Any application for development within the Township of Deerfield shall demonstrate conformance to design standards that will encourage orderly development patterns within the municipality. Each development submitted for review and approval in accordance with this chapter shall conform to the design provisions and performance standards and requirements contained herein.
All proposed developments shall conform to the proposals and conditions or standards shown on the adopted Township Master Plan as amended. The conformance to and impact upon proposed streets, drainage rights-of-way, school sites, public parks, recreational areas or open spaces, scenic and/or historic sites, community facilities, utilities or conservation areas, or other facilities or areas shown on the officially adopted Master Plan shall be considered by the Land Use Board in the review of plats and plans for development and may be referenced by it in setting conditions for the approval of any proposed development.
A. 
Future development. All improvements proposed in any development shall be designed and installed in such a way as to connect to any existing facilities and to enable future connections or extensions of expanded or new facilities. Wherever possible and in some instances required that improvements shall be designed to handle present and probable future development to the reasonable extent practical.
B. 
Character of land. Land which the Land Use Board finds to be unsuitable for proposed subdivision or their use due to environmental constraints, such as but not limited to flooding, improper drainage, steep slopes, soil conditions, or the existence thereon of historic sites, or vegetative or wildlife habitat, critical environmentally sensitive areas; and where the effect of such lots or development 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 developed unless acceptable and adequate measures or methods are formulated and undertaken by the applicant to eliminate and satisfactorily mitigate the problem(s) or adverse impact(s) which meet the intent and standards and regulations of this article and other applicable regulations, where applicable.
All developments shall be subject to the specific provisions or standards contained in the following sections. In the case of residential developments, the Residential Site Improvement Standards, as amended and supplemented from time to time according to law, shall supersede the standards included herein dealing with the same provisions or improvements. The following provisions and standards shall be addressed and satisfied in connection with development review and approval.
It is the intent of these regulations to limit access points from roadways designated as collectors or arterial roadways as identified on the adopted Township Master Plan and the adopted Traffic and Transportation Plan Update, prepared by the Cumberland County Planning Board in the 1991 Cumberland County Transportation Plan, in order to preserve the road-carrying capacity and traveling safety along said roads.
A. 
No driveway or access from an arterial roadway shall be permitted unless the site requiring said access has a minimum site frontage along said arterial roadway of 500 feet. Such access shall only be permitted where access is not available from another roadway or reverse frontage or a marginal access road are not possible due to the size and configuration of the parcel of land involved.
B. 
Along major or urban collector roadways access shall be restricted to site having a minimum site frontage of 300 feet. In the case of existing lots with less than the required 300 foot frontage available, the Land Use Board may adjust the required frontage accordingly. Wherever possible, joint use of access drives or roads shall be encouraged, facilitated and permitted to the extent practical and reasonable.
C. 
Within designated centers as delineated on the adopted Township Master Plan, the requirements for access shall be determined by the minimum lot widths permitted within the zoning district wherein the parcel requesting access is located.
D. 
Whenever a development abuts or crosses a municipal boundary, access to the lots within said development within the Township shall be from the Township as the general rule. Wherever access to a development is required across land in an adjoining municipality as the exception, the Land Use Board may require documentation that such access is legally established and that the access road is adequately improved.
All agricultural activities and fish and wildlife activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with the recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service, and the New Jersey Agricultural Experimental Station at Rutgers, the State University of New Jersey. In all cases, agricultural activities shall include provisions to prevent problems with surface runoff, erosion and protection of environmentally sensitive lands adjacent to farming operations. Also see § 120-71G of this chapter regarding agricultural buffer requirements.
All development shall adhere to the relevant air quality standards of N.J.A.C. 77:27 et seq. Adherence to the standards of this section shall be determined by means of an air quality simulation model approved by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-18.3.
A. 
The length, width and acreage of street blocks shall be sufficient to accommodate the size lot required in the zone district in which it is to be located and to provide for convenient access, circulation control and traffic study.
B. 
Blocks over 1,000 feet in length within 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 Land Use Board. No block within a residential area shall exceed 1,500 feet in length.
C. 
Within commercial and industrial areas, block length shall be sufficient to meet area and yard requirements for such uses and to provide proper street access and circulation.
Wherever buffers or screening are required, it shall be installed according to the following:
A. 
Buffer areas shall require site plan review and are required along all lot lines and street lines which separate a nonresidential use from either an existing residential use or residential zoning district. Buffer areas shall be developed in an aesthetic manner for the primary purpose of screening views and reducing noise, glare, blowing debris or other nuisances perception or effect beyond the lot. No structure, use, activity, storage of materials, or parking of vehicles shall be permitted within a buffer area.
B. 
The standards for the location and design of buffer areas are intended to provide flexibility in order to provide effective buffers. The location and design of buffers shall consider the use of the portion of the property being screened, the distance between the use and the adjoining property line, differences in elevations, the type of buffer such as dense planting, exiting woods, a wall or fence, buffer height, buffer width, and other combinations of man-made and natural features. The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line, or the more intense the use; then the more effective the buffer area must be in obscuring light and vision, and reducing noise or other nuisances beyond the lot.
C. 
All buffer areas shall be planted and maintained with either grass or ground cover together with a screen of live shrubs or scattered plantings of live trees, shrubs, or other plant material meeting the following criteria:
(1) 
The preservation of all natural wooded tracts shall be an integral part of all development plans and may be calculated as part of the required buffer area provide that growth is of a density and the area has sufficient width to serve the purpose of a buffer. Where additional plantings are necessary to establish an appropriate tone for an effective buffer, said plantings shall conform to § 120-93 of this chapter;
(2) 
Plant materials uses in screen planting shall be at least three feet in height when planted and be of such density as will obscure, throughout the full course of the year, the glare of vehicle headlights emitted from the premises;
(3) 
The screen planting shall be so placed that at maturity it will not be closer than three feet from any street or property line;
(4) 
Trees shall be at least eight feet in height and four inches in caliper when planted, free of disease and insect pests, and approved stocked as required by § 120-93 of this chapter;
(5) 
Any plant material which does not live shall be replaced within one year or one growing season; and
(6) 
Screen plantings and landscaping shall be broken at points of vehicular and pedestrian ingress and egress to assure a clear sight triangle at all street and driveway intersections.
D. 
Constructed screening shall consist of a masonry wall or barrier or a uniformly painted fence of one material highly resistant to weather conditions or decay and at least six feet in height, no more than eight feet above finished grade at the point of construction. Such wall, barrier or fence may be opaque or perforated, provided that not more than 50% of its area is open. Whenever a masonry wall is deemed appropriate and/or necessary, it shall set back one foot from any property line and shall not be located in any front yard area. This requirement shall not apply to a retaining wall as defined in § 120-5 of this chapter.
E. 
Whenever buffers are required, the Land Use Board may specify that earthen berms be utilized. Such berms shall be not less than five feet in height as measured from the grade of the adjoining road or land they are intended to screen. They shall be designed and constructed to blend with surface drainage plans for the property being developed and to not create surface runoff problems for adjoining properties. Berms, when required or proposed, shall be provided with a minimum four inches of topsoil, seeded and landscaped with trees and shrubs as set forth in Subsection D hereinabove.
F. 
The following special screening standards shall apply:
(1) 
No more than 10 automobiles, trucks or motor vehicles, whether or not they are in operating condition, shall be stored on any lot unless such motor vehicles are adequately screened from adjacent residential uses. This section shall not apply to vehicles which are in operating condition which are maintained for agricultural purposes.
(2) 
New utility distribution lines and telephone or cable television lines to locations not presently served by utilities shall be placed underground, except for those lines which are located on or adjacent to active agricultural operations.
(3) 
All electric utility transmission lines shall be located on existing towers or underground to the maximum extent practical.
(4) 
Aboveground generating facilities, switching complexes, pumping and/or substations, or other electronic equipment cabinets shall be screened with vegetation from adjacent uses and streets in accordance with the provisions of this article.
G. 
Buffer strip.
(1) 
All nonagricultural developments shall provide a buffer strip of 100 feet in width in addition to the required minimum lot size and minimum yard dimensions, along any boundary with land that is assessed as qualified farmland under the New Jersey Farmland Assessment Act[1] and so identified on the Township tax duplicate. If the proposed nonagricultural development requires the installation of a new street or involves ten or more new dwelling units, then said buffer strip shall be increased to 200 feet. The intent of this required buffer is to recognize the primacy and importance of farmland and the conflicts which too often arise between active farming operations and nonfarming land use activities. The more dense the proposed development the more necessary a buffer between uses is required.
[1]
Editor's Note: See N.J.S.A. 54:4-23.1 et seq.
(2) 
Said buffer strip shall not be included in measurement for establishing setbacks for construction and for yard requirements on the lot. Said buffer strip shall be restricted by deed and by final subdivision plat or site plan against construction of any buildings, structures or recreational facilities such as a swimming pool or tennis court, other than fences, walls or drainage facilities and against removal of any screen of trees or hedges, so long as the adjacent land is assessed or qualified as farmland under the New Jersey Farmland Assessment Act, or is actively farmed should the Farmland Assessment Act be revoked or substantially modified. The right to enforce said restriction shall be held separately and may be exercised independently by the Township of Deerfield or by the owner of the adjacent farmland.
(3) 
In addition, the developer shall be required to plant a screen of trees, hedge or shrubbery, and/or may, at the sole discretion of the Land Use Board, be required 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 one foot from the property line which abuts the farmland. The fence shall be installed by the applicant and/or developer. The Land Use 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. The Board may grant exceptions to this requirement as may be reasonable and within the general purpose and intent of the provisions of this section if literal enforcement of the requirement is impractical or will exact undue hardship because of peculiar conditions pertaining to the land involved.
(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 as set forth in Subsection A above. The plant material shall be of such a type and nature as to provide a visual and dust screen and must be at least six feet in height when properly planted. This screen planting requirement may be waived entirely or partially by the Land Use 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. The Land Use 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 as well as the owners or farmers of the adjacent farmland in making such determination.
(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 Use 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 Land Use Board and a performance and maintenance bond are posted to insure said plan's completion as required by Article X of this chapter.
(d) 
Said agricultural buffer when required shall remain in effect for as long as the adjoining property maintains its farmland certification and if said certification is removed or revoked, then for a period of two years beyond the date that the farmland certification is revoked or removed from the adjoining property on the Township tax duplicate, provided that within said time period the certification is not made applicable again, in which case, said buffer requirement shall remain in full force and effect.
