Township of Commercial, NJ Design and Performance Standards

The length, width and acreage of street blocks shall be sufficient to accommodate the size lot required in the zone district in which it is to be located and to provide for convenient access, circulation control and traffic study.

Blocks over 1,000 feet in length within residential areas shall be discouraged, but where they are used, pedestrian crosswalks or bikeways between lots may be required in locations deemed necessary by the [2]. No block within a residential area shall exceed 1,500 feet in length.

Editor's Note: So in original.

Within commercial and industrial areas, block length shall be sufficient to meet area and yard requirements for such uses and to provide proper street access and circulation.

Buffers and screening. Wherever buffers or screening are required, it shall be installed according to the following:

Buffer areas shall require site plan review and are required along all lot lines and street lines which separate a nonresidential use from either an existing residential use or residential zoning district. Buffer areas shall be developed in an aesthetic manner for the primary purpose of screening views and reducing noise, glare, blowing debris or other nuisances' perception or effect beyond the lot. No structure, use, activity, storage of materials, or parking of vehicles shall be permitted within a buffer area.

The standards for the location and design of buffer areas are intended to provide flexibility in order to provide effective buffers. The location and design of buffers shall consider the use of the portion of the property being screened, the distance between the use and the adjoining property line, differences in elevations, the type of buffer such as dense planting, existing woods, a wall or fence, buffer height, buffer width, and other combinations of man-made and natural features. The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line, or the more intense the use; then the more effective the buffer area must be in obscuring light and vision, and reducing noise or other nuisances beyond the lot.

All buffer areas shall be planted and maintained with either grass or ground cover together with a screen of live shrubs or scattered plantings of live trees, shrubs, or other plant material meeting the following criteria:

The preservation of all natural wooded tracts shall be an integral part of all development plans and may be calculated as part of the required buffer area, provided that growth is of a density and the area has sufficient width to serve the purpose of a buffer. Where additional plantings are necessary to establish an appropriate tone for an effective buffer, said plantings shall conform to § 145-72AA of this chapter;

Plant materials used in screen planting shall be at least three feet in height when planted and be of such density as will obscure, throughout the full course of the year, the glare of vehicle headlights emitted from the premises;

The screen planting shall be so placed that at maturity it will not be closer than three feet from any street or property line;

Trees shall be at least eight feet in height and four inches in caliper when planted, free of disease and insect pests, and approved stocked as required by § 145-72AA of this chapter;

Any plant material which does not live shall be replaced within one year or one growing season; and

(f)

Screen plantings and landscaping shall be broken at points of vehicular and pedestrian ingress and egress to ensure a clear sight triangle at all street and driveway intersections.

Constructed screening shall consist of a masonry wall or barrier or a uniformly painted fence of one material highly resistant to weather conditions or decay and at least six feet in height, no more than eight feet above finished grade at the point of construction. Such wall, barrier or fence may be opaque or perforated, provided that not more than 50% of its area is open. Whenever a masonry wall is deemed appropriate and/or necessary, it shall be set back one foot from any property line and shall not be located in any front yard area. This requirement shall not apply to a retaining wall as defined in § 145-3C of this chapter.

Whenever buffers are required, the Land Use Board may specify that earthen berms be utilized. Such berms shall be not less than five feet in height as measured from the grade of the adjoining road or land they are intended to screen. They shall be designed and constructed to blend with surface drainage plans for the property being developed and to not create surface runoff problems for adjoining properties. Berms, when required or proposed, shall be provided with a minimum four inches of topsoil, seeded and landscaped with trees and shrubs as set forth in Subsection D(4) hereinabove.

In order to ensure the preservation and maintenance of required buffer areas or screening, the Land Use Board may require specific deed restrictions, provision for maintenance of such areas by individual property owners or homeowners' associations, easements and other legal restrictions which will provide a means of preserving and maintaining the buffer area and/or screening required and permit the Township or other third parties to become involved in the event that a property owner or homeowners' association fails to comply with the provisions of any such legal restrictions.

The following special screening standards shall apply:

New utility distribution lines and telephone or cable television lines to locations not presently served by utilities shall be placed underground, except for those lines which are located on or adjacent to active agricultural operations.

All electric utility transmission lines shall be located on existing towers or underground to the maximum extent practical.

Above-ground generating facilities, switching complexes, pumping and/or substations, or other electronic equipment cabinets, including home emergency electric generators shall be screened with vegetation from adjacent uses and streets in accordance with the provisions of this article.

Whenever reverse frontage is required in connection with a proposed development, there shall be established a minimum twenty-foot buffer area along the rear of any lot or lots adjacent to the roadway. Said buffer area shall be provided with landscaping and screening sufficient to buffer said property from the noise, light glare or other nuisances of traffic along the adjoining roadway. Fencing may also be required where there is a concern for safety of residents gaining access to the adjoining roadway or vehicles crossing the buffer area. Such buffer area shall be established by easement or deed restrictions suitable to the Township's Solicitor prior to approval of the development application where such reverse frontage is a condition of approval.

Concrete structures. Concrete structures shall conform to the American Society for Testing Materials cement designations C-150, Type 1 for Standard Portland Cement; C-150, Type 3 for High Early Strength Portland Cement; and C-175, Type 1-A for air entraining Portland Cement. Vinsol resin or Darex A.E.A. shall be used as the air-entraining agent and both fine and coarse aggregate shall conform to requirements therefor of the New Jersey Department of Transportation Standard Specifications, as amended and supplemented. The following standards shall be met unless modified by the Township Engineer:

Unless otherwise specified, all concrete shall be air-entrained, having 4% to 7% entrained air.

Concrete shall be Class A, B, C, or D.

Required reinforcing steel shall be intermediate grade deformed bars conforming to American Society for Testing Materials designation A-15 and A-305, as amended and supplemented.

Required joint filler shall be a cellular compression material conforming to the requirements therefor of the New Jersey Department of Transportation Standard Specifications, as amended and supplemented.

In the construction of required concrete structures, the Township Engineer will determine the slump range within which the contractor may work. Transit mix concrete may be used if obtained form sources approved by the Township Engineer. On-site mixing and proportioning equipment will also be subject to the approval of the Township Engineer.

Forms shall conform to lines, dimensions and grades shown on plans and may only be omitted when soil conditions and workmanship permit accurate excavation to specifications. Forms shall be firmly braced, tight and capable of resisting movement, bulging or mortar leakage. Forms shall be smooth and clear and shall be completely removed.

Soil base for concrete work shall be properly finished to prescribed lines, grades and dimensions and shall be approved by the Township Engineer or his representative before concrete is placed. All areas to receive concrete shall be free of frost, foreign matter and excessive damp when concrete is placed. All concrete shall be handled and placed so as to avoid segregation. Concrete that has begun to set or has been contaminated with foreign materials or that has too much water shall not be used. Pouring shall be done in a continuous process until an individual section is complete. All concrete shall be thoroughly compacted with vibrator or other suitable equipment. Finished concrete shall have a wood-float finish unless specified by the Township Engineer and shall be kept continuously moist for a period of three days. Curing shall be accomplished at the direction of the Township Engineer. Expansion joints shall be provided as prescribed and shall extend the full thickness of the concrete. Concrete shall not be poured when the temperature is below 40° F. or during periods of precipitation unless precautions acceptable to the Township Engineer have been taken to prevent damage to the work. Precautions to avoid freezing of the concrete shall be in accordance with the current recommendations of the American Concrete Institute.

Curbs and gutters. The standard monolithic concrete curb and gutter as contained in the Traffic and Transportation Plan Update, prepared by the Cumberland County in 1981, be required along the pavement edge of all streets. As provide in the Master Plan, the Land Use Board may, at its discretion, permit roll-type curb along local streets.

