All developments shall conform to design standards encouraging sound development patterns within the Borough. Where an official map or master plan has been adopted, the development shall conform to them.

Character of the land. Land identified in the Master Plan as critical areas or which flood, have improper drainage, shallow depth to water table, steep slopes, rock formations, utility easements or similar features shall not be used as buildable areas unless adequate and acceptable methods are formulated by the developer to solve the problems by methods meeting this chapter and all other regulations.

Performance standards.

Any accessory building or deck constructed of any material attached to a principal building is part of the principal building and shall adhere to the yard requirements for the principal building.

The minimum distance of any accessory building to a property line or to a building on the same lot shall be five feet.

Height and area. Accessory buildings shall not exceed 15 feet in height and may not occupy an area totaling more than 25% of a required rear yard or a maximum of 900 square feet, whichever is smaller.

Location. An accessory building may be erected in the side or rear yard only. If erected on a corner lot, it shall be set back from the side street to comply with the setback line applying to the principal building.

Towers are regulated under §§ 94-69.1 and 94-86.1, and this § 94-37 shall not apply to same.

Each overall development shall have a compatible architectural and landscaping theme.

No complete dwelling unit shall have its entire living area level lower than the finished grade along the front of the structure; except that on side hill locations, the number of stories above ground on the uphill side shall not exceed two stories, with a third story permitted above ground on the downhill side. The height of the building measured from the foundation on the downhill side shall not exceed 40 feet.

Usable recreation areas. For any garden apartment building or group of such buildings containing a total of more than 24 dwelling units, there shall be reserved and improved within the Borough of Washington, in addition to the minimum space between buildings and the off-street parking space herein required, a minimum open space equivalent to 15% of the total land area in the Borough of Washington within the garden apartment house site for usable recreation space, provided that no single contiguous usable recreation space shall be smaller than one acre, except where a smaller area shall be approved for limited purposes by the Planning Board, and no building containing dwelling units shall be more than 500 feet from the nearest usable recreation space. Usable recreation space shall be approved for such use by the Planning Board incidental to site plan approval as hereinafter provided. In no case shall swampy or poorly drained land be approved for such purpose, nor shall any part of any recreation area to be devoted to and used for baseball or football fields, swimming pools, children's playground and the like be within 200 feet of any public street line or within 100 feet of the boundary of any abutting property zoned for residential use. Swimming pools, ballfields, play courts and other recreation facilities shall be confined to these approved recreation areas. All lighting fixtures shall be so designed, located and shielded that light radiating therefrom shall be reasonably confined to the recreation areas.

Approved bedrooms. Where the number of bedrooms per unit has been approved as part of the site plan, no other room shall be used for sleeping purposes.

A strip of land 20% of the average width and depth of the property when a nonresidential use abuts a residential zone on the side or rear, respectively, shall be designated as a buffer area and so indicated on the plat. Buffer areas shall be located along residential property lines and shall be of uniform width. In no case should the width of the buffer exceed 50 feet. If the buffer is less than 20 feet wide, the applicant may be required to erect and landscape a six-foot-high stockade fence within the buffer area parallel to the lot line of the abutting residential lot and set back a distance appropriate for the landscaping treatment in the buffer area. Buffer areas between parking and loading areas and streets shall be at least 15 feet wide.

Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass. Any screen planting shall be maintained permanently, and any plant material which does not live shall be replaced within one year or one growing season.

No structure, activity, storage of materials or parking of vehicles shall be permitted in the buffer area, except access drives from public streets, one unlighted directional sign per each direction of traffic per access drive, and permitted signs as specified in the district regulations.

Requirements for planting in the buffer area.

The approving authority shall have the power to waive any of the buffer requirements if it determines that an adequate buffer can be provided in less than 20 feet while maintaining the purposes of this section. The approving authority shall review the proposed plat and the standards and purposes for buffers, considering the location of buildings, parking areas, outdoor illumination and topographic features of the area and existing features such as trees and streams; the efficiency, adequacy and safety of the proposed layout of driveways, streets, sidewalks and paths; the adequacy and location of existing green areas and buffer areas; the adequacy and location of screening and parking areas; structures and uses; and similar features.