(4) 
The requirement of a buffer strip as set forth in this subsection shall apply only to the development of a lot created after March 6, 2002, the effective date of the adoption of Ordinance 2002-1.
[Added 11-2-2005 by Ord. No. 2005-9]
H. 
In order to assure the preservation and maintenance of required buffer areas or screening, the Land Use Board may require specific deed restrictions, 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 a property owner or homeowners' association fails to comply with the provisions of any such legal restrictions.
A. 
Concrete structures shall conform to the American Society for Testing Materials cement designations C-150, Type 1 for Standard Portland Cement; C-150, Type 3 for High Early Strength Portland Cement; and C-175, Type 1-A for air-entraining Portland Cement. Vinsol resin or Darex A.E.A. shall be used as the air-entraining agent and both fine and coarse aggregate shall conform to requirements therefor of the New Jersey Department of Transportation Standard Specifications, as amended and supplemented.
B. 
The following standards shall be met unless modified by the Township Engineer:
(1) 
Unless otherwise specified, all concrete shall be air-entrained, having 4% to 7% entrained air.
(2) 
Concrete shall be Class A, B, C, or D.
(3) 
Required reinforcing steel shall be intermediate grade deformed bars conforming to American Society for Testing Materials Designation A-15 and A-305, as amended and supplemented.
(4) 
Required joint filler shall be a cellular compression material conforming to the requirements therefor of the New Jersey Department of Transportation Standard Specifications, as amended and supplemented.
(5) 
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 form sources approved by the Township Engineer. On-site mixing and proportioning equipment will also be subject to the approval of the Township Engineer.
(6) 
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 shall be completely removed.
(7) 
Soil base 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 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 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 40º 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.
Residential developments shall comply with the provisions of the Residential Site Improvement Standards. In all other developments, the standard monolithic concrete curb and gutter as contained in the Traffic and Transportation Plan Update, prepared by the Cumberland County Land Use Board in 1991, shall be required along the pavement edge of all streets. As provided in the Master Plan, the Land Use Board may, at its discretion, permit six inches by 24 inches vertical concrete roll-type curb along local streets.
In order to prevent confusion or uncertainty for the fast and efficient location of an address within the community, the proposed name of any development shall not duplicate, or too closely approximate, the name of any other development in the Township or within close proximity to it which shall include within any adjoining municipality. Nor shall a proposed name of a development use as part of its name the name of another municipality adjoining or within a reasonable distance from the Township of Deerfield. The Land Use Board shall the final authority to designate the name of proposed development to assure compliance with this requirement which shall be determined at the preliminary stage of development review. This section shall not apply to any established development which is within the Township.
A. 
Whenever and wherever feasible, 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 or added onto shall use renewable energy sources, within the limits of practicability and feasibility depending on the proposed use of the structure and its location. Where an applicant can reasonably demonstrate that literal enforcement of the provisions of this chapter will prevent or substantially impair or reduce energy conservation methods or technologies, the Land Use Board may waive or adjust said standards, including, through variance procedure as set forth in § 120-48, maximum and minimum yard dimensions as shown on the Schedule of Zoning District Regulations. In so doing, the Land Use 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 or adjustment.
B. 
In the case of new developments, the majority of all structures in said development shall have their long axis located within 30º of true South.
C. 
Wherever plantings are proposed or required as provided under the provisions of this chapter, no plantings of trees, shrubs or any object shall be permitted which will result in shading or interfering with solar access to the south wall of any proposed building. When reviewing proposed landscaping for any proposed development, the Land Use Board shall not require or permit, where reasonably able to do so, any planting or object which will substantially interfere with solar access to adjacent buildings or existing solar energy devices or structures.
A. 
All dead-end roads shall terminate in a manner which provides safe and sufficient entry and exit for fire equipment.
B. 
The rights-of-way of all roads in wooded areas shall be maintained so that they provide an effective fire break.
C. 
All proposed developments of 25 units or more will have two accessways to public rights-of-way and said accessways shall be of such width and surface composition sufficient to accommodate and support firefighting equipment.
D. 
Wherever a central water supply system will serve a development, provision shall be made for fire hydrants along the streets and/or on the walls of nonresidential structures as approved by the appropriate fire district or other appropriate fire official, the Township Engineer and in accordance with Fire Insurance Rating Organization Standards.
E. 
Improved driveway.
(1) 
Whenever a dwelling or structure are proposed to be located a property more than 300 feet from the adjoining street right-of-way, the owner of said property and dwelling or structure shall provide a twenty-foot improved driveway which includes a turnaround with "K" turn located within 100 feet of the dwelling. Said driveway shall be improved with a minimum gravel base and dense graded aggregate (dga) or pavement and trees shall be trimmed to a minimum height of 20 feet across the driveway area for vertical clearing space. At the discretion of the applicant, with the consent of the Land Use Board, may install a minimum driveway of 20 feet for the initial 100 feet and a minimum width of 12.5 foot wide thereafter. Said driveway to be improved as required above. Said driveway is to have a loop or "K" turnaround area installed and a dry standpipe system (six-inch NFT pipe made of PVC with connections at both ends protected by concrete or metal pilasters, said pipe to be installed at thirty-degree grade and below frost level 42 inches). Said dry line is to start between 75 and 100 feet from the center of the adjoining road to the property and is to run to a point not less than 100 feet of the dwelling along the driveway. Said dry waterline is to be installed to the specifications to all applicable codes and be subject to review by the local Fire Department.
(2) 
If such dry line is installed in the reduced sized driveway as provided hereinabove, the property owner shall be required to provide a deed restriction which shall require the owner of said property and dwelling or structure to maintain said driveway and, if appropriate, the dry waterline. Said deed restriction shall further provide for the property owner, at his/her own expense, to undertake a yearly inspection and testing of said dry waterline by a certified professional who shall prepare a report on the line for submission to the local Fire Chief. Said deed restriction shall further make the property owner responsible for any repairs to the driveway or dry line as found necessary by the noted testing and inspection. A certificate of test approval must be filed with the Land Use Board and respective local fire company annually.
(3) 
The property owner must post a performance guaranty to assure required driveway improvement and dry waterline are installation, prior to the granting of approval of the development or issuance of a construction permit. If installed, said line shall be deemed to be private, and the property owner shall assume all liability for its maintenance and upkeep as required herein.
A. 
No development shall be carried out in the Township unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered animal species designated by the New Jersey Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.
B. 
All development or other authorized activity shall be carried out in a manner which avoids disturbance of fish and wildlife habitats that are essential to the continued nesting, breeding and feeding of significant populations of fish and wildlife in identified critical areas.
A. 
A cultural resource survey shall accompany all applications for major development in order to determine whether any significant historic resources exist on the parcel. In general, the survey shall include a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the project's potential environmental impacts; a thorough search of state, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and vocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys, archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance, adequate recording of the information gained and methodologies and sources used, and a list of personnel involved and qualifications of the person(s) performing the survey.
(1) 
This requirement for a survey may be waived by the Land Use Board if:
(a) 
There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;
(b) 
The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more comprehensive understanding of area's culture; or
(c) 
The evidence of cultural activity lacks any potential for significance pursuant to the standards of Subsection B below.
(2) 
A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling, and association which reflects its significance in American history, architecture, archaeology or culture under one or more of the following criteria:
(a) 
The presence of structures, sites or areas associated with events of significance to the cultural, political, economic or social history of the nation, state, local community; or
(b) 
The presence of structures, sites or areas associated with the lives of persons or institutions of significance to the cultural, political, economic or social history of the nation, state, local community; or
(c) 
The presence of structures that represent the work of a master, or that possess high artistic values, or that embody the distinctive characteristics of a type, period or method of construction, or that represent a distinguishable entity of significance to the architectural, cultural, political, economic or social history of the nation, state, local community, although its components may lack individual distinction; or
(d) 
The presence of a site or area which has yielded or is likely to yield significant information regarding the history or archaeological history of the Township.
B. 
The following information will be required to document resources which are not found to be significant but which are otherwise found to present graphic evidence of a cultural activity.
(1) 
A narrative description of the resource and its cultural environment;
(2) 
Photographic documentation to record the exterior appearance of buildings, structures, and engineering resources;
(3) 
A site plan depicting in correct scale the location of all buildings, structures, and engineering resources; and
(4) 
A New Jersey State inventory form as published by the New Jersey Department of Environmental Protection for buildings and a narrative description of any process or technology if necessary to elaborate upon the photographic record.
C. 
If archaeological data is discovered on a site at any time after construction has been commenced, notify the Land Use Board and take all reasonable steps to protect the archaeological data in accordance with the "Guidelines for the Recovery of Scientific Prehistoric, Historic and Archaeological Data: Procedures for Notification, Reporting, and Data Recovery" (36 CFR 66).
D. 
Whenever a site is found to have a historic and/or archaeological site or structure upon it, then any site plan for the proposed development shall take into account the said historic site or structure and to the fullest extent possible, preserve and protect said site or structure.
E. 
If a proposed development is located adjacent or within 300 feet of a historic structure or site as recognized on the state or National Register of Historic Sites, then the design of the proposed development shall be such as to blend with the historic structure or site and to cause minimal impact on said structure or site. The Land Use Board shall require that the intensity of use on adjoining properties to a historic site or structure be such as to not cause detriment or damage to the historic site or structure; and to minimize any adverse impacts from noise, traffic, glare, or other design characteristics which would impact adversely on the historic site or structure. This may require buffers and/or screening, design techniques intended to blend the proposed development with its historic neighboring structure, reducing nuisances or activities which might harm or otherwise cause problems for the historic structure or site and the utilization of other design or performance standards as contained in this section to an extent necessary to preserve and protect the historic site and/or structure.
A homeowners' association may, or in some cases, shall be required to be established for the purpose of owning and assuming maintenance responsibilities for the common lands and property designated within a development provided the Land Use 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. 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 agreeing to liability for his pro rata share of the organization's costs.
B. 
The organization shall be responsible for liability insurance, taxes, maintenance and any other obligations assumed by the organization, and shall hold the municipality harmless from any liability. The organization shall not be dissolved and shall not dispose of any open space or property by sale or otherwise, except to an organization conceived and established to own and maintain the open space or property for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to the Township or municipalities wherein the land is located.
C. 
The assessment levied by the organization upon each member may become a lien on each member's property. The organization shall be allowed to adjust the assessment to meet changing needs.
D. 
