[Amended 7-7-1983 by Ord. No. 251; 6-21-1988 by Ord. No. 306; 9-1-1988 by Ord. No. 316]
Any application for development shall demonstrate conformance
to design standards that will encourage sound development patterns
within the Township. Each development submitted for review and approval
in accordance with this chapter shall conform to the design and performance
standards and requirements contained herein.
All developments shall conform to the proposals and conditions
or standards shown on the adopted Township Master Plan. The conformance
to and impact upon proposed streets, drainage rights-of-way, school
sites, public parks, recreational areas or open spaces, scenic sites,
historic sites, community facilities, utilities or conservation areas
or other facilities shown on the officially adopted Master Plan shall
be considered by the Planning Board in the review of plats and plans
and may be referenced by it in setting conditions for the approval
of any proposed development.
A.
Future development. All improvements shall be designed and installed
to connect with any existing facilities and to enable future connections
or extensions of expanded or new facilities. Whenever possible, improvements
shall be designed to handle all present and probable future development
to a reasonable extent.
B.
Character of land. Land which the Planning Board finds to be unsuitable
for proposed lots or their use due to environmental constraints, such
as but not limited to flooding, improper drainage, steep slopes, soil
conditions, adverse topography, utility easements, the effect such
lots would have on remaining lands or other features, or characteristics
which can reasonably be expected to be harmful to the health, safety
and general welfare of the present or future inhabitants of the development
and/or its surrounding areas, shall not be subdivided, and site plans
shall not be approved unless adequate and acceptable methods which
will meet the standards and regulations of this chapter and other
applicable regulations are formulated by the developer to solve the
problem(s) or adverse effect(s).
C.
Land straddling municipal boundaries. Whenever a development abuts
or crosses a municipal boundary, access to lot or lots within said
development within the Township shall be from the Township. Developments
located within another municipality but having their access from the
Township shall not be permitted.
[Amended 1-19-1996 by Ord. No. 449]
D.
Development name. The proposed name of any development shall not
duplicate or too closely approximate the name of any other development
in the Township; nor shall a proposed name of a development use as
part of its name the name of another municipality adjoining or within
reasonable distance from the Township of Upper Deerfield. The Planning
Board shall have final authority to designate the name of a proposed
development. This subsection shall not apply to any established development
which is within the Township or proposes to move into the Township.
A.
The following specific standards shall apply:
(1)
Access.
[Amended 1-19-1996 by Ord. No. 449]
(a)
Where a driveway serves right-turning traffic from a parking
area providing 200 or more parking spaces the abutting road is an
arterial road as classified in the adopted Township Master Traffic
Plan, and/or the abutting road has a peak-hour traffic volume exceeding
1,000 vehicles per hour, an acceleration lane shall be provided in
accordance with A Policy of Geometric Design of Urban Highways, published
by the American Association of State Highway and Transportation Officials.
(b)
Where a driveway serves as an entrance to a development providing
50 or more parking spaces, a deceleration lane shall be provided for
traffic turning right into the driveway from any collector or arterial
road, as classified in the adopted Township Master Traffic Plan. The
deceleration lane is to be at least 200 feet long and at least 13
feet wide, measured from the abutting road curbline. A minimum forty-foot
curb return radius will be used from the deceleration lane into the
driveway.
(c)
It is the intent of this subsection to limit accesspoints from
roadways designated as collector or arterial roads on the adopted
Township Master Traffic Plan in order to preserve the road-carrying
capacity and traveling safety along said roads. No driveway or access
from an arterial roadway shall be permitted unless the site involved
has a minimum site frontage of 500 feet. Such access shall only be
permitted where access is not available from another roadway or where
reverse frontage or a marginal access road are not possible due to
the size and shape of the parcel of land involved.
(d)
The Planning Board may, where deemed appropriate due to existing
traffic or an increase in traffic caused by a proposed development
or use, make similar restrictions on access in connection with a collector
roadway, as classified in the adopted Township Master Traffic Plan.
(2)
Bikeways.
(a)
Bikeways shall be required when, in the Planning Board's opinion,
depending on the probable volume of bicycle traffic to be generated
in a given development, the development's location in relation to
other populated areas, or its location with respect to any overall
bikeway route or trail adopted by the Planning Board or other governmental
agency, provision of a bikeway(s) would be needed and useful. Bicycle
traffic shall be separated from motor vehicle and pedestrian traffic
as much as possible.
(b)
Bikeways shall generally not exceed a grade of 3%, except for
short distances, and they should be a minimum of five feet wide for
one-way and eight feet wide for two-way travel. Bikeways shall be
designed and constructed in accordance with the specifications and
standards of the Township Engineer.
(3)
Blocks.
(a)
Block length, width and acreage shall be sufficient to accommodate
the size lot required in the zoning district in which it will be located
and to provide for convenient access, circulation control and safety
of street traffic.
(b)
Blocks over 1,000 feet long in residential areas shall be discouraged,
but where they are used, pedestrian crosswalks or bikeways between
lots may be required in locations deemed necessary by the Planning
Board and shall be at least eight feet wide. Blocks over 1,500 feet
in residential areas shall be prohibited. For commercial and industrial
uses, block lengths shall be sufficient to meet area and yard requirements
for such uses and to provide proper street access and circulation
patterns.
(4)
Landscaping requirements.
[Added 7-7-2011 by Ord. No. 674[1]]
(a)
Purpose. The purpose of this Subsection A(4) is to establish minimum standards for the provision, installation, and maintenance of landscape plantings in order to achieve a healthy, beautiful, and safe community. These regulations are intended to:
[1]
Foster aesthetically pleasing development that will protect
and preserve the appearance and character of the community.
[2]
Increase the compatibility of development with both adjacent
development and the natural environment.
[3]
Improve environmental quality by recognizing the numerous beneficial
effects of landscaping upon the environment.
[4]
Maintain and increase the value of land by requiring landscaping
to be incorporated into development, thus becoming by itself a valuable
capital asset.
[5]
Provide direct and important physical and psychological benefits
to human beings through the use of landscaping to reduce noise and
glare, and to break up the monotony and soften the harsher aspects
of urban development.
[6]
Eradicate or control certain exotic plant species that have
become nuisances because of their tendency to damage public and private
works, to have a negative effect upon public health, or to disrupt
or destroy native ecosystems.
[7]
Promote innovative and cost-conscious approaches to the design,
installation, and maintenance of landscaping.
[8]
Establish procedures and standards for the administration and
enforcement of this Landscaping Ordinance.
(b)
Applicability.
[1]
This landscape ordinance shall apply to all public, private,
and institutional development, except as specifically exempted herein.
Previously approved development need not comply unless new site development
approval is being sought.
[2]
General requirements for landscaping of yard areas and for landscape
strips along front and side lot lines are not imposed on any residential
subdivision for single-family or two-family development or on the
lot when a single-family or two-family dwelling is to be constructed.
[3]
The requirements of this Subsection A(4) shall be applicable to the buffer yard, streetscape, street buffer, yard, parking lots and stormwater basins specifically stated in the subsection. Portions of a developed site that are outside those specific areas shall not be governed by these landscape requirements.
(c)
ACTIVE FARM USE
BIORETENTION BASIN
BIORETENTION SWALE
BIORETENTION SYSTEM
CALIPER
CRITICAL ROOT ZONE
DECIDUOUS
RAIN GARDEN
SCREEN
[1]
[2]
SHRUB
TREE-SAVE AREA
TREE TYPES
[1]
[2]
[3]
Definitions. Unless specifically defined below, words or phrases used in this Subsection A(4) shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this subsection its most reasonable application.
Land which is actively farmed or which is assessed as active
farmland at the time the subdivision or site design is submitted for
approval or which supported active farming operations such that it
qualified for farmland assessment pursuant to the New Jersey Farmland
Assessment Act, N.J.S.A. 54:4-23.1 et seq., within three years prior
to the date of the submission of a development application for the
parcel.
The maximum water depth during treatment of the stormwater
quality design storm shall be 12 inches in a bioretention basin.
An open, shallow, vegetated channel that slows runoff, filters
it, and promotes infiltration into the ground. To function properly,
swales must be carefully designed and maintained. The vegetation in
swales helps to trap pollutants and reduces the velocity of stormwater
runoff, which allows it to percolate into the ground. Vegetated swales
can be used along driveways, interior roadways, within parking lots
and within street-side street tree planting areas. The maximum water
depth during treatment of the stormwater quality design storm shall
be 18 inches in a bioretention swale.
Consists of a soil bed planted with native vegetation located
above an underdrained sand layer. It can be configured as either a
bioretention basin or a bioretention swale. Stormwater runoff entering
the bioretention system is filtered first through the vegetation and
then the sand/soil mixture before being conveyed downstream by the
underdrain system.
The diameter of a tree that has not yet been planted measured
at a point six inches above the ground for up to and including four-inch-caliper
trees, and at a point 12 inches above the ground for larger sizes.
The minimum area beneath a tree that must be left undisturbed
in order to preserve a sufficient root mass to give a tree a reasonable
chance of survival. The Critical Root Zone (CRZ) will typically be
represented by a concentric circle centering on the tree's trunk with
a radius equal in feet to 1.5 times the number of inches of the trunk
diameter. Example: The CRZ radius of a twenty-inch-diameter tree is
35 feet.
A plant with foliage that is shed annually.
A shallow (two inches to 12 inches) depression, typically
planted with colorful native plants, strategically located to collect,
infiltrate and filter rain that falls on hard surfaces like roofs,
driveways, alleys, or streets to minimize negative impacts of excessive
runoff from these surfaces on lakes and streams.
Natural vegetation or a decorative structure that creates an
opaque visual block or obscures an unattractive view. Screening may
consist of any combination of the following, as approved by the Township:
For the purpose of this ordinance, a screen is opaque to a height
of six feet above the ground surface or, for a screen of plant materials,
has the maximum opacity obtainable with the approved arrangement and
species of plant materials, to a height of six feet.
A woody plant, smaller than a tree, consisting of several
small stems from the ground or small branches near the ground; may
be deciduous or evergreen.
All areas designated for the purpose of saving specimen trees
or preserving natural buffers.
EVERGREENA tree with foliage that persists and remains green year-round.
ORNAMENTALA deciduous tree planted primarily for its ornamental value or for screening purposes; tends to be smaller at maturity than a shade tree.
SHADEUsually a deciduous tree, rarely an evergreen, planted primarily for its high crown or foliage or overhead canopy.
(d)
Preservation of existing features.
[1]
Trees and shrubs already existing on land subject to the provisions
of this chapter shall be preserved wherever feasible. Criteria for
judging the feasibility of retaining existing vegetation include:
[a]
The practicability of arranging site plan components
around existing features. In general, plans for groups of structures
should be designed so as to preserve tree masses, individual tree
specimens, and small stands of trees or shrubs;
[b]
The condition of the vegetation with respect to
continued vitality;
[c]
The amount of healthy vegetation the area involved
will support;
[d]
The practical and economic possibility of designing
the location and grades of proposed structures and paving to preserve
existing vegetation;
[e]
The desirability or lack thereof of a particular
tree or species by reason of its appearance; historic or ecological
significance; botanical characteristics; and the function the vegetation
would fulfill as a site plan component;
[f]
Interference with utility services or encroachment
into the traffic visibility triangle; and
[g]
The possibility of preserving the vegetation while
meeting the development needs through pruning rather than removal.
[2]
Existing trees that are preserved will contribute to the required
landscaping, based on individual tree types. For each shade tree that
is preserved, which is greater than six-inch caliper, and is found
on the approved list, the number of new shade trees to be installed
shall be reduced by two trees. Shrubbery will be evaluated in the
same manner as new trees based on the species. Such credit shall apply
only to the required landscaping for the specific buffer yard, parking
lot, commercial strip, or lot on which the existing vegetation is
located.
[3]
Substantial barriers shall be specified on the landscape plan
and shall be placed at or beyond the dripline of trees to be protected.
These barriers shall remain in place during heavy construction on
the site, and no vehicle, machinery, tools, chemicals, construction
materials, or temporary soil deposits may be permitted within the
barriers, nor may any notice or other object be nailed or stapled
to protected trees.
[4]
Where trees are to be preserved in areas of cut or fill, specific
grading measures or other protective devices, such as tree wells,
tree walls, or specialized fill and pavement designs shall be required
and shall be fully detailed on the landscape plan.
[5]
For existing trees that are proposed to be retained in order
to meet the minimum requirements of this Code, the following provisions
shall apply:
[a]
Damage prohibited. No person shall:
[i]
Cut, carve, or otherwise damage or remove any tree
except in accordance with the provisions of this Code.
[ii]
Attach any wire, nails, advertising posters, or
other contrivance harmful to any tree.
[iii]
Allow any gaseous, liquid, or solid substance
which is harmful to trees (such as concrete washout, fuel, lubricants,
herbicides, paint) to come in contact with the trees or their root
zone.
[iv]
Set a fire or permit any fire to burn when such
fire or the heat thereof will injure any portion of any tree.
[b]
Construction standards.
[i]
Tree protection devices are necessary to eliminate
activities detrimental to trees, including but not limited to:
[A]
Soil compaction in the critical root zone resulting
from heavy equipment, vehicular or excessive pedestrian traffic, or
storage of equipment or materials;
[B]
Root disturbance due to cuts, fills or trenching;
[C]
Wounds to exposed roots, trunks or limbs by mechanical
equipment;
[D]
Other activities such as chemical storage, cement
truck cleaning, waste disposal, fires, etc.
[ii]
Location and types of tree protection devices.
[A]
Tree protection devices are to be installed and
shown on the plan to completely surround the critical root zone.
[B]
Active protection (see Materials, Subsection A(4)(d)[5][b][iii]
below) is required where tree-save areas are located in proximity
to construction activity.
[C]
The locations of all tree protection devices will
be verified prior to the issuance of the construction permit for clearing
and/or grading.
[D]
Once protected zones are established and approved,
any changes are subject to review and approval by the Township.
[iii]
Materials. Active tree protection shall consist
of chain link, orange laminated plastic, wooden post-and-trail fencing
or other equivalent restraining material.
[iv]
Sequence of installation and removal. All tree
protection devices shall be installed prior to any clearing, grubbing
or grading. The Township will inspect the installation of tree protection
and erosion and sedimentation control devices prior to the issuance
of the construction permit. Tree protection must remain functional
throughout all phases of development and shall be removed prior to
issuance of a certificate of occupancy.
[v]
Other specifications.
[A]
Clearing. Where clearing has been approved, trees
shall be removed in a manner which does not adversely impact the trees
to be preserved. Avoid felling trees into or disturbing roots inside
the protection zones. Roots shall be cut cleanly before tree removal.
[B]
Erosion and sedimentation control. All erosion
and sedimentation, control measures shall be installed in a manner
which will not result in the accumulation of sediment in a tree protection
zone.
[C]
Signage. All tree protection zones shall be designated
as such with "Tree-Save Area" signs posted visibly on all sides of
the fenced-in area. These signs are intended to inform subcontractors
of the tree protection process.
[D]
Signs requiring subcontractor cooperation and compliance
with the tree protection standards shall be posted at the site entrances.
[c]
Prohibited activities.
[i]
Compaction prohibited. All building materials, vehicles, construction
equipment, dirt, debris, or other objects likely to cause soil compaction
or aboveground damage shall be kept outside the critical root zone.
Where a limited amount of encroachment is unavoidable, the critical
root zone shall first be cut cleanly, then immediately mulched with
a four-inch layer of processed bark or wood chips or a six-inch layer
of straw.
[ii]
Grade change prohibited. There shall be no raising or lowering
of the ground level within the critical root zone. Stripping of topsoil
in the critical root zone is prohibited. Where necessary, the use
of moderate fill is permitted only with prior installation of an aeration
system. Deposition of sediment in the critical root zone shall be
prevented by placement of sediment barriers, which shall be backed
by two-inch-by-four-inch wire mesh in areas of steep slope.
[iii]
Ditches prohibited. No person shall excavate
any ditch or trench within the critical root zone. Where such encroachment
is unavoidable, ditches or trenches shall be so located as to minimize
root damage. If roots must be cut, they must be cut cleanly and immediately
mulched.
[iv]
Paving prohibited. No person shall pave with concrete, asphalt,
or other impervious material within the critical root zone.
(e)
General landscaping requirements. All land areas that are not covered with buildings and pavement or used for agricultural purposes shall be appropriately landscaped in accordance with the requirements of this Subsection A(4)(e). Landscaping shall be provided in the areas specified and of the minimum intensity specified below.
[1]
The tables of materials included in this chapter are classified
by type. Trees are grouped into three categories: shade trees, ornamental
trees, and evergreens. Shrubs are grouped by height: small shrubs
(less than two feet), medium shrubs (two feet to six feet), and large
shrubs (greater than six feet). Plant materials not listed on the
tables will be assigned a classification based on height, spread,
and/or crown at maturity, using the best available resources to determine
mature characteristics. For design flexibility, deciduous plant substitutions
may be made on the following basis; however, required evergreen plant
material shall not be substituted:
[2]
Where front and rear yards overlap side yards, the yard shall
be treated as part of the yard having the greater requirement.
[3]
The scale and nature of landscape materials shall be appropriate
to the size of the structures and the available space. Materials shall
be located to avoid interference with overhead and underground utilities
and utility easements or vehicular or pedestrian movements and visibility.
Growth characteristics should be carefully considered.
[4]
Plant material shall be selected to achieve an intended purpose
such as shading, screening, ornamentation, wildlife habitat, etc.
[5]
The planting patterns of plant material shall be staggered and
mixed in order to avoid long, monotonous and repetitive edges, especially
along roadways.
[6]
Trees shall be planted to maintain a minimum five-foot clearance
between the tree trunk and structures, building overhangs, walls,
fences, and other trees.
[7]
Plantings should be arranged to promote energy conservation
wherever practicable; e.g., use of tall deciduous trees on the south
and west sides of buildings to provide shade from the summer sun and
planting evergreens on the north of buildings to dissipate the effect
of winter winds.
[8]
Ground-mounted heating and cooling units for nonresidential
or multifamily structures and aboveground fuel tanks shall be adequately
screened so as not to be visible from public streets and/or adjacent
properties.
[9]
Turf grass areas shall be consolidated and limited to those
areas on the site that receive pedestrian traffic, provide for recreational
uses, provide soil erosion control such as on slopes or in swales,
where turf grass is used as a design unifier, or other similar practical
use. The landscape plan shall label the intended use of turf areas.
[11]
A layer of organic mulch, installed to a minimum
depth of two inches, shall be specified on the landscape plans in
plant beds and around individual trees in turf grass areas. Mulch
shall not be required in annual beds.
[12]
Where stone or other inert materials are to be
used for ground cover, these materials shall be specifically identified
on the landscape plan. Any area not so designated shall be required
to have grass or vegetative ground cover.
[13]
All landscaping shall conform to the regulations established for visibility triangles to maintain safe sight distances and intersections and points of access as designated in § 405-62A(39) of the Upper Deerfield Code.
[14]
Except as provided in § 405-62A(4)(h) below, all landscape areas shall be separated from vehicular use areas by concrete vertical curbing. Roll curbs may not be used for this separation. The width of curbing shall be excluded from the calculation of the minimum dimensions of all required landscaped areas.
[15]
All landscaped areas at the front line of off-street
parking spaces shall be protected from encroachment or intrusion of
vehicles through the use of wheel stops. Wheel stops shall have a
minimum height of six inches above the finished surface of the parking
area, be properly anchored and continuously maintained in good condition.
Wheel stops shall not be placed in locations of anticipated intense
pedestrian traffic. As an alternative, curbing can be extended to
serve the same purpose, if approved by the Planning Board Engineer.
[16]
All trees and shrubs must be planted a minimum
of five feet behind the right-of-way line.
(f)
Landscape and buffer plans.
[1]
Landscape Plan. Where required, a landscape plan shall conform
to the following requirements:
[a]
A landscape plan is required for each lot within
the proposed development. It is recommended that the landscape plan
be prepared by a landscape architect, nurseryman, or other professional
experienced in landscape design and the installation and care of plant
materials.
[b]
All proposed landscaping as required by this Code in front, side and rear landscape strips, for parking lot landscape areas, trees and street-side screening, in buffers, and trees to be retained or planted as required by the tree conservation provisions of this Code, shall be illustrated on plans as described in this Subsection A(4)(f)[1]. The plans may be consolidated as one plan if the information can be clearly shown.
[c]
All landscape plans submitted for approval as a
component of a required site plan shall show the entire zoning lot
at one inch equals 20 feet to 50 feet as needed to clearly illustrate
the proposed plantings, on twenty-four-inch-by-thirty-six-inch sheets
and shall contain the following information:
[i]
The name of the development and its acreage (or
square footage if less than one acre);
[ii]
The street address and tax block of lot designations
of the subject property;
[iii]
The name, address, telephone and fax numbers
of the owner and developer;
[iv]
The name, address, telephone and fax numbers of
the individual or company responsible for the design;
[v]
If applicable, the name, registration number and
seal of the professional under whom the plan was prepared shall be
stamped on the plan and signed.
[vi]
Date of survey, north point and graphic scale,
source of datum, date of plan drawing, and revision dates, as appropriate.
[vii]
The location and size of all underground or aboveground
utilities on the site, including the limits of any public or private
utility easements and stormwater detention areas.
[viii]
The location and dimensions of all existing
and proposed structures, parking lots and drives, roadways and rights-of-way,
sidewalks, bicycle paths, ground signs, refuse disposal areas, bicycle
parking areas, freestanding electrical equipment, recreation facilities,
utility lines and easements, freestanding structural features, and
other landscape improvements, such as earth berms, walls, fences,
screens, sculptures, fountains, street furniture, lights, and courts
or paved areas;
[ix]
The location, quantity, size (at time of planting
and maturity), on-center spacing, and name, both botanical and common,
of all proposed planting materials;
[x]
The location, size (dbh or caliper), and common
name of existing trees and individual shrubs, areas of dense trees
or shrubs, and other natural features, indicating which are to be
preserved and which are to be removed;
[xi]
The approximate location and generic identification
of existing structures and plant materials within the yard of adjoining
properties;
[xii]
Existing and proposed grading of the site, including
proposed berming, indicating contours at not more than two-foot intervals;
[xiii]
Specification of the type and boundaries of
all proposed vegetative ground cover;
[xiv]
Design of fences and other significant accessory
structures;
[xv]
The location of barriers to be placed at or beyond
the drip line of any trees to be preserved, and the type of material
to be used for the barrier;
[xvi]
Planting, and installation details as necessary
to ensure conformance with all required standards;
[xvii]
Details indicating specific grading measures
or other protective devices where trees are to be preserved in areas
of cut and fill;
[xviii]
Detailed notes and illustrations indicating
the planting methods to be utilized for all plant material;
[xix]
A detailed maintenance schedule indicating the
anticipated times for fertilizing, types of fertilizer, aeration,
pruning, etc., and including plant replacement policies; and
[xx]
An irrigation plan indicating the type of irrigation
to be used.
[2]
Buffer plan. Where required, a buffer plan shall conform to
the following requirements:
[a]
A buffer plan shall be prepared for any natural
or structural buffer required in accordance with the specifications
and standards contained in this ordinance. The buffer plan shall provide
the information required above for a Landscape Plan and the following:
[i]
The boundaries of each required buffer area.
[ii]
The location and size of all underground or aboveground
utilities on the site, including the limits of any public or private
utility easements and stormwater detention areas.
[iii]
For each natural buffer, the plan must show:
[A]
Methods to be employed to protect the critical
root zones of the trees in the buffer from disturbance during construction,
including fencing details, erosion control, signage, etc., consistent
with the protection of existing trees and the landscape and buffer
requirements of this ordinance.
[B]
Proposed supplemental plantings required to maintain
the opaque visual screen required.
[iv]
For each structural buffer, the plan must show:
[A]
All grading and construction details for earthen
berms, walls and fences that are proposed as part of the visual screen.
[B]
A planting plan showing the location, size and
type of proposed plant materials.
[C]
The location, size and common name of all existing
plant materials to be retained that contribute to meeting the minimum
requirements of this Code for buffers.
[D]
Typical crosssections of the buffer illustrating
the improvements proposed and typical location of vegetation. At least
one cross section shall be provided for each buffer.
