South Amboy, NJ Zoning Ordinance

Any accessory building attached to a principal building is part of a principal building and shall adhere to the yard requirements for the principal building.

Sheds. Any shed, unattached to the principal building, and as defined in Section 53-46, is limited to one. It shall not exceed 15 feet in height and be limited to one story. It shall not exceed 180 square feet in area and shall adhere to all other bulk schedule requirements.

[New]

(2)

Alcoholic and/or narcotic and/or drug abuse treatment center.

[Added 7-13-81 by Ord. No. 1066]

Full and unconditional written certification of the proposed center shall be obtained from the New Jersey State Department of Health and the Division of Narcotic and Drug Abuse Control, consistent with the standards set forth in N.J.A.C. 8:63-1.1 et seq. and any amendments adopted as prescribed by law, prior to the application for a municipal building permit.

Full and unconditional written certification by the New Jersey Department of Health of the conformance of the proposed center with the Standards for Licensure of Free-Standing Ambulatory Care Programs and Facilities shall be obtained prior to the application for a municipal building permit.

(Reserved)

[Repealed 2-19-2014 by Ord. No. 1-2014]

All staff positions shall be identified as to title, function, authority, hours and responsibility, minimal education and/or experience requirements. Such identification shall be in writing and made available to the governing body of the city upon demand. The center shall provide verification of all staff credentials and/or other qualifications to assure that they are as stated.

All individual programs and services of the center shall be individually identified in writing, including a description of the program, staff, admission requirements, statement of objectives, methodology of delivery, personnel, requirements and procedure for evaluation of program effectiveness.

The application for the treatment facility shall include written approval of final architectural plans by the State Office of Health Facility Construction and Monitoring, Division of Health Resources, Department of Health.

The facility shall comply with all applicable provisions contained in Chapters 136 and 138, Laws of 1971, Health Care Facilities Planning Act, N.J.S.A. 26:2H-2 et seq., and any amendments adopted as prescribed by law.

No health care facility shall be owned or operated by a person convicted of a misdemeanor or a high misdemeanor relating adversely to his/her capability of owning or operating that facility unless that person is considered rehabilitated as stipulated in the Rehabilitated Convicted Offenders Act, N.J.S.A. 2A:168A-1 et seq., and any amendments adopted as prescribed by law.

All professional personnel shall be licensed or authorized under the appropriate laws or regulations of the State of New Jersey.

The program director and medical director shall be specifically designated at the time of the application.

Construction standards for new buildings and/or additions, alterations and renovations to existing buildings for ambulatory health care facilities shall be in accordance with the Uniform Construction Code and the standards imposed by the United States Department of Health, Education and Welfare (HEW), the Department of Health and the Department of Community Affairs, specifically the HEW Minimum Requirements of Construction and Equipment for Hospital and Medical Facilities.

The center shall meet all local ordinances, including building, zoning, health and fire, and other regulations.[1]

Editor's Note: See also the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 and the City Code.

A site plan prepared in accordance with Section 53-60 shall accompany each application for approval of the proposed use.

In addition to compliance with local fire ordinances, the center shall meet the following minimum standards:

A fire procedure shall be established indicating the center's fire detection system, fire alarm procedures and evacuation routes.

The center shall, in addition to the establishment of a fire procedure, maintain operable fire extinguishers, evacuation route signs, fire escapes and other such detection, evacuation and fire-fighting equipment as required under local ordinances.

The proposed use shall conform to all bulk, design, buffering and other requirements of the zone in which it is a conditional use, except as otherwise set forth in this section.

(p)

The center shall provide for trash and garbage disposal, including provisions for storage in enclosed containers until removal, with the containers designed in conformance with Subsection A(25)(i) of this section.

(q)

Minimum site landscaping shall be not less than 10% of the gross site area, designed in conformance with Subsection A(5) of this section and based upon the submission and approval of a detailed landscape plan.

(r)

The center shall be a freestanding facility, with no other principal use on the lot or structure under consideration.

(s)

A statement of the anticipated number of patient visits by day, week, month and year shall be submitted, with supportive documentation.

(t)

The anticipated number of daily vehicular movements shall be submitted, with differentiation between passenger vehicle, bus/van and truck movements; peak hour trip generation data shall be provided, based upon the findings of a comprehensive traffic study prepared by a New Jersey professional engineer.

(u)

Off-street parking shall be provided at the rate of one space for each 100 square feet of gross floor area, in addition to one space per staff member.

(v)

(Reserved)

[Repealed 2-19-2014 by Ord. No. 1-2014]

(3)

Apartments and townhouses.

Each overall development shall have a compatible architectural and landscaping theme with variations in design to provide attractiveness to the development. Each project shall specify how each of the following considerations has been incorporated into the overall plans: landscaping techniques; building orientation to the site and to other structures; topography; natural features such as wooded areas, drainage courses, soil conditions and topographic relief, and building design features such as varying unit widths, staggering [five feet] unit setbacks, providing different exterior materials, changing roof lines and roof designs, altering building heights, changing types of windows, shutters, doors, porches and colors, and vertical or horizontal orientation of the facades, singularly or in combination.

The configuration of structures may be any alignment that meets the yard requirements and does not exceed the following overall or component building lengths: 200 feet on one plane, 340 feet on the second line of any angled building and 500 feet. The required passageway between two structures which has a roof attached to both structures shall be included in calculating these lengths. Structures, as measured along the center line, shall provide one opening at ground level at least every 150 feet. This opening shall be a minimum of 15 feet in clear width and a minimum of 10 feet in clear height and located so that the floor level is at an elevation of not more than eight inches above or below the finished grade of the adjoining ground. The configuration of townhouse structures may be any alignment that meets the yard requirements but has not less than four nor more than six units in one overall structure.

No dwelling unit shall have a living area level lower than the finished grade along the front of the structure.

All required open space shall be improved for the purposes intended as shown on the plan, with 50 feet between facing rear walls.

No development shall exceed the density specified in the zoning provisions. No attached back-to-back units shall be permitted.

Recreational facilities within an apartment or townhouse development may be located either in the designated open space or within the yard areas of each structure, notwithstanding the fact that the recreational facilities may overlap imaginary yard lines used to establish the minimum distance between structures under this chapter. The specific location of any recreational facilities shall give consideration to the proximity of structures, type of recreational facility proposed, expected noise level and evening illumination which may create a possible nuisance for residents, and expected pedestrian and bicycle traffic across major interior roads and driveways.

Editor's Note: See the Bulk Schedule Requirements included as an attachment to this chapter.

(4)

Blocks.

Block length, width and acreage shall be sufficient to accommodate the size of lot required in that zoning district and to provide for convenient access, circulation control and traffic safety.

Blocks of 1,000 feet long in residential areas shall be discouraged, but where they are used, pedestrian crosswalks and/or bikeways between lots may be required in locations deemed necessary by the approving authority and shall be at least eight feet wide and be straight from street to street. Blocks over 1,000 feet in residential areas shall be prohibited. For commercial and industrial uses, block lengths shall be sufficient to meet area and yard requirements for such uses and to provide proper street access and circulation patterns.

(5)

Buffers.

Buffer areas shall require site plan approval and are required along all lot lines and street lines which separate a nonresidential use from either an existing residential use or residential zoning district. Buffer areas shall be developed in an aesthetic manner for the primary purposes of screening views and reducing noise perception beyond the lot. Buffer widths shall be measured horizontally and perpendicularly to lot and street lines. No structure, activity, storage of materials or parking of vehicles shall be permitted in a buffer area. The standards for the location and design of buffer areas are intended to provide flexibility in order to provide effective buffers. The location and design of buffers shall consider the use of the portion of the property being screened, the distance between the use and the adjoining property line, differences in elevations, the type of buffer such as dense planting, existing woods, a wall or fence, buffer height, buffer width and other combinations of man-made and natural features. The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line or the more intense the use, the more effective the buffer area must be in obscuring light and vision and reducing noise beyond the lot, as determined by the administrating Board.

A minimum of 1/2 of the periphery that requires a buffer shall have a buffer at least 10 feet wide which shall be designed, planted, graded, landscaped and developed to obscure the activities of the site from view. In addition, the periphery that requires a buffer shall consist of at least the following: fencing or walls in a landscaped area not less than 10 feet wide; a landscaped area with at least five feet high growth. A building with a setback of at least 200 feet with a grade of less than 20% shall have groups of plantings and trees located within this setback area to enhance some architectural feature(s) of the structure as well as offer a break to large open areas, but with no other use permitted in this yard area. A parking area setback shall be landscaped as required under the off-street parking provisions of this chapter. If in the judgment of the approving authority any of these alternate provisions will not provide sufficient buffers for the portion of the site proposed, the approving authority may require the site plan to be modified to show the extension of the ten-foot buffer area outlined above or require that the proposed alternatives be landscaped differently or be relocated until, in the approving authority's judgment, they provide the desired buffering effect.

All buffer areas shall be planted and maintained with either grass or ground cover, together with a screen of live shrubs or scattered-planting live trees, shrubs or other plant material meeting the following requirements:

The preservation of all natural wooded tracts shall be an integral part of all site plans and may be calculated as part of the required buffer area, provided that growth is of a density and the area has sufficient width to serve the purpose of a buffer. Where additional plantings are necessary to establish an appropriate tone for an effective buffer, said plantings may be required.

Plant materials used in screen plantings shall be at least three feet in height when planted and be of such density as will obscure, throughout the full course of the year, the glare of automobile headlights emitted from the premises.

The screen planting shall be so placed that at maturity it will not be closer than three feet to any street or property line.

Trees shall be at least eight feet in height and three inches caliper when planted and be of species common to the area, be of balled and burlapped nursery stock and be free of insects and disease.

Any plant material which does not live shall be replaced within one year or one growing season.

Screen plantings and landscaping shall be broken at points of vehicular and pedestrian ingress and egress to assure a clear-sight triangle at all street and driveway intersections.

(6)

Churches. Churches may be permitted in those districts designated in this chapter upon application for a permit and upon determination by the approving authority that the following standards and conditions are met:

A set of plans, specifications and plot plans shall be filed with the approving authority, showing overall dimensions, topographic conditions, the location and intended use of existing and proposed buildings, the relationship of the proposed use to streets and adjacent properties and other physical features which might act as a deterrent to the general welfare.

Before issuing a permit, the approving authority shall determine that the following standards are met:

The minimum lot area shall be 40,000 square feet and the minimum frontage shall be 200 feet.

Off-street parking shall be provided at the ratio of one off-street parking space for each eight seats in the church.

Driveways shall cross the sidewalk at right angles and shall be no more than 24 feet wide at any point. Driveways must be at least 10 feet from any side lot line and 25 feet from the intersection of the street lines. No more than two driveways shall be permitted for each 250 feet of street frontage.

The approving authority shall determine that the site plan is appropriate to the adjacent area. It may require buffers of foliage if necessary to protect surrounding properties from the effect of light or noise generated in connection with the use of the property. Such buffer area shall be constructed in conformance with the provisions of this chapter.

(7)

Corner lots. Any principal or accessory building located on a corner lot shall have a minimum setback from one street line equal to the required front yard, with the second front yard provided in accordance with the prevailing yard pattern in the block. The remaining two yards shall be considered side yards for the purpose of this chapter.

(8)

Curbs. Concrete curbs shall be installed along every street within the development and at intersections with local roads, county roads and state highways. The standard curb section to be used shall be not more than 10 feet in length and shall be set in accordance with approved lines and grades, and radial curbs shall be formed in an arc segment, in a smooth curve. Chord segments are prohibited. Concrete curbs shall be nine by six by twenty (9 x 6 x 20) inches (eight-inch exposed face), using Class B concrete having a twenty-eight-day compressive strength of 4,500 pounds per square inch, and shall be air entrained. At locations specified by the approving authority, the curbing shall be designed to provide a ramp for bicycles and/or wheelchairs. Curb sections may deviate from the above section requirements when the development abuts upon a county or state road, and then shall meet the requirements of the specific authority.

(9)

Drainage. All streets shall be provided with stormwater inlets and pipes where same may be necessary for proper surface drainage. The system shall be adequate to carry off and/or store the stormwater and natural drainage water which originates beyond the development boundaries and passes through the development, calculated on the basis of maximum potential development as permitted under this chapter. No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other lands without proper and approved provisions being made for taking care of these conditions, including off-tract improvements. All drainage design and computation factors shall be submitted to the Municipal Engineer for review and approval.

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

The pipe size determined to be adequate for the runoff computed shall be increased by a safety factor of at least one standard pipe size for the type of pipe being used in order to provide adequate allowance for the normal accumulation of sediment and debris in the storm drainage system but no less than 15 inches in diameter.

Inlets shall be located at intersections where possible and located in streets with inlets on both sides of the street at intervals of not more than 400 feet or such shorter distances as required to prevent the flow of surface water from exceeding five cubic feet per second at the inlet. Access manholes shall be placed at maximum five-hundred-foot intervals throughout the system and at pipe junctions where there are no inlets and at each pipe direction change, either horizontally or vertically.

Dished gutters shall not be permitted.

Storm drain pipes running longitudinally along streets shall not be located under curbing and/or sanitary sewers.

Storm drain pipes shall be reinforced concrete pipe in all cases and shall be of the size specified and laid to the exact lines and grades approved by the Municipal Engineer. Reinforced concrete pipe shall conform to ASTM specifications C76-61 Class IV. Joints shall be made with O-ring rubber gaskets or as approved by the Municipal Engineer.

For all developments, blocks and lots shall be graded to secure proper drainage away from all buildings and to prevent the collection of stormwater in pools and to avoid concentration of stormwater from each lot to adjacent lots.

