White Township City Zoning Code
ARTICLE XVI
R-1B Single-Family and ARC District
§ 160-133 Permitted uses.
[Amended 2-15-1994]
The R-1B Zone District is designed for and permits the following uses as herein regulated:
B.
Planned adult residential community (ARC) developments, each designed as a single entity, which shall include all those uses listed under Subsection B(1), (2), (3) and (4) below and permits those uses under Subsection B(5) below as follows:
(1)
Institutionalized care facilities designed for the elderly, as defined in § 160-5 of this chapter. Such institutionalized care shall be limited to:
(2)
Housing facilities for the elderly, as defined in § 160-5 of this chapter, which require functionally unassisted accommodations.
(3)
Limited retail business and professional office facilities designed primarily for access by and service for the convenience of the occupants of the ARC.
(4)
Private open space or recreation facilities or municipal or Board of Education parks, playgrounds, buildings and uses deemed necessary and appropriate by the Township of White.
(5)
Accessory uses customarily incidental, necessary and subordinate to the uses permitted under Subsection B(1), (2), (3) and (4) above, including not more than one caretaker's residence for each ARC development, recreation, parking and utility facilities, signs as regulated in § 160-86 of this chapter and maintenance equipment structures.
[Amended 10-13-1995]
§ 160-134 Prohibited uses.
[Amended 3-8-2012 by Ord. No. 2012-2]
Any use other than those uses listed in § 160-133 above is prohibited, including but not limited to kennels and pet shops.
§ 160-135 Required conditions.
The following requirements shall be complied with in the R-1B Zone:
A.
Uses permitted in the R-1 Detached Single-Family Residence District shall meet all of the required conditions of § 160-130 of this chapter.
B.
Planned adult residential community (ARC) developments shall meet all of the following requirements:
(1)
Said general development plan shall indicate in sufficient detail all aspects of the project as set forth in N.J.S.A. 40:55D-45.2.
[Amended 2-15-1994]
(a)
The Board shall find the following facts and conclusions:
[2]
That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate.
[3]
That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.
[4]
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
[5]
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
(2)
The minimum gross tract area available for any ARC developments shall be 140 acres. In the event that the developer intends to dedicate and convey any parcel of the tract for ownership and use by the Township or Board of Education as provided in § 160-139A of this chapter, a subdivision, limited to accommodate such dedication and conveyance, shall be permitted.
(3)
Each ARC development shall have delineated proportions of the tract area relative to the designated land uses designed as approved by the Planning Board and in the following manner:
[Amended 2-15-1994]
(a)
For institutionalized-care facilities as permitted under § 160-133B above, not less than 10% nor more than 15% of the gross tract area shall be provided.
(b)
For housing facilities for the elderly as permitted under § 160-133B above, not less than 50% nor more than 60% of the gross tract area shall be provided.
(c)
For retail and office uses as permitted under § 160-133B(3) above, not less than 1% nor more than 3% of the gross tract area shall be provided.
(d)
For permanent open space/recreation facilities where public use is permitted under § 160-133B(4) above, not less than 40 acres of the gross tract area shall be provided. To the extent possible, this land shall be configured to provide the greatest flexibility of use. Terrain, location and parcel size shall be optimized.
[Amended 10-13-1995]
(4)
Utilities.
(a)
Every building within the ARC development shall be connected to a public sewage disposal and central potable water system, as approved by the Planning Board. Additionally, the area utilized for open space in accordance with § 160-139 shall have public sewage and central potable water services made available by the developer of the ARC to the satisfaction of the White Township Planning Board. The sewage and water capacity provided shall be sufficient to accommodate the uses as approved by the White Township Planning Board in the general development plan, pursuant to Subsection B(1).
(b)
All utility lines, including power, telephone and cable television lines, shall be installed underground and adequately shielded.
[Amended 2-15-1994]
(c)
Fire hydrants shall be installed by the developer in adequate numbers and at locations recommended by the Township Engineer and Fire Chief.