(g)
Landscaping of yard areas.
[1]
Single-family and two-family subdivisions and lots are exempt from the requirements of this Subsection A(4)(g).
[2]
Open yard areas. All portions of a multifamily or nonresidential
site not covered with paving or buildings shall be landscaped. Such
landscaped areas not covered with other materials such as mulch, wood
chips or other landscaping materials to protect and preserve planting
areas shall be covered with turf or ground cover. Turf or ground cover
utilized on all slopes in excess of 25% must be specifically selected
to stabilize the slope.
[3]
Trash storage containers. All exterior commercial trash storage
containers shall be screened so that they are not visible from off
the property, and a permanent masonry or frame enclosure shall be
provided for each such container. A detailed drawing of enclosure
and screening methods to be used in connection with trash containers
on the property shall be included with the landscaping plan.
(h)
Landscaping of frontage landscape strips.
[1]
Single-family and two-family subdivisions and lots are exempt from the requirements of this Subsection A(4)(h).
[2]
Landscape strips along front lot lines; where required. A minimum
eight-foot-wide landscape strip shall be provided along the full length
of any street frontage of a multi-family or non-residential development.
[3]
Location of structures in frontage landscape strip. Frontage
landscape strips shall contain no structures, parking areas, patios,
stormwater detention facilities or any other accessory uses except
for the following:
[a]
Retaining walls or earthen berms constructed as
part of an overall landscape design.
[b]
Pedestrian-oriented facilities such as sidewalks
and benches.
[c]
Underground utilities and fire hydrants.
[d]
Driveways required to access the property.
[e]
Signs and lighting otherwise permitted by this
Code.
[4]
All portions of a frontage landscape strip shall be planted
in trees, shrubs, grass or ground cover, except for those ground areas
that are mulched or covered by permitted structures. Trees may be
clustered for decorative effect following professional landscaping
standards for spacing, location, and design.
[5]
Trees shall be provided within the frontage landscape strip
at the rate of one tree for every 25 to 40 feet of street frontage,
or portion thereof (excluding driveways) depending on tree height
at maturity. Trees must be of a type that is suitable to local growing
conditions and as listed in Table 4.3.[2]
[2]
Editor's Note: Table 4.3 is included at the end of this chapter.
[6]
Upon planting, new trees shall have a caliper of no less than
2.5 inches, and may be clustered for decorative effect and environmental
benefit following professional landscaping standards for spacing,
location, and design.
[7]
Trees and shrubs in the frontage landscape strip are not to extend into the street right-of-way, nor interfere with the sight triangle requirements specified in § 405-18 of the Zoning and Development Code for street and driveway intersections.
[8]
Shrubs are to be provided within the frontage landscape strip
at the rate of 10 shrubs for every 60 feet of street frontage, or
portion thereof (excluding driveways). Shrubs must be at least 18
inches tall at the time of planting.
[9]
Trees planted in the frontage strip shall not be located beneath
overhead electrical wires.
[10]
Curbs. In areas where low-impact development is
preferred, curbs are discouraged along proposed streets except where
otherwise required by the Township when deemed necessary for stormwater
management, traffic control, pedestrian safety, or to provide for
roadway stability. In low-impact development, curbs should be used
only on one side of the road, and the road cross slope is away from
the curb to drain runoff to a vegetated open channel or bioretention
area behind the curb.
[11]
Sidewalks. Sidewalks located in a street right-of-way
shall be located so as to provide a five-foot minimum width planting
strip between the curb and sidewalk to be used for bioretention swales.
(i)
Landscape strips along rear and side lot lines.
[1]
Single-family and two-family residential subdivisions and individual lots are exempt from the requirements of this Subsection A(4)(i).
[2]
Landscape strips along rear and side lot lines; where required.
[a]
A landscape strip shall be provided along all rear
and side lot lines of a non-residential development (unless a buffer
is otherwise required).
[b]
The rear and side yard landscape strip must be at least eight feet wide if trees are to be planted within it, but may be reduced to not less than four feet in width if a continuous hedge is provided in lieu of trees, or if the landscaping strip is combined with another landscaping strip at least four feet wide on adjacent property. When provided in combination with a landscape strip on adjacent property, each property must meet the landscaping requirements of this Subsection A(4)(i) independently, but the planting of trees must be coordinated to provide adequate separation and planting area for each tree.
[3]
Location of structures in rear and side landscape strips. Rear
and side yard landscape strips shall contain no structures, parking
areas, patios, stormwater detention facilities or any other uses except
for the following:
[4]
Landscaping required in rear and side landscape strips.
[a]
All portions of a rear and side yard landscape
strip shall be planted in trees, shrubs, grass or groundcover, except
for those areas that are mulched or covered by permitted structures.
[b]
Trees shall be provided within the rear and side
yard landscape strip at the rate of at least one tree for every 40
feet of length or portion thereof, or the landscape strip may be planted
in a continuous hedge (penetrated only by approved access drives and
utility easements).
[c]
Trees planted within a rear or side yard landscape
strip shall be located a minimum of six feet from the property line.
(j)
Stormwater management areas.
[1]
Stormwater management areas include bioretention systems, constructed
stormwater wetlands, detention and infiltration basins, drainage ditches
and swales and wet ponds. Stormwater management areas shall be designed
in accordance with the New Jersey Stormwater Best Management Practices
Manual (BMP). Sensitively designed basin and soils can be a visually
pleasing benefit to the health, welfare and safety of Upper Deerfield
Township residents. The general design concept of these areas should
be to deemphasize their function creating aesthetic landscape features.
[2]
The Township encourages, where possible, that stormwater management
basins be designed to imitate naturalistic land forms with irregular
perimeters that subtly blend into the surrounding topography. Where
enclosures are required, fence alignments shall follow, as closely
as possible, the configuration of the basin. Rectilinear fence alignments
are to be avoided.
[3]
The area shall be graded creatively to blend into the surrounding
landscape and the design of the site, i.e., provide an informal meandering
edge with varying slopes and gentle berming in locations emulating
a natural parkland.
[4]
Location of plantings within stormwater management areas shall be as outlined within the New Jersey Stormwater Best Management Practices Manual, Chapter 7, Landscaping.
[5]
Stormwater management areas shall be planted pursuant to the quantities and types listed for the landscape concepts as outlined in Subsection A(4)(j)[8] below. Additional shrub and herbaceous plant material should be planted in accordance with the New Jersey Stormwater Best Management Practices Manual, Chapter 7, Landscaping. Special preference should be given to those species of trees and plants which have known pollutant-removal abilities.
[6]
A complete planting plan for stormwater management areas shall
be submitted for review and approval of the Township Planner.
[7]
All plant materials shall be species indigenous to the area as per New Jersey Stormwater Best Management Practices Manual, Chapter 7, Landscaping. Plant materials shall be compatible with § 405-62A(4)(cc) of the Township's Land Use Ordinance.
[8]
One of the following landscape concepts for stormwater detention
areas or an alternative concept complying with the standards set forth
herein or as approved by the Township Planner shall be used:
[a]
Reforestation. This landscape treatment is appropriate
for detention basins and drainage areas that are not highly visible
or are adjacent to areas of mature woodlands, greenbelts or wetlands.
It is intended to revert the disturbed area to a revegetated, stable,
low-maintenance, natural landscape asset over time.
[i]
The 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. Linear, geometric
basins are unacceptable.
[ii]
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 twenty-foot-by-twenty-foot
grid to the high-water line or outflow elevation. Of this number,
10% shall be two-and-one-half-inches-to-three-inches caliper, 20%
shall be one-inch-to-two-inches caliper, and 70% shall be whips six
feet to eight feet in height.
[iii]
The trees shall be planted in groves and spaced
five to 15 feet on center.
[iv]
The ground plane shall be seeded with a naturalization,
wildflower and/or meadow grass mix. The specific blend shall be approved
by the Planning Board and shall comply with SCD requirements.
[v]
All woody and herbaceous plants shall be species
indigenous to the area and/or tolerant of typical wet/dry floodplain
conditions.
[vi]
Planting shall not be located within 20 feet of
low-flow channels to allow for maintenance.
[vii]
The perimeter area (slopes above the high-water
line) shall include shade trees (approximately 80 per 1,000 linear
feet), evergreen trees (approximately 40 per 1,000 linear feet), ornamental
trees and shrubs, screening drainage structures and creating visual
interests.
[viii]
Provisions for emergency access as well as general
maintenance of the basins shall be reviewed by the Planning Board
Engineer. Plantings shall be designed to disguise yet not hinder vehicular
access.
[9]
Recreation/open space feature.
[a]
This landscape concept is appropriate in situations
where a basin is the largest or only portion of open space in an area
or is adjacent to existing open space and recreational open space
is desired. It is also appropriate for smaller, highly visible basins
where a visually pleasing open area is desired.
[b]
The objective in these situations is to integrate
the area into the landscape using topography and plantings in order
to complement the function of the area and to provide a visually interesting
landscape feature and/or recreation space.
[i]
The 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.
[ii]
Provide perimeter plantings, including shade trees,
formally or informally, evergreen trees to create and screen views
and small trees and shrubs to provide a continuous landscape strip
screening drainage structures and creating visual interest.
[iii]
Integrate buffer plantings with perimeter plantings
where applicable.
[iv]
The following are guidelines for plant quantities:
Plant Type
|
Number of Plant
(per 1,000 linear feet)
| |
---|---|---|
Shade trees
|
80
| |
Evergreen trees
|
40
| |
Ornamental trees
|
10
| |
Shrubs
|
50
|
[v]
To provide recreational open space, concentrate
frequently flooded detention in basin area (five- to ten-year-storm
volume) and provide a gently sloping, less-often flooded area (ten-
to one-hundred-year-storm volume) as a recreational open field space.
Provide ball fields and/or open play areas integrated with plantings
in a park-like manner.
[10]
At detention basins and wet basins and where fences
are required, the following standards shall apply:
[a]
The perimeter of the basin shall be planted in
a naturalistic manner with a combination of evergreen trees, shade
trees and shrub massings. The minimum width of the basin perimeter
landscaping shall be 10 feet. A minimum of 50% of all plantings are
to be evergreen.
[b]
Perimeter basin landscape plantings shall meet
the following minimum sizes:
Plant Type
|
Size
| |
---|---|---|
Shade trees
|
2 inches caliper
| |
Ornamental trees
|
8 feet high
| |
Evergreen trees
|
6 feet high
| |
Evergreen and deciduous shrubs
|
2.5 to 3 feet high
|
[c]
Plantings shall be arranged to allow for maintenance
access to all basin facilities.
[d]
All required basin perimeter plantings are to be
located outside of the required fence enclosure.
[e]
The following are guidelines for plant quantities:
Plant Type
|
Number of Plants
(per 1,000 linear feet)
| |
---|---|---|
Shade trees
|
80
| |
Evergreen trees
|
40
| |
Ornamental trees
|
10
| |
Shrubs
|
50
|
[f]
Basins located in front yard areas are subject
to all previously stated landscaping standards for stormwater management
facilities, with the following additions:
[i]
Maximum basin depth will be 24 inches.
[ii]
Geometrically shaped basins are unacceptable.
[iii]
Minimum width of plant massings shall be 10 feet.
[iv]
Ornamental trees should be planted along the basin
perimeter for visual interest.
[v]
Landscape plantings are to be encouraged along
the slopes and bottom of detention basins and on the side slopes of
retention basins above the high-water line. These plantings shall
consist of herbaceous plants which are indigenous to the area and/or
tolerant of typical wet/dry floodplain conditions.
[vi]
Plantings shall not be located within 10 feet
of low-flow channels and drainage structures to allow for maintenance.
(k)
Buffer requirements.
[1]
General provisions.
[a]
Buffer areas shall contain no driveways, parking
areas, patios, stormwater detention facilities, or any other structures
or accessory uses except for a fence, wall, or earthen berm constructed
to provide the visual screening required to meet the standards of
this Code. Underground utilities may be permitted to cross a buffer
if the screening standards of this Code will be subsequently achieved.
Vehicular access through a buffer may be allowed only as a condition
of site plan approval.
[b]
Landscaping shall be installed on the property
of any multi-family or non-residential use or development as a condition
of site plan approval, or issuance of a development permit or building
permit, whichever occurs first. Landscaping shall be provided in accordance
with the requirements of this ordinance, which includes the following:
[i]
Within the yard areas of the property, and in landscape
strips along the street frontages, rear and side lot lines.
[ii]
Within parking lots containing five or more parking
spaces and between such parking lots and streets from which they are
visible.
[iii]
As buffers between incompatible land uses and
zoning districts.
[iv]
As replacement trees for those removed during
construction.
[c]
The following bufferyard requirements are intended
to physically separate and visually screen adjacent land uses that
are not fully compatible. Minimum required screening shall consist
of a natural buffer utilizing existing vegetation or a structural
buffer, whichever provides an opaque visual screen from grade to a
height of six feet, or any combination of existing and replanted vegetation
which can reasonably be expected to create an opaque visual screen
six feet high within two growing seasons.
[d]
A six-foot-high berm, or opaque fence or decorative
wall may be located within the bufferyard reducing the required width
and plant material amounts by 50%.
[e]
If woodlands are located within the minimum landscaped
yard, preservation may substitute for the required plants. If existing
woodlands are located in only part of the minimum landscaped yard,
the landscape requirement is proportionately reduced.
[2]
Agricultural buffer. Whenever a development proposes a nonagricultural use or activity on an adjacent lot to a property which is currently or has within the preceding 12 months been utilized for farming or agricultural use, the Planning Board shall require the establishment of an agricultural buffer (located on the non-agricultural property) to prevent conflicts between the agricultural and non-agricultural activities in accordance with the Township's right to farm regulations (§ 405-30). Said agricultural buffer shall comply with the requirements of this Subsection A(4)(k)[2].
[a]
The establishment of the agricultural buffer shall
not be required when:
[i]
The agricultural uses or activities are on a parcel
of land less than six acres unless the parcel is being farmed in conjunction
with other adjacent lands which, when combined, are in excess of six
acres; or
[ii]
In the case of a minor subdivision, the lots to
be created are six acres or more in size, in which case the Planning
Board may simply require that any house or accessory use thereto be
located at least 150 feet from the nearest agricultural activity or
use.
[b]
The Planning Board may waive entirely or reduce
the size of an agricultural buffer, provided that it is determined
by the Planning Board that the location of the non-agricultural use
or activity in relation to the agricultural use or activity will not
adversely affect the agricultural use or activity, including restrictions
on the spraying or crops or fields.
[c]
Areas to be buffered. All major residential subdivisions
and major site plans shall include in their design agricultural buffers
which shall be installed with the purpose of providing a buffer and
barrier between the residential subdivision or site development requiring
a major site plan and an adjacent agricultural use. The subdivision
or site plan design shall include this buffer along any shared lot
line with an active farm use and shall be designed with the purpose
of acting as a separation and buffer between lands used as farmland,
as defined within this section, and residential uses. The buffer shall
not be required for developments which abut certified woodland.
[d]
Design standards.
[i]
A landscaped buffer of not less than 150 feet in
width shall be provided within lots which are adjacent to any shared
lot line with an active farm use. This buffer area shall be in addition
to the minimum lot size otherwise required for all lots within the
development.
[ii]
Such agricultural buffer areas shall not be utilized
or included in measurement for establishing setbacks for construction
or yard requirements on the lots.
[iii]
Buffers may be comprised of earth berms, fences,
and landscaping, which shall be of a sufficient quantity, species
and size to prevent the free movement between the residential subdivision
and the farming operation and to add some protection from noise, dust,
light, spray and the like. The buffering shall be designed to insure
a year-round high and low visual screen and consist of evergreen and
deciduous trees and shrubs. Any physical barriers to be constructed,
such as fencing, shall be constructed within the buffer area. Infrastructure
required for the development may be contained within the buffer as
long as the structures are underground.
[iv]
More than one species of evergreen and deciduous
trees is to be provided to reduce the effects of potential tree disease
and to provide a more naturalized buffer.
[v]
Low shrubs such as hollies and other thorn-bearing
shrubs shall be utilized to discourage pedestrian traffic through
the buffer area.
[vi]
If shade trees are to be installed, they shall
be provided in the buffer at the rate of one tree per 1,000 square
feet of buffer area. The trees shall be set back from the property
line to accommodate the mature spread of the tree and to avoid overhang
into the agricultural property.
[vii]
Landscaping buffers shall be designed to block
75% of all views from one side to the other five years after planting.
[viii]
Additional buffering features are to be provided
as may be found necessary by the Planning Board.
[ix]
The plantings may consist of those listed in § 405-62A(4)(cc) and, in addition thereto, those plantings which may be natural or indigenous to the area in question and which have a strong likelihood of providing a deterrent so as to prohibit passage through said living fence area, subject to the provisions of this section. The species provided for herein are intended to be utilized as recommended examples of living plants that will form a fence. Other plantings may be substituted, depending on the site, sunlight, soil and such other conditions as would apply to probable growth of the planting. The Planning Board shall determine the type of plant material to be used at the time of development approval and shall take into consideration recommendations of its professionals and the owners or farmers of the adjacent farmland in making such determination.
[xi]
Planting size requirements. The following minimum
plant sizes shall be required for any landscape material, measured
in accordance with American Nurserymen's Association standards:
[A]
Shade trees: 1 1/2 to two inches in caliper.
[B]
Ornamental trees: six to eight feet in height.
[C]
Evergreen trees: six to eight feet in height.
[D]
Shrubs, both deciduous and evergreen:
{1}
|
Prostrate (spreading): at least 12 inches and up to 15 inches
in spread.
| |
{2}
|
Small (mature size under three feet in height): at least 12
inches and up to 15 inches in height.
| |
{3}
|
Large (mature size three feet or greater in height): at least
24 inches and up to 30 inches in height.
|
[xii]
In addition, the Planning Board, in its sole
discretion, may require the developer to construct a fence within
the agricultural buffer area along the boundary line with the adjacent
property meeting the following specifications:
[A]
The buffer fence, when required, shall be a four-
to six-foot-high fence, installed on the property of the development.
The fence shall be installed by the applicant and/or developer. The
Planning Board shall determine the type of fence after considering
the recommendations of its professionals as well as comments of the
owners or farmers of the involved adjacent farmland.
[3]
Solar energy generating facilities.
[a]
Buffer. The Planning Board shall require the establishment of a buffer on the site of ground-mounted solar energy generating facilities, structures and equipment that occupy more than one acre of land to provide for sound abatement, visual screening, and to otherwise prevent conflicts with adjoining uses as stipulated in this Subsection A(4)(k)[3].
[i]
Areas to be buffered. Buffers shall be provided
along all property lines and public rights-of-way.
[ii]
The buffer required by this Subsection A(4)(k)[3] shall not be required where the following conditions occur:
[iii]
Notwithstanding the provisions contained in § 405-62A(4)(k)[3][a][ii][A]
and [B] above, the Planning Board may require a buffer when deemed
necessary and appropriate to address visual impacts associated with
the facility due to changes in topography or other conditions.
[iv]
The buffer shall be designed and installed with
the purpose of providing a vegetative landscape screen between the
solar project, adjoining properties and public streets. The buffer
shall not be required for those areas of the solar development which
abut certified woodland or protected wetlands.
[v]
Design standards.
[A]
The landscaped buffer shall be at least 50 feet
in width. This buffer area shall be in addition to the minimum lot
size otherwise required for all lots within the development.
[B]
Such buffer areas shall not be utilized or included
in measurement for establishing setbacks for construction or yard
requirements.
[C]
Buffers may be comprised of earth berms, fences,
and landscaping, which shall be of a sufficient quantity, species
and size to insure a year-round high and low visual screen and consist
of evergreen and deciduous trees and shrubs. Any physical barriers
to be constructed, such as fencing, shall be constructed within the
buffer area.
[D]
Plant materials utilized within the vegetative
screen shall be appropriate in terms of species and size to ensure
there is a seventy-five-percent screening of the energy generating
facilities, equipment and structures within three years, and a one-hundred-percent
screen within five years after planting.
[E]
Infrastructure required for the development may
be contained within the buffer as long as the structures are underground.
[F]
Access roads are permitted within the buffer. Interior
service roads intended to provide access to the solar facilities are
not permitted within the buffer.
[G]
Roadways within the area occupied by the solar
facilities shall be designed to minimize the extent of roadways constructed
and associated soil compaction. The temporary use of geotextile fabric
and gravel for limited roadways during construction is permitted,
provided the geotextile fabric and gravel are removed when construction
is complete.
[H]
More than one species of evergreen and deciduous
trees is to be provided to reduce the effects of potential tree disease
and to provide a more naturalized buffer. Native plantings are encouraged.
[I]
Additional buffering features are to be provided
as may be found necessary by the Planning Board.
[J]
The plantings may consist of those listed in § 405-62A(4)(cc) of this chapter and, in addition thereto, those plantings which may be natural or indigenous to the area in question. Other plantings may be substituted, depending on the site, sunlight, soil and such other conditions as would apply to probable growth of the planting. The Planning Board shall determine the type of plant material to be used at the time of development approval and shall take into consideration recommendations of its professionals and the owners of adjacent property in making such determination.
[K]
The standards and specifications which must be
depicted on the plan shall include:
{1}
|
The plantings to be utilized.
| |
{2}
|
The size of the plants (minimum size shall be specified).
| |
{3}
|
Distance between plants.
| |
{4}
|
Proposed elevation of plants.
|
[L]
Planting size requirements. Minimum plant sizes
shall be measured in accordance with American Nurserymen's Association
standards.
[M]
Fence. In addition, the Planning Board, in its
sole discretion, may require the developer to construct a fence within
the buffer area along the boundary line with the adjacent property
meeting the following specifications:
{1}
|
The buffer fence, when required, shall be a four- to six-foot-high
fence, installed on the property of the development. The fence shall
be installed by the applicant and/or developer. The Planning Board
shall determine the type of fence after considering the recommendations
of its professionals and comments of the owners of adjacent property.
| |
{2}
|
The Planning Board may grant exceptions to this requirement
as may be reasonable and within the general purpose and intent of
the provisions of this subsection if literal enforcement of the requirement
is impractical.
|
[b]
Groundcover. The following standards for establishing
and maintaining a permanent groundcover on a solar energy generating
site shall apply:
[i]
Seeding.
[A]
If applicable, harvest or plow under winter crop
prior seed ripening.
[B]
Smooth till area; no plow or disk furrows.
[C]
Apply ground limestone at a rate in pounds per
1,000 square feet as follows:
{1}
|
Clay, clay loam, and high organic soil: 135;
| |
{2}
|
Sandy loam, loam, silt loam: 90;
| |
{3}
|
Loamy sand, sand: 45; or
| |
{4}
|
Other amounts as determined by soil testing.
|
[D]
Apply fertilizer (10-20-10) at a rate of 11 pounds
per 1,000 square feet.
[E]
Plant seed mix with Brillion or smooth-type cultivator
between April 1 and May 31, or between August 1 and October 15.
[F]
Plant seed approximately 1/2 inch to one inch deep.
[G]
Mulch with unrotted small grain straw, hay free
of seed or salt hay applied at a rate of 70 pounds per 1,000 square
feet.
Recommended Seed Mix (at 100 pounds per acre)
| ||
---|---|---|
Type of Seed Mix
|
Percentage
| |
Hard fescue
|
55%
| |
Chewings fescue
|
15%
| |
Creeping fescue
|
15%
| |
Oats
|
10%
| |
Alsike clover
|
5%
|
[ii]
Maintenance. After one full nonconstruction growing
season the following maintenance is required:
[A]
All bare spots greater than one square foot are
to be raked/scratched, seeded and raked in.
[B]
The entire area shall be mowed at the end of the
growing season.
[C]
Weed killer should be applied to those areas where
no plant growth is desired. Earth screws should be checked and sprayed
for any vines or climbing weeds. Extreme care should be taken as some
of the plants specified are very susceptible to herbicides.
[3.1]
Buffers for warehouses and industrial-style buildings.
The Planning Board shall require the establishment of a buffer on
the site of a warehouse or similar freestanding industrial-style building
with a gross floor area of 100,000 or more square feet, to provide
for visual screening and to otherwise prevent conflicts with adjoining
uses.
[Added 12-30-2021 by Ord.
