CHAPTER XVI DESIGN AND PERFORMANCE STANDARDS

 

 

§ 1600    SCOPE AND APPLICABILITY

A.         The Residential Site Improvement Standards (N.J.A.C. 5:21) shall govern any site improvements carried out or intended to be carried out or required to be carried out in connection with any application for any subdivision, site plan approval, or variance before any Planning Board created pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) to the extent as provided in Chapter XXVI, Zoning, Section 2629 Parking, Number of Spaces Table 26.2.

B.         Except as is otherwise specifically provided, these rules shall control all matters concerning the construction, alteration, addition, repair, removal, demolition, maintenance, and use of any site improvements constructed by a developer. The rules are to be interpreted as the minimum required to ensure public health and safety, and the maximum that may be required in connection with development.

C.        These rules shall apply to all site improvement work and appurtenant construction including streets, roads, parking facilities, sidewalks, drainage structures, grading, and utilities which are undertaken by a developer.

1.         These rules shall apply to all utilities created by or deriving their authority from municipal ordinance to operate within a given jurisdiction.

2.         Choice among options contained in these rules shall be the applicant's unless otherwise specified in these rules.

 

 

§ 1601-1630    RESERVED

[See NJ Residential Site Improvements — N.J.A.C. 5:21]

 

 

§ 1631    HISTORIC DISTRICT REVIEW ORDINANCE

(Ord. No. 2010-17)

A.         Introduction. The requirements of this Historic District Review Ordinance shall apply to all development, including new construction, repair, renovation, alteration, reconstruction, demolition, relocation, and additions to existing buildings, structures, real property, natural objects or configurations or any portion or group of the foregoing which are located in the Flemington Borough Historic District, or specifically identified as historic sites within the Historic Preservation Plan of the Master Plan pursuant to N.J.S.A. 40:55D-28b(10). These requirements do not apply to normal maintenance (including in-kind repair of existing building features, repainting of existing color schemes, in-kind repair of an existing roof, etc.).  Prior to construction or alteration of buildings or structures in the Historic District, an Application for Review by the Flemington Historic Preservation Commission must be submitted to the Flemington Borough Clerk, and the project must be reviewed at one of the Commission’s regularly scheduled meetings.  See Chapter XIV of the Flemington Borough Land Development Ordinance for additional information regarding project review.

            Editor's Note: The 2010 Flemington Master Plan Historic District Map has been provided for reference at the end of Chapter XXVI, Zoning.

B.         The purposes of the Historic District Review Ordinance include: 

1.         Safeguarding the heritage of Flemington Borough by preserving its historical, cultural, social, economic and architectural resources;

2.         Encouraging the continued use of historic buildings, structures and sites and to facilitate their appropriate re-use;

3.         Maintaining and developing a harmonious setting for the historically significant buildings, structures, sites, objects and District;

4.         Preventing the unnecessary demolition or relocation of historic resources;

5.         Preventing new construction or development which is not in keeping with or that negatively impacts the ambience and character of the Historic District;

6.         Encouraging the proper maintenance, per the Borough’s existing Property Maintenance Code Chapter IXB, and preservation of buildings, structures and sites within the Historic District so as to promote Flemington Borough as an attractive area to live, work and visit;

7.         Protecting and enhancing property values;

8.         Promoting civic pride in and appreciation of Flemington Borough’s historic resources for the education, pleasure and welfare of its citizens and visitors; and

9.         Fostering beautification and private reinvestment. 

C.        General Guidelines.

1.         Building Design. All development that is situated within the Flemington Borough Historic District and all development that affects individual historic sites shall be designed to  reflect the design vocabulary, massing, proportion, directional expression, height, width, scale, orientation, windows, roof, details and materials of vernacular 18th and 19th  and early 20th-century styles found in the Borough of Flemington.  These styles include Georgian, Federal, Greek Revival, Gothic Revival, Italianate, Second Empire, Queen Anne, Shingle, Romanesque Revival, Colonial Revival, Neoclassical and Tudor Revival styles.  Acceptable styles and examples from the relevant periods can be found within the following references, which are maintained for review in the Borough Hall and the Public Library:

a.         Historic District Guidelines; Flemington Historic Preservation Commission (McCormick Taylor, 2006): See for definitions of general architectural, style and building terminology, as well as more detailed design recommendations.

b.         What Style Is It? A  Guide to American Architecture (Poppeliers, John C., John Wiley & Sons, Inc., 1983)

c.         A Field Guide to American Houses (McAlester, Knopf, 1984)

d.         Identifying American Architecture (Blumenson, Norton)

e.         The Secretary of the Interior's Standards for the Treatment of Historic Properties

            (www.nps.gov/history/hps/tps/standards_guidelines.htm):  See for definitions regarding historic preservation terminology including “preservation,” “restoration,” “rehabilitation,” “reconstruction,” “renovation,” etc.

2.         Procedures for review by the Flemington Historic Preservation Commission are contained within Chapter XIV of the Flemington Borough Land Development Ordinance.

3.         New buildings are not required to copy historic examples. Individual architectural expressions that incorporate the stylistic tenets of historical buildings are acceptable, provided that the design principles in the above references are adhered to. New buildings shall show a harmony of design with their surroundings, and any shapes, massing, materials, signs, lighting, colors and other characteristics which might cause a new building to call excessive attention to itself and create disharmony within the historic district, shall be avoided.

4.         All buildings shall be related harmoniously to the context of the site, the neighborhood as a whole and to existing buildings and other structures in the vicinity that have a visual relationship to the proposed building or buildings.  The achievement of such relationship may include the enclosure of space in conjunction with other existing/proposed buildings or the creation of focal points. With respect to public spaces, building design/orientation may have to be adjusted in order to maintain a positive spatial relationship or to preserve visual access to community focal points, either natural or manmade.

5.         The selection of building design elements, for example in the use of materials, windows, color, texture, and other design considerations, should ensure that such treatment is generally consistent with traditional and vernacular 18th and 19th  and early 20th- century architectural styles.  If the applicant is an existing building, the design elements shall be consistent with the existing building’s style and configuration. 

6.         Building additions and renovations should be designed to reflect the existing building in terms of scale, materials, massing, window and door configuration and color.

7.         Appearance of the side and rear elevations of buildings shall receive architectural treatments comparable to that of any proposed front façade only if said elevations are generally within the public view.

8.         Buildings should, where appropriate, strengthen the particular design features of their neighborhood by, for example, reinforcing the “street wall”, or continuing a particular design feature or statement.  Such construction should complement the existing historic building designs in the Borough. 

9.         Buildings deemed to be “Significant” and indicated as such on the Flemington Historic District Map, shall be reviewed with particular care and have special requirements that are described later in this section (see Subsection C,7). These are buildings that have been determined to be particularly important to the character of the Historic District.

