ARTICLE V. Design Standards
§ 191-24. Design standards enumerated.

In reviewing a site plan, the reviewing board shall consider and the site plan shall provide for the following:

A. The layout of the land development shall be consistent with the Borough Zoning Ordinance, except in those cases where application is being made for a variance.

B. The design and layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design and efficient arrangement. Particular attention shall be given to safety and fire protection, impact on surrounding development and contiguous and adjacent buildings and lands.

C. Adequate lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be of a type approved by the reviewing board. Directional lights shall be arranged so as to minimize glare and reflection on adjacent properties and roadways.

(1) Standards should be spaced at a distance approximately equal to four times the height of a standard.

(2) Spotlights and floodlights, if used, should not be located on buildings and faced outward. Lights should be located on standards pointing toward the structures.

(3) Use lighting shields to keep glare on the site.

(4) Consider light locations from a maintenance point of view. They shall be located so as not to hamper vision on any adjacent roadway.

(5) The height of light poles should be limited to the maximum height of structures permitted in the particular zoning district where they are located or 25 feet, whichever is less. The light itself should be shielded to restrict the maximum apex angle of illumination to 150.

(6) All site lighting shall be fixed. No site lighting shall be vehicle-mounted. [Added 12-5-1991 by Ord. No. 28-91]

(7) All lights shall be designed and located in such a manner as to provide a maximum of four footcandles and a minimum of 1/2 footcandle on all areas of the site utilized for vehicular or pedestrian movement, parking and material storage. [Added 12-5-1991 by Ord. No. 28-91]

(8) All lighting shall be so situated as to avoid bleeding of light over property lines. [Added 12-5-1991 by Ord. No. 28-91]

(9) All lighting shall be located so as not to interfere with the vision of drivers of land- or water-based motorized vehicles.

(10) No lighting shall be designed to appear to move, flicker or to revolve. [Added 12-5-1991 by Ord. No. 28-91]

D. Landscaping shall be provided as part of the overall site plan design and integrated into building arrangements, topography, parking and buffering requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and the use of building and paving materials in an imaginative manner.

(1) Landscaping should be designed for easy maintenance.

(2) Foundation plants shall be provided where the building will have an exposed foundation.

(3) The plan shall provide for a mix of trees and shrubs.

(4) Street trees shall be required and spaced approximately 50 feet apart.

(5) Within the lot itself, provision shall be made for landscaping, including such areas as the raised walkways, at the end of bays and on specific planting islands. Planting strips may be as narrow as five feet. All shall be raised and protected from the wandering driver.

(6) A minimum of 5% of the parking area shall be landscaped.

(7) Use natural topography and vegetation where possible. Large parking areas shall not be stripped of vegetation without requiring reseeding or replanting of all unpaved areas.

E. Buffering shall be located around the perimeter of the site to minimize headlight glare from vehicles, noise, light from structures and the movement of people and vehicles and to shield activities from adjacent properties when necessary. Buffering may consist of fencing, evergreens, shrubs, bushes, deciduous trees or combinations thereof to achieve the stated objectives. Plantings shall be used also whenever a fence is required.

F. Signs shall be designed so as to be aesthetically pleasing, harmonious with other signs on the site and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians.

(1) Only those signs identifying the name, business, occupant, service, address or product offered or sold on the premises shall be permitted to be erected. Coming events, community bulletin boards and time-and-temperature signs shall also be permitted.

(2) Signs within the interior of a structure designed to be seen and read from the exterior shall be considered as part of any maximum sign area.

(3) Signs attached to a principal structure shall not extend above the roof line or parapet.

(4) No flashing, moving or apparent moving signs shall be permitted, except for time-and-temperature signs and changeable copy displays.

(5) The top of freestanding signs shall not exceed the height limit of principal structures in the zone where located or 35 feet, whichever is less.

(6) Signs, whether portable, permanent or temporary, other than municipal, county or state signs, shall not be erected within the right-of-way of any street or approved sight easements nor shall any sign be located so as to constitute a traffic hazard.