Development name. The proposed name of any development shall not duplicate, or too closely approximate, the name of any other development in the Township or in close proximity to it, nor shall a proposed name of a development use as part of its name the name of another municipality adjoining or within a reasonable distance from the Township of Commercial. The Land Use Board shall the final authority to designate the name of proposed development to ensure compliance with this requirement which shall be determined at the preliminary stage of development review. This subsection shall not apply to any established development which is within the Township.

Energy conservation.

Whenever and wherever feasible, buildings shall be sited so as to make maximum use of sunlight or winds in connection with energy generation and/or conservation. All buildings and structures hereinafter erected or constructed, altered or added onto shall use renewable energy sources, within the limits of practicability and feasibility depending on the proposed use of the structure and its location. Where an applicant can reasonably demonstrate that literal enforcement of the provisions of this chapter will prevent or substantially impair or reduce energy conservation methods or technologies, the Land Use Board may waive or adjust said standards, including, through variance procedure as set forth in § 145-85, maximum and minimum yard dimensions as shown on the Schedule of Zoning District Regulations. In so doing, the Land Use Board shall determine that the intent and purpose of this chapter and the adopted Master Plan are met, and that adjoining properties and/or their environment will not be adversely affected by the waiver or adjustment.

In the case of new developments, the majority of all structures in said development shall have their long axis located within 30° of true South.

Wherever plantings are proposed or required as provided under the provisions of this chapter, no plantings of trees, shrubs or any object shall be permitted which will result in shading or interfering with solar access to the south wall of any proposed building. When reviewing proposed landscaping for any proposed development, the Land Use Board shall not require or permit, where reasonably able to do so, any planting or object which will substantially interfere with solar access to adjacent buildings or existing solar energy devices or structures.

Fire protection.

All dead-end roads shall terminate in a manner which provides safe and sufficient entry and exit for fire equipment. Additionally, all driveways providing access to a structure and which are in excess of 50 feet in length from the abutting road right-of-way to the residential structure being served by said driveway, shall be a minimum of 15 feet in width so as to be sufficient to accommodate large emergency vehicles and be surfaced with a gravel base and maintained by the property owner. The driveway shall have a loop or "k" turnaround located within 100 feet of any house. The driveway width and a height clearance of 15 feet shall be established and maintained free of vegetation and low hanging tree limbs.

The rights-of-way of all roads shall be maintained so that they provide an effective fire break.

All proposed developments of 25 units or more will have two access ways to public rights-of-way and said access ways shall be of such width and surface composition sufficient to accommodate and support firefighting equipment.

Wherever a central water supply system will serve a development, provision shall be made for fire hydrants along the streets and/or on the walls of nonresidential structures as approved by the appropriate fire district or other appropriate fire official, the Township Engineer and in accordance with Fire Insurance Rating Organization Standards.

Fish and wildlife.

No development shall be carried out in the Township unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered animal species designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.

All development or other authorized activity shall be carried out in a manner which avoids disturbance of fish and wildlife habitats that are essential to the continued nesting, breeding and feeding of significant populations of fish and wildlife in identified critical areas.

Historic resource preservation.

A cultural resource survey shall accompany all applications for development proposed within a zoning district with the term "village" in its title and all applications for major development in order to determine whether any significant historic resources exist on the parcel. In general, the survey shall include: a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the project's potential environmental impacts; a thorough search of state, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and vocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys, archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance, adequate recording of the information gained and methodologies and sources used, and a list of personnel involved and qualifications of the person(s) performing the survey.

This requirement for a survey may be waived by the Land Use Board if:

There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;

The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more comprehensive understanding of such culture; or

The evidence of cultural activity lacks any potential for significance pursuant to the standards of Subsection K(1)(b) below.

A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling, and association which reflects its significance in American history, architecture, archaeology or culture under one or more of the following criteria:

The presence of structures, sites or areas associated with events of significance to the cultural, political, economic or social history of the nation, state, local community; or

The presence of structures, sites or areas associated with the lives of persons or institutions of significance to the cultural, political, economic or social history of the nation, state, local community; or

The presence of structures that represent the work of a master, or that possess high artistic values, or that embody the distinctive characteristics of a type, period or method of construction, or that represent a distinguishable entity of significance to the architectural, cultural, political, economic or social history of the nation, state, or local community, although its components may lack individual distinction; or

[4]

The presence of a site or area which has yielded or is likely to yield significant information regarding the history or archaeological history of the Township and area.

The Land Use Board may require the following information researched and presented to document resources which are not found to be significant but which are otherwise found to present graphic evidence of a cultural activity.

A narrative description of the resource and its cultural environment;

Photographic documentation to record the exterior appearance of buildings, structures, and engineering resources;

A site plan depicting in correct scale the location of all buildings, structures, and engineering resources; and

A New Jersey State inventory form as published by the New Jersey Department of Environmental Protection and Energy for buildings and a narrative description of any process or technology if necessary to elaborate upon the photographic record.

If archaeological data is discovered on a site at any time after construction has been commenced, notify the Land Use Board and take all reasonable steps to protect the archaeological data in accordance with the "Guidelines for the Recovery of Scientific Prehistoric, Historic and Archaeological Data: Procedures for Notification, Reporting, and Data Recovery" (36 CFR Part 66).

Whenever a site or structure that is on a recognized historic register, plan, documented historic survey or other appropriate listing undertaken by a public or privately recognized historic preservation organization or entity, the Land Use Board shall when reviewing a development application and/or plan for a property adjacent to land whereon said historic site or structure is located, consider requiring measures to prevent such new development from adversely impacting the historic site or structure. When deemed appropriate, the Land Use Board may require as the Board deems reasonable and appropriate the following:

Increased setbacks where possible given the lot size involved;

Installation of landscaped buffers, fencing of an appropriate style or design, or a combination of landscaping and fencing to screen the historic site or structure from the new development if the Board finds that said new development or it appurtenant accessory uses or activities will conflict with or create adverse visual impact(s) upon the historic site or structure which could be minimized or eliminated by the imposition of such setbacks, buffers, screening or landscaping. When required, said buffers, screening or landscaping shall comply with the provisions of this § 145-72 accordingly.

Require that any proposed lighting for the new development does not adversely impact the historic site or structure or said site's or structure's own lighting.

Encourage that elements of an historic structure be utilized in the design and decoration of the new development to the extent feasible from a design, utilitarian and economic perspective. Where utilized effectively, the Board may, at its discretion, determine that increased setbacks, buffers or other measures as noted above in Subsection K(4)(b) may be reduced or are not needed. The use of design and decoration elements is encouraged within all areas of the Township where historic sites and structures are located, but in particular within the Township's villages where the close proximity of residences and structures accentuates differences in styles, design and the effects of land use activities.

Outdoor displays as provided for by § 145-63 of this chapter, shall be located, sized and designed to minimize adverse visual impacts on an adjoining historic site or structure unless such site or structure also has similar displays.

Homeowners' association. A homeowners' association may, or in some cases, shall be required to be established for the purpose of owning and assuming maintenance responsibilities for the common lands and property designed within a development provided the Land Use Board is satisfied that the organization will have a sufficient number of members to reasonably expect a perpetuation of the organization in a manner enabling it to meet its obligations and responsibilities in owning and maintaining any property for the benefit of owners or residents of the development. If established, the organization shall incorporate the following provisions:

Membership by all property owners, condominium owners, stockholders under a cooperative development and other owners of property or interests in the project shall be mandatory. Required membership and the responsibilities upon the members shall be in writing between the organization and each member in the form of a covenant with each agreeing to liability for his pro rata share of the organization's costs.

The organization shall be responsible for liability insurance, taxes, maintenance and any other obligations assumed by the organization, and shall hold the municipality harmless from any liability. The organization shall not be dissolved and shall not dispose of any open space or property by sale or otherwise, except to an organization conceived and established to own and maintain the open space or property for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to the Township or municipalities wherein the land is located.

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.

The organization shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of the covenant, model deeds, and articles of incorporation of the organization and the fact that every tenant and property owner shall have the right to use all common properties. These shall be set forth as a condition of approval and shall be submitted prior to the granting of final approval by the Land Use Board.

