A. 
Views. The applicant shall prepare a visual analysis of the site and surrounding area, particularly paying attention to scenic vistas of the Delaware River and Rancocas Creek. The Joint Land Use Board may require layouts to respect the scenic views.
B. 
Mature vegetation. The applicant shall prepare a plan showing all trees in excess of 10 inches caliper at 4.5 feet in height. Wherever possible, mature vegetation will be spared, and appropriate conservation measures undertaken. The location(s), species, and size of all deciduous trees 10 inches or greater in caliper at 4.5 feet in height or evergreen and coniferous trees greater than eight feet in height to be removed shall be shown on a survey or site plan. The location of replacement trees including a replacement schedule, indicating species, quantities, and size in accordance with § 91-6B(5) shall be provided.
[Amended 11-14-2022 by Ord. No. 2022-11]
(1) 
In residential developments, trees shall be planted throughout the site at a rate of one tree per 1,000 square feet of upland lot area, outside of improvements, or fraction thereof.
(2) 
In nonresidential developments, trees shall be planted throughout the site at a rate of one tree per 1,000 square feet of upland lot area, outside of improvements or fraction thereof.
(a) 
Of the quantity specified above, 60% shall be shade trees at a minimum caliper size of two inches to 2.5 inches and/or evergreen and coniferous trees at six to eight feet in height.
(b) 
Of the quantity specified above, 40% shall be shade trees a minimum caliper size of 2.5 inches to 3.5 inches and/or evergreen and coniferous trees at eight to 10 feet in height.
(3) 
Where existing, mature upland forest, containing a predominance of trees four inches in diameter at 4.5 feet height at the approval of the Board Landscape Architect, which are preserved and adequately protected and not injured during and subsequent to construction may be deducted from the quantity of trees required at the rate of one tree for every 2,000 square feet of mature upland forest. Note: Only upland areas and existing trees, which are located on the property being developed, shall be considered to satisfy this requirement; neither plantings provided in conjunction with other ordinance requirements nor trees within the right-of-way shall be considered.
(4) 
An accurate limit of woodland to be cleared and planting sites for new plantings shall be indicated on the landscape plan, individual plot plan, or site plan and must be submitted to the Board Landscape Architect for review and approval prior to preliminary approval.
(5) 
Mitigation required for tree removal in excess of 10 inches caliper or eight feet in height.
(a) 
Mitigation for tree removal shall be required for removal of trees requiring site plan or subdivision approval; and/or for clearing of trees occurring beyond any approved limit of clearing that was not approved as part of any site plan or subdivision approval.
(b) 
Replacement trees. Replacement trees shall generally be replaced with the same species, or other native New Jersey species, except in the case of disease prone or not aesthetically appropriate species; and shall be required in accordance with the following schedule:
Caliper or Height of Removed Tree
Number of Replacement Trees for Each Tree Removed Measuring:
10 to 12 inches caliper deciduous/8 to 14 feet height evergreen and coniferous
1
12 to 16 inches caliper deciduous/14 to 18 feet height evergreen and coniferous
2
16 to 24 inches caliper deciduous/18 to 26 feet height evergreen and coniferous
3
24 + inches deciduous/26 + feet height evergreen and coniferous
4
(6) 
Exceptions.
(a) 
Commercial nurseries, fruit orchards, state-approved forest management, and agricultural uses.
(b) 
Removal of dead, dying, diseased, severely damaged, or any tree which is deemed a hazard to structures, infrastructure, or human life.
(c) 
Any tree on public lands under the control of any governing entity, including parks and rights-of-way.
(d) 
Approved pruning or removal by utility companies for maintenance.
(e) 
Fire hazard areas.
(f) 
Where lot area is less than two times the required minimum lot size, then lots containing single-family or two-family dwellings and properties within these residential districts.
(7) 
Planting standards. All replacement trees shall be nursery grown, certified and guaranteed for a life of at least two years from the date of installation or planting and if dead or dying (as determined by the Planner), replacement is required. The replacement trees shall have a minimum caliper of 2.5 inches for shade trees, 1.5 inches for ornamental trees, and a height of six feet for evergreen and coniferous trees.
(8) 
Off-site compensation. If all the required replacement trees cannot be accommodated on the applicant's site, at the request of the applicant, the deficit may be planted at an off-site location, which shall be Township or other publicly owned property, as determined by the Township Committee or their designee. The replanting plan shall be prepared by the applicant for approval by the Township Landscape Architect. In the alternative to on-site replanting, the applicant may elect to contribute a cash equivalent to the Township to be placed in an account and used for the purpose of replacement trees by the Township or their designee for use on public property or within any right-of-way. If a cash contribution is offered, the contribution will be calculated, based upon current bond estimating, and made prior to the filing of any subdivision plan or prior to the issuance of permits.
C. 
Layout of buildings and parking areas. The layout of buildings and parking areas will replicate to the extent possible the existing development in the neighborhood. Building setbacks, where possible, are to be averaged. Other new development will provide off-street parking and loading in the rear or side yards.
A. 
Pedestrian. Any areas of pedestrian crossing a main site drive aisle or public street shall provide a change of texture, color and paving material in order to delineate the pedestrian crossing.
B. 
Off-street parking and loading.
(1) 
See § 110-14 entitled “Off-street parking and loading.”
(2) 
This section applies to access to and from lots serving more than six spaces.
(3) 
Access to parking and loading spaces. Individual parking and loading spaces shall be served by on-site aisles designed to permit each motor vehicle to proceed to and from each parking and loading space without requiring the moving of any other motor vehicle.
(4) 
Parking and loading shall be provided pursuant to § 110-14.
(5) 
All parking and loading areas shall be located in the side or rear yards and completely screened from the front yard through the use of fences or vegetation, pursuant to § 110-15.
(6) 
All parking and loading areas are required to provide landscape buffer areas, pursuant to § 110-15.
(7) 
Parking and loading areas shall not interfere with on-site or off-site circulation areas.
(8) 
Buffers and setbacks. Parking and loading areas for commercial and industrial uses shall be buffered from adjoining streets, existing residential use or any residential zoning district in a manner meeting the objectives of the buffer section of the Zoning Ordinance (§ 110-15). In the event that parking is permitted in the front yard, the edge of the parking space shall be separated from the street right-of-way as required by § 110-15 with this area being landscaped as set forth on an approved landscape plan.
(9) 
Curbing. All off-street loading areas shall have a concrete or blue stone curbing around the perimeter of the parking and loading areas to separate major interior driveways from the parking and loading spaces. All curbing shall be located in conjunction with an overall drainage plan. Curbing installed at locations requiring pedestrian access over the curbing shall be designed to have ramps from the street grade to the sidewalk. The breaks shall be either opposite each aisle or no less frequent than one every 65 feet along the curb.