The organization 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 organization 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 by the Land Use Board.
E. 
Transfer of control.
(1) 
The articles of incorporation, covenants, bylaws, model deeds, and other legal instruments shall insure that control of the organization shall be transferred to the members based on a percentage of the development's units sold and/or occupied and shall clearly indicate that in the event such organization shall fail to maintain the common open space or common property or lands in reasonable order and condition, the Township may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the common open space or common property or lands in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 15 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 Township 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.
(2) 
If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within 15 days or any permitted extension thereof, the Township, in order to preserve the common open space and common property or land and maintain the same for 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 and land except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space and common property or land, call a public hearing upon 15 days written notice to such organization and to the owners of the development, to be held by the Township at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the Township, continue for a succeeding year.
(3) 
If the Township shall determine that such organization is ready and able to maintain said open space and property or land in reasonable condition, the Township shall cease to maintain said open space and property or lands at the end of said year. If the municipality shall determine such organization is not ready and able to maintain said open space and property or land in reasonable condition, the Township may, in its discretion, continue to maintain said open space and property or land during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township in any such case shall constitute a final administrative decision subject to judicial review.
F. 
The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open space and property or land in accordance with assessed values at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.
With exception of one- and two-dwelling development, all new development shall provide adequate lighting for site safety and security. To this extent the following standards shall apply:
A. 
All area lighting shall provide translucent fixtures with shields around the light source. The light intensity provided at ground level shall have a minimum of five-tenths footcandle over all parking and pedestrian walkway areas. Light intensity at residential property lines shall not exceed 0.1 footcandle. For each fixture and lighted sign, the total quantity of light radiated above a horizontal plane passing through the light source shall not exceed 7.5% of the total quantity of light emitted from the light source.
B. 
Any other outdoor lighting shall be shown on the site plan in sufficient detail to allow determination of the effects at the property line and on nearby streets, driveways, residences and overhead sky glow. 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, nor be of a rotating, 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 Land Use Board. The objective of these specifications is to minimize undesirable off-site effects.
In accordance with good design practices, 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 Land Use Board. All lots shall conform to the following requirements:
A. 
Lot dimensions and area shall not be less than the requirements of the Schedule of Zoning District Regulations.[1]
[1]
Editor's Note: The Schedule of Zoning 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 street improved to Township standards, with a right-of-way of at least 50 feet. In the case of subdivisions located on existing streets approved to Township standards which do not have a right-of-way of 50 feet and are not shown on the adopted Township Master Plan or Official Map as proposed for future widening, the front yard setback shall be measured from a line 25 feet equidistant to and parallel with the existing street center line.
D. 
Through lots with frontage on two streets will be permitted only under the following conditions:
(1) 
Where the length of the lot between both streets is such that future division of the lot into two lots is improbable; and
(2) 
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 strictly limited to the street with the lower traffic function.
E. 
Where extra width has either been dedicated or anticipated for widening of existing streets, zoning consideration shall begin at such new street line and all setbacks shall be measured from such line.
F. 
Whenever land has been dedicated or conveyed to the Township by the owner of a lot in order to meet the minimum street width requirements or to implement the Official Map or Master Plan, and which lot existed at the effective date of this chapter, the Zoning Officer or 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. 
No new development proposing to use less than all of the property involved shall be required to provide a general or schematic plan for the future use and utility of the entire lot. Said plan shall provide for access to rear portions of the lot and said access shall not be less than 50 feet in width. In the case of commercial or industrial land uses, the site plan shall show how the entire lot may ultimately be developed and that there will be orderly development of the phases or stages said development may take. The Land Use Board shall require that:
(1) 
Access is sufficient for all portions of the site;
(2) 
Provision is made for connection to adjoining properties or proposed new streets;
(3) 
Reserve parcels will be sufficient to accommodate permitted land use activities;
(4) 
Upon ultimate build-out of the entire tract the various lots and their land use activities work in a harmonious, orderly manner and that to the greatest extent possible there will or is shared use of access, improvements and amenities so that the entire tract is developed as a cohesive whole; and
(5) 
Provision is made for interconnection with adjoining properties' development(s), to the greatest extent possible share use of access, improvements and amenities is considered for adjoining commercial and/or industrial activities, and compatibility of layout, landscaping, screening, buffering, and other improvements between developments on adjoining properties.
(6) 
The final site plan for a development subject to the provisions of this subsection shall include reservation of access and at the discretion of the Land Use Board a showing of such reasonable specific future land use layout deemed necessary to assure that the overall future development of original tract of land will not be compromised without reconsideration and review by the Land Use Board.
H. 
For proper development of the land within the Township, lots in all major subdivisions shall have an average depth no greater than 250% of the average width, except where the width exceeds three times the zoning requirement.
I. 
Where development on a lot is proposed at a distance of 300 feet or more from the adjoining road right-of-way, the driveway to be installed shall conform to § 120-76E of this chapter.
Residential developments shall comply with the provisions of the Residential Site Improvement Standards. In all other developments, whenever manholes, inlets or catch basins are proposed and/or required to be constructed they shall be constructed according to the "New Jersey Department of Transportation Standards for Road and Bridge Construction," most recent edition, and the New Jersey Department of Transportation Standard Detail Drawings for size and type of structure(s) proposed.
Monuments shall be the size and shape required by N.J.S.A. 46:23-9.12 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.
As a condition of preliminary approval and prior to any construction or filing of an application for final approval of a subdivision or 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-site and/or off-tract improvements:
A. 
Allocation of costs; criteria in determining allocation. The allocation of costs for off-site and/or off-tract improvements, as between the applicant, other property owners, and the Township or any one or more of the foregoing, shall be determined by the Land Use 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-site and/or off-tract improvements shall be consistent with N.J.S.A. 40:55D-42. In addition, the following criteria may also be considered, as well as any other reasonable criteria the Land Use Board deems is necessary to protect the health, safety and general welfare of the Township:
(1) 
Streets, curbs, sidewalks, shade trees, streetlights, street signs and traffic light improvements may also be based upon the anticipated increase of traffic generated by the application. In determining such traffic increase, the Land Use Board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and other factors related to the need created by the application and the anticipated benefits thereto.
(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 and 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 and 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.
B. 
Determination of cost of improvements. The costs of installation of required off-site and/or off-tract improvements shall be determined by the Land Use Board with the advice of the Township Committee and/or Township Engineer and appropriate Township or other agencies involved.
C. 
Manner of construction. When those estimates are received, the Township Committee shall then decide whether the off-site or off-tract improvement is to be constructed by:
(1) 
The Township as a general improvement;
(2) 
The Township as a local improvement; or
(3) 
The applicant under a formula providing for partial reimbursement by the Township for benefits to properties other than the subdivision or site plan project involved in the application.
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-site or off-tract 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 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-site or off-tract 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-site or off-tract improvement allocated to the applicant, if deposited in cash, shall be paid by the applicant to the Township Chief Financial Officer, who shall provide a suitable depository therefor, and such funds shall be used only for the off-site or off-tract improvement 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 Chief Financial Officer provide for herein is less than its share of the actual cost of the off-site or off-tract improvement, 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 Chief Financial Officer provide for above is more than its appropriate share of the actual cost of installation of the off-site or off-tract improvement, 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 Land Use 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 Land Use Board cannot agree with respect to the applicant's appropriate share of the actual cost of the off-site or 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-site or 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-site or off-tract improvements, the Township may adopt a local improvement assessment ordinance for the purpose of construction and installation of the off-site or 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 or the allocated costs previously deposited with the Township Chief Financial Officer 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 worked performed. In the event that the applicant, with the Township's consent, decides to install and construct the off-site or off-tract improvement or any portion thereof, the certified cost shall be treated as a credit against any future assessment for that particular off-site or 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 Chief Financial Officer, as provided herein.
H. 
Installation of improvements by applicant.
(1) 
At the discretion and option of the Township and with the consent of the applicant, the Township may enter into a contract with the applicant providing for the installation and construction of off-site or off-tract improvements by the applicant upon contribution by the Township of the remaining unallocated portion of the cost of the off-site or off-tract improvement. Whenever the Township shall enter into such an agreement with an applicant, said applicant shall provide proof of compliance with all laws and/or regulations which would be binding on the Township if it were to be undertaking said development, such as but not limited to, the Public Contracts Law,[1] payment of prevailing wage, the Equal Opportunities Employment Act, Americans with Disabilities Act, and any other requirement being in effect at time of construction.
[1]
Editor's Note: N.J.S.A. 40A:11-1 et seq.
(2) 
In the event that the Township so elects to contribute to the cost and expense of installation of the off-site or off-tract 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-site or off-tract improvements to be done by the applicant, said contract shall observe all requirements and principals of this chapter in the design of such improvements.
The following shall apply to all off-street loading and parking facilities including provision for handicapped parking facilities as required by §§ 120-112 and 120-113 of this chapter:
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. Off-street loading and parking spaces and maneuvering areas shall be surfaced with a dustless, durable, all-weather pavement, which shall be adequately drained, all subject to the approval of the Township Engineer.
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. Parallel parking spaces shall be a minimum of 22 feet in length.
(3) 
Minimum width of aisles providing access to parking spaces for one-way traffic only, varying with the angle of parking, shall be:
Angle of Parking
(degrees)
Minumum 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 planted areas or pedestrian walkways.
D. 
The width of entrance and exit drives shall be:
(1) 
A minimum of 12 feet for one-way use only.
(2) 
A minimum of 20 feet for two-way use.
(3) 
A maximum of 35 feet at the street line and 54 feet at the curbline.
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. In the case of handicapped parking spaces, adequate provision shall be made for access from said handicapped space to the facility it serves without impediments or barriers related to landscaping, buffering, site design or fixture placement.
F. 
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.
G. 
All loading spaces and access drives shall be at least five feet from any side or rear lot line.
H. 
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.
I. 
The arrangement of off-street loading spaces shall be such that no vehicle would have occasion to back out into the street.
J. 
Off-street loading spaces shall be designed and used in such a manner as to at no time constitute a nuisance or hazard or unreasonable impediment to traffic.
K. 
The screening requirements of § 120-71 shall be applicable to all loading areas, including access and maneuvering areas, abutting residential or commercial zoning districts, and in the case of off-street parking areas of greater than 10 spaces, form all lots in an abutting residential zoning district, including side lots located across a street.
L. 