Notwithstanding any of the provisions contained herein to the contrary, where a nonresidential development abuts the Age-Restricted Residential Zone District created by Ordinance No. 14-2005,[1] the buffer area shall be 10 feet in width.

The purpose of this section is to provide flexibility in design options, aid in reducing development costs and provide a method of preserving land for open spaces, common property, conservation areas, floodplains, school sites, recreation areas, parks and/or land for other public purposes by permitting a reduction in lot size without increasing the number of lots or permitted number of dwelling units.

Cluster developments may be approved in accordance with the following standards, provided that the tract size is at least 25 acres:

Land offered to the Borough shall meet the following requirements:

Concurrence of governing body procedure. A copy of the proposal to dedicate land to the Borough shall be transmitted to the governing body. The acceptability of the land shall be subject to the approval of the approving authority and the governing body. Both shall be guided by the Master Plan, the ability to assemble and relate such lands to an overall plan, the accessibility and potential utility of such lands to serve the intended purpose and such existing features as topography, soils, wetlands and tree cover, as these features may enhance or detract from the intended use of the land.

This report shall accompany all preliminary site plan and subdivision plats:

Notwithstanding the foregoing, the approving authority may waive all or part of an environmental impact report if sufficient evidence is submitted to support a conclusion that the development will have a slight or negligible environmental impact or that the complete report need not be prepared to evaluate the environmental impact of the development.

Membership by all owners of property or interests in the project shall be mandatory. Required membership and their responsibilities shall be in writing between the organization and each member in the form of a covenant, with each agreeing to liability for his pro-rata share of the organization's costs.

The organization shall be responsible for liability insurance (with the municipality carried as a named insured), taxes, maintenance and any other obligations assumed by the organization and shall hold the municipality harmless from any liability. The organization shall not be dissolved and shall not dispose of any common open space or common property by sale or otherwise, except to an organization conceived and established to own and maintain such open space or property for the benefit of such development. Thereafter such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to the Borough.

The organization shall be allowed to adjust the assessment to meet changing needs.

The organization shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of its covenants, model deeds and articles of incorporation. The master deed shall state that every tenant and property owner shall have the right to use all common properties.

The articles of incorporation, covenants, bylaws, model deeds and other legal instruments shall ensure that control of the organization shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied and shall clearly indicate that, in the event that such organization shall fail to maintain the common open space or common property in reasonable order and condition, the Borough may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the common open space or common property in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the designated Borough body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the Borough, in order to preserve the common open space and common property and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the common open space and common property except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Borough Council shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space and common property, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Borough Council, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Borough shall not, at the election of the Borough Council, continue for a succeeding year. If the Borough Council shall determine that such organization is ready and able to maintain said open space and property in reasonable condition, the Borough shall cease to maintain said open space and property at the end of said year. If the Borough Council shall determine that such organization is not ready and able to maintain said open space and property in a reasonable condition, the Borough Council may, in its discretion, have the Borough continue to maintain said open space and property during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Borough Council in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the Borough shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open space and common property in accordance with assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon and enforced and collected with interest by the same officers and in the same manner as other taxes.

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

Each lot must front upon an approved, paved street.

Through lots with frontage on two streets are permitted, provided that access shall be to the street with the lower traffic function.

Extra width for street widening in accordance with an adopted Master Plan or Official Map shall either be dedicated or, if not dedicated, shall be anticipated by increasing the lot size in anticipation of future right-of-way.

Where there is a question as to the suitability of a lot(s) due to rock formations, flood conditions or high water table, the approving authority may, after adequate investigation, withhold approval of such lots.

The transfer of title to one or more adjoining lots, tracts or parcels of land owned by the same person or persons shall not constitute a subdivision of land when such lots, tracts or parcels all conform to the requirements of this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the municipality.

(Reserved)

Whenever land has been dedicated to the Borough in order to meet the minimum street width requirements or to implement the Official Map or Master Plan, the Construction Official 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.