Land subject to periodic or occasional flooding as identified by the Flood Hazard Boundary Map produced by United States HUD shall not be designed for residential occupancy nor for any other purposes which may endanger life or property or aggravate the flood hazard. Such land within a lot shall be considered for open spaces, yards or other similar uses in accordance with floodplain regulations as established by the NJDEP.

Where any development is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream, there shall be provided and dedicated a drainage right-of-way easement to the municipality conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate to accommodate expected stormwater runoff in the future based upon reasonable growth potential in the municipality and, in addition thereto, a minimum of 15 feet beyond the bank top on at least one side for access to the drainage right-of-way and, in any event, meeting any minimum widths and locations shown on any adopted official map or master plan or as required elsewhere in this chapter.

(10)

Easements.

Easements along rear property lines or elsewhere for utility installations may be required. Such easements shall be at least 15 feet for one utility and five additional feet for each additional utility and be located in consultation with the companies or municipal departments concerned and, to the fullest extent possible, be centered on or adjacent to rear or side lot lines.

The boundary line of any easement shall be monumented at its intersection with all existing or proposed street lines. Such easement dedication shall be expressed on the plat as follows: "_____ easement granted to this municipality as provided for in this Development Ordinance."

(11)

Fences, walls, hedges. Fences and walls shall not be located in any required sight triangle. Fences may be erected, altered or reconstructed in accordance with the following regulations and in accordance with all other provisions of this chapter:

Hedges running parallel to the front property line may be erected, altered or reconstructed to a height not to exceed two and one-half (2 1/2) feet above ground level toward which the front entrance of any dwelling in a residential zone faces.

Fences and walls running parallel to the front property line may not be erected, altered or reconstructed, except that fences, walls and hedges located parallel to the front property line and on or behind the front building line may be erected to a height not to exceed four feet above ground level or two and one half feet within sight triangle.

Fences, walls and hedges running parallel to side or rear yard lines may be erected, altered or reconstructed to a height not to exceed six feet when located in said side or rear yards of any dwelling in a residential zone.

The foregoing restrictions shall not be applied so as to prevent the erection of any open wire fence not exceeding eight feet above ground level anywhere within a public park, public playground or school premises.

All fences, walls and hedges must be erected within the property lines, and no fence, wall or hedge shall be erected so as to encroach upon a public right-of-way.

All fences, walls and hedges shall be maintained in a safe, sound and upright condition and presenting a uniform appearance.

If the Construction Official, upon inspection, determines that any fence, wall or hedge or portion of any fence, wall or hedge is not being maintained in a safe, sound or upright condition, he shall notify the owner of such fence, wall or hedge in writing of his findings and state briefly the reasons for such findings and order such fence, wall or hedge or portion of such fence, wall or hedge repaired or removed within 15 days of the date of the written notice.

(12)

Fire protection.

Provision shall be made for fire hydrants along streets, together with connections, standpipe and sprinkler on the outside walls of nonresidential structures as approved by the Municipal Fire Department and Municipal Engineer and in accordance with Insurance Services Office standards. Maximum lineal distance between fire hydrants on or in the vicinity of the subject site shall be 500 feet. Such facilities shall be constructed to the satisfaction of the Municipal Engineer and Fire Department and in accordance with Insurance Services Office standards.

Fire lanes 12 feet in width shall be required across the front and rear of all new commercial and industrial uses with gross floor area in excess of 10,000 square feet. Similar fire lanes are recommended for design along the sides of all new commercial and industrial uses. Parking shall be strictly prohibited in all fire lane areas.

(13)

Flood hazard area considerations. Any proposal for a development on a tract where any part of the tract contains a flood hazard area as identified on the most recent National Flood Insurance Program ("NFIP") shall comply with the floodplain regulations of this chapter and as adopted by the governing body in addition to the following standards:

No building or structure shall be erected, moved or enlarged, nor shall any material or equipment be stored or fill be placed, nor shall the elevation of any land be substantially changed in the flood hazard area except in accordance with a permit issued by the New Jersey Department of Environmental Protection, Division of Water Resources; provided, however, that accepted practices of soil husbandry and the harvesting of crops in connection with farming, lawns, gardens and recreational usage that do not include structures are not included in the foregoing prohibitions. Primary consideration shall be given to preserving the floodway so as to assure maximum capacity for and minimum velocity of the passage of flood flows without aggravating flood conditions upstream and downstream.

No building or structure shall be erected, moved or enlarged in the flood fringe area if the elevation of any floor, including the cellar, shall be less than one foot above the flood hazard design elevation, except in accordance with a permit issued by the New Jersey Department of Environmental Protection, Division of Water Resources. As to developments in the flood fringe area, primary consideration shall be given to the protection of persons and property involved in the development and such considerations shall not be avoided by a waiver from the applicant.

(14)

Grading and filling. All lots where fill material is deposited shall have clean fill and/or topsoil deposited which shall be graded to allow complete surface draining of the lot into local storm sewer systems or natural drainage courses. No regrading of a lot shall be permitted which would create or aggravate water stagnation or a drainage problem on site or on adjacent properties or which will violate any other provisions of this chapter. Grading shall be limited to areas shown on an approved site plan or subdivision. Any topsoil disturbed during approved excavation and grading operations shall be redistributed throughout the site.

(15)

Hotel, motel. These uses where and if permitted in this chapter as specified herein shall comply with the following minimum standards:

Minimum floor area per unit.

Hotel: 250 square feet.

Motel: 250 square feet.

Minimum lot area per unit.

Hotel: 1,000 square feet.

Motel: 1,000 square feet.

Appropriate areas shall be set aside for the recreational needs of the guests.

Minimum parking requirements for motels and hotels.

One space per rental unit.

One space per each four seats of the composite gross number of eating facilities.

One space per each employee on the largest shift.

All garbage and recycling receptacles for storage and pickup shall be centrally located and easily accessible within a screened aboveground enclosure.

Such other performance standards as may be required by the approving authority.

(16)

Height. The height limitations of this chapter shall not apply to church spires, fire walls, belfries, cupolas, chimneys, ventilators, skylights, water tanks, bulkheads and similar features and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose that they are to serve. Provisions of this chapter shall permit the erection of parapet walls or cornices for ornament without windows above the building height limit by not more than three feet. Quasi-public buildings and public buildings, schools and churches may exceed the height limit herein established, provided that such uses shall increase the front, rear and side yards one foot for each foot by which such building exceeds the height limit established for the district within which the use is located.

(17)

Lighting. All area lighting shall provide translucent fixtures with shields around the light source. The light intensity provided at ground level shall average a maximum of 0.3 footcandle over the entire area unless approved by the Planning Board. For each fixture and lighted sign, the total quantity of light radiated above a horizontal plane passing through the light source shall not exceed seven and one-half percent (7 1/2%) of the total quantity of light emitted from the light source. Any other outdoor lighting shall be shown on the site plan in sufficient detail to allow determination of the effects at the property line and on nearby streets, driveways, residences and overhead sky glow. No lighting shall shine directly or reflect into windows or onto streets and driveways in such a manner as to interfere with driver vision. No lighting shall be of a yellow, red, green or blue beam nor be of a rotating, pulsating, beam or other intermittent frequency. The intensity of such light sources, light shielding, the direction and reflection of the lighting and similar characteristics shall be subject to site plan approval by the approving authority. The objective of these specifications is to minimize undesirable off-site effects. (New)

(18)

Lots.

Lot dimensions and area shall not be less than the requirements of the Zoning Bulk Schedule Requirements of this chapter.

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

Each lot must front upon an approved paved street with a right-of-way of at least 50 feet or as deemed sufficient by the approving authority.

Through lots with frontage on two streets will be permitted only under the following conditions: where the length of the lot between both streets is such that future division of the lot into two lots is improbable; and access shall be to the street with the lower traffic functions and the portion of the lot abutting the other street shall be clearly labeled on the plat and in any deed that street access is prohibited.

Where extra width has either been dedicated or been anticipated for widening of existing streets, zoning considerations shall begin at such new street line and all setbacks shall be measured from such line.

Whenever land has been dedicated or conveyed to the municipality by the owner of a lot in order to meet the minimum street width requirements or to implement the Official Map or Master Plan and said lot existed at the effective date of this chapter, the Building Inspector shall not withhold a building and/or occupancy permit when the lot depth and/or area was rendered substandard due to such dedication and where the owner has no adjacent lands to meet the minimum requirements.

(19)

Monuments. Monuments shall be the size and shape required by N.J.S.A. 46:23-9.12 of the Map Filing Law, as amended, and shall be placed in accordance with said statute and indicated on the final plat. All lot corners of each lot shall be marked with a metal alloy pin of permanent character. (See now N.J.S.A. 46:26B-1 et seq.)

(20)

Natural features. Natural features such as trees, brooks, swamps, hilltops and views shall be preserved whenever possible. On individual lots, care shall be taken to preserve selected trees to enhance soil stability and the landscape treatment of the area.

(21)

Nonconforming uses, structures or lots. The lawful use of land, buildings or structures existing when this chapter was adopted may be continued on the lot or in the structure although they may not conform to this chapter, and any such structure may be restored or repaired in the event of partial destruction thereof; provided, however, that none shall be enlarged, extended, relocated, converted to another use or altered except in conformity with this chapter, except as permitted below. Land on which a nonconforming use or structure is located and any nonconforming lot shall not be subdivided or resubdivided so as to be made more nonconforming in any manner.

Abandonment. A nonconforming use shall be considered abandoned if it is terminated by the owner, if a nonconforming use involving a structure is discontinued for 12 consecutive months or if a nonconforming use of land without structure(s) ceases for a period of six months. The subsequent use of the abandoned building, structure and/or land shall be in conformity with this chapter.

Conversion to permitted use. Any nonconforming building, structure or use may be changed to conform to this chapter but shall not be changed back to a nonconforming status.

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

Nonconforming lots and structures. Any existing structure on a nonconforming lot or any existing structure on a conforming lot which violates any yard requirements may have additions to the principal building and/or an accessory building constructed without an appeal for a variance, provided the total permitted building coverage is not exceeded and the accessory building and/or the addition to the principal building do not violate any other requirements of this chapter.

Restoration and repair.

Any nonconforming building, structure or use which has been damaged by fire, explosion, flood, windstorm or act of God shall be examined by the Code Enforcement Official. If in the opinion of the Code Enforcement Official the value of repairing the condition is greater than 90% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a use variance as provided in the Act.

Where the value of repairing the condition is determined to be less than 90% of the value of replacing the entire structure, the nonconforming structure or use may be rebuilt and used for the same purpose as before, provided it does not exceed the height, area and bulk of the original structure.

The percent damaged or condemned shall be the current replacement costs of the portion damaged, computed as a percentage of the current replacement cost of the entire structure, which includes the cost of the foundation.

Sale. Any nonconforming use, structure or lot may be sold and continue to function in the same nonconforming manner.

An owner of a nonconforming use or structure may apply to the Construction Code Official and register his nonconforming use or structure with the Construction Code Official. Such registration form shall describe the original use and structure and be kept with the Construction Code Office and the City Clerk. The owner's copy shall be certified by the Construction Code Official.

(22)

Nursing homes for children or aged; philanthropic or charitable uses. Treatment and nursing homes for children or aged, philanthropic or charitable structures, except correctional institutions, may be permitted in those districts designated in this chapter if in compliance with the following standards and conditions:

A set of plans and specifications and a statement setting forth full particulars on the operation of the structure or use must be filed with the approving authority in triplicate, showing dimensions, topography, location and use of intended buildings, etc., and any other physical features which might act as a deterrent to the general welfare.

Front, rear and side yards shall be increased one foot for each foot by which such proposed building exceeds the height limit herein established for the district in which it is to be located. In no case shall any building exceed the height of 30 feet nor be located on a lot less than two acres in size with a minimum frontage of 200 feet.

Off-street parking space shall be provided in side and rear yards only, at the rate of one space for each one bed in a treatment or nursing home and one space for each two beds or one space for each 400 square feet of gross floor area, whichever is greater, for philanthropic or charitable uses. The approving authority shall then decide the manner of compliance in accordance with the procedure provided for in this chapter.

All off-street parking provided within 30 feet of any property line shall be protected from adverse impact upon adjacent properties through a visual screen of planting not less than four feet at center, of a type or types of planting approved by the approving authority.

In addition to all other requirements, there shall be provided one square foot of open space for every one square foot of building area, in plan, at the ground level.

(23)

Off-site and off-tract improvements.

Before final approval of a subdivision or site plan, the approving authority may require, in accordance with the standards of this chapter and an adopted circulation plan and utility plan, the installation, or the furnishing of a performance guaranty in lieu thereof, of any or all of the following off-site and off-tract improvements which are necessary or appropriate for the protection of the public interest by reason of the development's effect on land other than the developer's property: street improvements, water system, sewerage, drainage facilities and easements therefor.

Where such improvements are required, the approving authority shall refer the requirements to the governing body for concurrence and for approval of a performance guaranty, if any. If the governing body does not take action on the improvements and the applicable performance guaranties within the time the approving authority must act, the approving authority may grant conditional approval of the plan.

The governing body shall determine as to each required improvement whether it is to be paid for entirely by the municipality, entirely by the developer or cooperatively by the developer and the municipality in accordance with fair and reasonable standards to determine the proportionate or pro rata amount of the cost of such facilities that shall be borne by each developer or owner within a related or common area.