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 development's units sold and/or occupied and shall clearly indicate that in the even such organization shall fail to maintain the common open space or common property or lands in reasonable order and condition, the Township may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the common open space or common property or lands in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 15 days thereof, and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the designated Township body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within 15 days or any permitted extension thereof, the Township, in order to preserve the common open space and common property or land and maintain the same for period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the common open space and common property and land except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space and common property or land, call a public hearing upon 15 days written notice to such organization and to the owners of the development, to be held by the Township at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain said open space and property or land in reasonable condition, the Township shall cease to maintain said open space and property or lands at the end of said year. If the municipality shall determine such organization is not ready and able to maintain said open space and property or land in reasonable condition, the Township may, in its discretion, continue to maintain said open space and property or land during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open space and property or land in accordance with assessed values at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.

Lighting. All area lighting shall provide translucent fixtures with shields around the light source. The light intensity provided at ground level shall have a minimum of 0.5 footcandle over all parking and pedestrian walkway areas. Light intensity at residential property lines shall not exceed 0.1 footcandle. For each fixture and lighted sign, the total quantity of light radiated above a horizontal plane passing through the light source shall not exceed 7.5% of the total quantity of light emitted from the light source. Any other outdoor lighting shall be shown on the site plan in sufficient detail to allow determination of the effects at the property line and on nearby streets, driveways, residences and overhead sky glow. No lighting shall shine directly or reflect into windows, or onto streets and driveways in such a manner as to interfere with driver vision. No lighting shall be of a yellow, red, green or blue beam, nor be of a rotating, pulsating, beam or other intermittent frequency. The intensity of such light source, light shielding, the direction and reflection of the lighting and similar characteristics shall be subject to site plan approval by the Land Use Board. The objective of these specifications is to minimize undesirable off-site effects.

Lots.

Lot dimensions and area shall not be less than the requirements of the Schedule of Zoning District Regulations.

To the extent practical, side lot lines shall be either at right angles or radial to street lines.

Each lot must front upon an approved street improved to Township standards, with a right-of-way of at least 50 feet. In the case of subdivisions located on existing streets approved to Township standards which do not have a right-of-way of 50 feet and are not shown on the adopted Township Master Plan or Official Map as proposed for future widening, the front yard setback shall be measured from a line 25 feet equidistant to and parallel with the existing street center line.

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 improbable; 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 strictly limited to the street with the lower traffic function.

Where extra width has either been dedicated or anticipated for widening of existing streets, zoning consideration shall begin at such new street line and all setbacks shall be measured from such line.

Whenever land has been dedicated or conveyed to the Township by the owner of a lot in order to meet the minimum street width requirements or to implement the official map or Master Plan, and which lot existed at the effective date of this chapter, the zoning officer or construction official shall not withhold a building and/or occupancy permit when the lot depth and/or area was rendered substandard due to such dedication and where the owner has no adjacent lands to meet the minimum requirements.

For proper development of the land within the Township, all new lots shall have an average length no greater than 250% of the average lot width, except where the width exceeds three times the zoning requirement.

No new lot shall adversely affect the development of the remainder of the parcel being subdivided or the adjoining properties. In addition, no new lot shall conflict with the provisions of the adopted Master Plan, Official Map or this chapter.

Manholes, inlets and catch basins. Whenever manholes, inlets or catch basins are proposed and/or required to be constructed they shall be constructed according to the "New Jersey Department of Transportation Standards for Road and Bridge Construction," most recent edition, and the New Jersey Department of Transportation Standard Detail Drawings for size and type of structure(s) proposed.

Monuments. Monuments shall be the size and shape required by N.J.S.A. 46:23-9.12[3] of the Map Filing Law, as amended and shall be placed in accordance with said statute and indicated on the final plat. All lot corners shall be marked with a metal alloy pin of permanent character.

Editor's Note: N.J.S.A. 46:23-9.12 was repealed by L.2011, c. 217, § 2, effective May 1, 2012. See now N.J.S.A. 46:26B-4.

Off-site and off-tract improvements. As a condition of preliminary approval and prior to any construction or filing of an application for final approval of a subdivision or site plan, the applicant shall have made cash payments or, with the consent of the Township Committee, installed, in the manner provided below, with respect to the immediate or ultimate installation of any required off-site and/or off-tract improvements:

Allocation of costs; criteria in determining allocation. The allocation of costs for off-site and/or off-tract improvements, as between the applicant, other property owners, and the Township or any one or more of the foregoing, shall be determined by the Land Use Board, with the assistance of the appropriate Township agencies, on the basis of the total cost of the off-tract improvements, the increase in market values of the property affected and any other benefits conferred and the needs created by the application, population and land use projections for the general area of the applicant's property and other areas to be served by the off-site or off-tract improvement, the estimated time of construction of the off-site or off-tract improvements and the condition and periods of usefulness, which periods may be based upon the criteria of N.J.S.A. 40A:2-22. Requirements for off-site and/or off-tract improvements shall be consistent with N.J.S.A. 40:55D-42. In addition, the following criteria may also be considered, as well as any other reasonable criterion the Land Use Board deems is necessary to protect the health, safety and general welfare of the Township:

Streets, curbs, sidewalks, shade trees, streetlights, street signs and traffic light improvements may also be based upon the anticipated increase of traffic generated by the application. In determining such traffic increase, the Land Use Board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and other factors related to the need created by the application and the anticipated benefits thereto.

Drainage facilities may also be based upon or be determined by the drainage created by or affected by a particular land use, considering:

The percentage relationship between the acreage of the application and the acreage of the total drainage basin.

The use of a particular site and the amount of area to be covered by impervious surfaces on the site itself.

The use, condition and status of the remaining area in the drainage basin.

Water supply and distribution facilities may be also based upon the added facilities required by the total anticipated water use requirements of the property of the applicant and other properties in the general area benefiting therefrom.

Sewerage facilities may be based upon the proportion that the total anticipated volume of sewage effluent of the applicant's property and other properties connected to the new facility bears to the existing capacity of the existing sewerage facilities, including, but not limited to, lines and other appurtenances leading to and servicing the applicant's property. Consideration may also be given to the types of effluent and particular problems requiring special equipment and added costs for treatment. In the event that the applicant's property shall be permitted to be connected to existing sewer facilities, the applicant shall pay a charge or be assessed in accordance with law.

Determination of cost of improvements. The costs of installation of required off-site and/or off-tract improvements shall be determined by the Land Use Board with the advice of the Township Committee and/or Township Engineer and appropriate Township or other agencies involved.

Manner of construction. When those estimates are received, the Township Committee shall then decide whether the off-site or off-tract improvement is to be constructed by:

The Township as a general improvement;

The Township as a local improvement; or

The applicant under a formula providing for partial reimbursement by the Township for benefits to properties other than the subdivision or site plan project involved in the application.

Amount of contribution. When the manner of construction has been determined, the applicant may be required to provide a cash deposit to the Township of one of the following amounts:

If the improvement is to be constructed by the Township as a general improvement, an amount equal to the difference between the estimated cost of the improvement and the estimated total amount, if less, by which all properties to be serviced thereby, including the subject property, will be specifically benefited by the off-site or off-tract improvement.

If the improvement is to be constructed by the Township as a local improvement, then, in addition to the amount referred to in Subsection Q(4)(a) above, the estimated amount by which the subject property will be specifically benefited by the off-tract improvement.

If the improvement is to be constructed by the applicant, an amount equal to the estimated cost of the off-site or off-tract improvement, less an offset for benefits to properties other than the subject property.

Payment of allocated costs.

The estimated costs of the off-site or off-tract improvement allocated to the applicant, if deposited in cash, shall be paid by the applicant to the Township Chief Financial Officer, who shall provide a suitable depository therefor, and such funds shall be used only for the off-site or off-tract improvement for which they are deposited or improvements serving the same purpose, unless such improvements are not initiated by the Township within a period of 10 years from the date of payment, after which time said funds so deposited shall be returned, together with accumulated interest or other income thereon, if any.