Access to and from lots. Drives shall be limited to two to any street; except when the frontage exceeds 500 feet, the number of drives may be based on one drive for each 250 feet of property frontage. The center lines of access points of drives shall be spaced at least 65 feet apart. Each drive shall handle no more than two lanes of traffic, be at least 50 feet from the street line of any intersecting street and be at least 20 feet from any property line. Curbing shall be either depressed at the driveway or have the curbing rounded at the corners, with the access drive connected to the street in the same manner as another street. This subsection shall not govern one- or two-family residences, which are covered by § 94-53K.

Access to parking and loading spaces shall be by on-site aisles to permit each vehicle to proceed to and from each space without moving another vehicle. Parking spaces shall not be an extension of any street right-of-way.

Buffers. Parking and loading areas for six or more vehicles shall be buffered from adjoining streets and single-family residential uses meeting the objectives of § 94-40.

Curbing. Off-street parking areas containing six or more spaces and all off-street loading areas shall have concrete curbing around the perimeter located in conjunction with an overall drainage plan. Curbing shall be ramped in accordance with the Design Standards for Curb Ramps for the Physically Handicapped of the New Jersey Department of Transportation, with ramps opposite each aisle.

Dimensions.

Drainage facilities shall be installed in accordance with good engineering practice as approved by the Municipal Engineer and in accordance with the drainage provisions of § 94-44 and Chapter 57 of the Borough's Code.

Surfacing shall be approved as part of the plan approval. Areas to experience heavy traffic shall be paved with not less than five inches of compacted plant-mixed bituminous stabilized base course and a minimum two-inch-thick compacted wearing surface of bituminous concrete (FABC) or equivalent. All shall be constructed in accordance with the most-current Standard Specifications of the New Jersey Department of Transportation.

Landscaping in parking and loading areas shall be shown on the site plan. Trees shall be 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 10 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, singly or in combination.

Minimum parking requirements. The number of spaces shall be based on the following schedule:

Location of parking and loading areas.

Parking standards for one- and two-family dwellings. The following standards apply to all one- and two-family dwellings in any zone district:

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

Air, water and environmental pollution. No use shall emit heat, odor, vibrations, noise or any other pollutant into the ground, water or air that exceeds the most-stringent, applicable state and federal regulation. No permit shall be issued for any use where a state permit is required until the state has ascertained and approved the level and quality of emission, type and quality of emission control and level of monitoring to be conducted.

Storage and waste disposal. No materials shall be deposited so that they can be transferred off the lot, directly or indirectly, by natural forces, such as precipitation, surface water, evaporation or wind. All materials which might create a pollutant or be a safety and health hazard shall be stored indoors and/or be enclosed in appropriate containers to eliminate such pollutant or hazard. No flammable or explosive substance shall be stored on a property except under conditions approved by the Fire Department.

The distribution supply lines and service connections shall be installed underground, except lots which abut streets with existing overhead electric or telephone lines may be supplied from those overhead lines, but the service connections shall be installed underground. Should a road widening or an extension of service occur as a result of the development, any replacement, relocation or extension of existing overhead lines shall be underground.

Where soil conditions, rock formations, woods or other special conditions exist, the developer may apply to the approving authority for an exception from the terms of this section. If overhead lines are permitted, pole locations shall avoid horizons, there shall be selective tree cutting and a staggered alignment, and trees shall be planted in key locations to minimize the views of the poles and alignments, which poles shall follow rear lot lines and other interior locations and similar considerations to lessen the visual impact.

In the case of any subdivision of any existing multiple dwelling, there shall be individual sewage laterals, water services and utility services. There shall be no common sewage laterals, water lines or services or utility services or other utility appurtenances between any separate points and the point of connection to the utility collection or distribution system.

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.

Floor drains shall not be connected to the sanitary sewer system.

It is intended that service stations not be stripped along available highway frontage or at each quadrant of a convenient intersection and that they be located within shopping centers and in office and industrial complexes as an integral part of the overall design. Ingress and egress shall be designed to recognize the turning movements generated. These access points shall be 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. No service station shall have an entrance or exit for vehicles within 200 feet along the same side of a street as any school, playground, church, hospital, public building or institution, except where such property is on another street which the lot in question does not abut.