The financing and construction of the improvements shall be arranged in one of the following manners:

If constructed by the municipality and all or a portion of the improvements are the financial responsibility of the developer, the developer's share shall be paid to the municipality in cash prior to final approval of the plan.

If constructed by the developer and all or a portion of the improvements are the financial responsibility of the municipality, the developer shall be paid the municipal share in accordance with the terms of the construction contract and the completion of the work shall be guaranteed in an amount and under the terms set forth in Guaranties and Inspections.

(24)

Off-street parking and loading.

Access to and from lots.

Drives shall be limited to a maximum of two to any street, except when the frontage of a property along any one street exceeds 500 feet, the number of drives to that street may be based on one drive for each 250 feet of property frontage. Each drive shall be at least three parking aisles from any other drive on the same property. Each drive shall handle no more than one lane of traffic in each direction; be at least 50 feet or 1/2 the lot frontage, whichever is greater, from the street line of any intersecting street; and be at least 31 feet from any property line. The width of the curb cut shall be determined by the type of traffic to be handled and the limitation to the number of lanes of traffic. Driveways with widths exceeding 24 feet shall be reviewed by the approving authority, giving consideration to the width, curbing, direction of traffic flow, radii of curves and traffic lane divider. Curbing shall be either depressed at the driveway or rounded at the corners with the access drive connected to the street in the same manner as another street.

Any exit driveway or driveway lane shall be so designed in profile and grading and shall be so located as to permit a safe, clear sight distance measured in each direction along the roadway. Such measurements shall be from the driver's seat of a vehicle standing on that portion of the exit driveway that is immediately outside the edge of the road traveled way or shoulder. The following distances are recommended:

Speed	Looking Right (Left Turn)	Looking Left (Right Turn)
25	280	240
30	335	290
35	390	335
40	445	385
45	500	430
50	555	480
55	610	530
60	665	575

Where a site occupies a corner of two intersecting roads, no driveway entrance or exit may be located within a minimum of 10 feet of the point of tangent of the existing or proposed curb radius of that site, nor less than 50 feet from the street line of the intersecting streets.

No entrance or exit driveway shall be located on the following portions of a road: on a circle, on a ramp of an interchange or within 20 feet of the beginning of any ramp or other portion of an interchange.

Where two or more driveways connect a single site to any one road, a minimum clear distance of 25 feet measured along the right-of-way line shall separate the closest edges of any two such driveways.

Depending upon the intensity of their use, the following angles shall be required for driveways opening into streets:

Two-way operation. Driveways used for two-way operation will intersect the road at an angle to as near ninety degrees (90°) as site conditions will permit and in no case will be less than seventy-five degrees (75°).

One-way operation. Driveways used by vehicles in one direction of travel (right turn only) shall not form an angle smaller than forty-five degrees (45°) with a road, unless acceleration and deceleration lanes are provided.

The dimensions of driveways shall be designed to adequately accommodate the volume and character of vehicles anticipated to be attracted daily onto the land development for which a site plan is prepared. Driveways serving large volumes of daily traffic or traffic over 25% of which is truck traffic shall be required to utilize the maximum dimensions. Driveways serving low daily traffic volumes or traffic less than 25% of which is truck traffic shall be permitted to use the minimum dimensions. The maximum and minimum required dimensions for driveways shall be as follows:

	One-Way Curbline Opening (feet)	Operation Driveway Width (feet)	Two-Way Curbline Opening (feet)	Operation Driveway Width (feet)
5- to 10-family residence	12-15	10-13	24-30	24-30
10-family or over	12-30	10-26	24-36	24-30
Commercial and industrial	24-50	14-34	24-50	24-46
Service stations	15-36	12-34	12-36	20-34

Driveway surfacing and profiles.

The surface of any driveway subject to site plan approval shall be constructed with a permanent pavement of a type specified by standards set by the Municipal Engineer. Such pavement shall extend to the paved traveled way or paved shoulder of the road; and such pavement shall extend throughout the area defined by the required driveway dimensions.

Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage.

Should the sidewalk be so close to the curb at a depressed curb driveway as to cause the ramp to be too steep and be likely to cause undercarriage drag, the sidewalk shall be appropriately lowered to provide a suitable ramp gradient.

Acceleration and deceleration lanes.

Acceleration lanes. Where a driveway serves right-turning traffic from a parking area providing 500 or more parking spaces, an acceleration lane shall be provided in accordance with A Policy of Geometric Design of Rural Highways, c. 1965 American Association of State Highway Officials.

Deceleration lanes. Where a driveway serves as an entrance to a land development providing 50 or more parking spaces, a deceleration lane shall be provided for traffic turning right into the driveway from the road. The deceleration lane is to be at least 200 feet long and at least 13 feet wide measured from the road curbline. A minimum forty-foot curb return radius will be used from the deceleration lane into the driveway. A deceleration lane may be omitted when the roadway pavement is a minimum of 40 feet wide and the road peak hour traffic does not exceed 500 vehicles per hour.

[10]

Special turn lanes. The conveyance of land for jughandles or left-turn lanes may be required by the Planning Board, with the approval of the Municipal Engineer, under one or more of the following conditions:

Where the Official Map or Master Plan shows a proposed location for the jughandle or turn lane.

Where the proposed land improvement would provide more than 200 parking spaces on the site.

Where sight distances are below those recommended in this chapter.

Access to parking and loading spaces. Individual parking and loading spaces shall be served by on-site aisles designed to permit each motor vehicle to proceed to and from each parking and loading space without requiring the moving of any other motor vehicle. Where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail.

Buffers. Parking and loading areas for commercial and industrial uses shall be buffered from adjoining streets, existing residential use or any residential zoning district in a manner meeting the objectives of the Subsection A(5) of this section.

Curbing. All off-street parking areas containing 10 or more spaces and all off-street loading areas shall have concrete or Belgian block curbing around the perimeter of the parking and loading areas and to separate major interior driveways from the parking and loading spaces. Curbing may also be installed within the parking or loading areas to define segments of the parking or loading areas. Concrete wheel blocks may be located within designated parking or loading spaces. All curbing shall be located in conjunction with an overall drainage plan. Curbing installed at locations requiring pedestrian access over the curbing shall be designed to have ramps from the street grade to the sidewalk. The breaks shall be opposite each aisle.

Each land development requiring site plan approval shall be required to install curbs along the entire property frontage of a municipal road. Where such curbing is required, it shall be located and constructed in accordance with standards and specifications set forth by the Municipal Engineer.

At all intersections the minimum curb radii shall be 30 feet. Radii beyond this minimum may be required by the Municipal Engineer.

Where a proposed driveway is to serve any land development providing 50 or more parking spaces, curbing need not be carried across the driveway opening as a depressed curb; rather, it may be swept back as curb returns as in the case of a street intersection. If the driveway serves a facility having less than 50 parking spaces, a depressed curb driveway shall be used. Where depressed curbs are used at driveways, the following specifications shall apply:

Existing curb. To construct a depressed curb where curbing exists, the existing curb shall be modified in accordance with the requirements given by the Engineer.

New depressed curb. New depressed curb shall be constructed in accordance with specifications as set forth by the Municipal Engineer.

Height of depressed curb above street pavement or shoulder. The top of the depressed curb shall be no greater than one and one-half (1 1/2) inches higher than the gutter grade.

The horizontal transition of depressed curb from full curb height to depressed curb height shall not exceed 18 inches except where the sidewalk is so narrow and close to the curb that a portion of the sidewalk four feet or less from its outer edge has a slope exceeding six to one (6:1). In this case, the depressed curb transition may be modified to prevent the outer four feet of sidewalk from exceeding a slope of six to one (6:1).

Each land development requiring site plan approval may be required to install paving in the area between the edge of existing pavement and curbing along the entire property frontage. Where such paving is required, it shall be in accordance with standards and specifications as set forth by the Municipal Engineer.

Dimensions.

Off-street parking space shall be nine feet wide (depending on the angle of parking) and a minimum of 18 feet in length in accordance with the following schedule. Number, size, and location of handicapped parking spaces shall be in accordance to current ADA Barrier free standards and/or PROWAG as appropriate. (New)

Angle of Parking Space	One-Way Aisle (feet)	Two-Way Aisle (feet)
90°	24	24
60°	18	24
45°	15	24
30°	12	24
Parallel	12	24

Off-street loading spaces shall have 15 feet of vertical clearance and be designed in accordance with the following schedule:

		Apron/Aisle Length (feet)
Loading Space		Apron/Aisle Length (feet)
Length (feet)	Width (feet)	90°	60°
60	10	72	66
60	12	63	57
60	14	60	54

Drainage. All parking and loading areas shall have drainage facilities installed in accordance with good engineering practice as approved by the Municipal Engineer and in accordance with the drainage provisions of Subsection A(9) of this section. Where subbase conditions are wet or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least six to 12 inches below the proposed finished grade and filled with a suitable subbase material as determined by the Municipal Engineer. Where required by the Municipal Engineer, a system of porous concrete pipe subsurface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material shall be applied.

Surfacing shall be approved as part of the plan approval.

Areas of ingress and egress, loading and unloading areas, major interior driveways, aisles and other areas likely to experience similar heavy traffic shall be paved with not less than five inches of compacted base course of plant-mixed bituminous stabilized base course constructed in layers of not more than two inches compacted thickness, or equivalent, and prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction (1961), and amendments thereto. A minimum two-inch-thick compacted wearing surface of bituminous concrete (FABC), or equivalent, shall be constructed thereon in accordance with Division 3, Section 10, of the New Jersey Department of Transportation Specifications, and amendments thereto.

Parking space areas and other areas likely to experience light traffic shall be paved with not less than three inches of compacted base course of plant-mixed bituminous stabilized base course, or equivalent, prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction (1961), and amendments thereto. At least one-and-one-half-inch compacted wearing surface of bituminous concrete (FABC), or equivalent, shall be constructed thereon in accordance with Division 3, Section 10, of the New Jersey Department of Transportation Specifications, and amendments thereto.

Landscaping in parking and loading areas shall be shown on the site plan. Trees shall be staggered and/or spaced so as not to interfere with driver vision, have branches no lower than six feet and be placed at the rate of at least one tree for every 20 parking spaces. All areas between the parking area and the building shall be landscaped with trees, shrubs and ground cover. Any plantings which do not live shall be replaced within one year or one season. A majority of the parking areas for more than 50 cars shall be obscured from streets by buildings, landscaped berms, natural ground elevation or plantings, singularly or in combination.

Minimum Off-Street Parking Spaces. (New) Off-street parking spaces for the storage of parking of passenger vehicles of occupants, employees and patrons of main buildings and structures hereafter erected or enlarged shall be provided and kept available in amounts not less than specified in this section.

Residential uses. The minimum required number of parking spaces to be provided in conjunction with residential uses in any given zone shall be according to the Residential Site Improvement Standards (RSIS), New Jersey Administrative Code — Title 5, Chapter 21.

Nonresidential uses. The minimum required number of parking spaces to be provided in connection with nonresidential uses in any given zone shall be in accordance with the following regulations:

Auditoriums, recreational establishments or other places of public assembly, including public schools: one parking space for each three fixed seats of capacity, or one space for each three memberships in a swim club, or one parking space for each 100 square feet of gross floor area in cases where the capacity is not determined by the number of fixed seats or swim club memberships.

Bowling alleys: four parking spaces for each lane.

Clubs: one parking space for each 100 square feet of gross floor area.

Hospitals: one parking space for each 300 square feet of gross floor area.

Hotels/motels: one parking space per room, plus one parking space per employee on the maximum shift, plus one parking space per 200 square feet of gross floor area of meeting rooms, restaurants and cocktail lounges.

[f]

Manufacturing, research, industrial, warehouses, wholesale or laboratories: one parking space for each employee employed at one time on the maximum shift, plus 10 percent of the employee spaces for visitors, not to exceed 20.

[g]

Mortuaries: one parking space for each 25 square feet of floor area devoted to assembly rooms for services.

[h]

Offices, office buildings, office-research buildings (not including medical and dental): one parking space for each 300 square feet of gross floor area, not including stairways and other common areas.

Offices (medical and dental): one parking space for each 100 square feet of gross floor area.

[j]

Retail home furnishing stores: one parking space for each 500 square feet of gross floor area.

[k]

Restaurants or taverns (non-drive-in or non-fast-food franchise): one parking space for each 100 square feet of gross floor area.

[l]

Restaurants (drive-in/fast-food): one parking space for each 50 square feet of gross floor area.

[m]

Retail stores, personal services, or custom shops or studios: one parking space for each 200 square feet of gross floor area.

[n]

Automotive uses, including automotive gasoline stations, automotive service stations, automotive repair garages, automotive sales and services, automotive sales lots, and automotive washes: a minimum of three parking spaces plus one parking space for each six fuel dispensers plus one parking space for each service bay plus one parking space for each 1,600 square feet of vehicle display area, plus one space for each 1,000 square feet of building area devoted exclusively to vehicle washing.

[o]

Banks: one parking space for each 200 square feet of gross floor area.

[p]

Police and fire stations and post offices: one space for each 250 square feet of gross floor area.

[q]

Churches, synagogues, mosques and temples: one space for each two fixed seats, or one for each 72 inches of benches, at capacity, plus one parking space for each 100 square feet of gross floor area for assembly and meeting rooms.

[r]

Other uses not specifically listed: the same requirement as for the most similar listed use, as determined by the Administrative Officer or one space for each 200 square feet.

[s]

Mixed uses: The total requirement shall be the sum of the requirements of the component uses computed separately.

[t]

Theaters. Theaters shall provide one parking space for each two seats.