No. 832]
[a]
Buffers shall be provided along all property lines
(with the exception of property lines abutting rail ways), and public
rights-of-way.
[b]
Buffers shall be designed and installed with the
purpose of providing a landscape screen between the warehouse or similar
industrial-style buildings, adjoining properties and public streets.
The buffer shall not be required for those areas of the development
which abut certified woodland or protected wetlands.
[c]
Design standards.
[i]
The minimum landscaped buffer width shall be at
25 feet; where buildings exceed 40 feet in height the minimum buffer
width shall be 40 feet.
[ii]
Such buffer areas shall be included in measurement
for establishing setbacks and yard requirements.
[iii]
Buffers may be comprised of earth berms, fences,
walls, and landscaping, which shall be of a sufficient quantity, species
and size to insure a year-round high and low visual screen and consist
of evergreen and deciduous trees and shrubs. Any physical barriers
to be constructed, such as fencing or walls, shall be constructed
within the buffer area.
[iv]
When a development is adjacent to residentially
zoned properties, the Planning Board may require the developer to
construct a landscape buffer, an eight-foot-high masonry or precast
concrete wall, or opaque fence along all perimeter edge buffers to
the residentially zoned properties.
[v]
Infrastructure required for the development may
be contained within the buffer as long as the structures are underground.
[vi]
Buffer areas shall contain no internal driveways,
parking areas, patios, stormwater detention facilities, or any other
structures or accessory uses except for a fence, wall, or earthen
berm constructed to provide the visual screening required to meet
the standards of this Code. Underground utilities (including underground
stormwater management facilities) may be permitted to cross a buffer
if the screening standards of this Code will be subsequently achieved.
Vehicular access, utilities, project signage and site lighting may
be allowed through a buffer in conjunction with site plan approval.
[vii]
More than one species of evergreen and deciduous
trees is to be provided to reduce the effects of potential tree disease
and to provide a more naturalized buffer. Native plantings are encouraged.
[viii]
The plantings may consist of those listed in § 405-62A(4)(cc) of this chapter and, in addition thereto, those plantings which may be natural or indigenous to the area in question. Other plantings may be substituted, depending on the site, sunlight, soil and such other conditions as would apply to probable growth of the planting. The Planning Board shall determine the type of plant material to be used at the time of development approval.
[x]
Planting size requirements. Minimum plant sizes shall be measured
in accordance with American Nurserymen's Association standards.
[4]
Natural buffers.
[a]
Natural buffers may contain deciduous or perennial
vegetation, but shall contain evergreen shrubs and trees suitable
to local growing conditions that will provide an opaque visual screen
year-round.
[b]
Natural buffers shall be protected during construction following the provisions of § 405-62A(4)(d), Preservation of existing features.
[5]
Structural buffers. Structural buffers shall meet the following
criteria:
[a]
Structural buffers shall be vegetated throughout
the minimum area required for the buffer around any fences or walls
and upon any earthen berms, which may include grass, groundcovers,
shrubs, and trees.
[b]
All earthen berms shall have a maximum side slope
of 50% (one foot of vertical rise to two feet of horizontal run).
Earthen berms shall not be constructed within the dripline of any
existing trees that will remain on the property.
[c]
Trees shall be located or planted within any structural
buffer at a density of no less than one tree for each 30 feet of buffer
length or portion thereof. New deciduous trees shall have a caliper
of no less than 2.5 inches upon planting, and new evergreens shall
be at least six feet tall when planted. Trees may be clustered for
decorative effect following professional landscaping standards for
spacing, location, and design.
[d]
Fences and freestanding walls shall present a finished
and decorative appearance to the abutting property and shall be located
no closer than two feet to the property line. Shrubs, groundcovers,
or other vegetation shall be provided between the fence or wall and
the property line and contained on the subject property so as to provide
a decorative effect, following professional landscaping standards
for plant material, spacing, location and design.
[e]
Fences used in buffers must be made of rot-resistant
material or protected from deterioration with waterproofing material.
[6]
[7]
Buffer modifications and exceptions.
[a]
Automatic reduction in buffer width. If a structural
buffer is provided that creates an opaque screen to a height of no
less than eight feet instead of six feet, the buffer may be reduced
to a width of no less than 75% of the buffer width otherwise required,
but in no case less than 10 feet.
[b]
Location of buffers. Buffers are to be located
on the site to best achieve the screening required by this ordinance.
[c]
If all or any part of the buffer has been provided
by the adjacent property, the proposed use must provide only that
amount of the buffer that has not been provided on the adjacent property.
[d]
Exceptions to buffer requirement. No buffer shall
be constructed upon the occurrence of any of the following:
[i]
Where the installation of the buffer would pass
into, through, or upon any area described by the State of New Jersey
as "wetlands" or "wetland transition areas."
[ii]
Where natural boundaries would prevent the construction
of any buffer, including actual waterways, or a naturally existing
forest with sufficient density that would prohibit the construction
of the buffer.
[iii]
Areas on slopes exceeding 20%.
[iv]
Areas where the construction of a buffer is likely
to alter or modify or restrict the flow of water or waters so as to
create any damming effect.
[v]
No buffer may be erected in or traverse a dedicated
sight triangle. No buffer may impede or interfere with the maintenance
of a clear sight distance at any point of access to a roadway within
the Township.
[vi]
This screen planting requirement may be waived
entirely or partially by the Land Development Board to the extent
that a screen of trees or natural plant material already exists on
either side of the boundary line between the nonagricultural land
uses and the farmland.
[vii]
Wooded sites. Where densely wooded areas or growth
would be required to be removed, such as woods, in order that berms,
fences or other features be constructed. This exception shall not
be construed to prohibit the removal of separate and single trees
or other growth similar thereto for the purpose of installing the
buffer.
[8]
Installation requirements.
[a]
All plant materials shall be installed in accordance
with the current edition of the American Standard for Nursery Stock.
Plant materials shall be installed in accordance with an approved
landscape plan when required as part of site plan or subdivision review.
All plant material shall be guaranteed with an appropriate surety
for a period of two years after final inspection.
[b]
The screen planting or landscaping shall be planted
and/or constructed in the case of mounds or berms in reasonable proximity
to any fencing required.
[c]
Removal of existing trees or natural vegetative
cover shall only be permitted if said trees and/or natural vegetative
cover was not approved as justifying a waiver or reduction in the
agricultural buffer; or after submission of a landscaping plan justifying
to the satisfaction of the Land Development Board why such removal
is necessary and showing a proposed replanting of said area where
such removal is proposed and which plan is approved by the Planning
Board in consultation with the Environmental Commission and a performance
and maintenance bond is posted to insure said plan's completion.
[d]
Buffers shall be installed so as to incorporate
natural areas of wetlands, dense or mature growth or other unique
physical features and keep them in the same condition both before
and after the development, as near as possible.
[e]
Diversion of water flow.
[i]
No buffer shall be installed in any way so as to
interrupt the flow of waters across lands where water has previously
flowed naturally, and the grading shall be reviewed by the Board Engineer
at the time of development approval.
[ii]
The contour of the land shall not be changed by
more than 10% to accommodate a buffer so as not to modify or change
the natural areas of water flow across lands.
[iii]
No buffer shall be installed in such a fashion
that it would act as a dam or diversion of waters to other areas.
[9]
Time for construction. The buffers are to be installed and completed
prior to the issuance of the first certificate of occupancy for each
section or phase in the section related to the certificate of occupancy
and buffer. This subsection shall be applicable for each subsequent
section or phase sought to be developed.
[10]
Responsibility for maintenance; removal prohibited.
[a]
Where a buffer shall have been installed pursuant
to the terms of this chapter, the following parties shall be responsible
for the maintenance of the buffer:
[i]
The homeowners' association where a homeowners'
association has been established.
[ii]
In the alternate where no homeowners' association
shall have been established, the individual homeowner where the buffer
shall be situate.
[iii]
The owner of the real estate or development upon
which the fence is situated.
[b]
No buffer shall be removed by the homeowners' association
or any owner or by any other party.
[c]
Maintenance standards. A buffer shall be maintained
applying the following standards:
[i]
The buffer shall be trimmed and maintained in such
a way as to create a barrier of a living and green variety.
[ii]
The property owner is responsible for the maintenance
of the buffer as set forth herein and shall at all times be responsible
for the continued upkeep, maintenance, replanting, if necessary, trimming,
removal of debris and trash and to take those steps necessary to insure
that the living fence shall be maintained in a safe and neat condition.
[iii]
The buffer shall be maintained, mowed and trimmed
to prevent the growth of noxious weeds.
[11]
Deed restrictions.
[a]
Wherever a buffer shall be required under this subsection or any amendments thereto, said buffer shall be restricted by deed restriction against the construction of any structure other than fencing, walls, drainage facilities or underground structures and against the removal of any screen of trees or hedgerows so long as the subject property requires a buffer to conform to this Subsection A(4). The applicant/developer shall establish deed restrictions which shall contain the following limitations, restrictions, and standards:
[i]
A deed restriction shall require that the buffer
shall not be removed unless the adjoining property shall no longer
be used for any of the purposes established in this subsection. In
the case of an agricultural buffer, should the adjacent property fail
to be farmland assessed for a minimum period of three years, the homeowners'
association or other property owner affected by the buffer may apply
to the governing body of the Township for approval to remove the deed
restriction.
[ii]
No fence or hedgerow shall be modified which may
result in changes in drainage on adjacent property.
[iii]
Established woodlands and hedgerows shall not
be altered in any fashion to change or modify the purpose for which
they were originally intended as a barrier.
[iv]
Woodlands, hedgerows and fences at all times shall
be maintained pursuant to the deed restrictions so as to prohibit
access to and from adjoining properties by persons and machines, and
maintain natural surface water drainage, if applicable.
[v]
Hedgerows or living fences may contain briars and
other natural plants which shall not be destroyed or removed unless
required for reasons of health, safety, or the welfare of the adjacent
farming operation.
[b]
The deed restriction shall be recorded in the Cumberland
County Clerk's office and disclosed to any purchaser of lands being
developed.
[c]
This deed restriction may be enforced by the Township
of Upper Deerfield or the adjoining property which is benefiting from
the buffer.
[d]
Deed restrictions shall be submitted to the Planning
Board of Upper Deerfield Township for purposes of review and approval
prior to filing upon land records of the county.
[12]
Enforcement. This subsection may be enforced by
a developer, any landowner, any adjoining landowner, and any person
holding any prescriptive right or easement right, any homeowners'
association, or the municipality. The Planning Board may require provision
for maintenance of such areas by individual property owners or homeowners'
associations, easements and other legal restrictions which will provide
a means of preserving and maintaining the buffer area and/or screening
required and permit the Township or other third parties to become
involved in the event that the property owner fails to comply with
the provisions of any such legal restrictions. Should the Township
enforce these provisions, they may levy the cost of this enforcement
against the individual lot owners as a lien against the property as
permitted by law.
[13]
Abandonment. Upon the abandonment or modification
of the use requiring the buffer, such that the buffer would no longer
be required pursuant to this subsection, the buffer may, upon affirmation
from the approving authority, be removed by the owner of the property
on which the buffer is situate. If a property owner believes the buffer
restriction may be removed because of an abandonment of use, he shall
apply to the Zoning Officer of the municipality for a determination
in support of this request. The formal request shall then be made
to the governing body. If the buffer was the subject of a bond, the
formal release of the deed restriction authorized by the governing
body shall also permit the release or reduction of the bond.
Table 4.1 Bufferyard Design
| ||
---|---|---|
Minimum Width Of Bufferyard
(in feet)
|
Landscaping Required per 35 Linear Feet of Property Line
or Right-of-Way
| |
10
|
1 shade tree and 4 large shrubs
| |
20
|
1 shade tree and 6 large shrubs
| |
30
|
1 shade tree, 1 evergreen tree and 10 large shrubs
| |
40
|
1 shade tree, 2 evergreen trees and 10 large shrubs
|
(l)
Parking lot and loading area landscaping.
[1]
The following landscape requirements apply to any parking lot
designed or intended to accommodate five or more vehicles and are
intended to screen parking areas from the street, prevent large expanses
of unbroken paving, and provide shade to cool paved areas during the
hot summer months. The requirements are established for three areas:
along the public right-of-way, along the parking lot's perimeter,
and in the lot's interior.
[2]
Landscape strips or other planting areas shall be located within
the parking lot and shall constitute at least 10% of the entire area
devoted to parking spaces, drive aisles and connecting driveways.
[3]
Landscape islands, strips or other planting areas shall be landscaped
with any combination of such plant materials as trees, shrubs, grass
or ground cover, except for those areas that are mulched. Such planting
areas shall be well drained and contain suitable soil for the planting
materials they contain.
[4]
Where underlying soils may not be conducive to infiltration,
bioretention areas should be incorporated into the parking lot as
concaved landscaped areas and situated below the grade of the parking
spaces and driving aisles so that stormwater runoff is directed as
sheet flow into the bioretention area trapped by such islands. Bioretention
areas can be used in concert with pervious paving surfaces to maximize
the attenuation of runoff. Spacing and layout of the bioretention
area should be designed so runoff is maintained as sheet flow from
the driving surfaces into the bioretention area.
[5]
Parking lots that incorporate bioretention areas into the landscaped
portions of the parking lot should use wheel stops or bollards (in
or adjacent to pedestrian accessways) where direct overland flow or
curb cuts are utilized to drain runoff to a vegetated open channel
or bioretention area behind the curb to protect the area from traffic
intrusion while also allowing the parking lot runoff to pass.
[6]
Shade trees.
[a]
Shade trees shall be provided within or immediately
adjacent to and surrounding the parking lot at a ratio of at least
one tree for every eight parking spaces, or portion thereof.
[b]
Shade trees must be placed in or around the parking
lot such that every parking space is within 40 feet of a shade tree.
The forty-foot distance is measured from the center of the tree to
any point within the parking space.
[c]
New shade trees shall have a caliper of no less
than 2.5 inches upon planting and shall be maintained in good condition.
Trees removed as a result of disease, damage or death must be replaced
with approved plantings.
[7]
Tree planting areas. Tree planting areas shall be no less than
eight feet in width at their widest point and shall provide at least
200 square feet of usable planting area per tree. No tree shall be
located less than two feet from the back of the curb. All parking
lot landscape islands, strips or other planting areas shall be curbed
in accordance with Township specifications.
[8]
Landscape strip along the right-of-way.
[a]
When a parking lot is located adjacent to a public
right-of-way or public street, a landscape strip that screens the
views of parked cars to passing motorists and pedestrians, blocks
headlight glare, and establishes coordination among architecturally
diverse buildings shall be provided.
[b]
These minimum requirements apply to all parking
lots adjacent to a street except those used in association with single-family
dwellings. To provide flexible standards that are sensitive to the
character of the area and reflect site constraints and opportunities,
five options are available to meet the landscaped strip requirements.
[c]
Understory plants installed to meet the requirements
of the parking lot landscaped strip shall be evergreen or dense deciduous
shrubs. Plants used exclusively for screening must reach a minimum
height of 30 inches within three years of installation and be at least
18 inches tall when planted.
[9]
The visual screening may be provided in any of the following
ways:
[a]
Planted only. A hedge consisting of at least a
single row of shrubs planted three feet on-center that will spread
into a continuous visual screen within two growing seasons. Shrubs
must be at least 18 inches tall at the time of planting, and be certified
by a registered landscape architect to be of a species that will normally
exceed three feet in height at maturity and are suitable for the parking
lot application. The hedge must be set back at least four feet from
the street right-of-way line.
[b]
Earthen berm. An earthen berm constructed to a
height of three feet above the adjacent elevation of the street or
parking/loading area, whichever is highest, shall not exceed a slope
of 50% and shall have a crown of at least two feet. The berm shall
be designed and constructed to accommodate surface drainage plans
for the property so as not to create surface runoff problems. Berms
shall be provided with four inches of screened topsoil and planted
in groundcovers and other plant materials to achieve a decorative
effect to the reasonable satisfaction of the Township of Upper Deerfield.
[c]
Wall. A wall of brick, stone or finished and textured
concrete may be constructed to a height of three feet above the adjacent
elevation of the street or parking/loading area, whichever is highest,
and landscaped with plant material to achieve a decorative effect
to the reasonable satisfaction of the Township of Upper Deerfield.
The wall must be set back at least four feet from the street right-of-way
line.
Figure 4-1. Parking Lot Landscaped Strip, Option 1
|
---|
Provide a minimum ten-foot-wide strip between a right-of-way
and the parking lot, planted with a minimum of one shade tree and
10 medium shrubs for every 35 linear feet of street frontage, excluding
driveway openings.
|
Figure 4-2. Parking Lot Landscaped Strip, Option 2
|
---|
Provide a berm at least 2.5 feet higher than the finished elevation
of the parking lot. The berm shall have a minimum side slope of 2:1
and a minimum crown width of two feet. Live vegetation must cover
the berm with a minimum of one shade tree and five medium shrubs for
every 35 linear feet of street frontage, excluding driveway openings.
|
Figure 4-3. Parking Lot Landscaped Strip, Option 3
|
---|
Provide a six-foot landscaped strip with a minimum three-foot
grade drop from the right-of-way to the parking lot. A minimum of
one shade tree and five medium shrubs are required for every 35 linear
feet of street frontage, excluding driveway openings.
|
Figure 4-4. Parking Lot Landscaped Strip, Option 4
|
---|
Provide a three-foot-high opaque fence or wall constructed of
materials compatible with the principal building and a four-foot-wide
landscaped strip planted with vegetative ground cover (low-growing,
dense vegetation), and a minimum of one shade tree for every 35 linear
feet of street, excluding driveway openings.
|
[10]
Perimeter landscaping is required to define parking
areas and to prevent two adjacent lots from becoming one large expanse
of paving. The required perimeter landscaping between adjacent lots
does not preclude the need to provide vehicular access between the
lots.
[a]
Figure 4-6 illustrates the required perimeter landscape
strip. For lots 10,000 square feet or smaller, the landscape strip
must be a minimum of three feet wide. Lots larger than 10,000 square
feet must have a landscape strip at least five feet wide.
[b]
One tree and three small shrubs are required for
every 35 linear feet, excluding vehicular access aisles. Understory
plants installed to meet the requirements of the parking lot landscaped
perimeter shall be evergreen or dense deciduous shrubs.
[11]
Interior parking lot landscaping requirements
are required for all parking lots 7,000 square feet or larger. Figure
4-7 illustrates how to calculate the required interior lot planting.
All areas within the lots' perimeter are counted, including planting
islands, curbed areas, corner lots, parking spaces, interior driveways
and aisles. Only driveways and aisles with no parking spaces located
on either side are excluded from the interior area calculation.
[a]
For all parking lots 7,000 square feet or larger,
8% of the total area must be an interior planting area.
[b]
Landscaped areas outside the parking lot may not
be used to meet the interior planting requirement.
[c]
All rows of parking spaces shall be provided a
terminal island with concrete curbs and at least 130 square feet of
area to protect parked vehicles, provide visibility, confine moving
traffic to aisles and driveways, and provide space for landscaping.
[d]
Landscaped islands with concrete curbs and at least
130 square feet of area shall be provided every 10 spaces or less
within a row of spaces for multi-family residential sites and every
15 spaces or less within a row of spaces for commercial developments.
Planting islands should be evenly spaced throughout the parking lot
to consistently reduce the visual impact of long rows of parked cars.
Islands shall be utilized where needed to control vehicular circulation
and define major drives.
[e]
At least one tree shall be provided for each landscaped
island area. Islands exceeding 260 square feet shall have two or more
trees. These trees must have a clear trunk at least six feet above
the finished grade to allow for visibility and vehicular circulation
beneath the tree canopy. Vegetative groundcover or low shrubs listed
on Table 4.6 shall be planted in all landscaped island areas. Gravel
and bark mulch may not be substituted for the groundcover or low shrubs.
[f]
To prevent cars from parking too close to trees
or damaging shrubs, an extended curb or wheel stop must be provided.
Planting islands parallel to parking spaces must be a minimum of five
feet wide to allow car doors to swing open.
(m)
Commercial and industrial streetscapes.
[1]
The following landscape strip requirements apply to all commercial
and industrial zones and all nonresidential uses within a residential
zone. The strip must be located on the subject property, adjacent
to the public right-of-way or private streets, and may not include
paved surfaces, with the exception of driveway openings and pedestrian
sidewalks or trails that cross the strip.
[2]
To provide flexible standards that recognize site characteristics,
constraints and opportunities, three options are available to meet
the landscaped strip requirements.
[3]
In the above options, two ornamental trees may substitute for
one required shade tree. One shade tree may substitute for five medium
shrubs; however, shrubs may not be substituted for required trees.
Figure 4-8. Commercial and Industrial Landscaped Strip, Option
1
|
---|
Provide a minimum ten-foot-wide strip between the right-of-way
and the building, planted with a minimum of one shade tree and 10
medium shrubs for every 35 linear feet of street frontage, excluding
driveway openings.
|
Figure 4-9. Commercial and Industrial Landscaped Strip, Option
2.
|
---|
Provide a landscape strip a minimum of 10 feet wide and maximum
of 20 feet wide and an average width of 15 feet adjacent to the public
right-of-way, planted with a minimum of one shade tree and five medium
shrubs for every 35 linear feet of street frontage, excluding driveway
openings.
|
(n)
Building perimeter. A landscaped area shall be provided between
all non-residential buildings, residential buildings containing three
or more dwelling units and mixed use buildings, and the public right-of-way
and along the primary facade.
[1]
The landscaped area shall be equal to the full linear length
of the building base oriented toward the public right-of-way and have
a minimum depth of four feet.
[2]
At least 50% of the required landscaped area shall consist of
landscaping capable of achieving a minimum of 30 inches in height,
with one shade tree planted for each 25 feet or fraction thereof of
the lineal building facade, or one understory tree planted for each
15 feet or fraction thereof of the lineal building facade.
[3]
The layout of the required landscape shall be at the discretion
of the owner, such that the required square footage may be aggregated
to provide maximum aesthetic value. However, each perimeter requiring
landscape must have at least 50% of the required landscape along that
perimeter.
(o)
Loading spaces and loading docks. Loading areas consisting of
two or more loading spaces, and loading docks visible from a public
right-of-way or abutting other property shall be screened by a masonry
wall and landscape buffer. The wall shall be a minimum of six feet
in height using architectural design, materials and colors that are
consistent with those of the primary structure. The landscape buffer
shall be a minimum of five feet in width, a minimum of three feet
in height, and fifty-percent opaque at planting and capable of attaining
a height of five feet and seventy-five-percent opaqueness within 18
months.
(p)
Solid waste storage and building service areas. All trash dumpsters,
trash pads, trash compactors and refuse storage areas shall be screened
from land in a residential zone and must be screened if visible from
a public street. Such screening may be achieved by using a minimum
six-foot-high, completely opaque fence or wall, a six-foot-high berm,
or a six-foot-high evergreen screen. The height of this screen shall
be measured from the grade of the nearest street or from the average
grade of the adjoining residential property line, as applicable.
(q)
Screening walls. A screening wall on a side property line shall
be no more than four feet in height where it projects forward of the
building setback line. Landscaping shall be provided in the form of
a hedge and shrubs planted adjacent to the wall and shall be equal
to at least 25% of its length.
(r)
Open storage areas. An open storage area shall not be permitted
unless it is totally screened from the public right-of-way and adjacent
properties. An open storage area shall be screened by a six-foot-high
masonry wall or ten-foot-wide landscape buffer. The landscape buffer
must be a minimum of three feet in height and fifty-percent opaque
at planting and be capable of attaining a height of five feet and
seventy-five-percent opaqueness within 18 months.
(s)
Merchandise display areas. Merchandise display areas (e.g.,
garden centers), that are visible from a public right-of-way shall
be fenced by a vinyl-coated chain-link or other decorative metal fencing.
Additionally, the merchandise display area shall be landscaped, integrated
into the design of the primary structure using landscaping adjacent
to the perimeter, and utilize one of the following techniques:
[1]
Masonry columns constructed of the same materials and color
of the main building, spaced a minimum of 25 feet apart; or
[2]
A freestanding wall constructed of the same material, color,
height and style as the main building along the entire length of the
fenced merchandise display area that covers at least 50% of the fenced
storage area.
