Upper Township City Zoning Code
§ 20-5.8
Performance Standards for All Uses.
[Ord. #7006-2002, § 2; Ord. #004-2007, § 2; Ord. #009-2007, § 2; Ord. #004-2015 § 3]
An application for subdivision or site plan shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a construction permit may be issued with the condition that no Certificate of Occupancy will be issued until such time as this documentation is submitted with respect to the particular occupant. It shall be the burden of the applicant to prove beyond a reasonable doubt that the proposed use meets the standards required by this chapter.
a.
Landscape Buffers. Landscape buffers are plantings, berms or grading and fences or walls provided within the buffer area as designated in § 20-4, or as necessary, to visually soften or screen and enhance views and minimize or separate any adverse impacts or nuisances on a site from adjacent properties or roads. The designer and the Planning Board or Zoning Board of Adjustment should consider the dimension of a landscape buffer area, existing vegetation, structures and topography along with the intensity and type of land use involved relative to these standards to determine the appropriate landscape buffer. The Planning Board or Zoning Board of Adjustment may require a more or less significant landscape buffer if appropriate. The following standards are provided for particular types of buffer areas:
1.
Nuisance Landscape Buffer. This type of landscape buffer is appropriate for buffer areas provided between nonresidential or residential uses and adjacent nonresidential or different residential uses or zones where a continuous visual screen is appropriate. The following standards shall apply:
(a)
All existing trees and understory vegetation should be preserved, and the plans must specify appropriate grading and tree protection details to assure the preservation of the vegetation. The plans must clearly indicate all vegetation to be preserved and removed. If the Planning Board or Zoning Board of Adjustment deems it appropriate, supplemental planting should be provided to provide a complete visual screen. Quantities and types of supplemental plantings must respond to the deficiencies of existing vegetation and complement the existing vegetation and the overall design and must be indicated on the landscape plan.
(b)
Areas void of significant vegetation shall receive landscape architectural treatment including planting, berming, fences or walls as appropriate. Berms, fences or walls shall be provided at a height of four feet to eight feet, or as necessary to provide a visual screen, with the approval of the Planning Board or Zoning Board of Adjustment. The general design, form and materials of fences, walls and berms should relate to the overall design and the materials utilized for other structures on the site and be aesthetically pleasing from all sides. Planting should be provided in conjunction with berming, fencing or walls or may be provided solely to provide a complete visual screen and visually interesting and pleasing area. The following quantities and minimum size guidelines are provided. If berms, fencing or walls are provided, a decreased quantity of planting may be provided at the discretion of the Planning Board or Zoning Board of Adjustment. For every 100 linear feet of buffer area, measured at the longest line, the following must be provided:
Type | Quantity | |
|---|---|---|
Evergreen Trees | 14 | Double Alternating Row |
Shade Trees | 4 | |
Ornamental Trees | 3 | |
Shrubs | 28 |
2.
Filtered Buffer. This type of landscape buffer is appropriate in buffer areas or green space which is provided to soften the impact of a land use yet still allow views beyond the buffer area. In particular, this type of buffer shall be provided around the perimeter of all parking areas, internal site access roads or lanes and the perimeter of a site which abuts a lane, street, road, highway or an adjacent site and a complete visual screen is not appropriate. A buffer shall be provided to screen unsafe distractions such as glare from cars and light standards; to provide a visually pleasing environment; and to provide spatial definition to avoid confusion. The following standards shall apply:
(a)
All existing trees and understory vegetation should be preserved, and the plans must specify appropriate grading and tree protection details to assure the preservation of the vegetation. The plans must clearly indicate all vegetation to be preserved and removed. If the Planning Board or Zoning Board of Adjustment deems it appropriate, supplemental planting should be provided to provide a filtered visual screen. Quantities and types of supplemental plantings must respond to the deficiencies of existing vegetation and complement the existing vegetation and the overall design and must be indicated on the landscape plan.
(b)
Areas void of significant vegetation shall receive landscape architectural treatment, including plantings, berming, fences or walls as appropriate. Berms, fences or walls should be provided at a height of two feet to four feet as necessary to provide an appropriate buffer. The general design, form and materials of fences, walls and berms should relate to the overall design and the materials utilized for other structures on the site and are esthetically pleasing from all sides. Planting should be provided in conjunction with berming, fencing or walls or may be provided solely to provide an appropriate screen and a visually interesting and pleasing area emphasizing appropriate views. Parked vehicles shall be buffered as viewed from all areas outside of the parking area. The following quantities and minimum size guidelines are provided. If berms, fencing or walls are provided, a decreased quantity of planting may be provided at the discretion of the Planning Board or Zoning Board of Adjustment. For every 100 linear feet of buffer area, measured at the longest line, the following must be provided:
Type | Quantity |
|---|---|
Evergreen Trees | 13 |
Shade Trees | 4 |
Ornamental Trees | 6 |
Shrubs | 55 |
3.