[u]

Day Care Centers — one space for every 300 square feet of gross floor area of the structure contained on the property.

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

A minimum of one space per use shall be provided, except that where more than one use shall be located in one building or where multiple uses are designed as part of a shopping center or similar self-contained complex, the number of loading spaces shall be based on the number of square feet within the building or complex and shall be dispersed throughout the site to best serve the individual uses and have site plan approval.

There shall be a minimum of one trash/garbage pickup location separate from the parking and loading areas and located either within or outside a building in steel-like, totally enclosed container(s) located and screened to be obscured from view from parking areas, streets and adjacent residential uses or residential zoning districts. If located within the building, the doorway(s) may serve both the loading and trash/garbage collection functions. If a container used for trash/garbage collection functions is located outside the building, it may be located adjacent to or within the general loading area(s), provided the container(s) in no way interferes with or restricts the loading and unloading functions.

Minimum parking requirements. The number of off-street parking spaces for each use shall be based on the off-street parking and loading requirements in each zone. Where a particular function contains more than one use, the total parking requirements shall be the sum of the component parts.

Location of parking and loading areas.

Loading spaces shall be located on the same lot as the use being served and shall be located to directly serve the building for which the space is being provided. Parking spaces shall be located at least 20 feet from any building.

No loading and parking spaces shall be located in any required buffer area.

Parking spaces located to serve residential uses shall be within 150 feet of the entrance of the building and within 300 feet of commercial/industrial uses.

No parking shall be permitted in fire lanes, streets driveways, aisles, sidewalks or turning areas.

(25)

Performance standards, general.

Electricity. Electronic equipment shall be shielded so there is no interference with any radio or television reception beyond the operator's property as the result of the operation of such equipment.

Glare. No use shall direct or reflect a steady or flashing light beyond its lot lines. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered and directed as approved on the site plan so that any glare, direct light, flashes or reflection will not interfere with the normal use of nearby properties, dwelling units and streets. Also see Subsection A(17), lighting, in this section.

Heat. Sources of heat, including but not limited to steam, gases, vapors, products of combustion or chemical reaction, shall not discharge onto or directly contact structures, plant life or animal life on neighboring uses or impair the function or operation of neighbor use. No use, occupation, activity, operation or device shall cause an increase in ambient temperature as measured on the boundary between neighboring uses.

Radioactivity. No use, activity, operation or device concerned with the utilization or storage of radioactive materials shall be established, modified, constructed or used without having first obtained valid permits and certificates from the Bureau of Environmental Radiation, New Jersey Department of Environmental Protection. Proof of compliance with this requirement shall be the submission of duplicate copies of said permits and certificates.

Vibrations.

Standard. Ground-transmitted vibrations shall be measured with a seismograph or complement of instruments capable of recording vibration displacement and frequency in the three mutually perpendicular directions simultaneously.

Vibration level restrictions. Vibration levels shall not exceed a particular velocity of five-hundredths (.05) inch per second in any district. During the hours of 9:00 p.m. to 7:00 a.m. in residential districts, vibration levels shall not exceed a particle velocity of two-hundredths (.02) inch per second. Measurements shall be made at the points of maximum vibration intensity and on or beyond adjacent lot lines or neighboring uses, whichever is more restrictive.

Airborne emissions. In all districts, no use, activity, operation or device shall be established, modified, constructed or used without having first obtained valid permits and certificates from the Division of Air Quality, New Jersey Department of Environmental Protection, pursuant to N.J.A.C. 7:27-8. Specifically, no use, activity, operation or device shall be established, modified or constructed without a valid permit to construct. No use, activity, operation or device shall be operated, occupied or used without a valid certificate to operate control apparatus or equipment. Proof of compliance with this requirement shall be the submission of duplicate copies of the permit to construct and certificate to operate. In addition to the requirements of the New Jersey Department of Environmental Protection, the following shall also apply:

Steam emissions. No visible emissions of steam having an equivalent opacity greater than 60% except as the direct results of combustion, shall be permitted within 500 feet of a residential district.

Toxic matter. Emissions of chemicals, gases, components or elements listed as being toxic matter by the American Conference of Governmental Hygienists, New Jersey Department of Labor and Industry or the United States Environmental Protection Agency shall not exceed the threshold level as determined in accordance with ASTMD. 1391. The emission of concentrations, levels or mass loadings in excess of the threshold value shall be permitted only if the emissions of said toxic matter comply with the applicable regulations of the New Jersey Department of Environmental Protection, New Jersey Department of Labor and Industry and United States Environmental Protection Agency. Proof of compliance shall require the submission of duplicate copies of certifications or permits from New Jersey Department of Environmental Protection and New Jersey Department of Labor and Industry approving the concentrations, level or loading proposed by the applicant.

Odorous matter. No odor shall be emitted that is detectable by the human olfactory sense at or beyond an adjacent lot line.

Noise emissions.

Standard. Noise shall be measured with a sound-level meter complying with the standards of the American National Standards Institute, American Standards Specifications for General Purpose Sound Level Meters (ANSIS.1.4-1961 or its latest revisions). The instrument shall be set to the A-weighted response scale and the metering to the slow response. Measurements shall be conducted in accordance with the American Standard Method for the Physical Measurements of Sound (ANSIS.1.2.-1961 or its latest revision).

Noise level restrictions. Noises shall not exceed the maximum sound levels specified in the table, except as designated below:

Noise Level Restrictions
Performance Category	Maximum Level Permitted (dBA)	Where Measured
Residential districts	55*	On or beyond the neighboring use or lot line
Agricultural districts	60	On or beyond the neighboring use
All other districts	65	On or beyond the district boundaries

*NOTE: In any residential district, the A-weighted sound levels shall not exceed 45 decibels during the hours of 9:00 p.m. to 7:00 a.m. Whenever a residential district abuts any other district, the most restrictive of the limitations shall apply.

Exclusions and permitted variations.

The levels specified in the table may be exceeded once by 10 decibels in a single period of 15 minutes during one day.

Peak values of short duration, also known as "impact noises," may exceed the values specified in the table by 20 decibels or have a maximum noise level of 80 decibels, whichever is more restrictive.

Noises such as alarms, sirens, emergency warning devices, motor vehicles and other sources not under the direct control of a use are excluded from and above limitations.

Storage and waste disposal.

In all districts permitting an operation, use or any activity involving the manufacture, utilization or storage of flammable, combustible and/or explosive materials, such operation shall be conducted in accordance with the regulations promulgated by the Department of Labor and Industry of New Jersey or the Fire Code of the National Fire Protection Association, whichever is more restrictive.

All flammable, explosive and/or combustible material shall be stored in accordance with the National Fire Protection Association or Department of Labor and Industry Codes, whichever is more restrictive.

All outdoor storage facilities for fuel, raw materials and products stored outdoors, wherever permitted, shall be enclosed by an approved safety fence and visual screen and shall conform to all yard requirements imposed upon the principal buildings in the district and storage regulations of the National Fire Protection Association.

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

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

(26)

Quasi-public buildings and recreational areas. Quasi-public buildings and recreational areas such as clubhouses, parks, schools, colleges, universities, playgrounds, swimming pools, tennis courts, etc., and other such activities operated by nonprofit membership organizations may be permitted in the districts designated, provided that they comply with the following standards and conditions.

A set of plans and specifications and a statement setting forth full particulars on the operation of the structure or use must be filed with the approving authority in triplicate, showing Articles of Incorporation, trade name certificate, if any, required to be filed with the approving authority.

It is ascertained by the approving authority that the proposed use is a bona fide nonprofit organization operated solely for the recreation and enjoyment of the members of said organization, and the approving authority may require names and addresses of all charter members.

It is ascertained by the approving authority that the proposed use in the proposed location will not adversely affect the sale and comfortable enjoyment of property rights or otherwise adversely affect the value of adjacent properties, that the design of any structures erected in connection with such use in keeping with the general character of the district and that sufficient landscaping, including shrubs, trees and lawns, is provided to serve as a buffer between said use and the adjoining properties and in order to assure an attractive appearance for the use.

No building, structure or active recreation facility shall be located within 50 feet of the lot line of a residentially zoned lot. The maximum lot coverage shall be 50%.

The maximum membership limit of said organization shall be fixed at the time of application and shall be commensurate with the amount of land to be used and the exact nature of the use. No further expansion of said membership shall be made unless additional land is acquired and supplementary applications are made to the approving authority.

The membership roles shall be certified by affidavit annually on the first day of January, and an updated tally of all members shall be filed with the Municipal Clerk within 30 days, signed by the secretary.

Off-street parking space shall be provided at a ratio of one space for each four memberships permitted under the terms of this special permit or one space per 1,000 square feet of floor space, whichever is greater.

The approving authority shall then decide the manner of compliance in accordance with the procedure provided for under this chapter.

(27)

Principal use. No lot shall have erected upon it more than one principal permitted use. No more than one principal building shall be permitted on one lot, except that shopping centers, apartment and condominium projects and industrial complexes all receiving site plan approval may be permitted to have more than one building on a lot in accordance with standards of the zoning district in which it is located.

(28)

Public utilities. All public services shall be connected to an approved public utilities system.

The developer shall arrange with the servicing utility for the installation of the utility's distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners.

The developer shall submit to the approving authority, prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance or intended full compliance with the provisions of this subsection.

Any installation under this subsection to be performed by a servicing utility shall be exempt from requiring performance guaranties but shall be subject to inspection and certification by the Municipal Engineer.

(29)

Railroad spurs. The side and rear yard requirements of the Bulk Schedule Requirements shall not apply to those portions of a lot immediately adjoining and bounded by the right-of-way of a railroad where a railroad track or spur line forms the boundary line between two lots for on-site use in the industrial district.

(30)

Sanitary sewers. All elements of the sanitary sewer system design and flow volume computations shall be submitted to the Municipal Engineer for review and approval. Alignments outside streets shall require easements or rights-of-way in accordance with Subsection A(10), Easements, of this section.

(31)

Service stations, public garages, filling stations.

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

Where permitted, all gasoline pumps, air pumps and the pump islands shall be set back from the street line at least 25 feet and 50 feet from any other property line. A minimum space of 25 feet shall exist between any two pump islands and between any island and the service station building.

No junked motor vehicle or part thereof and no unregistered motor vehicle shall be permitted outside an enclosed service station building. No more than six motor vehicles may be located outside a service station building for a period not to exceed two days, provided the owners are awaiting the repair of said motor vehicles.

The proposed use shall be located on a lot of not less than 20,000 square feet in an area which is not located at a corner of any dangerous street intersection and the lot lines of which are located not less than 1,000 feet from any school offering courses of general educational instruction, hospital, church or library and not less than 2,000 feet from an existing gasoline filling station.

All filling station storage tanks shall be placed in a six-inch-thick concrete cradle. All filler spouts, vents and gauging and venting areas shall be covered by a six-inch-thick concrete plate. Emergency shutoff and venting equipment shall conform to the most recent federal and state requirements, as they may from time to time be revised.

Ingress and egress turning movements shall be designed and coordinated with the access points required for nearby uses, frequency of intersecting side streets, minimizing left turns off collector and arterial streets and maintaining building setbacks compatible with the required setbacks and landscaping.

(32)

Shade trees. All shade trees shall have a minimum diameter of three inches as measured four feet above the ground and be of a species approved by the approving authority. Trees shall be planted 40 to 60 feet apart and parallel to but no more than 20 feet from the curbline and shall be balled and burlapped, nursery grown, free from insects and disease and true to species and variety. Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the tone of the area and to conform to adjacent lots. Dead or dying trees shall be replaced by the developer during the next recommended planting season. Parking lots shall be planted as required in Subsection A(24), Off-street parking and loading, of this section.

[New]

(33)

Sidewalks. Sidewalks shall be required depending on the probable volume of pedestrian traffic, the street classification in instances where streets are involved, school bus stops, the development's location in relation to other populated areas and the general type of improvement intended. Where required, sidewalks shall be at least four feet wide and located as approved by the approving authority. Sidewalks shall be at least four inches thick except at points of vehicular crossing, where they shall be at least six inches thick, of Class C concrete having a twenty-eight-day compressive strength of 4,000 pounds per square inch and shall be air-entrained. The approving authority may require the replacement or repair of existing sidewalk areas consistent with the above standards. Sidewalks shall be placed on a four-inch layer of Type 1, Class A bank-run sand.

(34)

Sight triangles. Sight triangles shall be required at each quadrant of an intersection of streets and of streets and driveways. The area within sight triangles shall be maintained as part of the lot adjoining the street and set aside on any subdivision or site plan as a sight triangle easement. Within a sight triangle, no grading, planting or structure shall be erected or maintained more than 30 inches above the center-line grade of either intersecting street or driveway or lower than eight feet above their center lines, including utility poles but excluding street name signs and official traffic regulation signs. Where any street or driveway intersection involves earth banks or vegetation, including trees, the developer shall trim such vegetation and trees as well as establish proper excavation and grading to provide the sight triangle. The sight triangle is that area bounded by the intersecting street lines and a straight line which connects sight points located on each of the two intersecting street lines the following distances away from the intersecting street lines: arterial streets at 130 feet; collector streets at 60 feet; and primary and secondary local streets at 35 feet. Where the intersecting streets are both arterial, both collectors or one arterial and one collector, two overlapping sight triangles shall be required formed by connecting the sight points noted above with a sight point 35 feet on the intersecting street. Any proposed development requiring site plan approval shall provide sight triangle easements at each driveway, with the driveway classified as a local street for purposes of establishing distances. The classification of existing and proposed streets shall be that shown on the adopted Master Plan or as designated by the Planning Board at the time of the application for approval for a new street not included on the Master Plan. A sight triangle easement dedication shall be expressed on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided for in the Development Ordinance." Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and may be included in establishing the minimum setbacks required by the zoning provisions.

