and accents should be used on each facade bay.
(d) 
Preferred building colors are a combination of lighter colored materials/precast concrete and darker brick in the earth tones.
(e) 
Each building shall use the same level of detailing, materials and massing on all street-facing facades. In addition, materials along front facades shall be wrapped around corners so as to look substantial and not pasted on.
(f) 
All building and unit entrances shall be clearly defined and well-lit.
(g) 
Foundation plantings shall be provided along the building to provide a desirable visual environment.
D. 
Maintenance of common elements. The developer shall submit proposals for ownership and maintenance of common elements including open space, recreation facilities, meeting rooms, parking areas, driveways, private streets and similar facilities. The proposal shall be reviewed and approved by the Land Use Board as a condition of preliminary site plan approval.
E. 
Parking design.
(1) 
As part of the goal of encouraging pedestrian-friendly design, the visibility of off-street parking areas from street, sidewalks, open spaces and other public spaces shall be minimized. The unique topography of the quarry more easily facilitates high entry roads along the periphery of the tract with a residential development area in the middle at a lower elevation. Site design encourages hiding parking areas from direct view of the elevated high access points and entry roads.
(2) 
Sidewalks shall be required between parking areas and principal structures wherever pedestrian traffic occurs. They shall have a minimum of four feet of passable width. Parked vehicles shall not overhang or extend over sidewalk areas unless an additional sidewalk width of two feet is provided to accommodate such overhang.
(3) 
On-site parking areas and streets shall be paved with asphalt and curbed with concrete or granite block as approved by the Borough Engineer.
(4) 
Structured parking is permitted on the first and second levels of buildings and is the preferred solution, provided that such parking is hidden from direct view of streets, open spaces and other public areas by being located behind residential and common lobby spaces.
(5) 
The rear parking facades can be screened architecturally as described below:
(a) 
Parking garage facades shall be architecturally screened to harmonize with the building;
(b) 
The facades shall be architecturally integrated with the building facade both vertically and horizontally. Parking facades shall be broken into bays and fenestration patterns similar to the rest of the building mass; and
(c) 
Articulation of bays for the rear structured parking facade may begin above the second floor, creating a podium or terrace above the parking area.
(d) 
Exposed parking structures below buildings supported by columns or "pilotis" are not permitted to count towards the structured parking requirement.
(6) 
Garage entries and exits are prohibited to open onto the interior streets that border the central greens. Access to parking garages shall be via driveways or alleys that lead to the rear of the building and then to the parking garage.
(7) 
Garage doors may not exceed 20 feet in width and garage curb cuts shall not exceed 24 feet in width.
(8) 
Off-street surface parking lots:
(a) 
Surface parking lots shall be located to the rear of the residential buildings and away from direct view of streets and required open spaces.
(b) 
Large surface parking lots are discouraged; however, if they cannot be avoided, they should be subdivided into smaller lots with pedestrian pathways and landscaping. Further details on landscaping of parking lots are detailed in § 235-716C.
(c) 
No more than one surface parking lot may be provided for each residential building. However, adjacent buildings can share parking spaces, provided they are located within 250 feet of the buildings. Each surface parking lot shall contain no more than 135 parking spaces and be more than two sixty-foot parking bays in width.
(d) 
A continuous surface parking lot connecting three or more mid-rise buildings is prohibited. Rather, individual parking lots connected via driveways are required.
(e) 
All parking spaces shall be located within walking distance (250 feet) of the use that they serve.
(9) 
On-street parking.
(a) 
On-street parking spaces shall be defined at both ends by bulb-outs or neck-downs and/or crosswalks wherever possible.
(b) 
Parking spaces shall be striped with paint or other material as directed by the Borough's ordinance.
(10) 
Parking requirements and ratios.
(a) 
Given the unique geography and the importance of quality design, parking and loading requirements are applied on a district-wide basis rather than under traditional zoning wherein parking shall be contained entirely off-street and on site.
(b) 
Parking within the district may be satisfied through a combination of parking garages, parking lots and on-street parking.
(c) 
Structured parking garages shall provide at least 20% of the parking requirement. Additional parking spaces (up to a maximum of 45% of the parking requirement) may be provided in surface parking lots that are located at the rear of a building away from view of streets, pedestrian paths, and open spaces.
(d) 
All parking ratios described herein apply towards the total parking requirement for the entire development and not for individual buildings.
(e) 
Summary of parking location regulations:
Table 1: Q-MR-1 and Q-MR-2 Zones
Q-MR-1 and Q-MR-2 Zones
Minimum Required
(% of total parking requirement)
Maximum Permitted
(% of total parking requirement)
On-street parking
20%
40%
Off-street structured parking
20%
No maximum
Off-street surface parking
No minimum
45%
F. 
Sidewalks.
(1) 
All streets that require sidewalks shall have a minimum pedestrian walkway clearance of four feet as per RSIS standards. This width shall be free of all obstacles and street trees shall be provided along all sidewalks.
(2) 
All sidewalks shall be continuous and extend as bulb-outs or neck-downs at intersections and at ends of the parking lanes or spaces.
G. 
Open space.
(1) 
The quarry design standards envision the incorporation of at least two central greens in addition to other parks, plazas, stormwater basins and open spaces.
(2) 
All buildings shall be oriented around central greens.
(3) 
Corner parks and seating areas are encouraged throughout the tract.
H. 
Stormwater basins.
(1) 
Stormwater basin design shall comply with the New Jersey Department of Environmental Protection (NJDEP) Stormwater Best Management Practices Manual Chapter 7.
(2) 
Stormwater basins shall be landscaped with grassy areas, shrubbery with a low perimeter decorative wall, with openings for easy movement of water, made of brick, stone or similar material.
I. 
Mechanical and utilities.
(1) 
All installations of utilities shall be underground and all mid-rise apartment developments shall have public sewerage facilities and water supply available prior to development or made available by the developer.
(2) 
A wall of venting for mechanical rooms shall not be permitted along facades facing streets, pathways, and open spaces.
J. 
Signs.
(1) 
One project identification sign shall be permitted per entrance and shall not exceed 20 square feet in area on either side and eight feet in height and shall be situated within the property lines but not attached to the building. The sign may include only the name of the project, the street address, the presence or lack of vacancies and the availability of supporting or recreational facilities on the premises.
(2) 
No other signs, other than pedestrian and vehicular directional signs, shall be visible from off the premises.

