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West Amwell Township
City Zoning Code

PART 5

Design and Improvement Standards

§ 109-154 Purpose.

A. 
The purpose of good subdivision and site design is to create a functional and attractive development, to minimize adverse impacts, and to ensure a project will be an asset to a community.
B. 
This article presents design guidelines and standards which are differentiated as follows: Design guidelines provide a framework for sound planning; design standards set forth specific improvement requirements.
C. 
The purpose of the guidelines and standards is to ensure that the design of new development gives appropriate consideration to the scale and character of the existing neighborhood in which a development is to be located.

§ 109-155 Design guidelines.

In project design and in reviewing project applications, the following principles of subdivision and site design shall apply:
A. 
Data gathering and site analysis.
(1) 
Assess site characteristics, such as general site context; geology and soil; topography; climate; ecology; existing vegetation, structures, and road networks; visual features; and past and present use of the site.
B. 
Subdivision and site design.
(1) 
Base the design of the development on the site analysis. Locate development to the maximum extent practical to preserve the natural features of the site, to preserve areas of environmental sensitivity, and to minimize negative impacts and alteration of natural features.
(2) 
Design and arrange streets, lots, parking areas, buildings, and units to reduce unnecessary impervious cover, and to mitigate adverse effects of shadow, noise, odor, traffic, transportation, drainage, and utilities on neighboring properties.
(3) 
Consider all existing local and regional plans for the surrounding community.
(4) 
Design storm drainage facilities as an integral part of the development, and arrange the design to use as much of the natural drainage as possible.
(5) 
Design lots and sites to reduce cut and fill, and to avoid flooding and adversely affecting groundwater and aquifer recharge; and provide for sewage disposal and adequate access.
(6) 
Design all improvements to conform to the requirements of this chapter and the construction standards of the New Jersey Department of Transportation, and other standards as developed by the Township Engineer and on file with the Township Clerk.
C. 
Residential development design.
(1) 
Residential developments may be arranged in conventional, cluster, or a combination of designs. Consider topography, privacy, building height, orientation, drainage, and aesthetics in placement of units. Provide units with private outdoor space where appropriate and practical.
(2) 
Space buildings so that adequate privacy is provided for units.
D. 
Commercial and industrial development design. Design commercial and industrial developments according to the same principles governing design of residential developments; locate buildings based on topography; avoid to the maximum extent practical environmentally sensitive areas; consider factors such as drainage, noise, odor and surrounding land uses in siting buildings; buffer where adverse impacts exist.
E. 
Circulation system design.
(1) 
Design the street system to permit the safe, efficient, and orderly movement of traffic.
(2) 
In addition, design the street system to meet the following objectives: to meet but not exceed the needs of the present and future population served; to have a simple and logical pattern; to respect natural features and topography; and to present an attractive streetscape.
(3) 
Design streets in a hierarchical system.
(4) 
In planned developments, pedestrian walkways may be located away from the road system, but they may also be required parallel to the street for safety and other reasons.
(5) 
In conventional developments, locate pedestrian walkways parallel to the street, but permit exceptions to preserve topographical or natural features, or to provide visual interest.
(6) 
Where separate bicycle paths are required by the Master Plan, design those for commuters so that they are reasonably direct. Design recreational paths to follow scenic routes, with points of interest highlighted.
F. 
Landscape design.
(1) 
Provide landscaping in public areas, on recreation sites, and adjacent to buildings to screen parking areas, mitigate adverse impacts, and provide windbreaks for winter winds and summer cooling for buildings, streets, and parking.
(2) 
Select the plant or other landscaping material that will best serve the intended function, and use landscaping materials appropriate for local soil conditions, water availability, and environment.
(3) 
Vary the type and amount of landscaping with type of development, and accent site entrances with special landscaping treatment.
(4) 
Consider massing trees at critical points rather than in a straight line at predetermined intervals along streets.
(5) 
Consider the impact of any proposed landscaping plan at various time intervals. Shrubs may grow and eventually block sight distances. Foundation plants may block out building windows.

§ 109-156 General provisions.

A. 
The subdivision plat shall conform to design standards that will encourage good development patterns within the municipality and conform to the Master Plan and Official Map and the proposals and conditions shown thereon. The streets, drainage, rights-of-way, school sites, public parks and playgrounds shown on the officially adopted Master Plan or Official Map shall be considered in approval of subdivision plats.
B. 
To the extent consistent with the reasonable utilization of land, site design shall promote the conservation of energy through the use of planning practices designed to reduce energy consumption and to provide for maximum utilization of renewable energy sources.

§ 109-157 Streets.

A. 
The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets.
B. 
Subdivisions abutting state and/or county highways may be required to provide a marginal service road or reverse frontage with a buffer strip for planting or some other means of separation of through and local traffic as the Planning Board may determine appropriate.
C. 
The road system for residential subdivisions shall be designed to serve the needs of the neighborhood and to discourage use by through traffic.
D. 
All streets shall be designed in accordance with the proposals contained in the Master Plan of the Township of West Amwell. The design and location of local and subcollector streets and, where appropriate, collector streets shall be determined by the Planning Board in its review of the application and shall be related to the size and location of the tract being subdivided, and all streets designed so as to conform to the Schedule of Street Design Standards. The enumerated standards are to be construed as minimum standards and may be increased in special cases where, because of traffic volumes, steep grades or other such reasons, the Planning Board determines that such action is necessary.
E. 
No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the Township Committee under conditions approved by the Planning Board.
F. 
Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map or the street width requirements of this chapter shall dedicate additional width along either one or both sides of said road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.
G. 
Cul-de-sac streets shall be measured from the center line of the intersecting through street along the center line of the dead-end street to the radius point of the turnaround and not to exceed 1,000 feet in length except as noted in Article XXIX, Roads and Intersections. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties. Minimum curb radius for a permanent turnaround shall be 50 feet. Minimum curb radius for a temporary turnaround shall be 40 feet.
H. 
No street shall have a name which will duplicate, or so nearly duplicate as to be confused with, the names of existing streets. The continuation of an existing street shall have the same name. All street names shall be approved of by the Township Committee.
I. 
Street jogs with center-line offsets of less than 125 feet shall be prohibited.
J. 
Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at less than 80°.

§ 109-158 Blocks.

A. 
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Part 4, Zoning, and to provide for convenient access, circulation control and safety of street traffic.
B. 
In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the Planning Board. Such walkways shall be 10 feet wide and be straight from street to street.
C. 
For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.

§ 109-159 Lots.

A. 
Lot dimensions or area shall not be less than the requirements of Part 4, Zoning. Lot area shall be adjusted accordingly for residential subdivision.
[Amended by Ord. No. 95-07]
B. 
Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
C. 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line and all setbacks shall be measured from such lines.
D. 
In the case of irregularly shaped lots, the minimum frontage requirements as specified in the schedule shall be measured at the rear line of the required front yard setback, provided that in no case shall the distance between side lot lines be reduced to less than 60% of the minimum frontage requirement.
E. 
In the case of corner lots, or lots which run through from one street to another, yard areas facing each street shall be considered as front yards and shall conform to the minimum frontage and front yard requirements for the particular zone. Each corner lot shall have one rear yard and one side yard.
F. 
Flag lots shall be permitted at the discretion of the Planning Board. If permitted, the flag portion of the lot must contain a minimum of three acres of land and shall be adjusted accordingly for residential subdivisions based upon the critical environmental areas formula. The staff portion of the lot shall not exceed 1,000 feet in length and shall be a minimum of 50 feet in width throughout its length. All lots shall front upon a public street which has been improved in accordance with Township standards or for which improvements have been guaranteed by the posting of a performance guarantee. A maximum of two contiguous accessways shall be permitted.
G. 
Where a building lot has frontage upon a street which is contemplated for right-of-way widening in the Master Plan or Official Map of the Township of West Amwell or the Master Plan of Hunterdon County or by the New Jersey Department of Transportation, the required front yard setback shall be measured from such proposed future right-of-way line.
H. 
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as significant environmental constraints, the Planning Board may, after adequate investigation, withhold approval of such lots.
[Amended by Ord. No. 98-11]
I. 
All lots shall be entirely graded, subject to the approved final plan and the approval of the Township Engineer. Where deemed appropriate by the Township Engineer, individual lot site and grading plans may be required.
J. 
Only those trees shall be removed as shall be necessary to permit construction of streets, driveways, lawns and dwellings and other authorized structures.