(35)

Signs. No billboards shall be erected. No sign of any type shall be permitted to obstruct driving vision, traffic signals, sight triangles and traffic direction and identification signs.

Animated, flashing and illusionary signs. Signs using mechanical and/or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited.

Attached signs. Attached signs shall be affixed parallel to the wall to which they are attached and the face of the sign shall project no more than 15 inches from the surface of the wall, and in no case shall any overhang violate or extend beyond a property line.

Height. The uppermost part of an attached sign shall not exceed the base of the second-floor windowsill in a two-or-more-story structure, or the base of the roof or 25 feet, whichever is lower, in either a one-story structure or a structure without windows. The uppermost part of a freestanding sign shall not exceed 25 feet. The lowest portion of any sign which projects above an area traversed either by motor vehicles or pedestrians shall be at least 15 feet.

[New]

Illuminated signs. Illuminated signs shall be arranged to reflect the light and glare away from adjoining lots and streets. No sign shall be permitted beam, beacon or flashing illumination. All signs lighted exteriorly shall have the light source shielded from adjoining lots, streets and interior drives. All lights shall either be shielded or have translucent fixtures to reduce off-site effects. No illuminated sign shall be of such color, location, shape or size as to cause confusion of driver perception and traffic safety.

Location. Attached signs may only be located in such a manner that does not conflict with any height, obstruction to vision and similar regulations of this chapter. Freestanding signs shall be located only in the front yard and shall be no closer to a side lot line than the minimum side yard for the principal building, but in any event no closer to a street right-of-way than 25 feet and not located in any sight triangle.

Maintenance. Signs shall be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.

Real estate signs. One nonflashing, nonilluminated temporary sign pertaining to the lease or sale of the same lot or building upon which it is placed, situated within the property lines and the premises to which it relates and not exceeding four square feet in area on any one side shall be permitted. The sign may be removed from the premises within two days after the property has been sold. Real estate signs do not require a building permit. No more than one sign shall be permitted along each street on which the building has frontage. Real estate signs shall be permitted only on the lot which the sign is advertising.

Sign area and dimension. Sign area shall include all lettering, wording, coloring and accompanying designs and symbols, together with the background, whether open or enclosed, but not including any supporting framework and bracing incidental to the display itself. A freestanding sign with two exposures shall have a total sign area consisting of the area of one side of the sign, but both sides may be used. Street number designations, postal boxes, family names on residences, on-site traffic directional and parking signs, signs posting property as "private property," "no hunting" or similar purposes and "danger" signs around utility and other danger areas are permitted but are not to be considered in calculating the sign area. The maximum dimension in any direction along the surface of a sign shall be as stated in each individual zone schedule.

Temporary signs. No more than one sign advertising the name of the building under construction, general contractor, subcontractor, financing institution, any public agencies or officials and the professional personnel who worked on the project is permitted on a construction site beginning with the issuance of a building permit and terminating with the issuance of a certificate of occupancy for the structure or the expiration of the building permit, whichever comes first. Such signs shall not exceed a gross area of 16 square feet.

Gasoline service stations, filling stations and public garages, where permitted only, may display, in addition, the following signs which are deemed customary and necessary to their respective business:

Directional signs or letters displayed over individual entrance doors or bays, consisting only of the words "washing," "lubrication" or words of similar import; provided that there shall be not more than one such sign over each entrance or bay. The letters thereof shall not exceed 12 inches in height and the total of each sign shall not exceed six square feet.

Customary lettering on or other insignia which is a structural part of a gasoline pump, consisting of the brand name or gasoline sold, lead-warning sign, a price indicator and any other sign required by law and not exceeding a total of three square feet on each pump.

(36)

Soil erosion and sediment control. All site plans and major subdivisions shall incorporate soil erosion and sediment control programs phased according to the scheduled progress of the development, including anticipated starting and completion dates. The purpose is to control soil erosion and sediment damages and related environmental damage by requiring adequate provisions for surface water retention and drainage and for the protection of exposed soil surfaces in order to promote the safety, public health, convenience and general welfare of the community.

No building permit shall be issued for any development application until all provisions of the State of New Jersey Soil Erosion and Sediment Control Act, P.L. 1975, c. 251, N.J.S.A. 4:24-39 et seq., have been satisfied or waived.

Development applicants shall submit to the approving authority and Municipal Engineer copies and documentation of the approval and certification of the soil erosion and sediment control plan by the Regional Soil Conservation District or proof of waiver of same.

(37)

Soil removal and redistribution. The excavation and grading for completion of a development shall be done in accordance with the approved plat which contains soil erosion and sediment control provisions. Excavation of soil other than as required for the construction of soil other than as required for the construction of approved structures and supporting facilities such as but not limited to streets, driveways and parking areas shall be prohibited. Regarding of property so as to redistribute topsoil throughout the site from areas excavated for such approved structures and supporting facilities shall be permitted but shall be done to minimize or eliminate the erosion of soil. Any application proposing the disturbance of more than 5,000 square feet of surface area of land as defined in the Soil Erosion and Sediment Control Act, P.L. 1975, c. 251, N.J.S.A. 4:24-39 et seq., shall include on its plan the following: the means to control or prevent erosion, provide for sedimentation basin(s) for soil that does erode due to water, and control drainage, dust and mud on the premises as well as abutting lands; the preservation of soil fertility and the resulting ability of the area affected to support plant and tree growth by maintenance of adequate topsoil consisting of at least six inches of the original layer; maintenance of necessary lateral support and grades of abutting lands, structures and other improvements; prevention of pits and gorges which are hazardous or which provide insect breeding locations; a provision that the physical limitations and characteristics of the soil shall not be altered to prevent the use to which the land may lawfully be put; and such other factors as may reasonably bear upon or relate to the public health, safety and general welfare.

(38)

Stormwater runoff.

All development shall incorporate on-site stormwater facilities that will encourage the slowing down of the rate stormwater leaves the site. All measures used to control the rate of stormwater runoff shall comply with the grading and filling [Subsection A(14)], soil erosion and sediment control [Subsection A(36)] and soil removal and redistribution [Subsection A(37)] provisions in this section.

Where, in the opinion of the Municipal Engineer, or as required by the applicable NJDEP Standards, the amount of runoff from the proposed development is sufficient to justify detention basin(s), one or more detention basins shall be required. The determination of the amount of stormwater runoff and whether the amount of runoff is sufficient for detention basin(s) shall be made by the approving authority upon the advice of the Municipal Engineer, Environmental Commission or Soil Conservation District. Each detention basin shall contain a primary water depth capacity which will accept all surface water directed to it from a twenty-five-year statistical storm. The detention basin shall have a secondary water depth capacity which, together with the primary water depth capacity, will accept all surface water directed to it from a one-hundred-year statistical storm. All stormwater runoff from the property shall be directed through one or more detention basins. The primary water depth capacity shall have one or more outlets permitting complete draining of the maximum capacity of the detention basin at the primary water depth in not less than 24 hours. The same outlet(s) shall provide for draining the detention basin capacity of the primary and the secondary water depth capacity in not less than 48 hours. (New)

Vertical holes filled with coarse rock may be provided within the detention basin for percolation into the soil.

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

Where storm drains are installed outside streets, easements or rights-of-way may be required.

(39)

Streetlighting. Streetlighting standards of a type and number approved by the approving authority and Municipal Engineer shall be installed at street intersections and elsewhere as deemed necessary by the approving authority.

(40)

Streets.

All development shall be served by paved streets with an all-weather base and pavement with an adequate crown. The arrangement of streets not shown on the Master Plan shall be such as to provide for the appropriate extension of existing streets, conform to the topography as far as practicable and allow for continued extension into adjoining undeveloped tracts.

When a development adjoins land capable of being developed or subdivided further, suitable provisions shall be made for optimum access from the adjoining tract to existing or proposed streets.

Local streets shall be designed to discourage through traffic.

In all residential zones, development bounded by any arterial or collector street shall control access to said streets by having all driveways intersect minor streets. Where the size, shape, location or same other unique circumstance may dictate no other alternative than to have a driveway enter an arterial or collector street, the lot shall provide on-site turnaround facilities so it is not necessary to back any vehicle onto an arterial or collector street and abutting lots shall share a common access drive. All lots requiring reverse frontage shall have an additional 25 feet of depth to allow for the establishment of the buffers outlined below unless such buffers are established in a reserve strip controlled by the municipality or county. That portion of the development abutting an arterial or collector street right-of-way shall be planted with nursery grown trees to a depth of not more than the twenty-five-foot buffer strip along the right-of-way line and for the full length of the development so that in a reasonable period of time a buffer area will exist between the development and the highway, or, where topography permits, earthen berms may be created at a sufficient height to establish a buffer between the development and the highway. Berms shall not be less than five feet in height; they shall be stabilized by ground cover to prevent soil erosion and shall be planted with evergreens and deciduous trees according to a landscaping plan so as to be designed to have no adverse effect on nearby properties. All trees shall be of nursery stock having a caliper of not less than 21/2 inches as measured three feet above ground level and be of an approved species grown under the same climatic conditions as at the location of the development. They shall be of symmetrical growth, free of insect pests and disease, suitable for street use and durable under the maintenance contemplated.

In all developments the minimum street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule, but in no case shall a new street that is a continuation of an existing street be continued at a width less than the existing street although a greater width may be required in accordance with the following schedule. Where any arterial or collector street intersects another arterial or collector street, the right-of-way and cartway requirements shall be increased by 10 feet on the right side of the street(s) approaching the intersection for a distance of 300 feet from the intersection of the center lines.

Classification	ROW Width (feet)	Traffic Lanes	Width Between Curbs (feet)	Total Utility and Right-of-Way Outside the Curb* (feet)
Arterial	86	4 @ 12'	64	22
Collector	60	2 @ 12'	40	20
Primary local	56	2 @ 10'	36	14
Secondary local	50	2 @ 10'	30	20

* Shall be grass-stabilized topsoil, minimum four inches deep.

No development showing reserve strips controlling access to streets or another area, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to the governing body.

In the event that a development adjoins or includes existing municipal streets that do not conform to widths as shown on either the Master Plan or the street width requirements of this chapter, additional land along both sides of said street sufficient to conform to the right-of-way requirements shall be anticipated in the subdivision design by creating oversized lots to accommodate the widening at some future date. The additional widening may be offered to the municipality for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located in street rights-of-way and shall be expressed on the plat as follows: "Street right-of-way easement granted to the municipality permitting the municipal locality to enter upon these lands for the purposes provided for and expressed in the Development Ordinance." This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair or maintain any facilities installed in this area dedicated by ordinance or as shown on the plat or as provided for by any maintenance or performance guaranties. If the subdivision is along one side only, 1/2 of the required extra width shall be anticipated.

Longitudinal grades on all local streets shall not exceed 10%, nor 4% on arterial and collector streets. No street shall have a longitudinal grade of less than three-fourths of one percent (3/4 of 1%). Maximum grades within intersections shall be 4%. The slope of the cartway from the center line to the curbline or edge of the paving shall be 2%. Where the cartway is banked to facilitate a curve in the street in the alignment, the slope toward the curbline or shoulder shall conform to accepted engineering practice.

Intersecting street center lines shall be as nearly at right angles as possible and in no case shall they be less than seventy-five degrees (75°) at the point of intersection. The curblines shall be parallel to the center line. Approaches to all intersections shall follow a straight line for at least 100 feet, measured from the curbline of the intersecting street to the beginning of the curve. No more than two street center lines shall meet or intersect at any one point. Streets intersecting another street from opposite sides shall have at least 250 feet between the two street center lines. Any development abutting an existing street which is classified as an arterial or collector street shall be permitted not more than one new street every 800 feet on the same side of the street within the boundaries of the tract being subdivided. In the spacing of streets, consideration will be given to the location of existing intersections on both sides of the development. Intersections shall be rounded at the curbline, with the street having the highest radius requirement as outlined below determining the minimum standard for all curblines: arterial at 40 feet; collector at 30 feet; and local streets at 20 feet. No local streets shall be part of a four-way intersection.

Sight triangles shall be provided as required in Subsection A(34), sight triangles, of this section.

A tangent at least 200 feet long shall be introduced between reverse curves on arterial and collector streets. When connecting street lines deflect in any direction, they shall be connected by a curve with a radius conforming to standard engineering practice so that the minimum sight distance within the curbline shall be 160 feet for a local street, 300 feet for a collector street and 550 feet for an arterial street.

All changes in grade where the difference in grade is 1% or greater shall be connected by a vertical curve having a length of at least 50 feet for each 2% difference in grade or portion thereof and providing minimum sight distances of 160 feet for a local street, 300 feet for a collector street and 550 feet for an arterial street. Intersections shall be designed with as flat a grade as practical with the advice of the Municipal Engineer.

Where dead-end (cul-de-sac) streets are utilized, they shall conform to the following standards:

Dead-end streets of a permanent nature (where provision for the future extension of the street to the boundary of the adjoining property is impractical or impossible) or a temporary nature (where provision is made for the future extension of the street to the boundary line of adjoining property) shall provide a turnaround at the end with a right-of-way radius of not less than 60 feet and a cartway radius of not less than 50 feet. The center point for the radius shall be on the center line of the associated street or, if offset, to a point where the cartway radius also becomes a tangent to the right of the center lines of the street, facilitating the turnaround movement.