(t)
Drive-through windows. Drive-through windows and lanes adjacent
to or visible from public or private rights-of-way or roadways shall
be landscaped with an eight-foot-wide buffer (for primary facade)
or five-foot-wide buffer (for secondary facade) and of an appropriate
length. The buffer shall be a minimum of three feet in height and
fifty-percent opaque at planting, be maintained at a minimum of three
feet and be capable of attaining a height of five feet, and be seventy-five-percent
opaque within 18 months. The buffer shall contain understory trees
consistent with the appropriate primary or secondary facade requirements.
(u)
Big box retailers. Big box retailers (freestanding industrial-style
one-story buildings with a floor of approximately 100,000 to 200,000
square feet) shall adhere to the following requirements:
[1]
Berms.
[a]
Earth berming shall be required within all perimeter
edge buffers located between parking areas and adjacent street rights-of-way.
Such berming shall achieve a minimum finished-grade height of 24 inches
above the finished grade of either:
[b]
However, in no case may the slopes of any berms
exceed a 3:1 slope. Such bermed perimeter planting buffer strips shall
incorporate a continuous line of shrubs, at least two rows deep. Groundcover
plantings shall be incorporated within the planting design. Curvilinear
shrub and groundcover planting patterns (in lieu of straight-line
planting patterns) which meander within the planting strip, and across
the top of berms, shall be encouraged.
[2]
Walls and columns.
[a]
Eight-foot-high masonry or precast concrete walls
shall be required along all perimeter edge buffers which are adjacent
to residentially zoned properties. Such eight-foot-high walls shall
include columns which project a minimum of six inches from the face
of the adjacent wall segments. The columns shall be spaced no more
than 50 feet on-center; shall extend a minimum of eight inches above
the height of the adjacent wall segments; and shall incorporate a
flared finial or cap component. Furthermore, the wall segments between
columns shall incorporate a continuous, flared cap block (or widened
top edge for precast) feature along the entire wall segment. The masonry
wall cap block shall project from the wall face a minimum of three
inches. Preformed and decorative patterns and indentations shall be
incorporated on any precast concrete wall segments. Such precast pattern(s)
shall coincide with the architectural trim and finish of the principal
structure.
[b]
When site conditions preclude the perimeter edge
buffer berming otherwise required between parking areas and adjacent
rights-of-way, as outlined above, a masonry or pre-cast knee wall
36 inches to 48 inches high) shall be constructed within a minimum
ten-foot-wide planter strip between parking areas and adjacent street
rights-of-way. Pre-cast knee walls shall incorporate a brick or stone
veneer surface which is architecturally compatible with the surface
materials used on the principal structure. Pre-cast knee walls which
feature only a smooth or stucco finish shall be prohibited. Such knee
walls shall incorporate the above-referenced columns. However, spacing
between knee wall columns shall be no greater than 40 feet on-center.
The columns shall project a minimum of six inches from the face of
the adjacent wall segments and shall extend above the adjacent wall
segments between six and 18 inches.
[c]
Furthermore, the wall segments between columns
shall incorporate a continuous, flared, cap block component along
the entire wall (or widened top edge for pre-cast walls). The cap
block shall project from the wall face a minimum of three inches.
Decorative metal railings, or other trim components installed along
the top of such knee walls, shall be encouraged.
[3]
Dumpsters, loading docks, compactors, and the like shall be
screened so as not to be visible from adjacent rights-of-way and/or
adjacent residentially zoned properties. To the greatest extent possible,
steps shall also be taken to noise buffer such store service areas
from adjacent residentially zoned parcels and shall comply with all
existing noise pollution performance standards.
(v)
Residential landscaping. All major residential developments
shall meet the following requirements for minimum planting and buffering
of rear yards from minor collector streets and higher functional road
classifications:
[1]
Trees in residential subdivisions should be grouped together
to simulate natural tree stands.
[2]
Yards, setbacks, and other open space areas within residential
developments shall be landscaped with live vegetation. The minimum
number of shade and evergreen or ornamental trees to be planted on
each lot is a function of the lot size. Table 4.2 specifies the minimum
tree requirements.
[3]
To allow for flexibility and creativity, two ornamental or two
evergreen trees may substitute for one required shade tree. Substitutions
may be made for up to 1/2 of the number of required shade trees, but
in all cases, at least one shade tree must be planted.
Table 4.2 On-Site Residential Planting Requirements
| ||||
---|---|---|---|---|
Residential Type
|
Minimum Number of Shade Trees
|
Number of Ornamental or Evergreen Trees
|
Notes
| |
Single-family or two-family development
|
One per dwelling unit
|
One per dwelling unit
|
Shade tree shall be located in the front yard
| |
Multifamily dwelling developments
|
One per 1,200 square feet or fraction thereof of the building
footprint
|
See Subsection A(4) for explanation of green area and permissible plant substitutions
|
[4]
When determining the amount of trees required for multifamily
dwellings, the following features are not included in the landscape
area calculation: lakes and other water features, required parking
lot landscaping along a right-of-way, and interior parking lot landscape
areas. Figure 4-11 illustrates this calculation.
[5]
Trees fulfilling the perimeter bufferyard requirements may be
counted toward the minimum planting requirements. Existing trees and
woodlands may also fulfill part or the entire minimum planting requirements.
The existing trees must be at least four inches (DBH) and must be
located on an individual lot within 75 feet of a dwelling unit. For
subdivisions, existing shade trees at least four inches (DBH) and
located on an individual lot or common green area may fulfill part
or the entire shade tree requirement for that site.
[6]
The side and rear yards along the perimeter of any residential
development (including single-family residential, multi-family residential
and manufactured housing) must be screened from the view of any street
classified as a collector or higher classification street. The buffer
is required either on individual lots, or as part of the common open
space owned and maintained by a homeowners association. Buffer landscaping
shall not encroach into the sight triangles (Figure 4-12) at street
intersections. Privacy fences, if constructed, shall be on the residential
structure side of the lot. The bufferyard shall be a minimum of 20
feet wide and planted with a minimum of one shade tree, two evergreen
trees, and four large shrubs per every 15 linear feet (or fraction
thereof) of right-of-way.
[7]
If existing woodlands are located entirely in the buffer area,
preserving existing trees may satisfy all or a portion of the planting
requirements. If existing woodlands are partially located within the
buffer area, the number of shade trees, evergreen trees, and shrubs
may be proportionately reduced upon approval from the Township.
(w)
Waivers: conditions and procedure.
[1]
The Planning Board may, in its discretion, authorize and approve
waivers from the requirements and standards of these regulations upon
finding that:
[a]
The approval of the waiver request will not be
detrimental to the public safety, health, and welfare, or injurious
to property within a reasonable proximity to the subject property
involved in the waiver request.
[b]
The strict application of the applicable ordinance
standard will result in practical difficulties in the development
due to the particular physical surroundings, unique constraints, or
topographical conditions of the subject property. These conditions
will not substantially alter the character of the subject district
or neighborhood.
[c]
The practical difficulties were not self-imposed
and cannot be overcome by reasonable design alternatives. Financial
hardship does not constitute a practical difficulty.
[d]
The waiver request is necessary and represents
a minimal deviation from explicit ordinance standards.
[e]
The applicant has provided sufficient justification
for the requested waiver in accord with the requirements of the municipal
ordinances and the Municipal Land Use Law N.J.S.A 40:55D-1 et seq.
[2]
In approving waivers, the Planning Board may impose such conditions
as will, in its judgment, substantially secure the objectives of these
regulations.
[3]
Applications for waivers shall be submitted to the Planning
Board with application forms as prescribed by the Planning Board.
On the application, the applicant shall describe the requested waivers
and shall submit justification in support of each requested modification.
The applicant shall bear the burden of establishing a sufficient factual
basis for each requested modification.
[4]
The Planning Board's decision to grant or deny a modification
or to impose a condition is discretionary.
(x)
Alternative compliance.
[1]
Overview.
[a]
The intent of the Tree Preservation and Replacement
Ordinance is to insure that a minimum density of trees is maintained
on all developed sites. Occasionally, this intent cannot be met because
a project site will not bear the required trees. As many trees as
can reasonably be expected to survive must be planted on the site
in question. To provide a viable alternative for such cases, the developer
may be allowed to contribute to the Township of Upper Deerfield Tree
Replacement Fund.
[b]
The following standards have been established for
administering this alternative compliance method.
[c]
The Township must review and approve all requests
for alternative compliance. In no instance shall 75% of the required
landscaping be met through alternative compliance. As many trees as
can reasonably be expected to survive must be planted on the site
in question.
[d]
The building permit will only be issued after the
Township has approved the alternative compliance plan and received
the necessary documentation and/or funds from the developer.
[2]
Tree planting fund. The Township of Upper Deerfield may accept
donations that will be used for the sole purpose of purchasing, planting
and maintaining trees on public property and for public education
about the benefit of trees.
[a]
Calculating contribution amounts. Contribution
calculations are based on 2.5-inch caliper trees by an amount set
by the Township annually, representing the average size and cost,
materials, labor and guarantee for planting said trees. The contribution
per tree established by this ordinance is $350, said amount to be
reviewed and revised as appropriate.
[b]
Fund administration. The Township of Upper Deerfield
Tree Planting Fund will be administered by the Finance Department.
A report for the Tree Planting Fund will be made available to the
Mayor and Township Committee upon their request.
[c]
The Township Engineer shall determine the locations
for trees to be planted pursuant to this fund.
(y)
Tree replacement standards.
[1]
Introduction.
[a]
The following subsection establishes standards
by which plans and field conditions are to be evaluated to determine
compliance with the tree replacement intent of this Development Code.
[b]
Tree replacement plans should be prepared with
appropriate consideration given to the function of trees in the urban
landscape. Every effort should be made to maximize the environmental
benefit of the plant material.
[2]
Planting specifications.
[a]
Trees selected for planting must be free from injury,
pests, disease, nutritional disorders or root defects, and must be
of good vigor in order to assure a reasonable expectation of survival.
[b]
Standards for transplanting shall be in keeping
with those established in the International Society of Arboriculture
publication Tree and Shrub Transplanting Manual or similar publication.
Reference may also be made to the American Association of Nurserymen
publication American Standard for Nursery Stock (ANS1260.1, 1996 or
latest edition) for plant material quality specifications. Reference
may also be made to the Manual of Woody Landscape Plants (Michael
Dirr, 1983, Castle Books) or similar publication for information on
tree species site requirements.
[3]
Species.
[a]
Species selected as replacement trees must be quality
specimens and must be ecologically compatible with the intended growing
site. To insure diversity, a minimum of four species of trees shall
be used. Sites requiring limited replacement may be evaluated by the
Planning Board to allow use of fewer species.
[b]
Flowering ornamental species are typically not
acceptable for use in meeting street tree requirements.
[c]
Trees shall only be awarded credit toward the trees
required on the site when situated in areas where they may grow to
mature height without pruning.
[4]
Minimum root zones. In order to provide sufficient growing area
for new trees, the following minimum criteria must be observed unless
otherwise approved by the Township:
[5]
Irrigation. Newly planted trees and existing trees subjected
to construction impacts typically need supplemental watering when
rainfall is inadequate. Applicants should be prepared to discuss how
trees are to be watered during their establishment or transition period,
and shall note on the plan the method of irrigation that is proposed
and attendant facilities. For hand watering, for instance, the location
of hose bibs must be indicated; automatic systems using the municipal
public water supply as the source require a backflow preventer approved
by the Township.
[6]
Public street rights-of-way. Trees planted within publicly maintained
street rights-of-way may be counted toward the street tree requirement
for a site when approved by the Township and conditioned upon the
following:
[a]
An indemnification and maintenance agreement must
be recorded with the Township of Upper Deerfield prior to plan approval
for irrigation or plantings within the municipal right-of-way. For
subdivisions, these agreements must be recorded in the name of a homeowners'
association along with documentation attesting to that association's
existence. For all other types of projects, these agreements must
be recorded in the name of any current project owner.
[7]
Placement of trees. Replacement trees shall be located reasonably
uniformly throughout the disturbed area, subject to professional standards
of design.
(z)
Plant material standards.
[1]
Acceptable plant materials. The following are the minimum plant
sizes and conditions to be used in satisfying the requirements of
this ordinance. Acceptable plant materials for landscaping, buffers
and tree replacement shall be as approved by a New Jersey registered
landscape architect or the Township.
[a]
New plant materials.
[i]
Prostrate (spreading) shrubs: at least 12 inches
and up to fifteen-inch spread.
[ii]
Small shrubs (mature height at three feet or less):
at least 12 inches and up to fifteen-inch height.
[iii]
Medium shrubs (those having a mature height of
four feet or less); eighteen-inch-by-twenty-four-inch balled and burlapped
or two-gallon container.
[iv]
Large shrubs (those having a mature height greater
than four feet); 24 inches to 30 inches in height balled and burlapped
or three-gallon container.
[v]
Groundcover: two-and-one-half-inch pot.
[b]
The American Standard for Nursery Stock, published
by the American Nursery and Landscape Association, may be referred
to for the determination of plant standards.
[c]
Existing trees that are to be retained to satisfy
the requirements of this Code shall meet the following standards:
[i]
Trees shall be at least four inches DBH.
[ii]
Trees shall be free from mechanical and natural injuries, insect
infestations and disease.
[iii]
Trees shall be protected from injury to roots,
trunks and branches during grading and construction. Protective fencing,
tree wells, or retaining walls shall be utilized where necessary to
insure tree vigor upon completion of construction.
[2]
Approval of plant material. Approval of a proposal to use a
specific landscaping or buffer material shall be subject to a determination
by a New Jersey registered landscape architect or the Township that
the proposed material is the most appropriate for:
(aa)
Installation and maintenance.
[1]
Installation of plant material.
[a]
Plant materials, as required by the provisions
of this ordinance, shall be installed prior to issuance of a certificate
of occupancy. The Township may allow one planting season in a twelve-month
period in which the installation of plant materials shall be completed,
subject to the performance security requirements, below.
[b]
Buffers, if required, shall be installed before a certificate of occupancy is granted; except where the weather is not suitable for planting or planting stock is not available, and escrow provisions are made in accordance with the requirements of this Subsection A(4)(aa).
[c]
Performance surety as required by N.J.S.A. 40:55D-53.
[i]
In such cases as when planting stock is not available
or weather conditions are not appropriate for planting new trees,
planting may be postponed for up to six months; provided that performance
security is posted with the Township of Upper Deerfield in accordance
with the following criteria:
[A]
Security shall be in cash and submitted to the
Township for escrow, with the appropriate documentation.
[B]
Security shall be escrowed in an amount equal to
110% of the cost of materials, installation and guarantee as demonstrated
by a signed contract between the owner and a qualified landscape contractor,
and as approved by the Township.
[ii]
An inspection shall be made by the Township of
all tree plantings to assure compliance with plan requirements prior
to release of the performance security. The performance security will
be drawn upon by the Township of Upper Deerfield at the time of expiration
if the planting requirements have not been fulfilled, or if the owner
has not requested an extension. One six-month extension may be permitted
with documented justification acceptable to the Township. Any inspections
performed after the final inspection (for project release) are subject
to reinspection fee schedules.
[d]
Maintenance bond as required by N.J.S.A. 40:55D-53.
[i]
Prior to approval of a final subdivision plat or issuance of a certificate of occupancy, or prior to release of a performance surety provided under this Subsection A(4)(aa) (whichever last occurs), a maintenance bond in a form acceptable to Upper Deerfield Township is required for all plant materials installed as a result of the requirements of this ordinance. The developer shall be responsible for maintenance of all such plant materials for two years from the date of acceptance of the maintenance bond.
[ii]
The value of the maintenance bond shall be equal
to 10% of the actual cost of installation of the plant materials.
The cost of installation shall be evidenced by copies of contractor
agreements or actual invoices paid, or as otherwise determined by
the Township of Upper Deerfield.
[2]
Maintenance of required plant material.
[a]
The owner, tenant and their agent, if any, shall
be jointly and severally responsible for the maintenance in good condition
of the plant materials used to meet the minimum requirements of this
ordinance for landscaping or buffer. This responsibility is in addition
to and survives the release of any maintenance bond provided for the
property by the developer. The plant materials shall be kept free
from refuse and debris.
[b]
Plants that are diseased, fatally damaged or are
dead shall be removed and replaced with a plant of the same species,
variety or cultivator, and size as acceptable to the Township.
[c]
Other landscape materials shall be maintained in
proper condition and shall be kept clear of refuse and debris.
[d]
In order to assure the preservation and maintenance
of buffer areas and other landscaping required by this ordinance,
the Planning Board may require specific deed restrictions, provisions
for maintenance of such areas by individual property owners or homeowners'
associations, easements and other legal restrictions which will provide
a means of preserving and maintaining the buffer areas and/or landscaping
required and permit the Township and other third parties to become
involved in the event that a property owner or homeowners' association
fails to comply with the provisions of any such legal restriction.
[3]
Plant materials shall conform to the requirements described
in the latest edition of the American Standard for Nursery Stock,
which is published by the American Nursery and Landscape Association.
Plants shall be nursery grown.
[4]
Plants shall conform to the measurements specified below:
[a]
Caliper measurements shall be taken six inches
above grade for trees less than four inches in diameter and 12 inches
above grade for trees four inches or larger in diameter.
[b]
Minimum branching height for all shade trees shall
be four feet except for trees to be planted within parking lots and
areas where lower branches will interfere with pedestrians.
[c]
Minimum size for shade trees shall be 2.5 inches
in caliper.
[d]
Minimum size for ornamental trees shall be six
to eight feet in height.
[e]
Minimum size for evergreen trees shall be six to
eight feet in height.
[f]
The Planning Board may impose a condition, at the
time of development plan approval, that plants be larger at the time
of installation, due to surrounding character of the neighborhood
or other conditions related to the proposed development.
[5]
After cultivation, all plant materials shall be mulched with
a two- to three-inch layer of shredded bark, peat moss, or other suitable
material over the entire area of the bed or saucer.
[6]
The owner of the premises shall be responsible for the maintenance,
repair, and replacement of all landscaping materials on the premises.
[7]
All landscape areas shall be kept free of refuse and debris.
Fences, walls, and other barriers shall be maintained in good repair.
[8]
It is the responsibility of each private property owner to remove
any dead, diseased, or dangerous trees or shrubs, or parts thereof,
which overhang or interfere with line of sight, traffic control devices,
public sidewalks, rights-of-way, or property owned by the Township.
The Township shall have the authority to order the removal of any
such trees or shrubs.
(bb)
Enforcement. Wherever site plan review is required by the Upper Deerfield Zoning Ordinance, a landscape plan shall be a required part of such site plan. No permanent certificate of occupancy shall be issued without completion of all landscaping shown on the landscape plan required herein. A temporary certificate of occupancy may be issued for the building for a period as deemed appropriate by the Township when weather conditions do not permit landscape installation. Failure to implement the approved landscape plan, including preservation of existing features, or to maintain the landscaping, shall be a violation of the Upper Deerfield Zoning Ordinance subject to the penalties outlined in § 405-113 of the Township Code.
(cc)
Tables of recommended plant materials.
[2]
Trees proposed to meet the parking lot, commercial and industrial
landscaping requirements should be selected from Table 4-3. Trees
proposed to meet the bufferyard and residential landscaping requirements
may be from either Table 4-4 or Table 4-6.
[3]
Shrubs proposed to meet the interior parking lot landscaping
requirements should be selected from Table 4-6.
[4]
Shrubs and vines proposed to meet all other requirements of
the Landscape Ordinance may come from Table 4-5 and Table 4-6.
[5]
Plants used to fulfill the requirements of this ordinance should
be selected from the following tables, unless the Planning Board approves
the use of alternative plant materials.
[1]
Editor’s Note: This ordinance also repealed former Subsection
A(4), Buffers and screening, as amended.
(5)
Concrete structures.
(a)
Concrete structures shall conform to the requirements of the
New Jersey Department of Transportation Standards and Specifications
for Road and Bridge Construction, as currently amended and supplemented.
(b)
Unless otherwise specified, all concrete shall be air-entrained,
having 4% to 7% entrained air.
(c)
Concrete shall be Class A, B, C or D, as prescribed, proportioned
as follows:
Class
|
Cement
|
Sand
|
Coarse Aggregate
|
Void Contract
| |
---|---|---|---|---|---|
A
|
1
|
1.50
|
3.0
|
1.35
| |
B
|
1
|
1.75
|
3.5
|
1.55
| |
C
|
1
|
2.00
|
4.0
|
1.80
| |
D
|
1
|
2.25
|
4.5
|
2.00
|
(d)
Required reinforcing steel shall be intermediate grade deformed
bars conforming to American Society for Testing and Materials designations,
as amended.
(e)
Required joint filler shall be cellular compression material
conforming to the requirements therefor of the New Jersey Department
of Transportation Standard Specifications, as amended.
(f)
In the construction of required concrete structures, the Township
Engineer will determine the slump range within which the contractor
may work. Transit-mix concrete may be used if obtained from sources
approved by the Township Engineer. On-site mixing and proportioning
equipment will also be subject to the approval of the Township Engineer.
(g)
Forms shall conform to lines, dimensions and grades shown on
plans and may only be omitted when soil conditions and workmanship
permit accurate excavation to specifications. Forms shall be firmly
braced, tight and capable of resisting movement, bulging or mortar
leakage. Forms shall be smooth and clear and be completely removed.
(h)
Soil bases for concrete work shall be properly finished to prescribed
lines, grades and dimensions and shall be approved by the Township
Engineer or his representative before concrete is placed. All areas
to receive concrete shall be free of frost, foreign matter and excessive
water, except that soil surface and forms shall be uniformly damp
when concrete is placed. All concrete shall be handled and placed
so as to avoid segregation. Concrete that has begun to set or has
been contaminated with foreign materials or that has too much water
shall not be used. Pouring shall be done in a continuous process until
an individual section is complete. All concrete shall be thoroughly
compacted with vibrator or other suitable equipment. Finished concrete
shall have a wood float finish unless otherwise specified by the Township
Engineer and shall be kept continuously moist for a period of three
days. Curing shall be accomplished at the direction of the Township
Engineer. Expansion joints shall be provided as prescribed and shall
extend the full thickness of the concrete. Concrete shall not be poured
when the temperature is below 40° F. or during periods of precipitation
unless precautions acceptable to the Township Engineer have been taken
to prevent damage to the work. Precautions to avoid freezing of the
concrete shall be in accordance with the current recommendations of
the American Concrete Institute.
(6)
Curbs and gutters. Curbing shall be required to control traffic,
delineate driveway openings, control and/or channel surface drainage,
stabilize or delineate roadways or driveways or for similar purposes
whenever found necessary by the Planning Board.
(a)
Standard monolithic concrete curb and gutter, when required
to be installed along the pavement edge of streets, shall conform
to Diagram 4, Standard Details Curb and Gutter, which is hereby adopted
and made a part of this chapter.[4]
[4]
Editor's Note: The Standard Details Curb and Gutter are on
file in the office of the Township Clerk and may be examined there
during business hours.
(b)
Upon request and where found satisfactory to the purposes to
be met, roll-type curb may be permitted by the Planning Board upon
the advice of and according to the specifications of the Township
Engineer.
(c)
Expansion joints shall be provided at intervals of 20 feet or
when new construction abuts existing construction. The expansion joints
shall be filled with one-half-inch-thick cellular material conforming
to the requirements therefor contained in the Standard Specifications
of the New Jersey Department of Transportation, as amended to date,
to within 1/2 inch of the top and face of the curb and to within 1/4
inch of the top of the gutter. All joints shall extend the full depth
of the structure.
(d)
Finished curb and gutters shall be true to applicable grades,
lines, dimensions and curvatures. Exposed edges shall be neatly rounded
to a one-half-inch radius. Completed work shall be protected from
traffic and the elements and shall be kept moist for at least three
days. Damaged, broken or cracked work shall be renewed by the contractor
at his expense.
