ARTICLE 10.6 PERFORMANCE STANDARDS

This Article shall not be applicable to the OR-A Zone District In reviewing any Site Plan. whether for preliminary or final approval, the Planning Board shall apply the following standards

Section 10.6.1 Structures and Use. Utility Connections, Signs, Lighting

A.The proposed structures and use shall enhance the neighborhood, and relate harmoniously to the terrain. existing buildings, and uses in the vicinity The location of the proposed structures and parking lots shall be safe and effective. providing easy access for firefighting and other emergency apparatus

B.Electricity, telephone and cable television service facilities shall be provided below ground, except that terminal boxes may be located above ground If located within a public street right-of-way, said utilities shall be outside of the cartway except for required crossings Lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from these overhead lines, but any new service connections from the utilities' overhead lines shall be installed underground. In the case of existing overhead utilities. however, should a road widening or an extension of service or other such condition occur as a result of the development and necessitate the replacement or relocation of such utilities. such replacement or relocation shall be underground, if in accordance with current BPUC regulations In the event that there is any modification in the final placements or locations of any of the above, the applicant shall be required to have the development plan amended by the Board The developer shall arrange with the servicing 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 part of the servicing utility's tariff as on file with the State of New Jersey Board of Public Utility Commissioners. The developer shall submit prior to the granting of final approval a written instrument from each servicing utility which shall evidence full compliance or intended full compliance with the provisions of this section

C.The size, location, design, color, texture, lighting. and materials of all permanent signs and outdoor advertising structures or features shall neither detract from the appearance of proposed buildings and structures and the surrounding properties nor create confusion with traffic or any other signs

D.The location, intensity and direction of all outdoor lighting shall not produce glare or other adverse effect on the existing or future use of nearby properties To reduce skyglow, adverse night vision effects, and impact on residential areas. lighting fixtures shall provide complete cutoff and light shielding above seventy-five (75) degrees from the downward vertical, and the plan must provide that no direct light, as defined in this Ordinance, falls upon any residential property or more than one hundred (1 00) feet from the base of the lighting standard unless required for public safety or welfare Lighting standards shall not be more than twenty-five (25) feet in height except for those installed in the public right-of-way.

E.All street lighting. fixtures and poles along street or pedestrian paths shall be provided by the applicant Street lighting fixtures shall serve both pedestrian and vehicular safety. Fixture height in the Downtown areas shall be limited to fourteen (14)feet in parking lots and twelve (12) feet along street edges. pedestrian areas and town square. Poles along major pedestrian retail streets shall be of similar design and constructed of cast iron or steel Spacing between fixtures shall not exceed eighty (80) feet as specified in Section 19.4 2 B 4 and 5 The poles recommended for street edges or other edges of public right-of-ways, in the Downtown district. are the Welsbach #648 College Hill Cast Iron Post, with a height of nine (9) feet, or the Spring City Cast Iron Hancock Post, with a height of nine (9) feet ten (10) inches The pole recommended for the interior of parking lots in the Downtown district Is the Welsbach #665 Aluminum One Piece Post The lighting fixture recommended for street edges or other edges of public right-of-ways, in the Downtown district, is the Welsbach Philadelphia slide-out ballast with fiber optic column The lighting fixture recommended for the interior of parking lots in the Downtown district is the Colonial Cubicone CC 150 watt maximum, or equivalent The public bench recommended in the Downtown district is the Victor Stanley, Model C-10 "The Classic" The trash basket recommended in the Downtown district is the Victor Stanley, Model S-42 The light output shall be determined by location and spacing The recommended fixture for the single family residential areas is the Colonial Lantern. wood pole mounted supplied by New Jersey Power and Light Company

F.Notwithstanding the provisions of Section 10 6 1 D and in connection with outdoor lighting for municipal facilities direct light may be permitted to fall more than 1 00 feet from the base of the lighting standard when necessary to properly illuminate an object. area or facility provided that no such direct light shall be permitted to fall upon any residential property nor more than 100 feet closer to the nearest residential property line than any lighting standard Lighting standards shall be of such height as to safely and adequately illuminate the object, facility or area and which maximizes the control and limitation of light spread and minimizes potential adverse effects