If a dead-end street is of a temporary nature, provisions shall be made for removal of the turnaround and reversion of the excess right-of-way to the adjoining properties as off-tract responsibility of the developer creating the street extension when the street is extended.

No street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound the names of existing streets as to be confusing therewith. The continuation of an existing street shall have the same name. The names of new streets must be approved by the governing body.

Streets shall be constructed in accordance with the following standards and specifications:

Arterial streets.

Six-inch quarry blend stone subbase.

Six-inch bituminous stabilized base course.

Two-inch FABC-1 surface course.

Collector and local streets.

Six-inch quarry blend stone subbase.

Five-inch bituminous stabilized base course.

Two-inch FABC-2 surface course.

(41)

Street signs. Street signs shall be metal on metal posts, of the type, design and standard required in the Street Ordinance or, if there is no Street Ordinance in effect at the time, then as approved by the approving authority on advice of the Municipal Engineer. The location of the street signs shall be determined by the Engineer, but there shall be at least two street signs furnished at each four-way intersection and one street sign at each T-intersection. All signs shall be installed free of visual obstruction.

(42)

Swimming pools.

No private residential pool shall be installed on any lot unless said lot shall contain a residence and said pool shall be accessory to the residence. The pool shall meet the side and rear yard requirements for uses in the district in which it is located. No pool shall be located in the front yard.

A pool shall occupy no more than the equivalent of 50% of the yard area in which it is located. For purposes of calculating the area of a pool, the area shall include the water surface, the patio adjoining the pool and any pumping, circulation and other mechanical equipment required to operate the pool. In no instance shall any pool, when considered in conjunction with all other buildings, structures and uses on a lot, exceed the permitted maximum lot coverage regulation for the zone in which the lot is situated.

[Repealed 1-23-1990 by Ord. No. 4-90; added 7-14-1992 by Ord. No. 23-92]

Pools shall otherwise be installed, operated and used in accordance with other health and safety ordinances regarding water filtration, circulation and treatment, fencing, noise and lighting.

(43)

Trailers. No trailer, auto trailer, trailer coach, travel trailer or camper shall be used for dwelling purposes or as sleeping quarters for one or more persons, nor shall any such trailer or camper be used for storage or space for the permanent conduct of any business, profession, occupation or trade, except that such facilities may be used for temporary residency as the temporary replacement of a damaged dwelling unit and for temporary use as a construction office located on a site during construction, provided that a temporary permit has been issued for its use by the Building Inspector. This section shall not be construed so as to prohibit the parking or storage of such trailers and campers on private premises in conformance with all applicable ordinances and codes.

(44)

Yards.

No open space provided around any principal building for the purpose of complying with front, side or rear yard provisions shall be considered as providing the yard provisions of another principal building. On a lot which extends through a block in a manner resulting in frontage on two or more streets, including corner lots, front yard requirements shall be complied with on all street frontages.

[Amended 5-2-1984 by Ord. No. 1109]

No front yard shall be used for open storage of boats, vehicles or any other equipment, including parking on driveways, except in the instance of a maximum twelve-foot-wide driveway directly leading to a garage, carport, etc., for the parking of a passenger vehicle.

(45)

Water supply. The developer shall arrange for the construction of water mains in such a manner as to make adequate water service available to each lot, dwelling unit or use within the development. The entire system shall be designed in accordance with the requirements and standards of the Middlesex Water Company and state agency having approval authority and shall be subject to their approval. The system shall also be designed with adequate capacity and sustained pressure for the present and probable future development.

(46)

Inspection, materials, testing and costs.

All improvements, except electric, gas, private utility lines and telephone lines, shall be subject to the inspection and approval of the Municipal Engineer, and the Utilities Department shall do its own inspection.

The office of the Municipal Engineer shall be notified in writing at least 72 hours prior to commencement of any phase of the project.

No underground installation shall be covered until inspected and approved by the Municipal Engineer.

Where, in the opinion of the Municipal Engineer, materials shall be tested for conformance with specifications, the property owner or developer (in the case of a subdivision) shall be responsible for all costs charged by the testing agency selected by the Municipal Engineer.

In the case of a subdivision, the developer shall pay all inspection fees. The developer shall deposit with the Municipal Clerk 5% of the estimated cost of the improvements in the performance bond in the form of cash or certified check to cover the cost of inspections.

Inspections shall be made by the Municipal Engineer at the following times as a minimum. The developer shall be responsible for notifying in writing the Municipal Engineer's office at least 24 hours in advance of each of the following stages or phrases of each stage:

Site clearing.

Storm drains and appurtenances.

Prior to laying pipe.

Prior to installation of manholes and inlets.

Prior to backfilling.

Grading.

Prior to rough grading.

After rough grading.

After fine grading.

Curb and sidewalk.

After forming subgrade and prior to setting forms.

After setting forms and prior to pouring concrete.

While pouring concrete (inspector shall be present).

Areas to be paved.

After forming subgrade and prior to laying base or subbase.

After laying subbase or base and prior to laying top course.

Prior to laying top course (inspector shall be present).

Landscaping.

Prior to installation of trees and shrubs.

Prior to sowing grass seed.

Changes in plans; final approval.

No minor changes can be made to the approved site plan unless granted in writing by the Board Consultant. Any major changes may necessitate another review by the Planning Board.

Final approval by the Municipal Engineer will not be given until the project is 100% completed, inspected and certified in writing by the Municipal Engineer that the project has been built in accordance with the plans and specifications of the approved project.

(47)

As-built plans.

Prior to the acceptance by the municipality of any improvement in a subdivision and the release of a performance guaranty covering same, there shall be filed with the Planning Board Secretary (6) six prints of as-built plans and profiles drawn to a suitable scale. Such drawings shall show how the improvements were actually constructed and installed and be certified as to accuracy.

[New]

Whenever, in the opinion of the Board Consultant, as-built plans are required for improvements other than subdivisions, this shall be made a condition of approval and included in the resolution. The specific requirements of the as-built plans shall be provided in writing by the Board Consultant.

(48)

Recycling facilities and design standards for developments of 50 or more units of single-family or two-family housing; any multi-family or townhouse housing and any non-residential development for the utilization of 1,000 square feet or more of land.

[Added 4-26-1994 by Ord. No. 11-94, amended 11-20-2007 by Ord. No. 32-2007]

Residential-single-family and two-family dwellings: Each single-family dwelling unit shall be designed to provide a location containing at least 18 cubic feet of space per unit for the storage of designated recyclable material. The location shall be clearly marked as such on floor plans of the dwelling unit.

Multifamily and townhouse dwellings. Recycling facilities shall be provided for multifamily and townhouse dwellings in accordance with the following:

Each multifamily and townhouse dwelling unit shall be designed to provide a location containing at least 12 cubic feet of space per unit for the storage of designated recyclable materials. The location shall be clearly marked as such on floor plans of the dwelling unit.

There shall be included in any new multifamily housing development which requires subdivision or site plan approval one or more indoor or outdoor recycling areas for the collection and storage of residentially generated recyclable materials. At a minimum, there shall be one recycling area for each 75 units or portion thereof. The dimensions of the recycling areas shall be sufficient in size 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. Outdoor recycling areas shall include a concrete pad of the same minimum size. The dimensions of the recycling areas and the bins or containers shall be determined in consultation with the recycling coordinator and shall be consistent with the district recycling plan, as adopted according to law; any applicable requirements of the City master plan, as adopted according to law; and the City land use ordinance in Chapter 53.

The recycling areas shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from refuse containers.

The recycling areas 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 areas without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling areas and the bins or containers placed therein against theft of recyclable materials, bins or containers.

The recycling areas or the bins and containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. 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.

Signs clearly identifying the recycling areas and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

Each recycling area shall be enclosed on three sides by a solid fence six feet in height and landscaping shall be provided around the fence.

The garden apartment or mobile home park owner or the incorporated homeowners' condominium association shall be responsible for providing general maintenance of the recycling areas, including but not limited to removal of snow and ice, pad and pavement maintenance, and fence and landscaping maintenance.

If the City determines that the curbside collection shall be applicable to any multifamily housing development, the developer, for new construction, or the garden apartment or mobile home park owner or the incorporated homeowners' or condominium association shall provide a designated area for curbside collection at each unit. For new construction, access for such collection shall be designed so as to provide an adequate turning radius for collection vehicles without interference from parked cars or other obstacles.

Nonresidential developments. Nonresidential developments shall provide recycling facilities in accordance with the following:

All nonresidential developments shall submit a recycling plan that includes the following information:

A description of the type of business expected to occupy the building. If, during site plan or subdivision review, the business type is unknown, a recycling plan will be submitted as part of the tenancy review process prior to issuance of a certificate of occupancy.

A list of recyclable materials, as defined in Chapter 79, expected to be generated.

The approximate amount of each recyclable material expected to be generated, in cubic yards or tons, monthly or annually.

Material separation and handling practices, which shall include the following:

A list of areas where material is expected to be generated.

[ii]

A method, in a manner acceptable to the recycling coordinator, of storing material at the point of generation, where applicable.

[iii]

A method of moving material from the generation area to the storage area, where applicable.

[iv]

The location of the designated storage area.

[v]

The size of the storage area. An explanation of the method used to determine the size of the storage area shall be provided.

[vi]

The size and type of container used to store each material, both at the point of generation and storage prior to vendor pickup. An explanation shall be provided concerning how the determination was made for the sizing of storage containers.

[vii]

The method of screening the recycling container, where applicable.

[viii]

The method of material removal, including frequency of pickup and the type of vehicle expected to be used for pickup.

[ix]

Safeguards to minimize confusion between recycling areas and collection procedures.

Site and space requirements for designated materials are listed in the master plan recycling element.

Recycling plan. A plan in the form of a narrative description and diagrams or maps, shall be submitted for every development proposal for the constructions of 50 or more units of single-family or two-family housing, any multifamily or townhouse housing and any non-residential development proposal for the utilization of 1000 square feet or more of land. The plan shall include details as to the storage, collection, disposition and recycling of recyclables materials as designated in Chapter 79 and shall comply with the requirements of Section 79-11.

(49)

Outdoor storage-refuse and recycling.

[Added 11-20-2007 by Ord. No. 32-2007]

Residential.

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

Each multi-family complex must provide bins in a convenient location or locations in a common area as drop-offs for storing refuse and recyclables until collection occurs.

The holding area hall provide for truck access and loading, shall be suitably screened from view, and set back from property lines. The screening shall include a solid wall and evergreen vegetation equal to or greater than the height of the storage receptacles.

Nonresidential.

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

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

Construction shall be performed under the supervision and inspection of the Board Consultant and/or Municipal Engineer in accordance with the regulations defined elsewhere herein.

[Added 8-2-83 by Ord. No. 1100]

The following design and performance standards shall be adhered to:

(1)

Accessory buildings.

[Amended 6-15-2011 by Ord. No. 10-2011]

Any accessory building attached to a principal building is part of a principal building and shall adhere to the yard requirements for the principal building.

[New]

(2)

Alcoholic and/or narcotic and/or drug abuse treatment center.

[Added 7-13-81 by Ord. No. 1066]

(Reserved)

[Repealed 2-19-2014 by Ord. No. 1-2014]

All professional personnel shall be licensed or authorized under the appropriate laws or regulations of the State of New Jersey.

The program director and medical director shall be specifically designated at the time of the application.

The center shall meet all local ordinances, including building, zoning, health and fire, and other regulations.[1]

Editor's Note: See also the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 and the City Code.

A site plan prepared in accordance with Section 53-60 shall accompany each application for approval of the proposed use.

In addition to compliance with local fire ordinances, the center shall meet the following minimum standards:

A fire procedure shall be established indicating the center's fire detection system, fire alarm procedures and evacuation routes.

The proposed use shall conform to all bulk, design, buffering and other requirements of the zone in which it is a conditional use, except as otherwise set forth in this section.

(p)

(q)

(r)

The center shall be a freestanding facility, with no other principal use on the lot or structure under consideration.

(s)

A statement of the anticipated number of patient visits by day, week, month and year shall be submitted, with supportive documentation.

(t)

(u)

Off-street parking shall be provided at the rate of one space for each 100 square feet of gross floor area, in addition to one space per staff member.

(v)

(Reserved)

[Repealed 2-19-2014 by Ord. No. 1-2014]

(3)

Apartments and townhouses.

No dwelling unit shall have a living area level lower than the finished grade along the front of the structure.

All required open space shall be improved for the purposes intended as shown on the plan, with 50 feet between facing rear walls.

No development shall exceed the density specified in the zoning provisions. No attached back-to-back units shall be permitted.

Editor's Note: See the Bulk Schedule Requirements included as an attachment to this chapter.

(4)

Blocks.

Block length, width and acreage shall be sufficient to accommodate the size of lot required in that zoning district and to provide for convenient access, circulation control and traffic safety.

Buffers.

The screen planting shall be so placed that at maturity it will not be closer than three feet to any street or property line.

Trees shall be at least eight feet in height and three inches caliper when planted and be of species common to the area, be of balled and burlapped nursery stock and be free of insects and disease.

Any plant material which does not live shall be replaced within one year or one growing season.

Screen plantings and landscaping shall be broken at points of vehicular and pedestrian ingress and egress to assure a clear-sight triangle at all street and driveway intersections.

(6)

Before issuing a permit, the approving authority shall determine that the following standards are met:

The minimum lot area shall be 40,000 square feet and the minimum frontage shall be 200 feet.

Off-street parking shall be provided at the ratio of one off-street parking space for each eight seats in the church.

Dished gutters shall not be permitted.