10.       Buildings located on Main Street, from the Traffic Circle to the Monument, along East Main Street to Hopewell Avenue, as well as North Main Street from the Monument to Hopewell Avenue, are also considered to be particularly important to the character of Flemington and the Historic District, partly through their location along the busiest thoroughfare and partly from the quality of buildings along this route.  Many of these structures are indicated to be “Significant” on the Flemington Historic District Map. Because of the importance of this area to the character of the borough, all of these buildings will be reviewed with particular care.  Some buildings that are particularly prominent or visible may be reviewed using the same criteria as “Significant” structures, even if they are not listed as such on the Historic District Map. 

11.       Contemporary designs for new buildings and for additions to existing buildings or landscaping in the Historic District are not discouraged if such designs are compatible with the character, scale and materials of the neighborhood and its environment.

12.       New additions or alterations to buildings should be done in such a manner that they reflect the materials, massing and scale of the existing building.  In addition, alterations and additions should be designed such that they are reversible, i.e. that if they were to be removed in the future, the essential form and integrity of the original building would be unimpaired.

13.       Exterior alterations should not destroy the distinguishing qualities or character of the property and its environment, and the removal or alteration of any historical material or architectural features is not permitted.

14.       Deteriorated architectural features should be repaired rather than replaced wherever possible, and in the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities.

15.       Repair or replacement of missing architectural features should be based on accurate duplication of original features, substantiated by physical or pictorial evidence rather than on conjectural designs or the availability of different architectural features from other buildings.

16.       Wherever possible, there should be compliance with the standards set forth in the "Secretary of the Interior’s Standards for the Treatment of Historic Properties", as periodically amended and available through the National Park Service.

17.       Alternative Materials. The use of nonhistoric, alternative materials may be considered under certain circumstances.  These materials include, but are not limited to: vinyl or composite siding (smooth finish only); vinyl, fiberglass or composite railings and porch columns, particularly when these materials are paintable; fiberglass or composite trim, brackets or moldings; composite porch floor decks; vinyl, clad, or aluminum windows and doors; fiberglass/asphalt shingle roofing; etc.  The use of these materials will be limited on all buildings or structures deemed to be “Significant” on the Flemington Historic District Map, or that are located along Main Street, from the Traffic Circle to the Monument, along East Main Street to Hopewell Avenue, as well as North Main Street from the Monument to Hopewell Avenue, as indicated in Subsection C,10 above.  Specifically, the use of vinyl siding or windows and doors of alternative materials will be prohibited on the public sides of “Significant” structures.  Where visible roofs need to be replaced on “Significant” structures, using replacement materials and methods that match the historic materials is preferable.  If the use of historic materials is not feasible, particular care will be taken in selecting alternative materials that match the historic appearance as closely as possible.  Composite materials that are painted and that match the configuration of the historic materials are considered to be more acceptable than other replacement materials.  Buildings in other parts of the Historic District that are considered to be “Contributing”, “Non-Contributing” or “Encroaching” will be permitted to use alternative materials, provided that the following conditions are met:

a.         Vinyl or composite siding shall be smooth (i.e. not textured) and shall be of a scale and color compatible with the buildings in the immediate vicinity of the applicant property.  Existing decorative trim shall not be removed or covered by new vinyl siding or trim casing.  This trim shall be retained and repaired so that the building’s distinguishing historic features shall remain.

b.         Replacement windows and doors shall fit the existing openings exactly, and shall be configured to match the historic appearance and detail.  Existing window and door openings shall not be “infilled” or made smaller to accommodate standard window or door sizes.

c.         Alternative materials may only be used to replace existing porches if the historic porch is not repairable, if the new porch configuration and appearance closely matches the original, and if the new materials that are clearly visible from a public way are painted.  The Commission will consider additional new materials as they become available.

d.         Alternative materials may be considered for visible roofs when existing slate, copper, wood shakes, etc., are shown to be beyond repair.  The alternative materials on the visible facades shall match the existing appearance as closely as possible.  Alternative materials are acceptable to be used on roofs that are not visible from public streets.

18.       Sustainable Energy Sources and Energy Efficiency.  This Ordinance is not intended to discourage the installation and use of sustainable energy sources, including solar panels, geothermal wells and wind turbines, provided that the installations meet all required building, zoning and safety codes, etc., and that they are installed to have as minimal an impact on the visible portions of the historic property as possible.  Particular care shall be taken to reduce the impact on buildings listed as “Significant” on the Flemington Historic District Map or that are located along Main Street, from the Traffic Circle to the Monument, along East Main Street to Hopewell Avenue, as well as North Main Street from the Monument to Hopewell Avenue. 

19.       This Ordinance is not intended to discourage the improvement of the energy efficiency characteristics of the historic structures in Flemington.  However, where energy efficiency improvements are being considered, care should be taken to reduce negative impacts on the historic character of the building.  In particular on all buildings or structures deemed to be “Significant” on the Flemington Historic District Map, or that are located along Main Street, from the Traffic Circle to the Monument, along East Main Street to Hopewell Avenue, as well as North Main Street from the Monument to Hopewell Avenue, it is important to keep, repair or restore existing character-defining features that affect energy efficiency, including original doors and windows.  Energy efficiency improvements for these features can be achieved through weather-stripping, interior storm windows, appropriate exterior storm windows or doors and other appropriate measures.  See the Borough’s “Historic District Guidelines” for suggestions.

20.       Additional Matters Considered.  In regard to all applications, additional pertinent matters may be considered, but in no instance shall interior arrangements be considered except as it may result in exterior changes important to the integrity of the historic structure, such as additions, chimneys, roof design, blocking of windows or similar changes.

D.        Building Massing and Scale of New Buildings and Additions.

1.         Scale of Building.  The size of a proposed building or addition and the mass of a proposed building or addition in relation to open spaces, the windows, door openings, porches and balconies shall be visually compatible with the other buildings and built features to which it is visually related.

2.         On proposed buildings and additions, long, horizontal facades should be broken down into segments having vertical orientation and tall vertically oriented facades shall be broken down into horizontal components through use of appropriate design features in proportions complementary to the overall architecture and design.

3.         New buildings or additions with expansive blank walls are prohibited, particularly on sides of the building facing public ways.

4.         New buildings and additions should be designed so that facades are the prominent architectural feature and the roofs are visually less dominant in the total design.  Architecturally accurate roof styles shall be consistent with the surrounding historic context.

5.         A pedestrian scale should be achieved at ground level and along street frontages and entryways through the use of such scale elements as windows, doors, columns, plazas, awnings, canopies, and site furnishings.

6.         In new infill construction, the alignments of proposed facades shall be consistent with the existing setback of nearby buildings to the extent permitted by this Ordinance.

7.         Height.  The height of any proposed structure and landscaping shall be visually compatible with adjacent structures.

8.         Proportion of Building's Front Façade. The relationship of the width of any new building or addition to the height of the front elevation shall be visually compatible with the nearby buildings and structures.

9.         Proportion of Openings. The relationship of the width of windows to the height of windows in a new building or addition shall be visually compatible with the nearby buildings and structures.

10.       Rhythm of Solids to Voids on Facades Fronting on Public Places.  The relationship of solids to voids in facades of new or altered buildings shall be visually compatible with the nearby buildings and structures.