[Amended 2-15-1994]
(d)
On-site public utilities facilities may serve off-site uses as permitted by the Planning Board.
(e)
No development shall be permitted until site plan approval has been granted.
[Amended 2-15-1994]
(5)
Notwithstanding the number of intended construction phases of the ARC development, the entire project shall be designed as a single entity, the design for which shall be approved by the Planning Board pursuant to Subsection B(1). Construction phasing shall be in accordance with the Municipal Land Use Law of the State of New Jersey.[2] The scheduling of construction and the issuance of permits shall be consistent with § 160-140 of this article.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(6)
Architecture and construction.
(a)
The architecture employed shall be aesthetically congruous among structures, phases and sections of the ARC development, as well as with the surrounding area as approved by the Planning Board. All buildings shall be constructed in accordance with the Uniform Construction Codes[3] and shall comply with all requirements of the applicable Fire Code, as well as any applicable municipal or state requirements.
(b)
All exteriors of building perimeter walls shall be of wood, brick, stone, vinyl siding or other accepted durable material; provided, however, that asbestos shingle or cinder block as an exterior finish is prohibited.
[Amended 10-13-1995]
(c)
The exterior of accessory structures shall harmonize architecturally with and be constructed of materials of like character to those used in principal structures.
(d)
In order to promote the development of harmonious streetscapes, the design of individual detached units shall utilize a suitable variety of different exterior finish materials and employ altering design of facades. Adjoining dwellings shall be either distinctly different models or have distinctly different facades with distinctly different finish materials throughout.
§ 160-136 Institutionalized care use.
Use on that portion of the tract delineated by the general development plan for institutionalized-care facilities, as permitted under § 160-133B(1) above, shall meet the following standards:
A.
Development intensity. There shall be a capacity for not more than 20 beds or accommodations for over 20 patients or residents per acre of land within the tract portion as delineated. For the purpose of establishing development intensity, the calculation of patient capacities within nursing units or residential health-care units shall be by actual bed count provided. The calculation of patient/resident capacities within congregate housing facilities shall be by multiplying each bedroom provided by 1 1/2.
B.
Floor area ratio. The floor area of all buildings shall not exceed 35% of the land area within the tract portion as delineated.
D.
Setbacks. No building or structure of any kind other than those which may be necessary to provide or control access to the permitted use shall be placed within 65 feet of a project perimeter or any perimeter of the tract.
[Amended 2-15-1994; 10-13-1995]
E.
Height. No building or structure shall exceed 42 feet in height; provided, however, that no building shall have more than three stories. This shall be conditioned upon a finding by the Planning Board that all fire companies serving the development possess adequate fire-fighting equipment which will permit fire fighters to reach the roofs of such buildings.
[Amended 10-13-1995]
F.
Parking. Off-street parking shall be provided at the rate of 1/2 space per patient or resident capacity. Off-street parking facilities are permitted in any yard, provided that no parking area may be within 25 feet of any street line or 65 feet from any other perimeter line of the tract portion as delineated.
[Amended 10-13-1995]
§ 160-137 Housing facilities for the elderly.
Uses on that portion of the tract delineated by the general development plan for housing elderly persons as permitted under § 160-133B(2) above shall meet the following standards:
A.
Housing types. Residential accommodations for elderly persons shall be comprised of either one or a combination of the following dwelling types:
(2)
Patio houses, consisting of two attached individual dwellings, each occupied exclusively as a residence by one family, attached by a common (party) wall to not more than one similar structure, surrounded by open space on three sides. This open space shall be divided from the open space generally available to the public, creating private open space for each unit. This division may be accomplished through construction of walls, landscaping or other means approved by the Planning Board. Common (party) walls may be along living areas, garages, porches, courts or combinations thereof.
[Amended 10-13-1995]
(3)
Detached houses, each occupied exclusively as a residence by one family and unattached to any other dwelling by any means; provided, however, that the number of such detached housing units may not be less than 50% of all dwelling units to be constructed as housing facilities for the elderly.
B.