(7) Only one such freestanding sign shall be permitted on any single property regardless of the number of establishments on the property, except that the reviewing board may authorize an additional freestanding sign if the property has access from more than one public street.

(8) The total area of all signs affixed to a structure shall not exceed 7% of the building facade of the structure. The reviewing board may permit in total sign area up to 10% of the building facade if, in the reviewing board's judgment, such additional area shall assist in developing a harmonious and integrated sign plan in accordance with the goals and objectives of this subsection.

(9) Freestanding signs to be located on poles, kiosks, stanchions or similar supports shall not project above the maximum height permitted in the zone. Such signs shall have an area not in excess of 5% of the building face fronting on the street but in no event greater than 100 square feet. The reviewing board may permit a total sign area of up to 150 square feet if, in the reviewing board's judgment, such additional area shall assist in achieving the goals and objectives of this subsection.

G. Storm drainage, sanitary waste disposal, water supply and garbage disposal shall be reviewed and considered. Particular emphasis shall be given to the adequacy of existing systems and the need for improvements, both on-site and off-site, to adequately carry runoff and sewage and to maintain an adequate supply of water at sufficient pressure. Stormwater runoff from the site is to be controlled so that on- and off-site erosion is neither caused nor worsened and so that the potential of downstream flooding is not increased. It must be shown that an adequate potable water supply shall be available and not threatened by nearby use of other land or shall be provided by the developer. See also the provisions of Subsection T as set forth hereinafter. [Amended 4-20-2005 by Ord. No. 11-2005]

H. Garbage disposal shall be adequate to ensure freedom from vermin and rodent infestation. All disposal systems shall meet municipal specifications as to installation and construction. They shall be fenced, screened with plantings and shall have suitable access.

I. Environmental elements relating to soil erosion, preservation of trees, protection of watercourses and resources, noise, topography, soil and animal life shall be reviewed, and the design of the plan shall minimize any adverse impact on these elements. Efforts shall be made to preserve the trees within the development. Trees that are planted shall be two inches or more in diameter, three feet off the ground and eight feet or more in height. All trees shall be planted within the normal planting season. All planted trees shall be firmly supported by guy wires with protection for the trees. Adequate protection and conservation of soils shall be provided through the submission of an erosion and sediment control and surface water management plan as required by Chapter 197 of the Code of the Borough of Hopatcong.

J. Standards for the grading, improvement and construction of streets or driveways and for any required walkways, curbs, gutters, streetlights, fire hydrants and water, drainage, sewage facilities and other improvements found necessary shall be approved by the Borough Engineer. Where certain utilities to be installed are under other governmental authority or jurisdictions, the standards shall be provided by those jurisdictions and shall be adhered to by the developer. A letter approving the proposed installations and a statement as to who will carry out the construction shall be required.

K. Any off-tract water, sewer, drainage or street improvements required as a result of land development shall be paid for by the developer on a pro-rata basis as determined by the reviewing board. Said costs shall be determined by proportioning said benefit to the site in relation to the benefit of the entire area being served.

L. Plans of proposed utility layouts, such as water supply, sanitary sewers, storm sewers and other drainage structures, gas, electricity and telephone, shall show feasible connections to existing or any proposed utility system.

(1) Water and sewers. When an individual water supply and/or sewage disposal system is proposed, the plan for such system must be approved by the appropriate local, county or state health agency. When a public sewage disposal system is not available, the developer shall have percolation tests made, and when deemed necessary by the reviewing board, test holes or borings shall be made by a New Jersey licensed engineer, a New Jersey licensed health officer or an approved testing laboratory, and the results thereof shall be submitted to the reviewing board with the preliminary plan.

(2) Electric and telephone utilities. The developer shall arrange with the serving utility for the underground installation of the utilities' distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as a 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 reviewing board, prior to the granting of preliminary approval, a written instrument from each serving utility, which shall evidence full compliance with the provisions of this subsection. In those instances where lots in the proposed development abut existing streets within which overhead electric or telephone distribution supply lines have theretofore been installed on any portion of such abutting streets, the electric and telephone service may be supplied from such overhead lines, but all service connections from the utilities' overhead lines shall be installed underground. The location of access facilities for servicing the utility in the proposed development shall be developed in conjunction with and as part of the complete site plan.

