Township of Upper Deerfield, NJ Design and Performance Standards

The following specific standards shall apply:

Access.

[Amended 1-19-1996 by Ord. No. 449]

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

(b)

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

(c)

It is the intent of this subsection to limit accesspoints from roadways designated as collector or arterial roads on the adopted Township Master Traffic Plan in order to preserve the road-carrying capacity and traveling safety along said roads. No driveway or access from an arterial roadway shall be permitted unless the site involved has a minimum site frontage of 500 feet. Such access shall only be permitted where access is not available from another roadway or where reverse frontage or a marginal access road are not possible due to the size and shape of the parcel of land involved.

(d)

The Planning Board may, where deemed appropriate due to existing traffic or an increase in traffic caused by a proposed development or use, make similar restrictions on access in connection with a collector roadway, as classified in the adopted Township Master Traffic Plan.

(2)

Bikeways.

(a)

Bikeways shall be required when, in the Planning Board's opinion, depending on the probable volume of bicycle traffic to be generated in a given development, the development's location in relation to other populated areas, or its location with respect to any overall bikeway route or trail adopted by the Planning Board or other governmental agency, provision of a bikeway(s) would be needed and useful. Bicycle traffic shall be separated from motor vehicle and pedestrian traffic as much as possible.

(b)

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

(3)

Blocks.

(a)

Block length, width and acreage shall be sufficient to accommodate the size lot required in the zoning district in which it will be located and to provide for convenient access, circulation control and safety of street traffic.

(b)

Blocks over 1,000 feet long in residential areas shall be discouraged, but where they are used, pedestrian crosswalks or bikeways between lots may be required in locations deemed necessary by the Planning Board and shall be at least eight feet wide. Blocks over 1,500 feet in residential areas shall be prohibited. For commercial and industrial uses, block lengths shall be sufficient to meet area and yard requirements for such uses and to provide proper street access and circulation patterns.

(4)

Landscaping requirements.

[Added 7-7-2011 by Ord. No. 674[1]]

(a)

Purpose. The purpose of this Subsection A(4) is to establish minimum standards for the provision, installation, and maintenance of landscape plantings in order to achieve a healthy, beautiful, and safe community. These regulations are intended to:

[1]

Foster aesthetically pleasing development that will protect and preserve the appearance and character of the community.

[2]

Increase the compatibility of development with both adjacent development and the natural environment.

[3]

Improve environmental quality by recognizing the numerous beneficial effects of landscaping upon the environment.

[4]

Maintain and increase the value of land by requiring landscaping to be incorporated into development, thus becoming by itself a valuable capital asset.

[5]

Provide direct and important physical and psychological benefits to human beings through the use of landscaping to reduce noise and glare, and to break up the monotony and soften the harsher aspects of urban development.

[6]

Eradicate or control certain exotic plant species that have become nuisances because of their tendency to damage public and private works, to have a negative effect upon public health, or to disrupt or destroy native ecosystems.

[7]

Promote innovative and cost-conscious approaches to the design, installation, and maintenance of landscaping.

[8]

Establish procedures and standards for the administration and enforcement of this Landscaping Ordinance.

(b)

Applicability.

[1]

This landscape ordinance shall apply to all public, private, and institutional development, except as specifically exempted herein. Previously approved development need not comply unless new site development approval is being sought.

[2]

General requirements for landscaping of yard areas and for landscape strips along front and side lot lines are not imposed on any residential subdivision for single-family or two-family development or on the lot when a single-family or two-family dwelling is to be constructed.

[3]

The requirements of this Subsection A(4) shall be applicable to the buffer yard, streetscape, street buffer, yard, parking lots and stormwater basins specifically stated in the subsection. Portions of a developed site that are outside those specific areas shall not be governed by these landscape requirements.

(c)

Definitions. Unless specifically defined below, words or phrases used in this Subsection A(4) shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this subsection its most reasonable application.

ACTIVE FARM USE

Land which is actively farmed or which is assessed as active farmland at the time the subdivision or site design is submitted for approval or which supported active farming operations such that it qualified for farmland assessment pursuant to the New Jersey Farmland Assessment Act, N.J.S.A. 54:4-23.1 et seq., within three years prior to the date of the submission of a development application for the parcel.

BIORETENTION BASIN

The maximum water depth during treatment of the stormwater quality design storm shall be 12 inches in a bioretention basin.

BIORETENTION SWALE

An open, shallow, vegetated channel that slows runoff, filters it, and promotes infiltration into the ground. To function properly, swales must be carefully designed and maintained. The vegetation in swales helps to trap pollutants and reduces the velocity of stormwater runoff, which allows it to percolate into the ground. Vegetated swales can be used along driveways, interior roadways, within parking lots and within street-side street tree planting areas. The maximum water depth during treatment of the stormwater quality design storm shall be 18 inches in a bioretention swale.

BIORETENTION SYSTEM

Consists of a soil bed planted with native vegetation located above an underdrained sand layer. It can be configured as either a bioretention basin or a bioretention swale. Stormwater runoff entering the bioretention system is filtered first through the vegetation and then the sand/soil mixture before being conveyed downstream by the underdrain system.

CALIPER

The diameter of a tree that has not yet been planted measured at a point six inches above the ground for up to and including four-inch-caliper trees, and at a point 12 inches above the ground for larger sizes.

CRITICAL ROOT ZONE

The minimum area beneath a tree that must be left undisturbed in order to preserve a sufficient root mass to give a tree a reasonable chance of survival. The Critical Root Zone (CRZ) will typically be represented by a concentric circle centering on the tree's trunk with a radius equal in feet to 1.5 times the number of inches of the trunk diameter. Example: The CRZ radius of a twenty-inch-diameter tree is 35 feet.

DECIDUOUS

A plant with foliage that is shed annually.

RAIN GARDEN

A shallow (two inches to 12 inches) depression, typically planted with colorful native plants, strategically located to collect, infiltrate and filter rain that falls on hard surfaces like roofs, driveways, alleys, or streets to minimize negative impacts of excessive runoff from these surfaces on lakes and streams.

SCREEN

[1]

Natural vegetation or a decorative structure that creates an opaque visual block or obscures an unattractive view. Screening may consist of any combination of the following, as approved by the Township:

[a]

Fencing constructed of cedar, redwood, treated wood, or other suitable all-weather material.

[b]

Masonry walls.

[c]

Plant materials or natural vegetation.

[d]

Earthen berms.

[2]

For the purpose of this ordinance, a screen is opaque to a height of six feet above the ground surface or, for a screen of plant materials, has the maximum opacity obtainable with the approved arrangement and species of plant materials, to a height of six feet.

SHRUB

A woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground; may be deciduous or evergreen.

TREE-SAVE AREA

All areas designated for the purpose of saving specimen trees or preserving natural buffers.

TREE TYPES

[1]

EVERGREENA tree with foliage that persists and remains green year-round.

[2]

ORNAMENTALA deciduous tree planted primarily for its ornamental value or for screening purposes; tends to be smaller at maturity than a shade tree.

[3]

SHADEUsually a deciduous tree, rarely an evergreen, planted primarily for its high crown or foliage or overhead canopy.

(d)

Preservation of existing features.

[1]

Trees and shrubs already existing on land subject to the provisions of this chapter shall be preserved wherever feasible. Criteria for judging the feasibility of retaining existing vegetation include:

[a]

The practicability of arranging site plan components around existing features. In general, plans for groups of structures should be designed so as to preserve tree masses, individual tree specimens, and small stands of trees or shrubs;

[b]

The condition of the vegetation with respect to continued vitality;

[c]

The amount of healthy vegetation the area involved will support;

[d]

The practical and economic possibility of designing the location and grades of proposed structures and paving to preserve existing vegetation;

[e]

The desirability or lack thereof of a particular tree or species by reason of its appearance; historic or ecological significance; botanical characteristics; and the function the vegetation would fulfill as a site plan component;

[f]

Interference with utility services or encroachment into the traffic visibility triangle; and

[g]

The possibility of preserving the vegetation while meeting the development needs through pruning rather than removal.

[2]

Existing trees that are preserved will contribute to the required landscaping, based on individual tree types. For each shade tree that is preserved, which is greater than six-inch caliper, and is found on the approved list, the number of new shade trees to be installed shall be reduced by two trees. Shrubbery will be evaluated in the same manner as new trees based on the species. Such credit shall apply only to the required landscaping for the specific buffer yard, parking lot, commercial strip, or lot on which the existing vegetation is located.

[3]

Substantial barriers shall be specified on the landscape plan and shall be placed at or beyond the dripline of trees to be protected. These barriers shall remain in place during heavy construction on the site, and no vehicle, machinery, tools, chemicals, construction materials, or temporary soil deposits may be permitted within the barriers, nor may any notice or other object be nailed or stapled to protected trees.

[4]

Where trees are to be preserved in areas of cut or fill, specific grading measures or other protective devices, such as tree wells, tree walls, or specialized fill and pavement designs shall be required and shall be fully detailed on the landscape plan.

[5]

For existing trees that are proposed to be retained in order to meet the minimum requirements of this Code, the following provisions shall apply:

[a]

Damage prohibited. No person shall:

[i]

Cut, carve, or otherwise damage or remove any tree except in accordance with the provisions of this Code.

[ii]

Attach any wire, nails, advertising posters, or other contrivance harmful to any tree.

[iii]

Allow any gaseous, liquid, or solid substance which is harmful to trees (such as concrete washout, fuel, lubricants, herbicides, paint) to come in contact with the trees or their root zone.

[iv]

Set a fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree.

[b]

Construction standards.

[i]

Tree protection devices are necessary to eliminate activities detrimental to trees, including but not limited to:

[A]

Soil compaction in the critical root zone resulting from heavy equipment, vehicular or excessive pedestrian traffic, or storage of equipment or materials;

[B]

Root disturbance due to cuts, fills or trenching;

[C]

Wounds to exposed roots, trunks or limbs by mechanical equipment;

[D]

Other activities such as chemical storage, cement truck cleaning, waste disposal, fires, etc.

[ii]

Location and types of tree protection devices.

[A]

Tree protection devices are to be installed and shown on the plan to completely surround the critical root zone.

[B]

Active protection (see Materials, Subsection A(4)(d)[5][b][iii] below) is required where tree-save areas are located in proximity to construction activity.

[C]

The locations of all tree protection devices will be verified prior to the issuance of the construction permit for clearing and/or grading.

[D]

Once protected zones are established and approved, any changes are subject to review and approval by the Township.

[iii]

Materials. Active tree protection shall consist of chain link, orange laminated plastic, wooden post-and-trail fencing or other equivalent restraining material.

[iv]

Sequence of installation and removal. All tree protection devices shall be installed prior to any clearing, grubbing or grading. The Township will inspect the installation of tree protection and erosion and sedimentation control devices prior to the issuance of the construction permit. Tree protection must remain functional throughout all phases of development and shall be removed prior to issuance of a certificate of occupancy.

[v]

Other specifications.

[A]

Clearing. Where clearing has been approved, trees shall be removed in a manner which does not adversely impact the trees to be preserved. Avoid felling trees into or disturbing roots inside the protection zones. Roots shall be cut cleanly before tree removal.

[B]

Erosion and sedimentation control. All erosion and sedimentation, control measures shall be installed in a manner which will not result in the accumulation of sediment in a tree protection zone.

[C]

Signage. All tree protection zones shall be designated as such with "Tree-Save Area" signs posted visibly on all sides of the fenced-in area. These signs are intended to inform subcontractors of the tree protection process.

[D]

Signs requiring subcontractor cooperation and compliance with the tree protection standards shall be posted at the site entrances.

[c]

Prohibited activities.

[i]

Compaction prohibited. All building materials, vehicles, construction equipment, dirt, debris, or other objects likely to cause soil compaction or aboveground damage shall be kept outside the critical root zone. Where a limited amount of encroachment is unavoidable, the critical root zone shall first be cut cleanly, then immediately mulched with a four-inch layer of processed bark or wood chips or a six-inch layer of straw.

[ii]

Grade change prohibited. There shall be no raising or lowering of the ground level within the critical root zone. Stripping of topsoil in the critical root zone is prohibited. Where necessary, the use of moderate fill is permitted only with prior installation of an aeration system. Deposition of sediment in the critical root zone shall be prevented by placement of sediment barriers, which shall be backed by two-inch-by-four-inch wire mesh in areas of steep slope.

[iii]

Ditches prohibited. No person shall excavate any ditch or trench within the critical root zone. Where such encroachment is unavoidable, ditches or trenches shall be so located as to minimize root damage. If roots must be cut, they must be cut cleanly and immediately mulched.

[iv]

Paving prohibited. No person shall pave with concrete, asphalt, or other impervious material within the critical root zone.

(e)

General landscaping requirements. All land areas that are not covered with buildings and pavement or used for agricultural purposes shall be appropriately landscaped in accordance with the requirements of this Subsection A(4)(e). Landscaping shall be provided in the areas specified and of the minimum intensity specified below.

[1]

The tables of materials included in this chapter are classified by type. Trees are grouped into three categories: shade trees, ornamental trees, and evergreens. Shrubs are grouped by height: small shrubs (less than two feet), medium shrubs (two feet to six feet), and large shrubs (greater than six feet). Plant materials not listed on the tables will be assigned a classification based on height, spread, and/or crown at maturity, using the best available resources to determine mature characteristics. For design flexibility, deciduous plant substitutions may be made on the following basis; however, required evergreen plant material shall not be substituted:

[a]

One shade tree = two ornamental trees or two evergreen trees.

[b]

One ornamental tree = one evergreen tree.

[c]

One large shrub = two medium shrubs or four small shrubs.

[d]

One medium shrub = two small shrubs.

[2]

Where front and rear yards overlap side yards, the yard shall be treated as part of the yard having the greater requirement.

[3]

The scale and nature of landscape materials shall be appropriate to the size of the structures and the available space. Materials shall be located to avoid interference with overhead and underground utilities and utility easements or vehicular or pedestrian movements and visibility. Growth characteristics should be carefully considered.

[4]

Plant material shall be selected to achieve an intended purpose such as shading, screening, ornamentation, wildlife habitat, etc.

[5]

The planting patterns of plant material shall be staggered and mixed in order to avoid long, monotonous and repetitive edges, especially along roadways.

[6]

Trees shall be planted to maintain a minimum five-foot clearance between the tree trunk and structures, building overhangs, walls, fences, and other trees.

[7]

Plantings should be arranged to promote energy conservation wherever practicable; e.g., use of tall deciduous trees on the south and west sides of buildings to provide shade from the summer sun and planting evergreens on the north of buildings to dissipate the effect of winter winds.

[8]

Ground-mounted heating and cooling units for nonresidential or multifamily structures and aboveground fuel tanks shall be adequately screened so as not to be visible from public streets and/or adjacent properties.

[9]

Turf grass areas shall be consolidated and limited to those areas on the site that receive pedestrian traffic, provide for recreational uses, provide soil erosion control such as on slopes or in swales, where turf grass is used as a design unifier, or other similar practical use. The landscape plan shall label the intended use of turf areas.