Section 10.6.2 Traffic

A.Access to the site from adjacent roads shall be designed to minimize the disruption of traffic flow on these roads and permit safe and convenient ingress and egress to the site for vehicles and pedestrians The site shall provide for the safe and efficient movement of people and vehicles within the site, particularly with respect to the flow of traffic within parking areas All parking spaces shall be safely and conveniently arranged Outdoor lighting shall be adequate to insure the safe movement of pedestrians and vehicles

B.In connection with any development greater than 600.000 square feet and less than 1,000,000 square feet, ingress and/or egress may be provided by a grade separated entrance and/or exit designed in accordance with the American Association of State Highway and Transportation Officials published 1990 Policy on Geometric Design of Highways and Streets, standards for driveways from or onto a low speed urban street

Section 10.6.3 Buffers and Landscaping

A.Applicability. This Section shall apply to all site plan applications with specific attention paid to the following along zone lines except where the zone is contiguous to open land (OL), on lots containing conditional uses or involving the upgrading of conditional uses, between single and multi-family uses, between multi-family developments, and along State and Federal Highways

B.General Guidelines. Buffering refers to the horizontal dimension whereas screening refers to the vertical dimension The following guidelines shall be used to prepare and review buffering and screening for any development plan The provision of buffer areas and screening within such areas shall take into account the opportunities and constraints of existing conditions on the site, such as existing vegetation to be preserved, critical views into and out of the site, the days and hours of operation, intensity of use of the proposed development, potential off-site impacts and other such issues Where required. perimeter buffering shall be designed and located as to screen light, noise and movement of people and vehicles within the site, from nearby properties. streets and parking areas during all seasons of the year The location and design of buffers shall consider the use within the portion of the property being screened, the distance between the use and the adjoining property line, differences in elevation, the type of buffer (such as dense plantings, wall or fence or existing woods), buffer height, buffer width, and other combinations of man-made and natural features The buffer shall be designed and developed with the general guidelines that the closer a use or activity is to a property line, or the more intense the use, the more effective the buffer must be in obscuring light and vision and reducing noise beyond the site Berms shall be required where topographical or other barriers do not provide reasonable screening or sound abatement and if the Board determines that there is a reasonable need to shield the site from adjacent properties and to minimize adverse impacts from incompatible land uses, noise, glare, traffic or lack of privacy for residential uses

C.Buffers. Where required, buffers shall be measured from side and rear property lines, excluding access driveways Buffer areas shall be measured horizontally and at right angles to either a straight lot line or street line or the tangent lines of curved lot or street lines No above surface structure or activity. storage of materials or parking of vehicles shall be permitted in the buffer area All buffer areas shall be planted and maintained with grass or ground cover, together with a dense screen of trees, shrubs or other plant materials meeting the following requirements

1 Naturally wooded areas on the site may be calculated as part of the required buffer area provided that the growth is of a height. width and distance to serve the buffer purpose where additional plantings are necessary to establish an effective buffer, plant material used in screening shall be at least six (6) feet in height above ground level, when planted, and be of such density as determined appropriate for the activities involved.

2 Buffer areas and screening shall be permanently maintained

3 Screening shall not be discontinuous at any point within a buffer area unless specifically approved by the Planning Board

D.Screening. The vertical dimension of vegetation shall use the following standards to prepare and review screening devices

1 Evergreen Trees or Hedges. Where an evergreen screen is utilized. such plantings shall be sufficiently dense so as to provide a minimum of seventy-five (75) percent of the required screening at time of planting Arrangement of plantings shall be in a continuous row and may be overlapped or staggered within such row Placement of such plantings shall provide maximum protection to existing vegetation to be preserved located in the buffer area and on adjacent properties