(10) 
Off-street parking dimensions. Off-street parking spaces shall be a minimum of 18 feet in length, except parallel spaces shall be 25 feet long. Where a curbline and sidewalk (pedestrian way) provides a wheel stop for vehicles, an additional two feet of sidewalk is required for vehicle overhang. This overhang area shall not result in reducing any abutting sidewalk area. Parking spaces shall be at least nine feet wide. The spaces shall be delineated by painted lines using “Long Life Epoxy Resin” with glass beads per NJDOT Standard Specifications for Road and Bridge Construction, 1996, Sections 618 and 912, as amended. The striping shall be a hairpin design for all parking space widths less than 10 feet wide. Access aisle widths shall be in accordance with the following schedule. The number of spaces and their dimensions designed and located to serve the handicapped shall comply with state regulations. Said spaces shall be designated as parking for the handicapped and shall be located so that access does not require wheeling or walking behind parked cars. The required aisle widths shall comply with the following schedule:
Angle of Parking Space
One-Way Aisle
(feet)
Two-Way Aisle
(feet)
90°
24
24
60°
18
24
45°
15
24
30°
12
24
Parallel
12
24
(11) 
Off-street loading spaces shall have 15 feet of vertical clearance and be designed in accordance with the following schedule:
Loading Space
Apron/Aisle Length
(feet)
Length
(feet)
Width
(feet)
90°
60°
60
10
72
66
60
12
63
57
60
14
60
54
C. 
On-street parking and loading. The Board may grant variances to permit on-street parking and loading. Wherever off-street parking and loading cannot be accommodated due to the existing development of the area, the applicant will agree to provide parking and loading in accordance with Joint Land Use Board conditions. Where on-street parking and loading is provided, appropriate parking spaces, loading spaces and signage is required according to conditions of the Joint Land Use Board on a case-by-case basis.
D. 
Drainage. All parking and loading areas shall have catch basins and drainage facilities installed in accordance with good engineering practices as approved by the Board Engineer and in accordance with the drainage provisions of § 100-36. The surface of parking and loading areas shall have minimum slopes of 0.75% and a maximum slope of 8%. 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 provide a stable condition and backfilled with a suitable subbase material as approved by the Board Engineer. Where required by the Board Engineer, a system of under 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.
E. 
Surfacing, as follows, shall be approved as part of the plan approval. Areas of ingress and egress, loading and unloading areas, major interior driveways, aisles and other areas likely to experience similar heavy traffic shall be constructed with:
(1) 
Four inches of compacted dense graded aggregate constructed in accordance with Section 301, Soil Aggregate Base Course and Dense Graded Aggregate Base Course, of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction (1989) and amendments thereto; and,
(2) 
With not less than five inches of compacted base course of plant-mixed bituminous stabilized base course, NJDOT Mix I-1, constructed in layers not more than three inches compacted thickness, or an equivalent, and prepared and constructed in accordance with Section 304, Bituminous Stabilized Base Course, NJDOT Mix I-1 of the New Jersey Department of Transportation Standard Specifications for Roads and Bridge Construction (1989) and amendments thereto; and
(3) 
A minimum two-inch inch thick compacted wearing surface of bituminous concrete surface course, NJDOT Mix I-5 or equivalent, shall be constructed thereon in accordance with Section 404, Bituminous Concrete Surface Course, Mix I-5 of the New Jersey Department of Transportation Standard Specifications for Roads and Bridge Construction (1989) and amendments thereto.
F. 
Parking space areas and other areas likely to experience light traffic shall be constructed with:
(1) 
Four inches of compacted dense graded aggregate constructed in accordance with Section 301, Soil Aggregate Base Course and Dense Graded Aggregate Base Course, of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction (1989) and amendments thereto; and,
(2) 
Paved with not less than three inches of compact base course of plant-mixed bituminous stabilized base course, NJDOT Mix I-1 or an equivalent, prepared and constructed in accordance with Section 304, Bituminous Stabilized Base Course, NJDOT Mix I-1 of the New Jersey Department of Transportation Standard Specifications for Roads and Bridge Construction (1989) and amendments thereto. At least 1.5 inches NJDOT Mix I-5 surface of bituminous concrete surface course or equivalent shall be constructed thereon in accordance with Section 404, Bituminous Concrete Surface Course, Mix I-5 of the New Jersey Department of Transportation Standard Specifications for Roads and Bridge Construction (1989) and amendments thereto.
A. 
Landscape buffers shall be provided pursuant to § 110-15; and trees shall be preserved, maintained, and/or planted consistent with § 91-6 and/or § 100-17.
[Amended 11-14-2022 by Ord. No. 2022-11]
(1) 
Landscape buffer areas. The landscape buffer areas shall create continuous unbroken screen consisting of deciduous and evergreen trees and shrubs.
(2) 
Street trees shall be planted 50 feet on center for all new development, within the right-of-way, in the planting strip, located between the curb and the sidewalk, wherever possible. Where that arrangement is not possible, the street trees shall be placed within the right-of-way between the curb and the property line.
(3) 
The following list of invasive exotic trees are prohibited:
Acer ginnala — Amur maple
Acer japonicum — Japanese red maple
Acer platanoides — Sycamore maple
Acer pseudoplatanus — Norway maple
Ailanthus altissima — Tree-of-Heavan
Alnus glutinosa — black alder
Broussonetia papyrifera — paper mulberry
Kolreuteria paniculata — golden rain tree
Mela azedarach — chinaberry
Morus alba — white mulberry
Paulownia tomentosa — princess paulownia
Phellodendron amurense — Amur cork tree
Quercus acutissima — sawtooth oak
Populus alba — white poplar
Ulmus purnila — Siberian elm
Sapium sebiferum — Chinese tallow tree
(4) 
The following list of invasive exotic shrubs or smaller trees are prohibited:
Albizia julibrissin — mimosa
Berberis japonica — Japanese barberry
Berberis thunbergii — Japanese barberry
Berberis vulgris — common barberry
Cytisus scoparius — Scotch broom
Eleagnus angustifolia — Russian olive
Eleagnus pungens — thorny eleagnus
Eleagnus umbellata — autumn olive
Euonymus alatus — winged wahoo
Hibiscus syriacus — shrub althea
Ligustrum obtusifolium — blunt leaved privet
Ligustrum sinense — Chines privet
Lnicera maackii — Amur honeysuckle
Lonecera morrowi — Morrow honeysuckle
Lonicera morrowi z tatarica — Bell’s honeysuckle
Lonicera tatarica — Tartarian honeysuckle
Rhamnus frangula — glossy buckthorn
Rhamnus cathartica — buckthorn
Rosa multiflora — multiflora rose
Rubus laciniata — cut leaved blackberry
Rubus phoenicolasius — wineberry
Spiraea japonica — Japanese spirea
B. 