Windbreak/Heavy Screening. This type of buffer is appropriate in buffer areas where the additional need of a windbreak to stop wind born debris from leaving a site is necessary or around objectionable facilities or utility structures where a dense complete visual screen is appropriate. This would include buffer areas around outdoor storage facilities, loading areas or solid waste disposal facilities (dumpsters) or when an undersized buffer area is provided and the standards specified in Subsection 20-5.8a1, Nuisance landscape buffer, are not sufficient at the discretion of the Planning Board or Zoning Board of Adjustment. The following standards shall apply:
(a)
Provide a fence, wall or planting which will create a dense complete visual screen. The height of the fence, wall or planting should be designed relative to the facility being screened and shall be subject to the approval of the Planning Board or Zoning Board of Adjustment. The general design, form and materials of fences or walls should relate to the overall design and the materials utilized for other structures on the site or the neighborhood and are esthetically pleasing from all sides. Planting should be included in conjunction with any fence or wall.
(b)
If planting alone is provided, then a double staggered row of dense evergreen plants shall be specified. The spacing between individual plants shall be as necessary to provide a continuous hedge with plants touching at the time of installation. The installed and mature height of the plants must respond to the height of the area or facility being screened and the views from adjacent areas and shall be subject to the approval of the Planning Board or Zoning Board of Adjustment.
(c)
The plan submission should include an illustrative section drawing demonstrating the effectiveness of the buffer.
4.
Reverse Frontage Buffer. This type of buffer shall be required where the rear yards of residential units and/or lots face or front on a roadway and when any yard of a residential unit or lot faces or fronts on an expressway or arterial roadway. The following landscape architectural treatment shall be provided to screen and separate private residential spaces from the roadway.
(a)
All existing trees and valuable understory vegetation should be preserved, and the plans must specify appropriate grading and tree protection details to assure the preservation of the vegetation. The plans must clearly indicate all vegetation to be preserved and removed. If the Planning Board or Zoning Board of Adjustment deems it appropriate, supplemental planting, berms or walls should be specified to provide a complete visual screen. The need for and the height and design of supplemental berms or walls must respond to the deficiencies of existing vegetation and the proximity of the residential unit to the road. If the Planning Board or Zoning Board of Adjustment deems it appropriate berms or walls may be required. Quantities and types of supplemental plantings must respond to the deficiencies of existing vegetation and complement the existing vegetation and the overall design and must be indicated on the landscape plan.
(b)
Areas void of significant vegetation shall receive landscape architectural treatment, including plantings, berming, fencing or walls as appropriate. Berms, fences or walls shall be provided at a height of three feet to eight feet averaging five feet or as necessary to provide a visual screen at the discretion of the Planning Board or Zoning Board of Adjustment. The general design, form and materials of fences, walls and berms should relate to the overall design and the materials utilized for other structures on the site and be aesthetically pleasing from all sides. The sidewalk layout shall be integrated with the buffer and the overall design and adjacent development when appropriate. Planting should be provided in conjunction with berming, fencing or walls or may be provided solely to provide a complete visual screen and visually interesting and pleasing area. The following quantities and minimum size guidelines are provided. If berms, fencing or walls are provided, a decreased quantity of planting may be provided at the discretion of the Planning Board or Zoning Board of Adjustment. For every 100 linear feet of buffer area, measured at the longest line, the following must be provided:
Type | Quantity | |
|---|---|---|
Evergreen Trees | 10 | Double Alternating Row |
Shade Trees | 6 | |
Ornamental Trees | 5 | |
Shrubs | 40 |
5.
Residential Buffer. This type of buffer is appropriate buffer between two adjacent residential uses which is provided to soften the impact of the land use on the community. Properties may provide additional buffer but is not required to provide such buffer as long as they provide the minimum vegetation in Subsection (b) below.
(a)
All existing trees should be preserved and the plans must specify appropriate grading and tree protection details to assure the preservation of the vegetation.
(b)
Areas void of significant vegetation shall receive landscape plantings as follows for every 100 linear feet of buffer area:
Type | Quantity |
|---|---|
Evergreen or Shade Tree | 2 |
Ornamental Tree | 2 |
Shrubs | 5 |
6.
General Landscape Standards. All areas not occupied by structures, impervious cover and natural vegetation shall be maintained and planted as follows:
(a)
Area shall be kept clean of all debris, rubbish, weeds and tall grass (over 12 inches in height).
(b)
Area shall be planted with grass or ground cover to prevent erosion of soil in accordance with the Cape-Atlantic Soil Conservation District Standards.
(c)
An underground irrigation system shall be provided for nonresidential properties.
(d)
Landscape areas shall be permanently maintained, and plant material which does not live shall be replaced within one year or one growing season.
(e)
Landscape buffer plan material shall be so placed that at the maturity, the plant will be no closer than three feet from any street.