[10]

Grass and other vegetative groundcover shall be used for all open space, including parking lot islands, except for:

[a]

Decorative mulch planting beds containing trees and/or shrubs.

[b]

Inter stabilization in areas subject to severe runoff and/or erosion.

[11]

A layer of organic mulch, installed to a minimum depth of two inches, shall be specified on the landscape plans in plant beds and around individual trees in turf grass areas. Mulch shall not be required in annual beds.

[12]

Where stone or other inert materials are to be used for ground cover, these materials shall be specifically identified on the landscape plan. Any area not so designated shall be required to have grass or vegetative ground cover.

[13]

All landscaping shall conform to the regulations established for visibility triangles to maintain safe sight distances and intersections and points of access as designated in § 405-62A(39) of the Upper Deerfield Code.

[14]

Except as provided in § 405-62A(4)(h) below, all landscape areas shall be separated from vehicular use areas by concrete vertical curbing. Roll curbs may not be used for this separation. The width of curbing shall be excluded from the calculation of the minimum dimensions of all required landscaped areas.

[15]

All landscaped areas at the front line of off-street parking spaces shall be protected from encroachment or intrusion of vehicles through the use of wheel stops. Wheel stops shall have a minimum height of six inches above the finished surface of the parking area, be properly anchored and continuously maintained in good condition. Wheel stops shall not be placed in locations of anticipated intense pedestrian traffic. As an alternative, curbing can be extended to serve the same purpose, if approved by the Planning Board Engineer.

[16]

All trees and shrubs must be planted a minimum of five feet behind the right-of-way line.

(f)

Landscape and buffer plans.

[1]

Landscape Plan. Where required, a landscape plan shall conform to the following requirements:

[a]

A landscape plan is required for each lot within the proposed development. It is recommended that the landscape plan be prepared by a landscape architect, nurseryman, or other professional experienced in landscape design and the installation and care of plant materials.

[b]

All proposed landscaping as required by this Code in front, side and rear landscape strips, for parking lot landscape areas, trees and street-side screening, in buffers, and trees to be retained or planted as required by the tree conservation provisions of this Code, shall be illustrated on plans as described in this Subsection A(4)(f)[1]. The plans may be consolidated as one plan if the information can be clearly shown.

[c]

All landscape plans submitted for approval as a component of a required site plan shall show the entire zoning lot at one inch equals 20 feet to 50 feet as needed to clearly illustrate the proposed plantings, on twenty-four-inch-by-thirty-six-inch sheets and shall contain the following information:

[i]

The name of the development and its acreage (or square footage if less than one acre);

[ii]

The street address and tax block of lot designations of the subject property;

[iii]

The name, address, telephone and fax numbers of the owner and developer;

[iv]

The name, address, telephone and fax numbers of the individual or company responsible for the design;

[v]

If applicable, the name, registration number and seal of the professional under whom the plan was prepared shall be stamped on the plan and signed.

[vi]

Date of survey, north point and graphic scale, source of datum, date of plan drawing, and revision dates, as appropriate.

[vii]

The location and size of all underground or aboveground utilities on the site, including the limits of any public or private utility easements and stormwater detention areas.

[viii]

The location and dimensions of all existing and proposed structures, parking lots and drives, roadways and rights-of-way, sidewalks, bicycle paths, ground signs, refuse disposal areas, bicycle parking areas, freestanding electrical equipment, recreation facilities, utility lines and easements, freestanding structural features, and other landscape improvements, such as earth berms, walls, fences, screens, sculptures, fountains, street furniture, lights, and courts or paved areas;

[ix]

The location, quantity, size (at time of planting and maturity), on-center spacing, and name, both botanical and common, of all proposed planting materials;

[x]

The location, size (dbh or caliper), and common name of existing trees and individual shrubs, areas of dense trees or shrubs, and other natural features, indicating which are to be preserved and which are to be removed;

[xi]

The approximate location and generic identification of existing structures and plant materials within the yard of adjoining properties;

[xii]

Existing and proposed grading of the site, including proposed berming, indicating contours at not more than two-foot intervals;

[xiii]

Specification of the type and boundaries of all proposed vegetative ground cover;

[xiv]

Design of fences and other significant accessory structures;

[xv]

The location of barriers to be placed at or beyond the drip line of any trees to be preserved, and the type of material to be used for the barrier;

[xvi]

Planting, and installation details as necessary to ensure conformance with all required standards;

[xvii]

Details indicating specific grading measures or other protective devices where trees are to be preserved in areas of cut and fill;

[xviii]

Detailed notes and illustrations indicating the planting methods to be utilized for all plant material;

[xix]

A detailed maintenance schedule indicating the anticipated times for fertilizing, types of fertilizer, aeration, pruning, etc., and including plant replacement policies; and

[xx]

An irrigation plan indicating the type of irrigation to be used.

[2]

Buffer plan. Where required, a buffer plan shall conform to the following requirements:

[a]

A buffer plan shall be prepared for any natural or structural buffer required in accordance with the specifications and standards contained in this ordinance. The buffer plan shall provide the information required above for a Landscape Plan and the following:

[i]

The boundaries of each required buffer area.

[ii]

The location and size of all underground or aboveground utilities on the site, including the limits of any public or private utility easements and stormwater detention areas.

[iii]

For each natural buffer, the plan must show:

[A]

Methods to be employed to protect the critical root zones of the trees in the buffer from disturbance during construction, including fencing details, erosion control, signage, etc., consistent with the protection of existing trees and the landscape and buffer requirements of this ordinance.

[B]

Proposed supplemental plantings required to maintain the opaque visual screen required.

[iv]

For each structural buffer, the plan must show:

[A]

All grading and construction details for earthen berms, walls and fences that are proposed as part of the visual screen.

[B]

A planting plan showing the location, size and type of proposed plant materials.

[C]

The location, size and common name of all existing plant materials to be retained that contribute to meeting the minimum requirements of this Code for buffers.

[D]

Typical crosssections of the buffer illustrating the improvements proposed and typical location of vegetation. At least one cross section shall be provided for each buffer.

(g)

Landscaping of yard areas.

[1]

Single-family and two-family subdivisions and lots are exempt from the requirements of this Subsection A(4)(g).

[2]

Open yard areas. All portions of a multifamily or nonresidential site not covered with paving or buildings shall be landscaped. Such landscaped areas not covered with other materials such as mulch, wood chips or other landscaping materials to protect and preserve planting areas shall be covered with turf or ground cover. Turf or ground cover utilized on all slopes in excess of 25% must be specifically selected to stabilize the slope.

[3]

Trash storage containers. All exterior commercial trash storage containers shall be screened so that they are not visible from off the property, and a permanent masonry or frame enclosure shall be provided for each such container. A detailed drawing of enclosure and screening methods to be used in connection with trash containers on the property shall be included with the landscaping plan.

(h)

Landscaping of frontage landscape strips.

[1]

Single-family and two-family subdivisions and lots are exempt from the requirements of this Subsection A(4)(h).

[2]

Landscape strips along front lot lines; where required. A minimum eight-foot-wide landscape strip shall be provided along the full length of any street frontage of a multi-family or non-residential development.

[3]

Location of structures in frontage landscape strip. Frontage landscape strips shall contain no structures, parking areas, patios, stormwater detention facilities or any other accessory uses except for the following:

[a]

Retaining walls or earthen berms constructed as part of an overall landscape design.

[b]

Pedestrian-oriented facilities such as sidewalks and benches.

[c]

Underground utilities and fire hydrants.

[d]

Driveways required to access the property.

[e]

Signs and lighting otherwise permitted by this Code.

[4]

All portions of a frontage landscape strip shall be planted in trees, shrubs, grass or ground cover, except for those ground areas that are mulched or covered by permitted structures. Trees may be clustered for decorative effect following professional landscaping standards for spacing, location, and design.

[5]

Trees shall be provided within the frontage landscape strip at the rate of one tree for every 25 to 40 feet of street frontage, or portion thereof (excluding driveways) depending on tree height at maturity. Trees must be of a type that is suitable to local growing conditions and as listed in Table 4.3.[2]

[2]

Editor's Note: Table 4.3 is included at the end of this chapter.

[6]

Upon planting, new trees shall have a caliper of no less than 2.5 inches, and may be clustered for decorative effect and environmental benefit following professional landscaping standards for spacing, location, and design.

[7]

Trees and shrubs in the frontage landscape strip are not to extend into the street right-of-way, nor interfere with the sight triangle requirements specified in § 405-18 of the Zoning and Development Code for street and driveway intersections.

[8]

Shrubs are to be provided within the frontage landscape strip at the rate of 10 shrubs for every 60 feet of street frontage, or portion thereof (excluding driveways). Shrubs must be at least 18 inches tall at the time of planting.

[9]

Trees planted in the frontage strip shall not be located beneath overhead electrical wires.

[10]

Curbs. In areas where low-impact development is preferred, curbs are discouraged along proposed streets except where otherwise required by the Township when deemed necessary for stormwater management, traffic control, pedestrian safety, or to provide for roadway stability. In low-impact development, curbs should be used only on one side of the road, and the road cross slope is away from the curb to drain runoff to a vegetated open channel or bioretention area behind the curb.

[11]

Sidewalks. Sidewalks located in a street right-of-way shall be located so as to provide a five-foot minimum width planting strip between the curb and sidewalk to be used for bioretention swales.

(i)

Landscape strips along rear and side lot lines.

[1]

Single-family and two-family residential subdivisions and individual lots are exempt from the requirements of this Subsection A(4)(i).

[2]

Landscape strips along rear and side lot lines; where required.

[a]

A landscape strip shall be provided along all rear and side lot lines of a non-residential development (unless a buffer is otherwise required).

[b]

The rear and side yard landscape strip must be at least eight feet wide if trees are to be planted within it, but may be reduced to not less than four feet in width if a continuous hedge is provided in lieu of trees, or if the landscaping strip is combined with another landscaping strip at least four feet wide on adjacent property. When provided in combination with a landscape strip on adjacent property, each property must meet the landscaping requirements of this Subsection A(4)(i) independently, but the planting of trees must be coordinated to provide adequate separation and planting area for each tree.

[3]

Location of structures in rear and side landscape strips. Rear and side yard landscape strips shall contain no structures, parking areas, patios, stormwater detention facilities or any other uses except for the following:

[a]

Retaining walls or earthen berms constructed as part of an overall landscape design.

[b]

Underground utilities and fire hydrants.

[c]

Driveways or sidewalks required to access the neighboring property.

[4]

Landscaping required in rear and side landscape strips.

[a]

All portions of a rear and side yard landscape strip shall be planted in trees, shrubs, grass or groundcover, except for those areas that are mulched or covered by permitted structures.

[b]

Trees shall be provided within the rear and side yard landscape strip at the rate of at least one tree for every 40 feet of length or portion thereof, or the landscape strip may be planted in a continuous hedge (penetrated only by approved access drives and utility easements).

[c]

Trees planted within a rear or side yard landscape strip shall be located a minimum of six feet from the property line.

(j)

Stormwater management areas.

[1]

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

[2]

The Township encourages, where possible, that stormwater management basins be designed to imitate naturalistic land forms with irregular perimeters that subtly blend into the surrounding topography. Where enclosures are required, fence alignments shall follow, as closely as possible, the configuration of the basin. Rectilinear fence alignments are to be avoided.

[3]

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

[4]

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

[5]

Stormwater management areas shall be planted pursuant to the quantities and types listed for the landscape concepts as outlined in Subsection A(4)(j)[8] below. Additional shrub and herbaceous plant material should be planted in accordance with the New Jersey Stormwater Best Management Practices Manual, Chapter 7, Landscaping. Special preference should be given to those species of trees and plants which have known pollutant-removal abilities.

[6]

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

[7]

All plant materials shall be species indigenous to the area as per New Jersey Stormwater Best Management Practices Manual, Chapter 7, Landscaping. Plant materials shall be compatible with § 405-62A(4)(cc) of the Township's Land Use Ordinance.

[8]

One of the following landscape concepts for stormwater detention areas or an alternative concept complying with the standards set forth herein or as approved by the Township Planner shall be used:

[a]

Reforestation. This landscape treatment is appropriate for detention basins and drainage areas that are not highly visible or are adjacent to areas of mature woodlands, greenbelts or wetlands. It is intended to revert the disturbed area to a revegetated, stable, low-maintenance, natural landscape asset over time.

[i]

The area shall be graded creatively to blend into the surrounding landscape and imitate a natural depression with an irregular edge. This shall include gentle berming. Linear, geometric basins are unacceptable.

[ii]

The quantity of trees to be planted on the interior of the basins shall be equal to the number of trees that would be necessary to cover the entire area, based upon a twenty-foot-by-twenty-foot grid to the high-water line or outflow elevation. Of this number, 10% shall be two-and-one-half-inches-to-three-inches caliper, 20% shall be one-inch-to-two-inches caliper, and 70% shall be whips six feet to eight feet in height.

[iii]

The trees shall be planted in groves and spaced five to 15 feet on center.

[iv]

The ground plane shall be seeded with a naturalization, wildflower and/or meadow grass mix. The specific blend shall be approved by the Planning Board and shall comply with SCD requirements.

[v]

All woody and herbaceous plants shall be species indigenous to the area and/or tolerant of typical wet/dry floodplain conditions.

[vi]

Planting shall not be located within 20 feet of low-flow channels to allow for maintenance.

[vii]

The perimeter area (slopes above the high-water line) shall include shade trees (approximately 80 per 1,000 linear feet), evergreen trees (approximately 40 per 1,000 linear feet), ornamental trees and shrubs, screening drainage structures and creating visual interests.

[viii]

Provisions for emergency access as well as general maintenance of the basins shall be reviewed by the Planning Board Engineer. Plantings shall be designed to disguise yet not hinder vehicular access.

[9]

Recreation/open space feature.

[a]

This landscape concept is appropriate in situations where a basin is the largest or only portion of open space in an area or is adjacent to existing open space and recreational open space is desired. It is also appropriate for smaller, highly visible basins where a visually pleasing open area is desired.

[b]

The objective in these situations is to integrate the area into the landscape using topography and plantings in order to complement the function of the area and to provide a visually interesting landscape feature and/or recreation space.

[i]

The area shall be graded creatively to blend into the surrounding landscape and imitate a natural depression with an irregular edge. This shall include gentle berming.

[ii]

Provide perimeter plantings, including shade trees, formally or informally, evergreen trees to create and screen views and small trees and shrubs to provide a continuous landscape strip screening drainage structures and creating visual interest.

[iii]

Integrate buffer plantings with perimeter plantings where applicable.

[iv]

The following are guidelines for plant quantities:

	Plant Type	Number of Plant (per 1,000 linear feet)
	Shade trees	80
	Evergreen trees	40
	Ornamental trees	10
	Shrubs	50

[v]

To provide recreational open space, concentrate frequently flooded detention in basin area (five- to ten-year-storm volume) and provide a gently sloping, less-often flooded area (ten- to one-hundred-year-storm volume) as a recreational open field space. Provide ball fields and/or open play areas integrated with plantings in a park-like manner.

[10]

At detention basins and wet basins and where fences are required, the following standards shall apply:

[a]

The perimeter of the basin shall be planted in a naturalistic manner with a combination of evergreen trees, shade trees and shrub massings. The minimum width of the basin perimeter landscaping shall be 10 feet. A minimum of 50% of all plantings are to be evergreen.

[b]

Perimeter basin landscape plantings shall meet the following minimum sizes:

	Plant Type	Size
	Shade trees	2 inches caliper
	Ornamental trees	8 feet high
	Evergreen trees	6 feet high
	Evergreen and deciduous shrubs	2.5 to 3 feet high

[c]

Plantings shall be arranged to allow for maintenance access to all basin facilities.

[d]

All required basin perimeter plantings are to be located outside of the required fence enclosure.

[e]

The following are guidelines for plant quantities:

	Plant Type	Number of Plants (per 1,000 linear feet)
	Shade trees	80
	Evergreen trees	40
	Ornamental trees	10
	Shrubs	50

[f]

Basins located in front yard areas are subject to all previously stated landscaping standards for stormwater management facilities, with the following additions:

[i]

Maximum basin depth will be 24 inches.

[ii]

Geometrically shaped basins are unacceptable.

[iii]

Minimum width of plant massings shall be 10 feet.

[iv]

Ornamental trees should be planted along the basin perimeter for visual interest.

[v]

Landscape plantings are to be encouraged along the slopes and bottom of detention basins and on the side slopes of retention basins above the high-water line. These plantings shall consist of herbaceous plants which are indigenous to the area and/or tolerant of typical wet/dry floodplain conditions.

[vi]

Plantings shall not be located within 10 feet of low-flow channels and drainage structures to allow for maintenance.

(k)

Buffer requirements.

[1]

General provisions.

[a]

Buffer areas shall contain no driveways, parking areas, patios, stormwater detention facilities, or any other structures or accessory uses except for a fence, wall, or earthen berm constructed to provide the visual screening required to meet the standards of this Code. Underground utilities may be permitted to cross a buffer if the screening standards of this Code will be subsequently achieved. Vehicular access through a buffer may be allowed only as a condition of site plan approval.

[b]

Landscaping shall be installed on the property of any multi-family or non-residential use or development as a condition of site plan approval, or issuance of a development permit or building permit, whichever occurs first. Landscaping shall be provided in accordance with the requirements of this ordinance, which includes the following:

[i]

Within the yard areas of the property, and in landscape strips along the street frontages, rear and side lot lines.

[ii]

Within parking lots containing five or more parking spaces and between such parking lots and streets from which they are visible.

[iii]

As buffers between incompatible land uses and zoning districts.

[iv]

As replacement trees for those removed during construction.

[c]

The following bufferyard requirements are intended to physically separate and visually screen adjacent land uses that are not fully compatible. Minimum required screening shall consist of a natural buffer utilizing existing vegetation or a structural buffer, whichever provides an opaque visual screen from grade to a height of six feet, or any combination of existing and replanted vegetation which can reasonably be expected to create an opaque visual screen six feet high within two growing seasons.

[d]

A six-foot-high berm, or opaque fence or decorative wall may be located within the bufferyard reducing the required width and plant material amounts by 50%.

[e]

If woodlands are located within the minimum landscaped yard, preservation may substitute for the required plants. If existing woodlands are located in only part of the minimum landscaped yard, the landscape requirement is proportionately reduced.

[2]

Agricultural buffer. Whenever a development proposes a nonagricultural use or activity on an adjacent lot to a property which is currently or has within the preceding 12 months been utilized for farming or agricultural use, the Planning Board shall require the establishment of an agricultural buffer (located on the non-agricultural property) to prevent conflicts between the agricultural and non-agricultural activities in accordance with the Township's right to farm regulations (§ 405-30). Said agricultural buffer shall comply with the requirements of this Subsection A(4)(k)[2].

[a]

The establishment of the agricultural buffer shall not be required when:

[i]

The agricultural uses or activities are on a parcel of land less than six acres unless the parcel is being farmed in conjunction with other adjacent lands which, when combined, are in excess of six acres; or

[ii]

In the case of a minor subdivision, the lots to be created are six acres or more in size, in which case the Planning Board may simply require that any house or accessory use thereto be located at least 150 feet from the nearest agricultural activity or use.

[b]

The Planning Board may waive entirely or reduce the size of an agricultural buffer, provided that it is determined by the Planning Board that the location of the non-agricultural use or activity in relation to the agricultural use or activity will not adversely affect the agricultural use or activity, including restrictions on the spraying or crops or fields.

[c]

Areas to be buffered. All major residential subdivisions and major site plans shall include in their design agricultural buffers which shall be installed with the purpose of providing a buffer and barrier between the residential subdivision or site development requiring a major site plan and an adjacent agricultural use. The subdivision or site plan design shall include this buffer along any shared lot line with an active farm use and shall be designed with the purpose of acting as a separation and buffer between lands used as farmland, as defined within this section, and residential uses. The buffer shall not be required for developments which abut certified woodland.

[d]

Design standards.

[i]

A landscaped buffer of not less than 150 feet in width shall be provided within lots which are adjacent to any shared lot line with an active farm use. This buffer area shall be in addition to the minimum lot size otherwise required for all lots within the development.

[ii]

Such agricultural buffer areas shall not be utilized or included in measurement for establishing setbacks for construction or yard requirements on the lots.

[iii]

Buffers may be comprised of earth berms, fences, and landscaping, which shall be of a sufficient quantity, species and size to prevent the free movement between the residential subdivision and the farming operation and to add some protection from noise, dust, light, spray and the like. The buffering shall be designed to insure a year-round high and low visual screen and consist of evergreen and deciduous trees and shrubs. Any physical barriers to be constructed, such as fencing, shall be constructed within the buffer area. Infrastructure required for the development may be contained within the buffer as long as the structures are underground.

[iv]

More than one species of evergreen and deciduous trees is to be provided to reduce the effects of potential tree disease and to provide a more naturalized buffer.

[v]

Low shrubs such as hollies and other thorn-bearing shrubs shall be utilized to discourage pedestrian traffic through the buffer area.

[vi]

If shade trees are to be installed, they shall be provided in the buffer at the rate of one tree per 1,000 square feet of buffer area. The trees shall be set back from the property line to accommodate the mature spread of the tree and to avoid overhang into the agricultural property.

[vii]

Landscaping buffers shall be designed to block 75% of all views from one side to the other five years after planting.

[viii]

Additional buffering features are to be provided as may be found necessary by the Planning Board.

[ix]

The plantings may consist of those listed in § 405-62A(4)(cc) and, in addition thereto, those plantings which may be natural or indigenous to the area in question and which have a strong likelihood of providing a deterrent so as to prohibit passage through said living fence area, subject to the provisions of this section. The species provided for herein are intended to be utilized as recommended examples of living plants that will form a fence. Other plantings may be substituted, depending on the site, sunlight, soil and such other conditions as would apply to probable growth of the planting. The Planning Board shall determine the type of plant material to be used at the time of development approval and shall take into consideration recommendations of its professionals and the owners or farmers of the adjacent farmland in making such determination.

[x]

The standards and specifications which must be depicted on the plan shall include:

[A]

The plantings to be utilized.

[B]

The size of the plants (minimum size shall be specified).

[C]

Distance between plants.

[D]

Proposed elevation of plants.

[xi]

Planting size requirements. The following minimum plant sizes shall be required for any landscape material, measured in accordance with American Nurserymen's Association standards:

[A]

Shade trees: 1 1/2 to two inches in caliper.

[B]

Ornamental trees: six to eight feet in height.

[C]

Evergreen trees: six to eight feet in height.

[D]

Shrubs, both deciduous and evergreen:

	{1}	Prostrate (spreading): at least 12 inches and up to 15 inches in spread.
	{2}	Small (mature size under three feet in height): at least 12 inches and up to 15 inches in height.
	{3}	Large (mature size three feet or greater in height): at least 24 inches and up to 30 inches in height.

[xii]

In addition, the Planning Board, in its sole discretion, may require the developer to construct a fence within the agricultural buffer area along the boundary line with the adjacent property meeting the following specifications:

[A]

The buffer fence, when required, shall be a four- to six-foot-high fence, installed on the property of the development. The fence shall be installed by the applicant and/or developer. The Planning Board shall determine the type of fence after considering the recommendations of its professionals as well as comments of the owners or farmers of the involved adjacent farmland.

[B]

The Board may grant exceptions to this requirement as may be reasonable and within the general purpose and intent of the provisions of this Subsection A(4)(k) literal enforcement of the requirement is impractical.

[3]

Solar energy generating facilities.

[a]

Buffer. The Planning Board shall require the establishment of a buffer on the site of ground-mounted solar energy generating facilities, structures and equipment that occupy more than one acre of land to provide for sound abatement, visual screening, and to otherwise prevent conflicts with adjoining uses as stipulated in this Subsection A(4)(k)[3].

[i]

Areas to be buffered. Buffers shall be provided along all property lines and public rights-of-way.

[ii]

The buffer required by this Subsection A(4)(k)[3] shall not be required where the following conditions occur:

[A]

The solar energy generating facility is located in excess of 400 feet from an existing occupied residence located on an adjoining property.

[B]

The solar energy generating facility is located in excess of 400 feet from the subject property's boundary or an existing public right-of-way.

[iii]

Notwithstanding the provisions contained in § 405-62A(4)(k)[3][a][ii][A] and [B] above, the Planning Board may require a buffer when deemed necessary and appropriate to address visual impacts associated with the facility due to changes in topography or other conditions.

[iv]

The buffer shall be designed and installed with the purpose of providing a vegetative landscape screen between the solar project, adjoining properties and public streets. The buffer shall not be required for those areas of the solar development which abut certified woodland or protected wetlands.

[v]

Design standards.

[A]

The landscaped buffer shall be at least 50 feet in width. This buffer area shall be in addition to the minimum lot size otherwise required for all lots within the development.

[B]

Such buffer areas shall not be utilized or included in measurement for establishing setbacks for construction or yard requirements.

[C]

Buffers may be comprised of earth berms, fences, and landscaping, which shall be of a sufficient quantity, species and size to insure a year-round high and low visual screen and consist of evergreen and deciduous trees and shrubs. Any physical barriers to be constructed, such as fencing, shall be constructed within the buffer area.

[D]

Plant materials utilized within the vegetative screen shall be appropriate in terms of species and size to ensure there is a seventy-five-percent screening of the energy generating facilities, equipment and structures within three years, and a one-hundred-percent screen within five years after planting.

[E]

Infrastructure required for the development may be contained within the buffer as long as the structures are underground.

[F]

Access roads are permitted within the buffer. Interior service roads intended to provide access to the solar facilities are not permitted within the buffer.

[G]

Roadways within the area occupied by the solar facilities shall be designed to minimize the extent of roadways constructed and associated soil compaction. The temporary use of geotextile fabric and gravel for limited roadways during construction is permitted, provided the geotextile fabric and gravel are removed when construction is complete.

[H]

More than one species of evergreen and deciduous trees is to be provided to reduce the effects of potential tree disease and to provide a more naturalized buffer. Native plantings are encouraged.

[I]

Additional buffering features are to be provided as may be found necessary by the Planning Board.

[J]

The plantings may consist of those listed in § 405-62A(4)(cc) of this chapter and, in addition thereto, those plantings which may be natural or indigenous to the area in question. Other plantings may be substituted, depending on the site, sunlight, soil and such other conditions as would apply to probable growth of the planting. The Planning Board shall determine the type of plant material to be used at the time of development approval and shall take into consideration recommendations of its professionals and the owners of adjacent property in making such determination.

[K]

The standards and specifications which must be depicted on the plan shall include:

	{1}	The plantings to be utilized.
	{2}	The size of the plants (minimum size shall be specified).
	{3}	Distance between plants.
	{4}	Proposed elevation of plants.

[L]

Planting size requirements. Minimum plant sizes shall be measured in accordance with American Nurserymen's Association standards.

[M]

Fence. In addition, the Planning Board, in its sole discretion, may require the developer to construct a fence within the buffer area along the boundary line with the adjacent property meeting the following specifications:

	{1}	The buffer fence, when required, shall be a four- to six-foot-high fence, installed on the property of the development. The fence shall be installed by the applicant and/or developer. The Planning Board shall determine the type of fence after considering the recommendations of its professionals and comments of the owners of adjacent property.
	{2}	The Planning Board may grant exceptions to this requirement as may be reasonable and within the general purpose and intent of the provisions of this subsection if literal enforcement of the requirement is impractical.

[b]

Groundcover. The following standards for establishing and maintaining a permanent groundcover on a solar energy generating site shall apply:

[i]

Seeding.

[A]

If applicable, harvest or plow under winter crop prior seed ripening.

[B]

Smooth till area; no plow or disk furrows.

[C]

Apply ground limestone at a rate in pounds per 1,000 square feet as follows:

	{1}	Clay, clay loam, and high organic soil: 135;
	{2}	Sandy loam, loam, silt loam: 90;
	{3}	Loamy sand, sand: 45; or
	{4}	Other amounts as determined by soil testing.

[D]

Apply fertilizer (10-20-10) at a rate of 11 pounds per 1,000 square feet.

[E]

Plant seed mix with Brillion or smooth-type cultivator between April 1 and May 31, or between August 1 and October 15.

[F]

Plant seed approximately 1/2 inch to one inch deep.

[G]

Mulch with unrotted small grain straw, hay free of seed or salt hay applied at a rate of 70 pounds per 1,000 square feet.

	Recommended Seed Mix (at 100 pounds per acre)
	Type of Seed Mix	Percentage
	Hard fescue	55%
	Chewings fescue	15%
	Creeping fescue	15%
	Oats	10%
	Alsike clover	5%

[ii]

Maintenance. After one full nonconstruction growing season the following maintenance is required:

[A]

All bare spots greater than one square foot are to be raked/scratched, seeded and raked in.

[B]

The entire area shall be mowed at the end of the growing season.

[C]

Weed killer should be applied to those areas where no plant growth is desired. Earth screws should be checked and sprayed for any vines or climbing weeds. Extreme care should be taken as some of the plants specified are very susceptible to herbicides.

[3.1]

Buffers for warehouses and industrial-style buildings. The Planning Board shall require the establishment of a buffer on the site of a warehouse or similar freestanding industrial-style building with a gross floor area of 100,000 or more square feet, to provide for visual screening and to otherwise prevent conflicts with adjoining uses.

[Added 12-30-2021 by Ord. No. 832]

[a]

Buffers shall be provided along all property lines (with the exception of property lines abutting rail ways), and public rights-of-way.

[b]

Buffers shall be designed and installed with the purpose of providing a landscape screen between the warehouse or similar industrial-style buildings, adjoining properties and public streets. The buffer shall not be required for those areas of the development which abut certified woodland or protected wetlands.

[c]

Design standards.

[i]

The minimum landscaped buffer width shall be at 25 feet; where buildings exceed 40 feet in height the minimum buffer width shall be 40 feet.

[ii]

Such buffer areas shall be included in measurement for establishing setbacks and yard requirements.

[iii]

Buffers may be comprised of earth berms, fences, walls, and landscaping, which shall be of a sufficient quantity, species and size to insure a year-round high and low visual screen and consist of evergreen and deciduous trees and shrubs. Any physical barriers to be constructed, such as fencing or walls, shall be constructed within the buffer area.

[iv]

When a development is adjacent to residentially zoned properties, the Planning Board may require the developer to construct a landscape buffer, an eight-foot-high masonry or precast concrete wall, or opaque fence along all perimeter edge buffers to the residentially zoned properties.

[v]

Infrastructure required for the development may be contained within the buffer as long as the structures are underground.

[vi]

Buffer areas shall contain no internal driveways, parking areas, patios, stormwater detention facilities, or any other structures or accessory uses except for a fence, wall, or earthen berm constructed to provide the visual screening required to meet the standards of this Code. Underground utilities (including underground stormwater management facilities) may be permitted to cross a buffer if the screening standards of this Code will be subsequently achieved. Vehicular access, utilities, project signage and site lighting may be allowed through a buffer in conjunction with site plan approval.

[vii]

More than one species of evergreen and deciduous trees is to be provided to reduce the effects of potential tree disease and to provide a more naturalized buffer. Native plantings are encouraged.

[viii]

[ix]

The standards and specifications which must be depicted on the plan shall include:

[A]

The plantings to be utilized.

[B]

The size of the plants (minimum size shall be specified).

[C]

Distance between plants.

[D]

Proposed elevation of plants.

[x]

Planting size requirements. Minimum plant sizes shall be measured in accordance with American Nurserymen's Association standards.

[4]

Natural buffers.

[a]

Natural buffers may contain deciduous or perennial vegetation, but shall contain evergreen shrubs and trees suitable to local growing conditions that will provide an opaque visual screen year-round.

[b]

Natural buffers shall be protected during construction following the provisions of § 405-62A(4)(d), Preservation of existing features.

[5]

Structural buffers. Structural buffers shall meet the following criteria:

[a]

Structural buffers shall be vegetated throughout the minimum area required for the buffer around any fences or walls and upon any earthen berms, which may include grass, groundcovers, shrubs, and trees.

[b]

All earthen berms shall have a maximum side slope of 50% (one foot of vertical rise to two feet of horizontal run). Earthen berms shall not be constructed within the dripline of any existing trees that will remain on the property.

[c]

Trees shall be located or planted within any structural buffer at a density of no less than one tree for each 30 feet of buffer length or portion thereof. New deciduous trees shall have a caliper of no less than 2.5 inches upon planting, and new evergreens shall be at least six feet tall when planted. Trees may be clustered for decorative effect following professional landscaping standards for spacing, location, and design.

[d]

Fences and freestanding walls shall present a finished and decorative appearance to the abutting property and shall be located no closer than two feet to the property line. Shrubs, groundcovers, or other vegetation shall be provided between the fence or wall and the property line and contained on the subject property so as to provide a decorative effect, following professional landscaping standards for plant material, spacing, location and design.

[e]

Fences used in buffers must be made of rot-resistant material or protected from deterioration with waterproofing material.

[6]

Examples of buffers.

[a]

The accompanying illustration provides examples of natural and structural buffers. Other solutions meeting the minimum requirements of this subsection are also acceptable.

[b]

Every buffer required by this ordinance shall be maintained by the owner of the property where the buffer is located, so as to provide an opaque visual screen to a height of at least six feet on a continuous, year-round basis.

[7]

Buffer modifications and exceptions.

[a]

Automatic reduction in buffer width. If a structural buffer is provided that creates an opaque screen to a height of no less than eight feet instead of six feet, the buffer may be reduced to a width of no less than 75% of the buffer width otherwise required, but in no case less than 10 feet.

[b]

Location of buffers. Buffers are to be located on the site to best achieve the screening required by this ordinance.

[c]

If all or any part of the buffer has been provided by the adjacent property, the proposed use must provide only that amount of the buffer that has not been provided on the adjacent property.

[d]

Exceptions to buffer requirement. No buffer shall be constructed upon the occurrence of any of the following:

[i]

Where the installation of the buffer would pass into, through, or upon any area described by the State of New Jersey as "wetlands" or "wetland transition areas."

[ii]

Where natural boundaries would prevent the construction of any buffer, including actual waterways, or a naturally existing forest with sufficient density that would prohibit the construction of the buffer.

[iii]

Areas on slopes exceeding 20%.

[iv]

Areas where the construction of a buffer is likely to alter or modify or restrict the flow of water or waters so as to create any damming effect.

[v]

No buffer may be erected in or traverse a dedicated sight triangle. No buffer may impede or interfere with the maintenance of a clear sight distance at any point of access to a roadway within the Township.

[vi]

This screen planting requirement may be waived entirely or partially by the Land Development Board to the extent that a screen of trees or natural plant material already exists on either side of the boundary line between the nonagricultural land uses and the farmland.

[vii]

Wooded sites. Where densely wooded areas or growth would be required to be removed, such as woods, in order that berms, fences or other features be constructed. This exception shall not be construed to prohibit the removal of separate and single trees or other growth similar thereto for the purpose of installing the buffer.

[8]

Installation requirements.

[a]

All plant materials shall be installed in accordance with the current edition of the American Standard for Nursery Stock. Plant materials shall be installed in accordance with an approved landscape plan when required as part of site plan or subdivision review. All plant material shall be guaranteed with an appropriate surety for a period of two years after final inspection.

[b]

The screen planting or landscaping shall be planted and/or constructed in the case of mounds or berms in reasonable proximity to any fencing required.

[c]

Removal of existing trees or natural vegetative cover shall only be permitted if said trees and/or natural vegetative cover was not approved as justifying a waiver or reduction in the agricultural buffer; or after submission of a landscaping plan justifying to the satisfaction of the Land Development Board why such removal is necessary and showing a proposed replanting of said area where such removal is proposed and which plan is approved by the Planning Board in consultation with the Environmental Commission and a performance and maintenance bond is posted to insure said plan's completion.

[d]

Buffers shall be installed so as to incorporate natural areas of wetlands, dense or mature growth or other unique physical features and keep them in the same condition both before and after the development, as near as possible.

[e]

Diversion of water flow.

[i]

No buffer shall be installed in any way so as to interrupt the flow of waters across lands where water has previously flowed naturally, and the grading shall be reviewed by the Board Engineer at the time of development approval.

[ii]

The contour of the land shall not be changed by more than 10% to accommodate a buffer so as not to modify or change the natural areas of water flow across lands.

[iii]

No buffer shall be installed in such a fashion that it would act as a dam or diversion of waters to other areas.

[9]

Time for construction. The buffers are to be installed and completed prior to the issuance of the first certificate of occupancy for each section or phase in the section related to the certificate of occupancy and buffer. This subsection shall be applicable for each subsequent section or phase sought to be developed.

[10]

Responsibility for maintenance; removal prohibited.

[a]

Where a buffer shall have been installed pursuant to the terms of this chapter, the following parties shall be responsible for the maintenance of the buffer:

[i]

The homeowners' association where a homeowners' association has been established.

[ii]

In the alternate where no homeowners' association shall have been established, the individual homeowner where the buffer shall be situate.

[iii]

The owner of the real estate or development upon which the fence is situated.

[b]

No buffer shall be removed by the homeowners' association or any owner or by any other party.

[c]

Maintenance standards. A buffer shall be maintained applying the following standards:

[i]

The buffer shall be trimmed and maintained in such a way as to create a barrier of a living and green variety.

[ii]

The property owner is responsible for the maintenance of the buffer as set forth herein and shall at all times be responsible for the continued upkeep, maintenance, replanting, if necessary, trimming, removal of debris and trash and to take those steps necessary to insure that the living fence shall be maintained in a safe and neat condition.

[iii]

The buffer shall be maintained, mowed and trimmed to prevent the growth of noxious weeds.

[11]

Deed restrictions.

[a]

Wherever a buffer shall be required under this subsection or any amendments thereto, said buffer shall be restricted by deed restriction against the construction of any structure other than fencing, walls, drainage facilities or underground structures and against the removal of any screen of trees or hedgerows so long as the subject property requires a buffer to conform to this Subsection A(4). The applicant/developer shall establish deed restrictions which shall contain the following limitations, restrictions, and standards:

[i]

A deed restriction shall require that the buffer shall not be removed unless the adjoining property shall no longer be used for any of the purposes established in this subsection. In the case of an agricultural buffer, should the adjacent property fail to be farmland assessed for a minimum period of three years, the homeowners' association or other property owner affected by the buffer may apply to the governing body of the Township for approval to remove the deed restriction.

[ii]

No fence or hedgerow shall be modified which may result in changes in drainage on adjacent property.

[iii]

Established woodlands and hedgerows shall not be altered in any fashion to change or modify the purpose for which they were originally intended as a barrier.

[iv]

Woodlands, hedgerows and fences at all times shall be maintained pursuant to the deed restrictions so as to prohibit access to and from adjoining properties by persons and machines, and maintain natural surface water drainage, if applicable.

[v]

Hedgerows or living fences may contain briars and other natural plants which shall not be destroyed or removed unless required for reasons of health, safety, or the welfare of the adjacent farming operation.

[b]

The deed restriction shall be recorded in the Cumberland County Clerk's office and disclosed to any purchaser of lands being developed.

[c]

This deed restriction may be enforced by the Township of Upper Deerfield or the adjoining property which is benefiting from the buffer.

[d]

Deed restrictions shall be submitted to the Planning Board of Upper Deerfield Township for purposes of review and approval prior to filing upon land records of the county.

[12]

Enforcement. This subsection may be enforced by a developer, any landowner, any adjoining landowner, and any person holding any prescriptive right or easement right, any homeowners' association, or the municipality. The Planning Board may require provision for maintenance of such areas by individual property owners or homeowners' associations, easements and other legal restrictions which will provide a means of preserving and maintaining the buffer area and/or screening required and permit the Township or other third parties to become involved in the event that the property owner fails to comply with the provisions of any such legal restrictions. Should the Township enforce these provisions, they may levy the cost of this enforcement against the individual lot owners as a lien against the property as permitted by law.

[13]

Abandonment. Upon the abandonment or modification of the use requiring the buffer, such that the buffer would no longer be required pursuant to this subsection, the buffer may, upon affirmation from the approving authority, be removed by the owner of the property on which the buffer is situate. If a property owner believes the buffer restriction may be removed because of an abandonment of use, he shall apply to the Zoning Officer of the municipality for a determination in support of this request. The formal request shall then be made to the governing body. If the buffer was the subject of a bond, the formal release of the deed restriction authorized by the governing body shall also permit the release or reduction of the bond.

	Table 4.1 Bufferyard Design
	Minimum Width Of Bufferyard (in feet)	Landscaping Required per 35 Linear Feet of Property Line or Right-of-Way
	10	1 shade tree and 4 large shrubs
	20	1 shade tree and 6 large shrubs
	30	1 shade tree, 1 evergreen tree and 10 large shrubs
	40	1 shade tree, 2 evergreen trees and 10 large shrubs

(l)

Parking lot and loading area landscaping.

[1]

The following landscape requirements apply to any parking lot designed or intended to accommodate five or more vehicles and are intended to screen parking areas from the street, prevent large expanses of unbroken paving, and provide shade to cool paved areas during the hot summer months. The requirements are established for three areas: along the public right-of-way, along the parking lot's perimeter, and in the lot's interior.

[2]

Landscape strips or other planting areas shall be located within the parking lot and shall constitute at least 10% of the entire area devoted to parking spaces, drive aisles and connecting driveways.

[3]

Landscape islands, strips or other planting areas shall be landscaped with any combination of such plant materials as trees, shrubs, grass or ground cover, except for those areas that are mulched. Such planting areas shall be well drained and contain suitable soil for the planting materials they contain.

[4]

Where underlying soils may not be conducive to infiltration, bioretention areas should be incorporated into the parking lot as concaved landscaped areas and situated below the grade of the parking spaces and driving aisles so that stormwater runoff is directed as sheet flow into the bioretention area trapped by such islands. Bioretention areas can be used in concert with pervious paving surfaces to maximize the attenuation of runoff. Spacing and layout of the bioretention area should be designed so runoff is maintained as sheet flow from the driving surfaces into the bioretention area.

[5]

Parking lots that incorporate bioretention areas into the landscaped portions of the parking lot should use wheel stops or bollards (in or adjacent to pedestrian accessways) where direct overland flow or curb cuts are utilized to drain runoff to a vegetated open channel or bioretention area behind the curb to protect the area from traffic intrusion while also allowing the parking lot runoff to pass.


Parking Island Bioretention Cell Cross Section


Bioretention Cell at Parking Lot with Curb Cuts

[6]

Shade trees.

[a]

Shade trees shall be provided within or immediately adjacent to and surrounding the parking lot at a ratio of at least one tree for every eight parking spaces, or portion thereof.

[b]

Shade trees must be placed in or around the parking lot such that every parking space is within 40 feet of a shade tree. The forty-foot distance is measured from the center of the tree to any point within the parking space.

[c]

New shade trees shall have a caliper of no less than 2.5 inches upon planting and shall be maintained in good condition. Trees removed as a result of disease, damage or death must be replaced with approved plantings.

[7]

Tree planting areas. Tree planting areas shall be no less than eight feet in width at their widest point and shall provide at least 200 square feet of usable planting area per tree. No tree shall be located less than two feet from the back of the curb. All parking lot landscape islands, strips or other planting areas shall be curbed in accordance with Township specifications.

[8]

Landscape strip along the right-of-way.

[a]

When a parking lot is located adjacent to a public right-of-way or public street, a landscape strip that screens the views of parked cars to passing motorists and pedestrians, blocks headlight glare, and establishes coordination among architecturally diverse buildings shall be provided.

[b]

These minimum requirements apply to all parking lots adjacent to a street except those used in association with single-family dwellings. To provide flexible standards that are sensitive to the character of the area and reflect site constraints and opportunities, five options are available to meet the landscaped strip requirements.

[c]

Understory plants installed to meet the requirements of the parking lot landscaped strip shall be evergreen or dense deciduous shrubs. Plants used exclusively for screening must reach a minimum height of 30 inches within three years of installation and be at least 18 inches tall when planted.

[9]

The visual screening may be provided in any of the following ways:

[a]

Planted only. A hedge consisting of at least a single row of shrubs planted three feet on-center that will spread into a continuous visual screen within two growing seasons. Shrubs must be at least 18 inches tall at the time of planting, and be certified by a registered landscape architect to be of a species that will normally exceed three feet in height at maturity and are suitable for the parking lot application. The hedge must be set back at least four feet from the street right-of-way line.

[b]

Earthen berm. An earthen berm constructed to a height of three feet above the adjacent elevation of the street or parking/loading area, whichever is highest, shall not exceed a slope of 50% and shall have a crown of at least two feet. The berm shall be designed and constructed to accommodate surface drainage plans for the property so as not to create surface runoff problems. Berms shall be provided with four inches of screened topsoil and planted in groundcovers and other plant materials to achieve a decorative effect to the reasonable satisfaction of the Township of Upper Deerfield.

[c]

Wall. A wall of brick, stone or finished and textured concrete may be constructed to a height of three feet above the adjacent elevation of the street or parking/loading area, whichever is highest, and landscaped with plant material to achieve a decorative effect to the reasonable satisfaction of the Township of Upper Deerfield. The wall must be set back at least four feet from the street right-of-way line.


Figure 4-1. Parking Lot Landscaped Strip, Option 1
Provide a minimum ten-foot-wide strip between a right-of-way and the parking lot, planted with a minimum of one shade tree and 10 medium shrubs for every 35 linear feet of street frontage, excluding driveway openings.


Figure 4-2. Parking Lot Landscaped Strip, Option 2
Provide a berm at least 2.5 feet higher than the finished elevation of the parking lot. The berm shall have a minimum side slope of 2:1 and a minimum crown width of two feet. Live vegetation must cover the berm with a minimum of one shade tree and five medium shrubs for every 35 linear feet of street frontage, excluding driveway openings.


Figure 4-3. Parking Lot Landscaped Strip, Option 3
Provide a six-foot landscaped strip with a minimum three-foot grade drop from the right-of-way to the parking lot. A minimum of one shade tree and five medium shrubs are required for every 35 linear feet of street frontage, excluding driveway openings.


Figure 4-4. Parking Lot Landscaped Strip, Option 4
Provide a three-foot-high opaque fence or wall constructed of materials compatible with the principal building and a four-foot-wide landscaped strip planted with vegetative ground cover (low-growing, dense vegetation), and a minimum of one shade tree for every 35 linear feet of street, excluding driveway openings.


Figure 4-5. Parking Lot Landscaped Strip, Option 5
Preserve a twenty-five-foot-wide strip of existing woodlands in lieu of the landscaping requirement.

[10]

Perimeter landscaping is required to define parking areas and to prevent two adjacent lots from becoming one large expanse of paving. The required perimeter landscaping between adjacent lots does not preclude the need to provide vehicular access between the lots.

[a]

Figure 4-6 illustrates the required perimeter landscape strip. For lots 10,000 square feet or smaller, the landscape strip must be a minimum of three feet wide. Lots larger than 10,000 square feet must have a landscape strip at least five feet wide.

[b]

One tree and three small shrubs are required for every 35 linear feet, excluding vehicular access aisles. Understory plants installed to meet the requirements of the parking lot landscaped perimeter shall be evergreen or dense deciduous shrubs.

[c]

The applicant may preserve existing woodlands at least 25 feet in width located within the same parcel in lieu of the above perimeter landscaping requirements.


Figure 4-6. Parking Lot Perimeter


Figure 4-7. Parking Lot Interior Calculations.

[11]

Interior parking lot landscaping requirements are required for all parking lots 7,000 square feet or larger. Figure 4-7 illustrates how to calculate the required interior lot planting. All areas within the lots' perimeter are counted, including planting islands, curbed areas, corner lots, parking spaces, interior driveways and aisles. Only driveways and aisles with no parking spaces located on either side are excluded from the interior area calculation.

[a]

For all parking lots 7,000 square feet or larger, 8% of the total area must be an interior planting area.

[b]

Landscaped areas outside the parking lot may not be used to meet the interior planting requirement.

[c]

All rows of parking spaces shall be provided a terminal island with concrete curbs and at least 130 square feet of area to protect parked vehicles, provide visibility, confine moving traffic to aisles and driveways, and provide space for landscaping.

[d]

Landscaped islands with concrete curbs and at least 130 square feet of area shall be provided every 10 spaces or less within a row of spaces for multi-family residential sites and every 15 spaces or less within a row of spaces for commercial developments. Planting islands should be evenly spaced throughout the parking lot to consistently reduce the visual impact of long rows of parked cars. Islands shall be utilized where needed to control vehicular circulation and define major drives.

[e]

At least one tree shall be provided for each landscaped island area. Islands exceeding 260 square feet shall have two or more trees. These trees must have a clear trunk at least six feet above the finished grade to allow for visibility and vehicular circulation beneath the tree canopy. Vegetative groundcover or low shrubs listed on Table 4.6 shall be planted in all landscaped island areas. Gravel and bark mulch may not be substituted for the groundcover or low shrubs.

[f]

To prevent cars from parking too close to trees or damaging shrubs, an extended curb or wheel stop must be provided. Planting islands parallel to parking spaces must be a minimum of five feet wide to allow car doors to swing open.

(m)

Commercial and industrial streetscapes.

[1]

The following landscape strip requirements apply to all commercial and industrial zones and all nonresidential uses within a residential zone. The strip must be located on the subject property, adjacent to the public right-of-way or private streets, and may not include paved surfaces, with the exception of driveway openings and pedestrian sidewalks or trails that cross the strip.

[2]

To provide flexible standards that recognize site characteristics, constraints and opportunities, three options are available to meet the landscaped strip requirements.

[3]

In the above options, two ornamental trees may substitute for one required shade tree. One shade tree may substitute for five medium shrubs; however, shrubs may not be substituted for required trees.


Figure 4-8. Commercial and Industrial Landscaped Strip, Option 1
Provide a minimum ten-foot-wide strip between the right-of-way and the building, planted with a minimum of one shade tree and 10 medium shrubs for every 35 linear feet of street frontage, excluding driveway openings.


Figure 4-9. Commercial and Industrial Landscaped Strip, Option 2.
Provide a landscape strip a minimum of 10 feet wide and maximum of 20 feet wide and an average width of 15 feet adjacent to the public right-of-way, planted with a minimum of one shade tree and five medium shrubs for every 35 linear feet of street frontage, excluding driveway openings.


Figure 4-10. Commercial and Industrial Landscaped Strip, Option 3.
Preserve a twenty-five-foot-wide strip of existing woodlands in lieu of the landscape strip.

(n)

Building perimeter. A landscaped area shall be provided between all non-residential buildings, residential buildings containing three or more dwelling units and mixed use buildings, and the public right-of-way and along the primary facade.

[1]

The landscaped area shall be equal to the full linear length of the building base oriented toward the public right-of-way and have a minimum depth of four feet.

[2]

At least 50% of the required landscaped area shall consist of landscaping capable of achieving a minimum of 30 inches in height, with one shade tree planted for each 25 feet or fraction thereof of the lineal building facade, or one understory tree planted for each 15 feet or fraction thereof of the lineal building facade.

[3]

The layout of the required landscape shall be at the discretion of the owner, such that the required square footage may be aggregated to provide maximum aesthetic value. However, each perimeter requiring landscape must have at least 50% of the required landscape along that perimeter.

(o)

Loading spaces and loading docks. Loading areas consisting of two or more loading spaces, and loading docks visible from a public right-of-way or abutting other property shall be screened by a masonry wall and landscape buffer. The wall shall be a minimum of six feet in height using architectural design, materials and colors that are consistent with those of the primary structure. The landscape buffer shall be a minimum of five feet in width, a minimum of three feet in height, and fifty-percent opaque at planting and capable of attaining a height of five feet and seventy-five-percent opaqueness within 18 months.

(p)

Solid waste storage and building service areas. All trash dumpsters, trash pads, trash compactors and refuse storage areas shall be screened from land in a residential zone and must be screened if visible from a public street. Such screening may be achieved by using a minimum six-foot-high, completely opaque fence or wall, a six-foot-high berm, or a six-foot-high evergreen screen. The height of this screen shall be measured from the grade of the nearest street or from the average grade of the adjoining residential property line, as applicable.

(q)

Screening walls. A screening wall on a side property line shall be no more than four feet in height where it projects forward of the building setback line. Landscaping shall be provided in the form of a hedge and shrubs planted adjacent to the wall and shall be equal to at least 25% of its length.

(r)

Open storage areas. An open storage area shall not be permitted unless it is totally screened from the public right-of-way and adjacent properties. An open storage area shall be screened by a six-foot-high masonry wall or ten-foot-wide landscape buffer. The landscape buffer must be a minimum of three feet in height and fifty-percent opaque at planting and be capable of attaining a height of five feet and seventy-five-percent opaqueness within 18 months.

(s)

Merchandise display areas. Merchandise display areas (e.g., garden centers), that are visible from a public right-of-way shall be fenced by a vinyl-coated chain-link or other decorative metal fencing. Additionally, the merchandise display area shall be landscaped, integrated into the design of the primary structure using landscaping adjacent to the perimeter, and utilize one of the following techniques:

[1]

Masonry columns constructed of the same materials and color of the main building, spaced a minimum of 25 feet apart; or

[2]

A freestanding wall constructed of the same material, color, height and style as the main building along the entire length of the fenced merchandise display area that covers at least 50% of the fenced storage area.

(t)

Drive-through windows. Drive-through windows and lanes adjacent to or visible from public or private rights-of-way or roadways shall be landscaped with an eight-foot-wide buffer (for primary facade) or five-foot-wide buffer (for secondary facade) and of an appropriate length. The buffer shall be a minimum of three feet in height and fifty-percent opaque at planting, be maintained at a minimum of three feet and be capable of attaining a height of five feet, and be seventy-five-percent opaque within 18 months. The buffer shall contain understory trees consistent with the appropriate primary or secondary facade requirements.

(u)

Big box retailers. Big box retailers (freestanding industrial-style one-story buildings with a floor of approximately 100,000 to 200,000 square feet) shall adhere to the following requirements:

[1]

Berms.

[a]

Earth berming shall be required within all perimeter edge buffers located between parking areas and adjacent street rights-of-way. Such berming shall achieve a minimum finished-grade height of 24 inches above the finished grade of either:

[i]

The top of the adjacent planter curb; or

[ii]

The adjacent sidewalk, whichever is higher.

[b]

However, in no case may the slopes of any berms exceed a 3:1 slope. Such bermed perimeter planting buffer strips shall incorporate a continuous line of shrubs, at least two rows deep. Groundcover plantings shall be incorporated within the planting design. Curvilinear shrub and groundcover planting patterns (in lieu of straight-line planting patterns) which meander within the planting strip, and across the top of berms, shall be encouraged.

[2]

Walls and columns.

[a]

Eight-foot-high masonry or precast concrete walls shall be required along all perimeter edge buffers which are adjacent to residentially zoned properties. Such eight-foot-high walls shall include columns which project a minimum of six inches from the face of the adjacent wall segments. The columns shall be spaced no more than 50 feet on-center; shall extend a minimum of eight inches above the height of the adjacent wall segments; and shall incorporate a flared finial or cap component. Furthermore, the wall segments between columns shall incorporate a continuous, flared cap block (or widened top edge for precast) feature along the entire wall segment. The masonry wall cap block shall project from the wall face a minimum of three inches. Preformed and decorative patterns and indentations shall be incorporated on any precast concrete wall segments. Such precast pattern(s) shall coincide with the architectural trim and finish of the principal structure.

[b]

When site conditions preclude the perimeter edge buffer berming otherwise required between parking areas and adjacent rights-of-way, as outlined above, a masonry or pre-cast knee wall 36 inches to 48 inches high) shall be constructed within a minimum ten-foot-wide planter strip between parking areas and adjacent street rights-of-way. Pre-cast knee walls shall incorporate a brick or stone veneer surface which is architecturally compatible with the surface materials used on the principal structure. Pre-cast knee walls which feature only a smooth or stucco finish shall be prohibited. Such knee walls shall incorporate the above-referenced columns. However, spacing between knee wall columns shall be no greater than 40 feet on-center. The columns shall project a minimum of six inches from the face of the adjacent wall segments and shall extend above the adjacent wall segments between six and 18 inches.

[c]

Furthermore, the wall segments between columns shall incorporate a continuous, flared, cap block component along the entire wall (or widened top edge for pre-cast walls). The cap block shall project from the wall face a minimum of three inches. Decorative metal railings, or other trim components installed along the top of such knee walls, shall be encouraged.

[3]

Dumpsters, loading docks, compactors, and the like shall be screened so as not to be visible from adjacent rights-of-way and/or adjacent residentially zoned properties. To the greatest extent possible, steps shall also be taken to noise buffer such store service areas from adjacent residentially zoned parcels and shall comply with all existing noise pollution performance standards.

(v)

Residential landscaping. All major residential developments shall meet the following requirements for minimum planting and buffering of rear yards from minor collector streets and higher functional road classifications:

[1]

Trees in residential subdivisions should be grouped together to simulate natural tree stands.

[2]

Yards, setbacks, and other open space areas within residential developments shall be landscaped with live vegetation. The minimum number of shade and evergreen or ornamental trees to be planted on each lot is a function of the lot size. Table 4.2 specifies the minimum tree requirements.

[3]

To allow for flexibility and creativity, two ornamental or two evergreen trees may substitute for one required shade tree. Substitutions may be made for up to 1/2 of the number of required shade trees, but in all cases, at least one shade tree must be planted.

Table 4.2 On-Site Residential Planting Requirements
Residential Type	Minimum Number of Shade Trees	Number of Ornamental or Evergreen Trees	Notes
Single-family or two-family development	One per dwelling unit	One per dwelling unit	Shade tree shall be located in the front yard
Multifamily dwelling developments	One per 1,200 square feet or fraction thereof of the building footprint		See Subsection A(4) for explanation of green area and permissible plant substitutions

[4]

When determining the amount of trees required for multifamily dwellings, the following features are not included in the landscape area calculation: lakes and other water features, required parking lot landscaping along a right-of-way, and interior parking lot landscape areas. Figure 4-11 illustrates this calculation.

[5]

Trees fulfilling the perimeter bufferyard requirements may be counted toward the minimum planting requirements. Existing trees and woodlands may also fulfill part or the entire minimum planting requirements. The existing trees must be at least four inches (DBH) and must be located on an individual lot within 75 feet of a dwelling unit. For subdivisions, existing shade trees at least four inches (DBH) and located on an individual lot or common green area may fulfill part or the entire shade tree requirement for that site.

[6]

The side and rear yards along the perimeter of any residential development (including single-family residential, multi-family residential and manufactured housing) must be screened from the view of any street classified as a collector or higher classification street. The buffer is required either on individual lots, or as part of the common open space owned and maintained by a homeowners association. Buffer landscaping shall not encroach into the sight triangles (Figure 4-12) at street intersections. Privacy fences, if constructed, shall be on the residential structure side of the lot. The bufferyard shall be a minimum of 20 feet wide and planted with a minimum of one shade tree, two evergreen trees, and four large shrubs per every 15 linear feet (or fraction thereof) of right-of-way.

[7]

If existing woodlands are located entirely in the buffer area, preserving existing trees may satisfy all or a portion of the planting requirements. If existing woodlands are partially located within the buffer area, the number of shade trees, evergreen trees, and shrubs may be proportionately reduced upon approval from the Township.


Figure 4-11. Multifamily Dwelling Landscape Area Calculations.


Figure 4-12. Visibility Triangle.


Figure 4-13. Buffering for Collector, Secondary, Primary, and Arterial Roads.
This buffer shall be a minimum of 20 feet wide with one shade tree, two evergreen trees, and four medium shrubs per each 35 linear feet (or fraction thereof) of right-of-way.

(w)

Waivers: conditions and procedure.

[1]

The Planning Board may, in its discretion, authorize and approve waivers from the requirements and standards of these regulations upon finding that:

[a]

The approval of the waiver request will not be detrimental to the public safety, health, and welfare, or injurious to property within a reasonable proximity to the subject property involved in the waiver request.

[b]

The strict application of the applicable ordinance standard will result in practical difficulties in the development due to the particular physical surroundings, unique constraints, or topographical conditions of the subject property. These conditions will not substantially alter the character of the subject district or neighborhood.

[c]

The practical difficulties were not self-imposed and cannot be overcome by reasonable design alternatives. Financial hardship does not constitute a practical difficulty.

[d]

The waiver request is necessary and represents a minimal deviation from explicit ordinance standards.

[e]

The applicant has provided sufficient justification for the requested waiver in accord with the requirements of the municipal ordinances and the Municipal Land Use Law N.J.S.A 40:55D-1 et seq.

[2]

In approving waivers, the Planning Board may impose such conditions as will, in its judgment, substantially secure the objectives of these regulations.

[3]

Applications for waivers shall be submitted to the Planning Board with application forms as prescribed by the Planning Board. On the application, the applicant shall describe the requested waivers and shall submit justification in support of each requested modification. The applicant shall bear the burden of establishing a sufficient factual basis for each requested modification.

[4]

The Planning Board's decision to grant or deny a modification or to impose a condition is discretionary.

(x)

Alternative compliance.

[1]

Overview.

[a]

The intent of the Tree Preservation and Replacement Ordinance is to insure that a minimum density of trees is maintained on all developed sites. Occasionally, this intent cannot be met because a project site will not bear the required trees. As many trees as can reasonably be expected to survive must be planted on the site in question. To provide a viable alternative for such cases, the developer may be allowed to contribute to the Township of Upper Deerfield Tree Replacement Fund.

[b]

The following standards have been established for administering this alternative compliance method.

[c]

The Township must review and approve all requests for alternative compliance. In no instance shall 75% of the required landscaping be met through alternative compliance. As many trees as can reasonably be expected to survive must be planted on the site in question.

[d]

The building permit will only be issued after the Township has approved the alternative compliance plan and received the necessary documentation and/or funds from the developer.

[2]

Tree planting fund. The Township of Upper Deerfield may accept donations that will be used for the sole purpose of purchasing, planting and maintaining trees on public property and for public education about the benefit of trees.

[a]

Calculating contribution amounts. Contribution calculations are based on 2.5-inch caliper trees by an amount set by the Township annually, representing the average size and cost, materials, labor and guarantee for planting said trees. The contribution per tree established by this ordinance is $350, said amount to be reviewed and revised as appropriate.

[b]

Fund administration. The Township of Upper Deerfield Tree Planting Fund will be administered by the Finance Department. A report for the Tree Planting Fund will be made available to the Mayor and Township Committee upon their request.

[c]

The Township Engineer shall determine the locations for trees to be planted pursuant to this fund.

(y)

Tree replacement standards.

[1]

Introduction.

[a]

The following subsection establishes standards by which plans and field conditions are to be evaluated to determine compliance with the tree replacement intent of this Development Code.

[b]

Tree replacement plans should be prepared with appropriate consideration given to the function of trees in the urban landscape. Every effort should be made to maximize the environmental benefit of the plant material.

[2]

Planting specifications.

[a]

Trees selected for planting must be free from injury, pests, disease, nutritional disorders or root defects, and must be of good vigor in order to assure a reasonable expectation of survival.

[b]

Standards for transplanting shall be in keeping with those established in the International Society of Arboriculture publication Tree and Shrub Transplanting Manual or similar publication. Reference may also be made to the American Association of Nurserymen publication American Standard for Nursery Stock (ANS1260.1, 1996 or latest edition) for plant material quality specifications. Reference may also be made to the Manual of Woody Landscape Plants (Michael Dirr, 1983, Castle Books) or similar publication for information on tree species site requirements.

[3]

Species.

[a]

Species selected as replacement trees must be quality specimens and must be ecologically compatible with the intended growing site. To insure diversity, a minimum of four species of trees shall be used. Sites requiring limited replacement may be evaluated by the Planning Board to allow use of fewer species.

[b]

Flowering ornamental species are typically not acceptable for use in meeting street tree requirements.

[c]

Trees shall only be awarded credit toward the trees required on the site when situated in areas where they may grow to mature height without pruning.

[4]

Minimum root zones. In order to provide sufficient growing area for new trees, the following minimum criteria must be observed unless otherwise approved by the Township:

[a]

Overstory trees: 200 to 250 square feet of pervious root zone.

[b]

Understory trees: 150 square feet of pervious root zone.

[c]

All planting strips: five feet minimum width.

[5]

Irrigation. Newly planted trees and existing trees subjected to construction impacts typically need supplemental watering when rainfall is inadequate. Applicants should be prepared to discuss how trees are to be watered during their establishment or transition period, and shall note on the plan the method of irrigation that is proposed and attendant facilities. For hand watering, for instance, the location of hose bibs must be indicated; automatic systems using the municipal public water supply as the source require a backflow preventer approved by the Township.

[6]

Public street rights-of-way. Trees planted within publicly maintained street rights-of-way may be counted toward the street tree requirement for a site when approved by the Township and conditioned upon the following:

[a]

An indemnification and maintenance agreement must be recorded with the Township of Upper Deerfield prior to plan approval for irrigation or plantings within the municipal right-of-way. For subdivisions, these agreements must be recorded in the name of a homeowners' association along with documentation attesting to that association's existence. For all other types of projects, these agreements must be recorded in the name of any current project owner.

[7]

Placement of trees. Replacement trees shall be located reasonably uniformly throughout the disturbed area, subject to professional standards of design.

(z)

Plant material standards.

[1]

Acceptable plant materials. The following are the minimum plant sizes and conditions to be used in satisfying the requirements of this ordinance. Acceptable plant materials for landscaping, buffers and tree replacement shall be as approved by a New Jersey registered landscape architect or the Township.

[a]

New plant materials.

[i]

Prostrate (spreading) shrubs: at least 12 inches and up to fifteen-inch spread.

[ii]

Small shrubs (mature height at three feet or less): at least 12 inches and up to fifteen-inch height.

[iii]

Medium shrubs (those having a mature height of four feet or less); eighteen-inch-by-twenty-four-inch balled and burlapped or two-gallon container.

[iv]

Large shrubs (those having a mature height greater than four feet); 24 inches to 30 inches in height balled and burlapped or three-gallon container.

[v]

Groundcover: two-and-one-half-inch pot.

[b]

The American Standard for Nursery Stock, published by the American Nursery and Landscape Association, may be referred to for the determination of plant standards.

[c]

Existing trees that are to be retained to satisfy the requirements of this Code shall meet the following standards:

[i]

Trees shall be at least four inches DBH.

[ii]

Trees shall be free from mechanical and natural injuries, insect infestations and disease.

[iii]

Trees shall be protected from injury to roots, trunks and branches during grading and construction. Protective fencing, tree wells, or retaining walls shall be utilized where necessary to insure tree vigor upon completion of construction.

[2]

Approval of plant material. Approval of a proposal to use a specific landscaping or buffer material shall be subject to a determination by a New Jersey registered landscape architect or the Township that the proposed material is the most appropriate for:

[a]

The specific location, given surrounding land uses and the type of screening used on nearby properties; and

[b]

The specific topography, soil, existing vegetation, and other factors that may influence the effectiveness of the screen material.

(aa)

Installation and maintenance.

[1]

Installation of plant material.

[a]

Plant materials, as required by the provisions of this ordinance, shall be installed prior to issuance of a certificate of occupancy. The Township may allow one planting season in a twelve-month period in which the installation of plant materials shall be completed, subject to the performance security requirements, below.

[b]

Buffers, if required, shall be installed before a certificate of occupancy is granted; except where the weather is not suitable for planting or planting stock is not available, and escrow provisions are made in accordance with the requirements of this Subsection A(4)(aa).

[c]

Performance surety as required by N.J.S.A. 40:55D-53.

[i]

In such cases as when planting stock is not available or weather conditions are not appropriate for planting new trees, planting may be postponed for up to six months; provided that performance security is posted with the Township of Upper Deerfield in accordance with the following criteria:

[A]

Security shall be in cash and submitted to the Township for escrow, with the appropriate documentation.

[B]

Security shall be escrowed in an amount equal to 110% of the cost of materials, installation and guarantee as demonstrated by a signed contract between the owner and a qualified landscape contractor, and as approved by the Township.

[ii]

An inspection shall be made by the Township of all tree plantings to assure compliance with plan requirements prior to release of the performance security. The performance security will be drawn upon by the Township of Upper Deerfield at the time of expiration if the planting requirements have not been fulfilled, or if the owner has not requested an extension. One six-month extension may be permitted with documented justification acceptable to the Township. Any inspections performed after the final inspection (for project release) are subject to reinspection fee schedules.

[d]

Maintenance bond as required by N.J.S.A. 40:55D-53.

[i]

Prior to approval of a final subdivision plat or issuance of a certificate of occupancy, or prior to release of a performance surety provided under this Subsection A(4)(aa) (whichever last occurs), a maintenance bond in a form acceptable to Upper Deerfield Township is required for all plant materials installed as a result of the requirements of this ordinance. The developer shall be responsible for maintenance of all such plant materials for two years from the date of acceptance of the maintenance bond.

[ii]

The value of the maintenance bond shall be equal to 10% of the actual cost of installation of the plant materials. The cost of installation shall be evidenced by copies of contractor agreements or actual invoices paid, or as otherwise determined by the Township of Upper Deerfield.

[2]

Maintenance of required plant material.

[a]

The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance in good condition of the plant materials used to meet the minimum requirements of this ordinance for landscaping or buffer. This responsibility is in addition to and survives the release of any maintenance bond provided for the property by the developer. The plant materials shall be kept free from refuse and debris.

[b]

Plants that are diseased, fatally damaged or are dead shall be removed and replaced with a plant of the same species, variety or cultivator, and size as acceptable to the Township.

[c]

Other landscape materials shall be maintained in proper condition and shall be kept clear of refuse and debris.

[d]

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

[3]

Plant materials shall conform to the requirements described in the latest edition of the American Standard for Nursery Stock, which is published by the American Nursery and Landscape Association. Plants shall be nursery grown.

[4]

Plants shall conform to the measurements specified below:

[a]

Caliper measurements shall be taken six inches above grade for trees less than four inches in diameter and 12 inches above grade for trees four inches or larger in diameter.

[b]

Minimum branching height for all shade trees shall be four feet except for trees to be planted within parking lots and areas where lower branches will interfere with pedestrians.

[c]

Minimum size for shade trees shall be 2.5 inches in caliper.

[d]

Minimum size for ornamental trees shall be six to eight feet in height.

[e]

Minimum size for evergreen trees shall be six to eight feet in height.

[f]

The Planning Board may impose a condition, at the time of development plan approval, that plants be larger at the time of installation, due to surrounding character of the neighborhood or other conditions related to the proposed development.

[5]

After cultivation, all plant materials shall be mulched with a two- to three-inch layer of shredded bark, peat moss, or other suitable material over the entire area of the bed or saucer.

[6]

The owner of the premises shall be responsible for the maintenance, repair, and replacement of all landscaping materials on the premises.

[7]

All landscape areas shall be kept free of refuse and debris. Fences, walls, and other barriers shall be maintained in good repair.

[8]

It is the responsibility of each private property owner to remove any dead, diseased, or dangerous trees or shrubs, or parts thereof, which overhang or interfere with line of sight, traffic control devices, public sidewalks, rights-of-way, or property owned by the Township. The Township shall have the authority to order the removal of any such trees or shrubs.

(bb)

Enforcement. Wherever site plan review is required by the Upper Deerfield Zoning Ordinance, a landscape plan shall be a required part of such site plan. No permanent certificate of occupancy shall be issued without completion of all landscaping shown on the landscape plan required herein. A temporary certificate of occupancy may be issued for the building for a period as deemed appropriate by the Township when weather conditions do not permit landscape installation. Failure to implement the approved landscape plan, including preservation of existing features, or to maintain the landscaping, shall be a violation of the Upper Deerfield Zoning Ordinance subject to the penalties outlined in § 405-113 of the Township Code.

(cc)

Tables of recommended plant materials.

[1]

The following tables list plant materials recommended for specific applications.[3] Divisions were created to represent certain characteristics of the plant materials; height, spread, maintenance and durability.

[3]

Editor's Note: Said tables are included at the end of this chapter.

[2]

Trees proposed to meet the parking lot, commercial and industrial landscaping requirements should be selected from Table 4-3. Trees proposed to meet the bufferyard and residential landscaping requirements may be from either Table 4-4 or Table 4-6.

[3]

Shrubs proposed to meet the interior parking lot landscaping requirements should be selected from Table 4-6.

[4]

Shrubs and vines proposed to meet all other requirements of the Landscape Ordinance may come from Table 4-5 and Table 4-6.

[5]

Plants used to fulfill the requirements of this ordinance should be selected from the following tables, unless the Planning Board approves the use of alternative plant materials.

[1]

Editor’s Note: This ordinance also repealed former Subsection A(4), Buffers and screening, as amended.

(5)

Concrete structures.

(a)

Concrete structures shall conform to the requirements of the New Jersey Department of Transportation Standards and Specifications for Road and Bridge Construction, as currently amended and supplemented.

(b)

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

(c)

Concrete shall be Class A, B, C or D, as prescribed, proportioned as follows:

Class	Cement	Sand	Coarse Aggregate	Void Contract
A	1	1.50	3.0	1.35
B	1	1.75	3.5	1.55
C	1	2.00	4.0	1.80
D	1	2.25	4.5	2.00

(d)

Required reinforcing steel shall be intermediate grade deformed bars conforming to American Society for Testing and Materials designations, as amended.

(e)

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

(f)

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

(g)

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

(h)

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

(6)

Curbs and gutters. Curbing shall be required to control traffic, delineate driveway openings, control and/or channel surface drainage, stabilize or delineate roadways or driveways or for similar purposes whenever found necessary by the Planning Board.

(a)

Standard monolithic concrete curb and gutter, when required to be installed along the pavement edge of streets, shall conform to Diagram 4, Standard Details Curb and Gutter, which is hereby adopted and made a part of this chapter.[4]

[4]

Editor's Note: The Standard Details Curb and Gutter are on file in the office of the Township Clerk and may be examined there during business hours.

(b)

Upon request and where found satisfactory to the purposes to be met, roll-type curb may be permitted by the Planning Board upon the advice of and according to the specifications of the Township Engineer.

(c)

Expansion joints shall be provided at intervals of 20 feet or when new construction abuts existing construction. The expansion joints shall be filled with one-half-inch-thick cellular material conforming to the requirements therefor contained in the Standard Specifications of the New Jersey Department of Transportation, as amended to date, to within 1/2 inch of the top and face of the curb and to within 1/4 inch of the top of the gutter. All joints shall extend the full depth of the structure.

(d)

Finished curb and gutters shall be true to applicable grades, lines, dimensions and curvatures. Exposed edges shall be neatly rounded to a one-half-inch radius. Completed work shall be protected from traffic and the elements and shall be kept moist for at least three days. Damaged, broken or cracked work shall be renewed by the contractor at his expense.

(7)

Customer service areas. Any proposed development which has need of or proposes a stopping or standing area for customers' vehicles shall provide customer service areas on site which conform to the following standards:

(a)

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

(b)

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

(8)

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

(a)

All driveways shall enter a street or road right-of-way at an angle between 75° and 105°.

(b)

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

(c)

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

(d)

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

(e)

Driveway widths at the street right-of-way lines shall be a minimum of 10 feet and a maximum of 20 feet in connection with single-family residential uses. All other uses shall conform to the driveway regulations contained herein or as may be set forth in the adopted Master Plan.

(f)

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

[Amended 1-19-1996 by Ord. No. 449]

	Length of Site Frontage (feet)	Number of Driveways
	100 or less	1
	101 to 800	2
	Over 800	To be determined by the Planning Board upon receipt of advice of the Township Engineer

NOTE: This subsection shall not supersede or in any way modify § 405-62A(1)(c) herein.

(g)

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

(h)

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

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

(i)

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

(j)

No entrance or exit driveway shall be located on the following portions of any collector or arterial road: on a traffic circle, on a ramp of an interchange, within 30 feet of the beginning of any ramp or other portion of an interchange or on any portion of such road where the grade has been changed to incorporate an interchange.

(k)

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

(l)

Driveways used for two-way operations shall intersect any collector or arterial road at an angle as near 90° as site conditions will permit and in no case less than 60°.

(m)

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

(n)

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

Type of Development	One-Way Curbline Opening (feet)	Operation Driveway Width (feet)	Two-Way Curbline Opening (feet)	Operation Driveway Width (feet)
5- to 10-family residence	12 to 15	10 to 13	12 to 30	10 to 26
10-family or over	12 to 30	10 to 26	24 to 36	20 to 30
Commercial and industrial	24 to 50	24 to 34	24 to 50	24 to 56
Service station	15 to 36	12 to 34	24 to 36	20 to 34

(9)

Energy conservation.

(a)

Whenever and wherever feasible and site conditions so permit, buildings shall be sited so as to make maximum use of sunlight or winds in connection with energy generation and/or conservation. All buildings and structures hereinafter erected or constructed, altered, added onto or located shall use, to the greatest extent possible, renewable energy sources, within the limits of practicability and feasibility dependent upon the proposed use of the structure and its location. Where an applicant can demonstrate that literal enforcement of the provisions of this chapter will prevent or substantially impair or reduce energy conservation methods or technologies, the Planning Board may waive or adjust the standards, including, through variance procedures as set forth in § 405-71 of this chapter, maximum and minimum yard dimensions as shown on the Schedule of District Regulations.[5] In so doing, the Planning Board shall determine that the intent and purpose of this chapter and the adopted Master Plan are met and that adjoining properties and/or their environment will not be adversely affected by the waiver, adjustment or variance.

[5]

Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

(b)

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

(c)

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

(10)

Environmental protection.

(a)

The Planning Board in reviewing any application for development shall find that said development will not substantially impair or adversely affect the environment. To this end, the Planning Board shall require an environmental impact statement as specified in § 405-76D(2)(e) be submitted for all proposed nonconforming uses, proposed developments on sites of which 25% or more of said site is wooded or environmentally sensitive, such as floodplains or the designated habitat of an endangered or threatened species of plant or wildlife as determined by the federal or state government, and for any development which in the opinion of the Planning Board will by its very nature threaten or hold the potential to adversely affect the environment.

(b)

All proposed developments shall be constructed and/or carried out in a manner which protects the existing natural environment of both the site involved and surrounding areas and which will not adversely affect the same. Every effort shall be made by the developer to either preserve the landscape in its natural state or improve existing site conditions according to high standards of conservation and environmental protection.

(c)

All proposed developments shall be designed to blend with the natural environment of the site upon which it is located and the lands adjacent thereto. Wooded areas, streams or watercourses, slopes and special features of a site, such as a historic structure or ruin, scenic vista or special wildlife habitat, shall be protected and preserved to the greatest extent practical.

(d)

All proposed developments shall be discouraged from lands with environmental constraints which cannot be overcome or mitigated without impairing sensitive environmental characteristics of the lands thereon and adjacent to the site.

(11)

Fire protection. In order to provide fire protection to new developments, the following standards shall apply:

(a)

All dead-end roads will terminate in an area adequate to provide ingress and egress as well as maneuvering area for fire-fighting equipment.

(b)

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

(c)

All proposed developments of 25 residential units or more shall have two accessways to public rights-of-way, and said accessways shall be of such width and surface composition sufficient to accommodate and support fire-fighting equipment.

(d)

Wherever a central water supply system will serve a development, provision shall be made for fire hydrants along the streets, driveways and/or walls of nonresidential structures as approved by the local fire department or other appropriate fire official, the Township Engineer and in accordance with fire insurance rating organization standards.

(e)

Where streams or ponds exist or are proposed on the lands to be developed and when required by the appropriate Township fire official, facilities shall be provided for use of water in said watercourses, including access to a public roadway suitable for use by fire-fighting equipment and the construction of or improvement of the ponds, dams, basins or similar on-site watercourse or body for this purpose, where feasible. Such facilities shall be constructed to the satisfaction of the Township Engineer and local fire department and in accordance with fire insurance rating organization standards.

(f)

Where deemed reasonable and appropriate, fire zones shall be established in connection with all multifamily residential, commercial, industrial and public or quasi-public use developments. Such zones shall be for maintaining access to structures by emergency equipment and to prevent blockage of exits. Such zones shall be appropriately marked through street signs and the painting of pavement or curbing, which signs and/or painting shall be maintained by the developer as a condition of use.

(12)

Frontage.

(a)

Every principal building shall be built upon a lot having frontage on a public street, either improved to Township standards or for which said improvements have been ensured by the posting of a performance guaranty as provided in this chapter.

(b)

Where a building or lot has frontage upon a street which is shown on an adopted Master Plan or Official Map of the Township and which street is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line(s).

(c)

Where a parcel of land abuts arterial and/or a major collector road as classified in the adopted Township Master Plan, no access driveways or roadways to said arterial road shall be permitted unless the parcel has a minimum frontage of 500 feet. In those cases where 500 feet of frontage is not available, access to said property shall be by a marginal access road or from an adjoining public right-of-way. Parcels of land in existence as of the effective date of this chapter and which cannot meet this requirement, in the findings of the Planning Board, may be exempted from such requirement. Where an exemption is granted by the Planning Board, the Board shall determine the location, size and number of access driveways permitted to the arterial roadway.

(d)

Where a parcel of land abuts a minor collector road, as classified in the adopted Township Master Plan, no subdivision of a parcel in a manner which proposes solely the creation of new lots along the parcel's road frontage on such a collector and leaving a reserved interior lot, regardless of said interior lot's size or access to frontage, shall be permitted. The Planning Board shall encourage the provision of interior streets and avoid creation of new lots upon such collector roads. The Planning Board may waive this requirement in the case of minor subdivisions when the Board finds that such creation of lots will not be detrimental to the future use of the interior parcels or the overall integrity of the roadway upon which it fronts.

(13)

Handicapped access. All uses and/or structures intended for use by the public or to which public access will be permitted shall comply with all state and federal regulations concerning access by and provisions for facilities for the handicapped, including provisions of sufficient handicapped parking areas in close proximity to the use(s) they are intended to serve.

(14)

Homeowners' association. When required, a homeowners' association shall be established for the purpose of owning and assuming maintenance responsibilities for the common open space and common property designed for or located within a development, provided that the Planning Board is satisfied that the organization will have a sufficient number of members to reasonably expect a perpetuation of the organization in a manner enabling it to meet its obligations and responsibilities in owning and maintaining any property for the benefit of owners or residents of the development. As related to a homeowners' association, common open space and common property shall include, but not be limited to, the following: structures and facilities, conservation areas, open space, floodplains, recreation and park areas, streets and other lands which have not been dedicated to or accepted by the Township. If established, the organization shall incorporate the following provisions:

(a)

Membership by all property owners, condominium owners, stockholders under a cooperative development and other owners of property or interests in the project shall be mandatory. Required membership and the responsibilities upon the members shall be in writing between the organization and each member in the form of a covenant, with each member agreeing to his liability for his pro rata share of the association's costs and providing, when required, that the Township shall be a party beneficiary to such covenant to enforce its provisions. When the ownership of the land is transferred from the landowner to the homeowner's association, the land and any structure thereon shall be free and clear of all encumbrances other than those imposed under the conditions of preliminary approval.

(b)

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

(c)

The assessment levied by the association upon each member may become a lien on each member's property. The association shall be allowed to adjust the assessment to meet changing needs.

(d)

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

(e)

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

(f)

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

(15)

Operation and use standards. No use of any type shall be permitted within the Township of Upper Deerfield which does not conform to the standards of use, occupancy and operation contained in this section. The standards contained herein are hereby established as the minimum requirements to be maintained within the Township of Upper Deerfield in all cases, except where superseded by a state or federal agency requirement having jurisdiction.

(a)

Noise.

[1]

No person shall cause, suffer, allow or permit sound from any industrial, commercial, public service or community service facility that, when measured at any residential property line, is in excess of any of the following.

[a]

From 7:00 a.m. to 10:00 p.m.:

[i]

Continuous airborne sound which has a sound level in excess of 65 dBA;

[ii]

Continuous airborne sound which has an octave band sound-pressure level in decibels which exceeds the values listed below in one or more octave bands:

	Octave Band Center Frequency (Hz)	Octave Band Sound-Pressure Level (dB)
	31.5	96
	63	82
	125	74
	250	67
	500	63
	1,000	60
	2,000	57
	4,000	55
	8,000	53

[iii]

Or impulsive sound in air which has a peak sound-pressure level in excess of 80 decibels.

[b]

From 10:00 p.m. to 7:00 a.m.:

[i]

Continuous airborne sound which has a sound level in excess of 50 dBA;

[ii]

Continuous airborne sound which has an octave band sound-pressure level in decibels which exceeds the values listed below in one or more octave bands:

	Octave Band Center Frequency (Hz)	Octave Band Sound-Pressure Level (dB)
	31.5	86
	63	71
	125	61
	250	53
	500	48
	1,000	45
	2,000	42
	4,000	40
	8,000	38

[iii]

Or impulsive sound in air which has a peak sound-pressure level in excess of 80 decibels.

[2]

No person shall cause, suffer, allow or permit sound from any industrial, commercial, public service or community service facility that, when measured at the property line of any other commercial facility, is in excess of any of the following:

[a]

Continuous airborne sound which has a sound level in excess of 65 dBA;

[b]

Continuous airborne sound which has an octave band sound-pressure level in decibels which exceeds the values listed below in one or more octave bands:

	Octave Band Center Frequency (Hz)	Octave Band Sound-Pressure Level (dB)
	31.5	96
	63	82
	125	74
	250	67
	500	63
	1,000	60
	2,000	57
	4,000	55
	8,000	53

[c]

Or impulsive sound in air which has a peak sound-pressure level in excess of 80 decibels.

[3]

The sound-pressure level shall be measured with a sound-level analyzer that conforms to specifications published by the American Standards Association, Inc., New York, New York, or other nationally recognized standards.

[4]

Exceptions. The operational performance standards established in this subsection shall not apply to any of the following noise sources:

[a]

Agriculture.

[b]

Bells, chimes or carillons while being used in conjunction with religious services.

[c]

Emergency energy-release devices.

[d]

Emergency work to provide electricity, water or other public utilities when public health or safety is involved.

[e]

National Warning System (NAWAS): systems used to warn the community of attack or imminent public danger such as flooding or explosion. These systems are controlled by the New Jersey Office of Emergency or Hazardous Spill Management, Division of State Police.

[f]

Noise of aircraft flight operations.

[g]

Public celebrations.

[h]

Public roadways.

[i]

Surface carriers engaged in commerce by railroad.

[j]

The unamplified human voice.

[k]

Use of explosive devices: These are regulated by the New Jersey Department of Labor under the 1960 Explosive Act (N.J.S.A. 21:1A-128 to 21:1A-144).

[Amended 9-20-2007 by Ord. No. 596]

[5]

For the purpose of measuring sound in accordance with the applicable provisions of these regulations, test equipment methods and procedures shall conform to the provisions of N.J.A.C. 7:29B-1.

(b)

Odor. No emission of odorous gases or other odorous material shall be permitted in such quantity as to be offensive at the lot lines or beyond.

(c)

Glare or heat. Any operation producing intense glare or heat shall be performed within a completely enclosed building so that no operation will produce heat or glare beyond the property line of the lot on which the operation is located.

(d)

Radiation. No activity involving ionizing radiation shall be permitted which will cause radiation at any point on or beyond any lot line in excess of the limits contained in the United States Nuclear Regulatory Agency Rules and Regulations, as amended from time to time.

(e)

Vibrations. Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point on or beyond any lot line on which the use is located.

(f)

Smoke. There shall be no emission of smoke from any source whatever to a density greater than that prescribed by the laws of the State of New Jersey.

(g)

Toxic or noxious matter. No use shall, for any period of time, discharge any toxic or noxious matter in such concentration as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property, business, marine life or animal life or the environment.

(h)

Dust or dirt. No emissions which can cause any detrimental effect to human beings, animals, vegetation or property, real or personal, or which can cause any excessive soiling at any point and in no event any emission from any chimney or otherwise of any solid or liquid particles shall be permitted in excess of that prescribed by the laws of the State of New Jersey.

(i)

Fire and explosion hazard. All industrial or commercial activities shall be carried on in such a manner and with such precaution against fire and explosion hazards as to produce no explosion hazard, as determined by the Township Fire Inspector, to a use on an adjacent property. Free or active burning materials shall be enclosed with noncombustible walls and shall be set back at least 40 feet from any lot line or shall be protected with automatic sprinklers or other fire-fighting equipment. Materials or products which produce flammable or explosive vapors under ordinary weather temperatures shall be adequately safeguarded.

(j)

Liquid or solid waste.

[1]

No discharge at any point into any private sewage disposal system or stream or into the ground of any materials in such a way or of such a nature, extent or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements shall be permitted except in accordance with the standards adopted by the New Jersey Department of Environmental Protection, the Cumberland County Department of Health, the Cumberland Utilities Authority or the Township of Upper Deerfield. No accumulation of solid waste conducive to the breeding of rodents or insects or which might create a health or fire hazard shall be permitted, and no materials or wastes shall be deposited upon any lot in such a form or manner as may be transferred off that lot by natural causes or forces.

[2]

Effluent from a treatment plant or commercial or industrial process shall comply with all requirements of the New Jersey Department of Environmental Protection, the Cumberland County Utilities Authority and the Township of Upper Deerfield. Where necessary and deemed appropriate by the Planning Board, special facilities or processes shall be required to handle effluent and treat the same prior to disposition into public sewerage systems or natural streams.

(k)

Electromagnetic interference. No activities shall be permitted, except domestic household appliance use, which produces electromagnetic interference in excess of standards prescribed by the Federal Communications Commission or which cause problems for adjoining properties or properties within the vicinity of the source of such interference.