Storm drain pipes running longitudinally along streets shall not be located under curbing and/or sanitary sewers.

Easements.

All fences, walls and hedges must be erected within the property lines, and no fence, wall or hedge shall be erected so as to encroach upon a public right-of-way.

All fences, walls and hedges shall be maintained in a safe, sound and upright condition and presenting a uniform appearance.

Fire protection.

Hotel, motel. These uses where and if permitted in this chapter as specified herein shall comply with the following minimum standards:

Minimum floor area per unit.

Hotel: 250 square feet.

Motel: 250 square feet.

Minimum lot area per unit.

Hotel: 1,000 square feet.

Motel: 1,000 square feet.

Appropriate areas shall be set aside for the recreational needs of the guests.

Minimum parking requirements for motels and hotels.

One space per rental unit.

One space per each four seats of the composite gross number of eating facilities.

One space per each employee on the largest shift.

All garbage and recycling receptacles for storage and pickup shall be centrally located and easily accessible within a screened aboveground enclosure.

Such other performance standards as may be required by the approving authority.

Lots.

Lot dimensions and area shall not be less than the requirements of the Zoning Bulk Schedule Requirements of this chapter.

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

Each lot must front upon an approved paved street with a right-of-way of at least 50 feet or as deemed sufficient by the approving authority.

Conversion to permitted use. Any nonconforming building, structure or use may be changed to conform to this chapter but shall not be changed back to a nonconforming status.

Restoration and repair.

Sale. Any nonconforming use, structure or lot may be sold and continue to function in the same nonconforming manner.

In addition to all other requirements, there shall be provided one square foot of open space for every one square foot of building area, in plan, at the ground level.

(23)

Off-site and off-tract improvements.

The financing and construction of the improvements shall be arranged in one of the following manners:

(24)

Off-street parking and loading.

Access to and from lots.

Speed	Looking Right (Left Turn)	Looking Left (Right Turn)
25	280	240
30	335	290
35	390	335
40	445	385
45	500	430
50	555	480
55	610	530
60	665	575

Where two or more driveways connect a single site to any one road, a minimum clear distance of 25 feet measured along the right-of-way line shall separate the closest edges of any two such driveways.

Depending upon the intensity of their use, the following angles shall be required for driveways opening into streets:

	One-Way Curbline Opening (feet)	Operation Driveway Width (feet)	Two-Way Curbline Opening (feet)	Operation Driveway Width (feet)
5- to 10-family residence	12-15	10-13	24-30	24-30
10-family or over	12-30	10-26	24-36	24-30
Commercial and industrial	24-50	14-34	24-50	24-46
Service stations	15-36	12-34	12-36	20-34

Driveway surfacing and profiles.

Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage.

Acceleration and deceleration lanes.

Where the Official Map or Master Plan shows a proposed location for the jughandle or turn lane.

Where the proposed land improvement would provide more than 200 parking spaces on the site.

Where sight distances are below those recommended in this chapter.

At all intersections the minimum curb radii shall be 30 feet. Radii beyond this minimum may be required by the Municipal Engineer.

Existing curb. To construct a depressed curb where curbing exists, the existing curb shall be modified in accordance with the requirements given by the Engineer.

New depressed curb. New depressed curb shall be constructed in accordance with specifications as set forth by the Municipal Engineer.

Height of depressed curb above street pavement or shoulder. The top of the depressed curb shall be no greater than one and one-half (1 1/2) inches higher than the gutter grade.

Dimensions.

Angle of Parking Space	One-Way Aisle (feet)	Two-Way Aisle (feet)
90°	24	24
60°	18	24
45°	15	24
30°	12	24
Parallel	12	24

Off-street loading spaces shall have 15 feet of vertical clearance and be designed in accordance with the following schedule:

		Apron/Aisle Length (feet)
Loading Space		Apron/Aisle Length (feet)
Length (feet)	Width (feet)	90°	60°
60	10	72	66
60	12	63	57
60	14	60	54

Surfacing shall be approved as part of the plan approval.

Nonresidential uses. The minimum required number of parking spaces to be provided in connection with nonresidential uses in any given zone shall be in accordance with the following regulations:

Bowling alleys: four parking spaces for each lane.

Clubs: one parking space for each 100 square feet of gross floor area.

Hospitals: one parking space for each 300 square feet of gross floor area.

[f]

[g]

Mortuaries: one parking space for each 25 square feet of floor area devoted to assembly rooms for services.

[h]

Offices (medical and dental): one parking space for each 100 square feet of gross floor area.

[j]

Retail home furnishing stores: one parking space for each 500 square feet of gross floor area.

[k]

Restaurants or taverns (non-drive-in or non-fast-food franchise): one parking space for each 100 square feet of gross floor area.

[l]

Restaurants (drive-in/fast-food): one parking space for each 50 square feet of gross floor area.

[m]

Retail stores, personal services, or custom shops or studios: one parking space for each 200 square feet of gross floor area.

[n]

[o]

Banks: one parking space for each 200 square feet of gross floor area.

[p]

Police and fire stations and post offices: one space for each 250 square feet of gross floor area.

[q]

[r]

Other uses not specifically listed: the same requirement as for the most similar listed use, as determined by the Administrative Officer or one space for each 200 square feet.

[s]

Mixed uses: The total requirement shall be the sum of the requirements of the component uses computed separately.

[t]

Theaters. Theaters shall provide one parking space for each two seats.

[u]

Day Care Centers — one space for every 300 square feet of gross floor area of the structure contained on the property.

Location of parking and loading areas.

No loading and parking spaces shall be located in any required buffer area.

Parking spaces located to serve residential uses shall be within 150 feet of the entrance of the building and within 300 feet of commercial/industrial uses.

No parking shall be permitted in fire lanes, streets driveways, aisles, sidewalks or turning areas.

(25)

Performance standards, general.

Electricity. Electronic equipment shall be shielded so there is no interference with any radio or television reception beyond the operator's property as the result of the operation of such equipment.

Vibrations.

Steam emissions. No visible emissions of steam having an equivalent opacity greater than 60% except as the direct results of combustion, shall be permitted within 500 feet of a residential district.

Odorous matter. No odor shall be emitted that is detectable by the human olfactory sense at or beyond an adjacent lot line.

Noise emissions.

Noise level restrictions. Noises shall not exceed the maximum sound levels specified in the table, except as designated below:

Noise Level Restrictions
Performance Category	Maximum Level Permitted (dBA)	Where Measured
Residential districts	55*	On or beyond the neighboring use or lot line
Agricultural districts	60	On or beyond the neighboring use
All other districts	65	On or beyond the district boundaries

Exclusions and permitted variations.

The levels specified in the table may be exceeded once by 10 decibels in a single period of 15 minutes during one day.

Peak values of short duration, also known as "impact noises," may exceed the values specified in the table by 20 decibels or have a maximum noise level of 80 decibels, whichever is more restrictive.

Noises such as alarms, sirens, emergency warning devices, motor vehicles and other sources not under the direct control of a use are excluded from and above limitations.

Storage and waste disposal.

A set of plans and specifications and a statement setting forth full particulars on the operation of the structure or use must be filed with the approving authority in triplicate, showing Articles of Incorporation, trade name certificate, if any, required to be filed with the approving authority.

No building, structure or active recreation facility shall be located within 50 feet of the lot line of a residentially zoned lot. The maximum lot coverage shall be 50%.

The approving authority shall then decide the manner of compliance in accordance with the procedure provided for under this chapter.

(27)

(28)

Public utilities. All public services shall be connected to an approved public utilities system.

Service stations, public garages, filling stations.

[New]

Signs. No billboards shall be erected. No sign of any type shall be permitted to obstruct driving vision, traffic signals, sight triangles and traffic direction and identification signs.

Animated, flashing and illusionary signs. Signs using mechanical and/or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited.

[New]

Maintenance. Signs shall be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.

Stormwater runoff.

Vertical holes filled with coarse rock may be provided within the detention basin for percolation into the soil.

Where storm drains are installed outside streets, easements or rights-of-way may be required.

Streets.

When a development adjoins land capable of being developed or subdivided further, suitable provisions shall be made for optimum access from the adjoining tract to existing or proposed streets.

Local streets shall be designed to discourage through traffic.

Classification	ROW Width (feet)	Traffic Lanes	Width Between Curbs (feet)	Total Utility and Right-of-Way Outside the Curb* (feet)
Arterial	86	4 @ 12'	64	22
Collector	60	2 @ 12'	40	20
Primary local	56	2 @ 10'	36	14
Secondary local	50	2 @ 10'	30	20

* Shall be grass-stabilized topsoil, minimum four inches deep.

Sight triangles shall be provided as required in Subsection A(34), sight triangles, of this section.

Where dead-end (cul-de-sac) streets are utilized, they shall conform to the following standards:

Streets shall be constructed in accordance with the following standards and specifications:

Arterial streets.

Six-inch quarry blend stone subbase.

Six-inch bituminous stabilized base course.

Two-inch FABC-1 surface course.

Collector and local streets.

Six-inch quarry blend stone subbase.

Five-inch bituminous stabilized base course.

Two-inch FABC-2 surface course.

Swimming pools.

[Repealed 1-23-1990 by Ord. No. 4-90; added 7-14-1992 by Ord. No. 23-92]

Pools shall otherwise be installed, operated and used in accordance with other health and safety ordinances regarding water filtration, circulation and treatment, fencing, noise and lighting.

(43)

(44)

Yards.

[Amended 5-2-1984 by Ord. No. 1109]

(45)

(46)

Inspection, materials, testing and costs.

The office of the Municipal Engineer shall be notified in writing at least 72 hours prior to commencement of any phase of the project.

No underground installation shall be covered until inspected and approved by the Municipal Engineer.

Site clearing.

Storm drains and appurtenances.

Prior to laying pipe.

Prior to installation of manholes and inlets.

Prior to backfilling.

Grading.

Prior to rough grading.

After rough grading.

After fine grading.

Curb and sidewalk.

After forming subgrade and prior to setting forms.

After setting forms and prior to pouring concrete.

While pouring concrete (inspector shall be present).

Areas to be paved.

After forming subgrade and prior to laying base or subbase.

After laying subbase or base and prior to laying top course.

Prior to laying top course (inspector shall be present).

Landscaping.

Prior to installation of trees and shrubs.

Prior to sowing grass seed.

Changes in plans; final approval.

No minor changes can be made to the approved site plan unless granted in writing by the Board Consultant. Any major changes may necessitate another review by the Planning Board.

As-built plans.

[New]

[Added 4-26-1994 by Ord. No. 11-94, amended 11-20-2007 by Ord. No. 32-2007]

Multifamily and townhouse dwellings. Recycling facilities shall be provided for multifamily and townhouse dwellings in accordance with the following:

The recycling areas shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from refuse containers.

Each recycling area shall be enclosed on three sides by a solid fence six feet in height and landscaping shall be provided around the fence.

Nonresidential developments. Nonresidential developments shall provide recycling facilities in accordance with the following:

All nonresidential developments shall submit a recycling plan that includes the following information:

A list of recyclable materials, as defined in Chapter 79, expected to be generated.

The approximate amount of each recyclable material expected to be generated, in cubic yards or tons, monthly or annually.

Material separation and handling practices, which shall include the following:

A list of areas where material is expected to be generated.

[ii]

A method, in a manner acceptable to the recycling coordinator, of storing material at the point of generation, where applicable.

[iii]

A method of moving material from the generation area to the storage area, where applicable.

[iv]

The location of the designated storage area.

[v]

The size of the storage area. An explanation of the method used to determine the size of the storage area shall be provided.

[vi]

[vii]

The method of screening the recycling container, where applicable.

[viii]

The method of material removal, including frequency of pickup and the type of vehicle expected to be used for pickup.

[ix]

Safeguards to minimize confusion between recycling areas and collection procedures.

Site and space requirements for designated materials are listed in the master plan recycling element.

(49)

Outdoor storage-refuse and recycling.

[Added 11-20-2007 by Ord. No. 32-2007]

Residential.

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

Each multi-family complex must provide bins in a convenient location or locations in a common area as drop-offs for storing refuse and recyclables until collection occurs.

Nonresidential.

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

Construction shall be performed under the supervision and inspection of the Board Consultant and/or Municipal Engineer in accordance with the regulations defined elsewhere herein.

[Added 8-2-83 by Ord. No. 1100]

The following design and performance standards shall be adhered to:

(1)

Accessory buildings.

[Amended 6-15-2011 by Ord. No. 10-2011]

Any accessory building attached to a principal building is part of a principal building and shall adhere to the yard requirements for the principal building.

[New]

(2)

Alcoholic and/or narcotic and/or drug abuse treatment center.

[Added 7-13-81 by Ord. No. 1066]

(Reserved)

[Repealed 2-19-2014 by Ord. No. 1-2014]

All professional personnel shall be licensed or authorized under the appropriate laws or regulations of the State of New Jersey.

The program director and medical director shall be specifically designated at the time of the application.

The center shall meet all local ordinances, including building, zoning, health and fire, and other regulations.[1]

Editor's Note: See also the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 and the City Code.

A site plan prepared in accordance with Section 53-60 shall accompany each application for approval of the proposed use.

In addition to compliance with local fire ordinances, the center shall meet the following minimum standards:

A fire procedure shall be established indicating the center's fire detection system, fire alarm procedures and evacuation routes.

The proposed use shall conform to all bulk, design, buffering and other requirements of the zone in which it is a conditional use, except as otherwise set forth in this section.

(p)

(q)

(r)

The center shall be a freestanding facility, with no other principal use on the lot or structure under consideration.