M. Streets within the land development shall be of sufficient width and suitable grade and suitably located to accommodate prospective traffic and to provide access for fire-fighting and emergency equipment to buildings and shall be coordinated so as to compose a convenient system consistent with the circulation element of the Master Plan. No street shall be required of a width greater than 50 feet within the right-of-way line unless said street constitutes an extension of an existing street of a greater width or already has been shown on the Master Plan at a greater width.

N. Any area reserved for public use shall be of suitable size, shape and location to serve its intended purposes. Any open space to be set aside as part of a residential cluster shall comply with those provisions of and as provided for by N.J.S.A. 40:55D-43.

O. No development shall take place in a delineated floodway area, and development shall be permitted in a delineated flood fringe area only where it is determined by the Borough Engineer that the first-floor elevation will be above the flood level and that construction and landfilling will not significantly increase flooding in other areas.

P. Electric and telephone lines shall be installed underground.

Q. Air pollution. It must be shown that no visible smoke or deleterious chemical changes are produced in the atmosphere by heating or incinerating devices nor by any processing of materials.

R. All off-street parking areas for nonresidential uses permitted in residential zones and all off-street parking areas in nonresidential zones shall meet all of the following requirements:

(1) All off-street parking areas shall be surfaced with either a bituminous concrete pavement with a minimum four-inch crushed stone base and a two-inch wearing surface or a six-inch reinforced concrete pavement maintained in good condition and shall be so graded and drained as to dispose of all surface waters to the satisfaction of the Borough Engineer.

(2) All parking spaces within any parking area shall be clearly marked and maintained to show the parking arrangement within said parking area.

(3) All lighting for off-street parking areas shall be so arranged and shielded as to reflect the light downward and prevent any light from shining directly on adjoining streets, residential zones and residential buildings.

(4) All parking areas shall be effectively screened on any side which abuts or faces any premises situated in any residential zone by a fence, wall or hedge at least five feet in height, maintained in good condition, if required by the site plan approved by the reviewing board; provided, however, that such fence, wall or hedge may be waived by the reviewing board if, because of topographic or other extraordinary or exceptional conditions, the same shall not be necessary to protect any abutting or facing premises situated in any residential zone.

(5) If any fence, wall or hedge shall have been required for any parking area under Subsection R(4) of this section, then said fence, wall or hedge shall be protected by a concrete curb or bumper guard or the equivalent, which shall run parallel to said fence, wall or hedge; be at least five inches in height above the paved surface adjacent to said fence, wall or hedge; and be a sufficient distance therefrom to protect said fence, wall or hedge from the impact of motor vehicles. Utility poles shall not be used to meet required curbing or bumper guard requirements.

(6) If any parking area shall have been permitted in any front yard, the reviewing board shall have the power to require a concrete curb, bumper guard or the equivalent, at least five inches in height above the paved surface, along and parallel to any landscaped area in the front yard as sufficient to protect the same from the impact of motor vehicles.

(7) All such parking areas shall be used only for the parking of automobiles. No commercial repair work or sales of any kind shall be conducted in any parking areas. No sign other than entrance, exit, identification and conditions of use signs shall be maintained in any parking area. No such sign shall be larger than four square feet in area. Nothing herein contained shall be construed to permit any required parking area to be used for the commercial storage of new or used motor vehicles by a new or used car dealer or motor vehicle rental agency.

(8) Each and every off-street parking area shall be subject to site plan approval by the reviewing board. The reviewing board shall consider the effect of any parking area upon traffic safety and abutting properties and shall ascertain that all requirements of this chapter are met.

(9) Off-street parking facilities shall be located as hereinafter specified in this article. Where a distance is specified, it shall be the distance measured from the nearest point of the parking facility to the nearest point of the building that such facility is required to serve. For all residential buildings, regardless of the district in which they may be located, and for all nonresidential buildings in residential zone districts, required parking shall be provided on the same lot with the building. For all nonresidential uses in nonresidential zone districts, required parking shall be provided within 150 feet of such use.