§ 109-160 Driveways.

Driveways shall conform to the requirements in the Schedule of Street Design Standards unless otherwise approved by the Planning Board. Driveway aprons shall be improved with a paved surface for a minimum length of 15 feet from the proposed right-of-way. Driveways shall not be located where visibility is limited because of curves, topography and other features. All lots shall provide for driveway turnarounds. The Township Engineer or Township Road Supervisor shall determine whether any drainage structures are needed where the driveway meets the road. For driveways which do not meet the required standards for grade, the Planning Board may require additional paving or drainage structures as may be needed to prevent such excess runoff and erosion as may constitute a safety hazard.

§ 109-161 Service areas and public areas.

A. 
In large-scale development, easements along street rights-of-way or elsewhere for utility installation may be required. Such easements shall be at least six feet wide and located in consultation with the companies or municipal departments concerned.
B. 
Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such width or construction, or both, as will be adequate for the purpose as outlined in Article XXII, Stream Corridor Protection, of Part 4.
C. 
Natural features such as trees, streams, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.
D. 
Any land shown on the Master Plan as proposed for park, playground, school site or other public use shall be designated and reserved for such use subject to the determination of the Planning Board and pursuant to N.J.S.A. 40:55D-44, as amended.

§ 109-162 Easements.

Easements shall be of a width sufficient to allow proper maintenance and access, but no less than 25 feet shall be provided for the installation of all drains, pipelines, detention basins, emergency/maintenance accessways, etc. These easements shall be granted to the Township, in writing, subject to proper legal procedures and approval of the Township Attorney.

§ 109-163 General provisions.

Site plans shall follow the principals of design relating to subdivisions where applicable. In reviewing said site development plans, the Planning Board shall ascertain that the following requirements are complied with:
A. 
The provisions of the zoning regulations with respect to height, lot areas, open space, etc., are complied with.
B. 
Adequate provision is made for off-street parking in accordance with this chapter, and adequate traffic circulation, traffic safety and protection to adjoining property is provided.
C. 
Adequate provision is made for the disposal of stormwater as approved by the Township Engineer and meets the requirements of Article XXVIII, Stormwater Management, of this Part 5.
D. 
The location, design or construction of any building shall not be likely to involve risks of traffic congestion, public safety or hazard.
E. 
The design or construction of any building or use will be consistent with the character of the neighborhood so as to maintain the value of adjacent or nearby properties.
F. 
All unpaved areas shall be attractively landscaped, including but not limited to grass lawns, ground covers, shrubbery, and trees, unless allowed by the Planning Board to remain in their natural state.

§ 109-164 Off-street parking.