(s)

A statement of the anticipated number of patient visits by day, week, month and year shall be submitted, with supportive documentation.

(t)

(u)

Off-street parking shall be provided at the rate of one space for each 100 square feet of gross floor area, in addition to one space per staff member.

(v)

(Reserved)

[Repealed 2-19-2014 by Ord. No. 1-2014]

(3)

Apartments and townhouses.

No dwelling unit shall have a living area level lower than the finished grade along the front of the structure.

All required open space shall be improved for the purposes intended as shown on the plan, with 50 feet between facing rear walls.

No development shall exceed the density specified in the zoning provisions. No attached back-to-back units shall be permitted.

Editor's Note: See the Bulk Schedule Requirements included as an attachment to this chapter.

(4)

Blocks.

Block length, width and acreage shall be sufficient to accommodate the size of lot required in that zoning district and to provide for convenient access, circulation control and traffic safety.

Buffers.

The screen planting shall be so placed that at maturity it will not be closer than three feet to any street or property line.

Trees shall be at least eight feet in height and three inches caliper when planted and be of species common to the area, be of balled and burlapped nursery stock and be free of insects and disease.

Any plant material which does not live shall be replaced within one year or one growing season.

Screen plantings and landscaping shall be broken at points of vehicular and pedestrian ingress and egress to assure a clear-sight triangle at all street and driveway intersections.

(6)

Before issuing a permit, the approving authority shall determine that the following standards are met:

The minimum lot area shall be 40,000 square feet and the minimum frontage shall be 200 feet.

Off-street parking shall be provided at the ratio of one off-street parking space for each eight seats in the church.

Dished gutters shall not be permitted.

Storm drain pipes running longitudinally along streets shall not be located under curbing and/or sanitary sewers.

Easements.

All fences, walls and hedges must be erected within the property lines, and no fence, wall or hedge shall be erected so as to encroach upon a public right-of-way.

All fences, walls and hedges shall be maintained in a safe, sound and upright condition and presenting a uniform appearance.

Fire protection.

Hotel, motel. These uses where and if permitted in this chapter as specified herein shall comply with the following minimum standards:

Minimum floor area per unit.

Hotel: 250 square feet.

Motel: 250 square feet.

Minimum lot area per unit.

Hotel: 1,000 square feet.

Motel: 1,000 square feet.

Appropriate areas shall be set aside for the recreational needs of the guests.

Minimum parking requirements for motels and hotels.

One space per rental unit.

One space per each four seats of the composite gross number of eating facilities.

One space per each employee on the largest shift.

All garbage and recycling receptacles for storage and pickup shall be centrally located and easily accessible within a screened aboveground enclosure.

Such other performance standards as may be required by the approving authority.

Lots.

Lot dimensions and area shall not be less than the requirements of the Zoning Bulk Schedule Requirements of this chapter.

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

Each lot must front upon an approved paved street with a right-of-way of at least 50 feet or as deemed sufficient by the approving authority.

Conversion to permitted use. Any nonconforming building, structure or use may be changed to conform to this chapter but shall not be changed back to a nonconforming status.

Restoration and repair.

Sale. Any nonconforming use, structure or lot may be sold and continue to function in the same nonconforming manner.

In addition to all other requirements, there shall be provided one square foot of open space for every one square foot of building area, in plan, at the ground level.

(23)

Off-site and off-tract improvements.

The financing and construction of the improvements shall be arranged in one of the following manners:

(24)

Off-street parking and loading.

Access to and from lots.

Speed	Looking Right (Left Turn)	Looking Left (Right Turn)
25	280	240
30	335	290
35	390	335
40	445	385
45	500	430
50	555	480
55	610	530
60	665	575

Where two or more driveways connect a single site to any one road, a minimum clear distance of 25 feet measured along the right-of-way line shall separate the closest edges of any two such driveways.

Depending upon the intensity of their use, the following angles shall be required for driveways opening into streets:

	One-Way Curbline Opening (feet)	Operation Driveway Width (feet)	Two-Way Curbline Opening (feet)	Operation Driveway Width (feet)
5- to 10-family residence	12-15	10-13	24-30	24-30
10-family or over	12-30	10-26	24-36	24-30
Commercial and industrial	24-50	14-34	24-50	24-46
Service stations	15-36	12-34	12-36	20-34

Driveway surfacing and profiles.

Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage.

Acceleration and deceleration lanes.

Where the Official Map or Master Plan shows a proposed location for the jughandle or turn lane.

Where the proposed land improvement would provide more than 200 parking spaces on the site.

Where sight distances are below those recommended in this chapter.

At all intersections the minimum curb radii shall be 30 feet. Radii beyond this minimum may be required by the Municipal Engineer.

Existing curb. To construct a depressed curb where curbing exists, the existing curb shall be modified in accordance with the requirements given by the Engineer.

New depressed curb. New depressed curb shall be constructed in accordance with specifications as set forth by the Municipal Engineer.

Height of depressed curb above street pavement or shoulder. The top of the depressed curb shall be no greater than one and one-half (1 1/2) inches higher than the gutter grade.

Dimensions.

Angle of Parking Space	One-Way Aisle (feet)	Two-Way Aisle (feet)
90°	24	24
60°	18	24
45°	15	24
30°	12	24
Parallel	12	24

Off-street loading spaces shall have 15 feet of vertical clearance and be designed in accordance with the following schedule:

		Apron/Aisle Length (feet)
Loading Space		Apron/Aisle Length (feet)
Length (feet)	Width (feet)	90°	60°
60	10	72	66
60	12	63	57
60	14	60	54

Surfacing shall be approved as part of the plan approval.

Nonresidential uses. The minimum required number of parking spaces to be provided in connection with nonresidential uses in any given zone shall be in accordance with the following regulations:

Bowling alleys: four parking spaces for each lane.

Clubs: one parking space for each 100 square feet of gross floor area.

Hospitals: one parking space for each 300 square feet of gross floor area.

[f]

[g]

Mortuaries: one parking space for each 25 square feet of floor area devoted to assembly rooms for services.

[h]

Offices (medical and dental): one parking space for each 100 square feet of gross floor area.

[j]

Retail home furnishing stores: one parking space for each 500 square feet of gross floor area.

[k]

Restaurants or taverns (non-drive-in or non-fast-food franchise): one parking space for each 100 square feet of gross floor area.

[l]

Restaurants (drive-in/fast-food): one parking space for each 50 square feet of gross floor area.

[m]

Retail stores, personal services, or custom shops or studios: one parking space for each 200 square feet of gross floor area.

[n]

[o]

Banks: one parking space for each 200 square feet of gross floor area.

[p]

Police and fire stations and post offices: one space for each 250 square feet of gross floor area.

[q]

[r]

Other uses not specifically listed: the same requirement as for the most similar listed use, as determined by the Administrative Officer or one space for each 200 square feet.

[s]

Mixed uses: The total requirement shall be the sum of the requirements of the component uses computed separately.

[t]

Theaters. Theaters shall provide one parking space for each two seats.

[u]

Day Care Centers — one space for every 300 square feet of gross floor area of the structure contained on the property.

Location of parking and loading areas.

No loading and parking spaces shall be located in any required buffer area.

Parking spaces located to serve residential uses shall be within 150 feet of the entrance of the building and within 300 feet of commercial/industrial uses.

No parking shall be permitted in fire lanes, streets driveways, aisles, sidewalks or turning areas.

(25)

Performance standards, general.

Electricity. Electronic equipment shall be shielded so there is no interference with any radio or television reception beyond the operator's property as the result of the operation of such equipment.

Vibrations.

Steam emissions. No visible emissions of steam having an equivalent opacity greater than 60% except as the direct results of combustion, shall be permitted within 500 feet of a residential district.

Odorous matter. No odor shall be emitted that is detectable by the human olfactory sense at or beyond an adjacent lot line.

Noise emissions.

Noise level restrictions. Noises shall not exceed the maximum sound levels specified in the table, except as designated below:

Noise Level Restrictions
Performance Category	Maximum Level Permitted (dBA)	Where Measured
Residential districts	55*	On or beyond the neighboring use or lot line
Agricultural districts	60	On or beyond the neighboring use
All other districts	65	On or beyond the district boundaries

Exclusions and permitted variations.

The levels specified in the table may be exceeded once by 10 decibels in a single period of 15 minutes during one day.

Peak values of short duration, also known as "impact noises," may exceed the values specified in the table by 20 decibels or have a maximum noise level of 80 decibels, whichever is more restrictive.

Noises such as alarms, sirens, emergency warning devices, motor vehicles and other sources not under the direct control of a use are excluded from and above limitations.

Storage and waste disposal.

A set of plans and specifications and a statement setting forth full particulars on the operation of the structure or use must be filed with the approving authority in triplicate, showing Articles of Incorporation, trade name certificate, if any, required to be filed with the approving authority.

No building, structure or active recreation facility shall be located within 50 feet of the lot line of a residentially zoned lot. The maximum lot coverage shall be 50%.

The approving authority shall then decide the manner of compliance in accordance with the procedure provided for under this chapter.

(27)

(28)

Public utilities. All public services shall be connected to an approved public utilities system.

Service stations, public garages, filling stations.

[New]

Signs. No billboards shall be erected. No sign of any type shall be permitted to obstruct driving vision, traffic signals, sight triangles and traffic direction and identification signs.

Animated, flashing and illusionary signs. Signs using mechanical and/or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited.

[New]

Maintenance. Signs shall be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.

Stormwater runoff.

Vertical holes filled with coarse rock may be provided within the detention basin for percolation into the soil.

Where storm drains are installed outside streets, easements or rights-of-way may be required.

Streets.

When a development adjoins land capable of being developed or subdivided further, suitable provisions shall be made for optimum access from the adjoining tract to existing or proposed streets.

Local streets shall be designed to discourage through traffic.

Classification	ROW Width (feet)	Traffic Lanes	Width Between Curbs (feet)	Total Utility and Right-of-Way Outside the Curb* (feet)
Arterial	86	4 @ 12'	64	22
Collector	60	2 @ 12'	40	20
Primary local	56	2 @ 10'	36	14
Secondary local	50	2 @ 10'	30	20

* Shall be grass-stabilized topsoil, minimum four inches deep.

Sight triangles shall be provided as required in Subsection A(34), sight triangles, of this section.

Where dead-end (cul-de-sac) streets are utilized, they shall conform to the following standards:

Streets shall be constructed in accordance with the following standards and specifications:

Arterial streets.

Six-inch quarry blend stone subbase.

Six-inch bituminous stabilized base course.

Two-inch FABC-1 surface course.

Collector and local streets.

Six-inch quarry blend stone subbase.

Five-inch bituminous stabilized base course.

Two-inch FABC-2 surface course.

Swimming pools.

[Repealed 1-23-1990 by Ord. No. 4-90; added 7-14-1992 by Ord. No. 23-92]

Pools shall otherwise be installed, operated and used in accordance with other health and safety ordinances regarding water filtration, circulation and treatment, fencing, noise and lighting.

(43)

(44)

Yards.

[Amended 5-2-1984 by Ord. No. 1109]

(45)

(46)

Inspection, materials, testing and costs.

The office of the Municipal Engineer shall be notified in writing at least 72 hours prior to commencement of any phase of the project.

No underground installation shall be covered until inspected and approved by the Municipal Engineer.

Site clearing.

Storm drains and appurtenances.

Prior to laying pipe.

Prior to installation of manholes and inlets.

Prior to backfilling.

Grading.

Prior to rough grading.

After rough grading.

After fine grading.

Curb and sidewalk.

After forming subgrade and prior to setting forms.

After setting forms and prior to pouring concrete.

While pouring concrete (inspector shall be present).

Areas to be paved.

After forming subgrade and prior to laying base or subbase.

After laying subbase or base and prior to laying top course.

Prior to laying top course (inspector shall be present).

Landscaping.

Prior to installation of trees and shrubs.

Prior to sowing grass seed.

Changes in plans; final approval.

No minor changes can be made to the approved site plan unless granted in writing by the Board Consultant. Any major changes may necessitate another review by the Planning Board.

As-built plans.

[New]

[Added 4-26-1994 by Ord. No. 11-94, amended 11-20-2007 by Ord. No. 32-2007]

Multifamily and townhouse dwellings. Recycling facilities shall be provided for multifamily and townhouse dwellings in accordance with the following:

The recycling areas shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from refuse containers.

Each recycling area shall be enclosed on three sides by a solid fence six feet in height and landscaping shall be provided around the fence.

Nonresidential developments. Nonresidential developments shall provide recycling facilities in accordance with the following:

All nonresidential developments shall submit a recycling plan that includes the following information:

A list of recyclable materials, as defined in Chapter 79, expected to be generated.

The approximate amount of each recyclable material expected to be generated, in cubic yards or tons, monthly or annually.

Material separation and handling practices, which shall include the following:

A list of areas where material is expected to be generated.

[ii]

A method, in a manner acceptable to the recycling coordinator, of storing material at the point of generation, where applicable.

[iii]

A method of moving material from the generation area to the storage area, where applicable.

[iv]

The location of the designated storage area.

[v]

The size of the storage area. An explanation of the method used to determine the size of the storage area shall be provided.

[vi]

[vii]

The method of screening the recycling container, where applicable.

[viii]

The method of material removal, including frequency of pickup and the type of vehicle expected to be used for pickup.

[ix]

Safeguards to minimize confusion between recycling areas and collection procedures.

Site and space requirements for designated materials are listed in the master plan recycling element.

(49)

Outdoor storage-refuse and recycling.

[Added 11-20-2007 by Ord. No. 32-2007]

Residential.

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