DIVISION 2. STANDARDS AND PRINCIPLES

Sec. 62-201. Site development stormwater plans.

Standards and principles for site development stormwater plans are set forth in article VI of this chapter. (Code 1988, § 175-58; Ord. No. 2007-16, § I, 3-27-2007)

Sec. 62-202. Reserved.

Sec. 62-203. Steep slope avoidance.

Every application for site plan or subdivision approval shall contain an engineer's certification, indicating that any areas within the development which shall be disturbed during development shall not contain slopes in excess of 50 percent upon completion of the development. (Code 1988, § 175-58.2)

Sec. 62-204. Subdivisions.

(a) General design. The design of the subdivision shall be in harmony with and in furtherance of the purposes set forth in this chapter and shall conform to the master plan of the township and to the official map of the township.

(b) Streets, sidewalks and alleys. Streets, sidewalks and alleys shall be designed in accordance with the following:

(1) Street extensions. The arrangement of major arterial, secondary arterial, primary collector and secondary collector streets shall conform to the master plan and to the official map.

(2) Design of minor streets. Minor streets shall be either loops or, where necessary because of the shape of a parcel of land, culs-de-sac. Loops shall return to the same collector and shall be so shaped that there is no possibility of their use by traffic having neither origin nor destination on the loop. Other requirements and characteristics are shown on diagram B attached to the ordinance from which this chapter is derived and made a part of this chapter.

**Webmasters Note: The previous sections, 62-168(a) through 62-204(b)(2), have been amended as per Supplement No. 9.

(3) Classification of streets. In any major subdivision, it shall be the duty of the municipal agency to classify proposed streets according to their types. The municipal agency shall base its classification upon the master plan, existing and proposed conditions in and near the subdivision, the table of street dimensions in subsection (b)(7) of this section.

(4) Lots abutting primary and secondary arterials. In a subdivision abutting primary and secondary arterial streets, one of the following shall be required:

a. A marginal access street shall be provided along the arterial street and shall be separated from it by a raised divider strip at least eight feet in width.

b. The frontage shall be reversed so that the lots contiguous to such arterial street will front on an internal street, with a buffer strip at least 50 feet in width for planting provided along the arterial street.

c. Such other means of separating through and local traffic and of providing a suitable buffer shall be provided as the planning board may determine to be appropriate.

(5) Lots abutting primary and secondary collector streets. No lot created by a subdivision shall abut a primary or secondary collector street only. Access shall be provided only by reverse frontage on a minor, minor collector or marginal service street, but no additional screening or setback shall be required.

(6) Dead-end streets. Dead-end streets and culs-de-sac shall not be longer than 600 feet and shall provide a turnaround at the end with a radius set forth in the table of street dimensions in subsection (b)(7) of this section. If a dead-end street is of a temporary nature, a similar turnaround shall be provided, and provision shall be made for future exits of the street and revision of the access right-of-way to adjoining properties.

(7) Street dimensions. Dimensions of street shall be no less than those set forth in the table of street dimensions as follows:

TABLE OF STREET DIMENSIONS

NOTES:

1 A cul-de-sac shall include a 30-foot paving around a 40-foot diameter circle within a 120-foot diameter right-of-way at its closed end.

2 Where, because of shape or topography of tracts to be subdivided, it is not feasible to adhere to a minimum radius of 100 feet, the minimum pavement shall be widened as the radius decreases to accommodate the widened path of a turning vehicle, as follows:

3 For streets depicted on the Circulation Master Plan as having more than four lanes, design standards in accordance with the American Association of State Highway and Transportation Officials, A Policy on Geometric Design of Highways and Streets-1984", as supplemented, shall apply and shall be subject to approval of the Township Engineer.

(8) Curved minor streets. Curved minor streets are preferred to discourage speed and monotony. The maximum straight line between points on the centerline shall not exceed those specified on the table of street dimensions in subsection (b)(7) of this section.

(9) Street names. Street names and subdivision names shall not duplicate or nearly duplicate the names of existing streets or subdivisions in the township or in surrounding communities and shall be subject to the approval of the township council. The continuation of an existing street shall have the same name.

(10) Alleys. Alleys shall not be permitted in residential developments, except by permission of the planning board.