In the event that the payment by the applicant to the Township, Chief Financial Officer provide for herein is less than its share of the actual cost of the off-site or off-tract improvement, then it shall be required to pay its appropriate share of the cost thereof.

In the event that the payment by the applicant to the Township Chief Financial Officer provide for above is more than its appropriate share of the actual cost of installation of the off-site or off-tract improvement, it or its successor or assigns shall be repaid an amount equal to the difference between the deposit and its share of the actual cost.

If the applicant shall deem that any of the amounts so estimated by the Land Use Board are unreasonable, it may challenge them and seek to have them revised in appropriate proceedings brought to compel subdivision or site plan approval.

If the applicant and the Land Use Board cannot agree with respect to the applicants appropriate share of the actual cost of the off-site or off-tract improvement or the determination made by the officer or board charged with the duty of making assessments as to special benefits, if the off-site or off-tract improvement is to be constructed as a local improvement, no approval shall be granted; provided, however, that the applicant may challenge each determination and seek to have it revised in appropriate judicial proceedings in order to compel subdivision or site plan approval.

Assessment of properties. Upon receipt from the applicant of its allocated share of the costs of the off-site or off-tract improvements, the Township may adopt a local improvement assessment ordinance for the purpose of construction and installation of the off-site or off-tract improvements based upon the actual cost thereof. Any portion of the cost of the improvements not defrayed by a deposit by the applicant may be assessed against benefiting property owners by the Township. Any assessments for benefits conferred made against the applicant or its successors in interest shall be first offset by a pro rata share credit or the allocated costs previously deposited with the Township Chief Financial Officer pertaining thereto. The applicant or its successors in interest shall not be liable for any part of an assessment for such improvements unless the assessment exceeds the pro rata share credit for the deposit, and then only to the extent of the deficiency.

Credit for worked performed. In the event that the applicant, with the Township's consent, decides to install and construct the off-site or off-tract improvement or any portion thereof, the certified cost shall be treated as a credit against any future assessment for that particular off-site or off-tract improvement or portion thereof constructed by the Township in the same manner as if the developer had deposited its apportioned cost with the Township Chief Financial Officer, as provided herein.

Installation of improvements by applicant.

At the discretion and option of the Township and with the consent of the applicant, the Township may enter into a contract with the applicant providing for the installation and construction of off-site or off-tract improvements by the applicant upon contribution by the Township of the remaining unallocated portion of the cost of the off-site or off-tract improvement. Whenever the Township shall enter into such an agreement with an applicant, said applicant shall provide proof of compliance with all laws and/or regulations which would be binding on the Township if it were to be undertaking said development, such as, but not limited to, the Public Contracts Law, payment of prevailing wage, the Equal Opportunities Employment Act, Americans with Disabilities Act, and any other requirement being in effect at time of construction.

In the event that the Township so elects to contribute to the cost and expense of installation of the off-site or off-tract improvements by the applicant, the portion contributed by the Township shall be subject to possible certification and assessment as a local improvement against benefiting property owners in the manner provided by law, if applicable.

(9)

Compliance to design criteria. Should the applicant and the Township enter into a contract for the construction and erection of the off-site or off-tract improvements to be done by the applicant, said contract shall observe all requirements and principals of this chapter in the design of such improvements.

Off-street parking and loading standards. The following shall apply to all off-street loading and parking facilities required by §§ 145-46 and 145-47 of this chapter:

There shall be appropriate means of access to a street or alley, as well as sufficient area to permit on-site maneuvering and docking.

The minimum dimensions of stalls and aisles in parking facilities shall be as follows:

The area dimension for a parking space is typically 200 square feet in a ten-foot-by-twenty-foot shape. For compact vehicles, this size can be reduced to nine by 18 feet if permitted by the Land Use Board.

Parking space depth shall be at least 18 feet, with said dimensions measured on the angle for all angle parking. Parallel parking spaces shall be a minimum of 22 feet in length.

Minimum width of aisles providing access to parking spaces for one-way traffic only, varying with the angle of parking, shall be:

Angle of Parking	Minimum Aisle Width (feet)
Parallel	12
30°	12
45°	14
60°	18
90°	24

Minimum width of aisles providing access to stalls for two-way traffic shall be 25 feet.

Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other vehicle. In addition, parking spaces within any parking areas shall be designed to provide physical barriers to prevent vehicles parked therein to touch an adjoining building, structure or planted area or to overhang or protrude into planted areas or pedestrian walkways.

The width of entrance and exit drives shall be:

A minimum of 12 feet for one-way use only.

A minimum of 20 feet for two-way use.

A maximum of 35 feet at the street line and 54 feet at the curbline.

The maximum width of driveways and sidewalk openings measured at the street lot line shall be 35 feet, and the minimum width shall be 20 feet for loading facilities.

For the purpose of servicing any property held under single and separate ownership, entrance and exit drives crossing the street line shall be limited to two along the frontage of any single street, and their center lines shall be spaced at least 80 feet apart in the case of loading facilities and 30 feet apart for parking areas. On all corner properties, there shall be spaced a minimum of 60 feet, measured at the curbline, between the center line of any entrance or exit drive and the street line of the street parallel to said access drive.

All loading spaces and access drives shall be at least five feet from any side or rear lot line.

All artificial lighting used to illuminate any loading space or spaces shall be so arranged that no direct rays from such lighting shall fall upon any neighboring properties.

(9)

The arrangement of off-street loading spaces shall be such that no vehicle would have occasion to back out into the street.

(10)

Off-street loading spaces shall be designed and used in such a manner as to at no time constitute a nuisance or hazard or unreasonable impediment to traffic.

(11)

The screening requirements of § 145-72D shall be applicable to all loading areas, including access and maneuvering areas, abutting residential or commercial zoning districts, and in the case of off-street parking areas of greater than 10 spaces, form all lots in an abutting residential zoning district, including side lots located across a street.

Planned developments. Any project proposed as a planned development shall follow the appropriate zoning criteria of this chapter and the applicable subdivision and/or site plan review criteria contained herein. Prior to approval of any planned development, the Land Use Board shall find the following facts and conclusions:

All planned development shall be designed to the specific planned development provisions of this chapter. The planned development provisions shall supersede any conflicting portions of this chapter to the extent of such inconsistencies.

Proposal for maintenance and conservation of the common open space shall be reliable and, if proposed to be handled by a private agency, shall be established in accordance with the "homeowners' association" provisions of § 145-72L of this chapter. Also, the amount, location, and purpose of common open space shall be adequate for the use intended.

The physical design of the proposed development for public services, control of vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment shall be adequate to comply with appropriate portions of the Master Plan, this chapter and reasonable planning design criteria.

The proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

In the case of a proposed planned development which contemplates construction over a period of years, the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed planned development in the total completion of the project shall be found adequate and clearly defined and protected.

Recreational facilities.

All recreational areas and facilities shall be designed in accordance with the New Jersey Department of Environmental Protection and Energy publication entitled: Administrative Guidelines: Barrier Free Design Standards for Parks and Recreational Facilities. In reviewing proposed recreational improvements and facilities in connection with the provisions of this chapter, the Land Use Board shall be guided by the standards contained in N.J.A.C. 7:50-6.143(a)2 and 7:50-6.144(a)1 – 3.

Any residential development involving 20 or more residential lots, excluding planned developments, apartments and townhouse projects or other residential developments wherein open space and recreational area provision is required by this chapter, shall be required to provide 1,500 square feet per lot within said development, but in no case less than one acre of open space and recreational area for the use and enjoyment of the residents of said development.

Whenever recreational area or facilities are proposed or required under the provisions of this chapter, they shall conform to the following standards where applicable:

Said recreational area shall not be utilized for street rights-of-way, driveways, parking areas, utility stations, required buffer strips or other nonrecreational or open spaces uses.