§ 235-722 Apartments above ground floor.

In the B-C Community Business Zone, B-G-1 General Business Zone and VCR Village Commercial/Residential Zone, apartments shall be permitted above the ground floor, subject to the following:
A. 
Each apartment shall have its own entrance to a hallway, staircase or to the exterior.
B. 
The ground floor entrance to the apartment unit or units shall be separate from the entrance to the ground floor use.
C. 
An applicant or developer shall provide credible evidence to the satisfaction of the reviewing board that sufficient parking spaces are available and/or reserved in either public or private off-street parking lots for the overnight parking of vehicles of the prospective tenants of the apartment or apartments.
D. 
Such apartments shall be a minimum of 350 square feet for one-room studio or efficiency apartments and 150 square feet for each additional bedroom, but in no case contain more than two bedrooms or exceed 950 square feet in size.
E. 
No boarders shall be permitted to occupy such apartments, nor shall any portion of the space within the apartment be sublet or rented out for any period of time.
F. 
A minimum lot size of 5,000 square feet is required.
G. 
The gross density shall not exceed 19 units per acre.
H. 
A principal nonresidential use must be located on the ground floor of the building.

§ 235-801 General applications.

A. 
As a condition of approval and the continuance of any use, occupancy of any structure and operation of any process or equipment, the applicant shall certify compliance with the performance standards contained herein. Permits and certificates required by other government agencies shall be submitted to the Board as proof of compliance with applicable codes.
B. 
The regulations contained in this article shall not apply to one- and two-family dwellings, but shall apply to any home occupations contained therein.
C. 
All the requirements of this article shall be items covered in the developer's agreement.

§ 235-802 Temporary certificates of occupancy.

A. 
In the event that a determination cannot be made at the time of application that a proposed use, process or equipment will meet the standards established in this article, the Board may recommend issuance of a temporary certificate of occupancy. The temporary certificate of occupancy shall be based on submission of evidence (e.g., bond) that the proposed use, process or equipment will meet the standards established herein after completion or installation and operation.
B. 
Within 60 days after a temporary certificate of occupancy is granted, satisfactory evidence shall be submitted to the Construction Official that all standards established by this article have been met. Upon such submission, a final certificate of occupancy shall be issued.

