Township of Delaware, NJ Article XI Design Standards and Improvements

§ 230-101 General.

A. Unless specifically exempted elsewhere in this chapter or superseded by the Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.), the standards and improvements in this article shall be applied to all development within Delaware Township. All development shall conform to the Master Plan and Land Use Ordinance. The street locations and classifications, drainage rights-of-way, school sites and public parks shown on the Master Plan shall be adhered to in all approved plats.

B. Where applicable, the standards set forth in this article shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township. The municipal agency may impose such additional requirements as are reasonably necessary to implement the standards set forth in this article. However, if the applicant can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of any portion of this article is impracticable or will exact undue hardship, the municipal agency may permit such waivers as may be reasonable and are within the general purpose and intent of the rules, regulations and standards established by this article.

§ 230-102 Easements.

A. Utility easements. Where major utility distribution lines are installed, easements shall be at least 50 feet wide and located in consultation with the utility companies and municipal departments concerned. For residential and commercial uses, setback lines shall be located 50 feet from the center of the outermost underground or aboveground fuel pipeline, or 50 feet from the border of an existing easement line. Where no easement currently exists, the setback line shall be located 100 feet from the outermost point of the utility structure.

B. Conservation and drainage easements. To ensure the protection of the following environmentally critical areas within the Township and to comply with the purposes and intent of the Municipal Land Use Law, the Master Plan of Delaware Township, and this chapter, a conservation and/or drainage easement may be required prior to subdivision or site plan approval on all wetlands, on slopes over 25% and along all watercourses a distance from each bank determined by the natural features of the site but in no case less than 50 feet from top of bank. Such easements shall conform in substance to those described in Appendix I, II, or III, whichever is applicable,[1] and shall be recorded by the applicant in the Hunterdon County Clerk's Office. Such easements shall also be indicated on all subdivision or site plan plats. Areas within the boundaries of such easements will be considered as part of proposed lots but shall be subtracted from the lot area when calculating coverage. The governing body may, upon the recommendation of the Environmental Commission, approve the placement of one or more appropriately inconspicuous signs marking the edge of the conservation easement area.

[1] Editor's Note: Said appendixes are included as attachments to this chapter.

C. Sight easements. Sight easements, as defined in § 230-5, shall be required at the intersection of a private accessway or a driveway with a street or at the intersection of two streets. Sight easements shall be 25 feet by 25 feet measured along the edge of the cartway, unless a larger area is specified elsewhere in this chapter or is required by another agency having jurisdiction over the higher-order street.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 230-103 Fence and hedge regulations.

A. Purpose. The intention of these requirements is to provide standards for the protection of the public health and safety as well as aesthetic values of adjacent property.

B. Height. A fence four feet or higher shall require a construction permit, except in an A-1 or A-2 Zone. On any lot in any residential or residential-commercial district, no wall or fence shall be erected or altered so that said wall or fence shall be over six feet in height, except agricultural fences, which shall not have a maximum height. Tennis courts in all zones may have a permitted height of 12 feet.

C. Fence safety. No fence in a village zone shall be erected of barbed wire, or electrified or topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons or animals. Such fences shall be permitted for agricultural uses in the A-1 and A-2 Zones.

D. Fence type. Solid architectural fences shall be required along all lot lines except the street line for all nonresidential lots where said lot lines abut residential zoning district lines. A solid wooden fence or similar fence easily entered by emergency apparatus shall be permitted. Such architectural fences may be made of any material that is aesthetically pleasing and prevents the dissemination of odors, noise, debris and sight across the residential zoning boundary. Fences used for this purpose shall not be less than six feet in height.

E. Fence maintenance. In any zone, walls or fences erected shall be maintained in an aesthetically pleasing manner, and any failure to do so shall be subject to the Construction Official's order to repair or replace the wall or fence in order to meet the requirements of this chapter.

F. Swimming pool fences. In all zones, there shall be a fence not less than four feet high completely enclosing any below-ground swimming pool and any other swimming pool less than four feet above the ground. Each gate in a pool fence shall be capable of being locked when not in use.

G. Finished side. The finished side of all fences shall be on the outside facing away from the lot on which it is erected. The intent of this provision is for safety purposes to prevent easy access from neighboring property.

H. Plant material in lieu of fence. Nothing in this section prevents the use of plant materials along any lot line in addition to the fence requirement, but plant materials cannot be substituted for the fence where a fence is required. Open chain link, chain link with plastic slats, or chain link with redwood slats shall not be considered to be an architecturally solid fence.

I. Fence drainage restriction. No wall or fence shall be designed or placed so as to restrict the natural flow of drainage or cause stagnant water conditions. Any wall or fence that is found to restrict the natural flow of drainage or cause stagnant water conditions shall be removed, relocated, or corrected by the owner upon order of the Construction Official.

§ 230-104 Home occupations/home-based businesses.

[Amended 4-14-2014 by Ord. No. 2014-02LU; 2-25-2019 by Ord. No. 2019-01]

A. A home occupation/home-based business as defined in this chapter is a permitted accessory use in any zone. A home occupation/home-based business must be conducted within the principal dwelling which is a bona fide residence of the person conducting the home occupation/home-based business, or in an accessory building on the same premises. The home occupation/home-based business shall be carried on within the dwelling unit or such accessory building, but the total aggregate area utilized for all home occupations/home-based businesses on such premises shall not exceed a total area equivalent to 40% of the total first floor area of the principal dwelling or 900 square feet, whichever is less.

B. No accessory equipment and/or materials shall be located within the front yard, or in the side yard setback, of any property and shall be located in such a manner that a person in the community would not be aware of its existence under normal circumstances.

C. The number of home occupation/home-based business employees who are not bona fide residents of the principal dwelling shall be limited to one. Notwithstanding the foregoing, it is recognized that a home occupation/home-based business may have an occasional gathering of employees on a short-term basis for a particular need. Enforcement of this exception shall be subject to the reasonable discretion of the Zoning Officer. The Zoning Officer's decision may be appealed to the Zoning Board of Adjustment.

§ 230-105 Improvements for major subdivisions.

Prior to the granting of final approval of a major subdivision, the developer shall have installed all improvements required by this chapter, or have furnished the guarantees hereinafter described. All improvements shall be subject to inspection and approval by the Municipal Engineer, who shall be notified by the developer as required in Chapter 319, Streets and Sidewalks, Article I, Roads and Improvements.

A. On-tract improvements, guarantees, surety, release.

(1) Performance and maintenance guarantees.

(a) Before recording of final subdivision plats or as a condition of final site plan approval, the municipal agency may require, for the purpose of assuring the installation and maintenance of on-tract improvements:

[1] The furnishing of a performance guarantee in favor of the Township in an amount not to exceed 120% of the cost of installation as calculated by the Municipal Engineer according to N.J.S.A. 40:55D53.4 for improvements deemed necessary or appropriate, including: streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyors' monuments as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.) water mains, culverts, storm sewers, sanitary sewers of other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and other on-site improvements and landscaping.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2] Provision of a maintenance guarantee to be posted with the governing body for a period of two years after final acceptance of the improvement as determined by the Municipal Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(b) In the event that other governmental agencies or public utilities will automatically own the improvements to be installed or if the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee for such improvements shall be required by Delaware Township.

(2) The amount of any performance guarantee may be reduced by the governing body, by resolution, when portions of the improvements have been certified by the Municipal Engineer to be completed. The time allowed for installation of the improvements, for which the performance guarantee has been provided, may be extended by said body by resolution.

(3) If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected and the Township may, either prior to or after the receipt of the proceeds thereof, complete such improvements.

(4) Preparation of list and report by Engineer.

(a) Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the Municipal Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A(4)(b), a list of all uncompleted or unsatisfactorily completed improvements. If such a request is made, the obligor shall send a copy of the request to the Municipal Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgement of the obligor. Thereupon, the Municipal Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(b) The list prepared by the Municipal Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of, and remedy for the unsatisfactory state of, each completed improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee.

(5) Approval or rejection of improvements.

(a) The governing body, by resolution, shall either approve the improvements determined to be completed and satisfactory by the Municipal Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Municipal Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements.

(b) If the Municipal Engineer fails to send or provide the list and report as requested by the obligor within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Municipal Engineer to provide the list and report within a stated time, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

(c) If the governing body fails to approve or reject the improvements determined by the Municipal Engineer to be completed and satisfactory or reduce the performance guarantee for the completed and satisfactory improvements within 45 days from the receipt of the Municipal Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the completed and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable completed and satisfactory improvements in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

(d) Any partial reduction granted in the performance guarantee pursuant to this section shall be applied to the cash deposit portion of the performance guarantee in the same proportion as the original cash deposit bears to the full amount of the performance guarantee.

(6) If any portion of the required improvements is rejected, the governing body may require the obligor to complete such improvements and upon completion, the same procedure of notification, as set forth in this section, shall be followed.

(7) Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the Municipal Engineer.

(8) Inspections; anticipated fees.

(a) All site improvements and utility installations for site plans, subdivisions, plot plans and other realty improvements shall be inspected during the time of their installation under the supervision of the Municipal Engineer and/or other officials or professionals serving the Township in order to insure satisfactory completion. The total cost of said inspections shall be the responsibility of the developer, who shall reimburse the Township for all reasonable inspection fees paid to the Municipal Engineer and/or other officials of professionals serving the Township. Prior to the start of inspections, the developer shall deposit with the Municipal Treasurer for payment of the inspection costs a sum equal to 5% of the amount of the estimated costs for the construction of the improvements as set forth in the itemized list appended to the performance guarantee or $500, whichever is greater.

(b) For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by the developer shall be 50% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall deposit the remaining 50% of the anticipated inspection fees.

(c) For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by the developer shall be 25% of the reasonably anticipated fees. When the balance drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall make additional deposits of 25% of the reasonably anticipated fees. The Municipal Engineer shall not perform any inspections if insufficient funds to pay for those inspections are not on deposit.

(9) In the event that final approval is by stages or sections of the development, pursuant to § 230-89 of this chapter, the provisions of this section shall be applied to each stage or section.

B. Required improvements.

(1) Monuments. Monuments shall be of the size and shape and shall be installed as required by the New Jersey Map Filing Law.[4]

[4] Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

(2) Streets and pavements. The developer shall design and construct streets and pavements meeting the specifications set forth in Chapter 319, Streets and Sidewalks, Article I, Roads and Improvements, except where the residential site improvement standards (N.J.A.C. 5:21 et seq.) are applicable. Private accessways, as permitted in §§ 230-16E(6) and 230-17E(5) and regulated in § 230-110, shall only be permitted to serve lots created by minor subdivision; all lots in a major subdivision shall be served by public streets.

(3) Interior roads. All major subdivisions shall provide for interior roads having the fewest feasible number of accesses to arterial streets unless the municipal agency determines upon satisfactory evidence that because of the size, shape, topographical condition or location of the tract in question interior roads are not required to promote the free flow of traffic and the safety of those using the existing public roadways.

(4) Curbs and sidewalks. The developer shall construct curbs, gutters and sidewalks when required by the municipal agency, in accordance with the specifications set forth in Chapter 319, Streets and Sidewalks, Article I, Roads and Improvements, except where the Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.), are applicable.

(5) Street name signs. Street name signs shall be placed at all street intersections within the subdivision. Street signs shall be of a type, size and design recommended by the municipal agency. Two signs on a pole shall be placed at each intersection on the near right-hand corner as viewed from the street that is expected to carry the greatest traffic through the intersection. If both streets are expected to carry equal traffic, the locations shall be determined by the Municipal Engineer.

(6) Traffic control signs. Traffic control signs shall be installed as directed by the applicable authority and in strict conformance with the Manual on Uniform Traffic Control Devices.

(7) Streetlights. Streetlights shall be installed by the developer if it is determined by the municipal agency that such lighting is necessary for public safety. Streetlights and poles shall be of a type recommended by the municipal agency and approved by the resolution of the governing body and by the electric utility company serving the proposed subdivision, and located so as to provide a minimum lighting level of 0.5 horizontal footcandle on all arterial streets. The developer shall provide for initial installation of any streetlights, the locations to be approved by the municipal agency. After final acceptance, operation and maintenance costs shall be the responsibility of the municipality.

(8) Utility installations. All utility lines and necessary appurtenances, including but not limited to electric transmission and electric, gas and water distribution, communications, streetlighting and cable television, shall be installed underground within easements or dedicated public rights-of-way. All power and telephone underground lines shall be confined to a five-foot easement with the street ROW immediately adjacent to one of the street ROW lines. Any additional easement width required shall be located on the abutting private property. The developer shall arrange with the serving utility for the underground installation of the utility supply lines and service connections in accordance with the provisions of the applicable Standard Terms and Conditions of the Tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners and shall submit to the municipal agency prior to the granting of approval a written instrument from each serving utility which shall evidence full compliance with the provisions of this section; provided, however, that lots in subdivisions which abut existing easements or public rights-of-way where overhead utility lines have theretofore been installed may be supplied with service from such overhead lines if no new utility poles are required. In any event, all new building service connections shall be installed underground.

(9) Storm drains and culverts. Where storm drains or culverts are required, on-site or off-site, all streets shall be provided with sufficient catch basins, storm sewers, culverts, water retention basins and other drainage appurtenances for the proper drainage of the area in the light of existing and future conditions. All such facilities shall be constructed in accordance with the standards and requirements set forth in the New Jersey Residential Site Improvement Standards. Where storm drainage improvements of culverts are required off-tract, the facilities' cost shall be prorated.

(10) Sewage disposal.

(a) Where a public sanitary sewer system is available on-site, each lot within a subdivision area shall be provided with sewage disposal facilities by the required extension of sewer mains and connections thereto, the costs thereof to be borne solely by the developer. Proof shall be supplied to the municipal agency that all aspects of the construction of the public sanitary sewer system conform to the Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.), and all other applicable state, county and municipal regulations. Such installations shall be subject to the approval of the Municipal Engineer.

(b) Where a development necessitates the extension of an off-tract sanitary sewer system, its installation shall be in accordance with Chapter 319, Streets and Sidewalks, Article I, Roads and Improvements, except where the Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.), are applicable, and shall be subject to the approval of the Municipal Engineer and the Delaware Township Municipal Utilities Authority (DTMUA). Cost allocations shall be as determined and approved by the Delaware Township Municipal Utilities Authority (DTMUA).

(c) Where a public sanitary sewer system is not reasonably accessible and where immediate installation of sewer lines and a sewage disposal plant is not required, the developer may be required by the municipal agency to install within the subdivision a complete capped sewer pipe system including provision for connection thereto at each lot, provided there is reliable information to indicate that connection of the development to a public sanitary sewerage system can be anticipated within six years. Under such circumstances, the developer shall be required to install individual sewage disposal systems for each lot at the time improvements are erected thereon in addition to dry-laid sewers.

(d) Individual subsurface disposal systems shall comply with N.J.A.C. 7:9A-3.2 and 3.16.

(11) Water supply.

(a) Where a public water system is available on-site or off-site, each lot within a subdivision shall be provided with public water facilities by the required extension of water mains and connections thereto, the costs thereof to be borne solely by the developer. Proof shall be supplied to the municipal agency that all aspects of the construction of a public water system conform to the Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.) and all other applicable state, county and municipal regulations. Such installations shall be subject to the approval of the Municipal Engineer.

(b) Where a development necessitates the extension of an off-tract water system, its installation shall be in accordance with the Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.) and the requirements of the applicable water company, and cost allocations shall be as determined by the applicable water company.

(c) Where a public water system is not reasonably accessible and where immediate installation of water lines is not required, the developer may be required by the municipal agency to install, within the subdivision, a complete capped water pipe system including provision for connection thereto at each lot, provided there is reason to believe that connection to a public water system can be anticipated within six years. In addition, the developer shall be required to install individual wells for each lot at the time improvements are erected.

(d) Whenever a well is required, the developer, prior to preliminary approval, shall submit testimony of or a statement by a qualified geologist that underground potable water is available in sufficient quantity and quality to serve the proposed subdivision and meet the requirements of §§ 230-88H and 230-122 of this chapter. Wells shall meet the requirements of all applicable regulatory agencies.

(12) Fire hydrants. Fire hydrants shall be installed when a central water supply exists or where one is proposed. Size, type and installation of fire hydrants shall be in accordance with the Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.), and shall be subject to inspection and approval by the Municipal Engineer and the Fire Chief.

C. Off-tract improvements.

(1) General. Prior to granting of final approval, the developer shall have installed or made cash payments toward the ultimate installation of off-tract improvements in accordance with the standards and conditions governing off-tract improvements. Off-tract improvements herein shall include, but not be limited to, installation of new improvements and extension and modifications of existing improvements.

(2) Estimate of cost and benefits. If an off-tract improvement is required, the municipal agency shall, with the aid of the Municipal Engineer and such other persons as have pertinent information or expertise, estimate: the cost of the improvement; and the amount by which all properties to be serviced thereby, including the developer's property, will be specially benefited therefrom.

(3) Improvements required. Developers shall be required, as a condition of approval of a subdivision or site plan, to pay their pro rata shares of the costs of providing reasonable and necessary street improvements and water, sewerage, and drainage facilities and easements therefor located outside the property limits of the subdivision or site plan but necessitated or required by construction or improvements within said subdivision or site plan. The criteria in this section shall be utilized in determining a developer's proportionate or pro rata share of necessary off-tract improvements. Where a developer pays the amount determined as the pro rata share under protest, such developer shall institute legal action within one year of such payment or forfeit the right to recoup the funds in question.

(4) Improvements to be constructed at sole expense of developer. In cases where the reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application and where no other property owners receive a special benefit thereby, the developer may be required as a condition of approval, at the developer's sole expense, to provide for and construct such improvement(s) as if such were on-tract improvement(s) in the manner provided in § 230-106B of this chapter and otherwise provided by law, or, in lieu thereof, the developer may be required to deposit with the Township a sum of money sufficient to allow the Township to acquire and/or improve such lands.

(5) Other improvements. In cases where the need for any off-tract improvements is necessitated by the proposed development and where it is determined that properties outside the development will also be benefited by the improvement, the following criteria shall be utilized in determining the developer's proportionate share of such improvements:

(a) Sanitary sewers. The capacity and design of the sanitary sewer system shall be based on "Rules and Regulations for the Preparation and Submission of Sewerage Systems, New Jersey Department of Environmental Protection," and all Delaware Township sewer design standards, including infiltration standards. For distribution facilities, including the installation, relocation or replacement of collector, trunk and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate share shall be computed as follows:

[1] The capacity of the existing system to serve the entire improved drainage area shall be computed. If the system is able to carry the total developed drainage basin, no improvement or enlargement cost will be assigned to the developer. If the existing system does not have adequate capacity for the total developed drainage basin, the prorated enlargement or improvement share shall be computed as follows (gpd = gallons per day):

Total enlargement cost or improvement cost Developer's cost

=

Total tributary gpd Developer's gpd

[2] If it is necessary to construct a new system in order to develop the subdivision, the prorated share to the developer shall be computed as follows:

Total project cost Developer's cost

=

Total tributary gpd to new system Developer's gpd

[3] The plans for the new, improved or extended system shall be prepared by the developer's engineer. All work shall be calculated by the developer and approved by the Municipal Engineer.

(b) Roadways. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvement not covered elsewhere, the construction or reconstruction of new or existing streets and other associated streets or traffic improvements, the developer's proportionate cost shall be determined as follows:

[1] The developer's engineer shall provide the Municipal Engineer with the existing and anticipated peak-hour flows for the off-tract improvement.

[2] The developer shall furnish a plan for the proposed off-tract improvement that shall include the estimated peak-hour traffic generated by the proposed development. The ratio of the peak-hour traffic generated by the proposed development to the future peak-hour traffic shall form the basis of the proportionate share. The prorated share shall be computed as follows:

Total cost of the roadway improvement and/or extension Developer's cost

=

Total future peak-hour traffic Additional peak-hour traffic generated by the development

(c) Drainage improvements. For stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, riprap, or improved drainage ditches and appurtenances thereto and the relocation or replacement of other storm drainage facilities or appurtenances associated therewith, the developer's proportionate share shall be determined as follows:

[1] The capacity and design of the drainage system to accommodate stormwater runoff shall be based on a method described in Urban Hydrology for Soil Watersheds Technical Release 55, Natural Resources Conservation Service, USDA, January 1975, as amended, and shall be computed by the developer's engineer and approved by the Municipal Engineer.

[2] The capacity of the enlarged, extended or improved system required for the subdivision and areas outside of the developer's tributary to the drainage system shall be determined by the developer's engineer, subject to approval by the Municipal Engineer. The plans for the enlarged or improved system shall be prepared by the developer's engineer, and the estimated cost of the enlarged or improved system shall be calculated by the Municipal Engineer. The developer's prorated share of the proposed improvement shall be computed as follows (cfs = cubic feet per second):

Total cost of enlargement or improvement of drainage facilities Developer's cost

=

Total tributary cfs Development's cfs

(d) Water supply and distribution facilities. Water supply and distribution facilities may be based upon the added facilities required by the total anticipated water use requirements of the development. If such facilities are within the jurisdiction of an autonomous water company, the regulations of that entity shall apply in lieu of the Township's.

(6) Computation of pro rata share by municipal engineer. In any case in which the developer fails to provide the approving authority with estimates by a qualified traffic consultant and/or consulting engineer with regard to estimated improvement costs and all other information necessary to apportion costs, the approving authority may rely on the estimates of the Municipal Engineer in order to prorate costs.

(7) Manner of construction. When the estimates are completed, the municipal agency shall recommend to the governing body whether the off-tract improvement is to be constructed:

(a) By the municipality as a general improvement; or

(b) By the municipality as a local improvement; or

(c) By the developer under a formula providing for partial reimbursement by the municipality for benefits to properties other than the development; and

(d) If monies are to be held in escrow for off-tract improvement(s) to be constructed at a later date.

(8) Escrow accounts. Where the proposed off-tract improvement is to be undertaken at some future date, the moneys required for the improvements shall be deposited to the credit of the Township in a separate account until such time as the improvement is constructed. In lieu of a cash escrow account, the developer may present an irrevocable letter of credit for the term required in a form acceptable to the Township Attorney. If the off-tract improvement is not begun within 10 years of deposit, all moneys and interest shall be returned to the developer or the letter of credit shall be surrendered. An off-tract improvement shall be considered begun if the Township has taken legal steps to provide for the design and financing of such improvement.

(9) Amount of contribution. When the estimated amount by which the subdivision will be specially benefited has been determined, the developer may be required to provide, as a condition of final approval of the development, a cash deposit to the municipality in the amount of such estimate. This requirement shall be applicable whether the improvement is to be constructed by the municipality as a general improvement or a local improvement or whether it is to be constructed by the developer. In all cases, the developer shall be required to enter into an agreement or agreements with the Township in regard to off-tract improvements, in accordance with this chapter and any other ordinances, policies, rules and regulations of the Township, county, state and any departments, authorities or agencies thereof.

(10) Assessment of properties. Upon receipt from the developer of its allocated share of the costs of the off-tract improvements, the municipality may adopt a local improvement assessment ordinance for the purpose of construction and installation of the off-tract improvements based upon the actual cost thereof. Any portion of the actual cost of the improvements not defrayed by the deposit from the developer may be assessed against benefiting property owners by the municipality. Any assessments for benefits conferred by a particular improvement that may be made against the developer or its successors in interest shall be reduced by the developer's pro rata share of the cost allocated to such improvement from the amount previously deposited by the developer with the Municipal Clerk.

(11) Credit for work performed. In the event the developer, with the municipality's consent, decides to install and construct the off-tract improvement, or any portion thereof, the certified cost shall be treated as a credit against any assessment for that particular off-tract improvement, or portion thereof, and the developer shall be entitled to the return of all or a proportionate part of the cash previously deposited by the developer with the Municipal Clerk.

(12) Installation of improvements by the applicant.

(a) The municipality may, at its discretion and option, enter into a contract with the developer to provide for the installation and construction of the off-tract improvements by the developer, upon contribution by the municipality of the remaining unallocated portion of the cost of the off-tract improvement.

(b) In the event the municipality chooses to contribute to the cost and expense of installation of off-tract improvements by the developer, the portion contributed by the municipality shall be subject to possible certification and assessment as a local improvement against benefiting property owners, if applicable.

§ 230-106 Landscaping regulations for all zones.

A. Purpose. The purpose of these regulations is to promote the following goals:

(1) To enhance the aesthetic and environmental character of the site being developed.

(2) To integrate to the maximum extent practical the existing native vegetation within the development and to preserve the biodiversity of the native plant communities and the wildlife which depend on them.

(3) To preserve or create contours and vegetation needed to maximize groundwater discharge.

(4) To maintain the natural hydrological pattern of watercourses within the site.

(5) To preserve and emphasize in the landscape design all natural features on the site such as trees, brooks, hilltops, ridges, ravines and rock outcropping.

(6) To preserve, to the extent possible, existing healthy trees on the site.

B. Landscaped areas. All disturbed areas of a site not used for agriculture or the construction of buildings, roads, accessways, parking or sidewalks shall be landscaped in accordance with these regulations.

C. Tree planting and landscaping plan. All applicants for site plans and major subdivisions shall submit to the Planning Board for approval a tree planting and landscaping plan for the site to be developed prepared by a licensed landscape architect, a New Jersey certified tree expert or a New Jersey approved forester. The plan shall show on a contoured map:

(1) The location of all areas that will not be developed or that cannot be developed by reason of federal, state, county or municipal laws or regulations.

(2) A delineation of all wooded portions of such areas indicating, in general terms, the species, composition, basal area and average diameter at breast height (dbh) of the trees within such wooded areas.

(3) The locations of all areas to be developed (including the areas to be used for streets and building sites) and a count by species and size of all existing living trees within such areas having a diameter at breast height (measured 4.5 feet above ground level) of six inches or greater.

(4) A count by species and size of all existing living trees having a diameter at breast height (measured 4.5 feet above ground level) of six inches or greater that are to be removed for whatever reason. The plan should show the present locations of the trees proposed to be removed.

(5) All other natural features on the entire site such as watercourses, wetlands, hilltops, ridges, ravines, and rock outcroppings.

(6) Proposed new vegetation to be planted in residential or commercial areas, common open spaces, parking areas, and the nondevelopable areas.

(7) Planted and/or bermed buffer areas proposed to be installed to protect adjacent residences from noise, dust and/or traffic disturbances or to protect adjacent agricultural uses from the impacts of encroaching residential development.

(8) The exact location within the entire site of all specimen trees, including their species, size (diameter at breast height) and approximate age. A specimen tree is one of unusual size (generally exceeding 30 inches dbh), age (100 years or older), rarity for this part of New Jersey or historical significance and that is of good health and vigor and free of hazardous defects.

(9) The approximate proposed locations, size (dbh), botanical and common names of all street shade trees to be planted.

D. Protection of existing trees. During development, all existing trees that are proposed to remain must be protected from injury due to grade changes, altered drainage patterns, compaction, excavating, filling, or stockpiling of soil. As a minimum, no disturbance shall be permitted to occur within a circular area measuring 1.5 times the extent of the tree canopy around each such tree. Such area shall be protected by snow fencing or other similar means. No specimen tree, no matter where located on the site, shall be removed unless it can be demonstrated that such removal is required to protect the health, safety, and welfare of the public.

E. Replacement of trees. Each tree removed, destroyed, or severely damaged within the developable areas during the site development shall be replaced according to the following formula:

	Each removed tree having a dbh measurement as listed in this column: (inches)	To be replaced by the number of trees listed in this column:
	dbh between 6 to 16	1
	16 to 18	3
	18 to 21	4
	21 to 24	5
	24 to 27	6
	27 to 30	7
	30 to 33	8
	33 to 36	9
	36 to 40	10
	Over 40	15

(1) The replacement tree shall have a caliper of at least 2 1/2 inches as measured two inches above the root crown.

(2) If trees have been removed by or at the request of the developer in anticipation of development, they are to be replaced on the same basis herein indicated.

(3) If the site is not large enough to suitably contain the replacement trees, the applicant may request or be required to contribute an amount equal to the then-current value of each unplanted tree to a fund established by the Township for environmental programs such as tree planting, tree maintenance or tree preservation on public lands or rights-of-way.

F. Additional trees. If the site contains no trees or few trees, a sufficient number of trees shall be planted therein at such location as to promote the purposes of these landscaping regulations. In evaluating the number, types, and location of proposed trees and/or shrubs, the Planning Board may rely upon the advice of the Township Arborist, who shall be guided by the purposes of these landscaping regulations.

G. Planting of trees and shrubs. All trees and shrubs to be planted on the site shall be obtained from a commercial nursery located within the Hardiness Zone of Delaware Township (unless otherwise approved by the municipal agency). The trees shall not be less than 2 1/2 inches in caliper measured two inches above the root crown and shall conform to American Standards for Nursery Stock ANSI 260-1-2990. A copy of the nursery receipts for the purchased nursery stock trees shall be provided to the Planning Board, the Township Arborist and the Municipal Engineer. It is strongly recommended that the following invasive exotic species should not be planted:

	Trees:
		Norway maple	Sycamore maple	European alder
		Osage orange	White mulberry	Amur cork
		White poplar
	Shrubs and Small Trees:
		Barberry	Amur privet	California privet
		Amur honeysuckle	Tartarian honeysuckle	Mock orange
		Multiflora rose	Rugosa rose	Euonymus spp.
		Russian olive	Autumn olive
	Vines:
		Porcelain berry	Oriental bittersweet	Kudzu
		Japanese honeysuckle	Japanese wisteria

H. Street shade trees.

(1) The developer shall install street shade trees as herein specified and remain responsible for their care, maintenance and health for a period of two growing seasons following their planting. The proposed maintenance schedule shall be approved by the Planning Board based upon the recommendations of the Township Arborist and/or as recommended in the New Jersey Tree Federation publication, Trees for New Jersey Streets, Third Edition.

(2) The street shade trees shall be planted by or under the supervision of a New Jersey certified tree expert or nurseryman certified by the New Jersey Landscape and Nurseryman's Association. The street shade trees shall be located between the street right-of-way line and the cartway, i.e., the surfaced portion of the street right-of-way area, and no closer than 25 feet from any existing or proposed streetlight or street intersection. Under appropriate circumstances, such as the possible interference of the shade trees with overhead or underground utility lines, the Planning Board may require an alternate location for the shade trees between the street right-of-way and the applicable front setback line. The street shade trees shall be spaced 30 to 50 feet on center, as recommended for the particular species in the New Jersey Shade Tree Federation publication, Trees for New Jersey Streets, Third Edition.

(3) The trees to be planted shall be non-grafted, single-stem trees selected from the List of Recommended Street Shade Trees herein. The listed trees are recommended because they will: reduce the long-term maintenance cost to the Township; provide the large shade tree characteristic of the old rural atmosphere intended to be fostered; provide a continuous roadside system characterizing the community; and enhance the native tree populations. This list is nonexclusive, but the use of nonnative species or smaller native trees such as dogwood, will, in general, not be approved. It is recommended that several species of shade trees be planted. Determination of the exact final location of the street shade trees should be postponed until the streets and utilities have been installed. At that time, the Township Arborist may recommend such variations in spacing and location of the trees as the physical circumstances and types of trees dictate.

(4) List of recommended street shade trees:

	Acer rubrum (red maple)
	Acer Saccharum (sugar maple)
	Celtic occidentalis (hackberry)
	Fagus sylvatica (beech)
	Fraxinus americana (white ash)
	Fraxinus pennsylvanica (green ash)
	Gingko biloba (male only) (Maidenhair tree)
	Gleditsia triancanthos (honeylocust)
	Liquidambar styraciflua (sweetgum)
	Liriodendron tulipifera (tulip poplar)
	Nyssa sylvatica (black tupelo)
	Platanus acerifolia (London plane tree)
	Quercus acutissima (Sawtooth oak)
	Quercus rubra (red oak)
	Quercus coccinea (scarlet oak)
	Quercus imbricaria (shingle oak)
	Quercus phellos (willow oak)
	Quercus palustris (pin oak)
	Quercus velutina (black oak)
	Quercus shumardi (Shumard oak)
	Sophora japonica (scholar tree)
	Tilia americana (American linden)
	Tilia cordata (littleleaf linden)
	Tilia tormentosa (silver linden)
	Zelkova serrata (Zelkova tree)

I. Natural features. Natural features such as brooks, wetlands, hilltops, ridges, ravines and rock outcroppings shall be preserved in their natural state, to the extent possible, in the landscape design.

J. Topsoil protection. Topsoil that shall be removed in the course of regrading a subdivision shall not be used as fill. At least six inches of topsoil shall be left on the ground and shall be stabilized by seeding or planting. Excess topsoil may be removed from the site to another location within the Township only with the written approval of the Municipal Engineer.

K. Additional landscaping regulations for commercial and industrial zones.

(1) A minimum landscaped area five feet wide shall be provided along all property lines, including public streets.

(2) In all zones where a commercial or industrial development zone line abuts a residential zone, a twenty-five-foot landscaped buffer must be established and maintained.

(3) All buffers and landscaped areas shall be protected from adjacent parking areas by curbs, or concrete, metal or wood bumpers at least six inches in height and securely anchored into the ground.

(4) Service areas, parking areas, transformer compounds, and other strictly utilitarian improvements shall be screened as fully as practicable. In general, it is intended that possible objectionable or unsightly features within a given development shall be screened from passing traffic or abutting residential properties.

(5) In the case of a repetition of building designs, care shall be exercised to avoid monotony in the planning design by introducing sufficient variety in the planting layout to create interest and aesthetic appeal. However, excess variety should be avoided.

(6) All new street trees and on-site deciduous shade trees shall be not less than 2 1/2 inches in caliper, measured two inches above the root crown, at time of planting. Where existing trees are not present or have not been preserved, a reasonable number of trees, as determined by the municipal agency, with a caliper of not less than 2 1/2 inches, measured two inches above the root crown, shall be planted on the site.

(7) An appropriate amount of evergreen plant material to be determined by the municipal agency shall be included on the site. Evergreen trees shall be not less than six feet in height at time of planting.

(8) Areas required for buffers shall not be cleared or graded prior to development approval.

(9) Off-street parking or loading shall not be permitted in any buffer area.

(10) A minimum of 15% of the entire site shall be devoted to landscaped areas in addition to all required buffers. In calculating landscaped areas, the areas of plazas, open or enclosed pedestrian shopping malls, sitting areas, pools and fountains shall be included. Landscaped areas within and between parking areas shall also be included.

§ 230-107 Off-street parking and loading regulations.

A. General regulations. Off-street parking, unloading and service requirements of this section shall apply and govern in all zones within the Township of Delaware unless superseded by the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.). Except as provided in this section, no application of a building permit shall be approved unless there is included with the plan for such building, improvement or use, a plot plan showing the required space reserved for off-street parking, unloading and service purposes. A certificate of occupancy shall not be issued unless the required off-street parking, unloading and service facilities have been provided in accordance with the approved plan. All driveways shall be designed and constructed in accordance with Chapter 167, Driveways, Article I, Driveway Construction.

B. Regulations applying to farm stands. Roadside stands and other temporary or permanent structures used predominantly for the marketing of farm products produced on the property are exempt from the parking and driveway standards of this chapter, except that such farm stands or structures shall provide for a gravel driveway from the road to the main place of parking, and shall provide for sufficient off-street parking at a minimum of 50 feet from all roads so that there is at no time an overflow on to a public road.

C. Duty to provide and maintain off-street parking and loading. No land shall be used or occupied, no structure shall be designed created, altered, used or occupied, and no use shall be operated unless off-street parking and loading facilities are provided in at least the amount and maintained in the manner required by this section.

D. Required material for parking area. Unless exempted elsewhere in this chapter, all parking areas shall be constructed of the maximum amount possible of pervious material that meets all other standards of this chapter.

E. Circulation.

(1) There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space.

(2) Roads, pedestrian walks and open spaces shall be properly related to existing and proposed buildings and appropriately landscaped.

(3) Buildings, parking areas and vehicular circulation shall be arranged so that pedestrian movement is not unnecessarily exposed to vehicular traffic.

(4) Materials and design of paving, lighting fixtures, retaining walls, fences, curbs, benches, etc., shall be of good appearance and easily maintained.

(5) The location and design of pedestrian walls should emphasize desirable views of new and existing development.

(6) The maximum separation of private automobiles and service vehicles shall be provided through the use of separate service lanes, where reasonably possible.

(7) Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping, and ease of access, and shall be developed as an integral part of an overall site design.

F. Required area for each parking space. Except as otherwise provided in the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.), each automobile parking space shall be not less than 10 feet wide, nor less than 20 feet deep, exclusive of passageways. In addition, there shall be provided adequate interior driveways to connect each parking space with a public right-of-way. In the case of parallel parking space, each space shall be not less than 10 feet wide, nor less than 22 feet long. Aisle space shall be not less than 24 feet wide for two-way ninety-degree parking; not less than 16 feet for one-way sixty-degree parking; and not less than 13 feet for forty-five-degree one-way parking.

G. Provision for proper drainage and maintenance. All off-street parking, off-street loading and service facilities shall be graded and drained to dispose of all surface water accumulation in a safe manner while preventing damage to abutting properties or public streets. Except for single-family uses, surfacing shall be designed to resist erosion and to promote aquifer recharge. Such drainage and materials shall be installed as required by the Planning Board and as recommended by the Municipal Engineer. All such areas shall at all times be maintained at the expense of the owner in a clean, orderly condition as dust-free as possible.

H. Separation from walkways and streets. All off-street parking, off-street loading and service areas shall be separated from walkways, sidewalks, streets or alleys by curbing or other protective devices as required by the Municipal Engineer.

I. Private walks adjacent to business buildings. A private walkway adjacent to a business building shall not be less than four feet in width.

J. Site plan. Location and dimensions of pedestrian entrances, exits, walks and walkways shall be indicated on the submitted site plans.

K. Connection to a public right-of-way. Each off-street parking, loading or service area shall be connected to a public street right-of-way by means of one or more driveways constructed in accordance with the requirements of Chapter 167, Driveways, Article I, Driveway Construction.

L. Off-street parking space within buildings. Garage space or space within buildings, in basements or on the roofs of buildings may be used to meet the off-street parking requirements of this chapter, provided all other requirements of this article have been met.

M. Pavement markings and signs. Each off-street parking space shall be clearly marked, and pavement directional arrows or signs shall be provided wherever necessary. Markers, directional arrows and signs shall be properly maintained to ensure their maximum efficiency.

N. Lighting. All parking areas, walkways thereto and appurtenant passageways and driveways serving commercial, public, office, industrial and other similar uses having off-street parking and loading areas and building complexes requiring area lighting shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. The lighting plan in and around the parking areas shall provide for non-glare, color-corrected lights focused downward. The light intensity provided at ground level shall be a minimum of 0.3 footcandle anywhere in the area to be illuminated, shall average a minimum of 0.5 footcandle over the entire area, and shall be provided by fixtures with a mounting height not to be more than 14 feet measured from the ground level to the center line of the light source or the height of the building if attached, whichever is lower, and spacing not to exceed five times the mounting height. Any other outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent parking and ornamental light, shall be shown on the lighting plan in sufficient detail to allow determination of the effects to adjacent properties, traffic safety, and overhead sky glow. The objective of these specifications is to minimize undesirable off-premises effects. No light shall shine directly into windows or onto streets and driveways in such manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, light shielding and similar characteristics shall be subject to site plan approval by the municipal agency.

O. Required off-street parking area shall not be reduced. No off-street parking area shall be reduced in size or encroached upon by building, vehicle storage, loading or unloading, or any other use where such reduction or encroachment will reduce the off-street parking loading spaces that are required by these regulations.

P. Parking provided on same lot as main building. Off-street parking spaces for all uses shall be located on the same lot as the main building to be served, except as permitted in Subsections Q and R.

Q. Joint parking facilities. The off-street parking requirements for two or more neighboring uses may be satisfied by the allocation of the required number of spaces for each use in a common parking facility, provided that the number of off-street parking spaces is not less than the sum of individual requirements, and provided further, that there be compliance with all other provisions of these regulations.

R. Sharing of parking facilities. Off-street parking facilities for one use shall not be considered as providing the required facilities for any other use, except that 1/2 of the off-street parking space required by any use whose peak attendance will be at night or on Sundays, such as churches, theaters, and assembly halls, may be assigned to a use which will be closed at night or on Sundays. This provision will only apply with approval of the municipal agency and subject to review by the Board Attorney of applicable agreements and cross-easements.

S. Computing number of employees. For the purpose of this section, the number of employees shall be computed on the basis of the maximum number of persons to be employed on one shift, taking into consideration day, night and seasonal variations.

T. Fractional spaces required. When units of measurements determining the number of required off-street parking and off-street loading spaces result in the requirement of a fractional space, any fraction up to and including 1/2 shall be disregarded. Any units over 1/2 will require an additional space.

U. Off-street parking and loading within required front setback. In the C-1 Highway Commercial Zone, parking shall be permitted in the front yard, provided that a minimum five-foot landscaped area is established along the front and side lot lines. Within that area, shrubs, fences or any combination of screening material shall be utilized to buffer the parking and/or loading areas.

V. Paving location restrictions. Paving for parking, loading or access thereto, unless otherwise restricted, and except for entrance or exit drives crossing perpendicular to property lines, shall not be permitted within five feet of any property line. The buffer shall be suitably landscaped according to the provisions of § 230-106 of this chapter.

W. Other uses of off-street parking spaces prohibited. No required off-street parking or loading area shall be used for the sale, repair, dismantling or servicing of any vehicle, equipment, materials or supplies.

X. Parking area site layout. Parking areas shall be divided into lots separated by appropriate landscaping where possible. In addition, driveways and internal roads shall be separated from parking areas by curbed landscaped islands where possible. Landscaping for parking areas, except for single-family residences, shall be subject to approval as part of the submitted site development plans.

Y. Visitor off-street parking facilities. Visitor parking in industrial zones may be located in the front yard area subject to the approval of the site plan by the Planning Board. No employee parking shall be allowed in the front yard.

Z. Shared access. Nothing in this chapter is intended to prohibit the sharing of access by adjacent uses provided the common facility is a service drive, subject to the provisions of §§ 230-14F and 230-22D(2).[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

AA. Minimum required number of off-street parking spaces. Off-street parking spaces for the storage or parking of passenger vehicles of occupants, employees and patrons of main buildings and structures hereafter erected or enlarged shall be provided and kept available in amounts not less than specified in this section.

(1) Residential uses. The minimum required number of parking spaces to be provided in connection with residential uses shall be as regulated in the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.).

(2) Nonresidential uses. The minimum required number of parking spaces to be provided in connection with nonresidential uses in any given zone shall be in accordance with the following regulations:

(a) Auditorium, recreational establishment or other place of public assembly (including public schools): one parking space for each three fixed seats at capacity, or one space for each three memberships in a swim club, or one parking space for each 60 square feet of gross floor area in cases where the capacity is not determined by the number of fixed seats or swim club membership.

(b) Automotive gasoline and service stations: four parking spaces for each repair bay plus one space for each employee on maximum shift.

(c) Banks: one parking space for each 100 square feet of gross floor area.

(d) Churches and synagogues (and other houses of worship): one parking space for each three fixed seats at capacity, plus one parking space for each 60 square feet of gross floor area of meeting rooms that do not contain fixed seating.

[Amended 2-9-2004 by Ord. No. 2004-01LU]

(e) Club: one parking space for each 100 square feet of gross floor area.

(f) Home occupation: four parking spaces, including residential requirements.

(g) Manufacturing or industrial establishment, wholesale establishment or laboratory: one parking space for each employee employed at one time on maximum shift.

(h) Office, office building (not including medical and dental): one parking space for each 150 square feet of gross floor area.

(i) Offices, medical and dental: one parking space for each 100 square feet of gross floor area.

(j) Police and fire stations and post offices: one parking space for each 250 square feet of gross floor area.

(k) Restaurant or tavern (non-drive-in or non-fast-food franchise): one parking space for each 100 square feet of gross floor area.

(l) Retail store, personal service or custom shop, or studio: one parking space for each 200 square feet of gross floor area.

(m) Other uses not specifically listed: The same requirement as for the most similar listed use as determined by the Construction Code Official.

(n) Mixed uses: The total requirement shall be the sum of the requirements of the components separately.

(3) Agricultural uses. Nothing in this section shall be construed as a limitation upon the number, size or type of vehicles and parking spaces, which may be used as accessory to an agricultural use on a farm as defined in this chapter.

BB. Loading and unloading.

(1) General. On the same premises with every building, structure, or part thereof, erected and occupied for commercial, industrial, institutional or other uses similarly involving large vehicles to distribute materials or merchandise, there shall be provided and maintained on the lot adequate space for off-street standing, turning, loading and unloading services in order to avoid interference with public use of the streets, sidewalks, and other public rights-of-way.

(2) Size of space. All required space shall be at least 14 feet in width, 55 feet in length and have a minimum vertical clearance of 15 feet. Additional space for maneuvering, depending on the arrangement of the loading facilities, shall be provided.

(3) Number of spaces. Loading and unloading otherwise adequately provided for, shall be provided according to the following schedule:

(a) One space for 25,000 square feet gross floor area or less;

(b) Two spaces for 25,001 to 50,000 square feet;

(c) Three spaces for 50,001 to 75,000 square feet;

(d) Four spaces for 75,001 to 100,000 square feet;

(e) One space for each additional 50,000 square feet.

(4) Location. Loading and unloading areas shall be permitted only in the rear yard.

(5) Screening. Above-grade loading facilities shall be screened from public view by a solid fence or evergreen shrubs not less than six feet high.

§ 230-108 Sign requirements.

A. Permit. It shall be unlawful for any person to erect, repair, replace or alter any sign or other advertising structure as defined in this chapter, except those signs exempted under this section, without first obtaining a construction permit.

B. General regulations.

(1) All signs shall be limited to the lot or parcel to be sold or the premises where the business or service is conducted.

(2) The maximum permitted area of each sign shall be the size of one side only. The area of the sign shall include each and every part of the sign including molding and frames. Where the sign is supported by a post or pylon whose surface is being used for advertising purposes, the area of the post, pylon or other supporting members shall be considered as part of the total allowable sign area. Wherever the name or advertising message on a sign is divided between the number of panels or parts, all of the panels or parts shall be considered as one sign. Where a sign consists of individual letters or members, the area of the sign shall be considered as the total area of the smallest rectangle or rectangle which can enclose all of the letters or numbers.

(3) Signs erected flat against the side of a building shall not extend above the height or beyond the sides of the vertical wall or cornice to which they are attached. Such facade signs shall not extend from the face of the wall on which it they are attached more than eight inches.

(4) Where the side or rear of a business structure adjoins a public parking area or a private parking area intended for the use of the structure in question, signs may be placed on said side or rear wall to identify the business use in the structure, subject to the maximum sign requirements of this chapter.

(5) No sign or any part thereof shall be located closer than 15 feet to any lot line.

(6) Any sign erected in conjunction with a specific use will be removed upon the discontinuation or removal of that use.

(7) The following types of signs shall not be permitted in any zone:

(a) A flashing, fluttering, animated or rotating sign.

(b) Signs with any lighting or control mechanism that may cause radio or television interference.

(c) Any sign so erected, constructed or maintained as to obstruct or be attached to any fire escape, window, door or opening used as a means of egress or ingress, or for firefighting purposes, or placed to interfere with any opening required for legal ventilation.

(d) Any sign that is of such a form, character or shape to confuse or dangerously distract the attention of the operator of a motor vehicle.

(e) Any advertisement which uses a series of two or more signs or units, placed in a line parallel to the highway, or in similar fashion, all carrying a single advertising message, part of which is contained on each sign.

(f) Signs that in any way simulate official, directional or warning signs erected or maintained by the State of New Jersey, county or municipality thereof, or by any railroad or public utility or similar agency concerned with the protection of the public health or safety.

(g) Billboard and/or outdoor display structures.

(h) Roof signs.

(i) Signs on railroad or vehicular overpasses.

(j) Signs with more than two display surfaces, sides, or faces, such as hinged, triangular, or box signs.

(8) All existing commercial and industrial signs erected prior to the enactment of this chapter, and which do not meet the requirements of this chapter regarding size, height, location or type, being therefore nonconforming signs, shall be permitted to remain for a period of five years after enactment of this chapter. This provision shall include signs for which a building permit was secured under the previous Zoning Ordinance, previously exempted signs, or signs which were considered legally nonconforming under the previous Zoning Ordinance. All other signs are illegal and subject to removal at any time.

(9) No sign shall be left illuminated during the period from 12:01 a.m. to 6:00 a.m. unless the business premises is open to the public during those times, unless the Planning Board determines that an illuminated sign is necessary for the protection of the property from theft or vandalism.

C. Exempt signs. The following signs shall be exempt from the requirement for a construction permit:

(1) Nonilluminated temporary signs advertising the sale or rental of the premises upon which they are situated, provided such signs do not exceed four square feet and are removed within a period of seven days after conclusion of sale or rental transaction.

(2) Professional signs indicating the name and profession of the occupancy of a dwelling, provided such signs do not exceed one square foot.

(3) Temporary signs inside windows of commercial establishments not covering more than 15% of the window area.

(4) Any signs forbidding trespassing, hunting, fishing or trapping as authorized by the Fish and Game Laws.

(5) Temporary signs indicating a political preference or a political cause not to exceed four square feet in residential zones or 12 square feet in any other zone. Such signs shall be removed within seven days after the election.

(6) Temporary charitable signs not to exceed four square feet. Such signs shall be removed within seven days of the charitable event.

(7) Decorative nonilluminated signs showing name and/or address of house or family which do not exceed one square foot.

(8) A limit of two signs per farm, not to exceed a total of 32 square feet.

D. Illumination.

(1) Illumination devices such as, but not limited to, floor or spot lights shall be so placed and so shielded to prevent the rays of illumination from being cast into residential properties or into a public right-of-way.

(2) Colored light. White shall be the only permitted color of light.

E. Signs over public right-of-way. No portion of any sign shall be located within or suspended over a public right-of-way, including a pedestrian walk.

F. Sign setback from residential district. When signs in a nonresidential district are located along the district boundary line of any residential district, they shall be set back not less than 50 feet from such residential district boundary line.

G. Sign maintenance. Any sign that is or shall become dangerous or unsafe in any manner whatsoever shall be repaired, made safe and attractive in conformity with this chapter or shall be removed by the owner, lessor, agent or occupant of the building, property or land upon which it is placed or to which it is attached. A written notice shall be served upon the owner, lessor, agent or occupant of a building, property or land upon which a dangerous or unsafe sign is located. Said notice shall require necessary action to be taken within 10 days from the date of service of the notice upon such person, or within such lesser time as shall be deemed reasonable in cases where the danger to public health, safety, and general welfare is so imminent as to require more immediate abatement. All signs shall be painted and maintained in good repair at all times. Failure to keep signs painted and in good repair for a period of 12 consecutive calendar months shall constitute abandonment, and such sign may not then be repair or reused and must be removed.

H. Sign location. No sign shall be erected or located to obstruct the vision of drivers entering a public street; nor shall any sign be erected which obstructs existing signs on adjacent properties to a degree that the message contained on the obstructed sign is no longer visible for a reasonable distance therefrom.

I. Permitted signs.

(1) Residential zones. In the A-1 and A-2 Agricultural/Residential Zones, the following types of signs shall be permitted:

(a) A professional or announcement sign accessory to a home professional office or home occupation in a residential building shall not exceed one square foot in area. Such sign shall be fixed flat on the main wall of such building, and the face shall not extend from the face of the wall on which it is attached more than eight inches. Only one such sign shall be permitted and may only be interior-lighted.

(b) A name or announcement sign accessory to a church or other place of worship, a public or quasi-public building, a multiple-dwelling group, and any permitted institutional or similar use shall not exceed 10 square feet in area. Such sign may only be interior-lighted. Not more than one such sign shall be permitted on a lot.

(c) A sign that is listed as exempt in this section and under the same restrictions. Nonilluminated temporary signs on new construction sites, not exceeding 15 square feet in area and provided they shall be removed within seven days after completion of the construction work.

(d) Decorative nonilluminated signs showing name and/or address of house or family, not larger than one square foot in area. Not more than one such sign shall be erected for each dwelling unit up to a total of two for any one lot.

(e) Official signs erected by the Township, county, state or federal government not to exceed 10 square feet.

(f) No more than sign shall be permitted on each lot in connection with a use or activity permitted in the residential zones.

(2) Commercial zones.

(a) Any sign permitted in the residential zones shall be permitted in the V-1, the V-2, and the C-1 Commercial Zones.

(b) Shopping centers and other multiuse structures.

[1] Shopping centers and other multiuse structures, because of their coordinated nature, require sign regulations that will ensure that all signs used within the development will enhance each other and not detract from the overall unified appearance of the complex.

[2] Each said development requiring more than one sign shall submit a sign plan to the Planning Board for approval. Said sign plan shall include details as to letter style, lighting, color, construction and materials, height above grade, height at highest point, locations and specifications.

[3] The sign plan shall be based on an integrated design to include all of the elements above.

(c) Facade signs. Exterior signs identifying or advertising the names or uses of the tenants or occupants of the premises may be affixed to the building and shall occupy no more than 10% of the front facade area of the building. Signs may be placed on all exposed sides of a building, providing they do not total more than the 10% maximum limitation of the front facade.

(d) Canopy signs. A building whose walkways along the front facade are covered by a permanently installed rigid canopy or other structural device shall be permitted to hang vertically from the complete underside of said canopy one sign for each store in the first floor of the building. Said sign shall not exceed six square feet in area and shall not be less than 10 feet above the walks. Such signs may be illuminated, but shall not overhang any public right-of-way.

(e) Freestanding signs.

[1] One freestanding identification sign shall be permitted, provided the aggregate area of all sides of such sign in square feet shall be in accordance with the following schedule:

	Gross Floor Area (square feet)	Aggregate Sign Area (square feet)
	Under 5,000	25
	5,001 to 15,000	50
	15,001 to 30,000	75
	30,001 to 50,000	100
	50,001 to 100,000	150

[2] Any commercial building having over 100,000 square feet of gross floor area and desiring a larger sign than 150 square feet shall apply to the Zoning Board of Adjustment for approval.

[3] Such signs shall not exceed a height of 20 feet measured from the ground level to the topmost portion of the structure. The bottom edge of the sign shall not be less than 10 feet above the ground. Supporting frames for all such signs shall be of permanent materials, such as steel or concrete.

(3) Industrial zones.

(a) Facade signs. Each permanent use may have one identification sign located on the front facade of the building. Said signs shall not exceed an area equal to 10% of the front facade of the building and shall not project more than eight inches in front of the facade.

(b) Freestanding signs.

[1] Each permitted use may have one freestanding sign on each lot, provided each sign shall not exceed 50 square feet in area.

[2] The height of a freestanding identification sign shall not exceed five feet.

§ 230-109 Streets.

A. Street arrangement. The arrangement of streets not shown on the Master Plan shall provide for the appropriate extension of existing streets.

B. Street design and location. Street design and location shall include provisions for street access to adjoining properties where required by the Planning Board. Streets shall be designed to connect existing and future neighborhoods. Developments with stub streets that are intended to connect to future extensions of the neighborhood(s) shall provide language in the deed of each lot that any stub streets are intended to connect to adjoining properties and future neighborhood development.

C. Minor streets. Minor streets shall be designed to discourage fast-moving traffic. Multiple access points shall be encouraged, to provide connections to adjoining neighborhoods, to disperse traffic, and to reduce destination travel distance.

D. Marginal access. In subdivisions that abut arterial streets and such other streets or portions of streets as the Planning Board may designate in the Master Plan, the Planning Board may require provision for marginal access roads, reverse frontage lots with buffer strips for planting or other design methods for the purpose of separating through and local traffic.

E. Future streets. Where a tract is subdivided into larger parcels than ordinary building lots, such parcels, unless deed restricted against further subdivision, shall be arranged to allow the opening of future streets and logical subdivisions.

F. Street names. The governing body shall authorize and approve the name to be given to any public or private street. In making its decision, the governing body shall first consult with and give due consideration to any recommendation of the Historic Review Advisory Committee of the Delaware Township Planning Board. No street shall have a name that will so nearly duplicate in name or sound the name of an existing street so as to cause confusion. The extension of any existing street shall have the same name as the street that is being extended.

G. Right-of-way width. Except as otherwise provided in the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.), the right-of-way width shall not be less than 50 feet and shall be increased if a greater width is shown on the Master Plan or required in the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.).

H. Right-of-way width for subdivisions on existing streets. Subdivisions that adjoin or include existing streets that do not conform to width as shown on the Master Plan or the street width requirements of this chapter shall dedicate additional width along either one or both sides of said road. If the subdivision is along one side only, 1/2 of the required extra width shall be conveyed to the municipality.

I. Curb cuts. All curb cuts shall be at least 15 feet but not more than 30 feet in width, except on county roads where county site plan requirements are established. If a lot fronts on an arterial street, only one curb cut shall be allowed if the frontage is 250 feet or less. Curb cuts at the intersections of streets shall meet the requirements of Chapter 167, Driveways, Article I, Driveway Construction. The distance between the curb cuts for any two driveways serving the same property shall be the greater of 300 feet or the required lot width for the zone and no more than one curb cut shall be allowed for each 300 feet of frontage. Curb cuts in all Commercial and Residential Zones shall be located at least two feet from abutting property lines. In all Industrial Zones, curb cuts shall be located at least 10 feet from abutting property lines. Where a greater distance is specified elsewhere in this chapter, said greater distance shall apply.

J. Street grading. Except as provided otherwise in the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.), grades of arterial streets shall not exceed 8%; grades on other streets shall not exceed 10%; and no street shall have a minimum grade of less than 1%.

K. Street grading changes. All changes in grade shall be connected by vertical curves and shall provide a smooth transition and proper sight distance.

L. Street intersections. Except as provided otherwise in the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.), street intersections shall be as nearly at right angles as possible, and in no case shall be less than 60°. The block corners at intersections shall be rounded at the curblines and have a radius of 15 feet at the curb and 25 feet at the right-of-way line.

M. Street jogs. Except as provided otherwise in the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.), street jogs with center line offsets of less than 125 feet shall be prohibited.

N. Street tangents. Except as provided otherwise in the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.), a tangent at least 100 feet long shall be introduced between reverse curves on all streets or as directed by the Planning Board. The Planning Board may waive this provision to encourage traffic calming and safer residential streets.

O. Street connections. Except as provided otherwise in the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.), when connecting street lines deflect from each other at any one point by more than 10° and not more than 45°, they shall be connected by a curve with a radius of not less than 50 feet for minor streets and 300 feet for arterial streets, or as directed by the Planning Board to conform to a reasonable circulation plan.

P. Culs-de-sac. Culs-de-sac shall conform to the New Jersey Administrative Code Residential Site Improvement Standards, Title 5, Chapter 21. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.

§ 230-110 Minor subdivision of lots on private accessway.

A. Construction standards. Private accessways shall be constructed across privately held land which may be wholly or partially owned by one or more of the owners of the lots served. The private accessway shall satisfy all of the Township's requirements for residential driveways in addition to the standards of this section.

B. Building permit: prior approval required by engineer. A certificate of occupancy shall not be granted for any structure on a lot abutting a private accessway until the Municipal Engineer has:

(1) Reviewed the plans for, and performed a field inspection of, the private accessway; and

(2) Informed the Construction Code Official in writing that the requirements of all applicable Township ordinances have been met.

(3) The cost of this review and inspection shall be paid through an escrow account funded by the applicant for the subdivision.

(4) This review and inspection shall be performed for each dwelling unit on a lot on a private accessway and shall include the entire length of the private accessway from the public road to the driveway of the newly developed lot.

C. Private accessway standards. Private accessways shall:

(1) Be constructed to the length necessary to connect all of the lots served to the existing street and shall extend no further than 1,500 feet from the existing public street as measured along the center line of the accessway.

(2) Have an improved surface width of at least 14 feet with three-foot stabilized shoulders on either side of the cartway and a total cleared area of at least 24 feet. The composition of the cartway shall comply with Chapter 319, Streets and Sidewalks, Article I, Roads and Improvements, for Class III roads. Additionally, all such accessways shall be properly graded and piped where necessary to prevent washouts of the accessway surface.

(3) For private accessways having a length greater than 650 feet, provide a turnaround with a radius of not less than 40 feet, without a center island, located at the end of the accessway adjacent to the nearest property line of the last lot, and, for private accessways having a length greater than 1,000 feet, provide a graded and stabilized pullover area of sufficient width to park an emergency vehicle at a distance of at least 800 feet but no more than 1,000 feet from the public roadway.

(4) Provide access to not more than four dwellings including any dwelling on the lands remaining that utilizes the private accessway to gain access to the dwelling.

[Amended 2-14-2005 by Ord. No. 2005-03LU]

D. Deed of conveyance. The deed of conveyance for a subdivided lot abutting a private accessway shall incorporate the permanent right of ingress and egress for the subdivided lot to an existing public street over such private accessway in common with the owner(s) of any other lot or lots created by subdivision from the original parcel, and such deed shall also provide that the private accessway may be used for the installation and maintenance of public or private utilities and storm drainageways serving such subdivided lots.

E. Maintenance responsibility. The subdivision application shall indicate the pro rata share of common responsibility assigned to the owner(s) of each proposed lot for the installation and maintenance of the private accessway. The common responsibility shall be equally divided among the lots sharing the private accessway. The owners abutting such private accessway shall assume full responsibility for the maintenance of the private accessway, including snow removal, vegetation control and pothole repair and shall agree that, in the event of their failure to maintain the accessway, the municipality may (but shall not be obligated to) make all necessary repairs and assess each individual lot owner for his/her pro rata share of the cost of such repair. The provisions contained in this section shall be recited in the deed to each subdivided lot.

F. Layout. The location of the proposed private accessway shall be subject to approval by the Planning Board. The Planning Board shall consider the locations of other streets, accessways and driveways; the locations of street intersections; sight distances; the environmental characteristics of the land; and any other relevant information in considering the location of the proposed private accessway.

§ 230-111 Open space performance standards.

A. General provisions. The following open space performance standards shall apply to all developments:

(1) Open space use. The recorded plan and all deeds shall indicate that there shall be no additional development except as set forth herein. On lands that are dedicated for recreational or agricultural purposes, noncommercial buildings or uses compatible with the open space objectives may be permitted only with the express approval of the Planning Board.

(2) Open space conveyance and maintenance documents. Prior to final plan approval, the Planning Board shall submit all documents pertaining to the maintenance of the open space to the Township for approval as to legal form and effect. If open space is to be conveyed to the Township, the documents pertaining to such conveyance shall be referred to the Township Committee for review and approval.

(3) Layout of open space within the A-1 Agricultural/Residential District. A primary purpose of the open space within this district is to preserve agriculture lands for agricultural use. Therefore, the plan for open space areas shall clearly demonstrate that every effort has been made to provide a maximum amount of farmland preserved for agriculture use by adhering to the standards set forth in § 230-115C(2). A plan that does not provide for the agricultural use of the majority of Class I, II or III soils shall not be deemed to meet the provisions of this chapter.

(4) Agricultural buffer.

(a) All single-family detached cluster subdivisions within the A-1 and A-2 Zones shall be buffered from adjacent larger residential lots and adjoining farms and woodlands, including any land that is being subdivided for placement under an agricultural or conservation deed restriction. The purpose of the buffer is to ensure that the continuation of agricultural and woodland management operations will not be impaired by nuisance complaints.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(b) The buffer shall include a boundary line fence around the entire new development consisting of a four-foot-high split-rail fence covered with continuous turkey wire fencing material. The fence shall be broken only at access points for vehicles. If there are emergency access points entering the site, they shall also be fenced on either side, to insure that dogs and people do not enter the adjoining farm fields. The fence shall be located along the outside edge of the developable portion of the lots. Where there is no natural hedgerow or wooded buffer, a new hedgerow shall be established inside the fence line, consisting of a mixture of deciduous and coniferous trees, both canopy and sub-canopy, and a mixture of shrubs. At the direction of the Planning Board, the applicant shall substitute landscape treatment of equal or greater value.

(c) The following minimum number of plants shall be required and arranged in random order along the new buffer:

	Deciduous canopy tree	1 per 25 feet of buffer
	Deciduous flowering tree	1 per 25 feet of buffer
	Coniferous tree	1 per 25 feet of buffer
	Deciduous or evergreen shrub	1 per 3 feet of buffer

[1] The minimum width of the buffer area shall be 25 feet and shall be located on the residential lots inside the fence line, unless under unusual circumstances, the Planning Board approves an alternative arrangement.

[2] Each landscape buffer area shall be created by an easement that shall provide for the maintenance of the landscape buffer, the split-rail fence, and the turkey wire fence. The easement shall also require that any tree or shrub that dies shall be replaced by the property owner.

[3] The buffer planting shall supplement any natural hedgerows or woodlands to ensure that there is an unbroken landscape buffer, except for vehicular or pedestrian access. The Planning Board may require the installation of additional plant material to supplement existing hedgerows or woodlands.

[4] The following are minimum sizes for plant material:

	Type	Size
	Deciduous canopy tree	2 1/2 inches caliper
	Coniferous tree	8 feet height
	Deciduous flowering tree	2 inches caliper or 8 feet height
	Deciduous shrub	3 1/2 inches height
	Evergreen shrub	2 1/2 inches height

[5] In order to ensure maximum species diversity, the buffer plantings shall be selected from the following five categories and shall be varied and non-repetitive:

	Botanical Name	Common Name
	Deciduous Canopy Trees
	Acer species	Maple species
	Betula nigra	River birch
	Celtis occidentalis	Common hackberry
	Cladrastis lutia	American yellowwood
	Fraxinus americana	White ash
	Fraxinus pennsylvanica	Green ash
	Larix decidua	Eastern larch
	Liquidambar styraciflua	Sweetgum
	Magnolia acuminata	Cucumbertree magnolia
	Prunus sargentii	Sargent cherry
	Quercus species	Oak species
	Tillia americana	American linden
	Ulmus americana	American elm* Princeton species
	Coniferous Trees
	Ilex opaca	American holly
	Picea species	Spruce species
	Pinus strobus	Eastern white pine
	Deciduous Flowering Trees
	Amelanchier species	Serviceberry species
	Carpinus species	Hornbeam
	Cercis canadensis	Eastern redbud
	Chionthus virginicus	White fringetree
	Cornus florida	Flowering dogwood
	Hamamelis virginiana	Common witchhazel
	Magnolia virginiana	Sweetbay magnolia
	Magnolia stellata	Star magnolia
	Malus species	Crabapple
	Deciduous Shrubs
	Aronia arbutifolia	Purplefruit chokeberry
	Calycanthus floridus	Common sweetshrub
	Clethera alnifolia	Summersweet cletheria
	Cornus mas	Corneliencherry dogwood
	Cornus racemosa	Gray dogwood
	Cornus sericea	Red osier dogwood
	Forsythia x intermedia	Forsythia
	Fothergilla gardenii	Dwarf Fothergilla
	Hydrangea arborescens	Smooth Hydrangea
	Hydrangea quercifolia	Oak-leaved hydrangea
	Ligustrum vulgare	Privet
	Ilex verticillata	Winterberry holly
	Itea virginica	Virginia sweetspire
	Myrica pensylvanica	Northern bayberry
	Philadelphus coronarus	Sweet mockorange
	Rhododendron nudiflorum	Pinxterbloom azalea
	Rosa blanda	Meadow rose
	Salix gracilistla	Rosegold pussywillow
	Syringa species	Common lilac
	Vaccinum corymbosum	Highbush blueberry
	Viburnum species	Virburnum
	Evergreen Shrubs
	Ilex glabra	Inkberry holly
	Viburnum rhytidophyllum	Leatherleaf viburnum
	Taxus canadensis	Canada yew
	Rhododendron maximum	Rosebay rhododendron

B. Open space design standards.

(1) Open space suitability and open space structures. Land set aside for open space shall be suitable for the designated purpose and shall be consistent with the policy for future land use in the Delaware Township Master Plan. Any such open space shall contain no structure other than those related to the purposes of the open space, e.g., barns, sheds, pavilions etc. No more than 5% of the open space area, or 10,000 square feet, whichever is greater, may be used for nonagricultural structures. Structures relating to agricultural uses shall conform to the provisions of §§ 230-16D and 230-17D, Tables of Performance, Area and Dimensional Regulations.

(2) Open space deed restriction. Any land set aside as open space shall be subject to a deed restriction or agreement in a form acceptable to the Township and duly recorded in the Office of the Recorder of Deeds in and for Hunterdon County. Any such deed restriction of lands for open space shall be absolute and not subject to reversion. Any easements on open space lands shall be recorded before any houses or dwelling units are sold, leased, or otherwise conveyed.

C. Methods of conveyance and maintenance. All open space shown on the final development plan as filed with the municipality and subsequently recorded in the Office of the Recorder of Deeds of Hunterdon County must be conveyed in accordance with one or more of the following methods:

(1) Conveyance of title to the municipality:

(a) The municipality may, at the recommendation of the Planning Board, accept any portion or portions of the open space, provided:

[1] The Planning Board determines that such lands will benefit the general public of the municipality and that such land is suitable with regard to size, shape, location, and access;

[2] The Planning Board determines that the proposed uses are consistent with the provisions of the Delaware Township Master Plan;

[3] The municipality agrees to and has access to maintain such lands; and

[4] Title is conveyed to the municipality without cost.

(2) Conveyance of title to a conservancy, nonprofit corporation, homeowners' or condominium association, funded community trust, individual or other legal entity.

(a) Any easements on open space lands shall be recorded before any lots or dwelling units are sold, leased, or otherwise conveyed. The terms of such instrument of conveyance shall include provisions suitable to the municipality guaranteeing:

[1] The continued use of such land for the intended purpose in perpetuity;

[2] Continuity of proper maintenance;

[3] Availability or access to funding for such maintenance;

[4] Adequate insurance protection;

[5] Provision for payment of applicable taxes;

[6] Recovery for loss sustained by casualty, condemnation, or otherwise;

[7] The right of the municipality to enter upon and maintain such property at the expense of the organization in the event the organization fails to maintain the property; and

[8] Such other covenants and/or easements to fulfill the purposes and intent of this chapter.

(b) The following are prerequisites for any entity taking title to open space lands. Such entity:

[1] Shall be approved by the municipality, prior to final subdivision plan approval, and the liens recorded before any homes or dwelling units are sold, leased or otherwise conveyed;

[2] Shall be responsible for liability insurance, taxes, recovery for loss sustained by casualty, condemnation, or otherwise, and the maintenance of recreational and other facilities.

[3] Shall not dispose of the open space by sale or otherwise, except to an organization conceived and established to own and maintain open space. The entity shall first offer to convey the open space to the municipality.

(c) The following are additional prerequisites for homeowners' associations, condominium associations and other membership associations. Such entity:

[1] Shall insist on mandatory membership for each buyer and/or lessee. The organizational paper shall specify how voting rights are apportioned, e.g., per unit, per bedroom. The organizational papers shall set forth the manner and time of transference of the organization and its assets from developer to homeowner.

[2] Shall require its members or beneficiaries to pay their pro rata share of the costs. The assessment levied shall become a lien on the property, including any maintenance and associated administrative costs incurred by the municipality.

[3] Shall be able to adjust the assessment to meet changed conditions.

(d) Lots entirely prohibited from development by restrictive covenants, conservation easements, or other easements granted to a municipality or conservancy, nonprofit corporation, funded community trust, or other legal entity may be deeded as lots, provided that the terms of such instrument of conveyance include provisions guaranteeing:

[1] The continued use of such land for the preservation of open space in perpetuity;

[2] Such other conveyance and/or easement that the municipality shall deem necessary to fulfill the purposes and intent of this chapter;

[3] Conveyance of all easements shall take place prior to sale or conveyance of any lots or dwelling units;

[4] Each owner of the open space shall maintain liability insurance naming the holder of the easement as an additional insured. The property owner shall remain responsible for payment of real estate taxes and for general maintenance of the property as provided by the terms of the easement, and shall agree that the holder of the easement shall be held harmless from any claims of any nature.

(e) Ownership of open space lot by an individual for agricultural purposes. Open space may be retained by the original landowner, provided the terms of conveyance include provisions acceptable to the municipality, guaranteeing:

[1] The continued use of such land for the preservation of open space in perpetuity;

[2] Such other conveyance and/or easement that the municipality shall deem necessary to fulfill the purposes and intent of this chapter.

D. Specific use regulations for open space.

(1) No motor vehicle usage in the open space area shall be permitted except for maintenance or agricultural purposes.

(2) No cutting of any trees or destruction or removal of vegetation, rocks, or soil shall be permitted unless in accordance with either an agricultural use or a site plan pursuant to review and approval by the Planning Board. Such plan shall be in accordance with all other applicable sections of this chapter.

(3) No alteration of any stream, pond, or lake shall be permitted unless in accordance with a site plan, pursuant to review and approval by the Township. Such plan shall be in accordance with all other applicable sections of this chapter and all applicable state or federal regulations.

(4) No nonagricultural structures shall be erected unless in accordance with a site plan, pursuant to review and approval by the Planning Board. Such plan shall be in accordance with all other applicable sections of this chapter.

§ 230-112 Lot grading and land disturbance standards.

A. General.

(1) Grading required. The yards of every structure shall be graded to secure proper drainage away from buildings and to dispose of runoff without ponding. Minimum two-percent slopes away from structures shall generally be required.

(2) Grading goals. Site grading shall be designed to establish building floor elevations and ground surface grades that:

(a) Allow drainage of surface water away from buildings.

(b) Minimize earth settlement problems.

(c) Avoid concentrating runoff onto neighboring properties.

(d) Keep earthwork to a practical minimum.

(e) Provide usable outdoor space.

(f) Minimize erosion.

(3) Excavations and fills.

(a) No excavation shall be made with a cut face steeper in slope than two horizontal to one vertical in wooded areas, or three horizontal to one vertical in non-wooded or lightly wooded areas, except as approved by the Municipal Engineer under special conditions.

(b) No fill shall be placed that creates any exposed surface steeper in slope than two horizontal to one vertical in wooded areas, or three horizontal to one vertical in non-wooded areas, except as approved by the Municipal Engineer under special conditions.

(c) Adequate provisions shall be made to prevent surface water from eroding the cut face of excavations or the sloping surface of fills.

(d) Retaining walls or cribbing shall be required where needed to prevent the surface of excavations or fills from exceeding at any point the maximum allowable slope.

(e) Excavations shall not be made so close to property lines as to endanger adjoining property without supporting and protecting the face of the excavation.

(f) No fill or excavation shall be made closer than five feet from a property line or proposed property line.

(4) Retaining walls.

(a) Retaining walls shall not exceed five feet in height. All walls shall be designed in conformance with generally accepted design principles. A detailed plan shall be submitted.

(b) Retaining walls located parallel to each other, stepped, shall be spaced horizontally at least two times the height of the lower wall.

(c) No retaining wall shall be closer than the height of the wall from any lot line or proposed lot line. Retaining walls shall not be constructed within any public street right-of-way.

(d) All timber used for retaining wall construction shall be southern yellow pine treated with preservative, copper-chromated arsenate (CCA), 0.40 retention. Timber shall be marked indicating the preservative retention.

(e) Fences may be required along the tops of retaining walls at the discretion of the Planning Board.

(f) Driveways. Driveways to be constructed or modified as part of a lot grading and land disturbance application shall conform with the provisions of Chapter 167, Driveways, Article I, Driveway Construction.

B. General.

(1) Deposit or removal of soil. No soil shall be excavated, removed or deposited within a steep slope area except as a result of and in accordance with a site grading plan approved by the Township Engineer.

(2) Reasons for soil disturbance. Proposed disturbance of soil shall be for purposes consistent with the intent of this Article XI and shall be executed in a manner that conforms with the provisions set forth in § 230-113, Soil erosion and sedimentation control, of this chapter and that will not cause excessive erosion or other unstable conditions.

(3) Surface water runoff. Provision shall be made for the proper disposition of surface water runoff so that it will not create unstable conditions nor increase the potential for off-site flooding. Appropriate storm drainage facilities shall be constructed as deemed necessary and adequate protective measures shall be provided for downstream properties.

(4) Public safety. Provision shall be made for any structures or protective measures that proposed slopes may require for the protection of the public safety, including but not limited to retaining walls, headwalls and fences.

(5) Impeding flow of surface water. No proposed building, structure or attendant protective measures shall impede the flow of surface waters through any watercourse or cause an increase in flood heights or velocities.

(6) Roads and parking areas. Any proposed vehicular facilities, including roads, drives or parking areas, shall be so designed that any land disturbances shall not cause excessive erosion. Both the vertical and horizontal alignment of vehicular facilities shall be so designed that hazardous circulation conditions will not be created.

(7) Removal of trees. No trees in excess of ten-inch caliper shall be removed within the area of disturbance without the prior approval of the Planning Board.

(8) Soil classifications and permeabilities.

(a) Soil classifications. For the purpose of this § 230-112, soils will be classified based upon their natural permeability and relative suitability for the absorption of surface water runoff as follows:

[1] Low permeability: less than 0.63 inches per hour.

[2] Moderate permeability: 0.63 to two inches per hour.

[3] Good permeability: greater than two inches per hour.

(b) Soil permeabilities may be obtained from data compiled in the "Soil Survey of Hunterdon County, New Jersey," as published by the U.S. Department of Agriculture, November 1974, or from other reference sources.

(9) Roof runoff.

(a) All stormwater runoff from roof areas shall be transported to dry wells, seepage pits, detention basins or other on-site stormwater management facilities, as approved by the Municipal Engineer. The required methodology for the implementation of a roof runoff system will be as follows:

[1] Low-permeability soils per Subsection B(8)(a)[1]: detention basins or other on-site stormwater management facilities.

[2] Moderate-permeability soils per Subsection B(8)(a)[2]: dry wells, seepage pits or other on-site stormwater management facilities.

[3] Good-permeability soils per Subsection B(8)(a)[3]: dry wells and seepage pits.

(b) All dry wells or seepage pits shall have a capacity to store not less than three inches of direct runoff from all roof areas. The dry wells or seepage pits shall be constructed of precast concrete rings that shall be surrounded with gravel or broken stone not exceeding one-and-one-half-inch size. For the purpose of computing volume, the gravel or stone shall have a porosity of 40%. Each dry well, or series of dry wells, shall have an overflow to grade. The conveyance system from the roof to the dry well shall conform with the requirements of the National Standard Plumbing Code. The location, construction details and specifications for such facilities shall be shown on the site grading plan.

C. Site grading plans.

(1) Detailed site grading plans.

(a) The detailed site grading plan shall be drawn and certified by a licensed professional engineer at a scale of not less than one inch equals 30 feet.

(b) Detailed site grading plans shall show the following information:

[1] The Tax Map sheet, block and lot number, date, graphic scale, North arrow and the names and address of owner or owners of the tract, the applicant, if other than the owner, and of the engineer who prepared the site plan.

[2] All lot dimensions.

[3] Front, side and rear yard setback dimensions.

[4] Location of all proposed buildings, dimensions thereof, and the first floor elevation.

[5] Location of all buildings on adjoining lots.

[6] The existing and proposed contours at a contour interval of two feet or less.

[7] The proposed elevations of the levels of any land at the corner of the foundation of any structure or structures and the levels of land above and below retaining walls, as well as top-of-wall elevations.

[8] The layout of existing and proposed public streets and public utilities.

[9] The location of any existing or approved potable water or sanitary sewerage disposal facilities on or within 100 feet of the lot.

[10] The location of proposed vehicular facilities, including roads, drives or parking areas.

[11] The location of all existing landscaping, including trees, shrubs and ground cover, with type and size of trees and shrubs.

[12] The disposition and extent of topsoil to be removed or backfilled.

[13] The disposition and extent of all other soil to be removed or backfilled.

[14] The plans and specifications for any proposed retaining walls, fences or other protective structures.

[15] The location, plans and specifications for any proposed dry wells, detention basins, seepage pits or other on-site stormwater management facilities to control roof runoff.

(2) Conceptual site grading plans.

(a) The conceptual site grading plan shall be drawn by a licensed or certified landscape architect or professional engineer at a scale of not less than one inch equals 30 feet.

(b) Conceptual site grading plans shall show the following information:

[1] Location of all proposed buildings and first floor elevation.

[2] The existing and proposed contours at a contour interval of two feet or less.

[3] The proposed elevations of the levels of land above and below retaining walls, as well as top-of-wall elevations.

[4] The location of proposed vehicular facilities, including roads, drives or parking areas.

[5] The location of all existing wooded areas.

[6] The plans and specifications for any proposed retaining walls, fences or other protective structures.

[7] The location of any existing or proposed potable water or sanitary sewerage disposal facilities, on or within 100 feet of the lot.

[8] A slope map showing existing slope areas, limits of grading and all calculations necessary to determine compliance with this § 230-112.

[9] The location of any proposed dry wells, detention basins, seepage pits or other on-site stormwater management facilities to control roof runoff.

(3) Subdivision and site plan requirements.

(a) Site grading plans shall be required for all major subdivisions, minor subdivisions and site plans where the total proposed disturbance exceeds 5,000 square feet or where slopes exceed 15%.

(b) The installation of dry wells, seepage pits, detention basins or other on-site stormwater management facilities to control runoff from roof areas pursuant to § 230-112B(9) shall be required for the construction of any principal structure upon a lot for major subdivisions, minor subdivisions and site plans. This requirement shall not pertain to existing structures or any addition thereto.

(c) In the case of major and minor subdivisions, in lieu of submitting detailed grading plans, the applicant may submit conceptual lot grading plans for the purposes of preliminary and final subdivision approval. If the proposed individual lot or lots do not contain any slopes over 15% and the on-site soils are determined to be suitable for the installation of dry wells or seepage pits for roof areas, individual conceptual lot grading plans shall not be required for the purposes of preliminary and final subdivision approval. Notwithstanding the above, prior to the issuance of a building permit, a detailed site grading plan conforming to this § 230-112 shall be submitted to the Municipal Engineer for review and approval. If the applicant fails to meet the requirements of this § 230-112, a building permit shall not be issued.

(4) Site grading plan procedures.

(a) A conceptual grading plan shall be submitted to the Planning Board for its review and approval prior to preliminary subdivision or site plan approval.

(b) All required fees shall be submitted at the time of detailed site grading plan submission.

D. Administration.

(1) Issuance of building permit. No building permit shall be issued by the Construction Official for any proposed structure unless and until the Municipal Engineer shall have approved a detailed site grading plan submitted in accordance with this section. Upon approval or denial of any site grading plan required by this section, the Secretary of the Planning Board shall forthwith notify the Construction Official thereof.

(2) Certificate of occupancy. No certificate of occupancy shall be issued by the Construction Official unless and until proof has been submitted to him or her that all conditions of the site grading plan approval have been fully met and complied with.

E. Applicability.

(1) Temporary conditions. The provisions of this Article XI shall not apply to temporary grading and disturbance, such as utility trenches, land disturbance related to the establishment of lawn areas or other similar activities that do not result in a change in the natural grade of the area.

(2) Prior approved lots. For all lots approved or in existence prior to adoption of this chapter, a detailed site grading plan and a roof runoff plan in accordance with Subsection B(9) shall be provided to the Township Engineer for review and approval prior to issuance of a building permit.

(3) Farming. Nothing herein contained, however, shall be construed to prohibit the use of a land for farming activities, provided that such use is permitted in the zone in which the property is located and is consistent with all other applicable Township, county and state regulations.

§ 230-113 Soil erosion and sedimentation control.

A. Data required. Any soil erosion and sedimentation control plan shall contain:

(1) Location and description of existing natural and man-made features on and within 200 feet surrounding the site including soil characteristics and general topography at contour intervals. These features shall be taken from the Hunterdon County Soil Survey and conform to the requirements of this chapter.

(2) Location and description of proposed changes to the site, including contours and spot elevations showing "before" and "after" conditions.

(3) Measures for soil erosion and sediment control, which must meet or exceed standards for soil erosion and sediment control promulgated by the State Soil Conservation Committee. Standards shall be on file at the offices of the Hunterdon County Soil Conservation District and the Municipal Clerk.

(4) A schedule of the sequence of installation of planned erosion and sediment control measures as related to the progress of the project including anticipated starting and completion dates.

B. Revisions of data. All proposed revisions of data required shall be submitted for approval.

C. Review and approval.

(1) Soil erosion and sediment control plans shall be reviewed by the Hunterdon County Soil Conservation District and certified by the municipal agency when in conformance with the standards for erosion and sediment control. The applicant shall be provided with written notification as hereinbelow provided within 30 days of submission of a complete plan unless, by mutual agreement in writing between the municipal agency and the applicant, this period is extended for an additional 30 days. Failure of the municipal agency to make a decision within such period or such extensions thereof shall constitute certification.

(2) Notification shall state that:

(a) The plan was approved;

(b) The plan was approved subject to conditions attached; or

(c) The plan was denied approval with reasons for denial included.

(3) A copy of the municipal agency decision including name of applicant, site location by street address and Tax Map lot and block number and proposed land use shall be sent to the HCSC District. The municipality shall also make available such other information as may be required by the district.

§ 230-114 Stormwater management.

[Amended 3-27-2006 by Ord. No. 2006-08LU; 9-10-2018 by Ord. No. 2018-10; 3-2-2020 by Ord. No. 2021-01; 7-8-2024 by Ord. No. 2024-09]

A. Scope, purpose, and fees.

(1) Policy statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure Best Management Practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for green infrastructure, water quality, quantity, and groundwater recharge.

(2) Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection B.

(3) Applicability.

(a) This section shall be applicable to the following major developments:

[1] Nonresidential major developments and redevelopment projects; and

[2] Aspects of residential major developments and redevelopment projects that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21 et seq.

(b) This section shall also be applicable to all major developments undertaken by the Township of Delaware.

(c) In the case of agricultural or horticultural development that meets the definition of "major development" under N.J.A.C. 7:8, a farm conservation plan that addresses the protection of soil and water resources shall be developed and implemented. Such a plan shall be approved by the Hunterdon County Soil Conservation District.

(d) Applicability of this section to major developments shall comply with last amended N.J.A.C. 7:8-1.6, incorporated herein by reference.

(4) Review fees and inspection escrows.

(a) Review fees.

[1] When stormwater management plans are required to be prepared and submitted for review and approval under this section, and when such plans are submitted for review and approval in conjunction with an application for development approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., then no additional and separate review fee shall be required. The costs for professional review of the stormwater management plan will be deducted from the review escrow account established for the development application in accordance with the applicable provisions of this chapter.

[2] A review fee of $500 shall be paid to the Township whenever:

[a] A stormwater management plan is required to be prepared and submitted for review and approval under this section, and such plan is not submitted for review and approval in conjunction with an application for development approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

[b] A revised stormwater management plan is submitted for review and approval subsequent to the approval of a development application by the Planning Board or Board of Adjustment, and when revisions to a previously approved stormwater management plan are necessitated by field conditions or other modifications to the development proposal.

(b) Inspection escrows.

[1] When stormwater management improvements are constructed in conjunction with other site improvements associated with an approved major subdivision or site plan, then no additional and separate construction inspection escrow account shall be required.

[2] When stormwater management improvements are constructed in conjunction with a minor subdivision approval, or variance approval for which no site plan was required, then a construction inspection escrow account shall be established with the Township in the manner as provided in this chapter and in accordance with the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

(5) Compatibility with other permit and ordinance requirements. Development approvals issued pursuant to this section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

B. 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. The definitions used in this section shall be the same as the last amended Stormwater Management Rules at N.J.A.C. 7:8-1.2, incorporated herein by reference and the definitions below.

KARST TERRAIN

An area where karst topography, with its characteristic surface and subterranean features, is developed as a result of the dissolution of limestone, dolomite, or other soluble rock. Characteristic physiographic features present in karst terrains include but are not limited to sinkholes, sinking streams, caves, blind valleys, large springs and subterranean drainage. See also "limestone area."

LIMESTONE AREA

An area of Hunterdon County underlain by carbonate sedimentary rock consisting chiefly of calcium carbonate. Limestone is commonly used as a general term for the class of rocks that consist of at least 80% calcium or magnesium carbonate. See also "karst terrain."

C. Design and performance standards for stormwater management measures. This section establishes design and performance standards for stormwater management measures for major development intended to minimize the adverse impact of stormwater runoff on water quality and water quantity and loss of groundwater recharge in receiving water bodies. Design and performance standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5, incorporated herein by reference.

D. Solids and floatable materials control standards.

(1) Site design features identified under Subsection C above, or alternative designs in accordance with Subsection C above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection D(1)b below.

(a) Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

[1] The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or

[2] A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inches across the smallest dimension. Note that the Residential Site Improvement Standards at N.J.A.C. 5:21 include requirements for bicycle safe grates. Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.

[3] For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.

(b) The standard in Subsection D(1)(a) above does not apply:

[1] Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than nine square inches;

[2] Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;

[3] Where flows from the water quality design storm as specified in the last amended Stormwater Management rules at N.J.A.C. 7:8 et seq. are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

[a] A rectangular space four and five-eighths (4.625) inches long and one and one-half (1.5) inches wide (this option does not apply for outfall netting facilities); or

[b] A bar screen having a bar spacing of 0.5 inches.

Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).

[4] Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the Water Quality Design Storm as specified in N.J.A.C. 7:8; or

[5] Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

E. Safety standards for stormwater management basins.

(1) This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin. Safety standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-6, incorporated herein by reference.

(2) Safety ledge illustration.

Elevation View - Basin Safety Ledge Configuration

F. Requirements for a site development stormwater plan.

(1) Submission of site development stormwater plan.

(a) Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection F(3) below as part of the submission of the application for approval.

(b) The applicant shall demonstrate that the project meets the standards set forth in this section.

(c) The applicant shall submit three copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection F(3) of this section.

(2) Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.

(3) Submission of site development stormwater plan. The following information shall be required:

(a) Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.

(b) Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.

(c) Project description and site plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.

(d) Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsection C are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.

(e) Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

[1] Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.

[2] Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.

(f) Calculations.

[1] Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Subsection C of this section.

[2] When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on onsite boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.

(g) Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection G.

(h) Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection F(3)(a) through Subsection F(3)(f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

G. Maintenance and repair.

(1) Applicability. Projects subject to review as in Subsection A(3) of this section shall comply with the requirements of Subsection G(2) and Subsection G(3).

(2) General maintenance.

(a) Maintenance for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5.8, incorporated herein by reference.

(b) Stormwater facilities shall be constantly maintained by the owner or association to assure continual functioning of the system at design capacity and to prevent the health hazards associated with debris buildup and stagnant water. Maintenance responsibilities, inspection schedules and tasks will be clearly shown in the proposed plan. In no case shall water be allowed to remain in any facility long enough to trigger a mosquito breeding disease or cause any other type of health problem. The maintenance plan must include inspection routines to reduce the potential for extensive, difficult, and costly remedial or emergency maintenance efforts, including inspection checklists. Inspection checklists may address such items as:

[1] Obstruction of inlet devices by trash and debris;

[2] Evidence of erosion, sedimentation or instability;

[3] Malfunctioning of valves, gates, locks, access hatches or equipment;

[4] Deteriorated conduit outlet or seepage around outlet;

[5] Cracks or other deterioration of inlets, outlets, pipes, and conduits;

[6] Inadequate draining, clearing or clogging of control devices;

[7] Trimming, cutting or mowing of vegetation as required;

[8] Erosion and debris in emergency spillways and/or filter strips;

[9] Deterioration of downstream channels/conduits;

[10] Invasive or noxious weeds out of character with those specified;

[11] Saturated conditions or standing water;

[12] Animal burrowing; and

[13] Vandalism or other nonspecified occurrences.

(c) The following requirements of N.J.A.C. 7:8-5.8 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department:

[1] If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation; and

[2] Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.

(d) In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or County may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.

(3) Beginning on July 17, 2024, the party responsible for maintenance identified under Subsection G(2)(a) above shall make annual submissions to the municipality, no later than January 31, containing excerpts of the detailed log of all preventative and corrective maintenance that was performed for the prior calendar year for all structural stormwater measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.

(4) Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

H. Penalties. Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to penalties established by ordinance. Each day that the violation continues after proper notification shall be a separate offense. In addition thereto, the Township may institute injunctive, mandamus, or any other appropriate action proceeding at law or equity for the enforcement of this section, and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, or mandamus or other appropriate forms of remedy or relief. Penalties will be imposed as provided by § 1-5.1 of the Revised General Ordinance of the Township of Delaware.

I. Severability. Each section, subsection, sentence, clause and phrase of this section is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.

J. Effective date. This section shall be in full force and effect immediately upon approval by the County Review Agency, or 60 days from the receipt of this section by the Hunterdon County Planning Board if the Hunterdon County Planning Board, as County Review Agency, should fail to act.