2 Walls and Fences. Where a masonry wall or solid wooden fence. not including stockade fence, is utilized, the design of such shall be architecturally compatible with the style, materials, colors, and details of the building(s) on the site Where such wall or fence fronts toward or is visible from a public right-of-way. foundation plantings shall be planted along the base of all visible portions of the wall or fence

3 Earth Berm. Where an earth berm is utilized, such shall be designed to have a maximum side slope of one increment high to two increments wide or a ratio of one high to two wide (1 2) The minimum width of the top of a berm shall be four (4) feet. Berms shall be composed of a soil type sufficient to sustain the growth of plantings it will support Berms shall be landscaped with combinations of evergreen and deciduous trees and shrubs, and ground cover

4 Residential Uses and Districts. Any residential use and district shall be suitably buffered and screened from all uses other than single and two family dwellings in order to minimize the impacts of noise, glare. vibration. vehicular traffic, pedestrian activity and other potential nuisances The minimum width of buffer areas and height of screens shall be provided based on the type of building or use that is being buffered and the zone in which it is located. Unless more stringent requirements are set forth in buffering and screening standards for each zone All applications for development in the AH. DD. HB, LI, OR and OR-A Zones which are adjacent to any R Zone shall provide a buffer from such zone according to the following schedule

5 Major Roadways. Where residential development or subdivision abuts high noise generator streets, a landscaped buffer should be provided along the property line abutting the road This buffer strip shall be a minimum of twenty (20) feet wide if consisting of berms with vegetation or a five (5) foot vide landscaped wall where necessary for the health and safety of the residents to insure that the sound level at the building line shall not exceed 45 dbA

6 Front Yard Buffers. These shall be achieved by plantings, earth berms, walls. and fences applied individually or in combination, as necessary Landscaping used for buffering purposes shall be primarily evergreen and compatible in scale and character with the development plan and/or with existing landscaping on adjacent or nearby properties

7 Loading Area. All areas used for loading and unloading, including loading dock areas of buildings, shall be suitably buffered to minimize noise, glare. exhaust fumes, views of loading and unloading vehicles and other nuisances from adjacent properties and public right-of-ways, as well as from within the site itself Such buffer shall consist of a minimum fifteen (1 5) foot wide area on all sides of loading areas exposed to view Within the buffer area a minimum ten (10) foot high, visually impervious screen, consisting of either a solid masonry wall, dense evergreen hedge, earth berm, or some combination thereof, shall be installed The remainder of the buffer area shall also be extensively planted with both deciduous and evergreen trees and foundation plantings along the outer half of a masonry wall if such is utilized If a loading area is located adjacent to a residential use or situated in or adjacent to a residential zone, the above required buffer area shall be a minimum of twenty-five (25) feet in width and twelve (12) feet in height

E.Guidelines. The following guidelines shall be used to prepare and review landscaping for any development plan. The landscaping plan shall be prepared by a New Jersey Certified Landscape Architect.

1 The entire development shall be extensively landscaped in accordance with a plan conceived as a complete pattern and style throughout the total site All areas of the site not occupied by buildings and other improvements shall be intensively planted with trees, shrubs, hedges, ground cover, and perennials and annuals The development shall be landscaped so as to best adopt the site to its intended use, to control the development's environmental and community impact and to enhance the appearance of the development. both on and within the site itself and from the surrounding area Landscaping shall be provided to achieve the following

a Preservation and enhancement, to the greatest extent possible. of existing natural features on the site, including vegetation. land forms and bodies of water.