(7)
Customer service areas. Any proposed development which has need of
or proposes a stopping or standing area for customers' vehicles shall
provide customer service areas on site which conform to the following
standards:
(a)
Any site plan for a development that provides for temporary
stopping space for vehicles of customers or patrons seeking service
at a roadside business or business catering drive-in service where
the customer does not leave his vehicle, such as a farm produce stand,
gasoline service station, drive-in bank, fast-food takeout or similar
use, shall ensure that the stopping or maneuvering space is at least
10 feet removed from the right-of-way line of the road. In addition,
sufficient waiting or standing area for vehicles approaching the drive-in
window shall be provided on site to prevent the stacking of vehicles
onto the road or its shoulder.
(b)
Maneuvering space or area on site shall be sufficient so that
no vehicle must back into the street or shoulder area thereof. Any
lane used exclusively for a drive-in window(s) shall be separate from
and in addition to driveway area sufficient to permit other on-site
traffic to maneuver around the site without being blocked by standing
traffic.
(8)
Driveways. Any driveway providing access from a public street or
way to any permitted use or structure shall comply with the following:
(a)
All driveways shall enter a street or road right-of-way at an
angle between 75° and 105°.
(b)
The portion of the roadway lying between the right-of-way line
of the street or road and the driveway shall be surfaced as a driveway
extension.
(c)
Any curb opening shall be properly reconstructed to the satisfaction
of the Township Engineer. Where curbing does not exist and the conditions
warrant, an adequate drainpipe shall be installed, as determined by
the Township Engineer.
(d)
Driveway grades shall not exceed 8% by a distance of 40 feet
from any street or road right-of-way line, unless otherwise approved
by the Township Engineer.
(e)
Driveway widths at the street right-of-way lines shall be a
minimum of 10 feet and a maximum of 20 feet in connection with single-family
residential uses. All other uses shall conform to the driveway regulations
contained herein or as may be set forth in the adopted Master Plan.
(f)
The number of driveways provided from a site directly to any
road shall be as follows:
[Amended 1-19-1996 by Ord. No. 449]
Length of Site Frontage
(feet)
|
Number of Driveways
| |
---|---|---|
100 or less
|
1
| |
101 to 800
|
2
| |
Over 800
|
To be determined by the Planning Board upon receipt of advice
of the Township Engineer
|
NOTE: This subsection shall not supersede or in any way modify § 405-62A(1)(c) herein.
|
(g)
All entrance and exit driveways to a road shall be located to
afford maximum safety to traffic on the road.
(h)
Any exit driveway or driveway lane shall be so designed in profile
and grading and shall be so located as to permit the following maximum
sight distances measured in each direction along any abutting Township,
county or state road. The measurement shall be from the driver's seat
of a vehicle standing on that portion of the exit driveway that is
immediately outside the edge of the road traveled or shoulder:
Allowable Speed on Road
(mph)
|
Required Sight Distance
(feet)
| |
---|---|---|
25
|
150
| |
30
|
200
| |
35
|
250
| |
40
|
300
| |
45
|
350
| |
50
|
400
|
(i)
Where a site occupies a corner of two intersecting roads, no
driveway entrance or exit may be located within a minimum of 30 feet
of the tangent of the existing or proposed curb radius of that site.
(j)
No entrance or exit driveway shall be located on the following
portions of any collector or arterial road: on a traffic circle, on
a ramp of an interchange, within 30 feet of the beginning of any ramp
or other portion of an interchange or on any portion of such road
where the grade has been changed to incorporate an interchange.
(k)
Where two or more driveways connect a single site to any one
road, a minimum clear distance of 100 feet measured along the right-of-way
line shall separate the closest edges of any two such driveways.
(l)
Driveways used for two-way operations shall intersect any collector
or arterial road at an angle as near 90° as site conditions will
permit and in no case less than 60°.
(m)
Driveways used by vehicles in one direction of travel (right
turn only) shall not form an angle smaller than 60° with a collector
or arterial road unless acceleration and deceleration lanes are provided.
(n)
The dimensions of driveways shall be designed to adequately
accommodate the volume and character of vehicles anticipated to be
attracted daily onto the land development for which a site plan is
prepared. The required maximum and minimum dimensions for driveways
are indicated in the accompanying table. Driveways serving large volumes
of daily traffic or traffic over 25% of which is truck traffic shall
be required to utilize high to maximum dimensions. Driveways serving
low volumes of daily traffic or traffic less than 25% of which is
truck traffic shall be permitted to use low to minimum dimensions.
Type of Development
|
One-Way Curbline Opening
(feet)
|
Operation Driveway Width
(feet)
|
Two-Way Curbline Opening
(feet)
|
Operation Driveway Width
(feet)
| |
---|---|---|---|---|---|
5- to 10-family residence
|
12 to 15
|
10 to 13
|
12 to 30
|
10 to 26
| |
10-family or over
|
12 to 30
|
10 to 26
|
24 to 36
|
20 to 30
| |
Commercial and industrial
|
24 to 50
|
24 to 34
|
24 to 50
|
24 to 56
| |
Service station
|
15 to 36
|
12 to 34
|
24 to 36
|
20 to 34
|
(9)
Energy conservation.
(a)
Whenever and wherever feasible and site conditions so permit, buildings shall be sited so as to make maximum use of sunlight or winds in connection with energy generation and/or conservation. All buildings and structures hereinafter erected or constructed, altered, added onto or located shall use, to the greatest extent possible, renewable energy sources, within the limits of practicability and feasibility dependent upon the proposed use of the structure and its location. Where an applicant can demonstrate that literal enforcement of the provisions of this chapter will prevent or substantially impair or reduce energy conservation methods or technologies, the Planning Board may waive or adjust the standards, including, through variance procedures as set forth in § 405-71 of this chapter, maximum and minimum yard dimensions as shown on the Schedule of District Regulations.[5] In so doing, the Planning Board shall determine that the
intent and purpose of this chapter and the adopted Master Plan are
met and that adjoining properties and/or their environment will not
be adversely affected by the waiver, adjustment or variance.
[5]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
(b)
In the case of new developments, the majority of all structures
in said development shall have their long axis located within 30°
of true South.
(c)
Whenever plantings are proposed or required as provided under
the provisions of this chapter, no planting of trees, shrubs or any
object shall be permitted which will result in shading or interference
with solar access to the south wall of any proposed or existing building.
When reviewing proposed landscaping for any proposed development,
the Planning Board shall not require or permit, where reasonably able
to do so, any planting or the placement of any object or structure
which will substantially interfere with solar access to adjacent buildings
or existing solar devices or structures.
(10)
Environmental protection.
(a)
The Planning Board in reviewing any application for development shall find that said development will not substantially impair or adversely affect the environment. To this end, the Planning Board shall require an environmental impact statement as specified in § 405-76D(2)(e) be submitted for all proposed nonconforming uses, proposed developments on sites of which 25% or more of said site is wooded or environmentally sensitive, such as floodplains or the designated habitat of an endangered or threatened species of plant or wildlife as determined by the federal or state government, and for any development which in the opinion of the Planning Board will by its very nature threaten or hold the potential to adversely affect the environment.
(b)
All proposed developments shall be constructed and/or carried
out in a manner which protects the existing natural environment of
both the site involved and surrounding areas and which will not adversely
affect the same. Every effort shall be made by the developer to either
preserve the landscape in its natural state or improve existing site
conditions according to high standards of conservation and environmental
protection.
(c)
All proposed developments shall be designed to blend with the
natural environment of the site upon which it is located and the lands
adjacent thereto. Wooded areas, streams or watercourses, slopes and
special features of a site, such as a historic structure or ruin,
scenic vista or special wildlife habitat, shall be protected and preserved
to the greatest extent practical.
(d)
All proposed developments shall be discouraged from lands with
environmental constraints which cannot be overcome or mitigated without
impairing sensitive environmental characteristics of the lands thereon
and adjacent to the site.
(11)
Fire protection. In order to provide fire protection to new
developments, the following standards shall apply:
(a)
All dead-end roads will terminate in an area adequate to provide
ingress and egress as well as maneuvering area for fire-fighting equipment.
(b)
The rights-of-way of all roads shall be maintained so that they
provide an effective firebreak.
(c)
All proposed developments of 25 residential units or more shall
have two accessways to public rights-of-way, and said accessways shall
be of such width and surface composition sufficient to accommodate
and support fire-fighting equipment.
(d)
Wherever a central water supply system will serve a development,
provision shall be made for fire hydrants along the streets, driveways
and/or walls of nonresidential structures as approved by the local
fire department or other appropriate fire official, the Township Engineer
and in accordance with fire insurance rating organization standards.
(e)
Where streams or ponds exist or are proposed on the lands to
be developed and when required by the appropriate Township fire official,
facilities shall be provided for use of water in said watercourses,
including access to a public roadway suitable for use by fire-fighting
equipment and the construction of or improvement of the ponds, dams,
basins or similar on-site watercourse or body for this purpose, where
feasible. Such facilities shall be constructed to the satisfaction
of the Township Engineer and local fire department and in accordance
with fire insurance rating organization standards.
(f)
Where deemed reasonable and appropriate, fire zones shall be
established in connection with all multifamily residential, commercial,
industrial and public or quasi-public use developments. Such zones
shall be for maintaining access to structures by emergency equipment
and to prevent blockage of exits. Such zones shall be appropriately
marked through street signs and the painting of pavement or curbing,
which signs and/or painting shall be maintained by the developer as
a condition of use.
(12)
Frontage.
(a)
Every principal building shall be built upon a lot having frontage
on a public street, either improved to Township standards or for which
said improvements have been ensured by the posting of a performance
guaranty as provided in this chapter.
(b)
Where a building or lot has frontage upon a street which is
shown on an adopted Master Plan or Official Map of the Township and
which street is proposed for right-of-way widening, the required front
yard area shall be measured from such proposed right-of-way line(s).
(c)
Where a parcel of land abuts arterial and/or a major collector
road as classified in the adopted Township Master Plan, no access
driveways or roadways to said arterial road shall be permitted unless
the parcel has a minimum frontage of 500 feet. In those cases where
500 feet of frontage is not available, access to said property shall
be by a marginal access road or from an adjoining public right-of-way.
Parcels of land in existence as of the effective date of this chapter
and which cannot meet this requirement, in the findings of the Planning
Board, may be exempted from such requirement. Where an exemption is
granted by the Planning Board, the Board shall determine the location,
size and number of access driveways permitted to the arterial roadway.
(d)
Where a parcel of land abuts a minor collector road, as classified
in the adopted Township Master Plan, no subdivision of a parcel in
a manner which proposes solely the creation of new lots along the
parcel's road frontage on such a collector and leaving a reserved
interior lot, regardless of said interior lot's size or access to
frontage, shall be permitted. The Planning Board shall encourage the
provision of interior streets and avoid creation of new lots upon
such collector roads. The Planning Board may waive this requirement
in the case of minor subdivisions when the Board finds that such creation
of lots will not be detrimental to the future use of the interior
parcels or the overall integrity of the roadway upon which it fronts.
(13)
Handicapped access. All uses and/or structures intended for
use by the public or to which public access will be permitted shall
comply with all state and federal regulations concerning access by
and provisions for facilities for the handicapped, including provisions
of sufficient handicapped parking areas in close proximity to the
use(s) they are intended to serve.
(14)
Homeowners' association. When required, a homeowners' association
shall be established for the purpose of owning and assuming maintenance
responsibilities for the common open space and common property designed
for or located within a development, provided that the Planning Board
is satisfied that the organization will have a sufficient number of
members to reasonably expect a perpetuation of the organization in
a manner enabling it to meet its obligations and responsibilities
in owning and maintaining any property for the benefit of owners or
residents of the development. As related to a homeowners' association,
common open space and common property shall include, but not be limited
to, the following: structures and facilities, conservation areas,
open space, floodplains, recreation and park areas, streets and other
lands which have not been dedicated to or accepted by the Township.
If established, the organization shall incorporate the following provisions:
(a)
Membership by all property owners, condominium owners, stockholders
under a cooperative development and other owners of property or interests
in the project shall be mandatory. Required membership and the responsibilities
upon the members shall be in writing between the organization and
each member in the form of a covenant, with each member agreeing to
his liability for his pro rata share of the association's costs and
providing, when required, that the Township shall be a party beneficiary
to such covenant to enforce its provisions. When the ownership of
the land is transferred from the landowner to the homeowner's association,
the land and any structure thereon shall be free and clear of all
encumbrances other than those imposed under the conditions of preliminary
approval.
(b)
The association shall be responsible for liability insurance,
taxes, maintenance and any other obligations assumed by the association
and shall hold the municipality harmless from any liability. This
association shall not be dissolved and shall not dispose of any open
space or property by sale or otherwise, except to an association conceived
and established to own and maintain the open space and property for
the benefit of such development, and thereafter such association shall
not be dissolved or dispose of any of its open space or property without
first offering to dedicate the same to the municipality or municipalities
wherein the land is located.
(c)
The assessment levied by the association upon each member may
become a lien on each member's property. The association shall be
allowed to adjust the assessment to meet changing needs.
(d)
The association shall clearly describe in its bylaws all the
rights and obligations of each tenant and owner, including a copy
of the covenant, model deeds and articles of incorporation of the
association and the fact that every tenant and property owner shall
have the right to use all common properties. These shall be set forth
as a condition of approval and shall be submitted prior to the granting
of final approval.
(e)
The articles of incorporation, covenant, bylaws, model deeds
and other legal instruments shall ensure that control of the association
shall be transferred to the members based on a percentage of the dwelling
units sold and/or occupied and shall clearly indicate that, in the
event that such association shall fail to maintain the common open
space or common property in reasonable order and condition, the municipality
may serve written notice upon such association or upon the owners
of the development setting forth the manner in which the association
has failed to maintain the common open space or common property in
reasonable condition, and said notice shall include a demand that
such deficiencies of maintenance be cured within 35 days thereof and
shall state the date and place of a hearing thereon, which shall be
held within 15 days of the notice. At such hearing, the designated
municipal body or officer, as the case may be, may modify the terms
of the original notice as to deficiencies and may give a reasonable
extension of time, not to exceed 65 days, within which they shall
be cured. If the deficiencies set forth in the original notice or
in the modifications thereof shall not be cured within said 35 days
or any permitted extension thereof, the municipality, in order to
preserve the common open space and common property and maintain the
same for a period of one year, may enter upon and maintain such land.
Said entry and maintenance shall not vest in the public any rights
to use the common open space and common property except when the same
is voluntarily dedicated to the public by the owners. Before the expiration
of said year, the municipality shall, upon its initiative or upon
the request of the association theretofore responsible for the maintenance
of the common open space and common property, call a public hearing,
upon 15 days' written notice to such association and to the owners
of the development, to be held by the municipality, at which hearing
such association and the owners of the development shall show cause
why such maintenance by the municipality shall not, at the election
of the municipality, continue for a succeeding year. If the municipality
shall determine that such association is ready and able to maintain
said open space and property in reasonable condition, the municipality
shall cease to maintain said open space and property at the end of
said year. If the municipality shall determine that such association
is not ready and able to maintain said open space and property in
a reasonable condition, the municipality may, in its discretion, continue
to maintain said open space and property during the next succeeding
year, subject to a similar hearing and determination in each year
thereafter. The decision of the municipality in any such case shall
constitute a final administrative decision subject to judicial review.
(f)
The cost of such maintenance by the municipality shall be assessed
pro rata against the properties within the development that have a
right of enjoyment of the common open space and common property in
accordance with assessed value at the time of imposition of the lien
and shall become a lien and tax on said properties and shall be added
to and be a part of the taxes to be levied and assessed thereon and
shall be enforced and collected with interest by the same officers
and in the same manner as other taxes.
(15)
Operation and use standards. No use of any type shall be permitted
within the Township of Upper Deerfield which does not conform to the
standards of use, occupancy and operation contained in this section.
The standards contained herein are hereby established as the minimum
requirements to be maintained within the Township of Upper Deerfield
in all cases, except where superseded by a state or federal agency
requirement having jurisdiction.
(a)
Noise.
[1]
No person shall cause, suffer, allow or permit sound from any
industrial, commercial, public service or community service facility
that, when measured at any residential property line, is in excess
of any of the following.
[a]
From 7:00 a.m. to 10:00 p.m.:
[i]
Continuous airborne sound which has a sound level
in excess of 65 dBA;
[ii]
Continuous airborne sound which has an octave
band sound-pressure level in decibels which exceeds the values listed
below in one or more octave bands:
Octave Band Center Frequency
(Hz)
|
Octave Band Sound-Pressure Level
(dB)
| |
---|---|---|
31.5
|
96
| |
63
|
82
| |
125
|
74
| |
250
|
67
| |
500
|
63
| |
1,000
|
60
| |
2,000
|
57
| |
4,000
|
55
| |
8,000
|
53
|
[iii]
Or impulsive sound in air which has a peak sound-pressure
level in excess of 80 decibels.
[b]
From 10:00 p.m. to 7:00 a.m.:
[i]
Continuous airborne sound which has a sound level
in excess of 50 dBA;
[ii]
Continuous airborne sound which has an octave
band sound-pressure level in decibels which exceeds the values listed
below in one or more octave bands:
Octave Band Center Frequency
(Hz)
|
Octave Band Sound-Pressure Level
(dB)
| |
---|---|---|
31.5
|
86
| |
63
|
71
| |
125
|
61
| |
250
|
53
| |
500
|
48
| |
1,000
|
45
| |
2,000
|
42
| |
4,000
|
40
| |
8,000
|
38
|
[iii]
Or impulsive sound in air which has a peak sound-pressure
level in excess of 80 decibels.
[2]
No person shall cause, suffer, allow or permit sound from any
industrial, commercial, public service or community service facility
that, when measured at the property line of any other commercial facility,
is in excess of any of the following:
[a]
Continuous airborne sound which has a sound level
in excess of 65 dBA;
[b]
Continuous airborne sound which has an octave band
sound-pressure level in decibels which exceeds the values listed below
in one or more octave bands:
Octave Band Center Frequency
(Hz)
|
Octave Band Sound-Pressure Level
(dB)
| |
---|---|---|
31.5
|
96
| |
63
|
82
| |
125
|
74
| |
250
|
67
| |
500
|
63
| |
1,000
|
60
| |
2,000
|
57
| |
4,000
|
55
| |
8,000
|
53
|
[c]
Or impulsive sound in air which has a peak sound-pressure
level in excess of 80 decibels.
[3]
The sound-pressure level shall be measured with a sound-level
analyzer that conforms to specifications published by the American
Standards Association, Inc., New York, New York, or other nationally
recognized standards.
[4]
Exceptions. The operational performance standards established
in this subsection shall not apply to any of the following noise sources:
[a]
Agriculture.
[b]
Bells, chimes or carillons while being used in
conjunction with religious services.
[c]
Emergency energy-release devices.
[d]
Emergency work to provide electricity, water or
other public utilities when public health or safety is involved.
[e]
National Warning System (NAWAS): systems used to
warn the community of attack or imminent public danger such as flooding
or explosion. These systems are controlled by the New Jersey Office
of Emergency or Hazardous Spill Management, Division of State Police.
[f]
Noise of aircraft flight operations.
[g]
Public celebrations.
[h]
Public roadways.
[i]
Surface carriers engaged in commerce by railroad.
[j]
The unamplified human voice.
[k]
Use of explosive devices: These are regulated by
the New Jersey Department of Labor under the 1960 Explosive Act (N.J.S.A.
21:1A-128 to 21:1A-144).
[Amended 9-20-2007 by Ord. No. 596]
[5]
For the purpose of measuring sound in accordance with the applicable
provisions of these regulations, test equipment methods and procedures
shall conform to the provisions of N.J.A.C. 7:29B-1.
(b)
Odor. No emission of odorous gases or other odorous material
shall be permitted in such quantity as to be offensive at the lot
lines or beyond.
(c)
Glare or heat. Any operation producing intense glare or heat
shall be performed within a completely enclosed building so that no
operation will produce heat or glare beyond the property line of the
lot on which the operation is located.
(d)
Radiation. No activity involving ionizing radiation shall be
permitted which will cause radiation at any point on or beyond any
lot line in excess of the limits contained in the United States Nuclear
Regulatory Agency Rules and Regulations, as amended from time to time.
(e)
Vibrations. Every use shall be so operated that the ground vibration
inherently and recurrently generated is not perceptible without instruments
at any point on or beyond any lot line on which the use is located.
(f)
Smoke. There shall be no emission of smoke from any source whatever
to a density greater than that prescribed by the laws of the State
of New Jersey.
(g)
Toxic or noxious matter. No use shall, for any period of time,
discharge any toxic or noxious matter in such concentration as to
be detrimental to or endanger the public health, safety, comfort or
welfare or cause injury or damage to property, business, marine life
or animal life or the environment.
(h)
Dust or dirt. No emissions which can cause any detrimental effect
to human beings, animals, vegetation or property, real or personal,
or which can cause any excessive soiling at any point and in no event
any emission from any chimney or otherwise of any solid or liquid
particles shall be permitted in excess of that prescribed by the laws
of the State of New Jersey.
(i)
Fire and explosion hazard. All industrial or commercial activities
shall be carried on in such a manner and with such precaution against
fire and explosion hazards as to produce no explosion hazard, as determined
by the Township Fire Inspector, to a use on an adjacent property.
Free or active burning materials shall be enclosed with noncombustible
walls and shall be set back at least 40 feet from any lot line or
shall be protected with automatic sprinklers or other fire-fighting
equipment. Materials or products which produce flammable or explosive
vapors under ordinary weather temperatures shall be adequately safeguarded.
(j)
Liquid or solid waste.
[1]
No discharge at any point into any private sewage disposal system
or stream or into the ground of any materials in such a way or of
such a nature, extent or temperature as can contaminate any water
supply or otherwise cause the emission of dangerous or objectionable
elements shall be permitted except in accordance with the standards
adopted by the New Jersey Department of Environmental Protection,
the Cumberland County Department of Health, the Cumberland Utilities
Authority or the Township of Upper Deerfield. No accumulation of solid
waste conducive to the breeding of rodents or insects or which might
create a health or fire hazard shall be permitted, and no materials
or wastes shall be deposited upon any lot in such a form or manner
as may be transferred off that lot by natural causes or forces.
[2]
Effluent from a treatment plant or commercial or industrial
process shall comply with all requirements of the New Jersey Department
of Environmental Protection, the Cumberland County Utilities Authority
and the Township of Upper Deerfield. Where necessary and deemed appropriate
by the Planning Board, special facilities or processes shall be required
to handle effluent and treat the same prior to disposition into public
sewerage systems or natural streams.
(k)
Electromagnetic interference. No activities shall be permitted,
except domestic household appliance use, which produces electromagnetic
interference in excess of standards prescribed by the Federal Communications
Commission or which cause problems for adjoining properties or properties
within the vicinity of the source of such interference.
(l)
Buffer areas. Any permitted industrial use or any other use
which, in the reasonable opinion of the Planning Board, poses a threat
of causing a nuisance similar to those cited hereinabove, and said
use is located adjacent to a zone district boundary with other than
an industrial zone, may be required to establish a buffer area sufficient
in width from said district boundary line to mitigate or eliminate
said possible nuisance. This area shall constitute a buffer zone that
may be utilized only for existing or landscaped plantings or for other
Planning Board approved open space and buffering activities or materials.
[Amended 1-19-1996 by Ord. No. 449][6]
(16)
Design standards for industrial and commercial buildings.
[Amended 12-30-2021 by Ord. No. 832]
(a)
Applicability. The design standards in this section shall apply to warehouses and similar industrial-style buildings having 100,000 or more square feet of gross floor area. The design standards in Subsection A(16)(c)[6], [7] and [8] hereinbelow shall apply only to the facade of a building that faces a public street, which includes any facade for a building or lot with multiple street frontages (e.g., if a building is located on a corner lot fronting on two streets then the standards provided in the aforementioned subsections shall apply to both street facades).
(b)
Architectural form and detail.
[2]
Primary building entries shall be readily identifiable and well
defined through the use of projections, recesses, columns, roof structures,
or other design elements. The primary building entries shall be clearly
articulated to indicate a transition from the exterior to the interior
of the building. Every main entrance shall have a special emphasis
when compared to the other portions of the building. This shall be
accomplished through the use of at least three of the following near
entrances:
[a]
A prominent architectural feature that is unique
to the overall building design;
[b]
Complementary yet differing building materials
or colors;
[c]
Increased use of windows or glass;
[d]
Pedestrian amenities that may include patios, porches,
special paving treatments, seating areas, or awnings; or
[e]
Increased landscaping.