Density. The maximum residential density shall not exceed 3 3/4 units per acre of land within the tract portion as delineated. For purposes of this section, a "unit" is defined as a single-family unit.
[Amended 2-15-1994; 10-13-1995]
C.
Setbacks. No building shall be closer than:
(1)
Sixty-five feet to the perimeter of tract portion as delineated.
[Amended 2-15-1994]
(2)
Twenty-five feet to the curbline of any internal public or private roadway from any portion of the structure other than porches (including steps). Porches (including steps) may be constructed no closer than 20 feet to the curbline.
[Amended 10-13-1995]
D.
Building height. No building shall exceed a height of 35 feet or two stories, whichever is the lesser.
E.
Screening. Those setbacks required under Subsection C(1) above shall be designed to function as landscaped buffer areas and shall not contain any building, structure or improvements other than for necessary access into the interior of the portion of the tract as delineated and as approved by the Planning Board; provided, however, that customary driveways leading to attached garages are permitted within the setback required under Subsection C(2) above.
F.
Distance between buildings.
(1)
Townhouses: 75 feet between structures, except 35 feet where an end wall of a townhouse structure faces an end wall of another townhouse structure, patio house or detached house. No building or recreational facility shall be located within 75 feet of a power line right-of-way or within 200 feet of an unshielded electrical facility.
[Amended 2-15-1994]
(2)
Patio houses: 50 feet between structures, except the structures may be separated by a distance not less than the average height of the buildings, measured from ground levels to the peak of the roof where an end wall of a patio house faces the end wall of another patio house or of a detached house. Where one or both roofs of adjacent buildings slope away from the neighboring structure, the building height shall be measured at a point 1/2 the distance between the roof peak and the roof gutter to ground level.
[Amended 10-13-1995]
(3)
Detached houses: 50 feet between structures, except that where an end wall of a detached house faces the end wall of another detached house or a patio home, the separation shall be not less than the average height of the two structures measured from ground level to the peak of the roof. Where one or both roofs of adjacent buildings slope away from the neighboring structure, the building height shall be measured at a point 1/2 the distance between the roof peak and the roof gutter to ground level.
[Amended 10-13-1995]
G.
Building size. No residential structure may contain more than six dwelling units.
H.
Partitions. There shall be between each attached dwelling unit a fire wall constructed to meet the specifications of the most recent edition of the BOCA Basic Building Code. Such noncombustible wall shall have a sound transmission classification (STC) of not less than 52 based on the laboratory test procedure specified in the American Society for Testing and Materials recommended practice E-90-66T, as revised.
I.
Access. No direct access to any residential unit shall be permitted from any public street or highway at the perimeters of the ARC tract. Access shall be discouraged from any public through road within the ARC tract. However, where the Planning Board finds that, due to the application of specific design and construction techniques (e.g., curvilinear layout, significant street landscaping and street furniture, widths of not more than 24 feet curb to curb), such access may be permitted by the Board. Internal access to individual residential units may be provided by way of drives to remain under private association ownership or by way of streets to be dedicated to the Township as, where and if the Planning Board finds that such streets promote the purposes of area- or Township-wide circulation and that Township jurisdiction serves the public interest. The Planning Board may require private or public ownership of roadways and shall consider the specific characteristics of the particular situation in making such a determination. All public or private streets and drives shall be constructed in accordance with the requirements of Chapter 223 of the Code of the Township of White and the relevant provisions of Article XI of this chapter of the Code of the Township of White.
[Amended 10-13-1995]
J.
Walks. There shall be an adequate system of pedestrian walks serving all facilities within the development, providing access to residential units, accessory structures, parking areas, open spaces, commercial facilities, recreational and other communal facilities and along vehicular roadways as deemed necessary by the Planning Board. Such walks shall be constructed in accordance with standards provided in Articles IX and XI of this chapter.
§ 160-138 Business and office uses.
Uses on that portion of the tract delineated by the general development plan for business and office uses, as permitted under § 160-133B(3) above, shall meet the following standards:
A.