A. 
Number of spaces.
(1) 
An adequate number of off-street parking spaces shall be required in all developments.
(2) 
For residential developments, off-street parking shall be provided as set forth in Exhibit 1.
EXHIBIT 1
Off-Street Parking Requirements for Residential Land Uses
Housing Unit Type/Size
Off-Street Parking Requirements
Single-family detached
2-bedroom
2.0
3-bedroom
2.0
4-bedroom
2.5
5-bedroom
3.0
Two-family, each unit
2-bedroom
2.0
3-bedroom
2.0
4-bedroom
2.5
Garden apartment
1-bedroom
2.0
2-bedroom
2.0
3-bedroom
2.3
Townhouse
1-bedroom
2.0
2-bedroom
2.3
3-bedroom
2.5
Senior citizen unit
1.0
NOTES:
a.
When determination of the number of parking spaces required by this exhibit results in a requirement of a fractional space, any fraction of 1/2 or less may be disregarded, while a fraction in excess of 1/2 shall be counted as one parking space.
b.
Requirements for attached units include provision for guest parking.
(3) 
For nonresidential developments, the parking standards shown in Exhibit 2 shall be provided.
EXHIBIT 2
Off-Street Parking Requirements for Nonresidential Land Uses
Nonresidential Land Uses
Required Off-Street Parking Spaces Per Indicated Area
Agricultural support
1 per 1,000 square feet of retail services sales area
Assembly hall
1 per 4 seats or per 100 square feet of GFA, whichever is greater
Assembly operations
1 per 800 square feet GFA or 1 per employee on maximum shift plus 10%, whichever is greater
Bar
1 per 2 seats
Bowling alley
4 per alley
Car wash
10 per washing lane
Cemeteries
Accessory buildings
1 per 200 square feet
Chapels
1 per 3 seats
Church/Synagogue
1 per 3 seats, or per 8 feet of seating space if provided in benches
Congregate care center
1.25 spaces per dwelling unit
Day-care center, preschool
1 space per 5 children
Eleemosynary uses
1 per 50 square feet GFA
Farm stand
5 or 1 per 150 feet of GFA, whichever is greater
Farmers' market
1 per 125 square feet GFA
Fiduciary institutions
1 per 300 square feet GFA
Finishing operations
1 per 800 square feet GFA
Funeral homes
1 per 300 square feet GFA
Golf course
1 per 4 people of total design capacity including accessory uses
Group homes
1 per employee on maximum shift plus 1 per 2 residents
Guest house
1 per guest room plus 1 space per employee, plus 2 spaces for the owners
Home occupation
Minimum of 2, plus 2 per employee
Industrial
1 per 800 square feet GFA, or 1 per employee on maximum shift plus 10%, whichever is greater
Intermediate care center
1 per 3 beds
Library
1 per 300 square feet GFA
Manufacturing
1 per 800 square feet GFA
Medical center
1 per 250 square feet GFA
Motel; hotel
1.5 per rental unit, plus additional spaces required for other uses on the property, such as restaurants and meeting rooms
Municipal buildings
1 per daytime employee plus 1 per 2 meeting room seats
Neighborhood convenience center
Under 400,000 square feet GLA
4 per 1,000 square feet GLA
Nursing home
1 per 3 beds
Offices
Under 49,999 square feet GFA
4.5 per 1,000 square feet GFA
50,000 - 99,999 square feet GFA
4 per 1,000 square feet GFA
100,000+ square feet GFA
3.5 per 1,000 square feet GFA
Office, medical and dental
4 per doctor or dentist, plus 1 per 300 square feet of GFA
Public building
As deemed appropriate and adequate by the Board
Quasi-public building
1 per 400 square feet of GFA
Quasi-public and outdoor commercial recreation area
As deemed appropriate and adequate by the Board
Receiving
1 per 5,000 square feet GFA
Research lab
1 per 1,000 GFA, or 1 per employee on maximum shift, plus 10%, whichever is greater
Restaurant
1 per 2 seats
Quick-food establishments
1 per 30 square feet GFA
Retail and personal service
1 per 200 square feet GFA
Schools
Elementary and middle
2 per classroom; but not less than 1.5 per teacher
High school
2.5 per classroom, but not less than 1.5 per teacher
Service station
4 per bay and work area per employee for gas stations
Shipping
1 per 2,500 square feet GFA
Shopping center
4 per 1,000 square feet GLA
Storage areas
1 per 2,500 square feet GLA
Tavern
1 per 2 seats
Theater
1 per 3 seats
In shopping center
1 per 4 seats
Trades
1 per 500 square feet GFA plus 1 per company vehicle
Warehouse
1 per 2,500 square feet GFA
Wholesale establishments
1 per 200 square feet of sales floor or display area, plus 1 per employee during a normal workday
NOTES:
GFA = Gross floor area
GLA = Gross leasable area
(4) 
Required parking spaces shall not be encroached upon or reduced in number in any manner.
(5) 
Alternative off-street parking standards to those shown in Exhibit 2 shall be accepted if the applicant demonstrates that these standards better reflect local conditions. (For instance, factors affecting minimum number of parking spaces include household characteristics, availability of mass transit, urban versus suburban location, and available parking resources such as on-street parking.) In such case a landscaped area shall be preserved, that can readily be converted to off-street parking should the condition allowing fewer spaces ever change.
[Amended by Ord. No. 98-11]
(6) 
A one-car garage and driveway combination shall count as 1.75 off-street parking spaces, provided the driveway measures a minimum of 25 feet in length between the face of the garage door and the sidewalk or 30 feet to the curbline. A two-car garage and driveway combination shall count as 3.5 off-street parking spaces, provided the minimum width of the driveway is 20 feet and its minimum length is as specified above for a one-car garage.
(7) 
For developments determined by the Planning Board as mixed-use developments, a shared parking approach to the provision of off-street parking shall be permitted following the methodology described in the publication Shared Parking (Urban Land Institute and Barton Aschman Associates, Inc., Urban Land Institute, 1984).
(8) 
Where the total number of off-street parking spaces required may not be immediately required for a particular use, a staged development plan may be permitted which requires that only a portion of the parking area, but not less than 65% of the required spaces, be completed initially, subject to the following regulations:
(a) 
The site plan shall clearly indicate both that portion of the parking area to be initially paved and the total parking needed to provide the number of spaces required.
(b) 
The site plan shall provide for adequate drainage of both the partial and total parking areas.
(c) 
The portion of the parking area not to be paved initially shall be landscaped in accordance with this chapter.
(d) 
The applicant shall post separate performance guarantees, in addition to the performance guarantees required by this chapter, which shall reflect the cost of installing the additional parking facilities necessary to provide the total number of parking spaces required.
(e) 
In lieu of a permanent certificate of occupancy, a temporary certificate of occupancy shall be issued for a period of two years. Prior to the expiration of the two-year period, the applicant may either install the additional parking shown on the site plan and apply for issuance of a permanent certificate of occupancy or apply to the Planning Board after the use has been in operation a minimum of 18 months for a determination as to whether or not the initial parking area provided is adequate. If the Planning Board determines that the parking facility is adequate as originally constructed, the performance guarantees shall be released and a permanent certificate of occupancy issued. If, however, the Planning Board determines that the partial off-street parking area is not adequate, the applicant shall be required to install the additional parking facilities in accordance with the terms of the performance guarantees prior to issuance of a permanent certificate of occupancy.
(f) 
Any change of use on a site for which the Planning Board may have approved a partial paving of off-street parking areas to a use which requires more parking spaces than are provided on the site shall require submission of a new site plan.
B. 
Size of spaces. Each off-street space shall measure nine feet in width by 18 feet in length. A minimum of two feet of clear overhang must be provided along the end of each space. Parking spaces reserved for visitor use, in high turnover conditions or in connection with a retail use, must measure 10 feet in width.
C. 
Handicapped parking. Parking spaces for the physically handicapped must measure 12 feet in width and shall be provided at appropriate locations and in conformance with the following minimum standard:
Total Parking
Required Handicapped Spaces
Up to 50 spaces
1 space
51 to 200 spaces
2 spaces
Over 200 spaces
2 spaces plus 1% of the number of spaces over 200
D. 
Parking areas.
(1) 
Off-street parking areas shall be oriented to and within a reasonable walking distance of the buildings they are designed to serve: a maximum of 1,000 feet for employee parking; 500 to 800 feet for shoppers; 250 feet for nonelderly residents; 150 feet for elderly residents; and 300 feet for guests.
(2) 
Access to parking lots shall be designed so as not to obstruct free flow of traffic. There shall be adequate provision for ingress to and egress from all parking spaces to ensure ease of mobility, ample clearance, and safety of vehicles and pedestrians.
(3) 
The width of all aisles providing direct access to individual parking stalls shall be in accordance with the requirements specified below. Only one-way traffic shall be permitted in aisles serving single-row parking spaces placed at an angle other than 90°.
Parking Angle
(degrees)
Aisle Width
(feet)
30
12
45
13
60
18
90
24
(4) 
Parking spaces, driveways, aisles and pedestrian walkways shall be clearly marked and delineated on the finished pavement in traffic paint.
(5) 
All sidewalks shall be a minimum of four feet in width. Where sidewalks occur in parking areas, parked vehicles shall not overhang or extend over the sidewalk unless an additional two feet is provided in order to accommodate such overhang.
(6) 
No commercial vehicle registered for over 6,000 pounds gross weight shall be parked out of doors overnight in a residential zone.
(7) 
Parking areas in commercial or industrial zones may be located in the required yard space, but shall be a minimum of 20 feet from any property line, a minimum of 1/2 the building setback requirement from any street right-of-way, and a minimum of 50 feet from any residential zone boundary. Parking areas shall be a minimum of 10 feet from any building or structure.
(8) 
Parking areas shall be suitably landscaped to minimize noise, glare and other nuisance characteristics in accordance with the landscaping standards of Part 5. Parking areas shall be screened from the street and adjacent properties with berms, hedges or low walls, along with trees and shrubs, so as to minimize the visibility of parked cars. Large parking lots shall be broken down into sections according to type and size of development, separated from other sections by landscaped dividing strips, berms, and similar elements.
(9) 
All paved areas shall be bound by curbs. Where a paved area is adjacent to a vegetated or other pervious surface area, Belgian block curbing shall be utilized.

§ 109-165 Off-street loading.

In all districts, for every building or use requiring the receipt or distribution in vehicles of materials or merchandise, there shall be maintained on the same premises with such building or use at least one off-street loading space, minimum 14 feet by 60 feet. Such space shall be located in the side or rear yard only, but in no case in a side yard adjoining a street. Smaller loading space size may be permitted by the Planning Board if the applicant can demonstrate the type and frequency of vehicles servicing this facility.

§ 109-166 Solid waste and recyclables disposal.

A. 
General. Each site plan, other than a plan for conventional residential or a residential option development, shall provide for the removal of all solid wastes and shall further provide for temporary on-site storage of all solid waste materials.
B. 
Recyclables. For any development proposal of 50 or more single-family detached dwelling units, or 25 or more two-family, or any number of multifamily dwelling units, and for any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land, the location and number of recycling containers, and the collection and disposition of recyclables must be provided for and approved of by the board with jurisdiction. These containers shall meet the requirements of Subsections C and D below.
C. 
Access. Adequate access shall be provided to all solid waste and recycling storage facilities. Such access shall accommodate the type of vehicle normally used for the collection of wastes. The area for recycling shall be large enough to accommodate four to five different recyclables.
D. 
Enclosure. Outdoor solid waste and recycling storage facilities shall be surrounded by board-on-board fencing and shall be visually screened from the rest of the development and from all property lines.

§ 109-167 Lighting.

A. 
Parking area and driveways required for nonresidential uses shall be adequately illuminated during the hours of operation which occur after sunset. Any adjacent residential zone or use shall be shielded from the glare of illumination from site lighting and automobile headlights.
B. 
All lights shall be concealed source lighting and shall be focused downward so that the direct source of light is not visible from adjoining streets or properties.
C. 
No light source (including sign lights) shall exceed a height of 15 feet.
D. 
The light intensity at ground level shall average 0.5 footcandle.
E. 
The light intensity shall not exceed 0.3 footcandle along any property line and shall be so arranged and shielded to reflect the light away from adjoining streets or properties.
F. 
Provisions shall be made for reduction in the intensity of illumination to the minimum need for security purposes when the facility is not in operation.
G. 
The style of any light or light standard shall be consistent with the architectural style of the principal building.
H. 
Freestanding lights shall be protected to avoid being damaged by vehicles.

§ 109-172 Purpose.

This article establishes appropriate standards for the improvement of local roads and the design of streets serving residential and nonresidential projects. The purpose is to:
A. 
Promote the safety and convenience of vehicular traffic.
B. 
Protect the safety of neighborhood residents.
C. 
Minimize costs for maintenance and repair of infrastructure.
D. 
Protect residential neighborhood quality by limiting traffic.
E. 
Maintain the rural character of the local roads while providing for safety improvements.