(c)
Color and materials.
[1]
A comprehensive material and color scheme shall be developed
for each site. Material and color variations in multi-building complexes
must be complementary and compatible among buildings.
[2]
A minimum of three colors per elevation shall be required.
[3]
Color utilization should be sensitive to existing development
within the vicinity and the natural landscape in which the project
is situated.
[4]
Materials that contribute to the aesthetics of the community
over the long term shall be required for all buildings. Permanence
in design and construction will add to the overall value and sustainability
of the community.
[5]
All projects shall submit a sample board containing actual samples
of all exterior surface materials, including roofing materials, in
all the colors that will be used.
[6]
Primary materials. Each exterior wall facade facing a public
street shall include two of the following primary materials: brick,
tilt-up concrete, architectural block, architectural metal panel,
insulated metal panel, stone, or glass. Unfinished gray concrete block
is not permitted. The use of noninsulated metal siding exclusively
on any wall is prohibited. All finish material shall be durable to
the effects of weather and soiling.
[7]
Expanses of primary materials, or any other uniform materials
on exterior wall facades facing public streets shall be broken up
with pop outs, recesses, awnings, staggered facades, metal structures,
glass, change in material or texture, or the addition of other designed
three-dimensional architectural features.
[8]
The ends or corners of buildings at the terminations of the
facades facing public streets shall be articulated with one prominent
architectural feature such as a change in primary material (i.e.,
change from tilt-up concrete panel to brick), increased roof projection
of parapet, increased transparency (i.e., glass/window panels) or
change in color.
[9]
Bright, contrasting colors should be used for small areas of
building and for accents only.
[10]
Design and colors of wall signs should be compatible
with the main buildings on the site.
[11]
Materials, design, and colors of monument signs
shall be compatible with the main buildings on the site.
(d)
Accessory buildings.
[1]
The design of accessory buildings (e.g., security kiosks, maintenance
buildings, and outdoor equipment enclosures) shall be incorporated
into and be compatible with the overall design of the project and
the main buildings on the site.
[2]
Temporary buildings shall not to be located where they will
be visible from adjoining public streets.
[3]
Modular buildings shall be skirted with material and color that
is compatible with the modular unit and the main buildings on the
site. All temporary and modular structures shall comply with all other
applicable standards of this title for use and duration of use.
(e)
Building additions. All additions to existing buildings shall
incorporate the predominant architectural features, materials, and
colors of the existing building.
(17)
Lighting.
[Amended 6-4-2009 by Ord. No. 630]
(a)
Statement of need and purpose.
[1]
Good outdoor lighting at night benefits everyone. It increases
safety, enhances the community's nighttime character, and helps provide
security.
[2]
All area lighting shall provide translucent fixtures with shields
around the light source. The light intensity provided at ground level
shall average a maximum of 0.5 footcandle over the entire area. Any
other outdoor lighting shall be shown on the site plan in sufficient
detail to allow a determination of the effects at the property line
and on nearby streets, driveways, residences and overhead skyglow.
[3]
The requirements of this section shall be applicable to commercial
and industrial development.
(b)
Regulations.
[1]
All public outdoor lighting installed in Upper Deerfield Township
shall be in conformance with the requirements established by this
section. All previous language in the Upper Deerfield Township ordinances
regarding outdoor lighting is hereby repealed and replaced with the
provisions hereof.
[2]
The style of the light and the light standard shall be consistent
with the architectural style of the principal building and not to
exceed 30 feet in height above grade. All lighting shall consist of
fixtures that shield the light source to minimize glare and light
trespass and to facilitate better vision at night. Such lighting shall
consist of: full cutoff fixtures, fully shielded wallpack and wall-mount
fixtures, fully shielded fixtures, full cutoff streetlight, fully
shielded security light, fully shielded "period" style fixtures, shielded/properly
aimed PAR floodlights, or flush-mounted canopy fixtures. Such fixtures
should minimize glare and radiation of light in excess of 0% quantity
of light emitted above the horizontal plane of the light source.
(c)
Sports and recreational facilities. Any light source permitted
by this section may be used for lighting of outdoor recreational facilities
(public or private), such as, but not limited to, football fields,
soccer fields, baseball fields, softball fields, basketball courts
or show areas, provided all of the following conditions are met: All
outdoor sporting or entertainment events shall be scheduled so as
to complete before or as near 11:00 p.m. as practical, with event
illumination extinguished as soon as safely possible after the end
of the event.
(d)
Prohibitions.
[1]
Laser source lights and searchlights. The use of laser source light or the operation of a searchlight or any similar high-intensity light for outdoor advertising or entertainment, when projected above the horizontal plane, is prohibited without the approval of Zoning Officer of the Township of Upper Deerfield for the time limits and in accordance with the procedure for temporary banners as set forth in § 405-31D(9).
[2]
No lighting shall shine directly or reflect into windows or
onto streets and driveways in such a manner as to interfere with driver
vision. No lighting shall be of a yellow, red, green or blue beam
or of a rotating or pulsating beam or other intermittent frequency.
The intensity of such light source, light shielding, the direction
and reflection of the lighting and similar characteristics shall be
subject to site plan approval by the Planning Board. The objective
of these specifications review is to minimize undesirable off-site
effects.
[3]
Communications tower lighting shall be subject to Federal Aviation
Administration requirements.
(e)
Effective date and grandfathering of nonconforming lighting.
[1]
This section shall take effect immediately upon approval and
publication in accordance with law by the Township Committee of Upper
Deerfield Township at a regularly scheduled meeting and shall supersede
and replace all previous ordinances pertaining to outdoor lighting.
[2]
All lighting lawfully in place prior to the date of this section
are hereby grandfathered. All new additions to a building and/or a
parking lot that are 50% or more of existing building's square foot
area, and all outside and/or parking lot fixtures must comply with
this section with respect to new additions or increases in size. Any
replacement fixtures must comply with this section in effect at the
time of replacement.
(f)
New subdivision and site plan construction.
[1]
Submission contents. The applicant for any permit, subdivision
plan or site plan required by any provision of this section involving
outdoor lighting fixtures shall submit, as part of the application
for permit, subdivision or site plan approval, evidence that the proposed
work will comply with this section. The submission shall contain but
shall not necessarily be limited to the following, all or part of
which may be part of or in addition to the information required elsewhere
in the laws of this jurisdiction upon application for the required
permit.
[a]
Plans indicating the location on the premises and
the type of illuminating devices, fixtures, lamps, supports, reflectors
and other devices.
[b]
Description of the illuminating devices, fixtures,
lamps, supports, reflectors and other devices and the description
may include, but is not limited to, catalog cuts by manufacturers
and drawings (including specifications where required).
[c]
Photometric data, such as that furnished by manufacturers
or similar, showing the angle of cutoff or light emissions.
[2]
Subdivision plat certification. If any subdivision proposes
to have installed street or other common or public area outdoor lighting,
the final plat shall contain a statement certifying that the applicable
provisions of the Upper Deerfield Township outdoor lighting section
have been or will be satisfied.
[3]
Lamp or fixture substitution. Should any outdoor light fixture,
or the type of light source therein, be changed after the approval
or permit has been issued, a change request must be submitted to the
Building Official or Planning Board Engineer, for his approval, together
with adequate information to assure compliance with this section,
which must be received prior to substitution.
[4]
Newly installed area lights in private yard areas as provided
by the electric utility company shall be provided as cutoff lighting
to comply with the section.
(18)
Lots. In accordance with good design practice, extreme deviations
from rectangular lot shapes and straight lot lines shall not be allowed
unless made necessary by special topographical conditions or other
special conditions found acceptable to the Planning Board. All lots
shall conform to the following requirements:
(a)
Lot dimensions and area shall not be less than the requirements
of the minimum and maximum standards set forth on the Schedule of
District Regulations which are a part of this chapter.[7]
[7]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
(b)
Insofar as is practical, side lot lines shall be either at right
angles or radial to street lines.
(c)
Each lot must front upon an approved paved street with a right-of-way
of at least 50 feet.
(d)
Through lots with frontage on two streets will be permitted
only under the following conditions: Where the length of the lots
between both streets is such that future division of the lot into
two lots is improbable. Access shall be to the street with the lower
traffic function, and the portion of the lot abutting the other street
shall be clearly labeled on the plat and in any deed that street access
is prohibited.
(e)
Where extra width has either been dedicated or anticipated for
widening of existing streets, zoning considerations shall begin at
such new street line, and all setbacks shall be measured from such
new line.
(f)
Whenever land has been dedicated or conveyed to the municipality
by the owner of a lot in order to meet the minimum street width requirements
or to implement the Official Map or Master Plan, which lot existed
at the effective date of this chapter, the Construction Official shall
not withhold a building and/or occupancy permit when the lot depth
and/or area was rendered substandard due to such dedication and where
the owner has no adjacent lands to meet the minimum requirements.
(g)
Not more than one principal use or structure shall be permitted
on any legal lot. This requirement shall not, of course, affect apartment
projects, multifamily developments, shopping centers or other uses
requiring and normally associated with multiple structures or uses
on a singular lot or parcel.
(h)
The creation of lots abutting collector or arterial streets
or roads, as designated in the adopted Township Master Plan, shall
be prohibited, unless the Planning Board finds reasons why such new
lots should not front on interior, minor streets.
(19)
Manholes, inlets and catch basins.
(a)
Concrete blocks, when used for the construction of manholes,
inlets or catch basins, shall have the required radius and material
content and shall otherwise conform to applicable requirements of
the American Society for Testing and Materials specifications.
(b)
Bricks, when used for the construction of manholes, inlets and
catch basins, shall conform to Grade MA of the American Society for
Testing and Materials specifications.
(c)
Iron castings shall conform to the requirements of the American
Society for Testing and Materials specifications for gray iron castings,
as amended and revised to date.
(d)
Manholes, inlets and catch basins shall be constructed in accordance
with standard details shown in Design Standards of Drainage Structures,
which are a part of this chapter.[8] The foundation for all manholes, inlets and catch basins
shall be Class D concrete.
[8]
Editor's Note: The Design Standards of Drainage Structures
are on file in the office of the Township Clerk and may be examined
there during regular business hours.
(e)
Concrete blocks and bricks shall be laid with vertical joints
staggered. Joints shall be not more than one-half-inch thick and shall
be completely filled with a 1:2 cement-sand mortar. The masonry shall
be carried to such a height that a mortar joint not more than one-half-inch
thick will be required for setting the head casting without using
split blocks or bricks. Outside walls shall be plastered with a one-half-inch-thick
coat of mortar troweled to a smooth finish.
(20)
Monuments. Monuments shall be the size and shape required by
N.J.S.A. 46:23-9.11 of the Map Filing Law, as amended, and shall be
placed in accordance with said statute and indicated on the final
plat. All lot corners shall be marked with a metal alloy pin of permanent
character.
(21)
Natural features. In connection with the clearing of any site
for a proposed development or in the construction of any proposed
development, natural features of the site, such as trees, particularly
those trees with a diameter of eight inches at breast height, brooks,
streams, wetlands, hilltops and scenic vistas or views, shall be preserved
whenever possible. On individual lots, care shall be taken to preserve
individual trees, to enhance soil stability and landscape treatment
of the area.
(22)
Off-site and off-tract improvements. As a condition of preliminary
approval and prior to any construction or the filing of an application
for final approval of a subdivision or a site plan, the applicant
shall have made cash payments or, with the consent of the Township
Committee, installed in the manner provided below, with respect to
the immediate or ultimate installation of any required off-tract and/or
off-site improvements:
(a)
Allocation of costs; criteria in determining allocation. The
allocation of costs for off-tract and/or off-site improvements, as
between the applicant, other property owners and the Township or any
one or more of the foregoing, shall be determined by the Planning
Board, with the assistance of the appropriate Township agencies, on
the basis of the total cost of the off-tract improvements, the increase
in market values of the property affected and any other benefits conferred
and the needs created by the application, population and land use
projections for the general area of the applicant's property and other
areas to be served by the off-site or off-tract improvement, the estimated
time of construction of the off-site or off-tract improvements and
the condition and periods of usefulness, which periods may be based
upon the criteria of N.J.S.A. 40A:2-22. Requirements for off-tract
or off-site improvements shall be consistent with Section 30 of P.L.
1975, c. 291.[9] In addition, the following criteria may also be considered,
as well as any other reasonable criteria the Planning Board feels
is necessary to protect the health, safety and general welfare of
the Township:
[1]
Streets, intersections, curbs, sidewalks, shade trees, streetlighting,
street signs and traffic signal improvements may also be based upon
the anticipated increase of traffic generated by the proposed development
or application. In determining such traffic increases, the Planning
Board shall be guided by the adopted Township Master Traffic Plan
and may consider traffic counts, existing and projected traffic patterns,
quality of roads, intersections and sidewalks in the area and other
factors related to the need created by the application or development
and the anticipated benefit thereto.
[Amended 1-19-1996 by Ord. No. 449]
[2]
Drainage facilities may also be based upon or be determined
by the drainage created by or affected by a particular land use, considering:
[a]
The percentage relationship between the acreage
of the application and the acreage of the total drainage basin.
[b]
The use of a particular site and the amount of
area to be covered by impervious surfaces on the site itself.
[c]
The use, condition or status of the remaining area
in the drainage basin.
[3]
Water supply and distribution facilities may be also based upon
the added facilities required by the total anticipated water use requirements
of the property of the applicant and other properties in the general
area benefiting therefrom.
[4]
Sewerage facilities may be based upon the proportion that the
total anticipated volume of sewage effluent of the applicant's property
and other properties connected to the new facility bears to the existing
capacity of existing sewerage facilities, including but not limited
to lines and other appurtenances leading to and servicing the applicant's
property. Consideration may also be given to the types of effluent
and particular problems requiring special equipment or added costs
for treatment. In the event that the applicant's property shall be
permitted to be connected to existing sewer facilities, the applicant
shall pay a charge or be assessed in accordance with law.
[9]
Editor's Note: See N.J.S.A. 40:55D-42.
(b)
Determination of cost of improvements. The cost of installation
of the required off-tract and/or off-site improvements shall be determined
by the Planning Board with the advice of the Township Engineer and
appropriate Township or other agencies.
[Amended 12-30-2009 by Ord. No. 649]
(c)
Manner of construction. When those estimates are received, the
Township Committee shall then decide whether the off-tract or off-site
improvement is to be constructed:
(d)
Amount of contribution. When the manner of construction has
been determined, the applicant may be required to provide a cash deposit
to the Township of one of the following amounts:
[1]
If the improvement is to be constructed by the Township as a
general improvement, an amount equal to the difference between the
estimated cost of the improvement and the estimated total amount,
if less, by which all properties to be serviced thereby, including
the subject property, will be specifically benefited by the off-tract
or off-site improvement.
[2]
If the improvement is to be constructed by the Township as a local improvement, then, in addition to the amount referred to in Subsection A(22)(d)[1] above, the estimated amount by which the subject property will be specifically benefited by the off-tract improvement.
[3]
If the improvement is to be constructed by the applicant, an
amount equal to the estimated cost of the off-tract or off-site improvement,
less an offset for benefits to properties other than the subject property.
(e)
Payment of allocated costs.
[1]
The estimated costs of the off-tract improvement allocated to
the applicant, if deposited in cash, shall be paid by the applicant
to the Township Treasurer, who shall provide a suitable depository
therefor, and such funds shall be used only for the off-tract improvements
for which they are deposited or improvements serving the same purpose,
unless such improvements are not initiated by the Township within
a period of 10 years from the date of payment, after which time said
funds so deposited shall be returned, together with accumulated interest
or other income thereon, if any.
[2]
In the event that the payment by the applicant to the Township
Treasurer provided for herein is less than its share of the actual
cost of the off-tract improvements, then it shall be required to pay
its appropriate share of the cost thereof.
[3]
In the event that the payment by the applicant to the Township
Treasurer provided for above is more than its appropriate share of
the actual cost of installation of the off-tract improvements, it
or its successor or assigns shall be repaid an amount equal to the
difference between the deposit and its share of the actual cost.
[4]
If the applicant shall deem that any of the amounts so estimated
by the Planning Board are unreasonable, it may challenge them and
seek to have them revised in appropriate proceedings brought to compel
subdivision or site plan approval.
[5]
If the applicant and the Planning Board cannot agree with respect
to the applicant's appropriate share of the actual cost of the off-tract
improvement or the determination made by the officer or board charged
with the duty of making assessments as to special benefits, if the
off-tract improvement is to be constructed as a local improvement,
no approval shall be granted; provided, however, that the applicant
may challenge each determination and seek to have it revised in appropriate
judicial proceedings in order to compel subdivision or site plan approval.
(f)
Assessment of properties. Upon receipt from the applicant of
its allocated share of the costs of the off-tract improvements, the
Township may adopt a local improvement assessment ordinance for the
purpose of construction and installation of the off-tract improvements
based upon the actual cost thereof. Any portion of the cost of the
improvements not defrayed by a deposit by the applicant may be assessed
against benefiting property owners by the Township. Any assessments
for benefits conferred made against the applicant or its successors
in interest shall be first offset by a pro rata share credit of the
allocated costs previously deposited with the Township Treasurer pertaining
thereto. The applicant or its successors in interest shall not be
liable for any part of an assessment for such improvements unless
the assessment exceeds the pro rata share credit for the deposit,
and then only to the extent of the deficiency.
(g)
Credit for work performed. In the event that the applicant,
with the Township's consent, decides to install and construct the
off-tract improvement or any portion thereof, the certified cost shall
be treated as a credit against any future assessment for that particular
off-tract improvement or portion thereof constructed by the Township
in the same manner as if the developer had deposited its apportioned
cost with the Township Treasurer, as provided herein.
(h)
Installation of improvements by applicant.
[1]
At the sole discretion and option of the Township, the Township
may enter into a contract with the applicant providing for the installation
and construction of off-tract or off-site improvements by the applicant:
[Amended 8-2-1990 by Ord. No. 360]
[a]
Upon contribution by the Township of the remaining
unallocated portion of the cost of the off-tract or off-site improvement;
or
[b]
The Township shall require all other applicant/developers
within the service area to connect to the system or facility to be
constructed by the applicant, and the applicant shall recapture from
such future applicant/developers the proportionate costs of the excess
construction of such improvements over a period of 10 years from the
time such improvements are completed by the original applicant. At
the discretion of the Township, the ten-year period may be extended;
however, any such extension shall not exceed an additional ten-year
period.
[2]
In the event that the Township so elects to contribute to the
cost and expense of installation of the off-site improvements by the
applicant, the portion contributed by the Township shall be subject
to possible certification and assessment as a local improvement against
benefiting property owners in the manner provided by law, if applicable.
(i)
Compliance to design criteria. Should the applicant and the
Township enter into a contract for the construction and erection of
the off-tract improvements to be done by the applicant, said contract
shall observe all requirements and principles of this chapter in the
design of such improvements.
(23)
Open space and recreational area required. Any residential development
involving 20 or more residential lots, excluding planned unit developments,
apartment or townhouse projects or other residential developments
wherein open space and recreational area provision is required by
this chapter, shall be required to provide 1,500 square feet per lot
within said development, but in no case less than one acre of open
space and recreational area for the use and enjoyment of the residents
of said development.
(a)
Said recreational area shall not be utilized for street rights-of-way,
driveways, parking areas, utility stations, required buffer strips
or other nonrecreational or open space uses.
(b)
Not more than 50% of the total open space saved shall be located
in one or more of the following: a floodplain, wetlands, areas with
a slope greater than 10%, watercourses, bodies of water or other areas
deemed unsuitable for recreational purposes due to environmental or
conservation reasons as made evident by the Planning Board's review
of the environmental impact statement required to be submitted.
(c)
When the recreational and open space to be set aside as provided
herein exceeds three acres, at least 50% of the total open space shall
be developed by the applicant for active recreational activities,
facilities and uses which shall be found suitable to the residents
of the proposed development. Activities, facilities or uses deemed
appropriate and acceptable include swimming pools, tennis, basketball
and volleyball courts, ball fields, tot-lots, golf courses, bicycle
trails and similar active recreational pursuits. The remaining portion
of the required open space may, with Planning Board approval and if
warranted from the environmental impact statement, be permanently
devoted to one or more of the following open space or land uses: parks,
landscaped areas or gardens (including residents' garden plots), woodland
conservation areas, game preserves, stream preservation areas, wetlands,
watershed protection or floodplain areas or similar conservation areas
which permit only passive recreational activities.
(d)
All such recreational areas shall be reviewed by the Planning Board, found adequate and approved. In its review, the Planning Board shall investigate the size of the parcels devoted to open space and recreational areas, their location within the development, the topography and soils of said areas and the suitability of the uses contemplated or proposed, the configuration of the parcels under consideration, facilities and improvements to be provided, the provisions made for maintenance and access to said parcels, traffic flow around said parcels, the ecological aspects, the staging and timing of the recreational area development and how various categories of recreational facilities or areas and their location will be proportionally related to the staging of the development of housing units if such staging is proposed. The Planning Board shall find that such recreational or open space areas conform to the provisions of § 405-38A(8)(a) through (f) and make whatever requirements necessary in granting preliminary approval to said development to assure compliance with the above-cited subsection of this chapter.
[Amended 9-20-2007 by Ord. No. 595]
(e)
Said recreational area or open space shall be owned and maintained by a homeowners' association unless the developer or the homeowners' association offers the dedication of said area or space to the Township which accepts as provided for in connection with cluster developments in § 405-38A(10) of this chapter.
[Amended 9-20-2007 by Ord. No. 595]
(24)
Off-street loading and parking facilities. The following shall
apply to all off-street loading and parking facilities:
(a)
There shall be appropriate means of access to a street or alley,
as well as sufficient area to permit on-site maneuvering and docking.
(b)
The minimum dimensions of stalls and aisles in parking facilities
shall be as follows:
[1]
Parking space width shall be at least nine feet.
[2]
Parking space depth shall be at least 18 feet, with said dimensions
measured on the angle for all angle parking.
[3]
Minimum width of aisles providing access to parking spaces for
one-way traffic only, varying with the angle of the parking, shall
be:
Angle of Parking
(degrees)
|
Minimum Aisle Width
(feet)
| |
---|---|---|
Parallel
|
12
| |
30
|
12
| |
45
|
14
| |
60
|
18
| |
90
|
24
|
[4]
Minimum width of aisles providing access to stalls for two-way
traffic shall be 25 feet.
(c)
Parking areas shall be designed to permit each motor vehicle
to proceed to and from the parking space provided for it without requiring
the moving of any other vehicle. In addition, parking spaces within
any parking areas shall be designed to provide physical barriers to
prevent vehicles parked therein to touch an adjoining building, structure
or planted area or to overhang or protrude into a planted area or
pedestrian walkway.
(e)
The maximum width of driveways and sidewalk openings measured
at the street lot line shall be 35 feet, and the minimum width shall
be 20 feet for loading facilities.
(f)
All off-street loading spaces shall be surfaced with asphaltic
or portland cement concrete or other hard surface, dustless material.
(g)
For the purpose of servicing any property held under single
and separate ownership, entrance and exit drives crossing the street
line shall be limited to two along the frontage of any single street,
and their center lines shall be spaced at least 80 feet apart in the
case of loading facilities and 30 feet apart for parking areas. On
all corner properties, there shall be spaced a minimum of 60 feet,
measured at the curbline, between the center line of any entrance
or exit drive and the street line of the street parallel to said access
drive.
(h)
All loading spaces and access drives shall be at least five
feet from any side or rear lot line.
(i)
All artificial lighting used to illuminate any loading space
or spaces shall be so arranged that no direct rays from such lighting
shall fall upon any neighboring properties.
(j)
The arrangement of the off-street loading spaces shall be such
that no vehicle would have occasion to back out onto the street.
(k)
Off-street loading spaces shall be designed and used in such
a manner as to at no time constitute a nuisance or a hazard or unreasonable
impediment to traffic.
(l)
The screening requirements of § 405-62A(4) shall be applicable to all loading areas, including access and maneuvering areas, abutting residential or commercial districts, and in the case of off-street parking areas of greater than 10 spaces, from all lots in an abutting residence district, including side lots situate across a street.
(25)
Orientation and siting.