Not more than 50% of the total space saved shall be located in one or more of the following: a floodplain, wetlands, areas with a slope greater than 10%, watercourses, bodies of water or other areas deemed unsuitable for recreational purposes due to environmental or conservation reasons made evident by the Land Use Board's review of the environmental impact of the proposed development, including any environmental impact statement which might be required by this chapter.

When the recreational and open space to be set aside as provided herein exceeds three acres, at least 50% of the total open space shall be developed by the applicant for active recreational activities, facilities and uses which shall be found suitable to the residents of the proposed development. Activities, facilities or uses deemed appropriate and acceptable include, but are not limited to, swimming pools, tennis, basketball and volleyball courts, ball fields, tot-lots, golf courses, bicycle paths, trails and similar active recreational pursuits. The remaining portion of the required open space may, with Land Use Board approval and if warranted by the environmental impact review, be permanently devoted to one or more of the following open space or land uses: parks, landscaped areas or gardens (including residents' garden plots), woodland conservation areas, game preserves, stream preservation areas, wetlands, watershed protection or floodplain areas or similar conservation areas which permit only passive recreational activities.

All such recreational areas shall be reviewed by the Land Use Board, found adequate and approved. In its review, the Land Use Board shall investigate the size of the parcels devoted to open space and recreational areas, their location within the development, the topography and soils of said areas and the suitability of the uses contemplated or proposed, the configuration of the parcels under consideration, facilities and improvements to be provided, the provision made for maintenance and access to sad parcels, traffic flow around said parcels, the ecological aspects, the staging and timing of the recreational area development and how various categories of recreational facilities or areas and their location will be proportionally related to the staging of the development of housing units or other uses if such staging is proposed. The Land Use Board shall find that such recreational or open space areas conform to the provisions of § 145-59K and L and make whatever requirements necessary in granting preliminary approval to said development to ensure compliance with the above-cited sections of this chapter.

Said recreational area or open space shall be owned and maintained by a homeowners' association unless the developer or the homeowners' association offers the dedication of said area or space to the Township which accepts as provided for in connection with cluster developments in § 145-59L.

Sanitary sewers.

Sanitary sewer facilities shall be provided and installed in accordance with N.J.A.C. 5:21 for sewerage treatment facilities and according to N.J.A.C. 7:9a for individual subsurface disposal systems. Sewerage systems shall only be permitted in areas indicated for sewer service in the State of New Jersey Statewide Water Quality Management Plan (WQM) and where permitted by the NJDEP through sewer connection approval. Sanitary sewer pumping systems shall be designed in accordance with N.J.A.C. 7:14.

All sanitary sewer systems plans and specifications shall be submitted to the Township Engineer prior to NJDEP permit application submission.

Scenic.

Except for those roads which provide for internal circulation within residentially developed areas, all public paved roads in the Township shall be considered scenic corridors. In addition, the Maurice River shall be considered special scenic corridors except that portion of river frontage located within the localities of Bivalve and Shellpile.

Special requirements for scenic corridors:

Except as otherwise provided in this subsection, no permit shall be issued for development on a scenic corridor other than for agricultural products sales establishments unless the applicant demonstrates that all buildings are set back at least 100 feet from the center line of the corridor.

If compliance with the 100-foot setback is strained by environmental or other physical considerations, such as wetlands, or active agricultural operations, the building shall be set back as close to 100 feet as practical and the site shall be landscaped in accordance with the provisions of § 145-72D and AA of this chapter so as to provide screening from the corridor.

If an applicant for development approval demonstrates that existing development patterns of the corridor are such that buildings are set back less than 100 feet within 1,000 feet of the site proposed for development, then a setback shall be set for the proposed development which is consistent with the established development pattern, providing that the site is landscaped in accordance with the provisions of Article VIII so as to provide screening between the building and the corridor.

Stormwater management. The standards for stormwater management as contained in the New Jersey Residential Site Improvement Standards, Subchapter 7 thereof (N.J.A.C. 5:21-7), as amended, and the implementation of the N.J. Department of Environmental Protection Stormwater Management Rules (N.J.A.C. 7:8), as amended and as set forth in Chapter 289, Stormwater Management, of the Code of the Township of Commercial.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Structure and building design and site location.

In reviewing site plans for freestanding buildings and structures, and depending on individual site characteristics, consideration shall be given to positioning that provides a desirable visual composition, avoids blocking natural vistas, provides a desirable space enclosure, does not unnecessarily alter existing topography and vegetation and otherwise respects established natural conditions and surrounding buildings and structures.

Consideration shall also be given to building materials, use of color and/or texture, massing, fenestration and advertising features as they relate to site conditions and harmonize with similar elements in surrounding buildings and structures.

Traffic and circulation.

Access.

Where a driveway serves right-turning traffic from a parking area providing 200 or more parking spaces and/or the abutting road has a peak hour traffic volume exceeding 1,000 vehicles per hour, an acceleration lane shall be provided in accordance with "A Policy of Geometric Design of Rural Highways," published by the American Association of State Highway Officials.

Where a driveway serves an entrance to a development providing 50 or more parking spaces, a deceleration lane shall be provided for traffic turning right into the driveway from any collector or arterial road. The deceleration lane is to be at least 200 feet long and at least 13 feet wide, measured from the abutting road curbline. A minimum forty-foot curb return radius will be used from the deceleration lane into the driveway.

Any driveways providing access from a public street or way to any permitted use or structure shall comply with the following regulation:

Driveways shall enter the street or road right-of-way at an angle between 75° and 105°.

The portion of the roadway lying between the right-of-way line of the street and the driveway shall be surfaced as a driveway extension.

Any curb opening shall be properly reconstructed to the satisfaction of the Township Engineer. Where curbing does not exist and conditions warrant, an adequate drain pipe shall be installed as determined by the Township Engineer.

[4]

Driveway grades shall not exceed 8% by a distance of 40 feet from any street or road right-of-way, unless otherwise approved by the Township Engineer.

[5]

Driveway widths at the street right-of-way lines shall be a minimum of 10 feet and maximum of 20 feet in connection with single-family residential uses. All other uses shall conform of the driveway regulations contained herein or as required by the Township Engineer.

[6]

The number of driveways provided from a site directly to any road shall be as follows:

Use	Length of Site Frontage (feet)	Number of Driveways
Residential	200 or less	1
Commercial	200 or less	1
Commercial on arterial or collector road	200 to 500	2
All uses	Over 800	To be determined by Land Use Board upon receipt of advice from the Township Engineer

[7]

All entrance and exit driveways to a road shall be located to afford maximum safety to traffic on the road.

[8]

Any exit driveway or driveway lane shall be so designed in profile and grading and shall be so located as to permit the following maximum sight distance measured in each direction along any abutting road; the measurement shall be from the driver's seat of a vehicle standing on that portion of the exit driveway that is immediately outside the edge of the road traveled or shoulder:

Allowable Speed on Road (mph)	Required Sight Distance (feet)
25	150
30	200
35	250
40	300
45	350
50	400

[9]

Wherever a site occupies a corner of two intersecting roads, no driveway entrance or exit may be located within a minimum of 30 feet of tangent of the existing or proposed curb radius of that site.

[10]

No entrance or exit driveway shall be located on the following portions of any collector or arterial road: on a traffic circle, on a ramp of an interchange, within 30 feet of the beginning of any ramp or other portion of an interchange, nor on any portion of such road, where the grade has been changed to incorporate an interchange.

[11]

Where two or more driveways connect a single site to any one road, a minimum clear distance of 100 feet measured along the right-of-way line shall separate the closest edges of any two such driveways.

[12]

Driveways used for two-way operation shall intersect any collector or arterial road at an angle as near 90°.

[13]

Driveways use by vehicles in one direction of travel (right turn only) shall not form an angle smaller than 60° with a collector or arterial road unless acceleration and deceleration lanes are provided.