Screening. Screening shall be provided of all service, loading and parking areas in accordance with §§ 100-17 and 110-15.
C. 
Lighting; purpose and intent.
(1) 
The standards established in this section set forth criteria to:
(a) 
Provide lighting in outdoor public places where public health, safety and welfare are potential concerns.
(b) 
Protect drivers and pedestrians from the glare of nonvehicular light sources that shine into their eyes and thereby impair safe traverse.
(c) 
Protect neighbors and the night sky from nuisance glare and stray light from poorly aimed, placed, applied or shielded light sources.
(d) 
Promote conservation through efficient lighting design.
(2) 
Applicability. Outdoor lighting shall be required for safety and personal security in areas of public assembly and traverse; including but not limited to the following: residential, as well as commercial, industrial, public-recreational and institutional uses. The Board may require lighting be incorporated for other uses or locations, as they deem necessary. The glare-control requirements herein contained apply to lighting in all above-mentioned uses as well as, but not limited to, sign, architectural, landscaping and residential lighting.
[Amended 5-16-2011 by Ord. No. 2011-18]
(3) 
Criteria; illumination guidelines. Lighting, where required by this chapter, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) as contained in the IESNA Lighting Handbook. Future amendments to aforementioned recommended practices shall become a part of this chapter without further action of the Township. Examples of intensities for typical outdoor applications, as extracted from the Eighth Edition of the Lighting Handbook, are presented below.
[Amended 5-16-2011 by Ord. No. 2011-18]
Table I
Illumination Guidelines
Use/Task
Maintained Footcandles
Uniformity
Streets, local residential
0.4 average
6:1
Streets, local commercial
0.9 average
6:1
Parking, residential, multifamily
Low vehicular/ pedestrian activity
0.2 minimum
4:1
Medium vehicular/ pedestrian activity
0.6 minimum
4:1
Parking, industrial/ commercial/ institutional/ municipal
High activity, e.g., regional shopping centers/ fast-food facilities, major athletic/ civic/ cultural events
0.9 minimum
4:1
Medium activity, e.g., community shopping centers, office parks, hospitals, commuter lots, cultural/ civic/ recreational events
0.6 minimum
4:1
Low activity, e.g., neighborhood shopping, industrial employee parking, schools, church parking
0.2 minimum
4:1
Walkways and bikeways
0.5 average
5:1
Building entrances, active
5.0 average
Gasoline service station
10.0 maximum
NOTES:
Illumination levels are maintained horizontal footcandles on the task, e.g., pavement or area surface.
Uniformity ratios dictate that average illuminance values shall not exceed minimum values by more than the product of the minimum value and the specified ratio. For example: for commercial parking high activity, the average footcandles shall not be in excess of 3.6 (0.9 x 4).
(4) 
Illumination levels are maintained horizontal footcandles on the task, e.g., pavement or area surface. Maximum illumination levels for the specified tasks and uses shall be provided as follows:
[Added 5-16-2011 by Ord. No. 2011-18[1]]
Table II
Maximum Illumination Levels for Specific Tasks and Approaches
Horizontal Illuminance Maximum
Vertical Illuminance Maximum
Fast food restaurants
100 lux or 10 fc
30 lux or 3 fc
Retail uses
30 lux or 3 fc
30 lux or 3 fc
Pedestrian mall
30 lux or 3 fc
30 lux or 3 fc
Gasoline service station
Dark surrounding
Approach
15 lux or 1.5 fc
5 lux or 0.5 fc
Driveway
15 lux or 1.5 fc
5 lux or 0.5 fc
Pump island area
30 lux or 3 fc
30 lux or 3 fc
Building faces (exclusive of glass)
20 lux or 2 fc
5 lux or 0.5 fc
Service areas
20 lux or 2 fc
5 lux or 0.5 fc
Landscape highlights
10 lux or 1 fc
3 lux or 0.3 fc
Light surrounding
Approach
20 lux or 2 fc
5 lux or 0.5 fc
Driveway
20 lux or 2 fc
5 lux or 0.5 fc
Pump island area
50 lux or 5 fc
30 lux or 3 fc
Building faces (exclusive of glass)
30 lux or 3 fc
30 lux or 3 fc
Service areas
30 lux or 3 fc
30 lux or 3 fc
Landscape highlights
20 lux or 2 fc
5 lux or 0.5 fc
[1]
Editor's Note: This ordinance also redesignated former Subsection C(4) as Subsection D; Subsection C(5) as Subsection P; and Subsection C(6) through (9) as Subsections E through H, respectively. Former Subsection C(10), (13), (14) and (16) was redesignated as Subsections I, J, K and L, respectively. Former Subsection C(15) was redesignated as Subsection U. The ordinance also redesignated former Subsection C(17) through (19) as Subsections M through O, respectively.
D. 
Fixture design; control of nuisance and disabling glare. All outdoor lighting, whether or not required by this chapter, on private, residential, commercial, industrial, municipal, recreational or institutional property shall be aimed, located, designed, fitted and maintained so as not to present a disabling glare hazard to drivers or pedestrians or a nuisance glare concern to neighboring properties.
[Amended 5-16-2011 by Ord. No. 2011-18]
(1) 
Directional fixtures such as floodlights and spotlights shall be installed or aimed at an angle no higher than 45° above straight down (half-way between straight down and straight to the side) so that they do not shine directly into the window of a neighboring residence, directly into a roadway or skyward.
(2) 
Unless otherwise permitted by the Board, lighting shall be controlled by automatic switching devices such as timers, motion detectors and/or photocells, to extinguish offending sources between 11:00 p.m. to dawn, to mitigate glare and skylighting consequences.
(3) 
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, such control shall be achieved primarily through the use of sharp cutoff fixtures, the appropriate application of mounting height, wattage, aiming angle, fixture placement and fixture design, etc., and the additions of shields and baffles as necessary.
(4) 
The amount of illumination projected onto a residential use from another property shall not exceed 0.25 vertical footcandles at the property line.
(5) 
Externally illuminated signs shall be lighted by fixtures mounted at the top of the sign and aimed down rather than by fixtures mounted at the bottom of the sign and aimed up.
(6) 
In and adjacent to residential areas, light should be shielded so that the lamp is not directly visible outside the property perimeter.
E. 
Law governing conflicts. Where any provision of federal, state, county or Township statutes, codes or laws conflicts with any provision of this chapter, the most restrictive shall govern unless otherwise regulated by law. Seasonal decorations using typical unshielded low-wattage incandescent lamps shall be permitted in all lighting zones from Thanksgiving through January 15.
F. 
Installation.
[Amended 5-16-2011 by Ord. No. 2011-18]
(1) 
Lighting fixtures shall be mounted at the top of a pole at heights suitable to provide the best overall lighting design, but in no case shall be mounted in excess of 22 feet above grade, maintaining the uniformity and limiting the bulb wattages as follows:
Table — Light Standards
Fixture Mounting Height
Maximum Bulb Watts
Less than 18 feet
175 watts maximum
18 to 22 feet
250 watts maximum
(2) 
Electrical feeds to lighting standards shall run underground, not overhead.
(3) 
Lighting standards in parking areas shall be placed a minimum of five feet outside the paved area, outside where vehicles may conflict with the placement of the fixture. Where the poles are five feet outside the paved area, the base of the fixture shall be flush mounted with the ground.
(4) 
Where, due to restrictions in light locations due to inadequate spacing between vehicle areas and light fixtures, lights may be placed on reinforced concrete pedestals at least 30 inches high above the pavement, or by other acceptable protective means. Aboveground mounting of light pole foundations is not encouraged or desirable. Where due to space limitations, the concrete footing must extend above grade for protection of the poles, they shall be decoratively treated to complement the building materials.
G. 
Maintenance: Lighting fixtures shall be maintained so as to always meet the requirements of this chapter.
H. 
Fixture location and placement: The following are requirements for placement of streetlighting fixtures:
(1) 
All residential developments:
(a) 
All entrance roads entering the proposed development and intersecting any public road.
(b) 
All intersections involving proposed public roads within the proposed development.
(c) 
All proposed public roads within the proposed development with said road having a minimum three-hundred-feet horizontal curve, in that case, the fixture shall be placed on the apex of the horizontal curve or as required by the Township Engineer or Lighting Engineer Consultant thereof.
(2) 
Multifamily unit parking areas:
(a) 
One fixture for every 10 contiguous parking spaces provided, or sufficient to meet the requirements of § 110-21.
(b) 
All cul-de-sac bulb radii.
(c) 
All terminal ends of center median islands having concrete structure curbing, trees and/or other fixed objects not having a breakaway design for speeds of 25 miles per hour or greater.
(d) 
Any/all defined pedestrian crossings shown on the plans (or required by the Township) located within the development or along existing road abutting the development with said crossing located in areas other than lighted intersections.
(e) 
Any signalized intersection abutting the proposed development.
(f) 
Any new traffic signal installations abutting the proposed development.
(3) 
All land development and other nonresidential developments:
(a) 
All requirements as specified in § 110-21.
(4) 
Any/all nonpublic roads, designed as a major thoroughfare through the proposed development.
(a) 
Placement/location of fixtures shall meet the same requirements as specified in § 91-8 C(9)(a) and (b) above.
(b) 
For the purpose of this chapter, any nonpublic road designed and/or used as a main thoroughfare through a land development shall be considered a public road as it pertains to the interpretation of this chapter.
I. 
Outdoor advertising or off-premises signs.
[Amended 5-16-2011 by Ord. No. 2011-18]
(1) 
Where lighting is provided on existing nonconforming off-premises signs, top-mounted fixtures shall be required. Lighting fixtures used to illuminate an outdoor advertising sign shall be mounted on the top of the sign structure. All such fixtures shall be full cutoff fixtures.
(2) 
Bottom-mounted outdoor advertising signs lighting shall not be used.
(3) 
Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding. Dark backgrounds with light lettering or symbols are preferred to minimize detrimental effects. Yellow, white, cream or off-white backgrounds shall not be used. Unless conforming to the above dark background, total lamp wattage per property shall be less than 41 watts for each sign.
(4) 
Compliance limit. Existing outdoor advertising structures shall be brought into conformance with this chapter within ten years from the date of the adoption of this provision.
(5) 
Prohibitions. Electrical illuminations of outdoor advertising off-site signs between the hours of 11:00 p.m. and sunrise is prohibited.
J. 
Recreational facilities. Any light source permitted by this chapter may be used for lighting of outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts or show areas, provided all of the following conditions are met:
(1) 
All fixtures used for event lighting shall be fully shielded as defined in § 91-8C(4) of this chapter or be designed or provided with sharp cutoff capability so as to minimize up-light, spill-light and glare.
(2) 
All events shall be scheduled so as to complete all activity before or as near to 10:30 p.m. as practical, but under no circumstances shall any illuminations of the playing field, court or track be permitted after 11:00 p.m. except to conclude a scheduled event that was in progress before 11:00 p.m. and circumstances prevented concluding before 11:00 p.m.
K. 
Service station canopies; shielding: All luminaires shall be recessed into the lower surface of the service station canopies and shall be fully shielded and utilize flat lenses.
L. 
Prohibitions.
(1) 
Laser source light. The use of laser source light or any similar high-intensity light for outdoor advertising or entertainment, when projected above the horizontal, is prohibited.
(2) 
Searchlights. The operation of searchlights for advertising purposes is prohibited.
M. 
Temporary outdoor lighting.
[Amended 5-16-2011 by Ord. No. 2011-18]
(1) 
Any temporary outdoor lighting that conforms to the requirements of this chapter shall be allowed.
(2) 
Laser source light. The use of any type of laser source light or any other similar high intensity light for outdoor purposes is prohibited.
(3) 
Searchlights. The operation of searchlights for advertising purposes shall be permitted upon receipt of a temporary event zoning permit.
N. 
Compliance monitoring; safety hazards.
(1) 
If the Code Enforcement Officer or Board Engineer judges that a lighting installation creates a safety or personal security hazard, the person(s) responsible for the lighting shall be notified and requested to timely remedial actions.
(2) 
If appropriate corrective action has not been effected within thirty days of notification, the Township may levy a fine of between $25 and $100.
O. 
Plan submission.
[Amended 5-16-2011 by Ord. No. 2011-18]
(1) 
Lighting plans submitted to the municipality for review and approval shall include a layout of the proposed fixture locations; the average footcandles, minimum footcandles and maximum footcandles, maintained with a light loss factor (LLF) of 0.75; the uniformity ratio and the minimal illuminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA).
(2) 
All point method lighting plans shall include all canopy, interior and building lights as well as the site lighting proposed.
(3) 
All site plans are required to provide a point-by-point lighting plan according to light standards and illumination levels stated in this section.
(4) 
The photometric plans shall contain a plan identification symbol or abbreviation, fixture type, lamp type, lamp lumens, lamp degree Kelvin, fixture lens height above lowest adjacent finished grade, and total light loss factor utilized.
P. 
Exceptions to control of glare.
[Amended 5-16-2011 by Ord. No. 2011-18]
(1) 
Luminaires used for public-roadway illuminations may be installed at a maximum height of 25 feet and may be positioned at that height up to the edge of any bordering property.
(2) 
All temporary emergency or construction lighting needed by the Police or Fire Department or other emergency services; and sewer, utility, water, and/or road construction crews, as well as all vehicular light fixtures shall be exempt from the requirements of this article.
(3) 
Downward facing luminaires used primarily for sign illuminations may be mounted at any height to a maximum of 20 feet or to the top of the sign, and no part of the fixture shall exceed 18 inches above the sign face.
Q. 
Street and site lighting fixtures shall be provided as follows:
[Added 5-16-2011 by Ord. No. 2011-18]
(1) 
Street and site lighting along the Burlington Avenue Commercial Zoned corridor shall be as determined by the governing body for the Burlington Avenue streetscape design.
(2) 
All light fixtures shall provide the maximum light cutoff as offered by the lighting or utility company. Where possible lighting installations shall be designed and installed to be fully shielded, employing full cutoff fixtures.
(3) 
Streetlights shall be controlled by a photo sensor or astronomical time switch that is capable of turning off the exterior lighting when sufficient daylight is available.
(4) 
All lighting installation shall use the lowest wattage lamp feasible. Lamp wattage should be adjusted based upon the lamp type such as, for example, 250 watts for commercial lighting; 100 watts incandescent, and 26 watts compact fluorescent for residential lighting.
R. 
All developments shall provide lighting at:
[Added 5-16-2011 by Ord. No. 2011-18]
(1) 
All entrance roads entering the proposed development and intersecting any public road.
(2) 
All intersections involving proposed public roads within the proposed development.
(3) 
All proposed public roads within the proposed development with said road having a minimum 300 feet horizontal curve, in that case, the fixture shall be placed on the apex of the horizontal curve or as required by the Township Engineer or Lighting Engineer Consultant thereof.
(4) 
Where it is determined by the Board that inadequate or excessive lighting has been provided due to the configuration, layout or scheme of the platted development, light fixtures may be added or removed. However, it should be noted for energy conservation and dark skies initiatives, light fixtures should be only incorporated when absolutely necessary to provide for public safety and safe passage.
S. 
Where lighting is provided, the average-to-minimum uniformity shall be used as a guideline to ensure adequate uniformity along public rights-of-way, in accordance with the following table:
[Added 5-16-2011 by Ord. No. 2011-18]
Table III
Recommended Illuminance Uniformity Ratios for Streets
Application
Average-to-Minimum Ratio
Expressways and major roadways
3:1
Collector roadways
4:1
Local roadways
6:1
Pedestrian walkways and bikeways
4:1
T. 
Average-to-minimum uniformity shall be used to ensure adequate uniformity at site intersections along public rights-of-way in accordance with the following table:
[Added 5-16-2011 by Ord. No. 2011-18]
Table IV
Recommended Illuminance Uniformity Ratios for Streets and Walkways
Application
Average-to-Minimum Ratio
Expressways and major roadways
3:1
Collector roadways
4:1
Local roadways
6:1
Pedestrian walkways and bikeways
4:1
U. 
Outdoor display lots. All lot lighting shall utilize fully shielded luminaires that are installed in a fashion that maintains the fully shielded characteristics. The display lot shall be designed to achieve no greater than the minimum illuminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA).
[Amended 5-16-2011 by Ord. No. 2011-18]
Table V
Recommended Illuminance Uniformity Ratios for On-site Applications
Application
Maximum-to-Minimum Ratio
Parking facilities (primarily daytime use)
20:1
Parking facilities (night use)
15:1
V. 
Lighting in multifamily residential developments shall be provided in the following locations:
[Added 5-16-2011 by Ord. No. 2011-18]
(1) 
At all cul-de-sac bulb radii.
(2) 
At all terminal ends of center median islands having concrete structure curbing, trees, and/or other fixed objects not having a breakaway design for speeds of 25 miles per hour or greater.
(3) 
At any/all defined pedestrian crossings shown on the plans (or required by the Township) located within the development or along an existing road abutting the development with said crossing located in areas other than lighted intersections.
(4) 
At any signalized intersection abutting the proposed development.
A. 
In the nonresidential districts, no article or material shall be kept, stored or displayed outside the confines of a building, except where permitted elsewhere in this chapter, unless the same is so screened by a special buffer planting, berm arrangement or fence, or combination thereof, as approved by the Board, so that it is not visible from any adjacent property or public street. Any outdoor storage of flammable material, which is permitted and is properly screened, shall be at least 20 feet from any property line or the minimum required accessory building setback, whichever is greater.
B. 
Outdoor storage, where permitted, is only permitted in the side and rear yards.
C. 
No materials or wastes shall be deposited upon a lot in such form or manner that they can be transferred off the lot, directly or indirectly, by natural forces such as precipitation, evaporation or wind, or where they can contaminate or render undesirable an underground aquifer or where they will destroy aquatic life. All materials or wastes which might create a pollutant or a hazard shall be enclosed in appropriate containers to eliminate such possibility. No flammable, combustible or explosive substance shall be stored on a property except under conditions approved by the Fire Official and/or Construction Official.
D. 
All development plans shall provide for sufficient area for the storage of recyclable materials as follows:
(1) 
Each application for residential development of 50 or more units of single-family or two-family housing or 25 or more units of multifamily housing must include provisions for the collection, disposition and recycling of recyclable materials. A single-family unit or a unit within a multifamily dwelling should provide at least 12 square feet of floor area conveniently arranged and located as a holding area for a four-week accumulation of materials. Such an area may be within a hidden laundry room, basement or garage.
(2) 
Each application for a nonresidential use which utilizes 1,000 square feet or more of land must include provisions for the collection, disposition and recycling of recyclable materials. Each application shall quantify the amount of recyclable material it will generate as part of its weekly generation, including newspapers, leaves, white high-grade paper, glass bottles and jars, aluminum, corrugated cardboard and tin and bimetal cans. The application shall provide a storage area to contain a week's accumulation of recyclable material.
(3) 
The storage area for recyclable materials shall be designed for truck access for pickup of materials and be suitably screened from view if located outside a building.
E. 
Design of containment areas for designated recyclable materials on residential sites.
[Added 3-7-2011 by Ord. No. 2011-3]
(1) 
Purpose of Subsection E. The Township of Delanco finds that reducing the amount of solid waste and conservation of recyclable materials is an important public concern and is necessary to implement the requirements of the SWMA[1] and the County Plan. Areas for the collection of recyclables on residential properties should be designed to effectuate collection of material in a safe and sanitary manner and should be sized to meet current industry standards for volumes and containers.
[1]
Editor's Note: See the definition of "SWMA" in Subsection E(3).
(2) 
Statutory authority for Subsection E. This subsection is adopted pursuant to P.L. 1987, c. 102 (effective April 20, 1987), N.J.S.A. 40:48-2, N.J.S.A. 40:66-1 and N.J.S.A. 40:49-2.1 and any amendments adopted thereto.
(3) 
Definitions. As used in this Subsection E, the following definitions shall apply:
ACT or SWMA
The Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., as amended and supplemented.
BURLINGTON COUNTY REGIONAL PROGRAM
The program utilized for the collection of those recyclable materials as designated by the Department of Solid Waste from residential curbside, participating multifamily and participating school collection programs.
CLASS A RECYCLABLE MATERIAL
Source-separated, nonputrescible, metal, glass, paper and plastic containers; and corrugated and other cardboard.
COMMINGLED
A combining of source-separated recyclable materials for the purpose of recycling.
COMMON AREA RECYCLING STORAGE LOCATION
A location designed in accordance with the Land Use Ordinances of this municipality as required for multifamily dwellings with more than 20 residential units where curbside collection is not provided under the Burlington County Regional Program.
CONDOMINIUM COMPLEX
A group of units, arranged horizontally or vertically, where the form of ownership of real property under a master deed provides for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit.
CORRUGATED AND OTHER CARDBOARD
All corrugated cardboard normally used for packing, mailing, shipping or containerizing goods, merchandise or other material, but excluding plastic, foam or wax-coated or soiled corrugated cardboard.
COUNTY
The Burlington County Board of Chosen Freeholders, and its successors and assigns, acting through the Burlington County Department of Solid Waste.
CURBSIDE DESIGNATED RECYCLABLES
Those designated recyclables that are placed for collection within the parameters of the curbside collection program as outlined herein.
CURBSIDE RECYCLING CONTAINER
A container(s) provided by the municipality or persons for the temporary storage of recyclable materials within the residential unit(s).
DEP or DEPARTMENT
The New Jersey Department of Environmental Protection.
DESIGNATED RECYCLABLE MATERIALS
Those recyclable materials to be source separated in this municipality, including but not limited to aluminum cans, antifreeze, consumer electronics, corrugated cardboard, fluorescent lights, glass containers, lead acid batteries, leaves, metal appliances, paper, plastic bottles (coded No. 1 and No. 2), rechargeable batteries, steel (tin) cans, textiles, tires and used motor oil.
DSW
The Burlington County Department of Solid Waste, its successors and assigns.
FIBER
All newspaper, fine paper, bond paper, junk mail, office paper, magazines, paperback books, school paper, catalogs, computer paper, telephone books, chipboard, corrugated and other cardboard and similar cellulosic material whether shredded or whole, but excluding wax paper, plastic or foil-coated paper, thermal fax paper, carbon paper, blueprint paper, food-contaminated paper, soiled paper and cardboard.
MOBILE HOME PARK
Any park, including a trailer park or camp, equipped to handle mobile homes sited on a year-round basis as defined in N.J.S.A. 2A:18-61.7 et seq.
MULTIFAMILY DWELLING
Any building or structure or complex of buildings or structures in which three or more dwelling units are rented or leased or offered for rental or lease for residential purposes; whether privately or publicly financed, except hotels, motels or other guesthouses serving transient or seasonal guests as those terms are defined under subsection (j) of section 3 of the Hotel and Multiple Dwelling Law, P.L.1967, c. 76 (N.J.S.A. 55:13A-1 et seq.) and N.J.S.A. 40:66-1.2 et seq.
MUNICIPALITY
The Township of Delanco located within the County of Burlington, State of New Jersey.
MUNICIPAL SOLID WASTE
Residential, commercial and institutional solid waste generated within a community.
PAPER
All newspaper, fine paper, bond paper, junk mail, office paper, magazines, paperback books, school paper, catalogs, computer paper, telephone books and similar cellulosic material whether shredded or whole, but excluding tissue and towel paper, wax paper, plastic or foil-coated paper, thermal fax paper, carbon paper, NCR paper, blueprint paper, food-contaminated or soiled paper.
PERSON
Any individual, firm, partnership, corporation, association, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality, other governmental agency of any other entity or any group of such persons, which is recognized by law as the subject of rights and duties.
QUALIFIED PRIVATE COMMUNITY
A residential condominium, cooperative or fee simple community or horizontal property regime, the residents of which do not receive any tax abatement or tax exemption related to its construction, comprised of a community trust or other trust device, condominium association, homeowners' association or council of co-owners, wherein the cost of maintaining roads and streets and providing essential services is paid for by a not-for-profit entity consisting exclusively of unit owners within the community. No apartment building or garden apartment complex owned by an individual or entity that receives monthly rental payments from tenants who occupy the premises shall be considered a qualified private community. No "proprietary campground facility," as defined in section 1 of P.L.1993, c.258 (N.J.S.A. 45:22A-49), shall be considered to be a qualified private community.
RECYCLABLE MATERIALS
Materials that would otherwise become solid waste that can be separated, collected and/or processed and returned to the economic mainstream in the form of raw materials or products.
RECYCLING
Any process by which materials, which would otherwise become solid waste, are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
RESIDENT
Any person residing within the municipality on a temporary or permanent basis, but excluding persons residing in hotels or motels.
SOLID WASTE
Garbage, refuse and other discarded materials, as defined in N.J.S.A. 13:1E-1 et seq. and N.J.S.A. 48:13A-1 et seq.
SOURCE SEPARATED
Recyclable materials separated from the solid waste stream at the point of generation.
SWMA
The New Jersey Solid Waste Management Act, as amended.[2]
[2]
Editor's Note: See N.J.S.A. 13:1E-1 et seq.
(4) 
Design standards.
(a) 
Design standards for common area recycling storage locations.
[1] 
In accordance with the municipal Recycling Ordinance located at Chapter 245, § 245-31 et seq., every multifamily, qualified private community and mobile home park within the Township of Delanco shall be required to provide, for the use of its residents, centralized and common locations on its property for the storage, prior to collection, of source-separated recyclables generated by the residents of the property.
[2] 
Each common area recycling storage location shall, at a minimum, conform to the following standards:
[a] 
The dimensions of the recycling storage location shall be sufficient to accommodate recycling containers which are of size and number as required by the DSW and which are consistent with current methods of collection utilized by the Burlington County Regional Program or the private collection company being utilized. The following tables indicate the minimum container capacity requirements for weekly recycling service and common container dimensions.
Minimum Container Capacity Requirements for Weekly Recycling Service
Dual Stream Collection
Fiber
(paper and cardboard)
Commingled
(bottles and cans)
Non-age-restricted complex
One cubic yard of capacity for every 15dwelling units
0.47 cubic yards (96 gallons) of capacity for every 18 dwelling units
Age-restricted complex
One cubic yard of capacity for every 20 dwelling units
0.47 cubic yards (96 gallons) of capacity for every 24 dwelling units
Single Stream Collection
Fiber and Commingled
--
Non-age restricted complex
2 cubic yards of capacity for every 20 units
--
Age-restricted complex
1.4 cubic yards of capacity for every 20 units
--
Common Container Dimensions
Size
(cubic yards)
Length
(inches)
Width
(inches)
Height
(inches)
1
72
24
29
2
72
34
45 (rear)/34 (front)
3
72
43
48 (rear)/40 (front)
4
72
51
56 (rear)/46 (front)
6
80
66
71 (rear)/47 (front)
8
80
71
86 (rear)/53 (front)
[b] 
Unless expressly prohibited by a municipality, or not feasible due to existing site constraints, recycling containers for all Class A designated recyclables shall be co-located at all solid waste collection areas within the complex.
[c] 
The recycling storage locations shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably co-located, but clearly separated from, refuse containers.
[d] 
Outdoor recycling storage locations shall include a concrete pad of the size as specified herein. The dimensions of the recycling storage location shall provide sufficient area for the required container(s).[3]
[3]
Editor's Note: The dimensions are shown on the Common Area Recycling Storage Location (Dual Stream) Detail included at the end of this chapter.
[e] 
The recycling storage locations shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling areas without interference from parked cars or other obstacles. The following turning template can be used to plan vehicular accessibility to recycling storage locations:
[f] 
Reasonable measures shall be taken to protect the recycling areas and the bins or containers placed therein against theft of recyclable materials or the bins or containers themselves.
[g] 
Signs as approved by the DSW clearly identifying the recycling areas and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas.
[h] 
Each recycling area shall be enclosed on three sides by a solid fence or masonry enclosure six feet in height and shall be surrounded by landscaping. A durable closable access gate on the fourth side should be provided.
(b) 
Recycling container storage design standards for new residential construction. In order to facilitate recycling in all new construction, and to avoid the creation of unhealthful or cramped storage situations, sufficient storage shall be available for recycling containers within all new construction of residential housing.
[1] 
Recycling storage locations. Curbside recycling container storage locations shall not include basements that require the negotiation of stairs, or any location either above or below finished grade. Locations shall be on a hard-wearing, smooth continuous surface with access to a path with a width no less than three feet and headroom of not less than seven feet.
[2] 
Single-family and two-family dwellings. Each residential dwelling unit shall be designed to provide a curbside recycling storage container storage location containing, at a minimum, dimensions (length by width by height) of no less than 36 inches by 32 inches by 84 inches per unit. The location shall be clearly marked as such on floor plans of the dwelling unit if to be located inside the dwelling unit. If to be located outside the dwelling unit, adequate storage space for the container shall be identified on the property survey. This shall be done at the time of subdivision approval, if applicable, or at the time of zoning or building permit application.
[3] 
Multifamily and condominium complex dwellings. Curbside recycling container storage locations shall be provided for each multifamily and condominium complex dwelling where common area recycling storage locations are not otherwise provided. Each multifamily and condominium complex dwelling unit shall be designed to provide a curbside recycling container storage location containing at a minimum, dimensions (length by width by height) of no less than 36 inches by 32 inches by 84 inches per unit. The location shall be clearly marked as such on floor plans of the dwelling unit if to be located inside the dwelling unit. If to be located outside the dwelling unit, adequate storage space for the container shall be identified on the site plans or subdivision plans.
(5) 
Construction. The terms and provisions of this Subsection E are to be liberally construed, so as best to achieve and to effectuate the goals and purposes hereof. This Subsection E shall be construed in pari materia with the SWMA and the County Plan.
No certificates of occupancy shall be given unless all construction and development conforms to the approved site plan as the same may have been formally revised by the approving authority.
A. 
The applicant shall submit to the Secretary at least 21 days prior to the public meeting of the Board 20 copies of the following: blue or black-on-white copies of the minor site plan; the standard development application form; the minor site plan checklist; any prospective covenants, deed restrictions and easements applying to the land being developed; the drainage calculations and soil erosion and any required sediment control data; along with the applicable fee and certification by the Tax Collector and Sewerage Authority that all property taxes and sewer taxes are paid to date. If the applicant is not the owner of the land, then all contractual agreements concerning its use shall be submitted.
B. 
If the application is found to be incomplete, the applicant shall be notified in writing within 45 days of submission of such application or it shall be deemed properly submitted.
C. 
Upon submission to the Secretary of a complete application, the Board shall grant or deny approval within 45 days of the date of submission or within such further time as may be consented to by the applicant. Failure of the Board to act within 45 days shall be deemed approval.
D. 
Approval of a minor site plan hereunder shall be subject to the procedures and rights afforded pursuant to N.J.S.A. 40:55D-46.1.
A. 
The applicant shall submit to the Secretary at least 21 days prior to the public meeting of the Board 20 copies of the following: blue or black-on-white copies of the preliminary site plan; the standard development application form; the preliminary site plan checklist; any prospective covenants, deed restrictions and easements applying to the land being developed; the drainage calculations and soil erosion and sediment control data; any required traffic, environmental or other study or report; along with the applicable fee and certification by the Tax Collector and Sewerage Authority that all property taxes and sewer taxes are paid to date. If the applicant is not the owner of the land, then all contractual agreements concerning its use shall be submitted.
B. 
If the application is found to be incomplete, the applicant shall be notified in writing within 45 days of submission of such application or it shall be deemed properly submitted.
C. 
If the Board requires any substantial amendment in the layout of improvements proposed by the applicant that has been subject of a hearing, an amended application for site development plan approval shall be submitted and proceeded upon, as in the case of the original application. The Board shall, if the proposed development complies, grant preliminary site development plan approval.
D. 
Preliminary plans shall be filed by the applicant whenever review or approval of an application is required by the Burlington County Planning Board. The Joint Land Use Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Burlington County Planning Board or approval by the Burlington County Planning Board by its failure to report thereon within the required time period.
E. 
Effect of preliminary approval. Preliminary approval of a site development plan shall, except as provided in Subsection F of this section, confer upon the applicant the following rights for a three-year period from the date of preliminary approval:
(1) 
That the general terms and conditions granted on which preliminary approval was granted shall not be changed, including but not limited to use requirements, layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site development plan, any requirements peculiar to the site development plan approval, except that nothing herein shall be construed to prevent Delanco from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
(2) 
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary site development plan.
(3) 
That the applicant may apply for and the approving Board may grant extensions of such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised herein, such revised standards may govern.
F. 
In the case of a site development plan for an area of 50 acres or more, the approving Board may grant the rights referred to herein for such period of time, longer than three years, as shall be determined by the approving Board to be reasonable taking into consideration:
(1) 
The number of dwelling units and nonresidential floor area permissible under preliminary approval;
(2) 
Economic conditions; and,
(3) 
The comprehensiveness of the development. The applicant may apply for thereafter and the Board may thereafter grant an extension to preliminary approval for such additional time period as shall be determined by the Board to be reasonable taking into consideration:
(a) 
The number of dwelling units and nonresidential floor area permissible under preliminary approval; and,
(b) 
The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; and
(c) 
Economic conditions; and
(d) 
The comprehensiveness of the development, provided that if the design standards have been revised,
A. 
The applicant shall submit to the Secretary at least 21 days prior to the public meeting of the Board 20 copies of the following: blue or black-on-white copies of the final site plan; the standard development application form; the final site plan checklist; along with the applicable fee and certification by the Tax Collector and Sewerage Authority that all property taxes and sewer taxes are paid to date. If the applicant is not the owner of the land, then all contractual agreements concerning its use shall be submitted.
B. 
If the application is found to be incomplete, the applicant shall be notified in writing within 45 days of submission of such application or it shall be deemed properly submitted.
C. 
The Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards in this chapter for:
(1) 
Final approval;
(2) 
The conditions for preliminary approval; and
(3) 
The standards prescribed by the Map Filing Law.
D. 
Upon submission to the Secretary of a complete application, the Board shall grant or deny approval within 45 days of the date of submission or within such further time as may be consented to by the applicant. Failure of the Board to act within 45 days shall constitute final approval. Whenever review or approval of the application by the Burlington County Planning Board is required, the Joint Land Use Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Burlington County Planning Board or approval thereon within the required time period.
E. 
Where the final approval contains conditions, if all conditions are not completed within 180 days from the date of final approval or within such additional time as the Board shall allow, final approval shall lapse.
F. 
Effect of final approval
(1) 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the applicant whether, conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted; provided that in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time periods provided herein. If the applicant has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required, the Board may extend such period of protection by extensions of one year but there shall not be more than three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.
(2) 
In the case of a subdivision for a planned development of 50 acres or more or major conventional subdivision or site development plan for 150 acres or more, the Board may grant the rights referred to herein for such period of time, longer than two years, as shall be determined by the Board to be reasonable taking into consideration:
(a) 
The number of dwelling units and nonresidential floor area permissible under final plan approval;
(b) 
Economic conditions; and
(c) 
The comprehensiveness of the development. The applicant may apply for thereafter, and the Board may thereafter grant, the extension of final approval for such addition period of time as shall be determined by the Board to be reasonable taking into consideration:
[1] 
The number of dwelling units and nonresidential floor area permissible under final plan approval;
[2] 
The number of dwelling units and nonresidential floor area remaining to be developed;
[3] 
Economic conditions; and
[4] 
The comprehensiveness of the development.
(3) 
Whenever the Joint Land Use Board grants an extension of final approval pursuant Subsection F(1) or (2) of this subsection and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(4) 
The Joint Land Use Board shall grant an extension of final approval for a period to be determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer provides to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before what would otherwise be the expiration date of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Joint Land Use Board from granting an extension according to Subsection F(1) or (2) of this subsection.
A. 
A Conditions binding. All conditions of any preliminary and final approval shall be binding upon all present and future owners, tenants, occupants, lessors, lessees, heirs, assignees, developers, contractors and subcontractors.
B. 
Failure to maintain. All persons receiving development approval for property or their successors in title shall be responsible for installing, maintaining and properly utilizing on-site, off-site and off-tract improvements required by the Board, including but not limited to, parking arrangements, buffer zones, drainage facilities, exterior lighting plans and other requirements of the Board as reflected on the plans and in the Board minutes. Failure of the property owner to install, maintain and/or utilize improvements as provided by the site plan approval shall constitute a violation of this chapter and shall be subject to enforcement procedures set forth herein.
No development application in which a plat is required shall be accepted unless such plat conforms to the following requirements as to form, content and accompanying information and complies with the provisions of N.J.S.A. 46-23.9.9 et seq. (Map Filing Law), as amended.[1] All plats shall be drawn by a land surveyor as required by law, licensed to practice in the State of New Jersey, and shall bear the signature, seal, license number and address of the land surveyor, except that sketch plats of minor subdivisions and minor site plans are exempt from this requirement. All drawings of improvements shall be signed and sealed by a licensed professional engineer of the State of New Jersey.
[1]
Editor's Note: N.J.S.A. 46:23-9.7 et seq. was repealed by L. 2011, c. 217, § 2, effective 5-1-2012. See now N.J.S.A. 46:26B-1 et seq.
[1]
Editor's Note: Former § 91-16, Minor site plan, as amended, was repealed 12-16-2013 by Ord. No. 2013-13.
All items required for a major site plan are as follows:
A. 
A staging plan for all development projects of 10 acres or larger.
B. 
Traffic impact study showing existing peak hours, road capacity, gap analysis and proposed improvements both on and off site.
The final site plan shall be drawn at a scale of no more than 50 feet to the inch and shall be prepared by a surveyor and an engineer licensed in the State of New Jersey. The final plat shall show or be accompanied by the following information:
A. 
All items required for a preliminary major site plan except that the information shown on the plans shall be in final form and with the accuracy required for a final plat.
B. 
A statement by the Board Engineer that he/she is in receipt of a map showing all utilities or extensions thereof in exact location and elevation, identifying those portions already installed and those to be installed.
C. 
One of the following:
(1) 
A statement from the Board Engineer that the applicant has installed all improvements in accordance with the requirements of these regulations and the conditions of preliminary approval.
(2) 
A statement from the Board Engineer that a performance guarantee in sufficient amount to assure the completion of all required improvements has been posted in favor of Delanco.
A. 
The Joint Land Use Board may waive any of the requirements or details specified to be shown on the site plan in any given application if the Joint Land Use Board determines that certain requirements or specifications are not necessary to be shown in order to ensure that said site plan conforms to the standards of good planning and will have no deleterious effect on the neighboring properties and indicates sufficient materials to assure adequate protection of the health, welfare and safety of the people of the Township of Delanco.
B. 
With the exception of single or multifamily dwelling units, any change of use, ownership, tenant fit-out or tenant alterations requiring a building permit within the Township of Delanco will require a new site plan review even though no building expansion is planned in conjunction with the change of use, ownership, tenant fit-out or tenant. alteration. The new site plan review shall assure that the existing facilities are adequate to handle any increased demands upon the site imposed by the change of use, ownership, tenant fit-out or tenant alteration. Notwithstanding the above, upon submittal of a complete application and review by the Administrator, Construction Code Official and Zoning Officer, a formal site plan review may be waived if the only change is that of ownership, tenant fit-out or tenant alteration unless they determine that a formal site plan review by the Joint Land Use Board is required. No waiver may be granted under this provision in any case where any new or additional Joint Land Use Board approval is required in connection with the site plan application.