All off-street loading and parking spaces shall be improved with a hard surface pavement such as paver blocks, macadam or cement. Where appropriate based on the size of the area involved, number of spaces provided and the nature of the business and its expected or anticipated traffic volume, the Land Use Board may in accordance with the recommendations of the Township Engineer, allow other suitable hard surface materials such as crushed stone over a gravel base to specifications set by the Township Engineer. All off-street loading and parking spaces shall be completed as required prior to issuance of a certificate of occupancy.
Any project proposed as a planned development shall follow the appropriate zoning criteria of this chapter and the applicable subdivision and/or site plan review criteria contained herein. Prior to approval of any planned development, the Land Use Board shall find the following facts and conclusions:
A. 
All planned development shall be designed to the specific planned development provisions of this chapter. The planned development provisions shall supersede any conflicting portions of this chapter to the extent of such inconsistencies.
B. 
Proposal for maintenance and conservation of the common open space shall be reliable and, if proposed to be handled by a private agency, shall be established in accordance with the homeowners' association provisions of § 120-79 of this chapter. Also, the amount, location, and purpose of common open space shall be adequate for the use intended.
C. 
The physical design of the proposed development for public services, control of vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment shall be adequate to comply with appropriate portions of the Master Plan, this chapter and reasonable planning design criteria.
D. 
The proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
E. 
In the case of a proposed planned development which contemplates construction over a period of years, the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed planned development in the total completion of the project shall be found adequate and clearly defined and protected.
F. 
If the development is to be accomplished over phases then a general development plan shall be provided as set forth in § 120-46 of the chapter.
A. 
All recreational areas and facilities shall be designed in accordance with the New Jersey Department of Environmental Protection publication entitled "Administrative Guidelines: Barrier Free Design Standards for Parks and Recreational Facilities." In reviewing proposed recreational improvements and facilities in connection with the provisions of this chapter, the Land Use Board shall be guided by the standards contained in N.J.A.C. 7:50-6.143(a)2 and 7:50-6.144(a)1-3.
B. 
Any residential development involving 20 or more residential lots, excluding planned developments, apartments and 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.
C. 
Whenever recreational area or facilities are proposed or required under the provisions of this chapter, they shall conform to the following standards where applicable:
(1) 
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 spaces uses.
(2) 
Not more than 50% of the total 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 made evident by the Land Use Board's review of the environmental impact of the proposed development, including any environmental impact statement which might be required by this chapter.
(3) 
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, but are not limited to, swimming pools, tennis, basketball and volleyball courts, ball fields, tot-lots, golf courses, bicycle paths, trails and similar active recreational pursuits. The remaining portion of the required open space may, with Land Use Board approval and if warranted by the environmental impact review, 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.
(4) 
All such recreational areas shall be reviewed by the Land Use Board, found adequate and approved. In its review, the Land Use 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 provision made for maintenance and access to sad 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 or other uses if such staging is proposed. The Land Use Board shall find that such recreational or open space areas conform to the provisions of § 120-118(1) through (5) and make whatever requirements necessary in granting preliminary approval to said development to assure compliance with the above cited sections of this chapter.
(5) 
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 § 120-119F.
(6) 
Contribution in lieu of open space.
(a) 
In the case of conventional development, the Land Use Board may permit, when requested by an applicant and where deemed appropriate given the type of development and with consideration for the type of development and its need for open space and recreation area, the applicant to make a contribution in lieu of the provision of such open space and recreation area on site. The option of a contribution in lieu of provision of open space and recreation area on site shall not be allowed in the case of cluster or planned developments wherein the density of said development is directly related to open space and recreational area provision. When so permitted said contribution shall be reasonably equal to the cost of providing the required open space and recreational area. The contribution shall be made to a fund established by the Township of Deerfield or an agency thereof established according to law, which is dedicated to the provision of open space and recreational areas purchase and development.
(b) 
To assist the Land Use Board in determining the amount of contribution, the applicant's engineer shall submit a cost estimate for the provision of the required open space and recreation area including the cost of land required therefore, which estimate shall be reviewed by the Land Use Board, its professionals and other municipal agencies or officials with knowledge of such costs and approved and accepted. In determining the sufficiency of said contribution, the Land Use Board shall be guided by the type of development and expected or generally applicable types of open space or recreational area and facilities associated with same and the population to be served by said development.
(c) 
If approved and accepted, payment of said contribution shall be made a condition of the development approval and a written agreement guaranteeing said payment shall be signed by the applicant and the Township. Said agreement shall specify the amount to be paid, the agency to which the monies are to be paid, and the agreement is to be binding on the applicant and his/her successors. Payment shall be made in accordance with a schedule comparable to the one that would have been required if provision of the open space and recreational area where to be provided on site. Once paid according to said agreement, the monies shall be used to purchase and/or develop or improve open space or recreational areas within the Township. Said monies shall be used within a reasonable period of time from payment and in recognition that such capital expenditures require the amassing of suitable funding for such a purchase or improvement.
(d) 
Any contribution agreed to by the applicant and Township as provided herein this section shall not be deemed to be exclusively for the use of the future residents of the development for which said contribution is made. Said contribution shall be an alternative way of providing open space and recreational areas for community residents and made necessary by new development. Any payment made under the provisions of this section shall be maintained in the escrow fund of the Township or any agency thereof and to which payment is so authorized.
(e) 
A contribution in lieu of providing open space and recreational area as required herein shall be at the sole discretion of the Land Use Board which shall be guided in that decision by the intent of this section and the adopted Township Master Plan to assure that sufficient open space and recreational area is provided for the community's residents in an appropriate location and type.
A. 
Residential developments shall comply with the provisions of the Residential Site Improvement Standards. In all other developments, sanitary sewer facilities shall be provided and installed in accordance with N.J.A.C. 5:21 for sewerage treatment facilities and according to N.J.A.C. 9:9a for individual subsurface disposal systems. Sewerage systems shall only be permitted in areas indicated for sewer service in the State of New Jersey statewide Water Quality Management Plan (WQM) and where permitted by the NJDEP through sewer connection approval. Sanitary sewer pumping systems shall be designed in accordance with N.J.A.C. 7:14.
B. 
All sanitary sewer systems plans and specifications shall be submitted to the Township Engineer prior to NJDEP permit application submission.
Residential developments shall comply with the provisions of the Residential Site Improvement Standards. In all other developments, stormwater management shall be provided as set forth below:
A. 
General. The importance of properly designed drainage from an economic, safety and public relations standpoint warrants a hydraulic analysis. Good drainage design anticipates where surface water will accumulate and makes provisions for the removal of excess water as rapidly as possible in order to prevent unusual damage to private property, undue interference with the operation of motor vehicles or traffic flow and excessive maintenance burden.
B. 
Accumulation of preliminary data.
(1) 
The accumulation of specific information by office and field investigations is required for proper drainage analysis. It is necessary that plans be prepared indicating topography, preliminary alignment and profile information.
(2) 
In addition to the above, plans shall show the following information:
(a) 
All proposed curb and superelevation data.
(b) 
Station of low and of high points.
(c) 
Existing drainage facilities, including ditch and stream slopes.
(d) 
Drainage area from proposed topography.
(e) 
Areas of sharp grades in excess of four-to-one slopes.
(f) 
Drainage areas obtainable from the United States Geological Survey maps or other available sources.
(g) 
Preliminary location of the proposed drainage facilities and the known high-water marks.
C. 
Maximum expected discharge (MED).
(1) 
The "maximum expected discharge" may be defined as the maximum expected quantity of water created by the design storm arriving at a particular location such as an inlet or ditch. The MED from drainage areas shall be determined by the rational equation, as follows:
Q = CIA
Where
Q = The maximum expected discharge in cubic feet per second.
C = The runoff factor expressed as a percent of the total water falling on an area.
I = The rate of rainfall expressed in inches per hour for a ten-year storm frequency.
A = The drainage area expressed in acres.
(2) 
The above equation assumes that one inch of rainfall falling on one acre of land falls at the rate of one cubic foot per second; thus, the total quantity of water falling on an area is represented by IA. It is necessary to adjust the IA because a certain percentage of the water is dissipated by evaporation, transpiration, percolation, ponding and physical features. Therefore, C, the runoff factor, is introduced in the rational equation to account for the dissipated water. The runoff factors for various types of drainage areas are found in Table 1:
Table 1 Runoff Factors for the Rational Equation
Type of Drainage Area of Surface
Runoff Factor C*
Minimum
Maximum
Roofs
0.90
1.00
Pavements: concrete or bituminous concrete
0.75
0.95
Pavements: bituminous macadam or surface treated gravel
0.65
0.80
Pavements: gravel, macadam, etc.
0.25
0.60
Sandy soil: cultivated or light growth
0.10
0.30
Sandy soil: woods or heavy brush
0.10
0.30
Gravel: bare or light growth
0.20
0.40
Gravel: woods or heavy brush
0.10
0.35
Clay soil: bare or light growth
0.25
0.75
Clay soil: woods or heavy growth
0.15
0.60
City business sections
0.60
0.80
Dense residential sections
0.50
0.70
Suburban, normal residential areas
0.35
0.60
Rural areas, parks, golf courses
0.10
0.30
NOTES:
*In selecting the C factor, high values shall be applied to denser soils and steep slopes and consideration given to the future land uses in the drainage area, and a weighted value of C shall be given to a drainage area which contains several different types of ground cover.
(3) 
The rainfall intensity I curve for Cumberland County shall be used, which is approximated by the equation:
I
=
  190 
25 + t
Where:
I = The rate of rainfall expressed in inches per hour for a ten-year storm.
t = The time of concentration.
(4) 
The ten-year storm frequency shall be used for all systems.
(5) 
To determine storm duration, the time-of-concentration approach shall be used. "Time of concentration" may be defined as the interval of time required for water from the most remote portion of the drainage area to reach the point in question. The time of concentration may be influenced by the type of terrain over which the water must flow and stream velocities; prior to reaching the point in question, the water may flow over land and subsequently flow into a stream.