b Assistance in adapting a site to its proposed development

c Mitigation and control of environmental and community impacts from a development

d Creation of an attractive appearance for the development, as viewed from both within the site itself and the surrounding area

e Enhancement of the habitability of a development

f Definition of yard areas and other open space

g Energy conservation and micro-climatic control

h. Maintenance of a desirable ecological balance on a developed site

2. Landscaping shall include functional and/or ornamental elements that affect the safety, habitability and appearance of a development, and its relationship to adjacent properties and public rights-of-way The plans should show where these elements are located or will be located on the site and planting and/or construction details When existing natural growth is proposed to remain. applicant shall include in the plans proposed methods to protect the existing trees and mature vegetation during and after construction The plan shall also include plans for visual buffers. fences. street lighting and noise buffers where appropriate, and taking into account the following

a A natural features inventory, the preservation of existing natural vegetation, land and water features

b Existing and proposed plant materials such as trees, shrubs, ground cover, perennials, and annuals

c Grading, berms. and other earth forms

d Building and ground paving materials

e Walls and fences

f Paths and walkways

g Ponds, streams, fountains, and other water features

h Benches and other site furniture

i Trellises, pergolas. gazebos, and other accessory structures

j Art and sculpture

k Site lighting

l Street and site furniture

m Other site design elements courtyards. plazas, alleys and similar public and semi-public open spaces, active recreation areas and facilities, paths and walkways, and fences, walls and other screens

n Supplementary plantings or other landscaping elements may be required by the Board throughout the development, where necessary for reasons of additional buffering or screening, creating or defining yards and other open space areas, micro-climatic control, or appearance

3 Paving 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 include, but are not limited to, brick, textured and colored concrete. cement pavers and stone

4 Street Furniture 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 Street furniture elements shall be compatible in form, material, and finish. Style shall be coordinated with that of the existing or proposed site architecture. Selection of street furniture shall consider durability, maintenance, aesthetic impact and long-term cost

5 Energy Conservation. To conserve energy. landscaping shall include the planting of evergreen windbreakers to block northwest winds in the winter and planting of the southwest facades of buildings with deciduous shade trees to block summer sun

F.General Standards. The following general standards shall be used to prepare and review landscaping for any development plan

1 Plant Specie The selection of plant species to be used shall be appropriate in terms of function and size The species shall be hardy for the climatic zone in which the site is located Consideration shall be given to soil conditions, availability of water, exposure to sunlight and other existing conditions Shrubs and other plantings may be selected from those recommended in a standard reference, such as American Association of Nurserymen's American Standard for Nursery Stock. current edition

2 Planting Size. Deciduous trees shall have a minimum caliper of three (3) inches at time of planting Evergreen trees shall be a minimum of six (6) feet in height at time of planting Low growing evergreen shrubs shall be a minimum of two and one-half (2 1/2) feet in height at time of planting Size of other plantings shall depend on setting and type of plant material

3 Planting Specifications. Only nursery grown plant materials shall be utilized All trees, shrubs, and ground covers shall be planted and staked according to accepted horticultural standards All grass shall be planted in accordance with the New Jersey State Soil Conservation Committee's Standards for Soil Erosion & Sedimentation Control in New Jersey, current edition.

4 Mulch Trees and other vegetation that have been removed may be reduced to chips and used as mulch in landscaped areas

5 Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant material through the first growing season All landscaped areas shall be well maintained and kept free of all debris, rubbish, weeds, tall grass, other overgrown conditions and the storage of any equipment or materials

6 Replacement of Dead Plantings. The developer shall be required to replace dead or dying plant material for a period of two (2) years from the date of issuance of a final zoning permit for occupancy and shall post a maintenance guarantee for such pursuant this Ordinance. If plant material is dead or dying during a planting season, such shall be replaced that same season If plant material is dead or dying during a non-planting season, such shall be replaced as soon as is reasonably possible at the start of the next planting season

7 Topsoil Preservation. Topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide at least six (6) inches of even cover to all disturbed areas of the development and shall be stabilized by seeding or planting

8 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 that have been removed are reduced to chips, they may be used as mulch in landscaped areas

9 Existing Vegetation. To the greatest extent possible, existing vegetation in good health and condition shall be preserved Particular consideration shall be given to preserving any existing tree with a diameter (d b h ) greater than six (6) inches, as well as existing stands of trees and tall shrubs and hedgerows along or near lot lines No construction material, soil disturbance for piping or other underground channels or temporary soil deposits shall be placed within four (4) feet of existing shrubs or ten (10) feet of existing trees to be retained on the site 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 be self-supporting and not supported in any way by the plants they are protecting. They shall be a minimum of four (4) feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are types of acceptable barriers