Uses. Uses shall be strictly limited to convenience commercial facilities designed primarily to service patients and residents of the ARC development, consisting only of uses listed under Subsection A(1), (2) and (3) below, provided that the uses as listed under Subsection A(1) and (3) below shall not occupy more than an aggregate of 80% of the total floor area constructed within that portion of the tract delineated by the general development plan pursuant to § 133-135B(3)(c) above.
(1)
Retail business operations dispensing grocery, food, pharmaceutical, drug and stationery supplies and optical, jewelry and gift items, as well as banks and restaurants, other than drive-in restaurants.
(2)
Professional offices of medical doctors, dentists, chiropractors, lawyers, financial planners and accountants.
(3)
Service establishments of barbers, beauticians, laundromat operators, dry cleaners, photographic studios, shoe repair shops, garment pressing, tailor shops and medical and health services, excluding veterinarian services.
B.
Development intensity. The floor area of all buildings shall not exceed 30% of the land area within the tract portion as delineated, provided that no single retail business use, occupancy or operation as permitted under Subsection A(1) of this section shall have a floor area in excess of 6,000 square feet.
C.
Setbacks. No building or structure shall be placed within 65 feet of the perimeter of the tract portion as delineated or from any public or private roadway.
[Amended 2-15-1994; 10-13-1995]
D.
Building height. No building height shall exceed two stories or 35 feet, whichever is the lesser.
E.
Parking. Off-street parking as required in § 160-79 of this chapter shall be provided. Off-street parking facilities are permitted in any yard, provided that no parking area may be within 25 feet from any public or private roadway or within 50 feet from any other perimeter line of the tract portion as delineated.
F.
Not fewer than one loading zone measuring 20 feet by 50 feet shall be provided for safe loading and unloading, isolated from pedestrian and patron vehicular movements, for each nonresidential building, including nursing homes and other institutional uses.
[Amended 2-15-1994]
G.
Outdoor activities. Except for off-street parking as herein regulated, each permitted use shall be conducted within a completely enclosed building. No storage or display of merchandise, articles, vending machines or equipment shall be permitted outside any building. Mechanical equipment or trash storage facilities necessary for the operation of a permitted use shall be fenced or screened as required by the Planning Board.
H.
Signs. The installation of any signs shall be in compliance with provisions of § 160-86E of this chapter.
I.
Provision shall be made for storage and removal of waste and recyclable materials as regulated within White Township.
[Added 2-15-1994]
§ 160-139 Standards for open space, recreational facilities or public uses.
[Amended 2-15-1994]
Uses on and conditions for that portion of the tract delineated by the general development plan for permanent open space, recreation facilities or public uses as permitted under § 160-133B(4) above shall meet the following standards:
A.
Ownership. The developer of the ARC may either voluntarily deed to the Township of White and the Township may, at its sole discretion, accept for public purposes land delineated by the general development plan pursuant to § 160-135B(3)(d) above, or, alternately, the developer may set aside lands so delineated for permanent open space in private ownership.
B.
Uses as deemed appropriate by the Planning Board to serve expected populations.
(1)
Lands in public ownership may be used for recreational or educational purposes, including parks, playgrounds and schools, as approved by the Planning Board. Lands in private ownership shall be developed and used by the owners, residents and/or patients of the ARC, as well as members of the general public who may be permitted use of these facilities only for recreational purposes, and shall include the following recreation amenities: a minimum of eight picnic areas; nature trails suitably improved, traversing and linking all recreation amenities in the permanent open space areas; four tennis courts; one swimming pool of Olympic size, with changing cabanas and a clubhouse of sufficient size to accommodate the residents and/or patients of the ARC as well as the general public as permitted; and four horseshoe pits and shuffleboard courts.
[Amended 10-13-1995]
(2)
The Planning Board shall have the power to grant such exceptions from the above requirements as may be reasonable if the literal enforcement of one or more provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
C.
Area. That portion of the tract delineated by the general development plan, pursuant to § 160-135B(3)(d) above, whether designated for public or private ownership, shall have a contiguous area of not less than 25 acres. This open space specifically does not include private open space incorporated in yards for attached or detached dwellings and semiprivate open space for the use and enjoyment of residents of the institutional facilities and their guests.