(6) 
Stream velocities shall be calculated from Manning's Equation. The average velocities of runoff flow for time of concentration area are as follows:
Table 2
Recommended Average Velocities of Runoff Flow for Determining Time of Concentration
(feet per second)
Description of Course of Runoff Water
Slope
(percent)
0.5
1.0
1.5
2.0
2.5
3.0
3.5
4.0
4.5
5.0
Paved
0.79
0.93
1.00
1.05
1.10
1.13
1.14
1.19
1.22
1.26
Bare shaley soil
0.61
0.71
0.75
0.80
0.83
0.85
0.89
0.90
0.93
0.96
Bare soil
0.51
0.55
0.58
0.63
0.65
0.66
0.68
0.70
0.72
0.74
Wild grass
0.34
0.39
0.42
0.46
0.47
0.48
0.49
0.51
0.52
0.54
Average grass
0.26
0.30
0.32
0.34
0.35
0.37
.038
0.40
0.41
0.42
Dense grass
0.20
0.23
0.25
0.27
0.28
0.29
0.30
.030
0.31
0.32
(7) 
The time of concentration shall be determined and considered as representing the duration of the storm.
(8) 
On-site retention conditions. The runoff from 4.5 inches of rainfall, less dissipation, for a twenty-four-hour period must be stored and in addition, the basin is to be provided with a one-foot freeboard. The storage volume shall not be less than that anticipated by the runoff from 1.5 inches of rainfall. Dissipation will not affect the minimum storage capacity since this amount of rainfall is anticipated to fall in a very short time. In calculating dissipation, only the bottom area of the trench or basin shall be utilized. The bottom surface of the leaching area shall be at least four feet above the seasonal high groundwater table. Soil logs and percolation tests shall be made within the area of the proposed leaching system.
(9) 
Retention basins, if permitted, shall be protected from public intrusion by both fencing and screening and shall be maintained by the developer. The basin shall have side slopes of 1:4 or shallower to prevent erosion, to make maintenance easier and to increase the safety factor should anyone become trapped inside. The retention basin will also be required to meet the current soil erosion and sediment control standards to obtain a permit from the New Jersey Soil Conservation District office.
(10) 
Detention basins. All detention basins shall be designed in accordance with the provisions of Residential Site Improvement Standards, Chapter 7 thereof.
(11) 
Drainage area. The extent of the drainage area which is independent of the development itself shall be determined from photogrammetric plans, roadway design plans, field observations and United States Geological Survey topographic maps.
D. 
Capacity of waterway areas. Subsection C established the criteria for determining the maximum expected quantity of water; this subsection deals with the removal of the water arriving at a particular location.
(1) 
The drainage facilities must have adequate capacity.
(2) 
Some facilities that can be utilized are shoulders, curbed sections, inlets, storm pipes, ditches and grassed waterways.
(3) 
The capacity of drainage facilities is measured in terms of discharge and may be determined by the equation of continuity:
Q = AV
Where
Q = The discharge of water in cubic feet per second.
A = The net effective area in square feet provided by the drainage facility.
V = The velocity of water in feet per second.
NOTE:
The discharge capacity for a drainage facility at a particular location shall be at least equal to the MED for that location.
(4) 
Additional design criteria for specific drainage facilities shall be as follows:
(a) 
Shoulders. Water flowing in the shoulder shall not encroach more than 2/3 of the shoulder width. Inlets shall be provided to control encroachment and velocity.
(b) 
Curbed sections. Inlets shall be provided to prevent encroachment on roadway pavement.
(c) 
Inlets. Assumed inlet capacity shall be six cubic feet per second. If the capacity of the shoulder or curbed section exceeds the assumed inlet capacity, the inlet capacity shall govern the spacing of inlets. If the capacity of the shoulder or curbed section is less than the inlet capacity, the shoulder, grassed waterway, curbed section or depressed section capacity shall govern the spacing of inlets. On shoulder and curbed sections, the maximum spacing of inlets shall not exceed 500 feet. Sufficient inlets shall be installed at street intersections to avoid gutter overflow. Inlets shall be placed at the low point on sag vertical curves.
(d) 
Storm pipes. Where headroom is restricted, equivalent pipe arches may be used in lieu of circular pipe. The minimum diameter of storm pipe shall be 18 inches. Abrupt changes in the direction or slope of pipe shall be avoided and, if required, an inlet or manhole shall be placed at the point of change. The minimum slope in the pipe shall maintain a velocity of two feet per second in the pipe. The top of the pipe shall not be less than one foot below subgrade or as recommended by the manufacturer, whichever is greater. Longitudinal pipes may serve as combination storm sewer and foundation under drain pipe. A typical computation table for storm sewer design shall be submitted.
(e) 
Ditches and grassed waterways. Ditches and grassed waterways are open channels which carry runoff. Transverse ditches shall not intersect parallel ditches at right angles but shall join them at an angle of 30º in order to minimize scour and sedimentation.
E. 
Erosion control of drainage facilities.
(1) 
The need for erosion prevention extends throughout the development and shall be considered an essential feature of good drainage design.
(2) 
Erosion and maintenance are minimized by the use of:
(a) 
Flat side slopes blended with natural terrain.
(b) 
Drainage channels designed with due regard to location, width, depth, slopes, alignment and protective treatment.
(c) 
Proper facilities for groundwater interception.
(d) 
Dikes, berms and protective ground cover.
(3) 
Erosion control of culvert outlets. Since culverts create serious erosion problems in unprotected channels, it is necessary to provide a channel treatment which will control erosion and dissipate the excess energy of the discharge. For culvert outlets, channel treatment based on outlet velocities and alignment shall be provided.
(4) 
Erosion control of drainage channels. Within practical limits, the possibility of erosion should be eliminated. Where channel scour is indicated, a means for reducing velocity or for protecting the channel shall be provided.
(5) 
Erosion control devices for channel protection shall be as follows:
(a) 
Grass-lined channels. Permissible velocity within such channels depends upon the type and condition of the grass cover and the texture of the soil comprising the bed. Capacity should be computed for taller grass than is expected to be maintained and velocity computed for a lower grass height which is likely to be maintained.
(b) 
Concrete-lined channels. The use of concrete paved gutters to control erosion is essential when the developed velocity exceeds that which sod can withstand. A paved channel should be located after consideration of aesthetics. Concrete linings can be used on very flat slopes to increase the velocity of flow to a nonsilting velocity to more efficiently remove water from ponded areas or to reduce the size of channel needed to carry the design discharge.
(c) 
Channels lined with stone. Such linings can be constructed of dumped, hand-placed or grouted stone. The channel bed and slope can be lined, or stone can be used in combination with grass or concrete. A dumped stone lining is the most flexible since it readily adjusts itself to uneven bank settlement.
(d) 
Riprap for bank protection. Riprap slope protection shall be used if there is any indication that erosion may occur along the bank of the channel. Types of riprap include dumped, hand-placed, wire-enclosed, grouted, concrete-slab or concrete riprap in bags.
(6) 
Compliance with the construction standards shall be required for all site improvements.
(7) 
Compliance with soil erosion and sediment control standards as set by the United State Conservation District Office may be required.
[1]
Editor's Note: For additional stormwater management requirements for major developments, see Art. XIIA.
A. 
Certificate of occupancy. A certificate of occupancy (CO) shall not be issued until either:
(1) 
A New-Jersey-licensed professional land surveyor or the Township Engineer has confirmed in writing that:
(a) 
The finished grading at the lot for which the CO is being requested substantially conforms to the developer's approved major subdivision plan, site plan, or individual or multiple lot grading plan (s); and
(b) 
The foundation top of block elevations of the structure for which the CO is being requested are neither more than two feet higher nor more than 0.2 of a foot lower than the proposed foundation top of block shown on the developer's approved major subdivision plan, site plan, or individual or multiple lot grading plan(s); or
(2) 
An as-built revised grading plan prepared by a New-Jersey-licensed land surveyor is approved by the Township Engineer as substantially conforming to the grading proposed in the developer's approved major subdivision plan, site plan, or individual or multiple lot grading plan (s).
B. 
Applicability. The requirements set forth herein shall apply to development proposed on any lot in Deerfield Township involving land disturbance in excess of 1,000 square feet and for which a building permit is required; however, it shall not apply to construction of farm and accessory buildings having front yards of 85 feet or more and having side and rear yards of 100 feet or more.
C. 
Grading compliance as part of zoning permit.
(1) 
A grading compliance review shall be included as part of the requirements for obtaining a zoning permit. No zoning permit shall be issued for applicable development until:
(a) 
The Township Engineer has reviewed and approved a completed grading plan checklist and individual or multiple lot grading plan containing all the information required in the grading plan checklist for the proposed applicable development and meeting all requirements of this chapter;
(b) 
The Zoning Officer has approved, as part of the zoning permit application review, a written certification prepared by a New-Jersey-licensed professional engineer or land surveyor, that the proposed applicable development will substantially conform to an earlier approved individual or multiple lot grading plan and checklist, and that all conditions at the property, and relevant conditions at adjacent properties, are the same as they were when the earlier individual or multiple lot grading plan and checklist were approved; or
(c) 
The Zoning Officer has approved, as part of the zoning permit application review, a written certification prepared by a New-Jersey-licensed professional engineer or land surveyor that the proposed applicable development will conform to all grading specifications approved as part of a site plan, subdivision, or other approval, and that all conditions at the property and relevant conditions at adjacent properties are the same as they were when such earlier approval was granted.
(2) 
The Township Engineer shall not review or inspect for compliance applicable to the Soil Erosion and Sediment Control Act.
D. 
Grading plan checklist. Except as otherwise provided in this chapter, the Grading Plan Checklist M must be completed and filed with the information required as part of any application for site plan, major subdivision, any application to the Land Use Board that involves an such development as defined in Subsection B above, or any request for a building permit for applicable development. The required plan information may be included in an individual or multiple lot grading plan, or it may be incorporated into an applicant's major subdivision or site plan, provided that all of the required grading plan information is included on the same plan sheet.
E. 
Grading standards. The grading plan must conform to the following standards:
(1) 
Purpose. The grading plan requirements are for the purpose of confirming that proposed applicable developments will not result in flooding, pooling or other drainage-related problems at the lot on which the development is proposed or on adjacent properties. Each grading plan must therefore confirm, to the Township Engineer's satisfaction, that the proposed applicable development on each lot will cause water to drain properly from the lot on which such development is proposed, and that such development will not increase the amount of water which drains onto adjoining lots (except as otherwise permitted as part of a final site plan, subdivision, or other Land Use Board approval) or adversely change the manner in which it drains. All lots where applicable development is proposed must be graded to direct surface water runoff away from structures and toward the frontage road or other defined drainage paths that meet the Township Engineer's approval. Where a drainage problem already exists, the drainage plan must confirm, to the Township Engineer's satisfaction, that the proposed development will reduce the impact on adjoining tracts to the greatest extent reasonably possible by causing the surface water to drain into nearby streets, approved drainage facilities or other Township-approved devices.