10 Slope Planting. Landscaping of areas of all cutting and filling, terraces. and all roadway slopes steeper than one (1) foot vertically to three (3) feet horizontally (1 3), shall be sufficient to prevent erosion For the purpose of soil stabilization these areas shall be planted with ground covers that are appropriate for the soil and environmental conditions and availability of water

11 Soil Erosion and Sedimentation Control. Landscaping shall be in accordance with a soil erosion and sedimentation control plan approved by the Union County Soil Conservation District, where applicable

Section 10.6.4 Environmental Projection

A.The landscape shall be preserved in its natural state insofar as practicable and desirable by minimizing tree and soil removal and soil addition as provided for in Section 96.2. Preservation of Natural Environment Any grade changes shall be in keeping with the general appearance of neighboring areas

B.Provision shall be made to control the flow of storm water so as to comply with the requirements and standards of Part 12 of this Ordinance, Stormwater Management and Control Alterations in the existing stormwater runoff conditions shall not adversely affect nearby properties or the public storm sewer system

C.Provisions shall be made to insure that odor. fumes. dust, smoke and other atmospheric pollutants shall not be disseminated beyond the boundaries of the tract Noise and vibration produced on site shall not violate the Noise Ordinance or adversely affect neighboring areas

D.Applicant shall submit an Environmental Impact Statement in conformance with Section 9 5 5 Environmental Impact Statement



Section 10.6.5 Planning Board Action in Lieu of Zoning Board of Adjustment

A.Whenever the proposed development requires approval of a subdivision, site plan, or conditional use, but not a variance pursuant to N J S A. 40.55D-70(d), the Planning Board shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment

1 Variances pursuant to N J.S A 40 55D-70(c)

2 Direction pursuant to N J S A 40 55D-34 for issuance of a permit for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to N J.S A 40 55D-32

3 Direction pursuant to NJ S.A 40 55D-36 for issuance of a permit for a building or structure not related to a street

B.Whenever relief is requested pursuant to this section, notice of the hearing on the application for development shall include reference to the request for a variance, or direction for issuance of a permit, as the case may be.

C.The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit, and a subsequent application for any required approval for a subdivision, site plan, or conditional use The separate approval of the variance or direction of the issuance of a permit, shall be conditioned upon grant of all required subsequent approvals by the Planning Board No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent or purpose of the zone plan and zoning ordinance

Section 10.6.6 Airport Standards

Development shall conform with standards promulgated by Commissioner of Transportation pursuant to "Air Safety and Hazardous Act of 1983", c 60, P L 1983 for any airport hazard area delineated under this Ordinance

Section 10.6.7 Sidewalks and Walkways

A.Applicability. This Section shall apply to all applications for development

B.General Standards. The following standards shall be used to prepare and review any, development plan that involves the construction of a new, or repair of an existing, sidewalk or walkway

1 Lot Access. Every lot with less than one hundred fifty (150) feet of frontage or within one thousand (1,000) feet of a school or within any of the Downtown Districts, shall have public sidewalks Such sidewalks shall be designed for the safety, control, efficient movement, convenience, and encouragement of pedestrian traffic into and out of the site and to promote pedestrian circulation generally within the Township

2 All multi-family zones within or adjacent to the Downtown Districts shall provide sidewalks to link such development to the downtown shopping area, recreation facilities, parks, and mass transit facilities If sidewalks exist, and if such sidewalks are in an unsafe condition or are deteriorated, they shall be replaced and restructured to a safe condition

3. Construction and Repair Specification. All sidewalks and walkways shall meet the construction specifications as set forth in applicable Township Ordinances, as specified in the Design Standards for the Downtown Districts, or as approved by the Township Engineer Specifications shall also apply to the maintenance, repair or upgrading of existing sidewalks located in that portion of the public right-of-way that directly abuts the lot to be developed

