A.
The purpose of this article is to establish a general
uniform set of performance and design standards to guide and assist
the Township and future developers in the preparation, submission
and review of all developmental proposals. The standards shall be
applicable to all site plans, subdivisions and other development applications
to come before an approving authority in the Township. These general
requirements are supplementary to the site plan and subdivision design
standards outlined elsewhere in this chapter and shall constitute
the minimum performance standards applicable to all future growth
and development in Stafford Township. In addition to the requirements
of this section, all development applications in the Pinelands Area
shall be bound by the Supplemental Pinelands Area Design and Development
Standards and Management Programs, as specified in the Stafford Township
Pinelands Area development requirements.[1] In addition to the requirements of this section, all development
applications for parcels proposing new or modified access to Route
72 shall be consistent with the Route 72 Access Management Plan adopted
by the Township Council on June 10, 1997, and as may be amended.
[Amended 6-10-1997 by Ord. No. 97-47]
B.
General requirements.
(1)
Minor modifications or changes in approved plans and
specifications may be effected only upon written approval of the Board
Engineer, but some changes may require further review and approval
of the Planning Board prior to making any changes.
(2)
Any application for development shall demonstrate
conformance to design standards that will encourage sound development
patterns within the Township. Where either an Official Map and/or
Master Plan have been adopted, the development shall conform to the
proposals and conditions shown thereon. The streets, school sites,
etc., shown on the officially adopted Master Plan shall be considered
in the approval of plats. 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 acceptable to the approving
authority. All improvements shall be installed and connected with
existing facilities or installed in required locations to enable future
connections with approved systems or contemplated systems and shall
be adequate to handle all present and probable future development.
(3)
Land which the approving authority finds to be in
areas identified in the Master Plan as having severe or moderate soil
characteristics, particularly the land related to flooding, improper
drainage, wetlands, adverse soil conditions, adverse topography, utility
casements or other features which can reasonably be expected to be
harmful to the health, safety and general welfare of the present or
future inhabitants of the development and/or its surrounding areas,
shall not be subdivided and site plans shall not be approved unless
adequate and acceptable methods are formulated by the developer to
solve the problems by methods meeting this chapter and all other regulations.
(4)
Whenever a development abuts or crosses a municipal
boundary, 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 community as the exception,
the approving authority may require documentation that such access
is legally established and that the access road is adequately improved.
(5)
No buildings shall be erected, no existing buildings
shall be enlarged or rebuilt nor shall any open space surrounding
any building be encroached upon or reduced in any manner except in
conformity with the yard, lot area and building location regulations
designated for the district or zone in which the building or open
space is located.
(6)
No lot shall be used in any zone nor shall any structure
be erected, altered or occupied for any purpose except as indicated
in each zone under permitted uses or conditional use permits, except
that model homes and sales homes shall be permitted as a matter of
right in all residential zones. Six model homes shall be permitted
for each development.
(7)
No subdivision or site plan approval may be given
unless each lot contained in the subdivision or site plan complies
with all the requirements of the zone in which the lot is located,
unless a variance is granted.
(8)
Each lot shall be provided with frontage on a street
in accordance with the schedule of requirements.
(9)
No lot shall have erected on it more than one residential
building, except as elsewhere permitted in this chapter.
C.
Blocks. Block length, width and acreage shall be sufficient
to accommodate the size lot required in the zoning district and to
provide for convenient access, circulation control and traffic safety.
Blocks over 1,000 feet long in residential areas shall be discouraged,
but where they are used, pedestrian crosswalks and/or bikeways between
lots may be required in locations deemed necessary by the approving
authority and shall be at least eight feet wide and be straight from
street to street. Blocks over 1,500 feet in residential areas shall
be prohibited unless access to adjoining properties is not feasible
due to prevailing physical characteristics or environmental reasons
or would not provide for the extension of any new future streets in
a logical, reasonable or practical fashion. For commercial and industrial
uses, block lengths shall be sufficient to meet area and yard requirements
for such uses and to provide proper street access and circulation
patterns. In all cases, wherever feasible in the opinion of the Planning
Board and Planning Board Engineer, all blocks shall be laid out in
a curvilinear configuration with tangent sections being no more straight
than 500 feet.
D.
Lots.
(1)
Lot dimensions and area shall not be less than the
requirements of the zoning provisions.
(2)
Insofar as is practical, side lot lines shall be either
at right angles or radial to street lines.
(3)
Each lot must front upon a public street, paved, with
a right-of-way of at least 50 feet, except as otherwise provided herein.
(4)
Where extra width has either been dedicated or anticipated
for widening of existing streets, zoning considerations shall begin
at such new street line, and all setbacks shall be measured from such
line.
(5)
Where two or more contiguous lots are under the same
ownership, regardless of whether or not each may have been approved
as a portion of a subdivision acquired by separate conveyance or by
other operation of law, and one or more of the lots does not conform
to the minimum area and/or dimension requirements for the zone in
which it is located, the contiguous lots shall be considered as a
single lot, and the provisions of this chapter shall apply.
(6)
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 Master Plan, and which lot
existed at the effective date of this chapter, the Construction Code
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.
(7)
Through lots with frontage on two streets will be
permitted only under the following conditions: where the length of
the lot between both streets is such that future division of the lot
into two lots is impractical and access shall be to the street with
the lower traffic function, and the portion of the lot abutting the
other street shall be clearly labeled on the plat and in any deed
that street access is prohibited.
(8)
Wherever deemed practical and feasible, all lots shall
be laid out in a curvilinear fashion, with lot lines being radial
to the curve.
(9)
In a subdivision abutting an expressway or arterial
road one of the following shall be required:
[Added 1-31-1989 by Ord. No. 89-10]
(a)
The frontage shall be reversed so that the lots
contiguous to such roadways will front on a street with a lower traffic
function with an additional lot depth or width of 50 feet as an easement
exclusively for buffering to be provided by the developer along the
arterial street;
(b)
A marginal service road shall be provided along
such arterial road and shall be separated from it by a raised/planting
island divider strip of at least 20 feet in width; or
(c)
Such other means of separating through and local
traffic and of providing a suitable buffer shall be provided as the
board of jurisdiction may determine to be appropriate.
E.
Bulkheading. All new developments on tidal lagoons,
navigable waterways or other bodies of water, whether such water bodies
are either existing or proposed, shall provide for bulkheading. All
new development on nontidal bodies of water, whether such water bodies
are either existing or proposed, shall provide for bulkheading or
other appropriate permanent bank stabilization acceptable to the Planning
Board. In no case shall bank slopes, bulkheads, ripraps, revetments
or other elements of bank stabilization be located within required
minimum yard areas.
A.
All site plans and subdivisions shall incorporate
soil erosion and sediment control programs phased according to the
scheduled progress of the development, including anticipated starting
and completion dates. The purpose is to control soil erosion and sediment
damages and related environmental damage by requiring adequate provisions
for surface water retention and drainage and for the protection of
exposed soil surfaces in order to promote the safety, public health,
convenience and general welfare of the community.
[Added 8-3-1999 by Ord. No. 99-38]
A.
In the event that an area that was formerly used for
agricultural purposes is to be developed as a residential site, a
new or expanded school site, a day-care center or a playground, a
sample of the soil must be tested for historical pesticides and, if
necessary, must be properly remediated prior to site development.
B.
Sampling must be conducted pursuant to the Department
of Environmental Protection's Sealed Sampling Procedure Manual and
analysis conducted by certified laboratories, pursuant to the technical
requirements for site remediation, N.J.A.C. 7:26E-2.
C.
Discreet samples should be taken at a depth of zero
to six inches within the agricultural fields. If the extent of the
foreign fields cannot be determined, the entire property must be sampled.
Sampling frequency is dependent on the size of the site. Sites less
than 10 acres must have one sample for every two acres, with a minimum
of two samples. Sites greater than 10 acres must add one sample for
every five acres.
D.
All soils tested must not contain pesticide contaminants
that exceed the Department of Environmental Protection's soil cleanup
criteria. All samples must be analyzed for arsenic and lead, and a
pesticide scan must be performed. All analytical results must be in
writing and must be submitted to the Planning Board prior to approval
of a site plan.
E.
If contamination is detected, the Department of Environmental
Protection must be contacted to oversee additional sampling and remedial
action.
[Added 6-13-2000 by Ord. No. 2000-44]
There will be no excavation to within three
feet of the seasonal high-water table, unless the excavation will
serve as a recreational or wildlife resource or a water reservoir
for public, agricultural or industrial uses or for any other use authorized
in the area in which the site is located; provided that in no case
shall excavation have a depth exceeding 65 feet below the natural
surface existing prior to excavation unless it can be demonstrated
that a depth greater than 65 feet will result in no significant adverse
impact relative to the proposed final use or on off-site areas.
A.
Minimum pond size: five acres.
B.
Any ponds created as a result of the extraction operation
shall have side slopes below the water level of 3 on 1 a minimum of
25 feet out from the edge of the water.
C.
A design for the maintenance of the basin shall be
provided, prepared by a New Jersey licensed engineer, for review and
approval by the Zoning Officer and the Township Engineer to assure
the viability of the pond. Said design will also be submitted to the
Environmental Commission for its comments.
[Amended 1-31-1989 by Ord. No. 89-10]
A.
Buffer areas, as defined in this chapter, shall be
developed in an aesthetic manner for the primary purpose of screening
views, providing physical separation and reducing noise and glare
beyond the buffer area. Buffer area widths shall be measured horizontally
and perpendicularly to lot and street lines. No structure, activity,
storage of materials or parking of vehicles shall be permitted in
a buffer area. The preservation of all desirable existing vegetation
in a buffer area shall be assured through sensitive grading and development
practices. 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 property being screened; the distance between the
use and the adjoining property or street; differences in elevation;
the type of buffer such as planting, berming, preservation of existing
vegetation, a wall, hedge or fence; buffer height; buffer width; and
other combinations of man-made and natural features. The buffer shall
be designed, planted, graded or developed with the general guideline
that the closer a use or activity is to a property line or the more
intense the use, the more effective the buffer must be in obscuring
light, vision and reducing noise beyond the lot.
B.
In the Highway Commercial Zone, there shall be a thirty-five
foot buffer area from the front property line and a fifteen-foot buffer
area from the side property line. The only improvements to be constructed
in this buffer area, other than landscaping, are to be those improvements
necessary to provide ingress and egress to the subject site.
[Amended 4-18-1989 by Ord. No. 89-31]
C.
In the Neighborhood Commercial and Local Business
Zones, there shall be a fifteen-foot buffer area from the front property
line and side property line; provided, however, that in regard to
those lots which front on a state highway, there shall be a twenty-five-foot
buffer area from the front property line. The only improvements to
be constructed in this buffer area, other than landscaping, are to
be those improvements necessary to provide ingress and egress to the
subject site.
[Amended 4-18-1989 by Ord. No. 89-31]
D.
In the Industrial Zone, lots having a depth of 300
feet or less shall have a forty-foot buffer area from the front property
line. This buffer area shall be increased to 50 feet when the lot
depth is greater than 300 feet. In addition, all lots shall have ten-foot
buffer areas from the side and rear property lines. The only improvements
to be constructed in these buffer areas, other than landscaping, are
to be those improvements necessary to provide ingress and egress to
the subject site.
[Added 2-19-1991 by Ord. No. 91-11[1]]
E.
In all other zones except residential, the minimum
front buffer area shall be 35 feet, the minimum side buffer area shall
be 15 feet and the minimum rear buffer area shall be 20 feet unless
otherwise provided herein.
[Amended 4-18-1989 by Ord. No. 89-31]
F.
In order to provide adequate buffering between uses
of differing classifications, a buffer area shall be provided in conjunction
with any nonresidential or higher density residential use abutting
a lot zoned or used for residential purposes. The minimum width of
such a buffer area shall be not less than 30 feet for a building or
group of buildings up to 20,000 square feet in area, except in the
HC Zone where it shall be no less than 50 feet. The width of the buffer
area shall be increased one foot for each 1,000 square feet or fraction
thereof if the building or group of buildings exceeds 20,000 square
feet, up to a maximum buffer area width of 100 feet; except that,
for light industrial uses, the minimum buffer width abutting a residential
district shall not be less than 100 feet.
G.
In residential subdivisions or site plans on any lot
which abuts an expressway, arterial road or Route 9, a buffer area
and additional lot depth or width of 50 feet shall be provided along
the property line common with the expressway, arterial road or Route
9. Said additional lot depth or width of 50 feet shall be in addition
to the requisite lot area, width, or depth in the applicable zone.
Building setbacks for lots affected by this section shall be measured
from the interior buffer line. No driveway access shall be permitted
from the expressway, arterial road or Route 9.
[Amended 12-3-2002 by Ord. No. 2002-94; 11-5-2007 by Ord. No. 2007-99]
[Amended 1-31-1989 by Ord. No. 89-10; 2-21-1989 by Ord. No.
89-15; 2-21-1989 by Ord. No. 89-21; 11-21-1989 by Ord. No. 89-66; 2-6-1990 by Ord. No. 90-9; 11-1-1990 by Ord. No. 90-62; 9-18-2001 by Ord. No. 2001-69; 12-6-2005 by Ord. No. 2005-105; 11-5-2007 by Ord. No. 2007-99; 5-4-2010 by Ord. No.
2010-16; 11-20-2018 by Ord. No. 2018-23; 12-11-2018 by Ord. No. 2018-29]
A.
General. All land subdivision and development shall comply with the
minimum landscape architectural standards set forth herein or provide
a more appropriate scheme relative to the specific aspects of a particular
site or development proposal with the approval of the board of jurisdiction.
The board of jurisdiction may require additional landscape development
beyond the standards set forth if necessary to provide appropriate
landscape development relative to the nature of the site and the development
thereof. All landscape development should be designed to enhance the
visual quality of the site and adjacent properties; provide safe vehicular
and pedestrian circulation; protect against potential natural and
man-made hazard; enhance the microclimate of areas for human activity;
and promote the protection of health, safety and welfare.
B.
Streetscape. Landscape architectural development of the streetscape
shall be provided in conjunction with all development, on all existing
and proposed roads upon which the site of development has or creates
frontage. Improvements consistent with one of the following streetscape
concepts, or an alternative concept of more appropriate design, shall
be provided:
(1)
Formal tree-lined avenue. This type of streetscape development is
appropriate for the majority of streets within the Township with the
exception of those areas which are addressed by one of the other two
concepts provided herein. The following standards shall apply:
(a)
Shade trees shall be provided along both sides of a street in the planting area provided between the street curb and the sidewalk as per § 130-66 and at a distance between trees of 30 feet to 50 feet, with trees which exhibit a narrow habit at a thirty-to-forty-foot spacing and trees which exhibit a spreading habit at a forty-to-fifty-foot spacing. (See Sketch No. 1.[1]) The trees shall be planted so as not to interfere with
utilities, roadways, sidewalks, street lights, sight distances and
driveway aprons and shall not be planted closer than eight feet to
fire hydrants.
[1]
Editor's Note: Sketch No. 1 is included as an attachment to this chapter.
(b)
All trees shall have a minimum size of three inches to 3.5 inches
caliper.
(c)
Subsequent or replacement plants shall conform to the type of
existing tree in a given area, provided that, if any deviation is
anticipated, it must be done only with the permission of the Township
Landscape Architect and/or Environmental Commission. In a newly planted
area, only one type of tree may be used on a given street, unless
otherwise specified by the Township Landscape Architect and/or Environmental
Commission.
(d)
Tree varieties which exhibit desirable characteristics, such
as full symmetrical form, deep nonevasive root system and tolerance
of potential drought and road salt, should be utilized.
(e)
Trees within a sight triangle or distance area shall be of sufficient
size to be pruned to a seven-foot branching height with one main stem
upon planting. Planting within a sight triangle or distance area must
be approved by the Township Engineer.
(2)
Informal street trees. This type of streetscape development is appropriate
along streets within areas of development with an informal character.
This type of treatment should occur in areas of development with meandering
curvilinear roads. The following standards shall apply:
(a)
Vary street tree varieties, spacing from the cartway (four feet
to 15 feet) and sizes (two inches to six inches caliper, averaging
three inches to 3.5 inches). Trees should be placed in an informal
pattern with varied spacing. Some areas will have clustered trees,
others may have an individual tree along a road. Planting design shall
accentuate views and integrate contrasting landscape elements. (See
Sketch No. 2.[2])
[2]
Editor's Note: Sketch No. 2 is included as an attachment to this chapter.
(b)
The total number of trees shall average one tree for every 50
linear feet of roadway on each side of the roadway.
(c)
If existing trees are preserved within 10 feet of the curb,
the requirements for additional street tree plantings may be reduced.
(d)
Trees within a sight triangle or distance area shall be of sufficient
size to be pruned to a seven-foot branching height with one main stem
upon planting. Planting within a sight triangle or distance area must
be approved by the Township Engineer.
(3)
Village streetscape. This type of streetscape development is appropriate
along streets within areas designated as villages by the Stafford
Township Historic Preservation Commission, i.e., Manahawkin, or as
required by the board of jurisdiction. The objective shall be to provide
street trees, paving, benches, lighting and other improvements to
provide an ample, well-defined, unified and distinct pedestrian corridor
along the streetscape. The following standards shall apply:
(a)
Provide street trees within the right-of-way in planting areas
of at least 90 square feet in surface area. An acceptable ground cover
or mass shrub planting shall be provided in all planting areas.
(b)
The quantity of trees shall be equivalent to one tree of three
inches to 3.5 inches caliper for every 40 feet of frontage.
(c)
If existing trees are preserved within 10 feet of the curb,
the requirements for additional street tree plantings may be reduced.
(d)
Trees within a sight triangle or distance area shall be of sufficient
size to be pruned to a seven-foot branching height with one main stem
upon planting. Planting within a sight triangle or distance area must
be approved by the Township Engineer.
(e)
A walkway within the right-of-way of a minimum clear width of
five feet shall be provided. In areas where site furnishings are provided,
the walk width shall be widened to accommodate these amenities. (See
Sketch No. 3.[3]) The walkway shall be constructed of a decorative pavement,
i.e., brick pavers, as approved by the board of jurisdiction. All
walks shall include ramps for handicap access at all street corners
or road crossings. The decorative paving shall be continued across
all ingress and egress drives as a crosswalk, providing a well-defined
continuous pedestrian walkway.
[3]
Editor's Note: Sketch No. 3 was repealed 11-20-2018 by Ord.
No. 2018-23.
(f)
Site furnishings such as period lighting, kiosks, bus shelters,
trash receptacles and flagpoles shall be provided as appropriate or
required by the board of jurisdiction. All site furnishings within
an individual village area shall be of a consistent or compatible
design style, color, material and location, subject to the approval
of the board of jurisdiction.
(g)
Signage within the village streetscape area shall be of a consistent
or compatible design style, color, material and location, subject
to the approval of the board of jurisdiction.
(h)
All overhead utilities should be relocated underground whenever
possible.
C.
Cul-de-sac and traffic islands. Cul-de-sac and traffic planting islands provide the opportunity to soften the harshness of large paved areas, create visual interest, increase groundwater recharge, screen headlight glare into residences and preserve valuable existing vegetation. Planted traffic control islands should be provided as necessary and appropriate to define vehicular or pedestrian circulation. The following standards address the planting of islands in the turnaround portion of cul-de-sac roads; provided, however, that there remains sufficient turning radius for fire-fighting equipment and other emergency equipment. For other islands, a landscape design consistent with the concepts presented herewith should be provided. Planting of islands within parking areas shall conform to the standards set forth in Subsection G of this section.
(1)
If possible, preserve the existing trees in the area of the proposed
island. Assure that the grading of the surrounding roadway is consistent
with the existing grade at the dripline of the trees and provide adequate
protection during construction. Limb all branches to a height of seven
feet and remove all vegetation which exhibits a canopy between 30
inches and seven feet. Provide an adequate ground cover planting as
necessary to completely cover all soil and discourage weed growth.
All planting must be designed to consider the level of expected maintenance
and provide a neat and clean appearance.
(2)
In areas void of existing stands of trees, planting similar to the
following concept should be provided: provide one specimen tree of
4 1/2 inches to five inches caliper or three specimen trees of
two and one-half (2 1/4) inches to three inches caliper for every
1,000 square feet of planting area with an adequate ground cover planting
as necessary to complexly cover all soil and discourage weed growth
at the time of planting. (See Sketch No. 4.[4]) All plant material must exhibit a mature canopy height under 30 inches or above seven feet with no more than three trunks in order to allow adequate visibility. All plants shall be tolerant of harsh, dry roadside conditions. All planting must be designed to consider the level of expected maintenance and provide a neat and clean appearance. Planting of islands within parking areas shall conform to the standards set forth in Subsection G of this section.
[4]
Editor's Note: Sketch No. 4 is included as an attachment to this chapter.
(3)
All planting within a sight triangle or distance area must be approved
by the Township Engineer.
(4)
Extensive unplanted stone or mulch beds shall not be provided.
D.
Stormwater management areas. Stormwater management areas include
bioretention systems, constructed stormwater wetlands, detention and
infiltration basins, drainage ditches and swales and wet ponds. Stormwater
management areas shall be designed in accordance with the New Jersey
Stormwater Best Management Practices Manual (BMP). Sensitively designed
basin and soils can be a visually pleasing benefit to the health,
welfare and safety of Stafford Township residents. The general design
concept of these areas should be to deemphasize their function creating
aesthetic landscape features.
(1)
The area shall be graded creatively to blend into the surrounding
landscape and the design of the site, i.e., provide an informal meandering
edge with varying slopes and gentle berming in locations emulating
a natural parkland.
(2)
Location of plantings within stormwater management areas shall be
as outlined within the New Jersey Stormwater Best Management Practices
Manual, Chapter 7, "Landscaping."
(3)
Stormwater management areas shall be planted with shade trees at
the rate of one tree for every 800 square feet of vegetated basin
area, excluding sand bottom. Of this quantity, 10% shall be 2.5 inches
to three inches caliper, 20% shall be 1.5 inches to two inches caliper
and 70% shall be eight-foot to ten-foot height whips. Additional shrub
and herbaceous plant material should be planted in accordance with
the New Jersey Stormwater Best Management Practices Manual, Chapter
7, "Landscaping." Special preference should be given to those species
of trees and plants which have known pollutant-removal abilities.
When other ornamental plants are used, they shall be types compatible
with the natural environment.
(4)
A complete planting plan for stormwater management areas shall be
submitted for review and approval of the Township Landscape Architect.
(5)
All plant materials shall be species indigenous to the area as per
New Jersey Stormwater Best Management Practices Manual, Chapter 7,
"Landscaping."
E.
Open space. As a landscape feature and asset, open space is encouraged
in all developments, even when not required. The objectives of the
landscape treatment of open space is to provide the opportunity and
space for active and passive recreation in all areas of human activity
and residence, to protect and enhance the Township's natural amenities
such as wooded areas, water bodies and streams and to retain or create
a visually pleasing image of Stafford Township. The following standards
shall apply:
(1)
Preservation open space. This type of open space is appropriate in
areas adjacent to and inclusive of natural amenities to be preserved,
such as wooded areas, water bodies, streams, wetlands, etc. This type
of open space shall be either deed restricted from future development
by conservation easements or dedicated to the Township or another
public or quasi-public agency or organization. The following standards
shall apply:
(a)
During the site planning process it is appropriate to preserve
valuable any unique natural amenities and designate them as preservation
open space.
(b)
It is appropriate to remove all undesirable debris and materials
from this area.
(c)
The provision of improvements such as pedestrian paths, picnic areas and planting may be required by the board of jurisdiction when appropriate to create a visually pleasing and beneficial environment. These areas shall be reforested to comply with the requirements of § 130-51H(3).
(2)
Recreational open space. Recreational open space includes lands provided
for active and passive recreation and as additions to existing recreational
open space. It can take on many forms, from a tot-lot or tennis and
swimming complex in a residential development, to an English landscape
garden in an office park development or an outdoor promenade or eating
pavilion in a commercial or industrial center. The landscape architectural
design of these areas shall address safety, visual interest, microclimate
and use. The following standards shall apply:
(a)
Site amenities and walkways shall be provided as required by
the board of jurisdiction. Suggested minimum improvements for residential
open space include a tot-lot (play structure with slide and a separate
swing set), seating and open lawn for field play. (See Sketch No.
8.[5]) Outdoor sitting and eating areas/plazas are appropriate
for commercial, office and manufacturing developments.
[5]
Editor's Note: Sketch No. 8 is included as an attachment to this chapter.
(b)
These areas shall be reforested to comply with the requirements of § 130-51H(3).
(c)
If a recreation area fronts onto a roadway, a post and rail
fence or other protective measures shall be integrated to provide
protection and separation.
F.
Buffers. Landscape buffers are planting, berms or grading and fences or walls provided within the landscape buffer area as designated in § 130-50, or as necessary, to visually soften or screen and enhance views and minimize or separate any adverse impacts or nuisances on a site from adjacent properties or roads. The designer and the board of jurisdiction should consider the dimension of a landscape buffer area, existing vegetation, structures and topography along with the intensity and type of land use involved relative to these standards to determine the appropriate landscape buffer. The board of jurisdiction may require a more or less significant landscape buffer if appropriate. The following standards are provided for particular types of buffer areas:
(1)
Nuisance landscape buffer. This type of landscape buffer is appropriate
in buffer areas provided between commercial or residential uses and
adjacent commercial or different residential uses or zones where a
continuous visual screen is appropriate. The following standards shall
apply:
(a)
All existing trees and valuable understory vegetation should
be preserved, and the plans must specify appropriate grading and tree
protection details to assure the preservation of the vegetation. The
plans must clearly indicate all vegetation to be preserved and removed.
If the board of jurisdiction deems it appropriate, supplemental planting
should be provided to provide a complete visual screen. Quantities
and types of supplemental plantings must respond to the deficiencies
of existing vegetation and complement the existing vegetation and
the overall design and must be indicated on the landscape plan. A
minimum height of eight feet to 10 feet for evergreen trees, two feet
to 2.5 feet for shrubs and a minimum caliper of 2.5 inches to three
inches for shade trees shall be specified for all supplemental plantings.
(See Sketch No. 9.[6])
[6]
Editor's Note: Sketch No. 9 is included as an attachment to this chapter.
(b)
Areas void of significant vegetation shall receive landscape
architectural treatment including planting, berming, fences or walls
as appropriate. Berms, fences or walls shall be provided at a height
of four feet to eight feet, or as necessary to provide a visual screen,
with the approval of the board of jurisdiction. The general design,
form and materials of fences, walls and berms should relate to the
overall design and the materials utilized for other structures on
the site and be aesthetically pleasing from all sides. Planting should
be provided in conjunction with berming, fencing or walls or may be
provided solely to provide a complete visual screen and visually interesting
and pleasing area. The following quantities and minimum size guidelines
are provided. If berms, fencing or walls are provided, a decreased
quantity of planting may be provided at the discretion of the board
of jurisdiction. For every 100 linear feet of buffer area, measured
at the longest line, the following must be provided:
Type
|
Quantity
|
Size
|
---|---|---|
Evergreen trees
|
12
|
8 feet to 10 feet in height
|
Shade trees
|
3
|
2.5 inches to 3 inches caliper
|
Ornamental trees
|
As required
|
6 to 7 feet in height one to 1 1/2 inches caliper
|
Shrubs
|
As required
|
2 to 2 1/2 feet in height
|
(2)
Filtered buffer. This type of landscape buffer is appropriate in
buffer areas or green space which is provided to soften the impact
of a land use yet still allow views beyond the buffer area. In particular,
this type of buffer shall be provided around the perimeter of all
parking areas, internal site access roads or lanes and the perimeter
of a site which abuts a lane, street, road, highway or an adjacent
site and a complete visual screen is not appropriate. A buffer shall
be provided to screen unsafe distractions such as glare from cars
and light standards; to provide a visually pleasing environment; and
to provide spatial definition to avoid confusion. The following standards
shall apply:
(a)
All existing trees and valuable understory vegetation should
be preserved, and the plans must specify appropriate grading and tree
protection details to assure the preservation of the vegetation. The
plans must clearly indicate all vegetation to be preserved and removed.
If the board of jurisdiction deems it appropriate, supplemental planting
should be provided to provide a filtered visual screen. Quantities
and types of supplemental plantings must respond to the deficiencies
of existing vegetation and complement the existing vegetation and
the overall design and must be indicated on the landscape plan. A
minimum height of six to eight feet for evergreen trees, two to 2.5
feet for shrubs, six to seven feet and one to 1.5 inches caliper for
ornamental trees and a minimum caliper of 2.5 to 3.0 inches for shade
trees shall be specified for all supplemental plantings.
(b)
Areas void of significant vegetation shall receive landscape
architectural treatment, including planting, berming, fences or walls
as appropriate. Berms, fences or walls should be provided at a height
of two to four feet as necessary to provide an appropriate buffer.
The general design, form and materials of fences, walls and berms
should relate to the overall design and the materials utilized for
other structures on the site and be aesthetically pleasing from all
sides. Planting should be provided in conjunction with berming, fencing
or walls or may be provided solely to provide an appropriate screen
and a visually interesting and pleasing area emphasizing appropriate
views. Parked vehicles shall be buffered as viewed from all areas
outside of the parking area. The following quantities and minimum
size guidelines are provided. If berms, fencing or walls are provided
a decreased quantity of planting may be provided at the discretion
of the board of jurisdiction. For every 100 linear feet of buffer
area, measured at the longest line, the following must be provided:
Type
|
Quantity
|
Size
|
---|---|---|
Evergreen trees
|
As required
|
6 to 8 feet in height
|
Shade trees
|
4
|
2.5 to 3.0 inches caliper
|
Ornamental trees
|
As required
|
6 to 7 feet in height 1 to 1 1/2 inches caliper
|
Shrubs
|
55
|
2 to 2 1/2 feet in height
|
(3)
Windbreak/heavy screening. This type of buffer is appropriate in buffer areas where the additional need of a windbreak to stop windborne debris from leaving a site is necessary or around objectionable facilities or utility structures where a dense complete visual screen is appropriate. This would include buffer areas around outdoor storage facilities, loading areas or solid waste disposal facilities (dumpsters) or when an undersized buffer area is provided and the standards specified in § 130-51F(1), Nuisance landscape buffer, are not sufficient at the discretion of the board of jurisdiction. The following standards shall apply:
(a)
Provide a fence, wall or planting which will create a dense
complete visual screen. The height of the fence, wall or planting
should be designed relative to the facility being screened and shall
be subject to the approval of the board of jurisdiction. The general
design, form and materials of fences or walls should relate to the
overall design and the materials utilized for other structures on
the site or the neighborhood and be aesthetically pleasing from all
sides. Planting should be included in conjunction with any fence or
wall.
(b)
If planting alone is provided, then a double staggered row of
dense evergreen plants shall be specified. The spacing between individual
plants shall be as necessary to provide a continuous hedge with plants
touching at the time of installation. The installed and mature height
of the plants must respond to the height of the area or facility being
screened and the views from adjacent areas and shall be subject to
the approval of the board of jurisdiction.
(c)
The plan submission should include an illustrative section drawing
demonstrating the effectiveness of the buffer.
(4)
Reverse frontage buffer. This type of buffer shall be required where
the rear yards of residential units and/or lots face or front on a
roadway and when any yard of a residential unit or lot faces or fronts
on an expressway, arterial roadway or Route 9. The following landscape
architectural treatment shall be provided to screen and separate private
residential spaces from the roadway.
(a)
The minimum width of the reverse frontage buffer shall be 50
feet.
(b)
All existing trees and valuable understory vegetation should
be preserved, and the plans must specify appropriate grading and tree
protection details to assure the preservation of the vegetation. The
plans must clearly indicate all vegetation to be preserved and removed.
If the board of jurisdiction deems it appropriate, supplemental planting,
berms or walls should be specified to provide a complete visual screen.
Quantities and types of supplemental plantings must respond to the
deficiencies of existing vegetation and complement the existing vegetation
and the overall design and must be indicated on the landscape plan.
A minimum height of eight feet to 10 feet for evergreen trees, two
feet to 2.5 feet for shrubs, six feet to seven feet, one inch to 1.5
inches caliper for ornamental trees, and a minimum caliper of 2.5
inches to three inches for shade trees shall be specified for all
supplemental plantings. The need for and the height and design of
supplemental berms or walls must respond to the deficiencies of existing
vegetation and the proximity of the residential unit to the road.
If the board of jurisdiction deems it appropriate berms or walls may
be required.
(c)
Areas void of significant vegetation shall receive landscape
architectural treatment, including planting, berming, fencing or walls
as appropriate. Berms, fences or walls shall be provided at a height
of three feet to eight feet averaging five feet or as necessary to
provide a visual screen at the discretion of the board of jurisdiction.
The general design, form and materials of fences, walls and berms
should relate to the overall design and the materials utilized for
other structures on the site and be aesthetically pleasing from all
sides. The sidewalk layout shall be integrated with the buffer and
the overall design and adjacent development when appropriate. Planting
should be provided in conjunction with berming, fencing or walls or
may be provided solely to provide a complete visual screen and visually
interesting and pleasing area. (See Sketch No. 10.[7]) The following quantities and minimum size guidelines
are provided. If berms, fencing or walls are provided, a decreased
quantity of planting may be provided at the discretion of the board
of jurisdiction. For every 100 linear feet of buffer area, measured
at the longest line, the following must be provided:
Type
|
Quantity
|
Size
|
---|---|---|
Evergreen trees
|
7
|
8 to 10 feet in height
|
Shade trees
|
5
|
2.5 to 3 inches caliper
|
Ornamental trees
|
1
|
6 to 7 feet in height 1 to 1 1/2 inches caliper
|
Shrubs
|
15
|
2 to 2 1/2 feet in height
|
[7]
Editor's Note: Sketch No. 10 is included as an attachment to this chapter.
G.
Parking areas. The landscape architectural treatment of all parking areas shall be designed to promote safe and convenient circulation; to limit vehicular/pedestrian conflicts; to limit paved areas; to provide shade and reduce heat island effects; and to soften the overall visual impact of parking areas. The design of all parking areas shall comply with the requirements of § 130-81. Off-street parking and loading areas, with landscape architectural treatment shall be provided as follows:
(1)
Shade trees within the parking area shall be provided at a minimum
rate of two trees for every 10 parking spaces. Preservation or relocation
of existing trees greater than four inches diameter at breast height
(dbh) is encouraged to meet this requirement. Landscape buffer area
plantings are not to be considered to satisfy this requirement. (See
Sketch No. 11.[8])
[8]
Editor's Note: Sketch No. 11 is included as an attachment to this chapter.
(2)
In the islands provided at the end of individual rows of parking
spaces between access roads or aisles, planting shall be provided
to buffer the view of parked cars, provide shade and cover the ground
plane. The use of excessive quantities of unplanted bark or stone
mulch shall be avoided.
(3)
Plant sizes shall be a minimum of 2.5 to 3.0 inches caliper and 13
to 15 feet in height for shade trees and two to 2.5 feet in height
for shrubs. The spacing of shrubs provided as a buffer shall be as
necessary to provide a continuous hedge or mass with plants touching
at the time of installation, and species shall include, but not be
limited to: euonymus alatus compactus; myrica pensylvanica; ilex glabra
compacta; or any other species approved by the Township Landscape
Architect.
(4)
Large parking areas shall be subdivided into modules as per § 130-81A(16). Separation of modules should be achieved by a landscape island of a minimum width of 10 feet Integration of pedestrian walkways within this island, aligned with building entrances or focal points, is encouraged and should be considered. (See Sketch No. 12.[9])
[9]
Editor's Note: Sketch No. 12 is included as an attachment to this chapter.
(5)
Pedestrian/vehicular conflicts shall be minimized through design,
yet, when necessary, clearly indicated by a change of vehicular and
pedestrian paving and plant materials. Integrated landscape islands
with walks in lieu of parking spaces shall be provided in front of
building entrances.
(6)
Parking lot lighting should be sited within landscape islands. Trees
shall not hinder safe lighting coverage. Tree varieties and light
photometrics and locations must be considered. Shade trees should
be used to reduce glare to adjacent properties, buildings and roadways.
(7)
Parking decks or structures shall receive landscape treatment which
softens the bulk and scale of the structures and screens the ground
level cars from the public roads and buildings. Deck level planting
shall be treated similarly to a parking lot on grade.
(8)
Where parking lot landscape islands are being used as water quality
areas, the landscape island should be designed to accommodate the
above-mentioned planting in conjunction with the water quality planting
outlined within the New Jersey Stormwater Rest Management Practices
Manual.
H.
Green space. The landscape plan or site plan for all site plan and
subdivision plan submissions shall address the planting of all green
space in accordance with the standards set forth herein or another
appropriate manner. In the site planning process, the provision and
landscaping of green space or planting areas should be considered
to enhance the visual quantity of a site and provide spatial or directional
definition as follows:
(1)
A planting area and planting around all buildings as appropriate
relative to the architecture, anticipated use and to limit pavement
to that necessary for access and appropriate use shall be provided.
(2)
To provide immediate buffering, visual relief, and scale for large
office, commercial, and industrial buildings (buildings of 10,000
square feet or larger) larger-size trees shall be provided near the
building perimeter (within 75 feet). The quantity of trees shall be
equal to one tree for every 100 feet of general building perimeter.
(a)
The tree size shall be based upon the height of the building
as follows:
Building Stories
|
Tree Size
(caliper in inches)
|
---|---|
1 to 2
|
2.5 to 3.0
|
3
|
3.0 to 3.5
|
4 to 6
|
3.5 to 4.0
|
(b)
These trees shall be located in a manner consistent with architectural
and site design and shall provide maximum visual impact. Preserved
or relocated existing vegetation may be utilized to meet this requirement.
(3)
In all developments, trees shall be planted throughout a site at
a rate of one tree per 5,000 square feet of upland lot area or fraction
thereof. Of this quantity, 60% shall be shade trees at a minimum size
of 2.5 to 3.0 inches caliper and/or evergreen trees at 10 to 12 feet
in height, and 40% shall be shade trees a minimum size of two to 2.5
inches caliper and/or evergreen trees at six to eight feet in height.
Existing, mature upland forest [containing a predominance of four
inches in diameter at breast height (dbh) at the approval of the Township
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. Only upland areas and existing
trees which are located on the property being developed shall be considered
for this requirement; trees within the right-of-way also are not to
be considered. Plantings proposed to address other ordinance requirements
may be credited toward the total number of trees required by this
section, with the exception of the street tree requirements. An accurate
limit of existing 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 Township Landscape
Architect for review and approval prior to preliminary approval.
In residential developments, besides the screening and street trees required, additional plantings or landscaping elements shall be required throughout the subdivision or site development for climate control, privacy or for aesthetic reasons in accordance with a planting plan approved by the board of jurisdiction. Planting sizes shall be in accordance with the provisions of § 130-51F(1)(b).
|
(4)
In nonresidential developments, all areas of the site not occupied by buildings and required improvements shall be appropriately landscaped with grading and planting of grass or other ground cover, shrubs and trees as part of the landscape plan approved by the board of jurisdiction. Planting of trees along streets and in front yard areas shall be provided as required by ordinance and as necessary to create a harmonious, pleasant view from all roads. The use of extensive unplanted stone or bark mulch beds shall be avoided. Planting sizes shall be in accordance with the provisions of § 130-51F(1)(b).
I.
Pedestrian spaces. All site plan and subdivision plans shall address
pedestrian spaces and circulation. The objectives shall be to promote
free and safe movement of pedestrians and bicycles into, in between
and through the proposed and existing facilities and to provide pleasant
pedestrian spaces at building entrances and nodes. The following standards
shall apply:
(1)
Pedestrian and bicycle access shall be provided from public roadways,
parking lots and adjacent land uses where appropriate.
(2)
The layout of pedestrian walkways shall be consistent with the overall
design. In natural landscapes, walkways shall meander through plantings
and berms. Formal landscapes may require long straight walkways. The
views of pedestrians shall be visually interesting.
(3)
Benches and sitting areas along pathways shall be provided where
appropriate and particularly where they can incorporate or provide
views of a significant landscape feature, recreational facility or
interesting site design of the project.
(4)
Connections to open space areas and facilities on adjacent properties
shall be provided. Pedestrian easements between lots with a paved
walkway may be required.
(5)
Pedestrian bridges over streams, ravines or drainage swales shall
be required when necessary to make connections in pedestrian system(s).
They are subject to all regulatory agency permit requirements.
(6)
Pedestrian amenities such as kiosks, water fountains, pedestrian
scale lighting and gazebos shall be provided where appropriate.
(7)
Bicycle parking for each building and adequate space for bicycle
movements shall be provided.
(8)
Building entrances, plazas, exterior malls, promenades and nodes
shall receive detailed pedestrian scale landscape architectural treatments.
Pedestrian/vehicular conflicts shall be avoided through design. Building
entrances shall be delineated by planting islands within the parking
area. Plantings shall include shade trees, evergreen and ornamental
trees and shrubs, as appropriate. The planting design shall provide
visual variety and interest, spatial enclosure and separation from
parking areas and protection from sun and wind. Sitting areas with
benches or seat walls shall be provided as appropriate. (See Sketch
No. 13.[10]
[10]
Editor's Note: Sketch No. 13 is included as an attachment to this chapter.
J.
Amenities/resources. All land development plans shall identify and locate potential historical resources and natural amenities such as specimen trees (as defined in § 130-53), bodies of water, streams, wetlands, windbreaks, groves of trees, hedgerows, orchards, unique vistas, old or unique structures, farmsteads, villages and historic structures, and landmarks. During the site planning process the designer shall attempt to preserve and enhance these features for present and future residents as follows:
(1)
The architectural, site plan and landscape architectural design shall
utilize these amenities for design themes, preserving their heritage
and enhancing their significance.
(2)
Utilize the uniqueness of the existing specimen trees, bodies of
water, groves of trees, hedgerows, historic structures and landmarks
and farmsteads within the site plan as features and focal points.
K.
Maintenance. Maintenance of landscape areas is a crucial part of
any land development and must be addressed for all non-fee-simple
residential development and all commercial development. Specifications
for the perpetual maintenance of all outdoor areas on a site to assure
a safe and attractive environment and to promote healthy growth of
all plant materials shall be provided. This may take the form of a
monthly schedule or a categorized guideline on the plans or in a separate
document. The following areas shall be addressed: inspection, debris
and weed control, irrigation, mulching, seasonal plantings, mowing
of turf and wildflowers, pruning, fertilizer and amendments, insect
and disease control, planting renovation, landscape structures, lighting
and paved surfaces.
L.
Underground automatic sprinkler systems. All new commercial development requiring either major site plan or minor site plan approval must install an automatic sprinkler system connected to a private well. The underground automatic sprinkler system shall be required to meet the standards and requirements of Chapter 208 of the Township Code entitled, "Water Conservation."
A.
An owner or developer shall remove only such trees,
vegetation and underbrush as is necessary to construct and install
the structure and improvements authorized by the Planning Board or
Board of Adjustment. All sites should be developed, to the extent
possible, in a manner which will result in the least amount of disturbance
to the natural site. If final site plan or subdivision approval has
not been granted by the Planning Board or Board of Adjustment, the
owner or developer shall not remove or disturb any existing tree,
vegetation and/or underbrush on the site, or in any other manner clear
the site, until such final approval has been granted and any necessary
zoning permits have been issued.
[Amended 11-5-2007 by Ord. No. 2007-99]
B.
A developer may be permitted to perform selective
clearing to remove dead or damaged trees, underbrush and undesirable
vegetation. The areas and extent of selective clearing must be clearly
indicated on the plan of the development and/or the grading and landscape
plan. All selective clearing must be approved by the Township Landscape
Architect or Zoning Officer prior to the commencement of any clearing.
The site boundaries and limits of proposed improvements must be accurately
staked out on the site for this review and approval.
[Amended 1-31-1989 by Ord. No. 89-10]
C.
Where selective clearing is to occur in a required
buffer area of a site or major subdivision, the developer shall be
required to maintain a screening buffer in accordance with the buffer
and landscape requirements as set forth in the Development Ordinance
and shall be required to replace any planting removed in the course
of selective clearing operations which is required as part of the
buffer.
D.
All selective clearing operations shall be performed
in strict accordance with the New Jersey Stormwater Best Management
Practices Manual, Chapter 2, "Low Impact Development Techniques,"
as well as all applicable state, federal and local regulations. All
cleared material, including but not limited to trees, branches, stumps,
brush, refuse and other deleterious matter, shall be removed from
the site and disposal of in a sanitary landfill licensed by the State
of New Jersey to accept such waste.
[Amended 12-6-2005 by Ord. No. 2005-105]
A.
SPECIMEN TREES
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The largest known individual trees of each species in the
State of New Jersey. The New Jersey Department of Environmental Protection,
Bureau of Forestry, maintains a list of such trees, which is incorporated
herein by reference, or any trees which are equal to or larger than
said listed trees; also, any trees so designated by the Stafford Environmental
Commission.
B.
Statement of legislative policy. Specimen trees are
an irreplaceable scientific and scenic resource. Often these trees
have also been associated with historical events. As such, it is the
declared legislative policy of Stafford Township to preserve and protect
specimen trees.
C.
Development interfering with specimen trees prohibited.
All development is prohibited that would significantly reduce the
amount of light reaching the crown of a specimen tree, alter the drainage
patterns within the site where the specimen tree is located, adversely
affect the quality of water reaching the site where the specimen tree
is located, cause erosion or the depositing of material in or directly
adjacent to the specimen tree or otherwise injure the specimen tree.
The site of the specimen tree extends to the outer limit of the buffer
area to avoid adverse impact or 50 feet from the tree, whichever is
greater.
D.
Enforcement. The Zoning Officer of the Township of
Stafford or his designee shall be the enforcement officer charged
with the administration and enforcement of this section.
A.
The purposes of the following floodplain regulations
are to implement the land use rules and regulations promulgated by
the New Jersey Department of Environmental Protection for floodways
and the flood-fringe portion of a flood hazard area, to discourage
construction and regrading in flood hazard areas, to prevent encroachments
into flood hazard areas which would obstruct or constrict the area
through which water must pass and to prevent pollution of watercourses
during low- or high-water periods by preventing the placing or storing
of unsanitary or dangerous substances in the flood hazard areas.
B.
The flood hazard design elevation shall be determined
on an individual basis upon stream encroachment line data from the
Division of Water Resources or, in the absence of that data, the flood
elevation based on a one-hundred-year storm frequency. One or the
other shall be delineated on the plat. In addition, the Planning Board
Engineer may, upon receipt of the application and with the consent
of the landowner and at the landowner's expense, determine the precise
location of a floodway and flood-fringe area by close inspection,
field survey or other appropriate method and cause, if requested,
the same to be marked on the ground and on the plat and notify the
owner, the New Jersey Department of Environmental Protection, Division
of Water Resources, and the approving authority. The assistance of
the United States Department of Agriculture, Soil Conservation Service,
United States Army Corps of Engineers and the New Jersey Department
of Environmental Protection, Division of Water Resources, may be sought
to aid in delineating the flood hazard design elevation, except that,
where state and federal agencies shall subsequently publish any reports
which delineate the flood hazard design elevation of a watercourse,
the report shall be the officially delineated flood hazard area as
if the report were published in this chapter.
[Amended 12-20-1988 by Ord. No. 88-95]
C.
Any lot containing a floodway portion of a drainage
course and on which it is proposed to regrade and/or construct an
improvement shall not be permitted unless the proposed use is permitted
by this chapter, plat approval has been granted and a floodway permit
has been issued by the New Jersey Department of Environmental Protection,
Division of Water Resources, where required by the state.
D.
Any lot containing a flood-fringe portion of the flood
hazard area and on which it is proposed to regrade and/or construct
an improvement shall not be permitted unless the proposed use is permitted
by this chapter and until plat approval has been granted.
E.
The procedure for reviewing any proposed regrading
and/or construction shall be the same as set forth for plat review.
No application shall be approved and no permit granted until all zoning
violations have either been corrected or a variance granted.
F.
Regulation of the flood-fringe portion of the flood
hazard area shall be consistent in the approving authority's determination
with the criteria and standards promulgated by the New Jersey Department
of Environmental Protection governing the flood-fringe area.
G.
The applicant shall submit maps, reports and other
appropriate documents permitting the approving authority to evaluate
whether the proposal has an inherent low flood damage potential, does
not obstruct flood flows or increase flood heights and/or velocities,
does not affect adversely the water-carrying capacity of any delineated
floodway and/or channel, does not increase local runoff and erosion,
does not unduly stress the natural environment of the floodplain or
degrade the quality of surface water or the quality and quantity of
groundwaters, does not require channel modification or relocation,
does not require fill or the erection of structures and does not include
the storage of equipment and materials.
H.
Where a development is traversed by a watercourse,
surface or underground drainageway or drainage system, channel or
stream, there shall be provided and dedicated a drainage right-of-way
easement to the municipality conforming substantially to the lines
of such watercourse and such further width or construction, or both,
as will be adequate to accommodate expected stormwater runoff in the
future, based upon reasonable growth potential in the municipality.
The minimum width of easement for channel sections shall be the maximum
design top width of the channel section segment plus 20 feet, rounded
to the next-highest five-foot increment. However, if the floodway
is not ascertainable for a stream or open channel, the width of the
drainage easement shall extend 50 feet beyond the top of the bank
on both sides of the drainage course.
A.
Easements along rear property lines or elsewhere for
utility installation may be required but are discouraged. Such easements
shall be at least 20 feet wide for one utility and five additional
feet, if practical, for each additional utility and shall be located
in consultation with the companies, municipal department concerned
or other jurisdictional agencies and, to the fullest extent possible,
be centered on or adjacent to rear or side lot lines.
B.
Floodplains and conservation easements shall be indicated
on the preliminary and final plats and shall be shown in such a manner
that their boundaries can be accurately determined.
C.
The removal of trees and ground cover shall be prohibited
in a conservation easement or floodplain easement, except for the
following purposes: the removal of dead or diseased trees; limited
thinning of trees and growth to encourage the most desirable growth;
the removal of trees to allow for structures designed to impound water
or in areas to be flooded in the creation of ponds or lakes; or approved
conservation plans by the Soil Conservation District.
D.
Such easement dedication shall be expressed on the
plat as follows: the type of easement granted to the Township of Stafford
and the appropriate agency.
A.
The developer shall make application for review and
obtain the necessary final approval from the Stafford Township Water
and Sewer Utility Department and county and state regulatory agencies
having jurisdiction. The entire system shall be designed in accordance
with the jurisdictional utility and/or state agency having approval
authority and shall be subject to its approval.
[Amended 11-20-2007 by Ord. No. 2007-110]
B.
Where public water and/or sanitary sewers are not
available, a potable water supply shall be provided to each lot on
an individual well basis, and sanitary disposal shall be provided
to each lot with an individual septic system. Such wells and septic
systems shall be designed in accordance with the requirements and
standards of the local, county and/or state agencies having jurisdiction
thereof. However, in any event, a determination must be received,
in writing, from the Stafford Township Water and Sewer Utility Department
as to whether a comprehensive dry water system and dry sewer system
shall be required.
[Amended 11-20-2007 by Ord. No. 2007-110]
C.
Provisions shall be made in all major subdivisions
for the installation of fire hydrants in those locations as recommended
by the Stafford Township Volunteer Fire Company. All hydrants shall
conform to the standard hydrant as accepted by the Township of Stafford,
which shall conform to all current National Fire Protection Code Requirements.
Fire hydrants shall be painted black until they become operational,
at which time they shall be painted red.
D.
All development that utilizes wet ponds for stormwater detention/retention purposes shall be required to utilize the water supply in said wet pond for lawn irrigation, if proposed. (See also § 130-77J.)
[Added 9-17-2002 by Ord. No. 2002-80]
E.
Whenever an application is made for minor subdivision
approval and/or major subdivision approval pertaining to new residential
and/or nonresidential purposes, each applicant shall provide on each
new lot for the utilization of private wells for irrigation and all
other nonpotable water utilization purposes. The requirement that
minor subdivision applicants and major subdivision applicants for
new residential and/or nonresidential development purposes provide
for the utilization of private wells for irrigation and nonpotable
purposes shall not be construed to prohibit new or existing residential
or nonresidential properties from utilizing the public water system
for irrigation or nonpotable purposes. No cross-connections between
the public water system and a private well source shall be created,
implemented or used. Any person, firm or corporation who creates,
implements or uses a cross-connection between the public water system
and a private well source shall be in violation of this subsection
and shall not be eligible for minor subdivision approval or major
subdivision approval from the Planning Board.
[Added 11-20-2007 by Ord. No. 2007-110]
A.
All municipal utility services and public services
shall be connected to an approved municipal utility system and/or
public utility system where one exists.
B.
The developer shall arrange with the servicing utilities
for the underground installation of utility distribution supply lines
and service connections in accordance with the provisions of the rules
and regulations of that utility and any applicable standard terms
and conditions incorporated as part of its tariffs as the same are
then on file with the State of New Jersey Board of Public Utility
Commissioners.
C.
The developer shall submit to the approving authority,
prior to the granting of final approval, a written instrument from
each serving utility, which shall evidence full compliance or intended
full compliance with the provisions of this section; provided, however,
that lots which abut existing streets where overhead electric or telephone
distribution supply lines and service connections have theretofore
been installed may be supplied with electric and telephone service
utilities from such overhead lines. In the case of existing overhead
utilities, should a road widening or an extension of service or other
such condition occur as a result of the development and necessitate
the replacement, relocation or extension of such utilities, such replacement,
relocation or extension shall be underground.
D.
Any installation, except streetlighting, to be performed
by a servicing utility shall be exempt from requiring performance
guaranties but shall be certified by the servicing utility, in writing,
that all improvements have been satisfactorily constructed. The certification
shall be provided prior to release of the performance bond. The installation
of all utilities, including streetlighting, shall be the sole cost
of the developer as per ordinances of the Township of Stafford.
E.
On-site public utility uses necessary to supply needed
services to the occupants of the proposed development, excluding switching
stations, substations or storage facilities of any nature which must
be provided above ground, may be permitted as a conditional use in
those zones specified, provided that the use and/or structures shall
adhere to the minimum standards of the particular zone and the following;
(1)
A statement is submitted setting forth the reasons
that the proposed installation must be provided above ground in a
specific location and why it is necessary and convenient for the efficiency
of the public utility system or for the satisfactory and convenient
provision of service by the utility to the neighborhood or area in
which the particular use is to be located.
(2)
The design of any building in connection with such
facility conforms to the general character of the area and will not
adversely affect the safe and comfortable enjoyment of property rights
of the zone in which it is located.
(3)
Adequate and attractive fences and other safety devices
will be provided.
(4)
Sufficient landscaping, including shrubs, trees and lawn, are provided and will be periodically maintained. Landscaping shall conform to § 130-51F(3) of this chapter.
[Amended 1-31-1989 by Ord. No. 89-10]
F.
All electric, telephone, television and other communication
facilities, both main and service lines servicing new developments,
shall be provided by underground wiring within easements or dedicated
public rights-of-way, installed in accordance with the prevailing
standards and practices of the utility or other companies providing
such services.
[Added 10-18-1988 by Ord. No. 88-83]
G.
Lots which abut existing easements or public rights-of-way
where overhead electric or telephone distribution supply lines and
service connections have heretofore been installed may be supplied
with electric and telephone service from those overhead lines, but
the service connections from the utilities' overhead lines shall be
installed underground. In the case of existing overhead utilities,
should a road widening or an extension of service or other such condition
occur as a result of the subdivision and necessitate the replacement
or relocation of such utilities, such replacement or relocation shall
be underground.
[Added 10-18-1988 by Ord. No. 88-83]
H.
Where overhead lines are permitted as the exception,
the placement and alignment of poles shall be designed to lessen the
visual impact of overhead lines as follows:
[Added 10-18-1988 by Ord. No. 88-83]
(1)
Alignments and pole locations shall be carefully routed
to avoid locations along horizons.
(2)
Clearing swaths through treed areas shall be avoided
by selective cutting and a staggered alignment.
(3)
Trees shall be planted in open areas and at key locations
to minimize the view of the poles and the alignments.
(4)
Alignments shall follow rear lot lines and other alignments.
I.
Year-round screening.
[Added 10-18-1988 by Ord. No. 88-83; repealed 1-31-1989 by Ord. No. 89-10]
J.
Utility areas shall be planted with grass, ground
cover or treated with other suitable cover material.
[Added 6-24-1997 by Ord. No. 97-51]
A.
Wherever a central water supply system services a
development, provision shall be made for fire hydrants along streets
and/or on the walls of nonresidential structures as approved by the
Fire Commissioners or Board and in accordance with fire insurance
rating organization standards.
B.
Where streams or ponds exist or are proposed on lands
to be developed, facilities shall be provided to draft water for fire-fighting
purposes. This shall include access to a public street suitable for
use by firefighting equipment and construction of or improvements
to ponds, dams or similar on-site or off-site development, where feasible.
Such facilities shall be constructed to the satisfaction of the Board
Engineer and Fire Department and in accordance with fire insurance
organization standards.
C.
All major site plans and major subdivisions, including
cluster developments and multifamily developments, where permitted,
shall be reviewed by the Stafford Township Fire Marshal. The applicant
shall submit to the Fire Marshal or other appropriate fire officials
complete plans of the proposed development and shall obtain from the
Fire Marshal or appropriate fire official written comments as to what
items shall be incorporated in the design of the proposed development
to allow, at all times, adequate access for firefighting and emergency
vehicles. The applicant shall incorporate in the site development
all firesafety and fire-protection devices and provisions as required
by the Stafford Township Fire Marshal or the appropriate fire official.
In the case of all major site plans, fire hydrants conforming to the
spacing and recommendations of either the National Fire Protection
Association or the Stafford Township Fire Marshal or appropriate fire
official shall be provided on the site plan and shall be a specific
requirement of the Township of Stafford.
A homeowners' association may be established
for the purposes of owning and assuming maintenance responsibilities
for the common open space and common property designed within a development,
provided that the approving authority 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 interest 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 municipality(ies)
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.
E.
The articles of incorporation, covenants, bylaws,
model deeds and other legal instruments shall ensure that control
of the organization shall be transferred to the members based on a
percentage of the dwelling units sold and/or occupied and shall clearly
indicate that, in the event that such organization shall fail to maintain
the common open space or common property 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 in reasonable condition, and the notice shall include a demand
that such deficiencies of maintenance be cured within 35 days thereof
and shall state the date and place of a hearing thereon, which shall
be held within 15 days of the notice. At such hearing, the designated
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. If the deficiencies set forth in the original notice or
in the modifications thereof shall not be cured within 35 days or
any permitted extension thereof, the Township, in order to preserve
the common open space and common property and maintain the same for
a period of one year, may enter upon and maintain such land. The entry
and maintenance shall not vest in the public any rights to use the
common space and common property, except when the same is voluntarily
dedicated to the public by the owners. Before the expiration of the
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, 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 Township shall not, at the election of the
Township, continue for a succeeding year. If the Township shall determine
that such organization is ready and able to maintain the open space
and property in reasonable condition, the Township shall cease to
maintain the open space and property at the end of the year. If the
Township shall determine that such organization is not ready and able
to maintain the open space and property in a reasonable condition,
the Township may, in its discretion, continue to maintain the open
space and property 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 common
property, in accordance with the assessed value at the time of imposition
of the lien, and shall become a lien and tax on the properties and
be added to and be a part of the taxes to be levied and assessed thereon
and enforced and collected with interest in the same offices and in
the same manner as other taxes.
G.
The homeowners' association shall, on or before July
1 of each and every year, furnish the Township Council with an annual
report, including but not limited to the present disposition of all
common areas and park areas owned, operated and maintained by the
association. The report shall also include a list of current officers,
their addresses and telephone numbers. The report shall contain a
list of emergency telephone numbers at which one or more officers
of the association can be reached by a Township official during any
twenty-four-hour period.
[Added 10-18-1988 by Ord. No. 88-76]
A.
The Township is a community of lakes and streams in
a natural setting, and their preservation constitutes a cornerstone
of the development plan for the Township in general. The approving
authority, in ruling on a development plan application, shall take
into consideration the effect which the proposed development will
have on the lake and stream systems maintained in the Township and
determine that no adverse effect leading to the destruction of the
lakes and streams within the community or the geological or natural
systems upon which the existence of the lakes and streams really will
occur.
B.
An applicant for development plan approval shall address
in his application the effect which the proposal will have on lakes,
ponds and streams either on the applicant's site, within 200 feet
of the applicant's site or into which storm surface water drainage
may be expected to flow. In particular, the applicant shall provide
documentation that the proposed development:
(1)
Adverse impact: would not have an adverse effect
on the ecosystem, geological or other natural systems of the lake,
stream, pond and adjoining shorelines.
(2)
Conflicting uses: clearly establishes the proposed
uses which are contemplated for the lakes, ponds and streams to assure
that conflicting uses will not destroy the character and value of
the lakes, ponds and streams.
(3)
Downstream: will not have an adverse effect
in changing water quality or changing stream flow characteristics
to the detriment of downstream property owners and interests.
(4)
Maintenance of proposed water levels: will not
adversely affect the ability to maintain proper water level for existing
lakes and ponds affected by applicant's proposal. In evaluating this
proposal, it should be noted that pond levels be maintained at a six-foot
to seven-foot depth.
(5)
Thermal stratification: will not create adverse
conditions as a result of thermal stratification. In the event that
adverse conditions are created, the applicant may be required to provide
artificial aeration and agitation.
(6)
Situation: shall adequately provide for prevention
of adverse siltation conditions in the development through the use
of approved soil erosion and sediment control methods.
(7)
Water quality: shall maintain proper water quality
through the elimination of contamination.
(8)
Eutrophication: shall adequately provide for
the control of organic pollution resulting from man's activities (i.e.,
fertilizers, detergents or sewage).
A.
Electricity. Electronic equipment shall be shielded
so that there is no interference with any radio or television reception
beyond the operator's property as the result of the operation of such
equipment.
B.
Glare. No use shall direct or reflect a steady or flashing light beyond its lot lines. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered and directed as approved on the site plan so that any glare, direct light, flashes or reflection will not interfere with the normal use of nearby properties, dwelling units and streets. Also see § 130-84, Lighting, in this chapter.
[Amended 12-20-1988 by Ord. No. 88-95]
C.
Heat. Sources of heat, including but not limited to
steam, gases, vapors or products of combustion or chemical reaction,
shall not discharge onto or directly contact structures, plant life
or animal life on neighboring uses or impair the function or operation
of a neighboring use. No use, occupation, activity, operation or device
shall cause an increase in ambient temperature, as measured on the
boundary between neighboring uses.
D.
Radioactivity. No use, activity, operation or device
concerned with the utilization or storage of radioactive materials
shall be established, modified, constructed or used without having
first obtained valid permits and certificates from the Office of Radiation
Protection, New Jersey Department of Environmental Protection. Proof
of compliance with this requirement shall be the submission of duplicate
copies of the permits and certificates.
E.
Vibrations.
(1)
Standard. Ground-transmitted vibrations shall be measured
with a seismograph or complement of the instruments capable of recording
vibration displacement and frequency in the three mutually perpendicular
directions simultaneously.
(2)
Vibration level restrictions. Vibration levels shall
not exceed a particle velocity of five-tenths (0.5) inch per second
in any district. During the hours of 9:00 p.m. to 7:00 a.m. in residential
districts, vibration levels shall not exceed a particle velocity of
two-tenths (0.2) inch per second. Measurements shall be made at the
points of maximum vibration intensity and on or beyond adjacent lot
lines or neighboring uses, whichever is more restrictive.
[Amended 12-20-1988 by Ord. No. 88-95]
F.
Airborne emissions. In all districts, no use, activity,
operation or device shall be established, modified, constructed or
used without having obtained valid permits and certificates from the
Bureau of Air Pollution Control pursuant to N.J.A.C. 7:27-8. Specifically,
no use, activity, operation or device shall be established, modified
or constructed without a valid permit to construct. No use, activity,
operation or device shall be operated, occupied or used without a
valid certificate to operate control apparatus or equipment. Proof
of compliance with this requirement shall be the submission of duplicate
copies of the permit to construct and certificate to operate. In addition
to the requirements of the New Jersey Administrative Code, the following
shall also apply:
(1)
Steam emission. No visible emission of steam, having
an equivalent capacity greater than 60% and expecting direct results
of combustion, shall be permitted within 500 feet of a residential
district.
(2)
Toxic matter. Emissions of chemicals, gases, components
or elements listed as being toxic matter by the American Conference
of Governmental Hygienists, New Jersey Department of Labor and Industry
or the United States Environmental Protection Agency shall not exceed
the threshold level, as determined in accordance with ASTM D-1391,
as currently amended. The emission of concentrations, levels or mass
loadings in excess of the threshold value shall be permitted only
if the emissions of the toxic matter comply with the applicable regulations
of the New Jersey Administrative Code, the New Jersey Department of
Labor and Industry and the United States Environmental Protection
Agency. Proof of compliance shall require the submission of duplicate
copies of certificates or permits pursuant to the New Jersey Administrative
Code and the New Jersey Department of Labor and Industry approving
the concentrations, level or loading proposed by the applicant.
(3)
Odorous matter. No odor shall be emitted that is detectable
by the human olfactory sense at or beyond an adjacent lot line.
G.
Noise emissions. All noise emissions must comply with the provisions and the standards set forth in Chapter 142, entitled "Noise," of the Municipal Code of the Township of Stafford. The provisions and standards of Chapter 142 of the Municipal Code of the Township of Stafford are hereby incorporated herein by reference as if set forth more fully herein and repeated at length.
[Amended 2-1-2000 by Ord. No. 2000-22]
[Added 10-18-1988 by Ord. No. 88-83]
A.
All major subdivisions and residential site plans
shall be required to provide open space. Developed open space is designed
to provide active recreational facilities to serve the residents of
the development. Undeveloped open space is designed to preserve important
site amenities and environmentally sensitive areas.
B.
Minimum requirements.
(1)
Amount of open space required. Five percent of the
buildable area of the tract proposed for development shall be set
aside for undeveloped and developed open space.
(2)
Size of open space parcels. The area of each parcel
of open space designed for active recreational purposes shall be of
such minimum dimensions as to be functionally usable and meet or exceed
minimums set by the NRPA, National Recreation and Parks Association,
or other standards acceptable to the approving authority.
(3)
Location of open space parcels. Open space parcels
should be convenient to the dwelling units they are intended to serve.
However, because of noise generation, they should be sited with sensitivity
to surrounding development.
C.
Improvement of open space parcels.
[Amended 1-31-1989 by Ord. No. 89-10]
(1)
Developed open space. The Planning Board or other
approving authority may require the installation of recreational facilities
and site improvements, taking into consideration:
(2)
Undeveloped open space. As a general principle, undeveloped open space should be left in its natural state. A developer may make certain improvements, such as cutting of trails for walking or jogging or the provision of picnic areas, etc. In addition, the Planning Board may require a developer to make other improvements, such as removal of dead or diseased trees, thinning of trees or other vegetation to encourage more desirable growth, planting as per § 130-51E and grading and seeding.
D.
Exceptions to the standards. The Planning Board may
permit minor deviations from open space standards when it can be determined
that:
E.
Deed restrictions. All lands dedicated for open space
purposes shall contain appropriate covenants and deed restrictions
approved by the Municipal Attorney that ensure that:
(1)
The open space area will not be further subdivided
in the future.
(2)
The use of the open space will continue in perpetuity
for the purpose specified.
(3)
Appropriate provisions are made for the maintenance
of the open space.
(4)
Common undeveloped open space shall not be turned
into a commercial enterprise admitting the general public at a fee.
F.
Open space ownership. The type of ownership of land
dedicated for open space purposes shall be selected by the owner,
developer or subdivider, subject to the approval of the Planning Board.
The type of ownership may include but is not necessarily limited to
the following:
(1)
The municipality, subject to acceptance by the governing
body of the municipality.
(2)
Other public jurisdictions or agencies, subject to
their acceptance.
(3)
Quasi-public organizations, subject to their acceptance.
(4)
Homeowners', condominium or cooperative associations
or organizations.
(5)
Shared, undivided interest by all property owners
in the subdivision.
G.
Homeowners' association. If the open space is owned
and maintained by a homeowners' or condominium association, the developer
shall file a declaration of covenants and restrictions that will govern
the association, to be submitted with the application for the preliminary
approval. The provisions shall include but are not necessarily limited
to the following;
(1)
The homeowners' association must be established before
homes are sold.
(2)
Membership must be mandatory for each home buyer and
any successive buyer.
(3)
The open space restrictions must be permanent, not
just for a period of years.
(4)
The association must be responsible for liability
insurance, local taxes and the maintenance of recreational and other
facilities.
(5)
Homeowners must pay their pro rata share of the cost;
the assessment levied by the association can become a lien on the
property if allowed in the master deed establishing the homeowners'
association.
(6)
The association must be able to adjust the assessment
to meet changed needs.
H.
Maintenance of open space areas.
(1)
In the event that a nonmunicipal organization with
the responsibility for the open space fails to maintain it in reasonable
order and condition, the Mayor and Council or Administrator 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 open space in reasonable condition, and said notice shall include
a demand that such deficiencies of maintenance be remedied within
35 days thereof and shall state the date and place of a hearing thereon,
which shall be held within 15 days of the notice.
(2)
At such hearing, the Mayor and Council or Administrator
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 remedied. If the deficiencies set forth in the
original notice or in the modification thereof shall not be remedied
within said 35 days or any permitted extension thereof, the municipality,
in order to preserve the open space and maintain the same, may enter
and maintain such land for a period of one year. Said entry and maintenance
shall not vest in the public any rights to use the open space except
when the same is voluntarily dedicated to the public by the owners.
Before the expiration date of said year, the Mayor and Council or
Administrator shall, upon their initiative or upon the request of
the organization theretofore responsible for the maintenance of the
open space, call a public hearing upon 15 days' written notice to
such organization and to the owners of the development, to be held
by the Mayor and Council or Administrator, 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 municipality,
continue for a succeeding year. If the Mayor and Council or Administrator
shall determine that such organization is ready and able to maintain
said open space in a reasonable condition, the municipality shall
cease to maintain said open space at the end of said year. If the
Mayor and Council or Administrator shall determine that such organization
is not ready and able to maintain said open space in a reasonable
condition, the municipality may, in its discretion, continue to maintain
said open space during the next succeeding year, subject to a similar
hearing and determination in each year thereafter. The decision of
the municipal body or officer in any such case shall constitute a
final administrative decision, subject to judicial review.
(3)
The cost of such maintenance by the municipality shall
be assessed pro rata against the properties within the development
that have a right of enjoyment of the open space in accordance with
the assessed value at the time of imposition of the lien and shall
become a lien and tax on said properties and be added to and be a
part of the taxes to be levied and assessed thereon and shall be enforced
and collected with interest by the same officers and in the same manner
as other taxes.
A.
Provisions shall be made for the indoor or enclosed
storage of garbage and refuse.
B.
Outside garbage, when permitted, shall only be permitted
in areas approved by the municipal agency. Such areas shall, as nearly
as may be practicable, be shielded from public view and protected
by adequate fencing and/or screening.
C.
Screening of refuse areas. These areas adjacent to
or within the parking area designated as refuse storage and pickup
areas shall be properly screened to prevent the unsightly display
and the scattering of debris. The following minimum requirements shall
apply:
(1)
The area shall be surrounded on all sides by a uniform
solid fence or masonry wall not less than five feet nor more than
eight feet in height. The fence or wall shall be located and be of
such type as to promote safety and ensure against creation of an unsightly
condition. The fence must at all times be maintained so as to be kept
in a sound, upright, fully repaired and painted condition or, if not
painted, shall be made of such material as does not corrode, rust
or change appearance if left unpainted. The opening in the fence or
wall shall be so located as to prevent the visual display of refuse
from any adjacent parking area, building, street or site.
[Amended 1-31-1989 by Ord. No. 89-10]
(2)
In addition, the fence or wall shall be of a design
which is consistent with the architectural design of the principle
building on the site or the style of the neighborhood, including gates,
which shall screen from view, entirely, the refuse containers and
refuse storage areas.
[Amended 1-31-1989 by Ord. No. 89-10]
(3)
No refuse enclosure or area shall be located in any
area considered to be a front yard or in any area of a site which
fronts on any street.
D.
Debris.
(1)
Materials accumulated by clearing, grubbing and excavation,
as above described, shall be disposed of by the developer in a manner
satisfactory to the Engineer, except that materials suitable for embankment
shall be used for that purpose if needed therefor. Burying of the
above materials will not be permitted in any case.
(2)
At the time of the tender of a plan for final approval
for subdivision of real estate in this municipality, an estimate shall
be made, for and on behalf of the municipality, by the Township Engineer
as to the cost of removal of the development debris for the development.
Before final approval of the plan, such estimate furnished by the
Township Engineer shall be included in the guaranty to be furnished
by the developer.
(3)
The Township Code Enforcement Officer shall keep a
constant check on debris from the subdivision of land and construction
of buildings and shall not permit accumulations in any real estate
development. In the event that there is any substantial accumulation
of such debris in any development, the Building Inspector shall forthwith
give written notice to the developer to remove such debris from the
real estate development. In the event that such debris is not promptly
removed, the Building Inspector is hereby authorized and directed
to refrain from giving certificates of occupancy for building permits
until the debris is cleared up and removed.
(4)
Whenever the subgrade is established to be coincident
with the existing ground surface, the vegetation and underlying topsoil
of the existing ground surface within the excavation and embankment
areas shall be stripped off to a depth of not less than four inches
and not more than six inches. Street and roadway excavation shall
be carried out so that the subgrade throughout the work is kept properly
drained.
(5)
Excavated materials shall be placed in an embankment
when suitable therefor or shall be used for backfill or other purposes.
Material in excess of that required shall be disposed of by the developer,
contractor or subcontractor.
(6)
Borrow excavation for road construction shall include
the furnishing, transporting, placing and consolidating of materials
required for embankment in excess of that obtained from other excavations
and other incidental work. All borrow excavation shall be suitable
for embankment and approved by the Township Engineer.
E.
Storage and waste disposal.
(1)
In all districts permitting such an operation, use
or any activity involving the manufacture, utilization or storage
of flammable, combustible and/or explosive materials, such storage
shall be conducted in accordance with the regulations promulgated
by the Department of Labor and Industry of New Jersey or the Fire
Code of the National Fire Protection Association, whichever is more
restrictive.
(2)
All flammable, explosive and/or combustible material
shall be stored in accordance with the National Fire Protection Association
or the New Jersey Department of Labor and Industry Code, whichever
is more restrictive.
(3)
All outdoor storage facilities for fuel, raw materials
and products and equipment stored outdoors, wherever permitted, shall
be enclosed by an approved safety fence and visual screen and shall
conform to all yard requirements imposed upon the principal buildings
in the district.
(4)
No materials or wastes shall be deposited upon a lot
in such form or manner that they may be transferred off the lot by
natural causes or forces, nor shall any substance which can contaminate
a stream or watercourse or otherwise render such stream or watercourse
undesirable as a source of water supply or recreation or which will
destroy aquatic life be allowed to enter any stream or watercourse.
(5)
All materials or wastes which might cause fumes or
dust or which constitute a fire hazard or which may be edible or otherwise
attractive to rodents or insects shall be stored outdoors only if
enclosed in containers that are adequate to eliminate such hazards.
F.
All commercial establishments shall provide for private
garbage collection. No municipal garbage collection will be provided
for commercial establishments by the Township.
[Added 4-19-2010 by Ord. No. 2010-11]
A.
Purpose. The purpose of this section is to require dumpsters and
other refuse containers that are outdoors or exposed to stormwater
to be covered at all times and to prohibit the spilling, dumping,
leaking, or otherwise discharge of liquids, semiliquids or solids
from the containers to the municipal separate storm sewer system operated
by the Township and/or the waters of the state so as to protect public
health, safety and welfare, and to prescribe penalties for the failure
to comply.
B.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
REFUSE CONTAINER
STORMWATER
WATERS OF THE STATE
Definitions. For the purpose of this section, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Township of Stafford or other public body, and is designed
and used for collecting and conveying stormwater. Note: In municipalities
with combined sewer systems, add the following: "MS4s do not include
combined sewer systems, which are sewer systems that are designed
to carry sanitary sewage at all times and to collect and transport
stormwater from streets and other sources."
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any waste container that a person controls, whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
The ocean and its estuaries, all springs, streams and bodies
of surface water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
C.
Prohibited conduct. Any person who controls, whether owned, leased,
or operated, a refuse container or dumpster must ensure that such
container or dumpster is covered at all times and shall prevent refuse
from spilling out or overflowing. Any person who owns, leases or otherwise
uses a refuse container or dumpster must ensure that such container
or dumpster does not leak or otherwise discharge liquids, semiliquids
or solids to the municipal separate storm sewer system operated by
the Township.
D.
Exceptions to prohibition:
(1)
Permitted temporary demolition containers.
(2)
Litter receptacles (other than dumpsters or other bulk containers).
(3)
Individual homeowner trash and recycling containers.
(4)
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
(5)
Large bulky items (e.g., furniture, bound carpet and padding,
white goods placed curbside for pickup).
E.
Enforcement. This section shall be enforced by the Township Police
Department and/or other municipal officials of the Township.
F.
Penalties. Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $1,000 for
each dumpster or other refuse container that is not in compliance
with the requirements of this section.
[1]
Editor's Note: Former § 130-63,
Sustainable development; "GREEN" design; LEED," added 11-5-2007 by
Ord. No. 2007-99, was repealed 6-9-2015 by Ord. No. 2015-08.
[Added 9-18-2008 by Ord. No. 2008-94]
B.
METEOROLOGICAL TOWER or MET TOWER
OWNER
ROTOR DIAMETER
SMALL WIND ENERGY SYSTEM
(1)
(2)
(3)
TOTAL HEIGHT
TOWER
WIND ENERGY SYSTEM
WIND GENERATOR
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
A structure designed to support the gathering of wind energy
resource data, and includes the tower, base plate, anchors, guy cables
and hardware, anemometers (wind speed indicators), wind direction
vanes, booms to hold equipment anemometers and vanes, data logger,
instrument wiring, and any telemetry devices that are used to monitor
or transmit wind speed and wind flow characteristics over a period
of time for either instantaneous wind information or to characterize
the wind resource at a given location.
The individual or entity that intends to own and operate
the small wind energy system in accordance with this section.
The cross-sectional dimension of the circle swept by the
rotating blades of a wind-powered energy generator.
A wind energy system, as defined in this section, that:
Is used to generate electricity;
Has a nameplate capacity of 100 kilowatts or
less; and
Is as high as necessary to capture the wind
energy resource at a height determined to be necessary for optimum
energy generation through prior testing with a met tower at the proposed
location of the wind energy system.
In relation to a wind energy system, the vertical distance
from the ground to the tip of a wind generator blade when the tip
is at its highest point. Additionally, the total height of the tower
shall not exceed the distance from the location of the tower to the
closest property line.
A monopole, freestanding, or guyed structure that supports
a wind generator.
A wind generator and all associated equipment, including
any base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, batteries or other component necessary to fully utilize
the wind generator.
Equipment that converts energy from the wind into electricity.
This term includes the rotor, blades and associated mechanical and
electrical conversion components necessary to generate, store and/or
transfer energy.
C.
Standards. A small wind energy system shall be a permitted
use in the following zones subject to the following requirements:
Medical/Medical Commercial, Highway Commercial, Stafford Business
Park, Highway Medical Commercial, Mixed Use:
(1)
Setbacks. A wind tower for a small wind energy system
shall be set back a distance equal to the Township's building setback
requirements. If overhead power lines are located in close vicinity
to the wind tower, the Zoning Officer may increase the setback requirement
as necessary to reduce any public safety issue. No portion of the
wind generator shall extend beyond the setback line, nor into the
following:
(2)
Access.
(a)
All ground-mounted electrical and control equipment
shall be labeled and secured to prevent unauthorized access.
(b)
The tower shall be designed and installed so
as not to provide step bolts, a ladder, or other publicly accessible
means of climbing the tower, for a minimum height of eight feet above
the ground.
(c)
All towers shall be constructed so as to limit
access to only authorized personnel and shall contain appropriate
safety measures to assure compliance with all federal and state occupational
safety requirements.
(3)
Lighting. A small wind energy system shall not be
artificially lighted unless such lighting is required by the Federal
Aviation Administration.
(4)
Appearance, color, and finish. The wind generator
and the tower shall remain painted or finished in the color or finish
that was originally applied by the manufacturer, unless a different
color of finish is approved in the zoning approval. All components
of the system shall be maintained in accordance with the most current
requirements contained within the Property Maintenance Code and the
Uniform Construction Code adopted by the Township.
(5)
Signs. There shall be no signs that are visible from
any public road posted on a small wind generator system or any associated
building, except for the manufacturer's or installer's identification,
appropriate warning signs, or owner identification.
(6)
Utility notification and interconnection. Small wind
energy systems that connect to the electric utility shall comply with
New Jersey's Net Metering and Interconnection Standards for Class
I Renewable Energy Systems at N.J.A.C. 14:4-9 et seq.
(7)
Met towers. A met tower shall be permitted under the
same standards, permit requirements, restoration requirements and
permit procedures as a small wind energy system.
D.
Permit requirements.
(1)
Permit. A zoning permit shall be required for the
installation of a small wind energy system.
(2)
Documents. The zoning permit application shall be
accompanied by three sets of a plot plan which includes the following:
(a)
Property lines and physical dimensions of the
property.
(b)
Location, dimensions, and types of existing
major structures on the property.
(c)
Location of the proposed small wind energy system
tower.
(d)
The right-of-way of any public road that is
contiguous with the property.
(e)
Any overhead utility lines within 300 feet of
the outbound property lines.
(f)
Small wind energy system specifications, including
manufacturer and model, rotor diameter, tower height, tower type (freestanding
or guyed).
(g)
A plot plan showing all of the adjacent properties
and the current zoning for all adjacent properties.
(h)
A study conducted by a licensed professional
engineer certifying to the viability and feasibility of the small
wind energy system at the proposed location.
(3)
Fees. The application for a zoning permit for a small
wind energy system must be accompanied by the fee required for a zoning
permit in addition to a fee in the amount of $1,000 to cover the costs
for engineering review.
(4)
Expiration. A permit issued pursuant to this section
shall expire if:
(5)
Building permit. All applicants must file the required
information and documentation with the Construction Official and meet
all of the requirements to obtain a building permit pursuant to the
Uniform Construction Code.
E.
Abandonment.
(1)
A small wind energy system that is out of service
for a continuous eighteen-month period will be deemed to have been
abandoned.
(2)
The Administrative Officer may issue a notice of abandonment
to the owner of a small wind energy system that is deemed to have
been abandoned. The notice shall be sent return receipt requested.
(3)
The owner shall have the right to respond to the notice
of abandonment within 30 days from notice receipt date, documenting
evidence of why the small wind energy system should not be deemed
abandoned. Such documenting evidence may include, but not be limited
to, certifications, affidavits, photographic and videographic evidence
and electric utility bills.
(4)
If the owner provides sufficient information that demonstrates the small wind energy system has not been abandoned as defined in Subsection E(1) above, the Administrative Officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.
(5)
If the Administrative Officer determines that the
small wind energy system has been abandoned, the owner of the small
wind energy system shall remove the wind generator and the tower at
the owner's sole expense within six months after the owner receives
the notice of abandonment.
F.
Zoning permit procedure.
(1)
An owner shall submit an application to the Administrative
Officer for a zoning permit for a small wind energy system. The Administrative
Officer shall submit a copy of the application to the Township Engineer
for review and recommendation.
(2)
The Administrative Officer shall issue a permit or
deny the application within 10 days as consistent with Municipal Land
Use Law of the date on which the application is received.
(3)
If the application is approved, the Administrative
Officer will return one signed copy of the application with the zoning
permit and retain the other copy with the application.
(4)
If the application is rejected, the Administrative
Officer will notify the applicant in writing and provide a written
statement of the reason why the application was rejected. The applicant
may appeal the Administrative Officer's decision pursuant to the appropriate
appeals authority. The applicant may reapply if the deficiencies specified
by the Administrative Officer are resolved.
G.
Violations.
(1)
It is unlawful for any person to construct, install,
or operate a small wind energy system that is not in compliance with
this section.
H.
Administration and enforcement.
(1)
This section shall be administered by the Administrative
Officer or other official as designated by the Township Administrator.
(2)
The Administrative Officer may enter any property
for which a permit has been issued under this section to conduct an
inspection to determine whether the conditions stated in the permit
have been met.
(3)
The Administrative Officer may issue orders to abate
any violation of this section.
(4)
The Administrative Officer may issue a citation for
any violation of this section.
(5)
The Administrative Officer may refer any violation
of this section to legal counsel for enforcement.
I.
Penalties.
(1)
Any person who fails to comply with any provision
of this section shall be subject to enforcement and penalties as stipulated
in chapter and section of the appropriate zoning code.
(2)
Nothing in this section shall be construed to prevent
the appropriate Stafford Township board with jurisdiction from using
any other lawful means to enforce this section.
[1]
Editor's Note: Former § 130-64,
Energy conservation planning, as amended, was repealed 9-17-2002 by
Ord. No. 2002-80.