[Amended 10-13-1995]
D.
Organization.
(1)
In instances where lands delineated by the general development plan pursuant to § 160-135B(3)(d) above are designated for private ownership, the developer shall make provision for the establishment of an open space organization, which shall own and maintain said lands and improvements thereon for the benefit of owners, residents and/or patients of the ARC. Such organization shall not be dissolved and shall not dispose of any lands and/or improvements, by sale or otherwise, except to an organization conceived and established to own and maintain the land and improvements, for the benefit of the ARC development, and thereafter such organization shall not be dissolved or dispose of its holdings without first offering to dedicate the same to the Township of White.
(2)
In the event that such organization shall fail to maintain its premises in reasonable order and condition, the 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 land and improvements 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. At such hearing, the 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 Township Committee, in order to preserve and maintain the premises for a period of one year, may enter upon and maintain such land and improvements. Said entry and maintenance shall not vest in the public any rights to use the premises except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Township Committee shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the premises, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Township Committee, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township Committee shall determine that such organization is ready and able to maintain said premises in reasonable condition, the Township shall cease to maintain said premises at the end of said year. If the Township Committee shall determine that such organization is not ready and able to maintain said premises in a reasonable condition, the Township may, in its discretion, continue to maintain said premises during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township Committee in any such case shall constitute a final administrative decision subject to judicial review.
(3)
The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development, the owners of which have the right of enjoyment of the premises, 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.
E.
Setback. No building or structure of any kind other than those which may be necessary to provide or control access to a permitted use shall be placed within 75 feet from the perimeter of the tract portion as delineated.
§ 160-140 Construction scheduling and permits.
In order to assure that the required elements of the ARC as listed under § 160-133B(1), (2), (3) and (4) of this article are developed in proper phasing sequence, the following schedule shall be complied with:
A.
No construction permit for any construction on the ARC tract shall be issued until the establishment and disposition of the open space parcel as outlined in § 160-139 above shall have previously been accomplished.
B.
The applicant may obtain construction permits for up to 1/3 of the housing units for the elderly as delineated following site plan approval. The remaining 2/3 of such housing units for the elderly shall not be constructed until a proportional amount of the recreation amenities have been installed in a variety and location sufficient to serve the residents of those housing units previously constructed.
[Amended 2-15-1994; 10-13-1995]
C.
The applicant may obtain construction permits for up to 50% of the ultimate floor area of the business and off ice units delineated on the general development plan for such uses pursuant to § 160-138 hereinabove, provided that certificates of occupancy for at least 5% of the total residential units within that portion of the tract delineated by the general development plan for housing facilities for the elderly pursuant to § 160-137 hereinabove shall have been issued. Construction permits for up to 100% of the ultimate floor area of the business and office units delineated on the general development plan for such uses pursuant to § 160-138 hereinabove may be obtained by the applicant, provided that certificates of occupancy for 50% of the total residential uses within that portion of the tract delineated by the general development plan for housing facilities for the elderly pursuant to § 160-138 hereinabove shall have already been issued.
[Amended 2-15-1994; 10-13-1995]
§ 160-141 Certification of compliance.
[Amended 2-15-1994]
As a condition of preliminary and final site plan/subdivision approval, a developer in the ARC District shall submit a certification of compliance acceptable to the Planning Board which states that the developer is in compliance with the requirements of the Fair Housing Amendment Act of 1988 and will be in compliance to the extent possible and feasible with such further amendments of the Fair Housing Act as are applicable. The certification of compliance shall also contain a hold harmless and indemnification provision protecting the Township of White from any and all civil rights or other lawsuits arising out of the developer's or its successor in title's failure to comply with the Fair Housing Amendment Act of 1988 and amendments thereto. The developer shall comply with all requirements of Article IX of this chapter in securing site plan approval.
§ 160-142 Deed restrictions.
A.