(c) Street intersections. Standards for street intersections shall be as follows:

(1) Angle of intersections. No more than two streets shall cross the same point. Street intersections shall be at right angles wherever possible, and intersections of less than 60 degrees, measured at the centerline of streets, shall not be permitted.

(2) Spacing. Only one point of access and egress may be allowed each lot, except where such lot has a road frontage of at least 1,000 feet. In such case streets shall not enter the same side of minor collector streets at intervals of less than 800 feet, primary or secondary collector streets at intervals of less than 1,200 feet or major arterial streets at intervals of less than 2,000 feet, measured from centerline to centerline. Streets which enter a minor or minor collector street from opposite sides shall not be directly opposite each other, except where, in the opinion of the planning board, it is not possible to separate them by at least 150 feet between their centerlines, measured along the centerline of the intersected street. Minor streets shall not be a part of a four-way intersection.

(3) Approaches. Approaches of any collector street to any intersection of another collector street or arterial street shall follow a straight line course within 100 feet of the intersection.

(4) Extra widths. Where a minor collector street serving nonresidential uses or more than 100 residential lots intersects with another collector street or an arterial street, both the right-of-way and the pavement shall be widened by two feet for a distance of 200 feet back from the intersection of the centerlines of both streets, as shown on diagram A attached to the ordinance from which this chapter is derived and made a part of this chapter.

(5) Sight triangles. In addition to right-of-way widths required for the full length of streets and wider intersections, as specified in subsection (c)(4) of this section, easements for sight rights at intersections in the shape of triangles, as shown on diagram A which is attached to the ordinance from which this chapter is derived, and in a form approved by the township attorney, shall be dedicated to cover the area bounded by the right-of-way lines and a straight line connecting sight points on street centerlines which are the following distances from the intersection of the centerlines:

a. Where a minor street intersects another minor street: 90 feet.

b. Where a minor street intersects a minor collector street: 90 feet on the minor street and 200 feet on the minor collector street.

c. Where a minor street or a minor collector street intersects an arterial, primary collector or secondary collector street: 90 feet on the minor street or minor collector street and 300 feet on the arterial, primary collector or secondary streets.

(d) Bikeways. Standards for bikeways shall be as follows:

(1) Bikeways shall be provided in all developments, including appropriate portions of the township wide bike route system, as designated in the master plan, and connections to and extensions thereof. The system shall be designed to provide an alternate mode of transportation for residents, employees and students, as well as providing a recreational facility. Bikeways shall be located in a right-of-way separate from the paved area of a street wherever possible.

(2) Paved rights-of-way at least six feet in width for one-way movement and at least eight feet in width for two-way movements shall be provided and delineated. The rights-of-way shall have an 8 -foot height free of any vertical or horizontal obstructions. The minimum centerline radius of curves shall be 20 feet. The radius shall be increased, as necessary, on prolonged grades in excess of three percent to avoid sudden changes in horizontal alignment.

(e) Property access. Unless necessary to provide access to a lot in separate ownership existing before November 17, 1970, no driveway access to property or additional street intersection may be permitted within the extra widths or sight triangles, as specified above in subsection (c)(4) or (5) of this section.

(f) Lots. Lots shall be designed in accordance with the following:

(1) Lot size. The minimum lot size shall not be less than that required by the zoning provisions of this chapter in force or as may from time to time be amended and supplemented.

(2) Lot and house numbers. Lot numbers, house numbers, street names and street addresses shall be assigned by the assessor.

(3) Side lot lines. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.

(4) Lot frontage and width. In all lots, whether or not of an irregular shape, it must be possible to inscribe a circle of a diameter equal to the minimum lot width specified in the zoning provisions of this chapter.

(5) Lot line on widened streets. Where extra width is provided for the widening of existing streets, lot measurements shall begin at such extra width line, and all setbacks shall be measured from such line, unless otherwise provided by the zoning provisions of this chapter.

(6) Unsuitable lots. All lots shall be adaptable for the purpose for which they are intended to be used without danger to health or peril from flood, fire, erosion or other menace.

(7) Storm drainage. Storm drainage design standards should follow the standards set forth in the surface water runoff control plan.

(g) Easements. Easements shall be designed in accordance with the following:

(1) Utility installation easements. Easements at least 25 feet wide for utility installations may be required in such locations as shall be determined by the planning board.