11.       Rhythm of Spacing of Structures on Streets.  The relationship of any new structure to the open space between it and adjoining structures shall be visually compatible with the nearby buildings and structures.

12.       Rhythm of Entrance and/or Porch Projection.  The relationship of new or renovated entrances and porch projections to the street shall be visually compatible with the nearby buildings and structures. 

13.       Roof Shapes.  The roof shape of a new building or addition shall be visually compatible with nearby buildings and structures. 

14.       Walls of Continuity.  Features of a proposed building or addition, such as walls, open-type fencing, evergreen landscape masses, shall form cohesive walls of enclosure along a street, to the extent necessary to maintain visual compatibility of any structure with the nearby buildings and structures.

15.       Directional Expression of Front Elevation. A new or altered building shall be visually compatible with nearby buildings and structures, whether this is a vertical, horizontal or nondirectional character.

E.         Facade Treatment.

1.         The Flemington Historic Preservation Commission is particularly concerned with elevations of buildings that are visible from public ways.  Rear and side elevations that are not visible will have greater flexibility in terms of design and materials.

2.         Multi-tenant buildings shall provide uniform store fronts, doorways, windows, awnings and other design features for all ground floor tenants.  Upper floors of said buildings shall at a minimum be coordinated with the ground floor through common materials and colors. 

3.         New buildings should use windows of similar sizes and shapes or incorporate other façade elements that establish the same pattern as other buildings in the immediate area. 

4.         Design elements that carry through a block such as store front patterns, window spacing, entrances, canopies or awnings, etc., should be incorporated into new or renovated facades.

5.         Exterior mounted mechanical and electrical equipment (e.g. air conditioning units, satellite dishes, etc.) shall be located so that they are not visible from public ways, or shall be completely screened from public view with opaque architectural elements that are unobtrusive and visually compatible with the character of the Historic District and the nearby structures.

6.         Facade renovations should be consistent with the original architectural style of the building.  Original details should be retained; when it becomes necessary to introduce new features, they should harmonize with existing features.  If windows and doors must be replaced, new windows and doors that match the original design should be used. Window and door sizes and shapes should not be altered by any building renovation.  Changes to window and door sizes and configurations may be considered if a building is being restored to an earlier, documented, historic appearance.  In buildings that are listed as Significant or which are located along Main Street, from the Traffic Circle to the Monument, along East Main Street to Hopewell Avenue, as well as North Main Street from the Monument to Hopewell Avenue, replacement doors, windows and trim on the visible facades should match the original materials.  On other buildings, alternative materials may be used.  See Subsection C,10 for more information.

7.         The use of overly dramatic and/or intrusive lighting designs and fixtures is not permitted.

F.         Building Materials, Colors and Texture.

1.         On existing buildings, original materials shall be retained wherever possible.  No existing brick or stone shall be covered for cosmetic reasons, and the repair and restoration of existing materials deemed of architectural value is strongly encouraged.  Great care shall be taken in the cleaning and repair of existing materials. The gentlest, effective means shall be used in all cases. “Sandblasting” and other abrasive cleaning techniques, as well as harsh chemical cleaning methods are not to be used under any circumstances.

2.         Where appropriate, building renovations shall incorporate elements of the original structure into the renovation design.

3.         The use of brick, stone, clapboard, shakes and other façade materials of a traditional and vernacular nature is strongly encouraged.  In general, a maximum of 2 principal facade materials shall be permitted for new structures.

4.         Flat, metal panels and mirrored glass surfaces are prohibited on all existing, historic buildings, as are flush metal, composite or wood doors on visible facades.  On buildings indicated as “Significant” on the map of the Flemington Historic District or buildings located along Main Street, from the Traffic Circle to the Monument, along East Main Street to Hopewell Avenue, as well as North Main Street from the Monument to Hopewell Avenue, the use of vinyl or aluminum siding on facades visible from public ways shall also be prohibited.

5.         The painting of buildings in patterns, checks, stripes or overly bold colors is not permitted.

6.         The use of colors generally associated with traditional building design is required on all buildings.  Accent or complementary colors which harmonize with the main façade colors shall be permitted for trim, awning and other building details.  Acceptable paint colors from the relevant periods can be found within the following reference, which is maintained for review in the Planning Office:  Paint in America, the Colors of Historic Buildings (Moss, Roger, John Wiley & Sons, Inc., 1994)

7.         Relationship of Materials, Texture and Color.  The relationship of materials, texture and color of the facade and roof of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related, especially those immediately adjacent.

G.        Demolition.

1.         The integrity of historic districts depends on the preservation and retention in situ of the original historic structures.  Therefore, the review of applications for the demolition or partial demolition of any structure within the Flemington Historic District will be undertaken with the greatest care.  The demolition or partial demolition of any structure deemed Contributing or Significant in the Historic District is not permitted, except when public health or safety is at risk, as certified by a licensed structural engineer.

2.         Applications to demolish any structure within the Historic District must be presented to the Flemington Historic Preservation Commission and must address the following issues, as well as any other factors the Historic Preservation Commission considers to be relevant:

a.         The structure’s historic, architectural and aesthetic significance;

b.         Its current use;

c.         Its condition;

d.         Its importance to the municipality and the extent to which its historical or architectural value is such that its removal would be detrimental to the public interest;

e.         The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty;

f.          The extent to which its retention would promote the general welfare;

g.         The extent to which its retention would encourage study and interest in Flemington’s history, stimulate interest and study in architecture and design, educate citizens in American culture and heritage, or make the municipality a more attractive and desirable place in which to live; and

h.         The probable impact of its removal upon the character and ambience of the Historic District.

H.        Relocation of Structures Out of the Flemington Historic District. 

1.         The integrity of historic districts depends on the preservation and retention in situ of the original historic structures.  Therefore, the review of applications for the relocation of any structure currently located within the Flemington Historic District to a location outside of the District will be undertaken with the greatest care.  The relocation of any structure deemed Contributing or Significant in the Historic District is generally not permitted, except when public health and safety is at risk.

2.         Applications to relocate any structure currently located within the Flemington Historic District to a location outside of the District must be presented to the Flemington Historic Preservation Commission and must address the following issues, as well as any other factors the Historic Preservation Commission considers to be relevant:

a.         The structure’s historic, architectural and aesthetic significance;

b.         Its current use;

c.         Its condition;

d.         The extent of the historic and architectural loss to the site and District that results from moving the structure from its original location;

e.         The reasons for not retaining the structure at its present site;

f.          The proximity of the proposed new location to Flemington Borough, including the accessibility by the residents of Flemington Borough and other citizens;

g.         The probability of significant damage to the structure during the relocation.

h.         The extent to which its retention would encourage study and interest in Flemington’s history, stimulate interest and study in architecture and design, educate citizens in American culture and heritage, or make the municipality a more attractive and desirable place in which to live; and

i.          The probable impact of its relocation upon the character and ambience of the Historic District.

I.          Relocation within Flemington Borough. 

1.         The integrity of historic districts depends on the preservation and retention in situ of the original historic structures.  Therefore, the review of applications for the relocation of any structure currently within the Flemington Historic District to another location within the District will be undertaken with the greatest care.  The relocation of any structure deemed Contributing or Significant in the Historic District is not permitted.