(a)
In reviewing site plans for freestanding buildings and structures,
and depending upon individual site characteristics, consideration
shall be given by the Planning Board in its review thereof to positioning
that provides a desirable visual composition, avoids blocking natural
scenic vistas or views, provides a desirable space enclosure, does
not unnecessarily alter existing topography and natural features and
otherwise respects established natural conditions and the character
of surrounding buildings and structures, in particular those structures
of historic significance as determined by local, county, state or
federal listings of such significance.
(b)
The Planning Board shall also give consideration to the positioning
of buildings and structures on the site with respect to energy conservation
and the avoidance of prevailing winter winds and the maximizing of
solar access and gain, both for the proposed structure(s) and any
existing ones in adjoining properties.
(26)
Paving of streets. When required to pave streets or other rights-of-way,
the following standards shall be adhered to:
(a)
Gravel base course shall be constructed in accordance with the
provision of Section 301 of the New Jersey Department of Transportation
Standard Specifications for Road and Bridge Construction, 1983 Edition,
and addenda thereto. Gravel base course materials shall be soil aggregate,
Designation I-5.
(b)
Bituminous stabilized base course materials shall conform to
requirements specified in Section 301 of the New Jersey Department
of Transportation Standard Specifications for Road and Bridge Construction,
1983 Edition, and addenda thereto. Before construction of the bituminous
stabilized base course, the gravel base course shall be in a properly
finished condition conforming to the proper line and grade and free
of soft spots or other deficiencies. Within 24 hours prior to the
commencement of paving, the gravel base course shall be tested by
running a roller of a weight as great or greater than that to be used
in the paving operation over the entire pavement area. When, in the
opinion of the Township Engineer or his duly authorized representative,
such testing results in excess deformation, the developer will be
required to stabilize the gravel base course in a manner satisfactory
to the Township Engineer.
(c)
The method of construction of the bituminous stabilized base
course shall conform to the same State of New Jersey specifications
referred to above for base course material. Upon completion, uniformly
selected core samples intact for full thickness of base course shall
be provided, at the rate of one sample for every 1,000 square yards
of base course, at the expense of the developer.
(d)
The average thickness of the bituminous stabilized base course,
as determined from the core samples, shall be not less than that approved
as a condition of preliminary approval. When the thickness of the
pavement as indicated by any core sample shall show a deficiency of
1/4 inch or more from the approved thickness, the Township Engineer,
at his option, may direct the developer to:
(e)
Materials for the surface course shall be bituminous concrete,
Mix I-5, as specified in Section 404 of the New Jersey Department
of Transportation Standard Specifications for Road and Bridge Construction,
1983 Edition, and addenda thereto, which shall be placed over a properly
installed and, where needed, repaired base course; a tack coat as
specified in this section shall be applied.
(27)
Principal and accessory building or structure design. In reviewing
site plans, consideration shall be given to building materials, use
of color and/or texture, massing, fenestration and advertising features
as they relate to site conditions and harmonize with similar elements
in surrounding buildings and structures.
(28)
Sanitary sewers.
(a)
Sanitary sewer facilities shall be provided and installed in accordance with the specifications as set forth in this section; Chapter 328, Sewer Use, of the Code of the Township of Upper Deerfield; and as required by the Township Engineer. Said sanitary sewer facilities shall be designed and installed for either immediate or future connection with a public or on-site community sanitary sewer system approved by the New Jersey Department of Environmental Protection and the Township Committee of the Township of Upper Deerfield. In the case of any development involving 10 or more lots or units, said development shall be connected to a public sanitary sewer system or an on-site community sanitary sewer system.
(b)
In those cases where a public sanitary sewer system is not presently
available and the site of the proposed development is unsuitable for
individual, on-site septic systems, as determined by the New Jersey
Department of Environmental Protection or other county or local agency,
an on-site community sanitary sewer system approved by the New Jersey
Department of Environmental Protection and the Township Committee
shall be installed. Said on-site septic system shall be provided in
addition to the required installation of sanitary sewer systems for
those areas expected to be provided with public sanitary sewers within
a reasonable period of time. All individual on-site septic systems
shall be installed within the front yard of the lots or in any area
approved by the Construction Official in order to facilitate the eventual
connection of the system to public facilities. This requirement can
be waived by the Construction Official for reasons such as soil conditions,
proximity to groundwater or surface water, or other pertinent reasons,
including the need to repair, upgrade, or expand existing septic systems
which are located in the rear of lots containing existing structures.
[Amended 11-1-2012 by Ord. No. 697]
(c)
In areas where a public sanitary sewer system does not exist
or is not expected to be provided within a reasonable period of time
in the opinion of the Planning Board, the Board may waive the requirement
that the development be connected to a public or on-site community
sanitary sewer facility if the Board determines from an environmental
impact statement, engineering data and other expert testimony submitted
or offered as part of an application for development that individual
on-site septic systems will be suitable and will not cause health
and/or environmental problems or are precluded by environmental constraints.
(d)
All sanitary sewer systems shall comply with the rules and regulations
established by the Department of Health and Senior Services, State
of New Jersey, as amended and supplemented. Sanitary sewer pipe shall
be sized for full flow from the tract. The municipality may require
larger pipe sizes to accommodate future extensions. Minimum grades
for sanitary sewer lines shall be 4/10 of 1% for asbestos-cement pipe
and 5/10 of 1% for vitrified clay pipe.
(e)
The Planning Board may also, as a condition of preliminary approval, require the installation of sanitary sewer facilities necessary to permit connection to a public sanitary sewer system as provided for in connection with Subsection A(22) herein.[10]
[10]
Editor's Note: Former Subsections A(28)(f) and A(28)(g), dealing
with cast-iron pipe, excavation and backfill, which immediately followed
this subsection, were repealed 8-2-1990 by Ord. No. 360.
(29)
Shoulder paving. In each land development requiring project
approval, the area between the edge of the exiting pavement and the
proposed or existing curbing along the entire property frontage of
the road shall be paved in accordance with the standards and specifications
as set forth by the Township Engineer.
(30)
Sidewalks.
(a)
Sidewalks shall be required along all streets, between major
buildings, structures or uses and parking areas in all commercial,
industrial or public use developments, or any development wherein
under the terms of this chapter off-street parking area is required,
and in all areas of a development where it might be reasonably expected
that pedestrians would be traveling on a given site.
(b)
When required and unless reduced or altered by the Planning
Board, all sidewalks shall conform to the following requirements:
[1]
Sidewalks shall be at least four feet wide and located as approved
by the Planning Board. Sidewalks shall be at least four inches thick,
except at the point of vehicular crossing where they shall be at least
six inches thick, of Class C concrete, having a twenty-eight-day compressive
strength of 4,000 pounds per square inch and shall be air-entrained.
[2]
Finished sidewalks shall be true to specified lines, grades
and curvatures. Completed work shall be adequately protected from
traffic and elements.
(c)
The Planning Board may grant a waiver from the provisions of
sidewalks or their design standards as contained herein. When reviewing
a request for a waiver, the Planning Board shall be guided by the
probable volume of pedestrian traffic, the street classification in
instances where streets are involved, school bus stops, the development's
location in relation to other populated areas or pedestrian traffic
generators and the general type of improvement intended. The Planning
Board shall further only grant waivers which are in accordance with
the provisions of the adopted Master Plan.
(31)
Sight triangles.
(a)
Sight triangles shall be required at each quadrant of an intersection
of streets, and streets and driveways. The area within sight triangles
shall be either dedicated as part of the street right-of-way or maintained
as part of the lot adjoining the street and set aside on any subdivision
or site plan as a sight triangle easement. Within a sight triangle,
no grading, planting or structure shall be erected or maintained more
than 30 inches above the street center line or lower than eight feet
above the street center line, except for street name signs and official
traffic regulation signs. Where any street or driveway intersection
involves earth banks or vegetation, including trees, the developer
shall trim such vegetation and trees, as well as establish proper
excavation and grading to provide for the sight triangle.
(b)
The sight triangle is that area bounded by the intersection of street lines and a straight line which connects sight points located on each of the two intersecting street lines the following distances away from the intersecting street lines: arterial streets at 130 feet, collector streets at 60 feet and primary and secondary local streets at 35 feet. Where the intersecting streets are both arterial, both collectors or one arterial and one collector, two overlapping sight triangles shall be required, formed by connecting the sight points noted above with a sight point 35 feet on the intersecting street. In the case of a driveway intersecting a street, the distance shall be measured along the center line of the driveway 20 feet off the proposed curbline or the proposed edge of the cartway and along the street, based on § 405-62A(8)(h).
[Amended 12-19-1991 by Ord. No. 381]
(c)
Any proposed development requiring site plan approval shall
provide sight triangle easements at each driveway with the driveway
classified as a local street for purposes of establishing distances.
The classification of existing and proposed streets shall be those
shown on the adopted Master Plan or as designated by the Planning
Board at the time of the application for approval for a new street
not included on the Master Plan. Portions of a lot set aside for the
sight triangle may be calculated in determining the lot area and may
be included in establishing the minimum setbacks required by the Schedule
of District Regulations, which is a part of this chapter.[11]
[11]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
(32)
Soil erosion and sedimentation control. The specific purpose
and intent of this subsection is to control soil erosion, sediment
damage and related environmental degradation by requiring adequate
provisions for water retention and drainage and to protect exposed
soil surfaces in order to promote the safety of residents and property
owners.
(a)
General regulations. Prior to the issuance of a building or
zoning permit for any proposed project, land use development or the
disturbance of any land area by any person, partnership, corporation,
municipal corporation or public agency within the Township of Upper
Deerfield, a soil erosion and sediment control plan shall be submitted
for review and approval by the Planning Board and issuance of a permit
by the Zoning Officer.
(b)
Application procedure.
[1]
Prior to the issuance of a building or zoning permit for any
project or proposed land development which will cause disturbance
in excess of 5,000 square feet, the applicant for said building or
zoning permit shall submit five copies of a soil erosion and sediment
control plan for the land area involved to the Construction Official
or Zoning Officer or other municipal official designated to receive
said plans by the Upper Deerfield Township Planning Board. The plan
should show the following items:
[a]
The location and description of existing natural
and man-made features on and within 300 feet of the site, including
general topographic and soil characteristics. (The soils information
can be obtained from the Soil Survey of Cumberland County, New Jersey.)
[b]
The location and description of proposed changes
to the site.
[c]
The proposed measures for the prevention of soil
erosion and control of sedimentation, which measures must meet or
exceed Standards for Soil Erosion and Sediment Control, adopted by
the New Jersey State Soil Conservation Committee. Prior to the holding
of any public hearing on this chapter, copies of said standards shall
be placed on file in the offices of the Cumberland County Soil Conservation
District, the Zoning Officer and the Municipal Clerk, and two copies
of said document shall be filed with the Planning Board office.
[d]
A schedule of the sequence of installation of planned
erosion and sediment control measures to be undertaken as related
to the progress of the project, including anticipated starting and
completion dates.
[2]
In the case of agricultural or horticultural uses, a currently
acceptable farm conservation plan will be required. Applicants for
farm conservation plans shall apply directly to the Cumberland Soil
Conservation District for preparation of a plan for the individual
farm. All agricultural or horticultural uses shall have had an acceptable
farm conservation plan prepared by the fifth year from the effective
date of this chapter. Agricultural and horticultural uses now in operation
may continue, subject to the following requirements:
[a]
The owner or operator of any such use not being
operated according to a currently acceptable farm conservation plan
shall make application to the Cumberland Soil Conservation District
for the preparation of such a plan or the approval of and/or any necessary
updating of an existing plan within one year from the date of adoption
of this chapter.
[b]
One year after the effective date of this chapter,
all agricultural or horticultural uses not having an approved farm
conservation plan as required by this subsection or which have not
applied to the Cumberland Soil Conservation District for the preparation
of such a plan or the approval and/or updating of an existing plan
shall be notified by the Zoning Officer of such noncompliance with
the provisions of this subsection.
[c]
After the expiration of five years from the effective
date of this chapter, all agricultural and horticultural uses shall
be required to have a currently acceptable farm conservation plan
prepared and approved by the Cumberland Soil Conservation District.
[d]
The Cumberland Soil Conservation District shall,
annually, as of March 1 of each year, provide the Zoning Officer with
a list of all agricultural or horticultural operations within the
Township of Upper Deerfield that are being carried out according to
currently acceptable farm conservation plans. The Planning Board shall
determine the date at which time an agricultural or horticultural
use shall commence operating in accordance with its currently acceptable
farm conservation plan. All farm conservation plans shall contain
a schedule of compliance which shall list the recommended time(s)
at which an agricultural or horticultural use shall comply with the
plan's proposals and standards. In determining the date of compliance,
the Planning Board shall be guided by said schedule of compliance.
[3]
The above procedures must be followed in all cases of land disturbance,
with the exception of:
[a]
Gardens on residential lots used for home consumption.
[b]
Construction of single-family dwelling units, unless
such unit is part of a proposed subdivision, site plan, special exception,
zoning variance, planned unit residential development, planned unit
development or building permit application involving two or more such
single-family dwelling units.
[4]
The application form and three copies of the soil erosion plan
shall be accompanied by an application fee in accordance with the
provisions of § 405-103C of this chapter. An escrow account
shall be established in accordance with the provisions of § 405-104C(1)(b)
and D.
(c)
Review and approval.
[1]
The Zoning Officer or other municipal official designated to
receive soil erosion and sedimentation control plans and applications
for review shall submit all copies of plans to the Secretary of the
Upper Deerfield Township Planning Board at least two weeks prior to
the Planning Board meeting at which consideration is desired.
[a]
The applicant shall be notified in writing of the
decision of the Planning Board within 30 days from the date of submission
of plans to the Secretary of the Planning Board, unless, by mutual
agreement in writing between the municipality and the applicant, this
period is extended for an additional 30 days. Failure of the Township
to make a decision within such period or such extension thereof shall
constitute certification.
[b]
In cases not approved, a letter explaining reasons
for such disapproval shall be sent to the applicant. Further consideration
by the Planning Board will take place after the applicant remedies
the reasons for disapproval.
[c]
A copy of the Planning Board's decision, including
the name of applicant, site location by street address, block and
lot numbers, and proposed land use, shall be sent to the Cumberland
Soil Conservation District. The Township shall also make available
such other information as may be required by the District.
[2]
Improvements or guaranties prior to receiving permit.
[a]
Upon approval by the Planning Board, the applicant
will be notified. Before the permit will be issued, any erosion safeguards
proposed in the plan shall be installed or, in lieu thereof, the Planning
Board shall require the posting of a performance guaranty for the
satisfactory construction and installation of all required erosion
controls and for the restoration of anything damaged by this construction.
The amount of the performance guaranty shall be determined by the
Township Engineer.
[c]
Release of the performance guaranty. The Township Engineer shall inspect all completed improvements required by the Planning Board for which a performance guaranty has been posted and certify that the improvements have been satisfactorily constructed in conformance with the aforementioned Standards for Soil Erosion and Sediment Control and the terms and conditions of the performance guaranty and that any required maintenance bond has been posted. [General design principles can be found in Subsection A(32)(d) of this section.] The Township Engineer shall submit his certification to the Planning Board for transmittal to the Township Committee with a request for release of the performance guaranty. The Township Committee, at its next regular meeting after receipt of the request for release of the performance guaranty from the Planning Board, may, by resolution, release the performance guaranty.
[d]
If the required improvements have not been installed
in accordance with the performance guaranty, the obliger and surety
shall be liable thereon to the Township for the reasonable cost of
erosion controls not installed.
[e]
The developer shall execute a maintenance bond
in a surety company authorized to do business in the State of New
Jersey or other guaranty acceptable to the Planning Board and approved
by the Township Solicitor as to form for the maintenance and repair
of all soil erosion controls required to be installed by the applicant.
The bond or surety shall be for a period of one year from the date
of final acceptance of the improvement by resolution of the Township
Committee of the Township of Upper Deerfield, after recommendation
of acceptance by the Township Engineer, and its amount shall be equal
to 10% of the Township Engineer's estimate of the cost of construction
of the required public improvements. The bond shall apply only to
such repairs as may be necessitated by substandard original construction
or by damage by the applicant during the course of development
[f]
Release of maintenance bond. The Township Engineer
shall inspect all facilities covered by a maintenance bond 30 days
prior to the expiration date of the bond and certify that the facilities
are in satisfactory condition. The Township Engineer shall submit
his certification to the Planning Board for transmittal to the Township
Committee with a request for release of the maintenance bond. The
Township Committee, at its next regular meeting after receipt of the
request for release of the bond from the Planning Board, may, by resolution,
release the maintenance bond.
[3]
Failure of the Planning Board to act within the allotted time
or a mutually agreed upon extension shall be deemed to be favorable
approval, and the Municipal Clerk shall issue a certificate to that
effect.
[4]
If any person shall be aggrieved by the action of the Planning
Board, an appeal in writing to the Township Committee may be taken
within 10 days after the date of the action of the Planning Board.
A hearing thereon shall be had on notice to all parties in interest,
who shall be afforded an opportunity to be heard. After such hearing,
the Township Committee may affirm or reverse the action of the Planning
Board by a recorded vote of a majority of the total members thereof.
The findings and reasons for the disposition of the appeal shall be
stated on the records of the Township Committee, and the applying
party shall be given a copy.
[5]
Upon final approval, a copy of the approved plan shall be returned
to the applicant, and the other copies of the soil erosion and sediment
control plan shall be filed by the Planning Board with the following:
[6]
Copies of farm conservation plans shall be retained by the Cumberland
Soil Conservation District.
(d)
General design principles. Control measures shall apply to all
aspects of the proposed land disturbance and shall be in operation
during all stages of the disturbance activity. The following principles
shall apply to the soil erosion and sediment control plan:
[1]
Stripping of vegetation, grading, excavation or other soil disturbance
shall be done in a manner which will minimize soil erosion.
[2]
In order to ensure adequate seedbed for reestablished ground
cover on the site, topsoil should not be removed from the site.
[3]
In order to prevent creation of impermeable surfaces, natural
vegetation shall be retained and protected wherever feasible.
[4]
The cleared area shall be kept at the minimum necessary for
movement of equipment, and the exposed area shall be replanted as
soon as possible.
[5]
Either temporary seeding, mulching or other suitable stabilization
measures shall be used to protect exposed critical areas during construction
or other land disturbances.
[6]
Drainage provisions shall accommodate increased runoff resulting
from modified soil and surface conditions during and after development
or disturbance. Such provisions shall be in addition to all existing
requirements.
[7]
To facilitate groundwater recharge, water runoff shall be minimized
and retained on site wherever possible.
[8]
Sediment shall be retained on site to the maximum extent feasible.
[9]
Any approved control structure shall be installed as the initial
phase of operation.
[10]
The minimum standards for soil erosion and sedimentation
control shall be those contained in the aforementioned Standards for
Soil Erosion and Sediment Control.
(e)
Enforcement.
[1]
The requirements of this subsection shall be enforced by the Zoning Officer or other official designated by the Township Committee. He shall inspect or require adequate inspection of the work. If the Zoning Officer or other officer finds existing conditions not as stated in the applicant's erosion and sediment control plan, he may refuse to approve further work and may require necessary erosion and sediment control measures to be promptly installed and may seek other penalties as provided in § 405-113 of this chapter.
[2]
No certificate of compliance for a project shall be issued unless
there has been compliance with the provisions of the applicant's approved
soil erosion and sediment control plan. The applicant shall be required
to have the approved soil erosion and sediment control plan on site
during construction.
(f)
The Township may enter into an agreement with the Cumberland
Soil Conservation District to receive, review and approve applications
and enforce soil erosion and sedimentation control regulations. In
such event, the Cumberland County Soil Conservation District shall
have all power and authority to act in lieu of the Zoning Officer
or other municipal officials designated for this purpose under the
terms of this chapter.
(33)
Solid waste disposal and recycling. All proposed developments
for the construction of 50 or more units of single-family residential
housing or 25 or more units of multifamily residential housing and
any commercial, industrial or institutional development proposed for
the utilization of 1,000 square feet or more of land and all recreational
and public uses shall provide for:
(a)
Centralized collection of solid waste. Such solid waste disposal
areas and facilities shall be sufficient in size to handle anticipated
waste generation of the site and use, be at convenient locations,
and screened from view by approved fencing, walls, plant material
or a suitable combination thereof as specified by § 405-62A4(p)
of this chapter.
[Amended 7-7-2011 by Ord. No. 674]
(b)
Plans for all such areas and facilities for the provision of
source separation and resource recovery, including collection, disposition
and recycling of recyclable materials. Such plans and provisions shall
conform to any adopted solid waste disposal and recycling plan or
ordinance applicable to the area involved.
(34)
Streetlighting. Streetlighting standards and fixtures of a type
and number approved by the Planning Board and Township Engineer shall
be installed at street intersections and elsewhere as deemed necessary
by the Planning Board to provide light for public safety and welfare
along public streets. The developer shall provide for the installation
of connections for streetlighting standards and fixtures wherever
underground utility service is provided.
(35)
Streets.
(a)
All developments shall be served by improved streets with an
all-weather base and pavement with an adequate crown. The arrangement
of streets now shown on the adopted Master Plan shall be such as to
provide for the appropriate extension of existing streets and conformity
with the topography, as far as practical, and allow for continued
extension into adjoining undeveloped lands.
(b)
When a development adjoins land capable of being developed or
subdivided further, suitable provision shall be made for optimum access
from the adjoining tract to existing or proposed streets.
(c)
Local streets shall be designed to discourage through traffic.
(d)
To conserve energy and permit the greatest potential for buildings
to have a southern exposure, all new streets shall have an east/west
orientation, whenever possible, considering topographic features and
existing land use patterns and property configurations.
(e)
In all residential districts, development bounded by an arterial
or collector street shall control access to said streets by having
all driveways intersect minor streets. Where the size, shape, location
or some other unique circumstance may dictate no other alternative
than to have a driveway enter an arterial or collector street, the
lot shall provide on-site turnaround facilities so it is not necessary
to back any vehicle onto an arterial or collector road, and abutting
lots may be required to use abutting driveways with one curb cut.
All lots requiring reverse frontage shall have an additional 25 feet
of depth to allow for the establishment of the buffers outlined below
unless such buffers are established in a reserve strip controlled
by the Township or county. That portion of the development abutting
an arterial or collector street right-of-way shall either be planted
with nursery-grown trees to a depth of not more than 25 feet as a
buffer strip along the right-of-way line and for the full length of
the development so that, in a reasonable period of time, a buffer
area will exist between the development and the highway or, where
topography permits, earthen berms may be created at a sufficient height
to establish a buffer between the development and the highway. Berms
shall not be less than five feet in height, they shall be planted
with evergreens and deciduous trees according to a landscaping plan
so as to be designed to have no adverse effect on nearby properties.
All trees shall be of nursery stock having a caliper of not less than
2 1/2 inches measured three feet above ground level and be of
an approved species as determined by the Township Shade Tree Commission
or Planning Board. They shall be of symmetrical growth, free of insect
pests and disease, suitable for street use and durable under the maintenance
contemplated.
(f)
Street classifications.
[1]
In all developments, the minimum street right-of-way shall be
measured from lot line to lot line and shall be in accordance with
the adopted Township Master Traffic Plan and as set forth hereinbelow.
[Amended 1-19-1996 by Ord. No. 449]
[a]
Minimum street rights-of-way.
Type of Street
|
Minimum Right-of-Way Width
(feet)
| ||
---|---|---|---|
Local roadways
|
50
| ||
Local collector roadways
|
60
| ||
County road system
|
66
| ||
Arterial roadways:
| |||
State highway system
|
80
| ||
County road system
|
66
|
[b]
The following minimum roadway standards shall be
applicable to new roads and existing roads slated for major improvements:
Total Width*
| |||||
---|---|---|---|---|---|
Classification
|
Lane Width
(feet)
|
Minimum Number of Travel Lanes
|
Shoulder Width
(feet)
|
Curbed
(feet)
|
Uncurbed
(feet)
|
Arterial
|
12
|
2
|
12
|
50
|
48
|
Collector
|
12
|
2
|
8
|
44
|
40
|
*
|
NOTE: Add 12 feet of paving for each additional travel
lane. If curbs are required, add two feet of width to the right lane
for a gutter area.
|
[2]
In no case shall a new street that is a continuation of an existing
street be continued at a width less than the existing street, although
a greater width may be required in accordance with the above-referenced
table. Where any arterial or collector street intersects another arterial
or collector street, the right-of-way and cartway requirements shall
be increased by 10 feet on the right side of the street(s) approaching
the intersection for a distance of 300 feet from the intersection
of the center lines.