(2) Drainage easements. If the property on which a proposed subdivision is to be located is traversed by a watercourse of any kind, including but not limited to a channel or a stream, the planning board may require that a stormwater and drainage easement along the watercourse be provided by the subdivider. The land which is the subject of such easement shall be a strip which conforms substantially to the floodplain of such watercourse along both sides of the watercourse or which extends along both sides of the watercourse to a width of 50 feet in each direction from the centerline of the watercourse or which is not less than any encroachment line established by a competent governmental authority, whichever is greater. However, if the location of such watercourse is at or near the boundary of the subdivision, the dimensions of the easement shall be modified so as to limit it to the confines of the subdivision. The easement shall be in a form approved by the township attorney and shall include provisions ensuring the following:

a. Preservation of the channel of the watercourse.

b. Prohibition of alteration of the contour, topography or composition of the land within the easement.

c. Prohibition, within the boundaries of the easement, of construction which will obstruct or interfere with the natural flow of the watercourse.



d. A grant to the township of a right of entry for the purpose of maintaining any and all structures related to the exercise of the easement and of installing and maintaining a storm or sanitary sewer system or other public utility.

(3) Conservation easements. Conservation easements may be required as follows:

a. Easements may be required along all drainage and stormwater rights-of-way in the subdivision and may be required also along all streams or other watercourses along which drainage rights-of-way are not required. The easements are intended to help prevent the siltation of streams and other watercourses and the erosion of stream banks, other watercourses and adjacent lands. The land subject to a conservation easement shall be a strip at least 25 feet in width running adjacent to each side of the required drainage or stormwater rights-of-way or adjacent to each side of the stream if no drainage rights-of-way are reserved. The conservation easement shall contain provisions to restrict the removal of trees and ground cover, except for the following purposes:

1. Removal of dead or diseased trees.

2. Thinning of trees and other growth to encourage the most desirable growth.

3. Removal of trees to allow for structures designed to impound water.

4. Removal of trees in areas to be flooded for the creation of ponds or lakes.

b. The easement shall also prohibit filling or grading of the land or the disposal of refuse or waste material of any type within the limits of the easement. The easement shall be indicated on the plat and shall be marked on land by concrete monuments wherever the lines of the easement change direction or intersect lot lines.

(4) Permits for use of public easements. Permits for the use of public easements may be issued in accordance with the following:

a. Application; issuance. Owners of property which is subject to a municipal easement may apply to the construction official for a permit to erect, alter or convert a fence thereon. The construction official shall issue a permit, provided that the proposed use conforms to all other requirements of the zoning ordinance and other applicable codes and ordinances and provided that the intended use by the owner or the presence of the fence erected, altered or converted will not materially or unreasonably impair or interfere with the easement. The construction official may require appropriate conditions to the issuance of the permit as may be necessary to ensure that the easement will not be materially or unreasonably interfered with and to ensure that the easement or any public utility contained therein is adequately preserved and protected from injury.

b. Denial or grant of permit; appeal. When the construction official determines that the application for the permit cannot meet the requirements of subsection (g)(4)a. of this section, he shall refuse to issue a permit and shall so notify the applicant, in writing, giving the reasons for denial. The applicant may appeal to the township council for a modification or reversal of the construction official's decision. Any interested party may appeal to the township council for a modification or reversal of the conservation official's decision to issue a permit for use of a public easement.

(h) Areas for public use. Standards for the design of areas for public use shall be as follows:

(1) Any land shown on the master plan as intended for parks, playgrounds, school sites or other public uses shall be designated and reserved for such use. The municipal agency shall be permitted to reserve any such land for public use in accordance with the provisions of N.J.S.A. 40:55D-44 and section 62-163.

(2) Wherever possible, subdividers shall preserve trees, groves, waterways, scenic points, historic spots and other community assets and landmarks based upon recommendations by the shade tree and environmental commissions.

(3) Walkways should be provided wherever appropriate to eliminate crossing private property.

(i) Buffer areas. If a subdivision abuts an area in a different zoning district, the planning board shall consider the possibility of providing a separation to promote the public safety and general welfare of the township and, where feasible, shall require that the lots within such a subdivision be so laid out that the rear yards of the lots abut the zoning district boundary. (Code 1988, § 175-59; Ord. No. 21-97, § I, 6-17-1997)

Sec. 62-205. Site plans.