§ 235-803 Regulation of nuisance elements.

A. 
The determination of the existence of nuisance elements shall be made to the following locations:
Nuisance Characteristic
Location of Test
Smoke
Vent or smokestack
Air pollution including solid particles or fly ash
Vent or smokestack
Odors
Property line
Liquid waste
Property line
Solid waste
Property line
Noise
Property line
Vibration
Building wall
Glare
Property line
Trespass lighting
Property line
Temperature change: gas, liquid or solid
Vent or smokestack property line
B. 
Continued compliance with the performance standards stated herein shall be a requirement for the continued occupancy of any structure or the operation of any process or equipment.

§ 235-804 Standards to be enforced.

A. 
Air pollution.
(1) 
General. No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to property or which interfere unreasonably with the comfortable enjoyment of life and property anywhere in the Borough. All provisions of Title 7, Chapter 27 (Incinerators) of the New Jersey Administrative Code (N.J.A.C.), or the regulations contained in this section, whichever shall be more stringent, shall apply.
(2) 
Smoke. In any nonresidential zone, no smoke, the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart, shall be emitted into the open air from any fuel-burning equipment; provided, however, that smoke emitted during the cleaning of a firebox or the building of a new fire, the shade or appearance of which is not darker than No. 2 on the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 15 consecutive minutes. Smoke emissions from the combustion of fuel and mobile sources and from stationary internal combustion engines shall not exceed the limits set forth in N.J.A.C. 7:27.
(3) 
No open burning shall be permitted in any district.
(4) 
Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected.
B. 
Wastes.
(1) 
Liquid wastes. No liquid waste shall be discharged into any watercourse in the Borough without all necessary permits from the New Jersey Department of Environmental Protection (NJDEP). No liquid waste shall be discharged into the public sewage collection and disposal system unless the appropriate Borough official shall have first investigated the character and volume of such wastes and shall have certified that the Borough will accept the discharge of such waste material into the system. The applicant shall comply with any requirements of said officials, including the pretreating of such wastes, the installation of processing methods, separation or screening of wastes, control of pH and other methods of improving such wastes prior to discharge, as a condition of approval of such facilities.
(2) 
Solid waste. Each property owner shall be responsible for:
(a) 
Adequate and regular collection and removal of all refuse, except where the Borough assumes such responsibility.
(b) 
Compliance with all applicable provisions of the NJDEP.
(c) 
Compliance with all provisions of Title 7, Chapter 26 of the N.J.A.C., where applicable.
(d) 
No accumulation on the property of any junk or other objectionable materials except in designated trash receptacles.
C. 
Noise. All applications shall comply with the provisions of N.J.A.C. 7:29 (Noise Control).
D. 
Vibration. In any zone, vibrations discernible without instruments at the measuring location shall not be permitted.
E. 
Glare. No single standard for glare is promulgated in this chapter due to the impracticality of establishing such standards. It is the intent of these performance standards to ensure that both direct and indirect glare, to the extent possible, are eliminated or that activities producing such glare are carried on within a structure. Necessary glare-producing devices such as glazing, roadway and walkway lighting shall be designed, constructed and maintained in such a manner as not to be a nuisance to surrounding uses.
F. 
Trespass lighting. All applications shall comply with the provisions of this chapter.
G. 
Temperature change. Any use or process shall not produce a temperature change greater than 3° C. at the measuring location.
H. 
Fire and explosive hazards. If it appears that any proposed use, structure, process or resulting product or material may constitute a fire or explosion hazard, the Board may require the applicant to supply proof of:
(1) 
Approval of the use, structure, process or resulting product or material from the State Department of Labor indicating that adequate safeguards against fire and explosion have been taken or installed.
(2) 
Approval from the Borough of Prospect Park Fire Department that the applicant has complied with all applicable Borough fire prevention regulations.

§ 235-901 Borough standards.

All standards and specifications of the Borough as now or hereafter adopted, if any, shall govern the design, construction and installation of all required improvements. Failure of the developer, his contractor or agent to conform to said specifications shall be just cause for the suspension of the work being performed. No developer shall have the right to demand or claim damages from the Borough, its officers, agents or servants by reason of said suspension.

§ 235-902 Other standards.