§ 109-173 Functional street classification.

[Amended by Ord. No. 98-11]
The following streets are classified as indicated:
Street Name
Township Classification
ROW/Cartway
Route 202
Arterial
See Note 1
Route 29
Arterial
See Note 1
Route 31
Arterial
See Note 1
Route 179
Arterial
See Note 1
Route 518
Arterial
See Note 2
Route 579
Arterial
See Note 2
Route 601
Collector
See Note 2
Route 603
Local road
See Note 2
Proposed Mt. Airy Bypass East
(Route 601/Route 605 Link)
Collector
See Note 2
Route 605
Collector
See Note 2
Proposed Route 518/Route 179 Link
Collector
See Note 3
Proposed Mt. Airy Bypass West
Collector
See Note 3
Gulick Road
Collector
See Note 3
Rocktown-Lambertville Road
Collector
See Note 3
Linvale/Marshall's Corner Road
Collector
See Note 3
Other Township streets
Local road
See Note 3
NOTES:
1
NJDOT Jurisdiction
2
Hunterdon County Jurisdiction
3
Township Standard

§ 109-174 Street arrangement.

A. 
The arrangement of streets shall conform to the circulation plan of the Master Plan or Official Map for the community.
B. 
For streets not shown on the Master Plan or Official Map, the arrangement shall provide for the appropriate extension of existing streets.
C. 
Streets shall be arranged so as to discourage through traffic and provide for maximum privacy.

§ 109-175 Street hierarchy.

A. 
Street classification.
(1) 
In the design of residential and nonresidential projects, the following street hierarchy shall apply:
Classification
Order
Arterial
4
Collector
3
Residential subcollector or existing local road
2
Residential access or existing local road
1
(2) 
Street classifications shall be determined by consulting the functional street classification and applying the ADT requirements given in this article. Refer to Exhibit 3 for typical street cross sections.[1]
[1]
Editor's Note: Exhibit 3 is included at the end of this chapter.
B. 
All street terminations shall occur at intersections with streets of equal or higher order.
C. 
Whenever feasible, new street systems shall be designed to discourage increases of through traffic along existing local roads. In addition to frontage improvements, the Planning Board may require a contribution to or construction of safety improvements identified by the Township Engineer and impacted by the proposed development.
D. 
Future road connections to adjoining properties may be required by the Planning Board. Such connections shall be evaluated by the Planning Board as to the appropriate road classification and alignment so a coherent street plan develops within the Township.
E. 
Collector roads shall be through streets with the following exceptions:
(1) 
The collector road must be part of a future Master Plan road system and will serve no more than 50 residential units and provide at least one connection to a street of equal or higher order.
(2) 
If only one connection is feasible to a street of equal or higher order and more than 50 residential units are served or the street occurs as part of a planned residential development, then a boulevard design will be required, having a center median.
F. 
Maximum cul-de-sac length shall be 1,000 feet. Boulevard segments shall not be counted when computing overall cul-de-sac length.
[Amended by Ord. No. 98-11]

§ 109-176 Residential access streets.

[Amended by Ord. No. 98-11]
A. 
Residential access streets are the lowest order of residential streets, intended to carry the least traffic at low speeds. Preferred frontage and access to residential units. Loop streets and cul-de-sac arrangements are encouraged. Maximum ADT shall be 250 for cul-de-sac streets and 500 for loop streets. On-street parking permitted.
B. 
Design criteria.
(1) 
Center-line grade:
(a) 
Minimum: 1%.
(b) 
Maximum: 10%.
(2) 
Design speed: 25 miles per hour.
(3) 
Right-of-way: 50 feet.
(4) 
Cartways: 26 feet in the R-2 and R-3 Zones; 30 feet in all other zones.
(5) 
Horizontal curve radius: 200 feet minimum.
(6) 
Tangent length: 50 feet minimum.
(7) 
Vertical curve length: K=25, where K is the minimum length of the vertical curve required for each one-percent change in vertical grade.
(8) 
For streets with stop control, the maximum grade at an intersection shall not exceed 4% within 25 feet of the projected gutterline of the intersecting street.

§ 109-177 Residential subcollectors.

[Amended by Ord. No. 98-11]
A. 
Residential subcollectors are intended to connect the residential access streets with collector and arterial streets. Residential frontage and driveway access is acceptable. Interneighborhood traffic should be feasible without entering collector or arterial streets. The maximum ADT shall not exceed 500 for road systems with only one outlet. Subcollectors with terminations to streets of equal or higher order at both ends shall not have an ADT greater than 1,000.
B. 
Design criteria.
(1) 
Center-line grade:
(a) 
Minimum: 1%.
(b) 
Maximum: 10%.
(2) 
Design speed: 30 miles per hour.
(3) 
Right-of-way: 50 feet.
(4) 
Cartway: 30 feet.
(5) 
Horizontal curve radius: 350 feet.
(6) 
Tangent length: 100 feet minimum.
(7) 
Vertical curve length: K=30, where K is the minimum length of the vertical curve required for each one-percent change in vertical grade.
(8) 
For streets with stop control, the maximum grade at an intersection shall not exceed 4% within 50 feet of the projected gutterline of the intersecting street.

§ 109-178 Collector streets.

A. 
This street conducts and distributes traffic between lower-order streets and the arterial streets. The function is larger volume than subcollectors at higher speeds. Residential driveways shall be minimized in favor of access to lower-order streets. Shared driveway entrances between adjoining lots shall be required.
B. 
Design criteria.
(1) 
Center-line grade:
(a) 
Minimum: 1%.
(b) 
Maximum: 8%.
(2) 
Design speed: 35 to 40 miles per hour.
(3) 
Right-of-way: 60 feet (except boulevard).
(4) 
Cartway: 36 feet (except boulevard).
(5) 
Horizontal curve radius: 600 feet minimum.
(6) 
Tangent length: 200 feet minimum.
(7) 
Vertical curve length: K=50, where K is the minimum length of the vertical curve required for each one-percent change in vertical grade.
(8) 
Parking shall be sufficient to provide three spaces per residence. At least two spaces shall be provided off-street, not including garage.
[Amended by Ord. No. 98-11]
(9) 
For streets with stop control, the maximum grade shall not exceed 3% within 75 feet of the projected gutterline of the intersecting street.
(10) 
When unusual on-street parking or intersection requirements are expected, right-of-way and cartway width may be increased by the Planning Board upon recommendation of the Township Engineer.
C. 
Boulevard criteria. Same criteria applies except for the following:
[Amended by Ord. No. 98-11]
(1) 
Right-of-way: 70 feet minimum.
(2) 
Cartway: two eighteen-foot-wide travel lanes with ten-foot-wide median. Provide left-hand turn slots at intersections.
(3) 
No parking permitted on boulevards.
(4) 
Boulevard segments shall not be counted toward total cul-de-sac length.

§ 109-179 Local roads.

A. 
Local roads are designated existing Township streets serving rural and low-density areas. The rural character of the street shall be preserved, but safety improvements shall be emphasized in addition to frontage improvements. Where feasible, improvements shall not be intended to encourage greater volumes of through traffic. New street systems shall be designed to respect this concept.
B. 
Design criteria.
(1) 
The residential subcollector design criteria applies to the local roads.
(2) 
The Board may require, based on the recommendation of the Township Engineer, an interim improvement standard having a full pavement width of 22 feet with shoulders.
(3) 
Sufficient off-street parking equal to three spaces per residence, not including garage space, shall be provided.

§ 109-180 Street intersections.