4. Materials. The Board may waive the paving material specifications if the applicant can demonstrate that the substitute paving material(s) will be architecturally compatible with the style, materials, colors, and details of buildings and other structures on the site and on adjacent properties and create a more attractive development generally. In no instance, however, shall a sidewalk located in a public right-of-way be permitted to be constructed of asphalt

C.Location and Width of Public Sidewalks. The location and width of sidewalks shall be determined based on the location and width of existing sidewalks adjacent to or near the site to be developed

1 Sidewalk widths shall meet the following minimums to adequately serve the anticipated pedestrian traffic

a Low intensity residential use - four (4) feet,

b Higher intensity residential use, retail frontage - eight (8) to ten (10) feet

D. Walkways. Walkways shall be located on a site to provide access from public sidewalks to each entrance or use and to facilitate pedestrian circulation generally within a site

Section 10.6.8 Solid Waste Disposal and Collection/Recycling

A.Applicability. This Section shall apply to all major subdivisions and site plan applications

B.Solid Waste Collection and Disposal

1 All major subdivisions involving single and two-family detached dwellings shall utilize Township provided solid waste disposal and recycling collection

2 All site plan applications shall provide for the temporary on-site storage and private removal of all solid waste and collection of designated recyclable materials The applicant. by complying with this provision in an application, shall waive any and all rights to any form of tax appeal to the Township for not providing municipal solid waste and recycling disposal from the site This provision shall apply to any and all future property owners, tenants, or users of the site.

3 Size and Capacity. The size and capacity of such storage facilities shall be based on the size and capacity of bins and/or dumpsters utilized, frequency of pick-up and generation rates of users of the site

4 Acres . Adequate pedestrian and vehicular access shall be provided to all such storage facilities Such vehicular access shall accommodate the type of vehicles used for the collection of normal solid waste and designated recyclable materials

5 Location. Solid waste and recyclable storage facilities shall be located in proximity to one another or may be combined in one common facility Such facilities shall be centrally located and convenient for the users of the site Recyclable storage facilities may be located inside a building Such facilities shall not be located as to be visual focal points in courtyards or parking areas

6 Odors. Storage facilities shall be designed to reduce discernible odors and contain such within the storage facility area

7 Screening. Solid waste and recyclable storage facilities shall be visually screened from view from all directions by a complete structural enclosure and landscaping Such structural enclosure shall consist minimally of a six (6) foot high solid wooden fence or masonry wall The design, materials, color and details of such structural enclosure shall be architecturally compatible with buildings on the site The design of a structural enclosure may include a roof The front side of such structural enclosure shall have a gate or door with ramped access to facilitate the movement of storage and collection bins or dumpsters

8. Landscaping Such storage facilities shall be landscaped with minimum four (4) foot high evergreen shrubs along the sides and rear

C. Recycling

1 Residential Uses with Bi-weekly Recyclable Collection All dwelling units shall be designed to have a temporary recyclable storage area inside each unit Such area shall be designed to accommodate two (2) weeks accumulation of designated recyclables per dwelling unit and any storage devices that may be necessary to assist a dwelling unit's occupants in meeting the Township's recycling requirements The size of such storage area shall be a minimum of six (6) square feet and may be located in either the kitchen, laundry room. basement, storage closet, or attached garage

2. Non-residential uses shall be designed to have a temporary recyclable storage area inside the building area of each occupant. Such storage area may be located anywhere within the interior of a building, including basements, storage closets or attached garages, but not in a hallway or corridor that is necessary for internal circulation or emergency access. This area shall be designed to accommodate a one (1) week accumulation of designated recyclables per occupant and any storage devices that may be necessary to assist an occupant in meeting the Township's recycling requirements Accumulation calculations shall be based on average generation rates developed by the Association of New Jersey Environmental Commissions

3. Residential and non-residential uses with frequencies of collection other than bi-weekly shall be designed accordingly to the approval of the Board