In the event that the Borough has not adopted standards for a specific type of improvement, then generally accepted engineering standards, as set forth in current engineering and construction manuals as may be approved and modified by the Borough Engineer for a specific situation, shall be used.

§ 235-903 Grades.

All construction stakes and grades shall be set by or under the supervision of a licensed land surveyor. One copy of all cut sheets shall be filed with the Borough Engineer prior to the commencement of any construction.

§ 235-904 Approved plans.

Prior to commencement of construction of required improvements, the Borough Engineer shall have received and approved the complete plans and profiles of all improvements to be installed or constructed. No improvements shall be accepted by the governing body and no performance guaranties released until the Borough Engineer has received and approved drawings showing the plans, grades and profiles of all improvements as finally constructed.

§ 235-905 Site conditions.

During construction, the site shall be maintained and left each day in a safe, clean and orderly manner, and any condition which could lead to personal injury or property damage shall be immediately corrected by the developer or upon an order by the Construction Official or other authorized personnel.

§ 235-906 Disposal of dead trees, litter, building materials.

All stumps, litter, rubbish, brush, weeds, dead and dying trees, debris and excess or scrap building materials shall be removed or destroyed immediately upon the request of and to the satisfaction of the Construction Official prior to issuing an occupancy permit. No such refuse shall be buried on the site.

§ 235-907 Changes in elevation.

A. 
No change shall be made in the elevation or contour of any lot or site by the removal of earth to another lot or site other than as shown on an approved preliminary plan.
B. 
Minimal changes in elevation or contours necessitated by field conditions may be made only after approval by the Borough Engineer. All said changes shall be shown on the final plan and indicated as a change from the preliminary, or, if final approval has been granted, all changes shall be shown on the as-built plans.

§ 235-908 Excavations.

No excavation shall be created or maintained, except when required for the foundations of structures or in connection with and during the installation of facilities for permitted uses. Such excavation shall be used for the intended purpose or shall be refilled to the average surrounding ground level, in such a manner as to prevent the collection of water, erosion of earth or collapse or sliding of banks, within six months from the date of commencement of such excavation.

§ 235-909 Topsoil removal.

The applicant shall obtain all necessary permits.

§ 235-910 Preconstruction meeting.

Prior to the commencement of construction, the developer shall arrange for and attend a preconstruction meeting in conformance with the requirements of the Borough Engineer.

§ 235-1001 General.

Prior to the granting of final approval, the applicant shall have installed or constructed improvements required by the Board or have posted a performance guaranty or surety sufficient to cover the costs of said improvements. The Board may solicit local, county, state, federal, public or semipublic agencies and knowledgeable individuals on what improvements shall be required. Improvements recommended by other agencies, such as a utilities authority, county, state or other governmental agencies, may be required by the Board as a condition of final approval. It is recognized, however, that in certain situations all of the improvements listed below may not be appropriate or needed. These items may then be waived by the Board.

§ 235-1002 Specific improvements to be constructed or installed.

A. 
Stormwater. The on-site stormwater disposal system shall be in accordance with this chapter.
B. 
Sewage disposal. Provisions shall be made to convey effluent from each lot through laterals and interceptors of adequate size, material and capacity to collectors and then to trunk sewers to public treatment facilities.
C. 
Water. Provision shall be made to provide each lot with an adequate and continuous supply of potable water.
D. 
Utilities. Gas lines, telephone lines, electrical service, cable television an dissimilar utilities shall consist of those improvements required by the applicable utility or federal or state law.
E. 
Vehicular and pedestrian improvements. Such improvements shall include paving, curbs, gutters, sidewalks, bicycle paths, driveways, lighting, traffic signs, traffic control devices and guardrails.
F. 
Other improvements. These improvements shall include but are not limited to the following: street trees, topsoil, earth removal, borrow and fill and improvements to prevent damage to adjacent property.
G. 
Monuments. Monuments shall be of such size, shape and location as required by the Map Filing Law.[1]
[1]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
H. 
Temporary improvements. During construction, the Borough Engineer may require the installation or construction of improvements to prevent the installation or construction of improvements to prevent or correct temporary conditions on the site which could cause personal injury, damage to property or constitute a health hazard. These conditions may result from flooding, heavy construction traffic and pollution. Improvements may include grading, planting, retaining walls, culverts, pipes, guardrails, temporary roads and other appropriate to the specific conditions.