A. 
Street intersections shall generally be at right angles, although an angle of intersection of no less than 80° is permitted under restrictive conditions. Intersections shall be offset a minimum of 150 feet.
B. 
Curb return radii shall be 25 feet for residential access streets and 35 feet for all other municipal streets.
C. 
Design of intersections with state or county roads shall be governed by the appropriate agency having jurisdiction.
D. 
Sight distances.
(1) 
Intersection sight distances shall conform to the following minimum standards:
Design Speed
(miles per hour)
Minimum Corner Intersection Sight Distance
(feet)
50
500
40
400
35
300
30
300
25
250
(2) 
The sight distances shall be measured from an observer 3.5 feet above the pavement and 15 feet behind the projected curbline or projected travelway to an object 4.25 feet high located at the center line of the approaching travel lane. A sight triangle easement shall be provided preserving the sight lines required, except a minimum sight triangle shall be 30 feet by 100 feet, with the thirty-foot dimension being provided along the street subject to stop control. Within the sight triangle easement there shall be no obstruction over 30 inches in height and below 10 feet.
E. 
The maximum center-line grade of a through street at intersections shall be 6%.

§ 109-181 Utilities.

A. 
Except at crossings required for system distribution and individual services, public utilities shall be routed through the street border areas along and parallel to the travelway. Storm drainage and sanitary sewer conduit shall be located such that the installations do not interfere with the border areas reserved for public utilities.
B. 
The subdivider shall arrange with the serving utility for the underground installation of the utilities distribution supply lines and service connection in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners and shall submit to the Planning Board prior to the granting of final approval a written instrument from each serving utility which shall evidence full compliance with the provisions of this section; provided, however, that lots in such subdivisions which abut existing streets where overhead electric or telephone distribution supply lines have heretofore been installed on any portion of the streets involved may be supplied with electric and telephone service from such overhead lines or extensions thereof but the service connections from the utilities overhead lines shall be installed underground.
C. 
Said utilities may be required to be located along the real property lines with easements as provided in this chapter. All utility installations shall be connected with a public utility system and shall be adequate for all present and probable future development of the subdivision.

§ 109-182 Traffic signing and pavement markings.

Traffic signing and pavement markings shall be provided in accordance with good practice following the Manual on Uniform Traffic Devices, latest edition.

§ 109-183 Sidewalks.

A. 
Improved walkways may be required at the option of the Planning Board with input from the school boards. If such walkways are required, the Planning Board will have the option of determining the material to be utilized for construction of the same. Such materials will be as follows: cement (concrete), gravel (suitable for use by handicapped persons), macadam/asphalt.
B. 
In each case where a walkway is installed, appropriate landscaping should be utilized so as to enhance the aesthetics.

§ 109-184 Driveways.

A. 
Residential driveways.
(1) 
Subdivision proposals shall provide locations of all driveway entrances required. Entrance designs shall conform to Exhibit 5.[1]
[1]
Editor's Note: Exhibit 5 is included at the end of this chapter.
(2) 
Maximum driveway grades shall not exceed 6% within 25 feet of the right-of-way line and 15% elsewhere. Where grades exceed 10% within 100 feet of the right-of-way line, this length of driveway beginning at the right-of-way line shall be surfaced with bituminous concrete.
(3) 
Design information.
[Amended by Ord. No. 98-11]
(a) 
Prior to issuance of a building permit, complete driveway designs, including vertical and horizontal alignments, and drainage improvements are required when one or more of the following occur:
[1] 
Total driveway length exceeds 500 feet.
[2] 
Streams, drainageways, or wetlands are known to occur in the vicinity and may be impacted by the proposed improvements.
[3] 
Steep slopes of 15% or more must be negotiated.
(b) 
The Planning Board may require sufficient design information at the time of its review to be assured that access to particular lots is feasible.
(4) 
The clear distance between driveways shall be no less than 25 feet from another driveway when measured along the right-of-way line.
(5) 
One driveway per residential lot is permitted.
(6) 
On-lot turnaround is required.
B. 
Commercial and industrial driveways.
(1) 
The site plans shall provide locations and detail designs of entrance driveways. Entrance designs shall conform to Exhibit 5.[2]
[2]
Editor's Note: Exhibit 5 is included at the end of this chapter.
(2) 
Driveways shall be hard surfaced.
(3) 
A maximum of two driveway entrances are permitted for lots having frontage greater than 150 feet. Otherwise, one entrance is permitted.
(4) 
The clear distance between driveways shall be 50 feet or more, measured at the right-of-way line.
(5) 
Driveways shall not be located directly opposite a residence unless no other option is available.
(6) 
On-lot turnaround is required.
C. 
Sight distance. Adequate sight distance shall be provided for all driveways in accordance with this chapter.
D. 
Location.
(1) 
No driveway shall be located within 50 feet of the curb or pavement return of a street intersection.
(2) 
Driveway access shall favor lower order-streets.
(3) 
Unless further restricted by other provisions of this chapter, no driveway shall be less than five feet from a property line.
(4) 
No curb cut or driveway installation may extend past a line projected from the adjoining property line at a right angle to the street center line.
E. 
Construction. Construction shall conform to Exhibit 5.[3]
[3]
Editor's Note: Exhibit 5 is included at the end of this chapter.
F. 
Driveway improvement application. Where a proposed driveway improvement is not part of a subdivision or site plan subject to review by the Planning Board, the applicant shall submit an application, accompanied by a fee set by the Township, to the Township Road Supervisor for review and approval. The application shall contain plans and other documentation necessary to fully represent the improvements proposed. The Road Supervisor will review the application and supporting documentation in conjunction with the standards set forth in this chapter. If the conditions given in this chapter occur or for reason of sight distance or other concerns, the Road Supervisor may refer the application to the Township Engineer for review. Submission of additional supporting documentation may be required demonstrating compliance with the chapter or under certain circumstances the applicant will be required to furnish a design prepared by a registered professional engineer.

§ 109-185 Purpose.

[Amended by Ord. No. 95-07]
Residential cluster developments shall be required to provide open space. Developed open space is designed to provide active recreational facilities to serve the residents of the development. Undeveloped open space is designed to preserve the following important site amenities and environmentally sensitive areas to the extent consistent with the reasonable utilization of the land:
A. 
Unique and/or fragile areas, including freshwater wetlands delineated on wetlands maps prepared by the USFWS and field-verified by an on-site inspection;
B. 
Significant trees, defined as the largest known individual trees of each species in New Jersey as listed by the NJDEP Bureau of Forestry; large trees approaching the diameter of the known largest tree; and/or species that are rare to the area or of particular horticultural or landscape value;
C. 
Lands in the floodplain, as defined by NJDEP in its Stream Encroachment Manual;
D. 
Steep slopes in excess of 25% as measured over a ten-foot interval, unless appropriate engineering measures concerning slope stability, erosion, and resident safety are taken;
E. 
Habitats of endangered wildlife, as identified on federal or state lists;
F. 
Historic structures and sites, as listed on the National or State Register of Historic Places, or the Hunterdon County listing of historic places;
G. 
Stream corridors, as defined in the supplemental development regulations section of this chapter.

§ 109-186 Minimum requirements.

[Amended by Ord. No. 95-07; Ord. No. 98-11]
A. 
Amount of open space required. A certain percentage of the tract proposed for development shall be set aside for developed and undeveloped open space in residential cluster developments. Forty percent of the tract shall be devoted to common open space. Of this open space, passive and active recreational areas shall be developed for the benefit of the residents of the development. At least two acres per 100 dwelling units in the development shall be devoted to active recreational facilities such as, but not limited to, swimming pools, tennis courts, tot lots, playgrounds, softball fields, basketball courts, and pathways.
B. 
Size of open space parcels. The area of each parcel of open space designed for active recreational purposes shall be of such minimum dimensions as to be functionally usable.
C. 
Location of open space parcels.
(1) 
Open space parcels should be convenient to the dwelling units they are intended to serve. However, because of noise generation, they should be sited with sensitivity to surrounding development.
(2) 
The location and intended use of common open space and public sites shall take into account factors, including but not limited to environmentally critical areas such as floodplains, steep slopes and wet soils; recreational needs; suitable sites for active recreation; scenic features; and historic sites.
D. 
Recreational facilities.
(1) 
Pathways. Pathways shall connect open spaces and recreational facilities to residential areas. Vehicular conflicts shall be discouraged. Pathways shall be six feet wide. Benches and sitting areas shall be located along the pathway at appropriate locations.
(2) 
Tot lots. Tot lots shall be a minimum of 4,000 square feet in area and recreational equipment shall be provided for children six years of age and younger. Tot lots shall be a minimum of 75 feet from any residential dwelling. Benches shall be provided for adults. A minimum of one tot lot per 200 units shall be provided.
(3) 
Tennis courts. A minimum of one tennis court per 200 units shall be provided. Two parking spaces per court and bicycle parking facilities shall be provided.
(4) 
Swimming pools. A minimum of one swimming pool per 350 units shall be required. Eight parking spaces per pool and bicycle parking facilities shall be provided.
(5) 
Basketball courts. A minimum of one basketball court per 350 units shall be required. Six parking spaces per court and bicycle parking facilities shall be provided.