2.         Applications to relocate any structure currently located within the Flemington Historic District to another location within the District must be presented to the Flemington Historic Preservation Commission and must address the following issues, as well as any other factors the Historic Preservation Commission considers to be relevant:

a.         The structure’s historic, architectural and aesthetic significance;

b.         Its current use;

c.         Its condition;

d.         The extent of the historic and architectural loss to the site and District that results from moving the structure from its original location;

e.         The reasons for not retaining the structure at its present site;

f.          The probability of significant damage to the structure during the relocation;

g.         The extent to which its retention would encourage study and interest in Flemington’s history, stimulate interest and study in architecture and design, educate citizens in American culture and heritage, or make the municipality a more attractive and desirable place in which to live;

h.         The probable impact of its relocation upon the character and ambience of the Historic District; and

i.          The compatibility, nature and character of the current and of the proposed surrounding areas as they relate to the intent and purposes of this Ordinance.

J.         Other Requirements.

1.         Signage.  Appropriately designed signage can be an important design feature on commercial buildings in the Historic District.  The Historic Preservation Commission reviews all proposed signage on properties within the Historic District, whether or not they will be attached to a structure.  Relatively small, painted signage either mounted to the face of the building as part of the storefront design, or perpendicular to the face of the building, is encouraged.  Large, contemporary, lighted, neon, or plastic signs are not permitted, as are signs that conceal important architectural features.  In addition to the review by the Flemington Historic Preservation Commission, all signs must meet the requirements of the Flemington Land Development Ordinance, Chapter XXVI, Zoning.

2.         Awnings. Appropriately designed awnings may be acceptable on residential and nonresidential buildings.  All awnings shall be constructed and installed so that the frame and fabric of the awning is integrated into the overall building design.  Awnings shall not extend beyond a dimension appropriate with the size and scale of the subject building.  Awnings shall not be placed so as to conceal or disfigure any architectural feature or detail.  Awning materials shall be limited to cloth, canvas and similar materials; metal and aluminum awnings are prohibited.  Plastic and/or internally illuminated awnings are also prohibited.  Awnings may be solid or striped, but colors shall complement the façade colors.  If the building has several tenants, the overall awning design should be consistent and compatible across the entire façade.

3.         Public Art.  All art visible from public ways, including murals, outdoor sculpture, etc., that is being permanently attached or applied to structures in the Historic District shall be reviewed by the Flemington Historic Preservation Commission for compatibility with the design of the building and neighboring structures.

4.         Street Furniture.  The installation of all street furniture, including benches, fencing, trash cans, lighting, planters, etc., that is visible from public ways must be reviewed by the Flemington Historic Preservation Commission.  The items should be selected to fit the scale, materials and character of the Historic District.

5.         Building and Accessibility Codes. The Flemington Historic Preservation Commission does not review applications for compliance with relevant building or accessibility codes.  Compliance with these codes is the responsibility of the applicant. The Flemington HPC review in no way supersedes or alters building code or accessibility requirements, although these codes, including the Rehabilitation Subcode and Barrier Free Subcode of the Uniform Construction Code of the State of New Jersey, take into account existing conditions and the special characteristics of historic buildings. Any changes to the exterior of a building in the Flemington Historic District that are necessitated by requirements of building and handicapped accessibility codes should be designed to complement the character and style of the existing building to the greatest degree possible. 

K.         Violations and Penalties.

1.         Any person who undertakes an activity which would cause a change in the exterior architectural appearance of any improvement within the Flemington Historic District or on any individually listed structure by addition, alteration, relocation, demolition or replacement without obtaining the approval of the Flemington Historic Preservation Commission shall be deemed to be in violation of this Ordinance.

2.         Upon learning of the violation, the Construction Official for Flemington Borough shall personally serve upon the owner of the lot or property whereon the violation is occurring a notice describing the violation in detail and giving the owner 10 days to abate the violation by restoring the property, structure or improvement to the condition it was in prior to the violation occurring.  If the owner cannot be personally served within the municipality with this notice, a copy shall be posted on the site and a copy sent to the owner at his or her last known address as it appears on the municipal tax rolls.

3.         In the event that the violation is not abated within 10 days of service or posting on site, whichever is earlier, the Construction Official shall cause to be issued a summons and complaint, returnable in the Municipal Court, charging violation of this Ordinance and specifying the wrongful conduct of the violator.  Each separate day the violation exists past the initial 10 day abatement period shall be deemed to be a new and separate violation of this Ordinance.

4.         The penalty for violation past the initial 10 day abatement period shall be as follows:

a.         For each day up to 15 days, not more than $50.00 per day.

b.         For each day 16 to 30, not more than $75.00 per day.

c.         For each day beyond 30 days, not more than $100.00 per day.

5.         If any person undertakes activity which would cause a change to the exterior architectural appearance of any structure within the historic district or of any structure individually listed as historically significant within the Borough of Flemington by addition, alteration or replacement without first having obtained the approval of the Historic Preservation Commission, he or she shall be required to immediately stop the activity, apply for approval and take any necessary measures to preserve the historic structure affected, pending a decision.  If the proposed project is denied, the historic structure shall be immediately restored to its pre-activity condition.  The Construction Official is authorized to seek injunctive relief regarding a “stop action” on the activity in the Superior Court, Chancery Division, not less than 10 days after the delivery of notice pursuant to Subsection K,2 above.  Such injunctive relief shall be in addition to the penalties authorized in Subsection K,4 above.

            (Ord. No. 2010-17)

 

 

§ 1632    LANDSCAPE STANDARDS

A.         Every applicant for subdivision or site plan approval shall comply with the following minimum standards, except that, with respect to the alternative design concepts set forth below, the applicant may choose between the concepts or present an alternate design equal or superior to the design concepts in terms of quantity of landscaping materials and suitability to the site and to the proposed development. The approving Board may require additional landscaping, if necessary, to create an appropriate landscaping scheme for the site, given the nature of the site and the proposed development thereof. Where subdivisions only are applied for, the minimum standards shall apply only to street trees and to common open space and areas proposed to be dedicated to the public. (Ord. No. 2012-01)

1.         General. Landscape plans shall conform to the following general design principles:

a.         Use landscaping to accent and complement building, eg., groupings of tall trees to break up long, low buildings and lower plantings for taller buildings.

b.         Locate landscaping to provide for climate control, eg., shade trees on the south to shield the hot summer sun and evergreens on the north side for windbreaks.

c.         Provide for a variety and mixture of landscaping. The variety shall consider susceptibility to disease, colors, season, textures, shapes, blossoms, and foliage.

d.         Local soil conditions and water availability shall be considered in the choice of landscaping.

e.         Consider the impact of any proposed landscaping plan at various time intervals so that, eg., shrubs do not grow and eventually block sight distances or encroach upon road or sidewalks.

f.          All landscape plants shall be typical full specimens conforming to the American Association of Nurserymen Standards and/or Landscape Plans and Specifications for quality and installation.

g.         Assure that no aspect of the landscape design inhibits access to a development by emergency vehicles.