(10) The off-street parking area shall be effectively screened on any side which adjoins or faces premises situated in any residential zone district by a fence or wall not less than four nor more than six feet in height and maintained in good condition; provided, however, that a screening of hedge or other natural landscaping may be substituted for the required fence or wall if approved by the reviewing board. No part of any parking area shall be closer than 10 feet to any school, hospital or other institutional building situated on any contiguous lot unless screened by an unpierced masonry wall not less than four nor more than six feet in height. This shall not be construed to require screening for off-street parking spaces for residential uses.

(11) The parking itself should be 10 feet by 20 feet and separated by double lines (hairpin markings). All parking areas should be curbed, and if sidewalks or walkways are not provided, front wheel bumpers should be installed. If the raised paved area beyond the curb is widened to accommodate vehicle overhang, the length of the stall may be shortened. The curb should be either poured concrete, precast concrete or Belgian block.

(12) Parking areas of more than 300 cars should be discouraged.

(13) Parking should not be located abutting buildings. These areas should be kept open for emergency vehicle access. Parking should also be kept at least 25 feet away from driveway openings and curb cuts.

(14) Industrial, office or similar types of uses can provide slightly less convenient parking because of the relatively long-term repetitive nature of the demand. For these uses, no parking should be permitted between the front building line and right-of-way line, with the possible exception of a limited amount of visitor parking.

S. Pedestrian and vehicular traffic movement within and adjacent to the site shall be considered, with particular emphasis on the provision and layout of parking areas; off-street loading and unloading; and movement of people, goods and vehicles from access roads within the site, between buildings and between buildings and vehicles. The reviewing board shall ensure that all parking spaces are usable and are safely and conveniently arranged. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the site.

(1) Where possible, a loop system should be developed. The loop system should also include crossovers between the legs of the loop.

(2) When a complete loop is not feasible, a wider road should be provided with a divided entrance. While a thirty-foot-wide loop street may be adequate, the nonloop system should have a minimum of 34 feet with a forty-foot or greater width desirable. The divider island should be at least five feet wide with each roadway at least 20 feet in width.

(3) No parking should be permitted on the roads.

(4) The entrances and exits should provide for acceleration and deceleration lanes wherever possible. These lanes are generally 13 feet in width and adjacent to the main roadway. They should be a minimum of 60 feet in length to be effective.

(5) Careful attention should be given to intersection radii. The right turn is the critical turn, and cars exiting from a development with an insufficient radius will mount the curb or poke their cars into the oncoming traffic lane. If a one-way system is used, the right-turn curb radius should be 20 feet, and the left-turn curb radius should be 10 feet.

(6) The intersection of the curblines of a two-way street system should have a minimum radius of 25 feet for local roads and 35 feet for major arterials.

(7) Driveways leading from the roads to parking areas should be 12 to 15 feet wide for one-way operation and 24 feet wide for two-way. The turning radii should be at least 15 feet, with 20 feet preferred.

(8) Curbs, concrete or Belgian block, shall be provided.

(9) Entrances and exits require careful placement since their use takes place during peak traffic hours. Exit capacity should be greater since exiting usually takes place over a shorter period of time. Unloading docks should have a clear area equal to twice the largest vehicle to be accommodated. Widths should be 12 to 14 feet and with a clear height of 14 feet.

T. Notwithstanding any other provision of this chapter to the contrary, the Borough hereby adopts and incorporates herein by reference the current nonstructural stormwater management strategies as the same may be amended and supplemented from time to time and as are set forth in N.J.A.C. 7:8-1 et seq. The applicant shall compare current nonstructural stormwater management practices as set forth in the aforesaid regulation to the standards set forth in this chapter. In the event of any conflict between the provisions of this chapter and the current nonstructural stormwater management regulations, the regulations shall be controlling. The approving board shall only approve developments which comply with the provisions of N.J.A.C. 7:8-1 et seq., as amended, to the maximum extent feasible considering the constraints of the specific development project. Any Borough regulation in conflict with said regulations shall be superseded by the provisions of N.J.A.C. 7:8-1 et seq., as amended. [Added 4-20-2005 by Ord. No. 11-2005]