(a) Standards. The same standards and principles which are applicable to subdivisions and which are set forth in section 62-204 shall be applicable to site plan review.

(b) Additional considerations. Additionally, in reviewing any site plan, the planning board shall consider the following:

(1) Traffic movement. Pedestrian and vehicular traffic movement in and adjacent to the site, with particular emphasis on the provision and layout of parking areas, bikeways and offstreet loading and unloading areas, as well as the movement of people, goods and vehicles to, from and within the site shall be considered.

(2) Aesthetic design; safety. The design and layout of building and parking areas shall provide an aesthetically pleasing design and an efficient arrangement. Particular attention shall be given to safety and fire protection and the impact on surrounding development and on contiguous and adjacent buildings and lands.

(3) Lighting. Lighting shall be adequate for the safe movement of persons and vehicles and for the provision of building security and shall be of a type approved by the planning board. Lights shall be arranged so as to minimize glare and reflection on adjacent properties.

(4) Screening. Screening shall be located around the perimeter of the site to minimize headlights of vehicles, noise, light from structures, the movements of people and vehicles and to shield activities from adjacent properties. Screening may consist of fencing, evergreens, shrubs, bushes, deciduous trees or combinations thereof to achieve the stated objectives.

(5) Landscaping. Landscaping shall be provided as part of the overall site plan design, and screening shall be integrated into building arrangements, topography, parking and screening requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and building and paving materials.

(6) Signs. Signs shall be designed to be aesthetically pleasing and harmonious with other signs on the site and shall be located so as to achieve their purpose without constituting hazards to vehicles and pedestrians. They shall also conform to the requirements of section 62-153. (Code 1988, § 175-60)

Sec. 62-206. Mixed residential cluster developments.

Residential design and performance standards within and without mixed residential cluster developments shall be as follows:

(1) Minimum dwelling size. The minimum gross floor area for all dwellings shall meet the following floor area requirements or minimum floor area regulations as specified by the United States Department of Housing and Urban Development Minimum Property Standards provisions, whichever is less restrictive:

a. Efficiency units: 500 square feet.

b. One-bedroom units: 600 square feet.

c. Two-bedroom units: 800 square feet.

d. Three-bedroom units: 1,000 square feet.

e. Four-bedroom or more units: 1,200 square feet, plus 200 square feet per additional bedroom.

(2) Single-family dwellings. Design and performance standards for single-family dwellings shall be as follows:

a. Not more than one single-family dwelling shall be located on any one individual lot.

b. No single-family dwelling shall be constructed, erected, altered or used which is so markedly incongruous or inharmonious with the character of the neighborhood as to materially decrease the value of adjacent or nearby property. The architectural character of each single-family home shall be compatible in color, style, size and facade materials with other homes in the same neighborhood.

c. The following are the minimum area, yard and density requirements for single-family dwellings located within a mixed residential cluster development.

1. The minimum lot size shall be 7,500 square feet.

2. The minimum lot width shall be 75 feet. The minimum lot depth shall be 100 feet.

3. No building shall be closer than 25 feet to the street line. The minimum side yard shall be ten feet, and the minimum rear yard shall be 25 feet.

4. No more than five single-family dwellings shall occupy any one acre in a mixed residential cluster development.

5. Adequate on-site parking must be provided on the same lot on which a dwelling is situated.

(3) Patio dwellings. Design and performance standards for patio dwellings shall be as follows:

a. Not more than one single-family detached patio dwelling shall be located on any one individual lot.

b. No patio dwelling shall be constructed, erected, altered or used which is so markedly incongruous or inharmonious with the character of the neighborhood as to materially decrease the value of adjacent or nearby property; whereas the architectural character of each patio home shall be compatible in color, style, size, or facade materials with other homes in the same neighborhood.

c. Patio homes may only be permitted, at the discretion of the municipal agency, after an applicant has demonstrated that adequate usable yard areas have been preserved and the ultimate housing product is an affordable alternative to traditional single-family detached homes, without the compromise of quality, design or amenities. Units shall be designed to provide maximum safety and privacy for residents.

d. The following are the minimum area, yard and density requirements for patio dwellings located within a mixed residential cluster development:

1. The minimum lot size shall be 5,000 square feet. However, no more than 75 percent of the lots in a patio cluster shall be built upon the minimum lot size. The minimum lot depth shall be 100 feet.