2.         Street Trees. Street trees shall be provided for all streets.

a.         Spacing between trees shall be 40 feet on center.

b.         The use of more than one variety of street tree along a roadway shall be provided in order to avoid problems to be associated with monoculture.

c.         Trees shall be planted in groupings of similar varieties. Use trees of similar form, height and character along a roadway to promote uniformity and allow for smooth visual transition between species.

d.         Tree variety selection shall be based upon on-site conditions and tree suitability to these conditions. The Street Tree Selection Guide with the approved street tree list shall be followed.

 

 

STREET TREE SELECTION GUIDE

Shade Trees for Street Planting

Species

Mature Height

Tall (more than 40')

Medium (30-40')

Small (less than 30')

Value as a

Street Tree

 

 

 

Comments

 

 

Botanical Name

 

 

Common Name

Acer campestre

Hedge Maple

Small

Moderate

Globe shaped, urban tolerant

Acer rubrum

Red Maple

Tall

Excellent

Globe shaped, wet site tolerant, invasive roots

A. rubrum 'Columnare'

Columnar Red Maple

Tall

Moderate

Columnar, wet site tolerate, invasive roots

A. rubrum 'October Glory'

October Glory

Red Maple

Tall

Excellent

Broad oval shape, wet site tolerant, good fall color

A. rubrum 'Scanlon'

Scanlon Red Maple

Medium

Excellent

Columnar, wet site tolerant, urban intolerant

Acer saccharum

Sugar Maple

Tall

Excellent

Broad oval shape, urban intolerant

A. saccharum 'Columnare'

Columnar Sugar Maple

Tall

Excellent

Columnar, urban intolerant

A. saccharum 'Green Mountain'

Green Mountain Sugar Maple

Tall

Excellent

Broad oval shape, urban intolerant

A. saccharum 'Temple's Upright'

Temple's Upright Sugar Maple

Tall

Moderate

Columnar, urban intolerant

Aesculus carnea 'Brioti'

Ruby Horsechestnut

Medium

Moderate

Globe shaped, red flowers, urban tolerant

Aesculus hippocastanum 'Baumanni'

Double Flowering Horsechestnut

Tall

Moderate

Narrow conical shape, double white flowers, urban tolerant

Carpinus betulus

European Hornbeam

Small

Moderate

Broad oval shape, urban tolerant

Carpinus betulus 'Fastigiata'

Pyramidal European Hornbeam

Medium

Moderate

Columnar shape, urban tolerant

Carpinus caroliniana

American Hornbeam

Small

Moderate

Spreading shape, difficult to transplant

Celtis occidentalis

Common Hackberry

Tall

Moderate

Globe shaped, wet site, dry site, urban tolerant

Cladrastis kentukea (lutea)

Yellowwood

Medium

Moderate

Globe shaped, white flowers in early summer

Fraxinus americana

White Ash

Tall

Excellent

Globe shaped, urban tolerant, spray for borers

Fraxinus pennsylvanica "Marshall's Seedless'

Marshall's Seedless Green Ash

Tall

Excellent

Wet site, urban tolerant, spray for borers

Gleditsia triacanthos inermis 'Shademaster'

Shademaster Thornless Honeylocust

Tall

Moderate

Broad oval shape, mimosa webworm problem, urban tolerant

Gleditsia triacanthos inermis 'Skyline'

Skyline Thornless Honeylocust

Tall

Moderate

Pyramidal, mimosa webworm problem, urban tolerant

Liquidambar styraciflua

American Sweet Gum

Tall

Poor-Moderate

Broad oval shape, good fall color, wet site tolerant, gumballs are litter problem

Magnolia xloebneri 'Merrill'

Dr. Merrill Magnolia

Small

Moderate

Broad oval shape, white flowers, urban tolerant

Magnolia salicifolia

Anise Magnolia

Medium

Excellent

Narrow conical shape, white flowers

Platanus acerifolia

London Planetree

Tall

Moderate

Spreading shape, urban tolerant

Platanus occidentalis

American Sycamore

Tall

Poor

Spreading shape, wet site tolerant, subject to twig blight

Pyrus calleryana 'Chanticleer'

Chanticleer Pear

Medium

Excellent

Broad oval shape, urban tolerant, white flowers, red fall color

Quercus palustris

Pin Oak

Tall

Moderate

Narrow conical, wet site tolerant, lower branches are a problem

Quercus phellos

Willow Oak

Tall

Moderate

Broad oval shape, wet site tolerant, fine texture

Quercus rubra

Red Oak

Tall

Excellent

Spreading shape, urban tolerant

Ulmus americana

American Elm

Tall

Moderate

Vase shaped, resistant to Dutch Elm Disease

Zelkova serrata 'Green Vase'

Japanese Zelkova

Tall

Moderate

Wine-glass shaped, wide canopy, resembles elm, dry site tolerant

Zelkova serrata 'Village Green'

Village Green Zelkova

Tall

Excellent

Vase shaped, resembles elm, dry site tolerant

 

e.         Trees shall be a minimum of 3 inches to 3 1/2 inches caliper (based upon American Nurserymen Standards). Within sight triangles, a single tree may be permitted only with site-specific approval of the Borough Engineer. Such trees, including those at driveways, shall be of such size as will enable them to be immediately pruned up to 7 feet branching height upon planting.

3.         Cul-de-Sacs. Cul-de-sac islands provide an opportunity to create visual interest, soften the harshness of a large paved area, increase groundwater recharge, screen headlight glare into residences, and preserve existing vegetation.

a.         All plant material shall exhibit a mature height under 30 inches or above 7 feet with no more than three trunks in order to allow for proper visibility.

b.         All plants shall be tolerant of harsh, dry roadwide conditions.

c.         Ground cover plantings shall be consistent with the degree of maintenance expected for the cul-de-sacs and of sufficient density to entirely cover the ground plane.

4.         Stormwater. Stormwater management areas include retention and detention basins, drainage ditches and swales, and wetland areas. Sensitively-designed basins and swales can benefit the health, welfare and safety of Borough residents. This may involve integration of these areas as aesthetic landscape features, naturalized wetland areas, or active and passive recreation areas, in addition to their stormwater management function.

a.         Stormwater Detention Areas.

(1)        The detention area shall be graded creatively to blend into the surrounding landscape and imitate a natural depression with an irregular edge. This shall include gentle berming and avoiding linear, geometric basins.

(2)        The quantity of trees to be planted on the interior of the basins shall be equal to the number of trees that would be necessary to cover the entire area, based upon a 20 foot by 20 foot grid to the high water line or outflow elevation. Of this number 10 percent shall be 2-2.5 inches caliper, 20 percent shall be 1-2 inches caliper, and 70 percent shall be 6-8 feet height whips. The trees shall be planted in groves and spaced 5 feet to 15 feet on center.

(3)        The ground plane shall be seeded with a naturalization, wildflower and/or wet meadow grass mix. The specific blend shall be approved by the Borough Landscape Architect.

(4)        All woody and herbaceous plants shall be species indigenous to the area and/or tolerant to typical wet/dry floodplain conditions.