[14]

The dimensions of driveways shall be designed to adequately accommodate the volume and character of vehicles anticipated to be attracted daily onto the land development for which a site plan is prepared. The required maximum and minimum dimensions for driveways are indicated in the following table. Driveways serving large volumes of daily traffic over 25% of which is truck traffic shall be required to utilize high to moderate dimensions. Driveways serving low volumes of daily traffic or traffic with less than 25% truck traffic shall be permitted to use low to minimum dimensions.

Table 2.
	One-way Operation		Two-way Operation
Type of Development	Curbline Opening (feet)	Driveway Width (feet)	Curbline Opening (feet)	Driveway Width (feet)
5- to 10-family residence	12 to 15	10 to 13	12 to 30	10 to 26
10-family or more	12 to 30	10 to 26	24 to 36	24 to 46
Commercial and industry	24 to 50	24 to 34	24 to 50	24 to 46
Service station	15 to 36	12 to 34	24 to 36	20 to 34

[15]

The surface of any driveway subject to Township site plan approval shall be constructed with a permanent pavement of a type specified by standards set by the Township Engineer. Such pavement shall extend to the paved traveled way or paved shoulder of the road; required driveway dimensions are specified in § 145-72Y(1)(c)[14] above.

[16]

Prevention of undercarriage drag.

[a]

Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage. Any driveway profiles and grades shall be submitted to and approved by the Township Engineer.

[b]

Should a sidewalk be so located with respect to the curb at a depressed-curb driveway that it is likely to cause undercarriage drag; the sidewalk should be appropriately lowered to provide a suitable ramp gradient.

[17]

In the case where a home is to be set back 50 feet or more from a public street or road, the driveway to said residential dwelling shall be constructed a minimum of 15 feet in width for single passage of a large emergency vehicle and have a suitable gravel base.

Bikeways.

Bikeways shall be required when the Land Use Board finds provision of said bikeway(s) would be needed and utilized based upon probable volume of bicycle traffic, the development's location in relation to other populated areas, or its location with respect to any overall bike route or trail adopted or established by the Land Use Board or other applicable agency.

Bikeways shall generally not exceed a grade of 3%, except for short distances, and they should be a minimum of five feet wide for one-way and eight feet wide for two-way travel. Bikeways shall be designed and constructed in accordance with the specifications and standards of the Township Engineer.

Customer service areas.

Any site plan for a development that provides for temporary stopping space on site for vehicles of customers or patrons seeking service at a roadside business or business catering to drive-in service where the customer does not leave his/her vehicle, such as farm roadside stand, gasoline service station, drive-in bank, restaurant providing take-out food service or similar use, shall ensure that the stopping or maneuvering space is at least 10 feet removed from the right-of-way of the adjoining road or street(s). In addition, sufficient waiting or standing area for vehicles approaching the drive-in window or service area shall be provided on site to prevent the stacking of vehicles onto the road or shoulder area within the public right-of-way.

Maneuvering space or area on site shall be sufficient to that no vehicle must back into the street or shoulder area thereof. Any lane used exclusively for a drive-in window(s) or service area(s) shall be separate from and in addition to driveway area sufficient to permit other on-site traffic to maneuver around the site without being block by the customer service area standing traffic.

Sidewalks.

Sidewalks shall be required along all streets and in particular within designated village area zoning districts for major commercial, residential and industrial developments. It is the intent of this chapter that the village concept of planning, which encourages safe pedestrian traffic, be enforced for the improvement of the Township villages' safety and character. In reviewing a request for a waiver of this requirement, the Land Use Board shall be guided by the probable volume of pedestrian traffic, the street classification in instances where streets are involved, school bus stops, the development's location in relation to other populated areas or pedestrian traffic generators, and the general type of improvement intended. The Land Use Board shall further only grant waivers which are in accordance with the provisions, goals and objectives of the adopted Township Master Plan.

When required and unless reduced or altered in size or location by the Land Use Board, all sidewalks shall conform to the following standards:

Sidewalks shall be at least four feet wide and located as approved by the Land Use Board. Sidewalks shall be at least four inches thick, except at the point of vehicular crossing where they shall be at least six inches thick, of Class C concrete, having twenty-eight-day compression strength of 4,000 p.s.i. and shall be air-entrained.

Finished sidewalks shall be true to specified lines, grades and curvatures. Completed work shall be adequately protected from traffic and the elements.

Where deemed appropriate by the Land Use Board, based on projected pedestrian traffic, site conditions and the character of the area, i.e., especially in village-zoned or designated areas, the Land Use Board may permit the installation of pedestrian walkways instead of full concrete sidewalks as required above. Such walkways may be constructed of stone, mulch or chips designed and installed to provide a safe, usable means of pedestrians to walk to or from parking areas or along roadways in village settings. Whenever a waiver is requested from the requirement of sidewalk installation, the Land Use Board shall first consider requiring a pedestrian walkway, before granting a waiver for no means of pedestrian accommodation and access.

Sight triangles.

Sight triangles shall be required at each quadrant of an intersection of streets and, where deemed necessary by the Land Use Board, at the intersection of streets and driveways. The are within sight triangles shall be either dedicated as part of the street right-of-way or maintained as part of the lot adjoining the street and set aside on any subdivision or site plan as a sight triangle easement. Within a sight triangle, no grading, planting or structure shall be erected or maintained more than 30 inches above the street center line or lower than eight feet above the street center line except for street name signs and official traffic regulation signs. Where any street or driveway intersection involves earth banks or vegetation, including trees, the developer shall trim such vegetation and trees as well as establish proper excavation and grading to provide the sight triangle.

On local streets the sight triangle is that area bounded by the intersecting street lines and a straight line which connects "sight" points located on each of the two intersecting street lines the following distances away from the intersection street lines: arterial streets at 130 feet; collector streets at 60 feet; and local streets at 35 feet. Where the intersecting street are both arterial, both collectors, or one arterial and one collector, two overlapping sight triangles shall be required formed by connecting the sight points noted above with a sight point 35 feet on the intersecting street. In the case of county roads, county regulations shall apply if applicable.

Any proposed development requiring subdivision or site plan approval shall provide sight triangle easements at each driveway with the driveway classified as a local street for purposes of establishing distances. In the case of a subdivision where actual location of driveways may not yet be established at the time of subdivision approval, the deed for the lot(s) involved in the said subdivision shall contain the requirement for the property owner to establish and maintain the sight triangle areas at street and driveway intersection as required by this section.

The classification of existing and proposed streets shall be those as defined in the adopted Master Plan or as designated by the Land Use Board at the time of the application for approval for a new street, not included in the Master Plan. Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and may be included in establishing the minimum setbacks required by the Schedule of District Regulations.[4]

[4]

Editor's Note: The Schedule of District Regulations and accompanying checklists are included as attachments to this chapter.

Streets.

All development shall be served by improved streets with an all-weather base and pavement with an adequate crown. Streets shall be designed in accordance with "A Policy on Geometric Design of Highways and Streets," American Association of State Highway and Transportation Officials (AASHTO), latest edition, and the "Asphalt Handbook for County and Municipal Engineers," New Jersey Society of Municipal Engineers (NJMSE), latest edition. Street design shall be based on their functional classification according to the United States Department of Transportation Federal Highway Administration's functional classification of highways. A standard local street shall have a cartway width of 40 feet consisting of two twelve-foot travel lanes and two eight-foot parking lanes. Depending on the nature of the neighborhood and intensity of use, curbs, sidewalks and utility areas may be required. Residential developments shall be governed by the N.J. Residential Site Improvement Standards, N.J.A.C. Title 5, Chapter 21.

When a development adjoins land capable of being developed or subdivided further, suitable provision shall be made for optimum access from the adjoining tract to existing or proposed streets.

Local streets shall be designed to discourage through traffic.