§ 109-187 Improvement of open space parcels.

A. 
Developed open space. The Planning Board or other approving authority may require the installation of recreational facilities, taking into consideration:
(1) 
The character of the open space land;
(2) 
The estimated age and the recreation needs of persons likely to reside in the development;
(3) 
Proximity of municipal recreation facilities; and
(4) 
The cost of the recreational facilities.
B. 
Undeveloped open space. As a general principle, undeveloped open space should be left in its natural state. A developer may make certain improvements such as the cutting of trails for walking or jogging or the provision of picnic areas, etc. In addition, the Planning Board may require a developer to make other improvements such as removal of dead or diseased trees; thinning of trees or other vegetation to encourage more desirable growth; and grading and seeding.

§ 109-188 Exceptions to standards.

The Planning Board may permit minor deviations from open space standards when it can be determined that:
A. 
The objectives underlying these standards can be met without strict adherence to them; and
B. 
Because of peculiarities in the tract of land or the facilities proposed, it would be unreasonable to require strict adherence to these standards.

§ 109-189 Deed restrictions.

Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Municipal Attorney that ensure that:
A. 
The open space area will not be further subdivided in the future.
B. 
The use of the open space will continue in perpetuity for the purpose specified.
C. 
Appropriate provisions are made for the maintenance of the open space.
D. 
Common undeveloped open space shall not be turned into a commercial enterprise admitting the general public at a fee.

§ 109-190 Open space ownership.

The type of ownership of land dedicated for open space purposes shall be selected by the owner, developer, or subdivider, subject to the approval of the Planning Board. Type of ownership may include, but is not necessarily limited to, the following:
A. 
The municipality, subject to acceptance by the governing body of the municipality.
B. 
Other public jurisdictions or agencies, subject to their acceptance.
C. 
Quasi-public organizations, subject to their acceptance.
D. 
Homeowner, condominium, or cooperative associations or organizations.
E. 
Shared, undivided interest by all property owners in the subdivision.

§ 109-191 Homeowners' association.

If the open space is owned and maintained by a homeowner or condominium association, the developer shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for the preliminary approval. The provisions shall include, but are not necessarily limited to, the following:
A. 
The homeowners' association must be established before the homes are sold.
B. 
Membership must be mandatory for each homebuyer and any successive buyer.
C. 
The open space restrictions must be permanent, not just for a period of years.
D. 
The association must be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities.
E. 
Homeowners must pay their pro-rata share of the cost; the assessment levied by the association can become a lien on the property if allowed in the master deed establishing the homeowners' association.
F. 
The association must be able to adjust the assessment to meet changed needs.

§ 109-192 Maintenance of open space areas.

A. 
In the event that a nonmunicipal organization with the responsibility for the open space fails to maintain it in reasonable order and condition, the West Amwell Township Committee 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 open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be remedied 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.
B. 
At such hearing, the West Amwell Township Committee 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 remedied. If the deficiencies set forth in the original notice or in the modification thereof shall not be remedied within said 35 days or any permitted extension thereof, the municipality, in order to preserve the open space and maintain the same, may enter and maintain such land for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration date of said year, the West Amwell Township Committee shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the West Amwell Township Committee, at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the municipality, continue for a succeeding year. If the West Amwell Township Committee shall determine that such organization is ready and able to maintain said open space in reasonable condition, the municipality shall cease to maintain said open space at the end of said year. If the West Amwell Township Committee shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the municipal body or officer in any such case shall constitute a final administrative decision subject to judicial review.
C. 
The cost of such maintenance by the municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space 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 shall be enforced and collected with interest by the same officers and in the same manner as other taxes.

§ 109-193 Purpose.

A. 
Landscaping shall be provided as part of site plan and subdivision design. It shall be conceived in a total pattern throughout the site, integrating the various elements of site design, preserving and enhancing the particular identity of the site and creating a pleasing site character.
B. 
Landscaping may include plant materials such as trees, shrubs, ground cover, perennials, and annuals and other materials such as rocks, water, sculpture, art, walls, fences, and paving materials.

§ 109-194 Landscape plan.

The landscape plan shall identify existing and proposed trees, shrubs, ground cover, natural features such as rock outcroppings, and other landscaping elements. The plan should show where they are or will be located and planting and/or construction details. When existing natural growth is proposed to remain, the applicant shall include in the plans proposed methods to protect existing trees and growth during and after construction.

§ 109-195 Site protection and general planting requirements.

A. 
Topsoil preservation. Topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide at least four inches of even cover to all disturbed areas of the development and shall be stabilized by seeding or planting. A soil erosion and sediment control plan for the subdivision site shall be approved as part of the preliminary plat, in accordance with the provisions of Chapter 137, Soil Erosion and Sedimentation Control, of the Code of the Township of West Amwell.
B. 
Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials, or other debris shall be removed from the site and disposed of in accordance with the law. No tree stumps, portions of tree trunks or limbs shall be buried anywhere in the development. Without permits from the appropriate agencies, all dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips, they may, subject to approval of the Municipal Engineer, be used as mulch in landscaped areas. A developer shall be exempt from these provisions, however, and shall be permitted to dispose of site-generated new construction wastes on-site as long as the conditions set forth in N.J.A.C. 7:26-1.7 are met.[1]
[1]
Note: Municipalities should refer to N.J.A.C. 7:26-1.7 for conditions.
C. 
Protection of existing plantings. Maximum effort should be made to save fine specimens (because of size or relative rarity). No material or temporary soil deposits shall be placed within four feet of shrubs or the drip line of trees designated to be retained on the preliminary and/or final plat. Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site. Barriers shall not be supported by the plants they are protecting, but shall be self-supporting. They shall be a minimum of four feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.
D. 
Slope plantings. Landscaping of the area of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with ground covers appropriate for the purpose and soil conditions, water availability, and environment.
E. 
Additional landscaping. In residential developments, besides the screening and street trees required, additional plantings or landscaping elements shall be required throughout the subdivision where necessary for climate control, privacy, or for aesthetic reasons in accordance with a planting plan approved by the Planning Board and taking into consideration cost constraints. In nonresidential developments, all areas of the site not occupied by buildings and required improvements shall be landscaped by the planting of grass or other ground cover, shrubs, and trees as part of a site plan approved by the Planning Board.
F. 
Planting specifications. Deciduous trees shall have at least a two-and-one-half-inch caliper measured six inches from the butt, at planting per ANSI standards. Size of evergreens and shrubs shall be allowed to vary depending on setting and type of shrub. Only nursery-grown plant materials shall be acceptable; and all trees, shrubs, and ground covers shall be planted according to accepted horticultural standards. Dead or dying plants shall be replaced by the developer for one year.
G. 
Plant species. The plant species selected should be hardy for the particular climatic zone in which the development is located and appropriate in terms of function and size.

§ 109-196 Street trees.