Permits required; design and maintenance. No sign shall be erected, displayed or altered unless a permit shall have first been obtained from the Building or Zoning Officer. All signs shall be legible and in good repair and shall be of professional quality. Logos and graphics shall be harmonious with the overall design.

Residential zone districts and the OB Zone.

B-1 and B-2 Districts.

I Industrial District. In the I Industrial District, only the following signs are permitted, provided that all of the following requirements are complied with:

General regulations.

All developments shall be served by paved streets. Streets not shown on the Master Plan or Official Map shall provide for the appropriate extension of existing streets, conform to the topography as far as practical, and allow for continued extension into adjoining undeveloped tracts.

Residential development bounded by any arterial or collector street shall control access to said streets by having all driveways intersect minor streets. Where circumstance(s) may dictate that a driveway enter an arterial or collector street, the lot shall provide on-site turnaround facilities, and abutting lots may be required to use one curb cut. All lots with reverse frontage shall have an additional 25 feet of lot depth to provide a buffer area, which shall be either planted with nursery-grown trees or, where topography permits, earthen berms may be created. Berms shall not be less than five feet in height, shall be stabilized by ground cover and be planted with evergreens and deciduous trees according to a landscaping plan.

Street rights-of-way shall be measured from lot line to lot line. The continuation of an existing street shall be continued at a width less than the existing street, although a greater width may be required in accordance with the following schedule:

No reserve strips shall be approved, except where the control and disposal of land comprising such strips has been given to the governing body.

Where a development adjoins or includes existing streets that do not conform to widths shown on the Master Plan or Official Map or the requirements of this chapter, additional land along both sides of said street sufficient to conform to the right-of-way requirements shall be either dedicated or anticipated in the development design by creating oversized lots in a subdivision, as well as increased building setbacks to accommodate the widening at some future date. The additional widening may be offered to the Borough and, if offered, shall be expressed on the plat as follows: "Street right-of-way easement granted to the Borough of Washington." If the subdivision is along one side only, 1/2 of the required extra width shall be anticipated.

Local streets shall be designed to discourage through traffic, and grades shall not exceed 10%. On arterial and collector streets, grades shall not exceed 4%. The minimum grade shall be 0.5%. Maximum grades on any street within 100 feet of an intersection shall be 4%.

No local streets shall be part of a four-way intersection. Intersecting street center lines shall be as nearly at right angles as possible, and in no case shall they be less than 60°. No more than two street center lines shall meet or intersect at any one point. Collector and/or arterial streets intersecting another street from opposite sides shall either be directly opposite each other without offset or shall have at least 250 feet offset distance between center lines. Any development abutting an existing street which is classified as an arterial or collector street shall adhere as closely as possible to having no more than one new street every 800 feet on the same side of the street. 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.

Curved streets shall have 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.

Changes in center-line grade where the algebraic difference (A) exceeds 1% shall be connected by a vertical curve having a length equal to 30A for local streets and 50A for collector or arterial streets.

Dead-end (cul-de-sac) streets.

No street shall have a name which duplicates or nearly duplicates in spelling or phonetic sound the name of existing streets so as to be confused therewith. The continuation of an existing street shall have the same name. The names of new streets shall be approved by the approving authority.

All streets, together with curbs, gutters, sidewalks, street signs and appurtenances thereto, shall be constructed in accordance with the standards adopted by the Borough.

Systems shall not be used for displaying any advertising except for reasonable identification of the manufacture or operator of the system. In no case shall any identification be visible from a property line.

Systems shall not significantly impair a scenic vista or scenic corridor as identified in the Borough's Master Plan or other published source.

The natural grade of the lot shall not be changed to increase the elevation of any wind turbine or solar array.

Wires, cables and transmission lines running between an energy system and any other structure shall be installed underground.

All ground-mounted electrical and control equipment shall be secured to prevent unauthorized access.

The design shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.

Installation shall conform to the National Electric Code as adopted by the New Jersey Department of Community Affairs.

Installation is subject to all local electric company requirements for interconnection.

The following requirements are applicable to small wind energy systems: