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
(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.
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:
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.
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.
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:
(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.
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:
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.
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.
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:
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.
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.
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.