2. No building shall be closer than 15 feet to any street line.

3. No more than four patio homes shall be grouped together. Groupings shall be separated by a minimum of 15 feet.

4. Adequate fire and emergency access must be provided to the front and rear of all buildings.

5. No more than seven patio dwellings shall occupy any one acre in a mixed residential cluster.

6. Adequate on-site parking must be provided on the same lot on which a dwelling is situated.

(4) Townhouse attached dwellings. Design and performance standards for townhouse attached dwellings shall be as follows:

a. A "townhouse attached dwelling" shall be a residential structure with common walls, without common ceilings or floors, consisting of two or more dwellings.

b. No townhouse dwelling shall be constructed, erected, altered or used which is so markedly incongruous or inharmonious with the character of the neighborhood as to materially decrease the value of adjacent or nearby property. The architectural character of each townhouse shall be compatible in color, style, size and facade materials with other homes in the same neighborhood. Units shall be designed to provide maximum safety and privacy for residents.

c. The following are the minimum area, yard and density requirements for townhouses within a mixed residential cluster development:

1. Minimum tract size for like units shall be ten acres where the tract shall have a minimum frontage of 350 feet on an approved public street.

2. The maximum building coverage shall be 20 percent of the total land area of the tract.

3. The minimum lot size shall be 2,000 square feet. The minimum lot width shall be 18 feet.

4. No building shall be closer than ten feet to any street line or parking area.

5. No more than eight townhouse homes shall be grouped together. Groupings shall be separated by a minimum of 25 feet.

6. Adequate fire and emergency access must be provided to the front and rear of all dwellings.

7. No more than eight townhouses shall occupy any one acre in a mixed residential cluster average tract.

d. Each townhouse shall contain a minimum of two means of access.

e. Each townhouse shall contain storage space in an amount and of a design which meets or excels the Department of Housing and Urban Development Minimum Property Standards.

f. Each townhouse shall contain separate and complete kitchen and bathroom facilities.

g. In townhouse buildings, provision shall be made so that television antenna equipment will be built into the building. No individual antenna shall be permitted to be erected on the roof.

h. A party wall, constructed of a minimum eight-inch-thick solid masonry wall meeting the roof sheathing, shall be placed between every townhouse dwelling (BOCA-approved equivalent).

(5) Multifamily dwellings. Design and performance standards for multifamily dwellings shall be as follows:

a. A "multifamily dwelling" shall be a residential structure with common walls, ceilings or floors, occupied by more than two families.

b. No multifamily structure shall be constructed, erected, altered or used which is so markedly incongruous or inharmonious with the character of the neighborhood as to materially decrease the value of adjacent or nearby property. The architectural character of each multifamily structure shall be compatible in color, style, size and facade materials with other homes in the same neighborhood. Units shall be designed to provide maximum safety and privacy for residents.

c. The following are the minimum area, yard and density requirements for multifamily structures within and without a mixed residential cluster development:

1. Minimum tract size for like units shall be 15 acres where the tract shall have a minimum frontage of 400 feet on an approved public street.

2. The maximum building coverage shall be 25 percent of the total land area of the tract.

3. No building shall be closer than ten feet to any street line or parking area.

4. Multifamily structures shall be separated by a minimum of 30 feet.

5. Adequate fire and emergency access must be provided to the front and rear of all multifamily structures.

6. No more than 15 multifamily dwellings shall occupy any one acre average over the tract.

7. There shall be a minimum of four units per multifamily structure.

d. All accessways must comply with BOCA regulations.

e. Each multifamily structure shall contain, for each dwelling unit, 50 cubic feet of common storage area for bicycles, carriages, etc., to be located on the ground floor.

f. Each multifamily dwelling unit shall contain storage space in an amount and of a design which meets or exceeds the Department of Housing and Urban Development Minimum Property Standards.

g. Laundry washing and drying machines shall be located in the basement of a multifamily structure on each dwelling unit.

(6) Mixed residential cluster performance standards. Mixed residential cluster performance standards shall be as follows:

a. The following table enumerates the permitted percentage of mixed housing types for the appropriate zone: