Township of Stafford, NJ Design Guidelines and Standards

Editor's Note: See Ch. 211, Zoning, particularly § 211-9.

General requirements.

Minor modifications or changes in approved plans and specifications may be effected only upon written approval of the Board Engineer, but some changes may require further review and approval of the Planning Board prior to making any changes.

Any application for development shall demonstrate conformance to design standards that will encourage sound development patterns within the Township. Where either an Official Map and/or Master Plan have been adopted, the development shall conform to the proposals and conditions shown thereon. The streets, school sites, etc., shown on the officially adopted Master Plan shall be considered in the approval of plats. In accordance with good design practices, extreme deviations from rectangular lot shapes and straight lot lines shall not be allowed unless made necessary by special topographical conditions or other special conditions acceptable to the approving authority. All improvements shall be installed and connected with existing facilities or installed in required locations to enable future connections with approved systems or contemplated systems and shall be adequate to handle all present and probable future development.

Land which the approving authority finds to be in areas identified in the Master Plan as having severe or moderate soil characteristics, particularly the land related to flooding, improper drainage, wetlands, adverse soil conditions, adverse topography, utility casements or other features which can reasonably be expected to be harmful to the health, safety and general welfare of the present or future inhabitants of the development and/or its surrounding areas, shall not be subdivided and site plans shall not be approved unless adequate and acceptable methods are formulated by the developer to solve the problems by methods meeting this chapter and all other regulations.

Whenever a development abuts or crosses a municipal boundary, access to those lots within the Township shall be from within the Township as the general rule. Wherever access to a development is required across land in an adjoining community as the exception, the approving authority may require documentation that such access is legally established and that the access road is adequately improved.

No buildings shall be erected, no existing buildings shall be enlarged or rebuilt nor shall any open space surrounding any building be encroached upon or reduced in any manner except in conformity with the yard, lot area and building location regulations designated for the district or zone in which the building or open space is located.

No lot shall be used in any zone nor shall any structure be erected, altered or occupied for any purpose except as indicated in each zone under permitted uses or conditional use permits, except that model homes and sales homes shall be permitted as a matter of right in all residential zones. Six model homes shall be permitted for each development.

No subdivision or site plan approval may be given unless each lot contained in the subdivision or site plan complies with all the requirements of the zone in which the lot is located, unless a variance is granted.

Each lot shall be provided with frontage on a street in accordance with the schedule of requirements.

(9)

No lot shall have erected on it more than one residential building, except as elsewhere permitted in this chapter.

Blocks. Block length, width and acreage shall be sufficient to accommodate the size lot required in the zoning district and to provide for convenient access, circulation control and traffic safety. Blocks over 1,000 feet long in residential areas shall be discouraged, but where they are used, pedestrian crosswalks and/or bikeways between lots may be required in locations deemed necessary by the approving authority and shall be at least eight feet wide and be straight from street to street. Blocks over 1,500 feet in residential areas shall be prohibited unless access to adjoining properties is not feasible due to prevailing physical characteristics or environmental reasons or would not provide for the extension of any new future streets in a logical, reasonable or practical fashion. For commercial and industrial uses, block lengths shall be sufficient to meet area and yard requirements for such uses and to provide proper street access and circulation patterns. In all cases, wherever feasible in the opinion of the Planning Board and Planning Board Engineer, all blocks shall be laid out in a curvilinear configuration with tangent sections being no more straight than 500 feet.

Lots.

Lot dimensions and area shall not be less than the requirements of the zoning provisions.

Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.

Each lot must front upon a public street, paved, with a right-of-way of at least 50 feet, except as otherwise provided herein.

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

Where two or more contiguous lots are under the same ownership, regardless of whether or not each may have been approved as a portion of a subdivision acquired by separate conveyance or by other operation of law, and one or more of the lots does not conform to the minimum area and/or dimension requirements for the zone in which it is located, the contiguous lots shall be considered as a single lot, and the provisions of this chapter shall apply.

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

Through lots with frontage on two streets will be permitted only under the following conditions: where the length of the lot between both streets is such that future division of the lot into two lots is impractical and access shall be to the street with the lower traffic function, and the portion of the lot abutting the other street shall be clearly labeled on the plat and in any deed that street access is prohibited.

Wherever deemed practical and feasible, all lots shall be laid out in a curvilinear fashion, with lot lines being radial to the curve.

(9)

In a subdivision abutting an expressway or arterial road one of the following shall be required:

[Added 1-31-1989 by Ord. No. 89-10]

The frontage shall be reversed so that the lots contiguous to such roadways will front on a street with a lower traffic function with an additional lot depth or width of 50 feet as an easement exclusively for buffering to be provided by the developer along the arterial street;

A marginal service road shall be provided along such arterial road and shall be separated from it by a raised/planting island divider strip of at least 20 feet in width; or

Such other means of separating through and local traffic and of providing a suitable buffer shall be provided as the board of jurisdiction may determine to be appropriate.

Bulkheading. All new developments on tidal lagoons, navigable waterways or other bodies of water, whether such water bodies are either existing or proposed, shall provide for bulkheading. All new development on nontidal bodies of water, whether such water bodies are either existing or proposed, shall provide for bulkheading or other appropriate permanent bank stabilization acceptable to the Planning Board. In no case shall bank slopes, bulkheads, ripraps, revetments or other elements of bank stabilization be located within required minimum yard areas.

§ 130-49 Soil erosion and sedimentation control.

All site plans and subdivisions shall incorporate soil erosion and sediment control programs phased according to the scheduled progress of the development, including anticipated starting and completion dates. The purpose is to control soil erosion and sediment damages and related environmental damage by requiring adequate provisions for surface water retention and drainage and for the protection of exposed soil surfaces in order to promote the safety, public health, convenience and general welfare of the community.

No building permit shall be issued for any development application until all provisions of the State of New Jersey Soil Erosion and Sediment Control Act, P.L. 1975, c. 251, as amended,[1] have been satisfied.

Editor's Note: See N.J.S.A. 4:24-39 et seq.

§ 130-49.1 Pesticide contamination.

[Added 8-3-1999 by Ord. No. 99-38]

In the event that an area that was formerly used for agricultural purposes is to be developed as a residential site, a new or expanded school site, a day-care center or a playground, a sample of the soil must be tested for historical pesticides and, if necessary, must be properly remediated prior to site development.

Sampling must be conducted pursuant to the Department of Environmental Protection's Sealed Sampling Procedure Manual and analysis conducted by certified laboratories, pursuant to the technical requirements for site remediation, N.J.A.C. 7:26E-2.

Discreet samples should be taken at a depth of zero to six inches within the agricultural fields. If the extent of the foreign fields cannot be determined, the entire property must be sampled. Sampling frequency is dependent on the size of the site. Sites less than 10 acres must have one sample for every two acres, with a minimum of two samples. Sites greater than 10 acres must add one sample for every five acres.

All soils tested must not contain pesticide contaminants that exceed the Department of Environmental Protection's soil cleanup criteria. All samples must be analyzed for arsenic and lead, and a pesticide scan must be performed. All analytical results must be in writing and must be submitted to the Planning Board prior to approval of a site plan.

If contamination is detected, the Department of Environmental Protection must be contacted to oversee additional sampling and remedial action.

§ 130-49.2 Wet basins standards.

[Added 6-13-2000 by Ord. No. 2000-44]

There will be no excavation to within three feet of the seasonal high-water table, unless the excavation will serve as a recreational or wildlife resource or a water reservoir for public, agricultural or industrial uses or for any other use authorized in the area in which the site is located; provided that in no case shall excavation have a depth exceeding 65 feet below the natural surface existing prior to excavation unless it can be demonstrated that a depth greater than 65 feet will result in no significant adverse impact relative to the proposed final use or on off-site areas.

Minimum pond size: five acres.

Any ponds created as a result of the extraction operation shall have side slopes below the water level of 3 on 1 a minimum of 25 feet out from the edge of the water.

A design for the maintenance of the basin shall be provided, prepared by a New Jersey licensed engineer, for review and approval by the Zoning Officer and the Township Engineer to assure the viability of the pond. Said design will also be submitted to the Environmental Commission for its comments.

§ 130-50 Buffers.

[Amended 1-31-1989 by Ord. No. 89-10]

Buffer areas, as defined in this chapter, shall be developed in an aesthetic manner for the primary purpose of screening views, providing physical separation and reducing noise and glare beyond the buffer area. Buffer area widths shall be measured horizontally and perpendicularly to lot and street lines. No structure, activity, storage of materials or parking of vehicles shall be permitted in a buffer area. The preservation of all desirable existing vegetation in a buffer area shall be assured through sensitive grading and development practices. The standards for the location and design of buffer areas are intended to provide flexibility in order to provide effective buffers. The location and design of buffers shall consider the use of the portion of property being screened; the distance between the use and the adjoining property or street; differences in elevation; the type of buffer such as planting, berming, preservation of existing vegetation, a wall, hedge or fence; buffer height; buffer width; and other combinations of man-made and natural features. The buffer shall be designed, planted, graded or developed with the general guideline that the closer a use or activity is to a property line or the more intense the use, the more effective the buffer must be in obscuring light, vision and reducing noise beyond the lot.

In the Highway Commercial Zone, there shall be a thirty-five foot buffer area from the front property line and a fifteen-foot buffer area from the side property line. The only improvements to be constructed in this buffer area, other than landscaping, are to be those improvements necessary to provide ingress and egress to the subject site.

[Amended 4-18-1989 by Ord. No. 89-31]

In the Neighborhood Commercial and Local Business Zones, there shall be a fifteen-foot buffer area from the front property line and side property line; provided, however, that in regard to those lots which front on a state highway, there shall be a twenty-five-foot buffer area from the front property line. The only improvements to be constructed in this buffer area, other than landscaping, are to be those improvements necessary to provide ingress and egress to the subject site.

[Amended 4-18-1989 by Ord. No. 89-31]

In the Industrial Zone, lots having a depth of 300 feet or less shall have a forty-foot buffer area from the front property line. This buffer area shall be increased to 50 feet when the lot depth is greater than 300 feet. In addition, all lots shall have ten-foot buffer areas from the side and rear property lines. The only improvements to be constructed in these buffer areas, other than landscaping, are to be those improvements necessary to provide ingress and egress to the subject site.

[Added 2-19-1991 by Ord. No. 91-11[1]]

Editor's Note: This ordinance also redesignated former Subsections D, E and F as Subsections E, F and G, respectively.

In all other zones except residential, the minimum front buffer area shall be 35 feet, the minimum side buffer area shall be 15 feet and the minimum rear buffer area shall be 20 feet unless otherwise provided herein.

[Amended 4-18-1989 by Ord. No. 89-31]

In order to provide adequate buffering between uses of differing classifications, a buffer area shall be provided in conjunction with any nonresidential or higher density residential use abutting a lot zoned or used for residential purposes. The minimum width of such a buffer area shall be not less than 30 feet for a building or group of buildings up to 20,000 square feet in area, except in the HC Zone where it shall be no less than 50 feet. The width of the buffer area shall be increased one foot for each 1,000 square feet or fraction thereof if the building or group of buildings exceeds 20,000 square feet, up to a maximum buffer area width of 100 feet; except that, for light industrial uses, the minimum buffer width abutting a residential district shall not be less than 100 feet.

In residential subdivisions or site plans on any lot which abuts an expressway, arterial road or Route 9, a buffer area and additional lot depth or width of 50 feet shall be provided along the property line common with the expressway, arterial road or Route 9. Said additional lot depth or width of 50 feet shall be in addition to the requisite lot area, width, or depth in the applicable zone. Building setbacks for lots affected by this section shall be measured from the interior buffer line. No driveway access shall be permitted from the expressway, arterial road or Route 9.

[Amended 12-3-2002 by Ord. No. 2002-94; 11-5-2007 by Ord. No. 2007-99]

§ 130-51 Landscaping.

[Amended 1-31-1989 by Ord. No. 89-10; 2-21-1989 by Ord. No. 89-15; 2-21-1989 by Ord. No. 89-21; 11-21-1989 by Ord. No. 89-66; 2-6-1990 by Ord. No. 90-9; 11-1-1990 by Ord. No. 90-62; 9-18-2001 by Ord. No. 2001-69; 12-6-2005 by Ord. No. 2005-105; 11-5-2007 by Ord. No. 2007-99; 5-4-2010 by Ord. No. 2010-16; 11-20-2018 by Ord. No. 2018-23; 12-11-2018 by Ord. No. 2018-29]

General. All land subdivision and development shall comply with the minimum landscape architectural standards set forth herein or provide a more appropriate scheme relative to the specific aspects of a particular site or development proposal with the approval of the board of jurisdiction. The board of jurisdiction may require additional landscape development beyond the standards set forth if necessary to provide appropriate landscape development relative to the nature of the site and the development thereof. All landscape development should be designed to enhance the visual quality of the site and adjacent properties; provide safe vehicular and pedestrian circulation; protect against potential natural and man-made hazard; enhance the microclimate of areas for human activity; and promote the protection of health, safety and welfare.

Streetscape. Landscape architectural development of the streetscape shall be provided in conjunction with all development, on all existing and proposed roads upon which the site of development has or creates frontage. Improvements consistent with one of the following streetscape concepts, or an alternative concept of more appropriate design, shall be provided:

Formal tree-lined avenue. This type of streetscape development is appropriate for the majority of streets within the Township with the exception of those areas which are addressed by one of the other two concepts provided herein. The following standards shall apply:

Shade trees shall be provided along both sides of a street in the planting area provided between the street curb and the sidewalk as per § 130-66 and at a distance between trees of 30 feet to 50 feet, with trees which exhibit a narrow habit at a thirty-to-forty-foot spacing and trees which exhibit a spreading habit at a forty-to-fifty-foot spacing. (See Sketch No. 1.[1]) The trees shall be planted so as not to interfere with utilities, roadways, sidewalks, street lights, sight distances and driveway aprons and shall not be planted closer than eight feet to fire hydrants.

Editor's Note: Sketch No. 1 is included as an attachment to this chapter.

All trees shall have a minimum size of three inches to 3.5 inches caliper.

Subsequent or replacement plants shall conform to the type of existing tree in a given area, provided that, if any deviation is anticipated, it must be done only with the permission of the Township Landscape Architect and/or Environmental Commission. In a newly planted area, only one type of tree may be used on a given street, unless otherwise specified by the Township Landscape Architect and/or Environmental Commission.

Tree varieties which exhibit desirable characteristics, such as full symmetrical form, deep nonevasive root system and tolerance of potential drought and road salt, should be utilized.

Trees within a sight triangle or distance area shall be of sufficient size to be pruned to a seven-foot branching height with one main stem upon planting. Planting within a sight triangle or distance area must be approved by the Township Engineer.

Informal street trees. This type of streetscape development is appropriate along streets within areas of development with an informal character. This type of treatment should occur in areas of development with meandering curvilinear roads. The following standards shall apply:

Vary street tree varieties, spacing from the cartway (four feet to 15 feet) and sizes (two inches to six inches caliper, averaging three inches to 3.5 inches). Trees should be placed in an informal pattern with varied spacing. Some areas will have clustered trees, others may have an individual tree along a road. Planting design shall accentuate views and integrate contrasting landscape elements. (See Sketch No. 2.[2])

[2]

Editor's Note: Sketch No. 2 is included as an attachment to this chapter.

The total number of trees shall average one tree for every 50 linear feet of roadway on each side of the roadway.

If existing trees are preserved within 10 feet of the curb, the requirements for additional street tree plantings may be reduced.

Village streetscape. This type of streetscape development is appropriate along streets within areas designated as villages by the Stafford Township Historic Preservation Commission, i.e., Manahawkin, or as required by the board of jurisdiction. The objective shall be to provide street trees, paving, benches, lighting and other improvements to provide an ample, well-defined, unified and distinct pedestrian corridor along the streetscape. The following standards shall apply:

Provide street trees within the right-of-way in planting areas of at least 90 square feet in surface area. An acceptable ground cover or mass shrub planting shall be provided in all planting areas.

The quantity of trees shall be equivalent to one tree of three inches to 3.5 inches caliper for every 40 feet of frontage.

If existing trees are preserved within 10 feet of the curb, the requirements for additional street tree plantings may be reduced.

A walkway within the right-of-way of a minimum clear width of five feet shall be provided. In areas where site furnishings are provided, the walk width shall be widened to accommodate these amenities. (See Sketch No. 3.[3]) The walkway shall be constructed of a decorative pavement, i.e., brick pavers, as approved by the board of jurisdiction. All walks shall include ramps for handicap access at all street corners or road crossings. The decorative paving shall be continued across all ingress and egress drives as a crosswalk, providing a well-defined continuous pedestrian walkway.

[3]

Editor's Note: Sketch No. 3 was repealed 11-20-2018 by Ord. No. 2018-23.

(f)

Site furnishings such as period lighting, kiosks, bus shelters, trash receptacles and flagpoles shall be provided as appropriate or required by the board of jurisdiction. All site furnishings within an individual village area shall be of a consistent or compatible design style, color, material and location, subject to the approval of the board of jurisdiction.

(g)

Signage within the village streetscape area shall be of a consistent or compatible design style, color, material and location, subject to the approval of the board of jurisdiction.

(h)

All overhead utilities should be relocated underground whenever possible.

Cul-de-sac and traffic islands. Cul-de-sac and traffic planting islands provide the opportunity to soften the harshness of large paved areas, create visual interest, increase groundwater recharge, screen headlight glare into residences and preserve valuable existing vegetation. Planted traffic control islands should be provided as necessary and appropriate to define vehicular or pedestrian circulation. The following standards address the planting of islands in the turnaround portion of cul-de-sac roads; provided, however, that there remains sufficient turning radius for fire-fighting equipment and other emergency equipment. For other islands, a landscape design consistent with the concepts presented herewith should be provided. Planting of islands within parking areas shall conform to the standards set forth in Subsection G of this section.

If possible, preserve the existing trees in the area of the proposed island. Assure that the grading of the surrounding roadway is consistent with the existing grade at the dripline of the trees and provide adequate protection during construction. Limb all branches to a height of seven feet and remove all vegetation which exhibits a canopy between 30 inches and seven feet. Provide an adequate ground cover planting as necessary to completely cover all soil and discourage weed growth. All planting must be designed to consider the level of expected maintenance and provide a neat and clean appearance.

In areas void of existing stands of trees, planting similar to the following concept should be provided: provide one specimen tree of 4 1/2 inches to five inches caliper or three specimen trees of two and one-half (2 1/4) inches to three inches caliper for every 1,000 square feet of planting area with an adequate ground cover planting as necessary to complexly cover all soil and discourage weed growth at the time of planting. (See Sketch No. 4.[4]) All plant material must exhibit a mature canopy height under 30 inches or above seven feet with no more than three trunks in order to allow adequate visibility. All plants shall be tolerant of harsh, dry roadside conditions. All planting must be designed to consider the level of expected maintenance and provide a neat and clean appearance. Planting of islands within parking areas shall conform to the standards set forth in Subsection G of this section.

[4]

Editor's Note: Sketch No. 4 is included as an attachment to this chapter.

All planting within a sight triangle or distance area must be approved by the Township Engineer.

Extensive unplanted stone or mulch beds shall not be provided.

Stormwater management areas. Stormwater management areas include bioretention systems, constructed stormwater wetlands, detention and infiltration basins, drainage ditches and swales and wet ponds. Stormwater management areas shall be designed in accordance with the New Jersey Stormwater Best Management Practices Manual (BMP). Sensitively designed basin and soils can be a visually pleasing benefit to the health, welfare and safety of Stafford Township residents. The general design concept of these areas should be to deemphasize their function creating aesthetic landscape features.

The area shall be graded creatively to blend into the surrounding landscape and the design of the site, i.e., provide an informal meandering edge with varying slopes and gentle berming in locations emulating a natural parkland.

Location of plantings within stormwater management areas shall be as outlined within the New Jersey Stormwater Best Management Practices Manual, Chapter 7, "Landscaping."

Stormwater management areas shall be planted with shade trees at the rate of one tree for every 800 square feet of vegetated basin area, excluding sand bottom. Of this quantity, 10% shall be 2.5 inches to three inches caliper, 20% shall be 1.5 inches to two inches caliper and 70% shall be eight-foot to ten-foot height whips. Additional shrub and herbaceous plant material should be planted in accordance with the New Jersey Stormwater Best Management Practices Manual, Chapter 7, "Landscaping." Special preference should be given to those species of trees and plants which have known pollutant-removal abilities. When other ornamental plants are used, they shall be types compatible with the natural environment.

A complete planting plan for stormwater management areas shall be submitted for review and approval of the Township Landscape Architect.

All plant materials shall be species indigenous to the area as per New Jersey Stormwater Best Management Practices Manual, Chapter 7, "Landscaping."

Open space. As a landscape feature and asset, open space is encouraged in all developments, even when not required. The objectives of the landscape treatment of open space is to provide the opportunity and space for active and passive recreation in all areas of human activity and residence, to protect and enhance the Township's natural amenities such as wooded areas, water bodies and streams and to retain or create a visually pleasing image of Stafford Township. The following standards shall apply:

Preservation open space. This type of open space is appropriate in areas adjacent to and inclusive of natural amenities to be preserved, such as wooded areas, water bodies, streams, wetlands, etc. This type of open space shall be either deed restricted from future development by conservation easements or dedicated to the Township or another public or quasi-public agency or organization. The following standards shall apply:

During the site planning process it is appropriate to preserve valuable any unique natural amenities and designate them as preservation open space.

It is appropriate to remove all undesirable debris and materials from this area.

The provision of improvements such as pedestrian paths, picnic areas and planting may be required by the board of jurisdiction when appropriate to create a visually pleasing and beneficial environment. These areas shall be reforested to comply with the requirements of § 130-51H(3).

Recreational open space. Recreational open space includes lands provided for active and passive recreation and as additions to existing recreational open space. It can take on many forms, from a tot-lot or tennis and swimming complex in a residential development, to an English landscape garden in an office park development or an outdoor promenade or eating pavilion in a commercial or industrial center. The landscape architectural design of these areas shall address safety, visual interest, microclimate and use. The following standards shall apply:

Site amenities and walkways shall be provided as required by the board of jurisdiction. Suggested minimum improvements for residential open space include a tot-lot (play structure with slide and a separate swing set), seating and open lawn for field play. (See Sketch No. 8.[5]) Outdoor sitting and eating areas/plazas are appropriate for commercial, office and manufacturing developments.

[5]

Editor's Note: Sketch No. 8 is included as an attachment to this chapter.

These areas shall be reforested to comply with the requirements of § 130-51H(3).

If a recreation area fronts onto a roadway, a post and rail fence or other protective measures shall be integrated to provide protection and separation.

Buffers. Landscape buffers are planting, berms or grading and fences or walls provided within the landscape buffer area as designated in § 130-50, or as necessary, to visually soften or screen and enhance views and minimize or separate any adverse impacts or nuisances on a site from adjacent properties or roads. The designer and the board of jurisdiction should consider the dimension of a landscape buffer area, existing vegetation, structures and topography along with the intensity and type of land use involved relative to these standards to determine the appropriate landscape buffer. The board of jurisdiction may require a more or less significant landscape buffer if appropriate. The following standards are provided for particular types of buffer areas:

Nuisance landscape buffer. This type of landscape buffer is appropriate in buffer areas provided between commercial or residential uses and adjacent commercial or different residential uses or zones where a continuous visual screen is appropriate. The following standards shall apply:

All existing trees and valuable understory vegetation should be preserved, and the plans must specify appropriate grading and tree protection details to assure the preservation of the vegetation. The plans must clearly indicate all vegetation to be preserved and removed. If the board of jurisdiction deems it appropriate, supplemental planting should be provided to provide a complete visual screen. Quantities and types of supplemental plantings must respond to the deficiencies of existing vegetation and complement the existing vegetation and the overall design and must be indicated on the landscape plan. A minimum height of eight feet to 10 feet for evergreen trees, two feet to 2.5 feet for shrubs and a minimum caliper of 2.5 inches to three inches for shade trees shall be specified for all supplemental plantings. (See Sketch No. 9.[6])

[6]

Editor's Note: Sketch No. 9 is included as an attachment to this chapter.

Areas void of significant vegetation shall receive landscape architectural treatment including planting, berming, fences or walls as appropriate. Berms, fences or walls shall be provided at a height of four feet to eight feet, or as necessary to provide a visual screen, with the approval of the board of jurisdiction. The general design, form and materials of fences, walls and berms should relate to the overall design and the materials utilized for other structures on the site and be aesthetically pleasing from all sides. Planting should be provided in conjunction with berming, fencing or walls or may be provided solely to provide a complete visual screen and visually interesting and pleasing area. The following quantities and minimum size guidelines are provided. If berms, fencing or walls are provided, a decreased quantity of planting may be provided at the discretion of the board of jurisdiction. For every 100 linear feet of buffer area, measured at the longest line, the following must be provided:

Type	Quantity	Size
Evergreen trees	12	8 feet to 10 feet in height
Shade trees	3	2.5 inches to 3 inches caliper
Ornamental trees	As required	6 to 7 feet in height one to 1 1/2 inches caliper
Shrubs	As required	2 to 2 1/2 feet in height

Filtered buffer. This type of landscape buffer is appropriate in buffer areas or green space which is provided to soften the impact of a land use yet still allow views beyond the buffer area. In particular, this type of buffer shall be provided around the perimeter of all parking areas, internal site access roads or lanes and the perimeter of a site which abuts a lane, street, road, highway or an adjacent site and a complete visual screen is not appropriate. A buffer shall be provided to screen unsafe distractions such as glare from cars and light standards; to provide a visually pleasing environment; and to provide spatial definition to avoid confusion. The following standards shall apply:

All existing trees and valuable understory vegetation should be preserved, and the plans must specify appropriate grading and tree protection details to assure the preservation of the vegetation. The plans must clearly indicate all vegetation to be preserved and removed. If the board of jurisdiction deems it appropriate, supplemental planting should be provided to provide a filtered visual screen. Quantities and types of supplemental plantings must respond to the deficiencies of existing vegetation and complement the existing vegetation and the overall design and must be indicated on the landscape plan. A minimum height of six to eight feet for evergreen trees, two to 2.5 feet for shrubs, six to seven feet and one to 1.5 inches caliper for ornamental trees and a minimum caliper of 2.5 to 3.0 inches for shade trees shall be specified for all supplemental plantings.

Areas void of significant vegetation shall receive landscape architectural treatment, including planting, berming, fences or walls as appropriate. Berms, fences or walls should be provided at a height of two to four feet as necessary to provide an appropriate buffer. The general design, form and materials of fences, walls and berms should relate to the overall design and the materials utilized for other structures on the site and be aesthetically pleasing from all sides. Planting should be provided in conjunction with berming, fencing or walls or may be provided solely to provide an appropriate screen and a visually interesting and pleasing area emphasizing appropriate views. Parked vehicles shall be buffered as viewed from all areas outside of the parking area. The following quantities and minimum size guidelines are provided. If berms, fencing or walls are provided a decreased quantity of planting may be provided at the discretion of the board of jurisdiction. For every 100 linear feet of buffer area, measured at the longest line, the following must be provided:

Type	Quantity	Size
Evergreen trees	As required	6 to 8 feet in height
Shade trees	4	2.5 to 3.0 inches caliper
Ornamental trees	As required	6 to 7 feet in height 1 to 1 1/2 inches caliper
Shrubs	55	2 to 2 1/2 feet in height

Windbreak/heavy screening. This type of buffer is appropriate in buffer areas where the additional need of a windbreak to stop windborne debris from leaving a site is necessary or around objectionable facilities or utility structures where a dense complete visual screen is appropriate. This would include buffer areas around outdoor storage facilities, loading areas or solid waste disposal facilities (dumpsters) or when an undersized buffer area is provided and the standards specified in § 130-51F(1), Nuisance landscape buffer, are not sufficient at the discretion of the board of jurisdiction. The following standards shall apply:

Provide a fence, wall or planting which will create a dense complete visual screen. The height of the fence, wall or planting should be designed relative to the facility being screened and shall be subject to the approval of the board of jurisdiction. The general design, form and materials of fences or walls should relate to the overall design and the materials utilized for other structures on the site or the neighborhood and be aesthetically pleasing from all sides. Planting should be included in conjunction with any fence or wall.

If planting alone is provided, then a double staggered row of dense evergreen plants shall be specified. The spacing between individual plants shall be as necessary to provide a continuous hedge with plants touching at the time of installation. The installed and mature height of the plants must respond to the height of the area or facility being screened and the views from adjacent areas and shall be subject to the approval of the board of jurisdiction.

The plan submission should include an illustrative section drawing demonstrating the effectiveness of the buffer.

Reverse frontage buffer. This type of buffer shall be required where the rear yards of residential units and/or lots face or front on a roadway and when any yard of a residential unit or lot faces or fronts on an expressway, arterial roadway or Route 9. The following landscape architectural treatment shall be provided to screen and separate private residential spaces from the roadway.

The minimum width of the reverse frontage buffer shall be 50 feet.

All existing trees and valuable understory vegetation should be preserved, and the plans must specify appropriate grading and tree protection details to assure the preservation of the vegetation. The plans must clearly indicate all vegetation to be preserved and removed. If the board of jurisdiction deems it appropriate, supplemental planting, berms or walls should be specified to provide a complete visual screen. Quantities and types of supplemental plantings must respond to the deficiencies of existing vegetation and complement the existing vegetation and the overall design and must be indicated on the landscape plan. A minimum height of eight feet to 10 feet for evergreen trees, two feet to 2.5 feet for shrubs, six feet to seven feet, one inch to 1.5 inches caliper for ornamental trees, and a minimum caliper of 2.5 inches to three inches for shade trees shall be specified for all supplemental plantings. The need for and the height and design of supplemental berms or walls must respond to the deficiencies of existing vegetation and the proximity of the residential unit to the road. If the board of jurisdiction deems it appropriate berms or walls may be required.

Areas void of significant vegetation shall receive landscape architectural treatment, including planting, berming, fencing or walls as appropriate. Berms, fences or walls shall be provided at a height of three feet to eight feet averaging five feet or as necessary to provide a visual screen at the discretion of the board of jurisdiction. The general design, form and materials of fences, walls and berms should relate to the overall design and the materials utilized for other structures on the site and be aesthetically pleasing from all sides. The sidewalk layout shall be integrated with the buffer and the overall design and adjacent development when appropriate. Planting should be provided in conjunction with berming, fencing or walls or may be provided solely to provide a complete visual screen and visually interesting and pleasing area. (See Sketch No. 10.[7]) The following quantities and minimum size guidelines are provided. If berms, fencing or walls are provided, a decreased quantity of planting may be provided at the discretion of the board of jurisdiction. For every 100 linear feet of buffer area, measured at the longest line, the following must be provided:

Type	Quantity	Size
Evergreen trees	7	8 to 10 feet in height
Shade trees	5	2.5 to 3 inches caliper
Ornamental trees	1	6 to 7 feet in height 1 to 1 1/2 inches caliper
Shrubs	15	2 to 2 1/2 feet in height

[7]

Editor's Note: Sketch No. 10 is included as an attachment to this chapter.

Parking areas. The landscape architectural treatment of all parking areas shall be designed to promote safe and convenient circulation; to limit vehicular/pedestrian conflicts; to limit paved areas; to provide shade and reduce heat island effects; and to soften the overall visual impact of parking areas. The design of all parking areas shall comply with the requirements of § 130-81. Off-street parking and loading areas, with landscape architectural treatment shall be provided as follows:

Shade trees within the parking area shall be provided at a minimum rate of two trees for every 10 parking spaces. Preservation or relocation of existing trees greater than four inches diameter at breast height (dbh) is encouraged to meet this requirement. Landscape buffer area plantings are not to be considered to satisfy this requirement. (See Sketch No. 11.[8])

[8]

Editor's Note: Sketch No. 11 is included as an attachment to this chapter.

In the islands provided at the end of individual rows of parking spaces between access roads or aisles, planting shall be provided to buffer the view of parked cars, provide shade and cover the ground plane. The use of excessive quantities of unplanted bark or stone mulch shall be avoided.

Plant sizes shall be a minimum of 2.5 to 3.0 inches caliper and 13 to 15 feet in height for shade trees and two to 2.5 feet in height for shrubs. The spacing of shrubs provided as a buffer shall be as necessary to provide a continuous hedge or mass with plants touching at the time of installation, and species shall include, but not be limited to: euonymus alatus compactus; myrica pensylvanica; ilex glabra compacta; or any other species approved by the Township Landscape Architect.

Large parking areas shall be subdivided into modules as per § 130-81A(16). Separation of modules should be achieved by a landscape island of a minimum width of 10 feet Integration of pedestrian walkways within this island, aligned with building entrances or focal points, is encouraged and should be considered. (See Sketch No. 12.[9])

[9]

Editor's Note: Sketch No. 12 is included as an attachment to this chapter.

Pedestrian/vehicular conflicts shall be minimized through design, yet, when necessary, clearly indicated by a change of vehicular and pedestrian paving and plant materials. Integrated landscape islands with walks in lieu of parking spaces shall be provided in front of building entrances.

Parking lot lighting should be sited within landscape islands. Trees shall not hinder safe lighting coverage. Tree varieties and light photometrics and locations must be considered. Shade trees should be used to reduce glare to adjacent properties, buildings and roadways.

Parking decks or structures shall receive landscape treatment which softens the bulk and scale of the structures and screens the ground level cars from the public roads and buildings. Deck level planting shall be treated similarly to a parking lot on grade.

Where parking lot landscape islands are being used as water quality areas, the landscape island should be designed to accommodate the above-mentioned planting in conjunction with the water quality planting outlined within the New Jersey Stormwater Rest Management Practices Manual.

Green space. The landscape plan or site plan for all site plan and subdivision plan submissions shall address the planting of all green space in accordance with the standards set forth herein or another appropriate manner. In the site planning process, the provision and landscaping of green space or planting areas should be considered to enhance the visual quantity of a site and provide spatial or directional definition as follows:

A planting area and planting around all buildings as appropriate relative to the architecture, anticipated use and to limit pavement to that necessary for access and appropriate use shall be provided.

To provide immediate buffering, visual relief, and scale for large office, commercial, and industrial buildings (buildings of 10,000 square feet or larger) larger-size trees shall be provided near the building perimeter (within 75 feet). The quantity of trees shall be equal to one tree for every 100 feet of general building perimeter.

The tree size shall be based upon the height of the building as follows:

Building Stories	Tree Size (caliper in inches)
1 to 2	2.5 to 3.0
3	3.0 to 3.5
4 to 6	3.5 to 4.0

These trees shall be located in a manner consistent with architectural and site design and shall provide maximum visual impact. Preserved or relocated existing vegetation may be utilized to meet this requirement.

In all developments, trees shall be planted throughout a site at a rate of one tree per 5,000 square feet of upland lot area or fraction thereof. Of this quantity, 60% shall be shade trees at a minimum size of 2.5 to 3.0 inches caliper and/or evergreen trees at 10 to 12 feet in height, and 40% shall be shade trees a minimum size of two to 2.5 inches caliper and/or evergreen trees at six to eight feet in height. Existing, mature upland forest [containing a predominance of four inches in diameter at breast height (dbh) at the approval of the Township Landscape Architect] which are preserved and adequately protected and not injured during and subsequent to construction may be deducted from the quantity of trees required at the rate of one tree for every 2,000 square feet of mature upland forest. Only upland areas and existing trees which are located on the property being developed shall be considered for this requirement; trees within the right-of-way also are not to be considered. Plantings proposed to address other ordinance requirements may be credited toward the total number of trees required by this section, with the exception of the street tree requirements. An accurate limit of existing woodland to be cleared and planting sites for new plantings shall be indicated on the landscape plan, individual plot plan or site plan and must be submitted to the Township Landscape Architect for review and approval prior to preliminary approval.

In residential developments, besides the screening and street trees required, additional plantings or landscaping elements shall be required throughout the subdivision or site development for climate control, privacy or for aesthetic reasons in accordance with a planting plan approved by the board of jurisdiction. Planting sizes shall be in accordance with the provisions of § 130-51F(1)(b).

In nonresidential developments, all areas of the site not occupied by buildings and required improvements shall be appropriately landscaped with grading and planting of grass or other ground cover, shrubs and trees as part of the landscape plan approved by the board of jurisdiction. Planting of trees along streets and in front yard areas shall be provided as required by ordinance and as necessary to create a harmonious, pleasant view from all roads. The use of extensive unplanted stone or bark mulch beds shall be avoided. Planting sizes shall be in accordance with the provisions of § 130-51F(1)(b).

Pedestrian spaces. All site plan and subdivision plans shall address pedestrian spaces and circulation. The objectives shall be to promote free and safe movement of pedestrians and bicycles into, in between and through the proposed and existing facilities and to provide pleasant pedestrian spaces at building entrances and nodes. The following standards shall apply:

Pedestrian and bicycle access shall be provided from public roadways, parking lots and adjacent land uses where appropriate.

The layout of pedestrian walkways shall be consistent with the overall design. In natural landscapes, walkways shall meander through plantings and berms. Formal landscapes may require long straight walkways. The views of pedestrians shall be visually interesting.

Benches and sitting areas along pathways shall be provided where appropriate and particularly where they can incorporate or provide views of a significant landscape feature, recreational facility or interesting site design of the project.

Connections to open space areas and facilities on adjacent properties shall be provided. Pedestrian easements between lots with a paved walkway may be required.

Pedestrian bridges over streams, ravines or drainage swales shall be required when necessary to make connections in pedestrian system(s). They are subject to all regulatory agency permit requirements.

Pedestrian amenities such as kiosks, water fountains, pedestrian scale lighting and gazebos shall be provided where appropriate.

Bicycle parking for each building and adequate space for bicycle movements shall be provided.

Building entrances, plazas, exterior malls, promenades and nodes shall receive detailed pedestrian scale landscape architectural treatments. Pedestrian/vehicular conflicts shall be avoided through design. Building entrances shall be delineated by planting islands within the parking area. Plantings shall include shade trees, evergreen and ornamental trees and shrubs, as appropriate. The planting design shall provide visual variety and interest, spatial enclosure and separation from parking areas and protection from sun and wind. Sitting areas with benches or seat walls shall be provided as appropriate. (See Sketch No. 13.[10]

[10]

Editor's Note: Sketch No. 13 is included as an attachment to this chapter.

Amenities/resources. All land development plans shall identify and locate potential historical resources and natural amenities such as specimen trees (as defined in § 130-53), bodies of water, streams, wetlands, windbreaks, groves of trees, hedgerows, orchards, unique vistas, old or unique structures, farmsteads, villages and historic structures, and landmarks. During the site planning process the designer shall attempt to preserve and enhance these features for present and future residents as follows:

The architectural, site plan and landscape architectural design shall utilize these amenities for design themes, preserving their heritage and enhancing their significance.

Utilize the uniqueness of the existing specimen trees, bodies of water, groves of trees, hedgerows, historic structures and landmarks and farmsteads within the site plan as features and focal points.

Maintenance. Maintenance of landscape areas is a crucial part of any land development and must be addressed for all non-fee-simple residential development and all commercial development. Specifications for the perpetual maintenance of all outdoor areas on a site to assure a safe and attractive environment and to promote healthy growth of all plant materials shall be provided. This may take the form of a monthly schedule or a categorized guideline on the plans or in a separate document. The following areas shall be addressed: inspection, debris and weed control, irrigation, mulching, seasonal plantings, mowing of turf and wildflowers, pruning, fertilizer and amendments, insect and disease control, planting renovation, landscape structures, lighting and paved surfaces.

Underground automatic sprinkler systems. All new commercial development requiring either major site plan or minor site plan approval must install an automatic sprinkler system connected to a private well. The underground automatic sprinkler system shall be required to meet the standards and requirements of Chapter 208 of the Township Code entitled, "Water Conservation."

§ 130-52 Selective clearing.

An owner or developer shall remove only such trees, vegetation and underbrush as is necessary to construct and install the structure and improvements authorized by the Planning Board or Board of Adjustment. All sites should be developed, to the extent possible, in a manner which will result in the least amount of disturbance to the natural site. If final site plan or subdivision approval has not been granted by the Planning Board or Board of Adjustment, the owner or developer shall not remove or disturb any existing tree, vegetation and/or underbrush on the site, or in any other manner clear the site, until such final approval has been granted and any necessary zoning permits have been issued.

[Amended 11-5-2007 by Ord. No. 2007-99]

A developer may be permitted to perform selective clearing to remove dead or damaged trees, underbrush and undesirable vegetation. The areas and extent of selective clearing must be clearly indicated on the plan of the development and/or the grading and landscape plan. All selective clearing must be approved by the Township Landscape Architect or Zoning Officer prior to the commencement of any clearing. The site boundaries and limits of proposed improvements must be accurately staked out on the site for this review and approval.

[Amended 1-31-1989 by Ord. No. 89-10]

Where selective clearing is to occur in a required buffer area of a site or major subdivision, the developer shall be required to maintain a screening buffer in accordance with the buffer and landscape requirements as set forth in the Development Ordinance and shall be required to replace any planting removed in the course of selective clearing operations which is required as part of the buffer.

All selective clearing operations shall be performed in strict accordance with the New Jersey Stormwater Best Management Practices Manual, Chapter 2, "Low Impact Development Techniques," as well as all applicable state, federal and local regulations. All cleared material, including but not limited to trees, branches, stumps, brush, refuse and other deleterious matter, shall be removed from the site and disposal of in a sanitary landfill licensed by the State of New Jersey to accept such waste.

[Amended 12-6-2005 by Ord. No. 2005-105]

§ 130-53 Preservation of specimen trees.

Definitions. As used in this section, the following terms shall have the meanings indicated:

SPECIMEN TREES

The largest known individual trees of each species in the State of New Jersey. The New Jersey Department of Environmental Protection, Bureau of Forestry, maintains a list of such trees, which is incorporated herein by reference, or any trees which are equal to or larger than said listed trees; also, any trees so designated by the Stafford Environmental Commission.

Statement of legislative policy. Specimen trees are an irreplaceable scientific and scenic resource. Often these trees have also been associated with historical events. As such, it is the declared legislative policy of Stafford Township to preserve and protect specimen trees.

Development interfering with specimen trees prohibited. All development is prohibited that would significantly reduce the amount of light reaching the crown of a specimen tree, alter the drainage patterns within the site where the specimen tree is located, adversely affect the quality of water reaching the site where the specimen tree is located, cause erosion or the depositing of material in or directly adjacent to the specimen tree or otherwise injure the specimen tree. The site of the specimen tree extends to the outer limit of the buffer area to avoid adverse impact or 50 feet from the tree, whichever is greater.

Enforcement. The Zoning Officer of the Township of Stafford or his designee shall be the enforcement officer charged with the administration and enforcement of this section.

§ 130-54 Floodplain regulations.

The purposes of the following floodplain regulations are to implement the land use rules and regulations promulgated by the New Jersey Department of Environmental Protection for floodways and the flood-fringe portion of a flood hazard area, to discourage construction and regrading in flood hazard areas, to prevent encroachments into flood hazard areas which would obstruct or constrict the area through which water must pass and to prevent pollution of watercourses during low- or high-water periods by preventing the placing or storing of unsanitary or dangerous substances in the flood hazard areas.

The flood hazard design elevation shall be determined on an individual basis upon stream encroachment line data from the Division of Water Resources or, in the absence of that data, the flood elevation based on a one-hundred-year storm frequency. One or the other shall be delineated on the plat. In addition, the Planning Board Engineer may, upon receipt of the application and with the consent of the landowner and at the landowner's expense, determine the precise location of a floodway and flood-fringe area by close inspection, field survey or other appropriate method and cause, if requested, the same to be marked on the ground and on the plat and notify the owner, the New Jersey Department of Environmental Protection, Division of Water Resources, and the approving authority. The assistance of the United States Department of Agriculture, Soil Conservation Service, United States Army Corps of Engineers and the New Jersey Department of Environmental Protection, Division of Water Resources, may be sought to aid in delineating the flood hazard design elevation, except that, where state and federal agencies shall subsequently publish any reports which delineate the flood hazard design elevation of a watercourse, the report shall be the officially delineated flood hazard area as if the report were published in this chapter.

[Amended 12-20-1988 by Ord. No. 88-95]

Any lot containing a floodway portion of a drainage course and on which it is proposed to regrade and/or construct an improvement shall not be permitted unless the proposed use is permitted by this chapter, plat approval has been granted and a floodway permit has been issued by the New Jersey Department of Environmental Protection, Division of Water Resources, where required by the state.

Any lot containing a flood-fringe portion of the flood hazard area and on which it is proposed to regrade and/or construct an improvement shall not be permitted unless the proposed use is permitted by this chapter and until plat approval has been granted.

The procedure for reviewing any proposed regrading and/or construction shall be the same as set forth for plat review. No application shall be approved and no permit granted until all zoning violations have either been corrected or a variance granted.

Regulation of the flood-fringe portion of the flood hazard area shall be consistent in the approving authority's determination with the criteria and standards promulgated by the New Jersey Department of Environmental Protection governing the flood-fringe area.

The applicant shall submit maps, reports and other appropriate documents permitting the approving authority to evaluate whether the proposal has an inherent low flood damage potential, does not obstruct flood flows or increase flood heights and/or velocities, does not affect adversely the water-carrying capacity of any delineated floodway and/or channel, does not increase local runoff and erosion, does not unduly stress the natural environment of the floodplain or degrade the quality of surface water or the quality and quantity of groundwaters, does not require channel modification or relocation, does not require fill or the erection of structures and does not include the storage of equipment and materials.

Where a development is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream, there shall be provided and dedicated a drainage right-of-way easement to the municipality conforming substantially to the lines of such watercourse and such further width or construction, or both, as will be adequate to accommodate expected stormwater runoff in the future, based upon reasonable growth potential in the municipality. The minimum width of easement for channel sections shall be the maximum design top width of the channel section segment plus 20 feet, rounded to the next-highest five-foot increment. However, if the floodway is not ascertainable for a stream or open channel, the width of the drainage easement shall extend 50 feet beyond the top of the bank on both sides of the drainage course.

§ 130-55 Easements.

Easements along rear property lines or elsewhere for utility installation may be required but are discouraged. Such easements shall be at least 20 feet wide for one utility and five additional feet, if practical, for each additional utility and shall be located in consultation with the companies, municipal department concerned or other jurisdictional agencies and, to the fullest extent possible, be centered on or adjacent to rear or side lot lines.

Floodplains and conservation easements shall be indicated on the preliminary and final plats and shall be shown in such a manner that their boundaries can be accurately determined.

The removal of trees and ground cover shall be prohibited in a conservation easement or floodplain easement, except for the following purposes: the removal of dead or diseased trees; limited thinning of trees and growth to encourage the most desirable growth; the removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds or lakes; or approved conservation plans by the Soil Conservation District.

Such easement dedication shall be expressed on the plat as follows: the type of easement granted to the Township of Stafford and the appropriate agency.

§ 130-56 Water supply and sanitary sewer facilities.

The developer shall make application for review and obtain the necessary final approval from the Stafford Township Water and Sewer Utility Department and county and state regulatory agencies having jurisdiction. The entire system shall be designed in accordance with the jurisdictional utility and/or state agency having approval authority and shall be subject to its approval.

[Amended 11-20-2007 by Ord. No. 2007-110]

Where public water and/or sanitary sewers are not available, a potable water supply shall be provided to each lot on an individual well basis, and sanitary disposal shall be provided to each lot with an individual septic system. Such wells and septic systems shall be designed in accordance with the requirements and standards of the local, county and/or state agencies having jurisdiction thereof. However, in any event, a determination must be received, in writing, from the Stafford Township Water and Sewer Utility Department as to whether a comprehensive dry water system and dry sewer system shall be required.

[Amended 11-20-2007 by Ord. No. 2007-110]

Provisions shall be made in all major subdivisions for the installation of fire hydrants in those locations as recommended by the Stafford Township Volunteer Fire Company. All hydrants shall conform to the standard hydrant as accepted by the Township of Stafford, which shall conform to all current National Fire Protection Code Requirements. Fire hydrants shall be painted black until they become operational, at which time they shall be painted red.

All development that utilizes wet ponds for stormwater detention/retention purposes shall be required to utilize the water supply in said wet pond for lawn irrigation, if proposed. (See also § 130-77J.)

[Added 9-17-2002 by Ord. No. 2002-80]

Whenever an application is made for minor subdivision approval and/or major subdivision approval pertaining to new residential and/or nonresidential purposes, each applicant shall provide on each new lot for the utilization of private wells for irrigation and all other nonpotable water utilization purposes. The requirement that minor subdivision applicants and major subdivision applicants for new residential and/or nonresidential development purposes provide for the utilization of private wells for irrigation and nonpotable purposes shall not be construed to prohibit new or existing residential or nonresidential properties from utilizing the public water system for irrigation or nonpotable purposes. No cross-connections between the public water system and a private well source shall be created, implemented or used. Any person, firm or corporation who creates, implements or uses a cross-connection between the public water system and a private well source shall be in violation of this subsection and shall not be eligible for minor subdivision approval or major subdivision approval from the Planning Board.

[Added 11-20-2007 by Ord. No. 2007-110]

§ 130-57 Public utilities.

All municipal utility services and public services shall be connected to an approved municipal utility system and/or public utility system where one exists.

The developer shall arrange with the servicing utilities for the underground installation of utility distribution supply lines and service connections in accordance with the provisions of the rules and regulations of that utility and any applicable standard terms and conditions incorporated as part of its tariffs as the same are then on file with the State of New Jersey Board of Public Utility Commissioners.

The developer shall submit to the approving authority, prior to the granting of final approval, a written instrument from each serving utility, which shall evidence full compliance or intended full compliance with the provisions of this section; provided, however, that lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have theretofore been installed may be supplied with electric and telephone service utilities from such overhead lines. In the case of existing overhead utilities, should a road widening or an extension of service or other such condition occur as a result of the development and necessitate the replacement, relocation or extension of such utilities, such replacement, relocation or extension shall be underground.

Any installation, except streetlighting, to be performed by a servicing utility shall be exempt from requiring performance guaranties but shall be certified by the servicing utility, in writing, that all improvements have been satisfactorily constructed. The certification shall be provided prior to release of the performance bond. The installation of all utilities, including streetlighting, shall be the sole cost of the developer as per ordinances of the Township of Stafford.

On-site public utility uses necessary to supply needed services to the occupants of the proposed development, excluding switching stations, substations or storage facilities of any nature which must be provided above ground, may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following;

A statement is submitted setting forth the reasons that the proposed installation must be provided above ground in a specific location and why it is necessary and convenient for the efficiency of the public utility system or for the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.

The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.

Adequate and attractive fences and other safety devices will be provided.

Sufficient landscaping, including shrubs, trees and lawn, are provided and will be periodically maintained. Landscaping shall conform to § 130-51F(3) of this chapter.

[Amended 1-31-1989 by Ord. No. 89-10]

All electric, telephone, television and other communication facilities, both main and service lines servicing new developments, shall be provided by underground wiring within easements or dedicated public rights-of-way, installed in accordance with the prevailing standards and practices of the utility or other companies providing such services.

[Added 10-18-1988 by Ord. No. 88-83]

Lots which abut existing easements or public rights-of-way where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground. In the case of existing overhead utilities, should a road widening or an extension of service or other such condition occur as a result of the subdivision and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be underground.

[Added 10-18-1988 by Ord. No. 88-83]

Where overhead lines are permitted as the exception, the placement and alignment of poles shall be designed to lessen the visual impact of overhead lines as follows:

[Added 10-18-1988 by Ord. No. 88-83]

Alignments and pole locations shall be carefully routed to avoid locations along horizons.

Clearing swaths through treed areas shall be avoided by selective cutting and a staggered alignment.

Trees shall be planted in open areas and at key locations to minimize the view of the poles and the alignments.

Alignments shall follow rear lot lines and other alignments.

Year-round screening.

[Added 10-18-1988 by Ord. No. 88-83; repealed 1-31-1989 by Ord. No. 89-10]

Utility areas shall be planted with grass, ground cover or treated with other suitable cover material.

[Added 6-24-1997 by Ord. No. 97-51]

§ 130-58 Fire protection.

Wherever a central water supply system services a development, provision shall be made for fire hydrants along streets and/or on the walls of nonresidential structures as approved by the Fire Commissioners or Board and in accordance with fire insurance rating organization standards.

Where streams or ponds exist or are proposed on lands to be developed, facilities shall be provided to draft water for fire-fighting purposes. This shall include access to a public street suitable for use by firefighting equipment and construction of or improvements to ponds, dams or similar on-site or off-site development, where feasible. Such facilities shall be constructed to the satisfaction of the Board Engineer and Fire Department and in accordance with fire insurance organization standards.

All major site plans and major subdivisions, including cluster developments and multifamily developments, where permitted, shall be reviewed by the Stafford Township Fire Marshal. The applicant shall submit to the Fire Marshal or other appropriate fire officials complete plans of the proposed development and shall obtain from the Fire Marshal or appropriate fire official written comments as to what items shall be incorporated in the design of the proposed development to allow, at all times, adequate access for firefighting and emergency vehicles. The applicant shall incorporate in the site development all firesafety and fire-protection devices and provisions as required by the Stafford Township Fire Marshal or the appropriate fire official. In the case of all major site plans, fire hydrants conforming to the spacing and recommendations of either the National Fire Protection Association or the Stafford Township Fire Marshal or appropriate fire official shall be provided on the site plan and shall be a specific requirement of the Township of Stafford.

§ 130-59 Homeowners' association.

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

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

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

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.

The articles of incorporation, covenants, bylaws, model deeds and other legal instruments shall ensure that control of the organization shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied and shall clearly indicate that, in the event that such organization shall fail to maintain the common open space or common property in reasonable order and condition, the Township may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the common open space or common property in reasonable condition, and the notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice. At such hearing, the designated Township body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within 35 days or any permitted extension thereof, the Township, in order to preserve the common open space and common property and maintain the same for a period of one year, may enter upon and maintain such land. The entry and maintenance shall not vest in the public any rights to use the common space and common property, except when the same is voluntarily dedicated to the public by the owners. Before the expiration of the year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space and common property, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Township, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain the open space and property in reasonable condition, the Township shall cease to maintain the open space and property at the end of the year. If the Township shall determine that such organization is not ready and able to maintain the open space and property in a reasonable condition, the Township may, in its discretion, continue to maintain the open space and property during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township in any such case shall constitute a final administrative decision, subject to judicial review.

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

The homeowners' association shall, on or before July 1 of each and every year, furnish the Township Council with an annual report, including but not limited to the present disposition of all common areas and park areas owned, operated and maintained by the association. The report shall also include a list of current officers, their addresses and telephone numbers. The report shall contain a list of emergency telephone numbers at which one or more officers of the association can be reached by a Township official during any twenty-four-hour period.

§ 130-59.1 Lakes and streams.

[Added 10-18-1988 by Ord. No. 88-76]

The Township is a community of lakes and streams in a natural setting, and their preservation constitutes a cornerstone of the development plan for the Township in general. The approving authority, in ruling on a development plan application, shall take into consideration the effect which the proposed development will have on the lake and stream systems maintained in the Township and determine that no adverse effect leading to the destruction of the lakes and streams within the community or the geological or natural systems upon which the existence of the lakes and streams really will occur.

An applicant for development plan approval shall address in his application the effect which the proposal will have on lakes, ponds and streams either on the applicant's site, within 200 feet of the applicant's site or into which storm surface water drainage may be expected to flow. In particular, the applicant shall provide documentation that the proposed development:

Adverse impact: would not have an adverse effect on the ecosystem, geological or other natural systems of the lake, stream, pond and adjoining shorelines.

Conflicting uses: clearly establishes the proposed uses which are contemplated for the lakes, ponds and streams to assure that conflicting uses will not destroy the character and value of the lakes, ponds and streams.

Downstream: will not have an adverse effect in changing water quality or changing stream flow characteristics to the detriment of downstream property owners and interests.

Maintenance of proposed water levels: will not adversely affect the ability to maintain proper water level for existing lakes and ponds affected by applicant's proposal. In evaluating this proposal, it should be noted that pond levels be maintained at a six-foot to seven-foot depth.

Thermal stratification: will not create adverse conditions as a result of thermal stratification. In the event that adverse conditions are created, the applicant may be required to provide artificial aeration and agitation.

Situation: shall adequately provide for prevention of adverse siltation conditions in the development through the use of approved soil erosion and sediment control methods.

Water quality: shall maintain proper water quality through the elimination of contamination.

Eutrophication: shall adequately provide for the control of organic pollution resulting from man's activities (i.e., fertilizers, detergents or sewage).

§ 130-60 Miscellaneous performance standards.

Electricity. Electronic equipment shall be shielded so that there is no interference with any radio or television reception beyond the operator's property as the result of the operation of such equipment.

Glare. No use shall direct or reflect a steady or flashing light beyond its lot lines. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered and directed as approved on the site plan so that any glare, direct light, flashes or reflection will not interfere with the normal use of nearby properties, dwelling units and streets. Also see § 130-84, Lighting, in this chapter.

[Amended 12-20-1988 by Ord. No. 88-95]

Heat. Sources of heat, including but not limited to steam, gases, vapors or products of combustion or chemical reaction, shall not discharge onto or directly contact structures, plant life or animal life on neighboring uses or impair the function or operation of a neighboring use. No use, occupation, activity, operation or device shall cause an increase in ambient temperature, as measured on the boundary between neighboring uses.

Radioactivity. No use, activity, operation or device concerned with the utilization or storage of radioactive materials shall be established, modified, constructed or used without having first obtained valid permits and certificates from the Office of Radiation Protection, New Jersey Department of Environmental Protection. Proof of compliance with this requirement shall be the submission of duplicate copies of the permits and certificates.

Vibrations.

Standard. Ground-transmitted vibrations shall be measured with a seismograph or complement of the instruments capable of recording vibration displacement and frequency in the three mutually perpendicular directions simultaneously.

Vibration level restrictions. Vibration levels shall not exceed a particle velocity of five-tenths (0.5) inch per second in any district. During the hours of 9:00 p.m. to 7:00 a.m. in residential districts, vibration levels shall not exceed a particle velocity of two-tenths (0.2) inch per second. Measurements shall be made at the points of maximum vibration intensity and on or beyond adjacent lot lines or neighboring uses, whichever is more restrictive.

[Amended 12-20-1988 by Ord. No. 88-95]

Airborne emissions. In all districts, no use, activity, operation or device shall be established, modified, constructed or used without having obtained valid permits and certificates from the Bureau of Air Pollution Control pursuant to N.J.A.C. 7:27-8. Specifically, no use, activity, operation or device shall be established, modified or constructed without a valid permit to construct. No use, activity, operation or device shall be operated, occupied or used without a valid certificate to operate control apparatus or equipment. Proof of compliance with this requirement shall be the submission of duplicate copies of the permit to construct and certificate to operate. In addition to the requirements of the New Jersey Administrative Code, the following shall also apply:

Steam emission. No visible emission of steam, having an equivalent capacity greater than 60% and expecting direct results of combustion, shall be permitted within 500 feet of a residential district.

Toxic matter. Emissions of chemicals, gases, components or elements listed as being toxic matter by the American Conference of Governmental Hygienists, New Jersey Department of Labor and Industry or the United States Environmental Protection Agency shall not exceed the threshold level, as determined in accordance with ASTM D-1391, as currently amended. The emission of concentrations, levels or mass loadings in excess of the threshold value shall be permitted only if the emissions of the toxic matter comply with the applicable regulations of the New Jersey Administrative Code, the New Jersey Department of Labor and Industry and the United States Environmental Protection Agency. Proof of compliance shall require the submission of duplicate copies of certificates or permits pursuant to the New Jersey Administrative Code and the New Jersey Department of Labor and Industry approving the concentrations, level or loading proposed by the applicant.

Odorous matter. No odor shall be emitted that is detectable by the human olfactory sense at or beyond an adjacent lot line.

Noise emissions. All noise emissions must comply with the provisions and the standards set forth in Chapter 142, entitled "Noise," of the Municipal Code of the Township of Stafford. The provisions and standards of Chapter 142 of the Municipal Code of the Township of Stafford are hereby incorporated herein by reference as if set forth more fully herein and repeated at length.

[Amended 2-1-2000 by Ord. No. 2000-22]

§ 130-61 Open space and recreation.

[Added 10-18-1988 by Ord. No. 88-83]

All major subdivisions and residential site plans shall be required to provide open space. Developed open space is designed to provide active recreational facilities to serve the residents of the development. Undeveloped open space is designed to preserve important site amenities and environmentally sensitive areas.

Minimum requirements.

Amount of open space required. Five percent of the buildable area of the tract proposed for development shall be set aside for undeveloped and developed open space.

Size of open space parcels. The area of each parcel of open space designed for active recreational purposes shall be of such minimum dimensions as to be functionally usable and meet or exceed minimums set by the NRPA, National Recreation and Parks Association, or other standards acceptable to the approving authority.

Location of open space parcels. Open space parcels should be convenient to the dwelling units they are intended to serve. However, because of noise generation, they should be sited with sensitivity to surrounding development.

Improvement of open space parcels.

[Amended 1-31-1989 by Ord. No. 89-10]

Developed open space. The Planning Board or other approving authority may require the installation of recreational facilities and site improvements, taking into consideration:

The character of the open space land.

The estimated age and the recreation needs of persons likely to reside in the development.

Proximity of municipal recreation facilities.

The cost of the recreational facilities.

The landscape requirements set forth in § 130-51E(2).

Undeveloped open space. As a general principle, undeveloped open space should be left in its natural state. A developer may make certain improvements, such as cutting of trails for walking or jogging or the provision of picnic areas, etc. In addition, the Planning Board may require a developer to make other improvements, such as removal of dead or diseased trees, thinning of trees or other vegetation to encourage more desirable growth, planting as per § 130-51E and grading and seeding.

Exceptions to the standards. The Planning Board may permit minor deviations from open space standards when it can be determined that:

The objectives underlying these standards can be met without strict adherence to them; and

Because of peculiarities in the tract of land or the facilities proposed, it would be unreasonable to require strict adherence to these standards.

Deed restrictions. All lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Municipal Attorney that ensure that:

The open space area will not be further subdivided in the future.

The use of the open space will continue in perpetuity for the purpose specified.

Appropriate provisions are made for the maintenance of the open space.

Common undeveloped open space shall not be turned into a commercial enterprise admitting the general public at a fee.

Open space ownership. The type of ownership of land dedicated for open space purposes shall be selected by the owner, developer or subdivider, subject to the approval of the Planning Board. The type of ownership may include but is not necessarily limited to the following:

The municipality, subject to acceptance by the governing body of the municipality.

Other public jurisdictions or agencies, subject to their acceptance.

Quasi-public organizations, subject to their acceptance.

Homeowners', condominium or cooperative associations or organizations.

Shared, undivided interest by all property owners in the subdivision.

Homeowners' association. If the open space is owned and maintained by a homeowners' or condominium association, the developer shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for the preliminary approval. The provisions shall include but are not necessarily limited to the following;

The homeowners' association must be established before homes are sold.

Membership must be mandatory for each home buyer and any successive buyer.

The open space restrictions must be permanent, not just for a period of years.

The association must be responsible for liability insurance, local taxes and the maintenance of recreational and other facilities.

Homeowners must pay their pro rata share of the cost; the assessment levied by the association can become a lien on the property if allowed in the master deed establishing the homeowners' association.

The association must be able to adjust the assessment to meet changed needs.

Maintenance of open space areas.

In the event that a nonmunicipal organization with the responsibility for the open space fails to maintain it in reasonable order and condition, the Mayor and Council or Administrator may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be remedied within 35 days thereof and shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice.

At such hearing, the Mayor and Council or Administrator may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be remedied. If the deficiencies set forth in the original notice or in the modification thereof shall not be remedied within said 35 days or any permitted extension thereof, the municipality, in order to preserve the open space and maintain the same, may enter and maintain such land for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration date of said year, the Mayor and Council or Administrator shall, upon their initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Mayor and Council or Administrator, at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the municipality, continue for a succeeding year. If the Mayor and Council or Administrator shall determine that such organization is ready and able to maintain said open space in a reasonable condition, the municipality shall cease to maintain said open space at the end of said year. If the Mayor and Council or Administrator shall determine that such organization is not ready and able to maintain said open space in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the municipal body or officer in any such case shall constitute a final administrative decision, subject to judicial review.

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

§ 130-62 Solid waste management.

Provisions shall be made for the indoor or enclosed storage of garbage and refuse.

Outside garbage, when permitted, shall only be permitted in areas approved by the municipal agency. Such areas shall, as nearly as may be practicable, be shielded from public view and protected by adequate fencing and/or screening.

Screening of refuse areas. These areas adjacent to or within the parking area designated as refuse storage and pickup areas shall be properly screened to prevent the unsightly display and the scattering of debris. The following minimum requirements shall apply:

The area shall be surrounded on all sides by a uniform solid fence or masonry wall not less than five feet nor more than eight feet in height. The fence or wall shall be located and be of such type as to promote safety and ensure against creation of an unsightly condition. The fence must at all times be maintained so as to be kept in a sound, upright, fully repaired and painted condition or, if not painted, shall be made of such material as does not corrode, rust or change appearance if left unpainted. The opening in the fence or wall shall be so located as to prevent the visual display of refuse from any adjacent parking area, building, street or site.

[Amended 1-31-1989 by Ord. No. 89-10]

In addition, the fence or wall shall be of a design which is consistent with the architectural design of the principle building on the site or the style of the neighborhood, including gates, which shall screen from view, entirely, the refuse containers and refuse storage areas.

[Amended 1-31-1989 by Ord. No. 89-10]

No refuse enclosure or area shall be located in any area considered to be a front yard or in any area of a site which fronts on any street.

In addition to the fence or wall, plantings such as dense shrubs or trees shall be planted around the refuse enclosure to further screen the enclosure and enhance the enclosure aesthetically. All landscaping shall conform with § 130-51.

[Amended 1-31-1989 by Ord. No. 89-10]

Debris.

Materials accumulated by clearing, grubbing and excavation, as above described, shall be disposed of by the developer in a manner satisfactory to the Engineer, except that materials suitable for embankment shall be used for that purpose if needed therefor. Burying of the above materials will not be permitted in any case.

At the time of the tender of a plan for final approval for subdivision of real estate in this municipality, an estimate shall be made, for and on behalf of the municipality, by the Township Engineer as to the cost of removal of the development debris for the development. Before final approval of the plan, such estimate furnished by the Township Engineer shall be included in the guaranty to be furnished by the developer.

The Township Code Enforcement Officer shall keep a constant check on debris from the subdivision of land and construction of buildings and shall not permit accumulations in any real estate development. In the event that there is any substantial accumulation of such debris in any development, the Building Inspector shall forthwith give written notice to the developer to remove such debris from the real estate development. In the event that such debris is not promptly removed, the Building Inspector is hereby authorized and directed to refrain from giving certificates of occupancy for building permits until the debris is cleared up and removed.

Whenever the subgrade is established to be coincident with the existing ground surface, the vegetation and underlying topsoil of the existing ground surface within the excavation and embankment areas shall be stripped off to a depth of not less than four inches and not more than six inches. Street and roadway excavation shall be carried out so that the subgrade throughout the work is kept properly drained.

Excavated materials shall be placed in an embankment when suitable therefor or shall be used for backfill or other purposes. Material in excess of that required shall be disposed of by the developer, contractor or subcontractor.

Borrow excavation for road construction shall include the furnishing, transporting, placing and consolidating of materials required for embankment in excess of that obtained from other excavations and other incidental work. All borrow excavation shall be suitable for embankment and approved by the Township Engineer.

Storage and waste disposal.

In all districts permitting such an operation, use or any activity involving the manufacture, utilization or storage of flammable, combustible and/or explosive materials, such storage shall be conducted in accordance with the regulations promulgated by the Department of Labor and Industry of New Jersey or the Fire Code of the National Fire Protection Association, whichever is more restrictive.

All flammable, explosive and/or combustible material shall be stored in accordance with the National Fire Protection Association or the New Jersey Department of Labor and Industry Code, whichever is more restrictive.

All outdoor storage facilities for fuel, raw materials and products and equipment stored outdoors, wherever permitted, shall be enclosed by an approved safety fence and visual screen and shall conform to all yard requirements imposed upon the principal buildings in the district.

No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation or which will destroy aquatic life be allowed to enter any stream or watercourse.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)

All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers that are adequate to eliminate such hazards.

All commercial establishments shall provide for private garbage collection. No municipal garbage collection will be provided for commercial establishments by the Township.

§ 130-62.1 Maintenance of dumpsters and refuse containers.

[Added 4-19-2010 by Ord. No. 2010-11]

Purpose. The purpose of this section is to require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and to prohibit the spilling, dumping, leaking, or otherwise discharge of liquids, semiliquids or solids from the containers to the municipal separate storm sewer system operated by the Township and/or the waters of the state so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township of Stafford or other public body, and is designed and used for collecting and conveying stormwater. Note: In municipalities with combined sewer systems, add the following: "MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources."

PERSON

Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

REFUSE CONTAINER

Any waste container that a person controls, whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.

STORMWATER

Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.

WATERS OF THE STATE

The ocean and its estuaries, all springs, streams and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

Prohibited conduct. Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing. Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semiliquids or solids to the municipal separate storm sewer system operated by the Township.

Exceptions to prohibition:

Permitted temporary demolition containers.

Litter receptacles (other than dumpsters or other bulk containers).

Individual homeowner trash and recycling containers.

Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.

Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).

Enforcement. This section shall be enforced by the Township Police Department and/or other municipal officials of the Township.

Penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $1,000 for each dumpster or other refuse container that is not in compliance with the requirements of this section.

§ 130-63 (Reserved) [1]

Editor's Note: Former § 130-63, Sustainable development; "GREEN" design; LEED," added 11-5-2007 by Ord. No. 2007-99, was repealed 6-9-2015 by Ord. No. 2015-08.

§ 130-64 Small Wind Energy Systems. [1]

[Added 9-18-2008 by Ord. No. 2008-94]

Purpose. The purpose of this section is to:

Facilitate the permitting of small wind energy systems.

METEOROLOGICAL TOWER or MET TOWER

Preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of a small wind energy system.

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

A structure designed to support the gathering of wind energy resource data, and includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.

OWNER

The individual or entity that intends to own and operate the small wind energy system in accordance with this section.

ROTOR DIAMETER

The cross-sectional dimension of the circle swept by the rotating blades of a wind-powered energy generator.

SMALL WIND ENERGY SYSTEM

A wind energy system, as defined in this section, that:

Is used to generate electricity;

Has a nameplate capacity of 100 kilowatts or less; and

Is as high as necessary to capture the wind energy resource at a height determined to be necessary for optimum energy generation through prior testing with a met tower at the proposed location of the wind energy system.

TOTAL HEIGHT

In relation to a wind energy system, the vertical distance from the ground to the tip of a wind generator blade when the tip is at its highest point. Additionally, the total height of the tower shall not exceed the distance from the location of the tower to the closest property line.

TOWER

A monopole, freestanding, or guyed structure that supports a wind generator.

WIND ENERGY SYSTEM

A wind generator and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.

WIND GENERATOR

Equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.

Standards. A small wind energy system shall be a permitted use in the following zones subject to the following requirements: Medical/Medical Commercial, Highway Commercial, Stafford Business Park, Highway Medical Commercial, Mixed Use:

Setbacks. A wind tower for a small wind energy system shall be set back a distance equal to the Township's building setback requirements. If overhead power lines are located in close vicinity to the wind tower, the Zoning Officer may increase the setback requirement as necessary to reduce any public safety issue. No portion of the wind generator shall extend beyond the setback line, nor into the following:

Any public road right-of-way, unless written permission is granted by the government entity with jurisdiction over the road right-of-way.

Any overhead utility lines, unless written permission is granted by the utility that owns and/or controls the lines.

Access.

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.

All towers shall be constructed so as to limit access to only authorized personnel and shall contain appropriate safety measures to assure compliance with all federal and state occupational safety requirements.

Lighting. A small wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.

Appearance, color, and finish. The wind generator and the tower shall remain painted or finished in the color or finish that was originally applied by the manufacturer, unless a different color of finish is approved in the zoning approval. All components of the system shall be maintained in accordance with the most current requirements contained within the Property Maintenance Code and the Uniform Construction Code adopted by the Township.

Signs. There shall be no signs that are visible from any public road posted on a small wind generator system or any associated building, except for the manufacturer's or installer's identification, appropriate warning signs, or owner identification.

Utility notification and interconnection. Small wind energy systems that connect to the electric utility shall comply with New Jersey's Net Metering and Interconnection Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9 et seq.

Met towers. A met tower shall be permitted under the same standards, permit requirements, restoration requirements and permit procedures as a small wind energy system.

Permit requirements.

Permit. A zoning permit shall be required for the installation of a small wind energy system.

Documents. The zoning permit application shall be accompanied by three sets of a plot plan which includes the following:

Property lines and physical dimensions of the property.

Location, dimensions, and types of existing major structures on the property.

Location of the proposed small wind energy system tower.

The right-of-way of any public road that is contiguous with the property.

Any overhead utility lines within 300 feet of the outbound property lines.

(f)

Small wind energy system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed).

(g)

A plot plan showing all of the adjacent properties and the current zoning for all adjacent properties.

(h)

A study conducted by a licensed professional engineer certifying to the viability and feasibility of the small wind energy system at the proposed location.

Fees. The application for a zoning permit for a small wind energy system must be accompanied by the fee required for a zoning permit in addition to a fee in the amount of $1,000 to cover the costs for engineering review.

Expiration. A permit issued pursuant to this section shall expire if:

The small wind energy system is not installed and functioning within 24 months from the date the permit is issued; or

The small wind energy system is out of service or otherwise unused for a continuous eighteen-month period.

Building permit. All applicants must file the required information and documentation with the Construction Official and meet all of the requirements to obtain a building permit pursuant to the Uniform Construction Code.

Abandonment.

A small wind energy system that is out of service for a continuous eighteen-month period will be deemed to have been abandoned.

The Administrative Officer may issue a notice of abandonment to the owner of a small wind energy system that is deemed to have been abandoned. The notice shall be sent return receipt requested.

The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date, documenting evidence of why the small wind energy system should not be deemed abandoned. Such documenting evidence may include, but not be limited to, certifications, affidavits, photographic and videographic evidence and electric utility bills.

If the owner provides sufficient information that demonstrates the small wind energy system has not been abandoned as defined in Subsection E(1) above, the Administrative Officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.

If the Administrative Officer determines that the small wind energy system has been abandoned, the owner of the small wind energy system shall remove the wind generator and the tower at the owner's sole expense within six months after the owner receives the notice of abandonment.

If the owner fails to remove the wind generator and the tower in the time allowed under Subsection E(5) above, the Administrative Officer may pursue legal action to have the wind generator removed at the owner's expense.

Zoning permit procedure.

An owner shall submit an application to the Administrative Officer for a zoning permit for a small wind energy system. The Administrative Officer shall submit a copy of the application to the Township Engineer for review and recommendation.

The Administrative Officer shall issue a permit or deny the application within 10 days as consistent with Municipal Land Use Law of the date on which the application is received.

If the application is approved, the Administrative Officer will return one signed copy of the application with the zoning permit and retain the other copy with the application.

If the application is rejected, the Administrative Officer will notify the applicant in writing and provide a written statement of the reason why the application was rejected. The applicant may appeal the Administrative Officer's decision pursuant to the appropriate appeals authority. The applicant may reapply if the deficiencies specified by the Administrative Officer are resolved.

Violations.

It is unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with this section.

Small wind energy systems installed prior to the adoption of this section are exempt from the requirements of this section, except for the provisions at § 130-64E regarding abandonment.

Administration and enforcement.

This section shall be administered by the Administrative Officer or other official as designated by the Township Administrator.

The Administrative Officer may enter any property for which a permit has been issued under this section to conduct an inspection to determine whether the conditions stated in the permit have been met.

The Administrative Officer may issue orders to abate any violation of this section.

The Administrative Officer may issue a citation for any violation of this section.

The Administrative Officer may refer any violation of this section to legal counsel for enforcement.

Penalties.

Any person who fails to comply with any provision of this section shall be subject to enforcement and penalties as stipulated in chapter and section of the appropriate zoning code.

Nothing in this section shall be construed to prevent the appropriate Stafford Township board with jurisdiction from using any other lawful means to enforce this section.