(2) 
Lawn areas. The grading plan must confirm that lawn areas will be sloped away from the building and structures at a minimum of 1.5% for the first eight feet from foundation walls, and to confirm a minimum slope of 1.5% in all other lawn areas. The intent of these lawn area slope requirements is to confirm that water will flow away from foundation walls at an acceptable rate, and also to increase the probability that any standing water in lawn areas will dissipate within 24 hours following a storm event.
(3) 
Swales. The grading plan must confirm a minimum slope of 1.5% for all swales to provide a good flow of water within them. The Township Engineer is authorized to approve flatter slopes in instances where the Township Engineer is satisfied that special care will be taken during construction to achieve good water flow or that other special circumstances apply. Unless otherwise approved by the Township Engineer, swales must be indicated along side lot lines so that water will flow from the rear portions of adjoining lots to the curb. If permitted by easement, the grading plan may also depict water as being directed from or over neighboring lots to the curb or other approved discharge point. The intent of this swale area slope requirement is to increase the probability that all standing water will be dissipated from swale areas within 48 hours following a storm event.
(4) 
Slopes. The grading plan must confirm that all slopes are no greater than three to one (3:1).
(5) 
Driveways. The grading plan must confirm that driveway grades do not exceed 12%.
(6) 
Off-lot grading and drainage. The grading plan must confirm that no grading will occur within five feet of a property line unless necessary to direct drainage off or onto the site and then into acceptable drainage facilities in accordance with these standards. If a grading plan indicates an intention to grade or direct drainage over an adjoining property to provide proper drainage, an existing or proposed easement for this purpose must be filed with the grading plan for review and approval by the Township Engineer and Land Use Board Solicitor. If the grading plan is approved based on a proposed easement, the zoning permit will not be issued unless and until the developer has:
(a) 
Properly conveyed and recorded the approved proposed easement in the Cumberland County Clerk's Office;
(b) 
Provided a copy of the recorded easement to the Township Engineer, the Land Use Board and the Land Use Board Solicitor; and
(c) 
Confirmed to the Land Use Board solicitor's satisfaction that the approved easement has been properly conveyed and recorded, and that it is not subject or subordinate to any other interest that could extinguish it or otherwise diminish its effectiveness.
(d) 
Review of any such proposed easement shall be performed by the Land Use Board Solicitor based on time expended and materials used and paid from the applicant's review escrow(s), if applicable, or by the applicant prior to the issuance of a zoning permit.
(7) 
Location of slope excavation. The top of any excavation of slope shall be no closer than five feet to an adjoining property, and shall not provide for water runoff to the adjoining property unless an agreement shall have been provided and recorded as required by Subsection E(6), above.
(8) 
Retaining walls. If a retaining wall is proposed, construction details must be provided. In cases where a retaining wall is higher than 48 inches, calculations must be prepared by a licensed professional engineer who certifies as to the stability of the structure.
F. 
Deadline for completion of grading. The zoning permit confirming compliance with the above grading requirements and related building permit shall be issued simultaneously. All grading work shall be completed and the materials required for approval submitted as specified in Subsection G, below, prior to the expiration of the original or extended related building permit, or by such other reasonable further extended deadline approved as part of a site plan, subdivision, or other approval.
G. 
Approval of completed grading. Each person to whom this section applies must obtain approval of completed lot grading by submitting with the final survey as a condition of the application for certificate of occupancy a certification prepared by a New-Jersey-licensed professional land surveyor stating that the lot grading is in substantial conformance with the approved plan meeting the standards set forth in this article, indicating on the final survey those same grade elevation locations as are required on the approved plan; or by submitting an as-built revised grading plan, certified by a New-Jersey-licensed surveyor, to be reviewed by the Township Engineer to confirm substantial compliance with the approved grading plan. The Township Engineer will review and decide upon as-built plans within five business days following receipt of a written request for same. Faxed requests will be allowed as beginning the five-day review process, provided that the faxed as-built plans are signed by a New-Jersey-licensed professional surveyor, and also provided that embossed copies of the faxed as-built plans are thereafter delivered to the Township Engineer within the five-day period. The Township Engineer will conduct site inspections and render opinions thereon within five business days following receipt of a written request for same.
H. 
Permit and review fees. The following fees shall apply to applications for approval of grading in connection with zoning permit applications. With respect to subdivisions, "lot" means each lot that results or will result from the subdivision.
(1) 
Permit, review and inspection fees for individual or multiple lot grading plans. Any person who seeks approvals as provided in this section must pay the following fees for each grading approval requested in connection with a zoning permit application and/or site inspection and, if seeking approval of an individual or multiple lot grading plan, the following per-lot fees for review of such initial, revised or as-built individual or multiple lot grading plan [unless such person is an applicant for development as specified in Subsection H(2), below, in which instance a per-lot zoning permit grading application fee for each individual or multiple lot grading plan must be paid at the time of each zoning permit application that involves grading review, but the fees and costs of the Township Engineer's review and inspection can, at such applicant's option, be paid for on a time-and-materials basis as set forth in Subsection H(2), below, instead of a flat-fee basis as provided in this Subsection H(1)(b) through (e)]:
(a) 
Grading approval application fee (per lot, in addition to zoning permit fee): $35.
(b) 
Engineer's review fee upon initial individual or multiple lot grading plan submission (per lot): $100.
(c) 
Engineer's review fee upon submission of each revised or as-built individual or multiple lot plans (per lot): $ 100.
(d) 
Initial site inspection fee (upon request for initial site inspection): $200 per lot.
(e) 
Site reinspection fee (upon each request for site reinspection): $100 per lot.
(2) 
Option to pay review and inspection costs based on time and materials; payment from application escrows. Applicants for development who have posted review/inspection escrows with the Township in connection with any application for site plan, subdivision, or other approval may elect in writing to have the Township Engineer paid for any grading-related review and/or inspection pursuant to this section based on time expended and materials used rather than at the flat fee rates set forth in Subsection H(1)(b) through (e), above. Additionally, any such applicant may elect, in writing, that any Township Engineer grading-related review/inspection fees (whether based on flat fee or time and materials) be paid from such applicant's review/inspection escrow(s), in which instance such applicant's grading plan (s) and/or lot(s), as elected, will be reviewed/inspected by the Township Engineer as part of such site plan, subdivision, or other application, whereupon all of the Township Engineer's fees and costs for grading-related review/inspection will be reimbursed from such applicant's review/inspection escrow(s) along with all other review and inspection costs and fees relating to such application.
A. 
In reviewing site plans for freestanding buildings and structures, and depending on individual site characteristics, consideration shall be given to positioning that provides a desirable visual composition, avoids blocking natural vistas, provides a desirable space enclosure, does not unnecessarily alter existing topography and vegetation and otherwise respects established natural conditions and surrounding buildings and structures and in particular, building or structures of historic significance.
B. 
Consideration shall also 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. Consideration shall also be given to assure that future developments of structures and buildings are harmonious and well-sited with regard to existing buildings on the same site or adjoining properties.
A. 
Acceleration and deceleration lanes.
(1) 
Where a driveway serves right-turning traffic from a parking area providing 200 or more parking spaces 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 Rural Highways," published by the American Association of State Highway Officials.
(2) 
Where a driveway serves an entrance to a development providing 50 or more parking spaces, a deceleration lane shall be provided for traffic turning right into the driveway form any collector or arterial road. 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.
B. 
Bikeways.
(1) 
Bikeways shall be required when the Land Use Board finds provision of said bikeway(s) would be needed and utilized based upon probable volume of bicycle traffic, the development's location in relation to other populated areas, or its location with respect to any overall bike route or trail adopted or established by the Land Use Board or other applicable agency.
(2) 
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.
C. 
Customer service areas.
(1) 
Any site plan for a development that provides for temporary stopping space on-site for vehicles of customers or patrons seeking service at a roadside business or business catering to drive-in service where the customer does not leave his/her vehicle, such a farm roadside stand, gasoline service station, drive-in bank, restaurant providing take-out food service or similar use, shall ensure that the stopping or maneuvering space is at least 10 feet removed from the right-of-way of the adjoining road or street(s). In addition, sufficient waiting or standing area for vehicles approaching the drive-in window or service area shall be provided on-site to prevent the stacking of vehicles onto the road or shoulder area within the public right-of-way.
(2) 
Maneuvering space or area on-site shall be sufficient to that no vehicle must back into the street or shoulder area thereof. Any lane used exclusively for a drive-in window(s) or service area(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 block by the customer service area standing traffic.
D. 
Driveways. Any driveways providing access from a public street or way to any permitted use or structure shall comply with the following regulations:
(1) 
Driveways shall enter the street or road right-of-way at an angle between 75º and 105º.
(2) 
The portion of the roadway lying between the right-of-way line of the street and the driveway shall be surfaced as a driveway extension.
(3) 
Any curb opening shall be properly reconstructed to the satisfaction of the Township Engineer. Where curbing does not exist and conditions warrant, an adequate drain pipe shall be installed as determined by the Township Engineer.
(4) 
Driveway grades shall not exceed 8% by a distance of 40 feet from any street or road right-of-way, unless otherwise approved by the Township Engineer.
(5) 
Driveway widths at the street right-of-way lines shall be a minimum of 10 feet and maximum of 20 feet in connection with single-family residential uses. All other uses shall conform to the driveway regulations contained herein or as required by the Township Engineer.
(6) 
The number of driveways provided from a site directly to any road shall be as follows:
Use
Length of Site Frontage
(feet)
Number of Driveways
Residential
200 or less
1
Commercial
200 or less
1
Commercial on arterial or collector road
200 to 500
2
All uses
Over 800
To be determined by Land Use Board upon receipt of advice from the Township Engineer
(7) 
All entrance and exit driveways to a road shall be located to afford maximum safety to traffic on the road.
(8) 
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 distance measured in each direction along any abutting 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
(9) 
Wherever a site occupies a corner of two intersecting roads, no driveway entrance or exit may be located within a minimum of 30 feet of tangent of the existing or proposed curb radius of that site.
(10) 
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, nor on any portion of such road, where the grade has been changed to incorporate an interchange.
(11) 
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.
(12) 
Driveways used for two-way operation shall intersect any collector or arterial road at an angle as near 90º.
(13) 
Driveways use by vehicles in one direction of travel (right turn only) shall not form an angle smaller than 60º with a collector or arterial road unless acceleration and deceleration lanes are provided.