Any conveyance of property or property rights by the developer, its successors or assigns in an ARC Zone must contain deed restrictions which put the transferee on notice that the occupancy of property in the ARC Zone is age restricted.
[Amended 6-26-2008 by Ord. No. 2008-8]
B.
Prior to the sale of any units within the ARC, the developer shall execute and record a declaration of covenants and restrictions as approved by the Planning Board, by the terms of which all lands within the ARC and the owners thereof shall be, at all times, bound to certain uniform requirements and standards for the maintenance and repair of the common elements and limited common elements as defined in N.J.S.A. 46:8B-1 et seq.
C.
The deed of conveyance for all residential units in the ARC Zone shall, among other things, provide that:
(1)
No exterior alterations or improvements shall be made to a unit without prior approval of the association of homeowners created in the declaration of covenants and restrictions.
(2)
The maintenance of the common elements and limited common elements shall be the responsibility of the association of homeowners created in the declaration of covenants and restrictions.
(3)
There shall be no detached accessory structures permitted on the premises.
(4)
There shall be no satellite dishes or swimming pools or the parking of trailers, boats or commercial vehicles, other than in enclosed garages, on the premises.
§ 160-143 Age restrictions.
Each dwelling unit in the ARC development must be occupied by one permanent resident 55 years of age or older. No permanent resident shall be 40 years of age or younger. One temporary resident who provides necessary health care to a permanent resident of the dwelling units may be 21 years of age or older, provided that such an individual may not be accompanied by any person(s) intending to reside at the premises of the unit temporarily or otherwise.
§ 160-144 Requirements for certificate of occupancy.
Prior to the issuance of certificates of occupancies as required under § 160-87D of this chapter as a condition of an initial or a change in the occupancy, tenancy or nature of use, the Zoning Officer shall verify compliance with the age restrictions, established by § 160-143 above, for residents of the ARC. Upon application for a certificate of occupancy, all prospective occupants of the respective residential or institutionalized-care units shall furnish conclusive proof of age, such as a certified birth certificate, to the Zoning Officer.
§ 160-145 Carbonate Rock District.
[Added 2-15-1994]
A.
This zone lies wholly within an area underlain by the Kittatinny Limestone formation. This formation consists of several members formed over the Cambrian and Ordvician Periods of geologic time. This formation lies at varying depths from exposed outcroppings to tens of feet below the unconsolidated soil mantle.
B.
It is the solubility of these carbonate rocks which gives rise to the particular concern of the Township. Carbonate rock tends to develop solution features. These are sink holes, relatively wide channels along bedding planes or fractures, caves and other significant vulnerabilities in the rock itself. Where these features are isolated from development and its effects, they are of little concern. Where, however, they are disturbed through construction or alteration of drainage patterns or are subjected to pollution injection, a threat arises to the health, safety and welfare of the residents of a development, the community and the region at large.
C.
White Township and the region are dependent upon subsurface aquifer systems for water supply. Introduction of rapidly transmitted pollutants to those aquifers must be avoided. The following requirements pertain to all land located in the R-1B Zone:
(1)
At the time of application for general development plan approval, an applicant shall locate all sink holes, disappearing streams or other karst features and all known or suspected faults. These data shall be derived from on-site investigation by a qualified engineer or geologist with expertise in karst terrains.
(2)
All karst features identified or inferred shall be integrated into any design. The integrity and stability of the carbonate rock shall be maintained or enhanced.
§ 160-146 Design standards; landscaping.
[Added 2-15-1994]
A.
Purpose.
(1)
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.
(2)
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 building and paving materials.
B.
Landscaping plan. A landscaping plan shall be submitted with each site plan application, unless an exception is granted. The 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.
C.
Site protection and general planting requirements.
(1)
Topsoil preservation. Topsoil moved or imported 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 distributed areas of the development and shall be stabilized by seeding or planting.
(2)
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. 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 Planning Board 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.
(3)
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 10 feet 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.
(4)
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.
(5)
Additional landscaping. In residential developments, besides the screening and street trees required, additional planting or landscaping elements shall be required throughout the subdivision where necessary for climate control, for 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.