TREES AND SHRUBS RECOMMENDED FOR WET SITES

Amelanchier alleghiensis

Allegheny Serviceberry

Viburnum recognitum

Arrowwood Viburnum

Aronia melanocarpa

Black Chokeberry

Nyssa sylvatica

Black Gum

Salixiinigra

Black Willow

Acer negundo

Boxelder

Celphalanthus occidentalis

Buttonbush

Sambucus Canadensis

Elderberry

Betula populifolia

Gray Birch

Fraxinus pennsyanicum

Green Ash

Vaccinium corymbosium

Highbush Blueberry

Ilex glabra

Inkberry Holly

Quercus palustris

Pin Oak

Aronia arbutifolia

Red Chokeberry

Acer rubrum

Red Maple

Cornus

Red Twig Dogwood

Betula nigra

River Birch

Amelanchier canadensis

Shadblow Serviceberry

Cornus amomum

Silky Dogwood

Acer saccharinum

Silver Maple

Alnus serrulata

Smooth Alder

Lindera benzoin

Spicebush

Salix

Streamco Willow

Rhododendron viscosum

Swamp Azalea

Rosa palustris

Swamp Rose

Quercus bicolor

Swamp White Oak

Magnolia virgineana

Sweetbay magnolia

Liquidambar styraciflora

Sweetgum

Clethra alnifolia

Sweet Pepperbush

Platanus occidentalis

Sycamore

Itea virginica

Virginia Sweetspire

Ilex verticillata

Winterberry Holly

 

(5)        Planting shall not be located within 10 feet of low flow channels to allow for maintenance.

(6)        The perimeter area (slopes above the high water line) shall include shade trees (approximately 60/1000 linear feet), evergreen trees (approximately 30 ornamental trees and shrubs screening drainage structures and creating visual interests.

(7)        Provisions for emergency access as well as general maintenance of the basins shall be reviewed by the Borough Engineer. Plantings shall be designed to disguise yet not hinder vehicular access.

(8)        Plantings are not permitted upon any dikes associates with a detention basin unless approved by the Borough Engineer.

b.         Stormwater Retention Areas - Open Space/Recreation Features. This landscape treatment can take on a variety of landscape forms, from formal reflecting pools and canals or entry fountain features to natural park-like lakes and ravines.

(1)        Water fountains/features are encouraged in the design of research and developments.

(2)        The waters edge shall be easily maintained and stable. Possible treatments might include rip-rap, stone walls, natural plantings, decking and bulkheads.

(3)        The planting of the perimeter of the feature shall accentuate views and interest and integrate pedestrian paths, sitting areas, and other uses.

(4)        Plantings shall include formal or informally-massed deciduous and evergreen trees and shrubs to screen and frame views with ornamental trees, shrubs and grasses used for visual interest or special effects. A continuous landscape area shall be provided.

(5)        If used as a recreational feature, the connection to the water must be addressed and controlled. The types of uses shall be specified and the plantings and pedestrian spaces shall be integrated with these uses.

(6)        Plants with pervasive root systems shall not be located where they may cause damage to drainage pipes or other underground utilities.

(7)        All engineered basin structures shall be designed to blend into the landscape in terms of construction materials, color, grading and planting.

5.         Open Space. Common or public open space provided as a part of any cluster development shall be landscaped in one of the following ways, depending upon the intent of the use for the open space.

a.         Preservation of Open Space. This treatment is appropriate in areas adjacent to and inclusive of natural amenities to be preserved, such as wooded areas, water bodies; streams and wetlands, as well as other undevelopable areas

            The following standards shall apply:

(1)        Use open space to preserve existing natural amenities during site planning.

(2)        Provide pedestrian walkways and bridges as necessary to connect to open space on adjacent tracts of land.

(3)        Cleared areas shall be renaturalized where appropriate.

(4)        The planting quantities and sizes for renaturalized areas shall be as per renaturalization standards.

(5)        The ground plane shall be seeded with a naturalization wildflower and/or meadow grass mix. The specific blend shall be approved by the Borough Landscape Architect.

b.         Recreation Open Space. Recreational open space includes lands provided for active recreation and passive recreation and as additions to park lands. It can take on many forms, from a tot lot or tennis and swimming complex in a residential development to an English landscape garden in an office development. The landscape treatment of these areas shall address safety, visual interest, microclimate and use.

            The following standards shall apply:

(1)        The proposed use of all open space areas shall be indicated and comply with Borough ordinances.

(2)        Open space in commercial, office or similar developments shall include sitting and outdoor eating areas. Provisions for other active and passive recreation facilities is encouraged.

(3)        Grading and plantings of the recreation area shall remain consistent with the overall landscape design. The landscape design shall consist of massed deciduous and evergreen trees and berms to create spaces and views and ornamental trees and shrub masses for visual variety, interest and detail.

(4)        Plants shall be provided in a mix of sizes with shade trees averaging 2-2.5 inches caliper, ornamental and evergreen trees averaging 6-8 feet in height and shrubs 24-36 inches height.

(5)        In general, plants shall be provided at the following rate:

(a)        Shade trees - 15 per acre

(b)        Evergreen Trees - 5 per acre

(c)        Flowering Shrubs - 3 per acre

(d)        Shrubs - 20 per acre

            The above quantities do not include plants necessary to achieve screening, which shall be provided.

(6)        Irrigation of all open space/planted areas within non‑ residential developments shall be provided.

(7)        All plants shall be tolerant of specific site conditions, which shall be indigenous species. Exotic, invasive plant species are not permitted.

(8)        Suggested improvements for residential recreation open space areas include a tot lot (play structure with slide and a separate swing set), an open air shelter, an open lawn area for open field play, pedestrian pathways, and benches. Other improvements shall be provided as required by ordinance based upon population.

(9)        The adjacent residences shall be partially screened from play areas using berms and planting.

(10)      If a recreation facility fronts onto a roadway, a post and rail fence or other protective measures may be integrated to provide protection and separation. The adjacent street tree planting shall be continued along this area, and any reverse frontage buffer planting shall be integrated with open space planting.

(11)      All open space should optimally be located centrally within a development. In large developments, several smaller facilities may be appropriate. Adequate access from buildings, roadways, and other open space areas shall be provided. Pedestrian easements between lots, connecting to open space areas in another development or a public facility, shall be provided.

6.         Buffers. Landscaping buffers are areas provided to minimize and screen any adverse impacts or nuisances on a site or from any adjacent area. Included within any landscape buffer area shall be a landscape strip consisting of trees, conifers, shrubs, berms, and if appropriate, fences or walls and providing a completely planted visual barrier. In areas of less than 25 feet width, the provisions of the windbreak/heavy buffer requirements shall be followed.

a.         Nonconforming Use Buffer. These buffers shall be provided where a residential zone abuts an area currently used or zoned for a different or higher intensity use. The following landscape treatment shall be provided to assure complete visual screening.

(1)        Provide a buffer area as per zoning ordinance yard/setback requirements.