A. 
Location.
(1) 
Street trees shall be installed five feet from the right-of-way on both sides of all streets in accordance with the approved landscape plan. Trees shall either be massed at critical points or spaced evenly along the street, or both. When trees are planted at predetermined intervals along streets, spacing shall depend on tree size, as follows:
Tree Size
(feet)
Planting Interval
(feet)
Large trees (40+)
40 to 50
Medium-sized trees (30 - 40)
30 to 40
Small trees (to 30)
20 to 30
(2) 
The trees shall be planted so as not to interfere with utilities, roadways, sidewalks, sight easements, or street lights. Tree location, landscaping design, and spacing plan shall be approved by the Planning Board as part of the landscape plan.
B. 
Tree type. Tree type may vary depending on overall effect desired, but as a general rule, all trees shall be the same general tree size on a street except to achieve special effects. Selection of tree type shall be approved by the Planning Board.
C. 
Planting specifications. All trees shall have a caliper of 2 1/2 inches measured six inches from the butt and they shall be Grade A nursery grown, of substantially uniform size and shape, and have straight trunks. Trees shall be properly planted and staked and provision made by the applicant for regular watering and maintenance until they are established. Dead or dying trees shall be replaced by the applicant for one year. No tree shall be planted less than 25 feet from an existing or proposed streetlight or street intersection.

§ 109-197 Buffer landscaping.

A. 
Function and materials. Buffering shall provide a year-round visual screen in order to minimize adverse impacts from a site on an adjacent property or from adjacent areas. It may consist of fencing, evergreens, berms, boulders, mounds, or combinations thereof to achieve the stated objectives.
B. 
When required.
(1) 
Buffering shall be required when topographical or other barriers do not provide reasonable screening and when the Planning Board determines that there is a need to shield the site from adjacent properties and to minimize adverse impacts such as incompatible land uses, noise, glaring light, and traffic. In small-lot developments, when building design and siting do not provide privacy, the Planning Board may require landscaping, fences, or walls to ensure privacy and screen dwelling units.
(2) 
Where required, buffers shall be measured from property lines, excluding access driveways.
(a) 
Where more-intensive land uses abut less-intensive uses, a buffer strip of 25 feet shall be required. Buffer strips shall be required along the property lines of commercial and industrial uses which adjoin residential zone boundaries.
(b) 
Parking areas, solid waste and recycling collection and utility areas, and loading and unloading areas should be screened around their perimeter by a buffer strip a minimum of five feet wide.
(c) 
A landscaped buffer area shall be provided along the rear property line of reverse frontage lots. The buffer strip shall be a minimum of 25 feet where necessary for the health and safety of the residents, and include both trees and shrubs.
(3) 
Within any cluster development, including mini cluster developments, the new dwellings shall be provided with a twenty-five-foot-wide buffer, separating the residential lots from any portion of the remaining lands, including open space, recreation areas and agricultural activities. The buffer may consist of existing vegetation generally in its natural condition, or the establishment of a planted buffer, the design of which shall be approved by the municipal approving authority. Such buffers, where deemed appropriate, may include fencing combined with vegetation.
[Added 9-2-2004 by Ord. No. 15-2004]
C. 
Design. Arrangement of plantings in buffers shall provide maximum protection to adjacent properties and avoid damage to existing plant material. Possible arrangements include planting in parallel, serpentine, or broken rows. If planted berms are used, the minimum top width shall be four feet, and the maximum side slope shall be 2:1.
D. 
Planting specifications. Plant materials shall be sufficiently large and planted in such a fashion that a screen at least eight feet in height shall be produced within three growing seasons. All plantings shall be installed according to accepted horticultural standards. Such strips shall be planted with evergreens and deciduous trees as follows, subject to the approval or modification of the Planning Board:
(1) 
Evergreens spaced five feet in from outside line and 10 feet apart in a row; two parallel rows of staggered planting recommended.
(2) 
Every 40 feet, a deciduous tree should be planted in the center of the strip.
(3) 
More than one type of evergreen species shall be planted.
(4) 
More than one deciduous species may be used. All deciduous trees should be of one-and-one-half-inch caliper and B.B. stock (balled and burlapped).
(5) 
Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season; dead or dying plants shall be replaced by the applicant within the period of one year after planting. No buildings, structures, storage of materials, or parking shall be permitted within the buffer area; buffer areas shall be maintained and kept free of all debris and rubbish.

§ 109-198 Parking lot landscaping.

A. 
Amount required.
(1) 
In parking lots, at least 5% of the interior parking area shall be landscaped with plantings, and two trees for each 10 spaces shall be installed. Parking lot street frontage screening and perimeter screening shall be a minimum of five feet wide. Planting required within the parking lot is exclusive of other planting requirements, such as for street trees.
(2) 
Parking areas or lots of over 60 spaces shall, where possible, be subdivided into modular parking bays or lots of not greater than 60 spaces each. A single row or line of spaces shall not be more than 20 spaces in length. Parking bays should be separated from access or circulation drives by five-foot-wide landscape buffer areas and strips. Integrating pedestrian circulation into ten-foot-wide strips should be considered.
(3) 
Any parking area in a front yard or within clear view from the public right-of-way or adjacent to a residential zone shall be screened from view by a landscaped buffer area, including berms, hedges, shrubbery or low walls of approximately four feet in height in order to screen out the view of the parked cars.
(4) 
Parking areas shall be screened from interior drives using evergreen, deciduous, and flowering trees and shrubs to create a continuous landscape strip of 10 feet minimum width. Consider integration of pedestrian walkways within these strips.
(5) 
Parking structures shall receive landscape treatment which softens the bulk and scale of the structures and screens the ground-level cars from public right-of-way and buildings. Deck-level planting shall be treated similarly to a parking lot on grade.
B. 
Location. The landscaping should be located in protected areas, such as along walkways, in center islands, and at the end of bays. All landscaping in parking areas and on the street frontage shall be placed so that it will not obstruct sight distance.
C. 
Plant type. A mixture of hardy flowering and/or decorative evergreen and deciduous trees may be planted; the area between trees shall be planted with shrubs or ground cover or covered with mulch.

§ 109-199 Stormwater management areas.