(g)
No development showing reserve strips controlling access to
streets or another area, either developed or undeveloped, shall be
approved except where the control and disposal of land comprising
such strips has been given to the governing body under conditions
imposed by the Planning Board.
(h)
In the event that a development adjoins or includes existing
Township streets that do not conform to widths as shown on either
the adopted Master Plan or Official Map or the street width requirements
of this chapter, additional land along both sides of said street sufficient
to conform to the right-of-way requirements shall be anticipated in
the subdivision design by creating oversized lots to accommodate the
widening at some future date. The additional widening may be offered
to the Township for the location, installation, repair and maintenance
of streets, drainage facilities, utilities and other facilities customarily
located on street rights-of-way and shall be expressed on the plat
or plan as follows: "Street right-of-way easement granted to the Township
of Upper Deerfield, in the County of Cumberland, permitting the Township
to enter upon these lands for the purposes provided for and expressed
in the Development Regulations Ordinance of the Township of Upper
Deerfield." This statement on an approved plat or plan shall in no
way reduce the subdivider's responsibility to provide, install, repair
or maintain any facilities installed in this area dedicated by ordinance
or as shown on the plat or plan or as provided for by any maintenance
or performance guaranty. If a subdivision is along one side only,
1/2 of the required extra width shall be anticipated. Regardless of
the requirements of this chapter, the Township bears no responsibility
for the maintenance or repair of any street unless the street dedication
is accepted by the Township Committee.
(i)
Longitudinal grades on all local streets shall not exceed 10%,
or 4% on arterial and collector streets. No street shall have a longitudinal
grade of less than 1/2 of 1%. Maximum grades within intersections
shall be 4%. The cross section of the cartway from the center line
to the curbline or edge of the paving shall be parabolic and shall
not exceed a slope of 2%. Where the cartway on a collector or arterial
street is banked to facilitate a curve in the street alignment, the
slope toward the curbline or shoulder shall conform to accepted engineering
practice.
(j)
Local streets should not be part of a four-way intersection.
Intersecting street center lines shall be as nearly at right angles
as possible, and in no case shall they be less than 75° at the
point of intersection. The curblines shall be parallel to the center
line. Approaches to all intersections shall follow straight lines
for at least 100 feet measured from the curbline of the intersecting
street to the beginning of the curve. No more than two street center
lines shall meet or intersect at any one point. Collector and arterial
streets intersecting another street from opposite sides shall not
be offset unless, measuring from the point of intersection of the
street center line, the two intersections shall be spaced a sufficient
distance to permit a minimum of two lot depths between two street
rights-of-way, but not less than 250 feet between rights-of-way. Any
development abutting an existing street which is classified as an
arterial or collector street shall be permitted not more than one
new street every 800 feet on the same side of the street within the
boundaries of the tract being subdivided. In the spacing of streets,
consideration will be given to the location of existing intersections
on both sides of the development. Intersections shall be rounded on
the curbline, with the street having the highest radius requirement
as outlined below determining the minimum standard for all street
lines:
(k)
The right-of-way for internal roads and alleys in commercial
and industrial developments shall be determined on an individual basis
by the Planning Board and shall in all cases be of sufficient width
and design to safely accommodate parking and loading needs of adjoining
uses.
(l)
A tangent at least 200 feet long shall be introduced between
reverse curves on arterial and collector streets. When connecting
street lines deflect in any direction, they shall be connected by
a curve with a radius conforming to standard engineering practice
so that the minimum sight distance within the curbline shall be 160
feet for a local street, 300 feet for a collector street and 550 feet
for an arterial street.
(m)
All changes in grade where the difference in grade is 1% or
greater shall be connected by a vertical curve having a length of
at least 50 feet for each two-percent difference in grade, or portion
thereof, and providing minimum sight distances of 160 feet for a local
street, 300 feet for a collector street and 550 feet for an arterial
street. Intersections shall be designed with as flat a grade as practical
with the advice of the Township Engineer.
(n)
Where dead-end (cul-de-sac) streets are utilized, they shall
conform to the following standards:
[1]
Dead-end streets of a permanent nature (where provisions for
the future extension of the street to the boundary of the adjoining
property is impractical or impossible) or of a temporary nature (where
provision is made for the future extension of the street to the boundary
line of adjoining property) shall provide a turnaround at the end
with a right-of-way radius of not less than 50 feet and a cartway
radius of not less than 40 feet. The center point for the radius shall
be on the center line of the associated street or, if offset, to a
point where the cartway radius also become a tangent to one of the
curblines of the associated street.
[2]
If a dead-end street is of a temporary nature, provisions shall
be made for removal of the turnaround and reversion of the excess
right-of-way to the adjoining properties as off-tract responsibility
of the developer creating the street extension when the street is
extended.
[3]
A dead-end street shall serve no more than 14 lots.
[4]
All cul-de-sac and loop streets shall be entirely located within
the Township of Upper Deerfield and may not extend across a municipal
boundary so as to be partly in another municipality. All proposed
streets in a subdivision, including cul-de-sac streets, loop streets,
minor or local streets and collector streets within the Township,
shall provide access only to lots which meet the area dimension and
lot configuration standards for such lots with land entirely within
the Township of Upper Deerfield. For purposes of this subsection,
a "loop street" is defined as a street that has its only ingress and
egress at two points on the same minor, local or collector street.
[Added 8-2-1990 by Ord. No. 360]
(o)
No street shall have a name which will duplicate or so nearly
duplicate in spelling or phonetic sound the names of existing streets
so as to be confusing therewith. The continuation of an existing street
shall have the same name. The names of new streets must be approved
by the Planning Board.
(p)
In the case of local streets within a development where the Township Committee determines that the length of the street and the nature of adjacent uses warrant such reduction in the width of the paved surface, the width may be reduced below the paved width required in Subsection A(35)(f) of this section.
(36)
Stormwater management.
(a)
General design considerations.
[1]
The drainage system of a proposed development shall be adequate
to carry off and/or store the stormwater and natural drainage water
which originates not only within the subdivision boundaries but also
that which originates from the total natural watershed surrounding
the property in question.
[2]
The drainage system to be installed shall be designed to control
the amount and rate of stormwater runoff. A general principle for
major development design shall be to not increase the parcel's amount
or rate of stormwater runoff by the use of structural and nonstructural
measures.
[3]
Whenever possible, any major development's drainage system shall
be designed for the recharge of groundwater and the retention of stormwater
on site.
[4]
Provisions shall be made to limit the amount of sedimentation
and other pollutants that may enter a natural watercourse as a result
of the development.
[5]
Where possible, a development's stormwater management design
shall preserve stream channels, floodplains and wetlands in their
natural condition to act as buffers against flooding and pollution.
[6]
No stormwater runoff or natural drainage water shall be so diverted
as to overload existing drainage systems, create flooding or require
the construction of additional drainage facilities in other private
or public lands without proper and approved provisions being made
for remedying these off-site or off-tract conditions.
[7]
For all developments, land subject to periodic or occasional
flooding (floodplain areas) shall not be plotted for residential occupancy
nor for any other purpose which may endanger life or property or aggravate
flood hazard. Such land within a plat or plan shall be considered
for open land use.
(b)
Specific design considerations.
[1]
For all developments where the average elevation of the lot
or the elevation of the building site is below the crown of the existing
or proposed road, the lot shall be properly graded to ensure proper
drainage away from buildings and to prevent the ponding of stormwaters
in front, side or rear yards. A grading plan shall be submitted for
such lots to ensure proper drainage prior to final approval.
[2]
The materials used for drainage facilities and appurtenances
thereto shall be in conformance with Standard Specifications for Road
and Bridge Construction of the New Jersey Department of Transportation,
1983, and all addenda. The technique for calculations and design parameters
shall be by the Rational Method for drainage sheds less than four
acres and the Natural Resources Conservation Service Technical Release
55, as currently updated, method for drainage sheds above four acres.
The following recurrence interval parameter shall be adhered to: minor
inlets, two years; low points, five years; sump inlets, 10 years;
minor stream structure, 50 acres or less, 10 years; major stream structures
with no headwaters, 25 years; and major stream structures with maximum
headwaters, 100 years. Single Type B inlets shall not be designed
to catch more than 5 1/2 cubic feet per second, regardless of
head, but shall not be spaced greater than 500 feet, center to center.
Discharge and collection systems shall not be designed for inlet head
under any circumstance.
[3]
Drainage structures which are located on state or county highway
rights-of-way shall be approved by the state or County Highway Engineer's
office, and a letter from that office indicating such approval shall
be directed to the Township Planning Board and shall be received prior
to the final approval. Drainage structures proposed on a brook or
stream with a drainage area of 1/2 square mile, 320 acres or greater,
shall be approved by the New Jersey Department of Environmental Protection,
and a letter from that office shall be directed to the Planning Board
Chairman.
[4]
All proposed subdivisions or developments abutting a brook or
stream whose drainage area, up to and including the subdivision or
development, is greater than 50 acres shall be required to secure
a stream encroachment permit from the New Jersey Division of Water
Policy and Supply, Bureau of Floodplain Management, prior to the authorization
of final approval. Furthermore, a copy of the permit shall be forwarded
to the Planning Board and shall be attached to the final engineering
plans of the same.
[5]
Road drainage. The use of swales for road drainage purposes
may be permitted at the discretion of the Township Planning Board,
provided that the development is under 20 lots, the minimum lot size
is greater than one acre and that the grade does not exceed 6% nor
is less than 1/2 of 1%. In developments with more than 20 lots, swales
may only be permitted along roads in which reverse frontage has been
provided. Where these conditions are not met or where drainage conditions
warrant, curbing and guttering shall be required along all existing
and proposed streets. In minor subdivisions, curbing and guttering
may be required where drainage or traffic conditions warrant or when
the subdivision is in proximity to existing curbed and guttered areas.
[6]
Land drainage. All surface drainage shall be piped except if
the developer demonstrates that the use of swales is a more appropriate
form of conveyance to the satisfaction of the Township Planning Board.
The use of swales shall not be permitted where the adjacent lot sizes
are less than 1/2 acre.
[7]
Swales, where permitted, shall be designed according to the
following standards:
[a]
Swales shall have a parabolic or trapezoid shape.
[b]
Side slopes of a swale along a road shall not be
steeper than 4:1 adjacent to the road and 2:1 on the slope away from
the road. Side slopes of swales not along a road shall not exceed
3:1.
[c]
Trees, brush and stumps, as well as other objectionable
material, are to be cleared and disposed of so as not to interfere
with construction or proper functioning of the waterway.
[d]
Separate areas filled are to be compacted as needed
to prevent unequal settlement that will cause damage in the completed
waterway.
[e]
Waterways and outlets shall be protected against erosion by vegetative means as soon after construction as practical before diversions or other channels are outletted into them. Seeding, fertilizing, mulching and sodding shall be in accordance with the applicable standards as required under § 405-62A(32) of this chapter.
[8]
Storm sewer pipe shall be installed in accordance with proper
engineering practices and shall be designed according to the following
standards:
[a]
The pipe shall be concrete or aluminum as required
by the Township Engineer. Nonreinforced concrete pipe shall conform
to A.A.S.H.O.M.-86 for specified diameter and strength class. Reinforced
concrete pipe shall conform to A.A.S.H.O.M.-170 for specified diameter
and strength class. Aluminum alloy pipe shall conform to A.A.S.H.O.M.-197
for specified diameter and strength.
[b]
All drainage pipes shall have a minimum diameter
of 15 inches. The pipe shall be laid in straight alignment between
manholes. All transitions in slope, changes of direction or pipe size
shall be confined to manholes, catch basins or other accessible structures.
[c]
The size of the pipe, slope and invert elevations
shall be submitted on a final drainage plan.
[d]
In those areas where the groundwater elevation
is such that roadway subbase instability could occur from the same,
the Planning Board or Township Engineer shall reserve the right to
require extra-strength porous concrete pipe in lieu of either reinforced
concrete or corrugated aluminum storm sewer conduit for the purpose
of adequately underdraining the surrounding soil and stabilizing the
affected subbase.
[e]
Slotted drainpipe shall not be permitted except
if approved by the Township Engineer.
[9]
Where a subdivision or development is traversed by a watercourse,
surface or subsurface drainageway, channel or stream or a development
proposes the creation of such surface or subsurface drainageways,
there shall be provided and dedicated a drainage right-of-way easement
to the Township. The width of the drainage easement required shall
be determined by the Township Engineer based upon the width needed
to accommodate maintenance and construction activities. A minimum
width of all drainage easements shall be 40 feet or 20 feet from the
edge of the watercourse.
[10]
Stormwater management basins shall be provided
when the developed runoff from the site exceeds the capacity of the
receiving waters or there is an increase in the developed runoff over
the existing conditions. Nonstructured and/or methods other than basins
may be utilized to decrease the developed runoff.
[Amended 12-19-1991 by Ord. No. 381]
[a]
The following stormwater management calculations
shall be submitted:
[i]
Existing runoff from the basin prior to development
for the following storm frequencies: one-, ten-, twenty-five- and
one-hundred-year.
[ii]
Developed runoff calculations for the following
storms: one-, ten-, twenty-five- and one-hundred-year.
[iii]
An analysis of downstream drainage structures
based on the same storms with the shed in its current condition and
the drainage basin under full development.
[b]
Basins shall not be constructed within the required
setback lines for the zone district in which they are located.
[c]
Where basin water depth based on a one-year storm
exceeds two feet at its maximum depth, an eight-foot-high chain link
fence shall be required.
[d]
Direct unpiped flow to the basin shall be prohibited
where it causes a velocity based on a twenty-five-year design storm
or more than two feet per second.
[e]
Where detention basins are proposed or required,
the following information shall be provided:
[i]
A minimum of two test pits taken to a depth of
five feet below the bottom of the proposed basin. Soil lots will show
the same information as required by the state standards for individual
sewage disposal systems.
[ii]
Stormwater routing for the following storm frequencies:
one-, ten- and twenty-five-year. The routing shall be by the Storage
Indication Method (modified Puls).
[iii]
An evaluation of the effect of a two-hundred-year
storm on the basin.
[iv]
Where a basin is proposed to completely dewater
after a storm, a concrete low-flow channel shall be constructed.
[v]
The minimum basin bottom grading shall be 1.5%.
[vi]
Where the soil permeability rate is slower than
six inches per hour, the basin bottom and sides shall be a minimum
of six inches crushed stone on a layer of filter fabric.
[vii]
Side slopes on grass basins shall be a maximum
of 5:1 and crushed stone basins shall be 3:1.
[viii]
Calculations shall be provided showing the time
for basin to completely dewater after a design storm.
[f]
Where a retention basin is proposed, the following
conditions shall apply:
[i]
The basin shall store the entire runoff from a
twenty-five-year, twenty-four-hour storm with a minimum of 1.0 foot
of freeboard.
[ii]
The basin sides and bottom shall be covered with
filter fabric and a minimum of six inches of crushed stone.
[iii]
Said filter fabric and stone shall not be installed
until such time as the upstream drainage sheds are stable.
[iv]
An emergency spillway shall be provided capable
of passing the one-hundred-year storm event. This spillway shall be
located above the required freeboard.
[v]
An easement will be created from said spillway
to its eventual point of discharge, prohibiting any structures from
being placed in the same.
[g]
All stormwater management basins shall be screened and buffered as required by § 405-62A(4) herein.
[h]
Where alternate means of stormwater management
are proposed, the applicant shall submit complete design criteria
and calculations for the Board's approval.
[11]
Retention basins shall be designed in accordance
with the following standards:
[a]
Inflow Q shall be designed as required for detention
basins.
[b]
Outflow Q shall not be considered for any basin
whose soil percolation rate is in excess of six minutes per inch.
[c]
The bottom elevation of all retention basins shall
be a minimum of two feet above the seasonal high-water table. Overflow
and freeboard design shall be as previously specified for detention
basins. Fencing requirements shall likewise be as previously specified
for detention basins.
[d]
The preferred side slope of the banks for either
detention or retention basins shall be 5:1 ratio, with a minimum acceptable
ratio of 3:1 if conditions do not permit.
[e]
Retention basins are not permitted where soils
have a percolation rate of less than five minutes per inch or more
than 60 minutes per inch.
[12]
Collection basins. The collection basins shall
be designed in accordance with the Rational Method expressed as the
equation:
Q = AIR
|
Where
| |||||
Q
|
=
|
Volume of runoff in cubic feet per second.
| |||
A
|
=
|
The contributory drainage area, in acres, both within and outside
the boundary of the development.
| |||
I
|
=
|
Coefficient of runoff applicable to the drainage area. It shall
consider the soil character, slope of the area and degree of ultimate
development as determined by current zoning. In general, the values
of the runoff coefficient will fall within the following range:
| |||
Classification
|
Coefficient
| ||||
Parklands, golf courses, etc.
|
0.15 to 0.30
| ||||
Densities below 2 dwelling units per acre
|
0.30 to 0.50
| ||||
Densities of 2 dwelling units per acre and above
|
0.50 to 0.70
| ||||
Commercial and industrial
|
0.70 to 0.90
| ||||
NOTE: For composite areas of various classifications, the coefficient
for the predominate area shall be used for all calculations.
| |||||
R
|
=
|
Rainfall intensity. A minimum intensity of 2.75 shall be used.
|
[13]
Flow design criteria.
[a]
Velocity of flow shall be determined by Manning's
formula:
Where
| ||||
---|---|---|---|---|
R
|
=
|
Hydraulic radius of conduit, or area of a stream divided by
wetter perimeter.
| ||
S
|
=
|
Slope of hydraulic grade line or, for open channels or ditches,
the slope of the water surface.
| ||
n
|
=
|
The coefficient of friction. Acceptable values of "n" are 0.015
for circular cross section, nonporous concrete pipe; 0.015 for pipes
18 inches or smaller in diameter and concrete-lined ditches; 0.025
for clear unlined ditches; or 103 to 0.15 for fair to poor natural
streams and watercourses. Other cross sections of pipe materials shall
have commensurate friction factors as may be approved by the Township
Engineer.
|
[b]
Permissible design velocities for open channel
ditches shall be as follows:
Material
|
Velocity
(feet per second)
| |
---|---|---|
Fine sand to loam
|
2.5 to 3.5
| |
Clay to hardpan
|
3.75 to 6.0
| |
Concrete lined
|
15
| |
Pipe
|
See Note
|
NOTE: Minimum design velocity at flowing full condition shall
be three feet per second. Pipes shall be considered flowing full at
maximum capacity.
|
[14]
All stormwater management areas shall be landscaped in conformance
with § 405-62A4(j) of this chapter.
[Added 7-7-2011 by Ord. No. 674]
(37)
Topsoil conservation. Topsoil removed during the course of construction
shall be redistributed so as to provide at least three inches of cover
to all areas of the development not covered and shall be stabilized
by seeding, planting or sodding. In the event that the site does not
contain sufficient amounts of topsoil to provide three inches of topsoil
to all uncovered areas of the development, the developer shall supply
sufficient amounts to meet this requirement. Unless specifically permitted
by the Planning Board, no topsoil shall be removed from the site.
(38)
Traffic and directional signs. Each development requiring off-street
loading or parking areas or where roadways are not dedicated and accepted
by the Township shall install and maintain all appropriate traffic
and directional signs, markers or pavement markings as approved by
the Planning Board or other agency having jurisdiction over such markings.
In the case of parking and loading facilities, parking stalls and
loading areas, traffic flow directions and areas where parking is
for limited periods of time or prohibited shall be clearly marked.
In the case of developments where access is provided by driveways
or streets not dedicated and accepted by the Township, county or state,
all traffic signs, street signs, directional signs and similar markings
shall be installed and maintained in accordance with the requirements
of the appropriate approval authority.
(39)
Visual obstruction. In any district, nothing shall be erected,
placed or allowed to grow in such a manner as to materially impede
vision between a height of 2 1/2 feet and 10 feet above the center-line
grade of an abutting street or streets within 30 feet of an intersection
of street lines involving a state or county road, within 20 feet of
an intersection of street lines involving two municipal streets, or
within 15 feet of an intersection involving boundary lines of a driveway
and a street.
(40)
Water supply.
(a)
Where water is accessible from a servicing utility, the developer shall arrange for the construction of water mains in such a manner as to make adequate water service available to each lot, dwelling unit or use within said development. The entire system shall be designed in accordance with the requirements and standards set forth in Chapter 396, Water Supply Systems, of the Code of the Township of Upper Deerfield, the county and/or state agency having approval authority, and shall be subject to its approval. The system shall also be designed with adequate capacity and sustained pressure for present and probable future development. Minimum Township specifications shall be as follows:
[1]
Water supply facilities and systems shall be provided and installed in accordance with the specifications of this section, the provisions of Chapter 396, Water Supply Systems, of the Code of the Township of Upper Deerfield and as required by the Township Engineer. Said water supply facilities and systems shall be designed and installed for either immediate or future connection with a public or on-site community water supply facility or system approved by the New Jersey Department of Environmental Protection and the Township Committee of the Township of Upper Deerfield. In areas where public water supply does not exist or is not expected to be provided within a reasonable period of time in the opinion of the Planning Board, the Board may waive the requirement that water supply facilities be installed to connect with public water supply facilities or systems.
[2]
In those cases where a public water supply facility or system
is not presently available and the site of the proposed development
is unsuitable and unsafe in terms of public health for individual
on-site water supply facilities, as determined by the New Jersey Department
of Environmental Protection or other appropriate local agency, an
on-site community water supply system approved by the New Jersey Department
of Environmental Protection and the Township Committee of the Township
of Upper Deerfield shall be installed. Said on-site water supply system
shall be provided in addition to the required installation of water
supply facilities for those areas expected to be provided with public
water supply facilities or systems within a reasonable period of time.
[3]
All water supply and treatment facilities shall comply with the rules and regulations established by the New Jersey Departments of Health and Environmental Protection, as currently amended, and the Township of Upper Deerfield. Water mains shall be sized for adequate delivery of pressure and volume as set forth in Chapter 396 of the Code of the Township of Upper Deerfield
[Amended 8-2-1990 by Ord. No. 360[12]]
[12]
Editor's Note: This ordinance also provided for the deletion
of former subsections [4] through [9], which immediately followed
this subsection.
(b)
Where public water is not available, potable water supply shall
be provided to each lot on an individual well basis. Such wells shall
be designed in accordance with the requirements and standards of the
Township and/or state agency having jurisdiction.
A.
Where, due to natural features or special conditions, a literal enforcement
of the provisions of this article is not possible, will create substantial
hardship on adjoining properties or the occupants of the proposed
development, or is found by the Planning Board to be detrimental to
the stated goals and objectives of the Township's development policy
as expressed in the adopted Township Master Plan, the Planning Board
may, by resolution, grant such waivers from or adjustment to the requirements
thereof as will not be contrary to the public interest and will not
subvert the objectives of the Township Master Plan and this chapter.
Financial hardship or disadvantage shall not be sufficient cause or
proof of hardship.
B.
All requests for waivers or adjustments to the design standards contained
in this chapter shall be submitted in writing to the approval authority
and shall clearly set forth reason(s) why literal enforcement would
not be possible, would cause substantial hardship (detailing such
hardship), or be contrary to Township planning goals and objectives.
C.
In reviewing such request, the approval authority shall give consideration
to the development size, anticipated or recognizable adverse impact(s),
natural and existing conditions at the development site or adjacent
thereto and reasonable feasibility of design standard to development
proposed.
A.
All improvements to be installed as set forth in this article, when
required of a developer, shall be subject to inspection by the approval
authority engineer or the Township Engineer, who shall be notified
by the developer at least seven days prior to the start of construction.
No underground installation shall be covered until inspected and approved
by the appropriate engineer.
B.
The Planning Board may require the developer to provide an office
or shelter suitable for use by the on-site Township inspector when
the development size and intensity warrants the same due to the scope
and complexity of required improvements.