(2)        Preserve existing trees within the provided landscape buffer area. If existing vegetation is insufficient, the landscape strip shall be supplemented with new understory plantings of shade-tolerant coniferous and ornamental trees in naturalistic groupings in order to provide a complete visual screen.

(3)        Areas void of existing vegetation shall receive landscape treatment including berming and planting consisting of groupings of predominantly evergreen trees, with deciduous and ornamental trees and shrubs for visual interest and variety.

(4)        Berming shall be 2-8 feet in height and meander in a naturalistic manner without adversely affecting natural drainage.

(5)        Planting shall consist of evergreen trees of minimum height 6-8 feet planted 10 feet on center, shade trees 2 1/2-3 inches caliper, flowering tree 4-5 feet height and shrubs 2 feet high, planted in naturalistic groupings of mixed plant varieties and sizes.

b.         Reverse Frontage Buffer. Reverse frontage screening shall be required where residential units and/or lots back onto any arterial or major collector street. The following landscape treatments shall be provided in order to screen private residential spaces from the roadway.

(1)        Provide a continuous landscape/sidewalk easement or open space strip of not less than 50 feet width.

(2)        Preserve existing trees within the provided landscape buffer area. Supplement understory with shade tolerant naturalistic massed plantings of evergreen and ornamental trees in order to complete screening of residences. Meander sidewalk into new plantings and, as necessary, to preserve existing trees.

c.         Filtered Buffer. Filtered screening shall be required around the perimeter of parking areas and where interior roads run parallel with other roads, parking areas, or the perimeter of a site in order to screen unsafe distractions and avoid confusion.

            The following standards shall apply:

(1)        Provide landscape buffer area of 25 feet in width or as per zoning ordinance front yard requirements, whichever is greater.

(2)        Preserve existing trees within the landscape buffer area. If existing vegetation is insufficient, the landscape strip shall be supplemented with new understory plantings of shade-tolerant coniferous and ornamental trees in naturalistic groupings.

(3)        In areas of necessary disturbance, existing quality vegetation shall be relocated for use in other areas. Detailed plans for tree removal and relocation must be made on plans and in the field (tag trees) for review and inspection.

(4)        The landscape design shall provide shade for parking areas and evergreen and ornamental trees to screen nuisances and emphasize appropriate views.

(5)        All plants shall be tolerant of harsh roadside conditions.

(6)        If a 25 feet landscape strip cannot be provided, a row of evergreen trees or a combination of a low wall and berm with planting may be required.

d.         Windbreak/Heavy Screening. Windbreak screening shall be required where necessary to provide windbreak or to stop windborne debris from leaving a site. This type of screening may also be required in undersized buffer areas or around outdoor storage facilities. The following standards shall apply:

(1)        Provide a landscape strip consisting of a double staggered row of evergreen trees of 6-8 feet height spaced 8 feet on center.

(2)        If a landscape buffer area is less than 10 feet wide, or windborne debris is produced, then a fence may be required in addition to planting.

(3)        All outdoor storage facilities shall be screened with a landscape strip. If the strip is less than 10 feet wide, a fence shall be required.

(4)        If a fence is required, it shall be 6 feet high and of a design consistent with the architecture of the principal building. Planting shall be included in any fencing plan.

e.         Parking Areas. The objectives of the landscape architectural treatment of all parking areas shall be to provide for safe and convenient movement of vehicles, to limit pedestrian/vehicular conflicts, to limit paved areas, to provide for screening from public right-of-way and buildings, to soften the overall visual impact of parking lots, and to provide shade and reduce heat island effects.

(1)        Large parking lots shall be subdivided into modules of 10-12 spaces on a side. Separation of modules should be achieved by a landscape buffer area and strip of 10 feet width. Integrating pedestrian circulation into these strips should be considered.

(2)        Trees within the parking areas shall be provided at a minimum rate of 1 tree per 3 parking spaces, except where the normal spread of the tree exceeds 30 feet. Preservation or relocation of existing trees greater than 5 inches in caliper is encouraged to meet this requirement. Landscape buffer or parking area perimeter plantings do no satisfy this requirement.

(3)        Any parking area in a front yard or within clear view from the public right-of-way shall be screened from view by a landscape buffer area.

(4)        Parking areas shall be screened from interior drives using evergreen, deciduous and flowering trees and shrubs to create a continuous landscape strip of 10 feet minimum width. Consider integration of pedestrian walkways within these strips.

(5)        Plant sizes shall be a minimum 2.5-3 inch caliper for shade trees, 5-6 feet height for evergreen and ornamental trees and 2 feet height for shrubs.

(6)        Parking lot lighting should be sited within landscape islands. However, trees shall not hinder safe lighting coverage. Therefore, varieties must be considered. Shade trees should be used so as to reduce glare to adjacent properties, buildings and roadways.

(7)        Pedestrian and vehicular conflicts shall be minimized through design, yet, when necessary, clearly indicated by change of paving and/or plant material.

7.         Amenities/Resources. The objectives of landscape architectural treatment of sites inclusive of historic resources and natural amenities shall be to preserve and enhance such amenities for present and future residents. Historic resources and natural amenities are areas of unique landscape character. This may include, but is not limited to, bodies of water, streams, wetlands, windbreaks, groves of trees, hedge rows, orchards, unique vistas, farmsteads, villages and historic structures and landmarks. Land developments in the Borough shall be designed to preserve and utilize these amenities as features. The architectural, site plan and landscape architectural design shall utilize these amenities for design themes, preserving their heritage and enhancing their significance.

8.         Provisions Applicable to Site Plans and Subdivisions.

a.         Utilize the uniqueness of the existing bodies of water, groves of trees, hedge rows, historic structures and landmarks, and farmsteads within the site plan as features.

b.         Respect the historic value and character of the villages and hamlets which exist in the Borough. Development within these areas shall conserve their individual character.

c.         Provide landscaping as required, integrated with existing vegetation or historic landscape themes.

d.         When appropriate, the development of historical markers or displays in coordination/agreement with the Historic Preservation Commission shall be required.

e.         Use of native plants and xeriscaping is encouraged in order to reduce the need for water, pesticides and chemical fertilizer in planted areas. (Ord. No. 2012-01)

9.         Landscape Maintenance. A landscape management/ maintenance specification shall be provided in conjunction with all approved subdivisions as to street trees, common open space and areas to be dedicated to the public and all approved site plans.

10.       Water Conservation. All sprinkler and irrigation systems installed on or after the adoption date of this Ordinance are required to include automatic rain sensors which prevent watering during and shortly after precipitation. (Ord. No. 2012-01, adopted 3-12-12)

11.       Tree Replacement Alternatives. (Ord. No. 2005-27)

            All required trees shall be planted on the site in compliance with Section 1632, Landscaping Standards. In the event relief shall be requested by the applicant based upon practical physical difficulties and undue hardship related to the condition of the site, the Board shall solicit comments and recommendations of the Borough Engineer and Borough Planner in determining whether the relief requested by the applicant shall be granted.