Stormwater management areas include detention basins, drainage ditches and swales, and wetlands areas. Sensitively designed basins and swales can benefit the health, welfare, and safety of residents. This may involve integration of these areas as aesthetic landscape features, naturalized wetland areas, or active and passive recreation areas, in addition to their stormwater management function.
A. 
Stormwater detention basins. One of the following landscape concepts, or an alternative concept complying with the standards set forth above, shall be used:
(1) 
Reforestation.
(a) 
This landscape treatment is appropriate for detention basins and drainage areas that are not highly visible or are adjacent to areas of mature woodlands or wetlands. It reverts the disturbed area to a revegetated, stable, low-maintenance, natural landscape asset over time.
(b) 
The area shall be graded creatively to blend into the surrounding landscape and imitate a natural depression with an irregular edge. This shall include gentle berming. Linear, geometric basins are unacceptable.
(c) 
The quantity of trees to be planted on the interior of the basins shall be equal to the number of trees that would be necessary to cover the entire area, based upon a twenty-foot-by-twenty-foot grid to the high water line or outflow elevation. Of this number, 10% shall be two-and-one-half-inch to three-inch caliper, 20% shall be one-inch to two-inch caliper, and 70% shall be six-foot- to eight-foot-high whips.
(d) 
The trees shall be planted in groves and spaced five feet to 15 feet on center.
(e) 
No trees shall be planted within the two-year storm frequency elevation.
(f) 
The ground plane shall be seeded with a naturalization, wildflower, and/or meadow grass mix. The species indigenous to the area and/or tolerant of typical wet/dry floodplain conditions.
(g) 
Plantings shall not be located within 20 feet of low flow channels or any other associated detention utilities to allow for maintenance.
(h) 
The perimeter area (slopes above the high water line) shall include shade trees (approximately 80/1,000 linear feet), evergreen trees (approximately 40/1,000 linear feet), ornamental trees, and shrubs screening drainage structures and creating visual interests.
(i) 
Provision for emergency access as well as general maintenance of the basins shall be reviewed by the Township Engineer. Plantings shall be designed to disguise yet not hinder vehicular access.
(j) 
Plantings are not permitted upon any emergency overflow berms associated with a detention basin unless approved by the Township Engineer.
(2) 
Recreation/open space feature.
(a) 
This landscape concept is appropriate in situations where a basin is the largest or only portion of open space in an area or is adjacent to existing open space and recreational open space is desired. It is also appropriate for smaller, highly visible basins where a visually pleasing open area is desired.
(b) 
The objective in these situations is to integrate the area into the landscape using topography and plantings in order to complement the function of the area and to provide a visually interesting landscape feature and/or recreation space.
(c) 
The area shall be graded creatively to blend into the surrounding landscape and imitate a natural depression with an irregular edge. This shall include gentle berming.
(d) 
Provide perimeter plantings, including shade trees, formally or informally, evergreen trees to create and screen views, and small trees and shrubs to provide a continuous landscape strip screening drainage structures and creating visual interest.
(e) 
Integrate buffer plantings with perimeter plantings where applicable.
(f) 
The following are guidelines for plant quantities:
Type
Quantity
Shade trees
80/1,000 linear feet
Evergreen trees
40/1,000 linear feet
Ornamental trees
10/1,000 linear feet
Shrubs
50/1,000 linear feet
(g) 
To provide recreational open space, concentrate frequently flooded detention in a basin area (five- to ten-year storm volume) and provide a gently sloping, less often flooded, area (ten- to one-hundred-year storm volume) as a recreational open field space. Provide ballfields and/or open play areas integrated with plantings in a park-like manner.
B. 
Stormwater retention basins.
(1) 
This landscape treatment can take on a variety of landscape forms, from formal reflecting pools and canals or entry fountain features to natural park-like lakes and ravines.
(2) 
Water fountains and features are encouraged in the design of research, office and industrial parks.
[Amended by Ord. No. 98-11]
(3) 
The water's edge shall be easily maintained and stable. Possible treatments might include rip-rap, stone walls, natural plantings, decking, and bulkheads.
(4) 
The planting of the perimeter of the feature shall accentuate views and interest and integrate pedestrian paths, sitting areas, and other uses.
(5) 
Plantings shall include formal or informally massed deciduous and evergreen trees and shrubs to screen and frame views with ornamental trees, shrubs, and grasses used for visual interest or special effects. A continuous landscape area shall be provided.
(6) 
If used as a recreational feature, the connection to the water must be addressed and controlled. The types of uses shall be specified, and the plantings and pedestrian spaces shall be integrated with these uses.
(7) 
Plants with pervasive root systems shall not be located where they may cause damage to drainage pipes or other underground utilities.
(8) 
All engineered basin structures shall be designed to blend into the landscape in terms of construction materials, color, grading, and planting.

§ 109-200 Paving materials, walls and fences.

A. 
Paving materials. Design and choice of paving materials used in pedestrian areas shall consider the following factors: cost, maintenance, use, climate, characteristics of users, appearance, availability, glare, heat, drainage, noise, compatibility with surroundings, decorative quality, and aesthetic appeal. Acceptable materials shall include, but are not limited to, concrete, brick, cement pavers, asphalt and stone.
B. 
Walls and fences shall be erected where required for privacy, screening, separation, security, or to serve other necessary functions.
(1) 
Design and materials shall be functional, they shall complement the character of the size and type of building, and they shall be suited to the nature of the project.
(2) 
No fence or wall shall be so constructed or installed so as to constitute a hazard to traffic or safety.

§ 109-201 Street furniture.

A. 
Street furniture such as, but not limited to, trash receptacles, benches, bike racks, phone booths, etc., shall be located and sized in accordance with their functional need.
B. 
Street furniture elements shall be compatible in form, material, and finish. Style shall be coordinated with that of the existing or proposed site architecture.
C. 
Selection of street furniture shall consider durability, maintenance, and long-term cost.

§ 109-202 Central water supply.

(Reserved)

§ 109-203 Individual sewage disposal systems and wells.

Individual on-site sewage disposal systems and wells, when proposed by an applicant and permitted under this chapter, shall be designed, tested, and installed following the requirements of the West Amwell Township Board of Health, its agents, and the applicable state statutes.

§ 109-204 Inspections and general requirements.

A. 
All of the above improvements shall be subject to the inspection and approval of the Township Engineer or his duly authorized representative who shall be notified in writing by the applicant at least 72 hours in advance of the time of start of each phase of construction.
B. 
No underground installation shall be covered until inspected and approved.
C. 
Prior to requesting any inspections, the applicant shall deposit with the Township Clerk a fee in the form of cash to cover the cost of construction inspection in all major subdivisions. The amount of the fee shall be as specified for inspections in the fee section of this chapter.[1]
[1]
Editor's Note: See Part 2, Fees, Inspections, Guarantees and Off-Tract Improvements, of this chapter.

§ 109-205 Deeds and dedications.

Prior to the issuance of any certificates of occupancy, the applicant, if required, shall prepare and deliver to the Township Attorney deeds to dedicate all streets within the subdivision as additions to the public road system, deeds to dedicate all other public use areas to the Township of West Amwell and deeds to dedicate common open space to a homeowners' association or other entity. All such deeds shall be subject to approval of the Township Attorney as to form and content and, upon acceptance by the Township Committee of the Township of West Amwell, shall be filed by the Township Clerk with the county recording officer as provided for by law.

§ 109-206 Issuance of certificate of occupancy.

The issuance of a certificate of occupancy for any residence within a major subdivision shall be accompanied by a statement from the Township Engineer that all public improvements affecting the residence in question have been installed and a statement from the Township Attorney that all required deeds of dedication have been reviewed and approved.

§ 109-207 Construction requirements.

Before any developer, his contractor or agent shall install any of the above required improvements, said developer, his contractor or agent must be approved and accepted by the Township Committee for competency and previous experience and shall be required to supply such information as shall be necessary for the Township Committee to make such determination. In addition, prior to the commencement of any construction, the applicant shall arrange for a preconstruction conference with the Township Engineer. Such conference shall be attended by the applicant and his engineer and contractor as well as the Township Engineer.

§ 109-208 Approval of public improvements.

A. 
When the subdivider has constructed and installed the streets, drainage facilities, curbs, sidewalks, street signs, monuments and other improvements in accordance with Township regulations, standards and specifications and desires the Township to accept said improvements, he shall, in writing, by certified mail addressed to the Township Committee with copies thereof to the Township Engineer, request the Township Engineer to make a semifinal inspection of said improvements. Accompanying this request, the subdivider must submit a wash-off Mylar and two sealed prints of the originally approved subdivision plans that have been updated to show the final as-built condition of all improvements, including all subsurface utilities and drains. The Township Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the Township Committee, indicating either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.
B. 
The Township Committee shall either approve, partially approve or reject the improvements, on the basis of the report of the Township Engineer, and shall notify the subdivider in writing not later than 65 days after receipt of the notice and plans from the subdivider. Where partial approval is granted, the subdivider shall be released from all liability pursuant to the performance guaranty, except for a portion sufficient to guarantee the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. Failure of the Township Committee to send or provide such notification to the subdivider within 65 days shall constitute approval of the improvements, and the subdivider shall be released from all liability pursuant to the performance guaranty.

§ 109-209 Construction hours of operation.

[Added by Ord. No. 01-13]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CONSTRUCTION ACTIVITIES
Includes excavation, earthmoving, demolition, or construction.
B. 
Authority to impose conditions.
(1) 
As a condition of the approval of any application for major subdivision, major site plan, or "d" variance, the Planning Board may require that construction activities on private property, where construction activities are likely to impact on existing residences, may only be conducted on the site between the following hours:
[Amended 12-27-2023 by Ord. No. 13-2023]
(a) 
Monday through Friday: 7:00 a.m. until 8:00 p.m.
(b) 
Saturday: 8:00 a.m. until 6:00 p.m.
(c) 
Sunday: no work.
(d) 
National holidays: no work.
(2) 
These limitations shall not apply to the following activities:
(a) 
Additions to existing dwellings.
(b) 
Remodeling of existing dwellings.
(c) 
Routine property maintenance including but not limited to mowing lawns, trimming hedges, tree trimming, and installing or repairing fences.
(d) 
Farming or farm-related activities.
(e) 
Installation of residential swimming pools.