(14) 
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 following table. Driveways serving large volumes of daily traffic or traffic over 25% of which is truck traffic shall be required to utilize high to moderate dimensions. Driveways serving low volumes of daily traffic or traffic with less than 25% truck traffic shall be permitted to use low to minimum dimensions.
Type of Development
One-way Operation Curbline Driveway
Two-way Operation Curbline Driveway
Opening
(feet)
Width
(feet)
Opening
(feet)
Width
(feet)
5- to 10-family residence
12 - 15
10 - 13
12 - 30
10 - 26
10-family or more
12 - 30
10 - 26
24 - 36
24 - 46
Commercial and industry
24 - 50
24 - 34
24 - 50
24 - 46
Service station
15 - 36
12 - 34
24 - 36
20 - 34
(15) 
The surface of any driveway subject to Township site plan approval shall be constructed with a permanent pavement of a type specified by standards set by the Township Engineer. Such pavement shall extend to the paved traveled way or paved shoulder of the road; required driveway dimensions are specified in Subsection D(14) above.
(16) 
Undercarriage drag.
(a) 
Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage. Any driveway profiles and grades shall be submitted to and approved by the Township Engineer.
(b) 
Should a sidewalk be so located with respect to the curb at a depressed- curb driveway that it is likely to cause undercarriage drag, the sidewalk should be appropriately lowered to provide a suitable ramp gradient.
(17) 
All driveways providing access to a structure and which are in excess of 50 feet in length from the abutting road right-of-way to the structure being served by the said driveway, shall be a minimum of 20 feet in width and provide a minimum twenty-foot height clearance for its entire distance. Said driveway shall be surfaced with appropriate gravel base or other dense graded aggregate (dga) or suitable paving, bituminous or concrete or other appropriate paving surface as approved by the Township Engineer.
(18) 
In all types of development, no certificate of occupancy shall issued prior to the completion of all driveways and parking areas as required by this chapter and or the Land Use Board during development review.
E. 
Sidewalks.
(1) 
Residential developments shall comply with the provisions of the Residential Site Improvement Standards. In all other developments, sidewalks shall be required along all streets and in particular within designated center zoning districts or for major commercial, residential and industrial developments. It is the intent of this chapter that the center (town or village) concept of planning, which encourages safe pedestrian traffic, be enforced for the improvement of the Township villages' safety and character. In reviewing a request for a waiver of this requirement, the Land Use 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. For the purposes of this section, a "traffic generator" shall be defined as a land use activity or special feature, either natural or man-made, which would be expected to encourage, entice or require people to walk. Such features as a cafe, playground, recreational facilities, parks, schools, grouping of shops, or park or greenway. The Land Use Board shall further only grant waivers which are in accordance with the provisions, goals and objectives of the adopted Township Master Plan.
(2) 
When required and unless reduced or altered in size or location by the Land Use Board, all sidewalks shall conform to the following standards:
(a) 
Sidewalks shall be at least four feet wide and located as approved by the Land Use 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 compression strength of 4,000 psi and shall be air-entrained.
(b) 
Finished sidewalks shall be true to specified lines, grades and curvatures. Completed work shall be adequately protected from traffic and the elements.
(c) 
All sidewalks shall be designed and constructed to provide for accessibility by the handicapped.
(3) 
Where deemed appropriate based on projected pedestrian traffic, site conditions and the character of the area, i.e., especially in center zoned or designated areas, the Land Use Board may permit the installation of pedestrian walkways instead of full concrete sidewalks as required above. Such walkways may be constructed of stone, mulch or chips designed and installed to provide a safe, usable means of pedestrians to walk to or from parking areas or along roadways in village settings. Whenever a waiver is requested from the requirement of sidewalk installation, the Land Use Board shall first consider requiring a pedestrian walkway, before granting a waiver for no means of pedestrian accommodation and access.
F. 
Sight triangles.
(1) 
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/owner shall trim such vegetation and trees as well as establish proper excavation and grading to provide the sight triangle.
(2) 
The sight triangle is that area bounded by the intersecting 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 intersection street lines: arterial streets at 130 feet; collector streets at 60 feet; and local streets at 35 feet. Where the intersecting street 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.
(3) 
Any proposed development requiring subdivision or site plan approval shall provide sight triangle easements at each driveway with the driveway classified as a local street for purposes of establishing distances. In the case of a subdivision where actual location of driveways may not yet be established at the time of subdivision approval, the deed for the lot(s) involved in the said subdivision shall contain the requirement for the establishment and maintenance of the sight triangle at the driveway intersection as required by this section.
(4) 
The classification of existing and proposed streets shall be those as defined in the adopted Master Plan or as designated by the Land Use Board at the time of the application for approval for a new street, not included in 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.
G. 
Streets. Residential developments shall comply with the provisions of the Residential Site Improvement Standards. In all other developments shall comply with the following standards:
(1) 
All development shall be served by improved streets with an all-weather base and pavement with an adequate crown. Streets shall be designed in accordance with "A Policy on Geometric Design of Highways and Streets," American Association of State Highway and Transportation Officials (AASHTO), latest edition, and the Asphalt Handbook for County and Municipal Engineers, New Jersey Society of Municipal Engineers (NJSME), latest edition. Street design shall be based on their functional classification according to the United States Department of Transportation Federal Highway Administration's functional classification of highways. A standard local street shall have a cartway width of 40 feet consisting of two twelve-foot travel lanes and two eight-foot parking lanes. Depending on the nature of the neighborhood and intensity of use, curbs, sidewalks and utility areas may be required. Residential developments shall be governed by the New Jersey Residential Site Improvement Standards, N.J.A.C. Title 5, Chapter 21.
(2) 
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.
(3) 
Local streets shall be designed to discourage through traffic.
(4) 
To conserve energy and permit the greatest potential for buildings to a have a southern exposure, all new streets shall have an east/west orientation whenever possible considering topographic features and existing land use patterns.
(5) 
Residential districts bounded by arterial or collector streets.
(a) 
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 circumstances 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 butting 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, county or state.
(b) 
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 the 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 abutting roadway, or, where topography permits, earthen berms may be created at a sufficient height to establish a buffer between the development and the roadway. 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 set forth in § 120-93 herein. They shall be of symmetrical growth, free of insect pests and disease, suitable for street use, and durable under the maintenance contemplated.
(6) 
In all nonresidential developments the minimum street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule, but 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 following schedules. 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.
Street Classification
R.O.W. Width
(feet)
Traffic Lanes
(feet)
Width between Curbs
(feet)
Total Utility and Right-of-way Outside the Curbs*
(feet)
Arterial or major collector
66
2 @ 12
40
26
Minor collector
66
2 @ 12
40
26
Local street
50
2 @ 12
40
10
NOTES:
* Shall be a minimum of four inches deep topsoil stabilized, fertilized and seeded with grass.
(7) 
No development showing reserve strips controlling access to streets or another property or street, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to the Township under conditions imposed by the Land Use Board.
(8) 
In the event that a development adjoins or includes existing Township streets that do not conform to widths as shown on either the 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 maybe offered to the Township for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street right-of-way and shall be expressed on the plat as follows: "Street right-of-way easement granted to the Township of Deerfield permitting the Township to enter upon these lands for the purpose provided for and expressed in the Land Development Regulations Ordinance of the Township of Deerfield." This statement on an approved plat 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 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.
(9) 
The actual design and construction of all streets or roads within the Township shall be subject to review and approval of the Township Engineer in accordance with the provisions of this chapter, the Residential Site Improvement Standards regulations with regard to residential developments, any adopted Master Plan or Official Map and any other applicable ordinances of Deerfield Township, County of Cumberland, and State of New Jersey, or acceptable engineering standards.
(10) 
Where dead-end streets or culs-de-sac are utilized, they shall conform to the following standards:
(a) 
Permanent dead-end streets.
[1] 
Dead-end streets of a permanent nature (where provisions for the future extension of the street to 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 becomes a tangent to one of the curblines of the associated street. In all cases, the radius shall sufficient to permit the maneuvering and turning of emergency vehicles including fire trucks.
[2] 
The maximum radius of a cul-de-sac shall be 50 feet in zoning districts with a minimum lot width of 150 feet or more and 60 feet in zoning districts with a lot width requirement of less than 150 feet. The right of-way radius of the turnaround shall be 60 feet and 70 feet for these respective zoning districts. No cul-de-sac turnaround shall exceed a radius of 70 feet except if an adequate landscaped circle is provided in which two-way traffic is maintained.
(b) 
If a dead-end street is of 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.
(c) 
A dead-end street or cul-de-sac shall not provide access to more than 20 residential nor more than 14 nonresidential lots and/or not be longer than 1,000 feet. Dead-end streets shall have a turnaround at the end with a right-of-way radius of not less than 50 feet and an outside curb radius of not less than 40 feet. Whenever possible, turnarounds shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to adjoining properties.
(11) 
No street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound the names of existing streets within the Township or adjoining municipalities 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 Land Use Board.
(12) 
Date of approval.
(a) 
Streets for residential developments not having preliminary approval on, or submitted for approval after June 3, 1997, shall conform to the requirements of N.J.S.A. 40:55D-40.1 through 40:55D-40.5 with respect to residential site improvement standards. All other streets shall be constructed in accordance with the following standards and specifications:
[1] 
Arterial roads and streets: six inches gravel base course; four inches bituminous stabilized base; two inches FABC-1 surface course.
[2] 
Collector streets: six inches gravel base course; four inches bituminous stabilized base; two inches FABC-1 surface course.
[3] 
Local street: eight inches gravel base course; two inches FABC-1 surface course.
(b) 
Where subbase conditions are wet, springy or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least six to 12 inches below the proposed subgrade and filled with a suitable subbase material as determined by the Township Engineer. Where required by the Engineer, a system of porous concrete pipe, subsurface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material shall be applied.
(13) 
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 required in § 120-91F(6) may be reduced, but in no case shall the paved width of a local street be less than 26 feet.
(14) 
Street signs shall be installed by the developer in a manner and of a material to be approved by the Land Use Board as recommended by the Township Engineer. All such signs shall be installed free of visual obstruction.
(15) 
The developer of any subdivision or development shall provide for the installation of the underground service for and all poles and fixtures for streetlighting. Streetlighting shall be provided in accordance with the recommendations of the Township Engineer and as required by the Land Use Board. Adequate lighting shall be provided at all intersections and elsewhere as deemed necessary by the Land Use Board. The developer shall pay to the Township the costs of operation of said streetlighting (as determined by the standard rates of the servicing utility) until the street upon which said streetlights are installed is accepted by the Township Committee as a public street.