            In lieu of planting the required trees, the Board may permit the applicant to make an in lieu of payment to be deposited in the Borough of Flemington Tree Fund as established by this chapter. The contribution, in lieu of planting the trees, shall be $550.00 for each tree and shall be deposited in the Borough Tree Fund prior to the Borough issuing any building permits for the development.

12.       Tree Fund. (Ord. No. 2005-27)

            There shall be established a Borough Tree Fund for the purposes set forth in this chapter.

a.         All funds collected from an applicant, as a contribution in lieu of planting trees shall be deposited in a dedicated account clearly designated as the Borough of Flemington Tree Fund. All funds so deposited shall be used exclusively for the planting of trees. This fund may be used to plant trees on private property locations facing a street, public property and rights-of-way, including but not limited to public parks, public schools, and public buildings.

b.         The Tree Fund shall be administered by the Shade Tree Commission, who shall report to the Borough Council on an annual basis detailing the use of the fund.

 

 

§ 1633    LIGHTING

A.         Street lighting of a type supplied by the applicable utility and of a type and number approved by the approving authority shall be provided for all street intersections and along all arterial, collector and local streets and anywhere else deemed necessary for safety reasons. Wherever electric utility installations are required to be underground, the applicant shall provide for underground service for street lighting.

B.         All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, multiple family, recreational or other uses having common off-street parking and /or loading areas shall be adequately illuminated for security and safety purposes. The lighting plan in and around the parking areas shall provide for non-glare lights focused downward. The light intensity provided at ground level shall be indicated in footcandles on the submitted site plans and shall average at least 0.5 footcandles at intersections. Refer to Exhibit A for other areas to be illuminated. Lighting shall be provided by fixtures with a mounting height not more than 25 feet or the height of the building, whichever is less, measured from the ground level to the centerline of the light source.

C.        Any other outdoor lighting such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, traffic safety and overhead sky glow. The objectives of these specifications are to minimize undesirable off-premises effects. No light shall shine into building windows, nor onto streets and driveways so as to interfere with or distract driver vision. Maximum vertical illumination when measured at a point 5 feet within the adjacent property line and at a height of 5 feet and facing the light fixtures, shall be no greater than 0.1 vertical footcandles. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval. Wall mounted fixtures are only permitted if directed into a site and not positioned towards neighboring properties or public streets.

1.         Exhibit A - Illumination Standards for Street, Parking, and Pedestrian Areas.

a.         Street Illumination.

 

Area Classification

 

 

Street Hierarchy

Commercial (Maximum Footcandles)

Intermediate (Maximum Footcandles)

Residential (Maximum Footcandles)

Collector/or greater

1.2

0.9

0.6

Minor-residential subcollector

0.9

0.6

0.4

Local

0.6

0.4

0.4

 

b.         Parking Illumination - (Open parking facilities).

 


Vehicular Use Area Only

General Parking
& Pedestrian Safety

Level of Activity

Maximum Lux

Maximum Footcandles

Maximum Lux

Maximum Footcandles

Low activity

5

0.5

2

0.2

Medium activity

11

1

6

0.6

High activity

22

2

10

0.9

 

c.         Pedestrian Way Illumination - Average Levels for Special Pedestrian Security.





Walkways & Bikeway Classification


Maximum Average Level Footcandles

Mounting Heights 3 to 5 meters
(9 to 15 feet) Footcandles

Mounting Heights 5 to 10 meters
(15 to 30 feet) Footcandles

Sidewalks (roadside) and Type A bikeways:

 

 

 

                Commercial Areas

0.9

2.0

4.0

                Intermediate Areas

0.6

1.0

2.0

                Residential Areas

0.2

0.4

0.8

Walkways distant from roadways and Type B bikeways, park walkways and bikeways

0.5

0.6

1.0

Pedestrian Tunnels

4.0

5.0

-

Pedestrian Overpasses

0.3

0.4

-

Pedestrian Stairways

0.6

0.8

-

(Ord. No. 2012-01)

 

D.        Outdoor lighting levels shall be reduced by at least 30 percent after 11:00 p.m. or during nonoperating hours, whichever is later. Reduced lighting levels shall not apply to the following:

1.         Lighting necessary for emergency purposes.

2.         With the exception of landscape lighting, lighting for residential properties including multi-family properties, not having common areas.

3.         Code required lighting for steps, stairs, walkways, and building entrances.

4.         Motion activated lighting.

            (Ord. No. 2012-01)

 

 

§ 1634    CONNECTIVITY AND COMPLETE STREETS

A.         Pedestrian sidewalks shall be provided on both sides of all streets. Sidewalks shall be 5 feet wide in nonresidential zone districts and 4 feet wide in residential districts. In general, sidewalks shall be placed in the right-of-way, parallel to the street unless an exception has been permitted to preserve topographical or natural features, or to provide visual interest, or unless the applicant shows that an alternative pedestrian system provides equally safe and convenient circulation. Sidewalks may be placed in a public access easement adjoining the right-of-way in order to provide sufficient room for various functions within the right-of-way, as follows:

B,         Handicapped Passage. Sidewalks and walkways less than 6 feet in width shall provide widened areas at least every 200 lineal feet sufficient to permit the passage of 2 wheelchairs in opposite directions. The widened area shall be at least 6 feet wide. In general, this requirement may be met through the intersection of driveway's paved surfaces with sidewalks.

C.        Sidewalks and graded areas shall comply with the design criteria of the American with Disabilities Act and New Jersey Department of Transportation.

D.        In addition to required sidewalks along streets, commercial developments shall provide internal sidewalks creating convenient linkages between the commercial development and all surrounding streets. Internal sidewalks shall be provided linking such commercial development to adjoining nonresidential developments. Cross-access easements shall be provided for such pedestrian linkages.

E.         Permeable paving materials shall be used where appropriate, such as but not limited to emergency access drives.

F.         Bicycle lanes, where required, shall be placed in the outside lane of a roadway, adjacent to the curb or shoulder. When on-street parking is permitted, the bicycle lane shall be between the parking lane and the outer lane of moving vehicles.

G.        Bicycle Parking.

1.         Bicycle parking facilities shall be provided where 20 or more vehicle parking spaces are required for nonresidential or multi-family development.

(a)        Nonresidential Uses. Bicycle parking spaces shall be provided for a rate of 1 bicycle space for each 20 vehicle parking spaces required under Section 2629 herein, with a minimum requirement of 2 bicycle parking spaces.

(b)        Residential Use. Only multi-family development shall be required to provide bicycle parking at a rate of 1 bicycle space for each 5 dwelling units.

2.         Bicycle parking areas shall be designed to provide secure anchoring for locking devices.

3.         Bicycle parking shall be located 4 feet from all building entrances, fire hydrants, curb ramps, etc. and shall be placed to avoid conflicts with pedestrians and vehicles.

4.         Bicycle parking shall be placed within 50 feet of the building entrance.

H.        The creation of cul-de-sacs shall be prohibited. All new streets shall connect to an existing or proposed street.

            (Ord. No. 2012-01)

 

CHAPTER XVI DESIGN AND PERFORMANCE STANDARDS
Published by ClerkBase
©2019 by Clerkbase. No Claim to Original Government Works.