To conserve energy and permit the greatest potential for buildings to a have a southern exposure, all new streets shall have an east/west orientation whenever possible considering topographic features and existing land use patterns.

Developments bounded by arterial or collector streets.

In all residential districts, development bounded by an arterial or collector street shall control access to such streets by having all driveways intersect minor streets. Where the size, shape, location, or some other unique circumstances may dictate no other alternative than to have a driveway enter an arterial or collector street, the lot shall provide on-site turnaround facilities so it is not necessary to back any vehicle onto an arterial or collector road and butting lots may be required to use abutting driveways with one curb cut. All lots requiring reverse frontage shall have an additional 25 feet of depth to allow for the establishment of the buffers outlined below unless such buffers are established in a reserve strip controlled by the Township, county or state.

That portion of the development abutting an arterial or collector street right-of-way shall either be planted with nursery grown trees to a depth of not more than the 25 feet as a buffer strip along the right-of-way line and for the full length of the development so that in a reasonable period of time a buffer area will exist between the development and the abutting roadway or, where topography permits, earthen berms may be created at a sufficient height to establish a buffer between the development and the roadway. Berms shall not be less than five feet in height; they shall be planted with evergreens and deciduous according to a landscaping plan so as to be designed to have no adverse effect on nearby properties. All trees shall be of nursery stock having a caliper of not less than 2 1/2 inches measured three feet above ground level and be of an approved species as set forth in Subsection AA herein. They shall be of symmetrical growth, free of insect pests and disease, suitable for street use, and durable under the maintenance contemplated.

(f)

In all developments the minimum street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule, but in no case shall a new street that is a continuation of an existing street be continued at a width less than the existing street although a greater width may be required in accordance with the following schedules. Where any arterial or collector street intersects another arterial or collector street the right-of-way and cartway requirements shall be increased by 10 feet on the right side of the street(s) approaching the intersection for a distance of 300 feet from the intersection of the center lines.

Street Classification	ROW Width (feet)	Traffic Lanes (feet)	Width between Curbs (feet)	Total Utility and Right-of-Way Outside the Curbs* (feet)
Arterial or major collector	66	2 @ 12	40	26
Minor collector	66	2 @ 12	40	26
Local street	50	2 @ 12	40	10

NOTE:
*	Shall be a minimum of four inches deep topsoil stabilized, fertilized and seeded with grass.

(g)

No development showing reserve strips controlling access to streets or another are, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to the Township Committee under conditions imposed by the Land Use Board.

(h)

In the event that a development adjoins or includes existing Township streets that do not conform to widths as shown on wither the Master Plan or Official Map or the street width requirements of this chapter, additional land along both sides of said street sufficient to conform to the right-of-way requirements shall be anticipated in the subdivision design by creating over-sized lots to accommodate the widening at some future date. The additional widening may be offered to the Township for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street right-of-way and shall be expressed on the plat as follows: "Street right-of-way easement granted to the Township of Commercial permitting the Township to enter upon these lands for the purpose provided for and expressed in this chapter. This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair or maintain any facilities installed in this area dedicated by ordinance or as shown on the plat or as provided for by any maintenance or performance guaranty. If a subdivision is along one side only, 1/2 of the required extra width shall be anticipated.

(i)

The actual design and construction of all streets or roads within the Township shall be subject to review and approval of the Township Engineer in accordance with the provisions of this chapter, any adopted Master Plan or Official Map and any other applicable ordinances of Commercial Township or acceptable engineering standards.

(j)

Where dead-end streets or culs-de-sac are utilized, they shall conform to the following standards:

Dead-end streets of a permanent nature (where provisions for the future extension of the street to boundary of the adjoining property is impractical or impossible) or of a temporary nature (where provision is made for the future extension of the street to the boundary line of adjoining property) shall provide a turnaround at the end with a right-of-way radius of not less than 50 feet and a cartway radius of not less than 40 feet. The center point for the radius shall be on the center line of the associated street or, if offset, to a point where the cartway radius also becomes a tangent to one of the curblines of the associated street. In all cases, the radius shall be sufficient to permit the maneuvering and turning of emergency vehicles, including fire trucks. The maximum radius of a cul-de-sac shall be 50 feet in zoning districts with a minimum lot width of 150 feet or more and 60 feet in zoning districts with a lot width requirement of less than 150 feet. The right-of-way radius of the turnaround shall be 60 feet and 70 feet for these respective zoning districts. No cul-de-sac turnaround shall exceed a radius of 70 feet except if an adequate landscaped circle is provided in which two-way traffic is maintained.

If a dead-end street is of temporary nature, provisions shall be made for removal of the turnaround and reversion of the excess right-of-way to the adjoining properties as off-tract responsibility of the developer creating the street extension when the street is extended.

A dead-end street or cul-de-sac shall provide access to a minimum of six lots and a maximum of 14 lots. No cul-de-sac shall exceed 750 feet in length measured from the intersecting street right-of-way to the end of the turnaround right-of-way.

(k)

No street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound the names of existing streets so as to be confusing therewith. The continuation of an existing street shall have the same name. The names of new streets must be approved by the Land Use Board.

(l)

Standards and specifications.

Streets for residential developments not having preliminary approval on, or submitted for approval after June 3, 1997, shall conform to the requirements of N.J.S.A. 40:55D-40.1 through 40.5 with respect to the Residential Site Improvement Standards. All other streets shall be constructed in accordance with the following standards and specifications:

[a]

Arterial roads and streets: six inches gravel base course; four inches bituminous stabilized base; two inches FABC-1 surface course.

[b]

Collector streets: six inches gravel base course; four inches bituminous stabilized base; two inches FABC-1 surface course.

[c]

Local street: eight inches gravel base course; two inches FABC-1 surface course.

Where subbase conditions are wet, springy or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least six to 12 inches below the proposed subgrade and filled with a suitable subbase material as determined by the Township Engineer. Where required by the Engineer, a system of porous concrete pipe, sub-surface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material shall be applied.

(m)

In the case of local streets within a development where the Township Committee determines that the length of the street and the nature of adjacent uses warrant such reduction in the width of the paved surface, the width required in Subsection Y(6)(f) may be reduced, but in no case shall the paved width of a local street be less than 26 feet.

(n)

Street signs shall be installed by the developer in a manner and of a material to be approved by the as recommended by the Township Engineer. All such signs shall be installed free of visual obstruction.

(o)

The developer of any subdivision or development shall provide for the installation of the underground service for and all poles and fixtures for streetlighting. Streetlighting shall be provided in accordance with the recommendations of the Township Engineer and as required by the Land Use Board. Adequate lighting shall be provided at all intersections and elsewhere as deemed necessary by the Land Use Board. The developer shall pay to the Township the costs of operation of said streetlighting (as determined by the standard rates of the servicing utility) until the street upon which said streetlights are installed is accepted by the Township Committee as a public street.

(p)

All streets and shoulder areas shall be paved in accordance with the standards and specifications of the Township Engineer based upon current engineering practice, the regulations of this chapter and other applicable ordinances, regulations and the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, as currently amended.

(q)

Whenever a development abuts or crosses municipal boundaries, access to those lots within the Township shall be from within the Township as the general rule. Wherever access to a development is required across land in an adjoining municipality as the exception, the Land Use Board may require documentation that such access is legally established, and that the access road is adequately improved and may condition issuance of building permits and/or certificate of occupancy on said lots to such access road's improvement as required herein.

Utilities.

New utility distribution lines and telephone lines to locations not presently served by utilities shall be placed underground, except those line which are located on or adjacent to active agricultural operations.

All electric utility transmission lines shall be located within existing rights-of-way on existing towers or underground to the maximum extent practical.

AA.

Vegetation and landscaping.

No development shall be carried out unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of threatened or endangered plants listed in applicable federal, state or local list of threatened or endangered plants.

All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.

Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:

Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated; and

Re-vegetate or landscape areas temporarily cleared or disturbed during development activities.