(16) 
All streets and shoulder areas shall be paved in accordance with the standards and specifications of the Township Engineer based upon current engineering practice, the regulations of this chapter and other applicable chapters, regulations and the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, as currently amended.
(17) 
Whenever a development abuts or crosses municipal boundaries, access to those lots within the Township shall be from within the Township as the general rule. Wherever access to a development is required across land in an adjoining municipality as the exception, the Land Use Board may require documentation that such access is legally established, and that the access road is adequately improved and may condition issuance of building permits and/or certificate of occupancy on said lots to such access road's improvement as required herein.
A. 
New utility distribution lines and telephone lines to locations not presently served by utilities shall be placed underground, except those line which are located on or adjacent to active agricultural operations.
B. 
All electric utility transmission lines shall be located within existing rights-of-way on existing towers or underground to the maximum extent practical.
A. 
No development shall be carried out unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of threatened or endangered plants listed in any applicable federal, state or local list of threatened or endangered plants.
B. 
All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.
C. 
Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:
(1) 
Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated; and
(2) 
Revegetate or landscape areas temporarily cleared or disturbed during development activities.
D. 
Applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection F below.
E. 
Shade trees. All new developments shall be required to install shade trees along all roadway frontages, in large parking lots and in other areas as set forth herein this chapter and/or required as a condition of approval of said development. The Land Use Board may waive the requirement of the planting of shade trees in connection with the provisions of § 120-75, Energy conservation, as contained in this chapter. When required, planting of shade trees shall comply with the following requirements:
(1) 
Trees shall be at least eight feet in height and four inches in caliper when planted, free of disease and insect pests, and approved stock.
(2) 
Any plant material which does not live shall be replaced within one year or one growing season. Such trees shall be of a species and at locations approved by the Land Use Board. No trees shall be planted within 25 feet of any street intersection.
(3) 
Shade trees shall be of a species approved by the Land Use Board. The following species shall not be considered as acceptable for shade tree use:
Acer negundo (box elder)
Acer platanoides (Norway maple)
Acer platanoides schwedler (Shwdeler's maple)
Acer rubrum [red (swamp) maple]
Acer saccharinum (silver maple)
Ailianthus altissima (tree of heaven)
Betula (birch), all species
Catalpa, all species
Gingko biloba, female species only
Gleditsia (honey locust and thornless honey locust), all species
Juglans (walnut), all species
Paulownia (empress tree)
Platanus (plane or buttonwood), all species
Populus (poplar and cottonwood), all species
Quercus palustris (pin oak)
Salix (willow), all species
Ulmus (elm), all species
All fruit trees
F. 
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection D above or required pursuant to § 120-52D(2)(c) of this chapter shall incorporate the following elements:
(1) 
The limits of clearing shall be identified.
(2) 
Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design where practical.
(3) 
Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure.
G. 
Tree regulations.
(1) 
All shade trees shall have a minimum diameter of 2 1/2 inches measured three feet above the ground. Trees shall be planted in sufficient frequency to provide shade, shall be balled and burlapped, nursery grown, free from insects and disease, and true to species and variety.
(2) 
Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the tone of the area to conform with adjacent lots. Dead or dying trees shall be replaced by the developer during the next recommended planting season.
H. 
Off-street parking areas located in commercial or industrial zoning districts providing parking spaces for 100 or more vehicles shall provide suitable landscaping to break the monotony of the paved area. Divider strips and buffers, islands and other such landscaped areas within parking lots or areas shall be planted with grass, shrubs, bushes and shade trees in order to alleviate an otherwise barren expanse of open, paved or parking area and unsightly appearance and as an aid to stormwater disposal. Adequate provisions shall be made to ensure that such landscaping shall be maintained in good condition. Such planting shall be designed so as not to interfere or impair solar access for any structure or use located on the same property therewith, nor to cause visual obstruction for traffic using the property involved or streets abutting same.
I. 
Open space adjacent to buildings, not surfaced such as walkways, driveways, parking areas, utility areas or other required improvements in any multifamily residential project, shall be graded and seeded to provide a thick stand of grass or other ground cover material. Suitable and sufficient landscaping with trees and shrubs shall be provided for each dwelling units as approved by the Land Use Board. Once again care shall be taken to prevent interference with solar access to structures or units either now or in the future as plants and trees grow.
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 the sight triangle as established elsewhere in this chapter.
A. 
All development permitted under this chapter shall be designed and carried out so that the quality of surface and groundwater shall be protected. Except as specifically authorized in this section, no development which degrades surface or groundwater quality or which establishes new point sources of pollution shall be permitted.
B. 
The owner of every on-site septic waste treatment facility shall, as soon as suitable septage disposal facility capacity is available, in accordance with the provisions of Chapter 326 of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and Section 201 of the Clean Water Act:
(1) 
Have the facility inspected by a technician at least once every three years;
(2) 
Have the facility cleaned at least once every three years; and
(3) 
Once every three years submit to the Board of Health serving the Township a sworn statement that the facility has been inspected and cleaned and is functional, setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.
C. 
Use of the following substances is prohibited in the Township to the extent that such use will result in direct or indirect introduction of such substances to any surface, or ground or surface water or any land:
(1) 
Septic tank cleaner; and
(2) 
Waste oil.
D. 
No person shall apply any herbicide to any road or public utility right-of-way within the Township unless necessary to protect an adjacent agricultural activity.
E. 
The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986.[1]
[1]
Editor's Note: See N.J.S.A. 58:10A-21 et seq.
A. 
All surface water runoff shall be managed in accordance with the standards contained in § 120-95, Water quality.
B. 
Buildings serviced by a central sewage system shall be designed to include water saving devices.
A. 
Residential developments shall comply with the provisions of the Residential Site Improvement Standards.
B. 
In all other developments, the following provisions shall apply:
(1) 
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 the development. The entire system shall be designed in accordance with the requirements and standards of the Township, County and/or State of New Jersey agency having approval authority and shall be subject to their approval. The system shall also be designed with adequate capacity and sustained pressure for present and probable future development.
(2) 
Water supply facilities and systems shall be provided and installed in accordance with the specifications of this chapter and as required and approved 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 appropriate state agency and the Township of 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 Land Use Board, the Board may waive the requirement that water supply systems and facilities be installed to connect to or with a public system or facilities.
(3) 
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, Department of Health or other appropriate agency, an on-site "community" water supply system approved by the New Jersey Department of Environmental Protection and the Township of Deerfield governing body, shall be installed. Said on-site 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.
(4) 
Where public water is not available, potable water supply shall be provided to each lot on an individual well basis. Appropriate and necessary testing within reason of land(s) proposed for development may be required by the Land Use Board so as to determine the suitability of the site, the proper location and evidence the site can provide for adequate water supply. Individual wells shall be designed and installed in accordance with the requirements and standards of the Township, county and/or state agency having appropriate jurisdiction.
A. 
Development shall be prohibited in all wetlands and wetlands transition areas except as specifically authorized in this section.
B. 
Horticulture of native species and berry agriculture shall be permitted in all wetlands subject to the requirements of Subsection I of this section.
C. 
Beekeeping shall be permitted in all wetlands.
D. 
Forestry shall be permitted in all wetlands subject to the requirements of § 120-109 of this chapter.
E. 
Fish and wildlife management activities shall be permitted in all wetlands subject to the standards of this article and provided that the activities do not result in a significant adverse impact as set forth in Subsection J.
F. 
Low-intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating, and swimming, and other low intensity recreational uses provided that any development associated with those other uses does not result in a significant adverse impact on the wetlands as set forth in Subsection J below.
G. 
Commercial or public docks, piers, moorings, and boat launches shall be permitted, provided that:
(1) 
There is a demonstrated need for the facility that cannot be met by existing facilities;
(2) 
The development conforms with all state and federal regulations; and
(3) 
The development will not result in a significant adverse impact as set forth in Subsection J of this section.
H. 
Bridges, roads, trails and utility transmission and distribution facilities and other similar linear facilities, provided that:
(1) 
There is no feasible alternative route or site for the facility that does not involve development in a wetland or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist.
(2) 
The need for the proposed linear improvement cannot be met by existing facilities or modification thereof.
(3) 
The use represents a need which overrides the importance of protecting the wetland.
(4) 
Development of the facility will include all practical measures to mitigate the adverse impact on the wetland.
I. 
Agricultural and horticultural use, as defined in § 120-5 of this chapter and limited by Subsection J of this section.
J. 
A significant adverse impact shall be deemed to exist where it is determined that one or more of the following modifications of a wetland will have an irreversible effect on the ecological integrity of the wetland and its biotic components, including but not limited to threatened or endangered species of plants or animals:
(1) 
An increase in surface water runoff discharging into a wetland;
(2) 
A change in the normal seasonal flow patterns in the wetland;
(3) 
An alteration of the water table in the wetland;
(4) 
An increase in erosion resulting in increased sedimentation in the wetland;
(5) 
A change in the natural chemistry of the ground or surface water of the wetland;
(6) 
A lost of wetland habitat;
(7) 
A reduction of wetland habitat diversity;
(8) 
A change in wetland species composition; or
(9) 
A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting or feeding.
K. 
Determination under Subsection J above shall consider the cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may affect the wetland.
All developments shall comply or conform to the provisions of this chapter including the Schedule of District Regulations. Standards and regulations contained in Article V of this chapter shall be met in addition to all standards and regulations contained within this article.
A. 
Where due to special conditions, a literal enforcement of the provisions of this article will result in unnecessary hardship or be detrimental to the stated goals and objectives of the Township's development policy as expressed in the Township Master Plan, the Land Use Board may be resolution, grant such waiver from or adjustment to the requirements of this article as will not be contrary to the public interest, and will carry out and implement the objectives of the Township Master Plan and this chapter.
B. 
All requests for waivers or adjustments to the design standards contained in this chapter shall be submitted in writing to the Land Use Board 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 requests, the Land Use Board 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 the design standard to the development proposed.
A. 
All improvements and performance standards in this article, when required or applicable of or to a developer, shall be subject to inspection by the Township Engineer or other appropriate officials, 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 Township Engineer.
B. 
The Land Use Board may require the developer to provide an office or shelter suitable for use by the on-site Township inspector(s) when the development size and intensity warrants the same due to the scope and complexity of required improvements.