(f)
The buffer area shall not be broken unless specifically approved by the Planning Board or Zoning Board of Adjustment.
(g)
Plant material within the buffer shall be the following: a minimum height of six feet to eight feet for evergreen trees, two feet to 2.5 feet for shrubs and a minimum caliper of one inch to 1.5 inches for ornamental trees and a minimum caliper of two inches and 2.5 inches for shade trees.
(h)
The plant material shall be of a species common to the area, be of nursery stock, shall be free of insect and disease, and shall be otherwise conform to the landscaping provisions of Subsection 20-5.14c which are applicable within the Pinelands Area.
(i)
No roads, parking or buildings or structures shall be located within prescribed landscape buffer with the exception of access driveways serving the development, sidewalks and bike/jogging paths.
(j)
Off-street parking lots shall be landscaped in accordance with Subsection 20-5.7a4.
(k)
At a minimum 10% of the lot area shall be landscaped. The landscaping shall be located in protected areas along walkways, in center islands, adjacent to the building and in all irregular spaces not used for parking. The landscape areas shall include a combination of ground cover, shrubbery, ornamental plantings and shall include one canopy tree per 1,225 square feet of required landscape area. Said area shall be in addition to the required landscape buffer requirements.
[Ord. #004-2015 § 3]
b.
Electricity. Electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line or beyond the operator's dwelling unit, in the case of multi-family dwellings, as the result of the operation of such equipment. Electronic equipment shall be in accordance with FCC standards.
c.
Glare. No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining dwelling units, adjoining districts, or streets.
d.
Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which would cause the temperature to rise or fall in any part of ponds, streams or other water courses.
e.
Noise. Noise levels for commercial and industrial enterprises shall be designed and operated in accordance with the regulations established by the New Jersey State Department of Environmental Protection as they are adopted and amended.
f.
Odor. Odors shall not be discernible at the lot line or beyond to such an extent that they become a nuisance.
g.
Storage and Waste Disposal. 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 be deposited which can contaminate an underground aquifer or otherwise render such underground aquifer undesirable as a source of water supply or recreation or which will destroy aquatic life. 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 indoors and enclosed in appropriate containers adequate to eliminate such hazards.
h.
Vapor. No use shall produce smoke, ash, dust, fumes, vapors, gases or other forms of air pollution which could cause damage to the health of any person, animal or vegetation or which could cause excessive soiling.
i.
Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate site on which such use is located.
j.
Vegetation and Landscaping.
1.
All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.
2.
Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:
(a)
Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated; and
(b)
Revegetate or landscape areas temporarily cleared or disturbed during development activities.
3.
All applications for major subdivision or site plan shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection j4 below.
4.
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection j3 above or required pursuant to Chapter 19, Subsection 19-6.5c, shall incorporate the following elements:
(a)
The limits of clearing shall be identified;
(b)
Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design where practical;
(c)
Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure; and
(d)
Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation or landscaping purposes within Pinelands Management Areas. Other shrubs and trees may be used in the following circumstances:
(1)
When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;
(2)
For limited ornamental purposes around buildings and other structures; or
(3)
When limited use of other shrubs or tree species is required for proper screening or buffering.
5.
All forestry activities shall comply with Subsection 20-5.14e except that areas outside of the Pinelands Management Area are not required to receive a Certificate of Filing from the Pinelands Commission.
6.
Development Prohibited in the Vicinity of Threatened or Endangered Plants. No development shall be carried out by any person unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of threatened or endangered plants as designated by the Pinelands Commission in N.J.A.C. 7:50-6.27 and by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.
7.
Required projects shall demonstrate compliance with this section by conducting an environmental assessment in accordance with Subsection 19-7.16. In any application to the Zoning Board of Adjustment for variance relief not involving a site plan or subdivision the Zoning Board of Adjustment may require an environmental assessment pursuant to Subsection 19-7.16.
8.
If the project site contains threatened or endangered plants then a habitat evaluation shall be performed in accordance with N.J.A.C. 7:7E-3C.2 and shall include plan for habitat preservation and protection.
k.
Fish and Wildlife.
1.
No development shall be carried out unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered animals designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.
2.
Protection of Wildlife Habitat. All development shall be carried out in a manner which avoids disturbance to distinct fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding of significant populations of fish and wildlife in the Township of Upper.
3.
Required projects shall demonstrate compliance with this section by conducting an environmental assessment in accordance with Subsection 19-7.16. In any application to the Zoning Board of Adjustment for variance relief not involving a site plan or subdivision the Zoning Board of Adjustment may require an environmental assessment pursuant to Subsection 19-7.16.
4.
If the project site contains threatened or endangered animals and/or habitat for threatened or endangered animals then a habitat evaluation shall be performed in accordance with N.J.A.C. 7:7E-3C.3 and shall include plan for habitat preservation and protection.