Applications for major development shall contain a landscaping or re-vegetation plan which incorporates the elements set forth in Subsection AA(5) below.

In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or re-vegetation plans prepared pursuant to Subsection AA(4) above or required pursuant to § 13.11D.2.c[5] of this chapter shall incorporate the following elements:

The limits of clearing shall be identified;

Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection and Energy in 1991 and periodically updated, shall be incorporated into the landscape design where practical;

Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure; and

Native shrubs and trees shall be used for re-vegetation or landscaping purposes within the Township. Other shrubs and trees may be used in the following circumstances:

When the parcel to be developed or its environs contain a predominance of shrubs and tree species not of a native species:

For limited ornamental purposes around buildings and other structures; or

When limited use of other shrubs or tree species is required for proper screening or buffering.

[5]

Editor's Note: So in original.

All shade trees shall have a minimum diameter of 2 1/2 inches measured three feet above the ground. Trees shall be planted in sufficient frequency to provide shade, shall be balled and wrapped in burlap, nursery grown, free from insects and disease, and true to species and variety. Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees, in which case those lots shall be replanted with trees to re-establish the tone of the area to conform to adjacent lots. Dead or dying trees shall be replaced by the developer during the next recommended planting season.

Off-street parking areas located in commercial or industrial zoning districts providing parking spaces for 100 or more vehicles shall provide suitable landscaping to break the monotony of the paved area. Divider strips and buffers, islands and other such landscaped areas within parking lots or areas shall be planted with grass, shrubs, bushes and shade trees in order to alleviate an otherwise barren expanse of open, paved or parking area and unsightly appearance and as an aid to stormwater disposal. Adequate provisions shall be made to ensure that such landscaping shall be maintained in good condition. Such planting shall be designed so as not to interfere or impair solar access for any structure or use located on the same property therewith, nor to cause visual obstruction for traffic using the property involved or streets abutting same.

Open space adjacent to buildings, not surfaced such as walkways, driveways, parking areas, utility areas or other required improvements in any multifamily residential project, shall be graded and seeded to provide a thick stand of grass or other ground cover material. Suitable and sufficient landscaping with trees and shrubs shall be provided for each dwelling units as approved by the Land Use Board. Once again care shall be taken to prevent interference with solar access to structures or units either now or in the future as plants and trees grow.

BB.

Visual obstruction. In any district, nothing shall be erected, placed or allowed to grow in such a manner as to materially impede vision between a height of 2 1/2 feet and 10 feet above the center line grade of an abutting street or streets within the sight triangle area as established elsewhere in this chapter.

CC.

Water quality.

All development permitted under this chapter shall be designed and carried out so that the quality of surface and groundwater shall be protected. Except as specifically authorized in this section, no development which degrades surface or groundwater quality or which establishes new point sources of pollution shall be permitted.

The owner of every on-site septic waste treatment facility shall, as soon as suitable septage disposal facility capacity is available, in accordance with the provisions of Chapter 326 of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq. and Section 201 of the Clean Water Act:

Have the facility inspected by a technician at least once every three years;

Have the facility cleaned at least once every three years; and

Once every three years submit to the Board of Health serving the Township a sworn statement that the facility has been inspected and cleaned and is functional, setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.

Use of the following substances is prohibited in the Township to the extent that such use will result in direct or indirect introduction of such substances to any surface, or ground or surface water or any land:

Septic tank cleaner; and

Waste oil.

No person shall apply any herbicide to any road or public utility right-of-way within the Township unless necessary to protect an adjacent agricultural activity.

The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986.[6]

[6]

Editor's Note: See N.J.S.A. 58:10A-21 et seq.

DD.

Water management.

All surface water runoff shall be managed in accordance with the standards contained in § 145-72CC, Water quality.

Inter-basin transfer of water between watersheds shall be avoided to the maximum extent practical.

Buildings serviced by a central sewage system shall be designed to include water saving devices.

EE.

Water supply.

Where water is accessible from a servicing utility, the developer shall arrange for the construction of water mains in such a manner as to make adequate water service available to each lot, dwelling unit or use within the development. The entire system shall be designed in accordance with the requirements and standards of the Township, County and/or State of New Jersey agency having approval authority and shall be subject to their approval. The system shall also be designed with adequate capacity and sustained pressure for present and probable future development.

Water supply facilities and systems shall be provided and installed in accordance with the specifications of this chapter and as required and approved by the Township Engineer. Said water supply facilities and systems shall be designed and installed for either immediate or future connection with a public or on-site community water supply facility or system approved by the appropriate state agency and the Township of Commercial. In areas where public water supply does not exist or is not expected to be provided within a reasonable period of time in the opinion of the Land Use Board, the Board may waive the requirement that water supply systems and facilities be installed to connect to or with a public system or facilities.

In those cases where a public water supply facility or system is not presently available and the site of the proposed development is unsuitable and unsafe in terms of public health, for individual, on-site water supply facilities, as determined by the New Jersey Department of Environmental Protection and Energy, Department of Health or other appropriate agency, an on-site community water supply system approved by the New Jersey Department of Environmental Protection and Energy and the Township of Commercial governing body, shall be installed. Said on-site system shall be provided in addition to the required installation of water supply facilities for those areas expected to be provided with public water supply facilities or systems within a reasonable period of time.

Where public water is not available, potable water supply shall be provided to each lot on an individual well basis. Appropriate and necessary testing within reason of land(s) proposed for development may be required by the Land Use Board so as to determine the suitability of the site, the proper location and evidence the site can provide for adequate water supply. Individual wells shall be designed and installed in accordance with the requirements and standards of the Township, county and/or state agency having appropriate jurisdiction.

FF.

Wetlands.

Development shall be prohibited in all wetlands and wetlands transition areas except as specifically authorized in this section.

Beekeeping shall be permitted in all wetlands.

Fish and wildlife management activities shall be permitted in all wetlands subject to the standards of this article and provided that the activities do not result in a significant adverse impact.

Low-intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating, and swimming, and other low-intensity recreational uses, shall be permitted, provided that any development associated with those other uses does not result in a significant adverse impact on the wetlands as set forth in § 145-72FF(9) below.

Docks, piers, moorings, and boat launches for the use of a landowner shall be permitted in all wetlands, provided that this use will not result in a significant adverse impact and conforms to all state and federal regulations.

Commercial or public docks, piers, moorings, and boat launches shall be permitted, provided that:

There is a demonstrated need for the facility that cannot be met by existing facilities;

The development conforms with all state and federal regulations; and

The development will not result in a significant adverse impact as set forth in § 145-72FF(9) of this chapter.

Bridges, roads, trails and utility transmission and distribution facilities and other similar linear facilities provided that:

There is no feasible alternative route or site for the facility that does not involve development in a wetland or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist;

The need for the proposed linear improvement cannot be met by existing facilities or modification thereof;

The use represents a need which overrides the importance of protecting the wetland;

Development of the facility will include all practical measures to mitigate the adverse impact on the wetland; and

Agricultural and horticultural use, as defined in § 145-3C of this chapter and limited by § 145-72FF(9).

(9)

A significant adverse impact shall be deemed to exist where it is determined that one or more of the following modifications of a wetland will have an irreversible effect on the ecological integrity of the wetland and its biotic components, including, but not limited to, threatened or endangered species of plants or animals:

An increase in surface water runoff discharging into a wetland;

A change in the normal seasonal flow patterns in the wetland;

An alteration of the water table in the wetland;

An increase in erosion resulting in increased sedimentation in the wetland;

A change in the natural chemistry of the ground or surface water of the wetland;

(f)

A loss of wetland habitat;

(g)

A reduction of wetland habitat diversity;

(h)

A change in wetland species composition; or

(i)

A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting or feeding.

(10)

Determination under § 145-72FF above shall consider the cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may affect the wetland.

Editor's Note: See N.J.A.C. 5:21 and N.J.S.A. 40:55D-40.1 et seq.