(6)
Planting specifications. Deciduous trees shall have at least a two-inch caliper at planting. Wherever possible, on-site vegetation shall be used to meet the requirements of this subsection. Where on-site vegetation is insufficient to meet the requirements, nursery-grown materials shall be acceptable. All trees, shrubs and ground cover shall be planted according to acceptable horticulture standards. Dead or dying plants shall be replaced by the developer during the following planting season.
(7)
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.
D.
Street trees.
(1)
Location. Street trees shall be installed on both sides of all streets in accordance with the approved landscape plan. Trees shall either be massed at critical points or spaces evenly along the street, or both.
(a)
When trees are planted at predetermined intervals along streets, spacing shall depend on mature tree size as follows:
Tree Size (feet) | Planting Interval (feet) | |
|---|---|---|
Large trees (40+) | 50 to 70 | |
Medium-sized trees (30 to 40) | 40 to 50 | |
Small trees (to 30) | 30 to 40 |
(b)
When the spacing interval exceeds 40 feet, small ornamental trees can be spaced between the larger trees. If a street canopy effect is desired, trees may be planted closer together, following the recommendation of a certified landscape architect. The trees shall be planted so as not to interfere with utilities, roadways, sidewalks, sight easements or streetlights. Tree location, landscaping design and spacing plan shall be approved by the Planning Board as part of the landscape plan.
(2)
Tree type. Tree type may vary depending on the overall effect desired, but as a general rule all trees shall be the same kind on a street except to achieve special effects. Where appropriate a mix of dominant and understory species shall be approved by the Planning Board.
(3)
Planting specifications. All trees shall have a minimum caliper of two inches where off-site trees are to be used. They shall be 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 during the next planting season.
E.
Buffering.
(1)
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, rocks, boulders, mounds or combinations of these to achieve the stated objectives.
(2)
When required. Buffering shall be required when topographic 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. When required, buffers shall be measured from side and rear property lines, excluding access driveways.
(a)
Where more intensive land uses abut less-intensive uses, a buffer strip of 25 feet, (but not to exceed 10% of the lot area) in width shall be required.
(b)
Parking areas, garbage 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)
Where residential subdivisions abut higher-order streets (collectors or arterials), adjacent lots should front on lower-order streets, and a landscaped buffer area shall be provided along the property line abutting the road. The buffer strip shall be a minimum of 25 to 35 feet (but not to exceed 10% of the lot area) wide or wider where necessary for the health and safety of the residents, and include both trees and shrubs.
(3)
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.
(4)
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 horticulture standards.
(5)
Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead or dying plants shall be replaced by the applicant during the next planting season. 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, rubbish, weeds and tall grass.
F.
Parking lot landscaping.
(1)
Amount required. In parking lots, at least 5% of the interior parking area shall be landscaped with plantings, and one tree 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 plantings requirements, such as for street trees.
(2)
Location. The landscaping should be located in protected areas, such as along walkways, in center islands, at the end of bays or in diamonds between parking stalls. All landscaping in parking areas and on the street frontage shall be placed so that it will not obstruct sight distance.
(3)
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.
G.
Paving materials and walls and fences.
(1)
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.
(2)
Walls and fences shall be erected where required for privacy, screening, separation or security or to serve other necessary functions.
H.
Street furniture.
(1)
Street furniture, such as but not limited to trash receptacles, benches, phone booths, etc., shall be located and sized in accordance with their functional need.
(2)
Street furniture elements shall be compatible in form, material and finish. Style shall be coordinated with that of the existing or proposed site architecture.
(3)
Selection of street furniture shall consider durability, maintenance and long-term cost.
I.
[1]
Editor's Note: Original § 71-81.3, R-1C Detached Single-Family Residence District, added 12-2-1994, as amended, which immediately followed this section, was repealed 4-3-2003 by Ord. No. 2002-7. This ordinance also provided that the former R-1C Zone District shall henceforth be R-1 Detached Single-Family Residence District.