(l)

Buffer areas. Any permitted industrial use or any other use which, in the reasonable opinion of the Planning Board, poses a threat of causing a nuisance similar to those cited hereinabove, and said use is located adjacent to a zone district boundary with other than an industrial zone, may be required to establish a buffer area sufficient in width from said district boundary line to mitigate or eliminate said possible nuisance. This area shall constitute a buffer zone that may be utilized only for existing or landscaped plantings or for other Planning Board approved open space and buffering activities or materials.

[Amended 1-19-1996 by Ord. No. 449][6]

[6]

Editor’s Note: Former Subsection A(16), Landscaping and shade trees, which immediately followed this subsection, was repealed 7-7-2011 by Ord. No. 674. See now Subsection A(4).

(16)

Design standards for industrial and commercial buildings.

[Amended 12-30-2021 by Ord. No. 832]

(a)

Applicability. The design standards in this section shall apply to warehouses and similar industrial-style buildings having 100,000 or more square feet of gross floor area. The design standards in Subsection A(16)(c)[6], [7] and [8] hereinbelow shall apply only to the facade of a building that faces a public street, which includes any facade for a building or lot with multiple street frontages (e.g., if a building is located on a corner lot fronting on two streets then the standards provided in the aforementioned subsections shall apply to both street facades).

(b)

Architectural form and detail.

[1]

To reduce the mass and scale of large buildings visible from a street, building facades shall include:

[a]

Architectural features such as reveals;

[b]

Windows and openings; and

[c]

Changes in color and either texture or material to add interest to the building elevation and reduce its visual mass.

[2]

Primary building entries shall be readily identifiable and well defined through the use of projections, recesses, columns, roof structures, or other design elements. The primary building entries shall be clearly articulated to indicate a transition from the exterior to the interior of the building. Every main entrance shall have a special emphasis when compared to the other portions of the building. This shall be accomplished through the use of at least three of the following near entrances:

[a]

A prominent architectural feature that is unique to the overall building design;

[b]

Complementary yet differing building materials or colors;

[c]

Increased use of windows or glass;

[d]

Pedestrian amenities that may include patios, porches, special paving treatments, seating areas, or awnings; or

[e]

Increased landscaping.

(c)

Color and materials.

[1]

A comprehensive material and color scheme shall be developed for each site. Material and color variations in multi-building complexes must be complementary and compatible among buildings.

[2]

A minimum of three colors per elevation shall be required.

[3]

Color utilization should be sensitive to existing development within the vicinity and the natural landscape in which the project is situated.

[4]

Materials that contribute to the aesthetics of the community over the long term shall be required for all buildings. Permanence in design and construction will add to the overall value and sustainability of the community.

[5]

All projects shall submit a sample board containing actual samples of all exterior surface materials, including roofing materials, in all the colors that will be used.

[6]

Primary materials. Each exterior wall facade facing a public street shall include two of the following primary materials: brick, tilt-up concrete, architectural block, architectural metal panel, insulated metal panel, stone, or glass. Unfinished gray concrete block is not permitted. The use of noninsulated metal siding exclusively on any wall is prohibited. All finish material shall be durable to the effects of weather and soiling.

[7]

Expanses of primary materials, or any other uniform materials on exterior wall facades facing public streets shall be broken up with pop outs, recesses, awnings, staggered facades, metal structures, glass, change in material or texture, or the addition of other designed three-dimensional architectural features.

[8]

The ends or corners of buildings at the terminations of the facades facing public streets shall be articulated with one prominent architectural feature such as a change in primary material (i.e., change from tilt-up concrete panel to brick), increased roof projection of parapet, increased transparency (i.e., glass/window panels) or change in color.

[9]

Bright, contrasting colors should be used for small areas of building and for accents only.

[10]

Design and colors of wall signs should be compatible with the main buildings on the site.

[11]

Materials, design, and colors of monument signs shall be compatible with the main buildings on the site.

(d)

Accessory buildings.

[1]

The design of accessory buildings (e.g., security kiosks, maintenance buildings, and outdoor equipment enclosures) shall be incorporated into and be compatible with the overall design of the project and the main buildings on the site.

[2]

Temporary buildings shall not to be located where they will be visible from adjoining public streets.

[3]

Modular buildings shall be skirted with material and color that is compatible with the modular unit and the main buildings on the site. All temporary and modular structures shall comply with all other applicable standards of this title for use and duration of use.

(e)

Building additions. All additions to existing buildings shall incorporate the predominant architectural features, materials, and colors of the existing building.

(17)

Lighting.

[Amended 6-4-2009 by Ord. No. 630]

(a)

Statement of need and purpose.

[1]

Good outdoor lighting at night benefits everyone. It increases safety, enhances the community's nighttime character, and helps provide security.

[2]

All area lighting shall provide translucent fixtures with shields around the light source. The light intensity provided at ground level shall average a maximum of 0.5 footcandle over the entire area. Any other outdoor lighting shall be shown on the site plan in sufficient detail to allow a determination of the effects at the property line and on nearby streets, driveways, residences and overhead skyglow.

[3]

The requirements of this section shall be applicable to commercial and industrial development.

(b)

Regulations.

[1]

All public outdoor lighting installed in Upper Deerfield Township shall be in conformance with the requirements established by this section. All previous language in the Upper Deerfield Township ordinances regarding outdoor lighting is hereby repealed and replaced with the provisions hereof.

[2]

The style of the light and the light standard shall be consistent with the architectural style of the principal building and not to exceed 30 feet in height above grade. All lighting shall consist of fixtures that shield the light source to minimize glare and light trespass and to facilitate better vision at night. Such lighting shall consist of: full cutoff fixtures, fully shielded wallpack and wall-mount fixtures, fully shielded fixtures, full cutoff streetlight, fully shielded security light, fully shielded "period" style fixtures, shielded/properly aimed PAR floodlights, or flush-mounted canopy fixtures. Such fixtures should minimize glare and radiation of light in excess of 0% quantity of light emitted above the horizontal plane of the light source.

(c)

Sports and recreational facilities. Any light source permitted by this section may be used for lighting of outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, basketball courts or show areas, provided all of the following conditions are met: All outdoor sporting or entertainment events shall be scheduled so as to complete before or as near 11:00 p.m. as practical, with event illumination extinguished as soon as safely possible after the end of the event.

(d)

Prohibitions.

[1]

Laser source lights and searchlights. The use of laser source light or the operation of a searchlight or any similar high-intensity light for outdoor advertising or entertainment, when projected above the horizontal plane, is prohibited without the approval of Zoning Officer of the Township of Upper Deerfield for the time limits and in accordance with the procedure for temporary banners as set forth in § 405-31D(9).

[2]

No lighting shall shine directly or reflect into windows or onto streets and driveways in such a manner as to interfere with driver vision. No lighting shall be of a yellow, red, green or blue beam or of a rotating or pulsating beam or other intermittent frequency. The intensity of such light source, light shielding, the direction and reflection of the lighting and similar characteristics shall be subject to site plan approval by the Planning Board. The objective of these specifications review is to minimize undesirable off-site effects.

[3]

Communications tower lighting shall be subject to Federal Aviation Administration requirements.

(e)

Effective date and grandfathering of nonconforming lighting.

[1]

This section shall take effect immediately upon approval and publication in accordance with law by the Township Committee of Upper Deerfield Township at a regularly scheduled meeting and shall supersede and replace all previous ordinances pertaining to outdoor lighting.

[2]

All lighting lawfully in place prior to the date of this section are hereby grandfathered. All new additions to a building and/or a parking lot that are 50% or more of existing building's square foot area, and all outside and/or parking lot fixtures must comply with this section with respect to new additions or increases in size. Any replacement fixtures must comply with this section in effect at the time of replacement.

(f)

New subdivision and site plan construction.

[1]

Submission contents. The applicant for any permit, subdivision plan or site plan required by any provision of this section involving outdoor lighting fixtures shall submit, as part of the application for permit, subdivision or site plan approval, evidence that the proposed work will comply with this section. The submission shall contain but shall not necessarily be limited to the following, all or part of which may be part of or in addition to the information required elsewhere in the laws of this jurisdiction upon application for the required permit.

[a]

Plans indicating the location on the premises and the type of illuminating devices, fixtures, lamps, supports, reflectors and other devices.

[b]

Description of the illuminating devices, fixtures, lamps, supports, reflectors and other devices and the description may include, but is not limited to, catalog cuts by manufacturers and drawings (including specifications where required).

[c]

Photometric data, such as that furnished by manufacturers or similar, showing the angle of cutoff or light emissions.

[2]

Subdivision plat certification. If any subdivision proposes to have installed street or other common or public area outdoor lighting, the final plat shall contain a statement certifying that the applicable provisions of the Upper Deerfield Township outdoor lighting section have been or will be satisfied.

[3]

Lamp or fixture substitution. Should any outdoor light fixture, or the type of light source therein, be changed after the approval or permit has been issued, a change request must be submitted to the Building Official or Planning Board Engineer, for his approval, together with adequate information to assure compliance with this section, which must be received prior to substitution.

[4]

Newly installed area lights in private yard areas as provided by the electric utility company shall be provided as cutoff lighting to comply with the section.

(18)

Lots. In accordance with good design practice, extreme deviations from rectangular lot shapes and straight lot lines shall not be allowed unless made necessary by special topographical conditions or other special conditions found acceptable to the Planning Board. All lots shall conform to the following requirements:

(a)

Lot dimensions and area shall not be less than the requirements of the minimum and maximum standards set forth on the Schedule of District Regulations which are a part of this chapter.[7]

[7]

Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

(b)

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

(c)

Each lot must front upon an approved paved street with a right-of-way of at least 50 feet.

(d)

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

(e)

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

(f)

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

(g)

Not more than one principal use or structure shall be permitted on any legal lot. This requirement shall not, of course, affect apartment projects, multifamily developments, shopping centers or other uses requiring and normally associated with multiple structures or uses on a singular lot or parcel.

(h)

The creation of lots abutting collector or arterial streets or roads, as designated in the adopted Township Master Plan, shall be prohibited, unless the Planning Board finds reasons why such new lots should not front on interior, minor streets.

(19)

Manholes, inlets and catch basins.

(a)

Concrete blocks, when used for the construction of manholes, inlets or catch basins, shall have the required radius and material content and shall otherwise conform to applicable requirements of the American Society for Testing and Materials specifications.

(b)

Bricks, when used for the construction of manholes, inlets and catch basins, shall conform to Grade MA of the American Society for Testing and Materials specifications.

(c)

Iron castings shall conform to the requirements of the American Society for Testing and Materials specifications for gray iron castings, as amended and revised to date.

(d)

Manholes, inlets and catch basins shall be constructed in accordance with standard details shown in Design Standards of Drainage Structures, which are a part of this chapter.[8] The foundation for all manholes, inlets and catch basins shall be Class D concrete.

[8]

Editor's Note: The Design Standards of Drainage Structures are on file in the office of the Township Clerk and may be examined there during regular business hours.

(e)

Concrete blocks and bricks shall be laid with vertical joints staggered. Joints shall be not more than one-half-inch thick and shall be completely filled with a 1:2 cement-sand mortar. The masonry shall be carried to such a height that a mortar joint not more than one-half-inch thick will be required for setting the head casting without using split blocks or bricks. Outside walls shall be plastered with a one-half-inch-thick coat of mortar troweled to a smooth finish.

(20)

Monuments. Monuments shall be the size and shape required by N.J.S.A. 46:23-9.11 of the Map Filing Law, as amended, and shall be placed in accordance with said statute and indicated on the final plat. All lot corners shall be marked with a metal alloy pin of permanent character.

(21)

Natural features. In connection with the clearing of any site for a proposed development or in the construction of any proposed development, natural features of the site, such as trees, particularly those trees with a diameter of eight inches at breast height, brooks, streams, wetlands, hilltops and scenic vistas or views, shall be preserved whenever possible. On individual lots, care shall be taken to preserve individual trees, to enhance soil stability and landscape treatment of the area.

(22)

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

(a)

Allocation of costs; criteria in determining allocation. The allocation of costs for off-tract and/or off-site improvements, as between the applicant, other property owners and the Township or any one or more of the foregoing, shall be determined by the Planning Board, with the assistance of the appropriate Township agencies, on the basis of the total cost of the off-tract improvements, the increase in market values of the property affected and any other benefits conferred and the needs created by the application, population and land use projections for the general area of the applicant's property and other areas to be served by the off-site or off-tract improvement, the estimated time of construction of the off-site or off-tract improvements and the condition and periods of usefulness, which periods may be based upon the criteria of N.J.S.A. 40A:2-22. Requirements for off-tract or off-site improvements shall be consistent with Section 30 of P.L. 1975, c. 291.[9] In addition, the following criteria may also be considered, as well as any other reasonable criteria the Planning Board feels is necessary to protect the health, safety and general welfare of the Township:

[1]

Streets, intersections, curbs, sidewalks, shade trees, streetlighting, street signs and traffic signal improvements may also be based upon the anticipated increase of traffic generated by the proposed development or application. In determining such traffic increases, the Planning Board shall be guided by the adopted Township Master Traffic Plan and may consider traffic counts, existing and projected traffic patterns, quality of roads, intersections and sidewalks in the area and other factors related to the need created by the application or development and the anticipated benefit thereto.

[Amended 1-19-1996 by Ord. No. 449]

[2]

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

[a]

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

[b]

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

[c]

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

[3]

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

[4]

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

[9]

Editor's Note: See N.J.S.A. 40:55D-42.

(b)

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

[Amended 12-30-2009 by Ord. No. 649]

(c)

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

[1]

By the Township as a general improvement;

[2]

By the Township as a local improvement; or

[3]

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

(d)

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

[1]

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

[2]

If the improvement is to be constructed by the Township as a local improvement, then, in addition to the amount referred to in Subsection A(22)(d)[1] above, the estimated amount by which the subject property will be specifically benefited by the off-tract improvement.

[3]

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

(e)

Payment of allocated costs.

[1]

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

[2]

In the event that the payment by the applicant to the Township Treasurer provided for herein is less than its share of the actual cost of the off-tract improvements, then it shall be required to pay its appropriate share of the cost thereof.

[3]

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

[4]

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

[5]

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

(f)

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

(g)

Credit for work performed. In the event that the applicant, with the Township'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 future assessment for that particular off-tract improvement or portion thereof constructed by the Township in the same manner as if the developer had deposited its apportioned cost with the Township Treasurer, as provided herein.

(h)

Installation of improvements by applicant.

[1]

At the sole discretion and option of the Township, the Township may enter into a contract with the applicant providing for the installation and construction of off-tract or off-site improvements by the applicant:

[Amended 8-2-1990 by Ord. No. 360]

[a]

Upon contribution by the Township of the remaining unallocated portion of the cost of the off-tract or off-site improvement; or

[b]

The Township shall require all other applicant/developers within the service area to connect to the system or facility to be constructed by the applicant, and the applicant shall recapture from such future applicant/developers the proportionate costs of the excess construction of such improvements over a period of 10 years from the time such improvements are completed by the original applicant. At the discretion of the Township, the ten-year period may be extended; however, any such extension shall not exceed an additional ten-year period.

[2]

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

(i)

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

(23)

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

(a)

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

(b)

Not more than 50% of the total open space saved shall be located in one or more of the following: a floodplain, wetlands, areas with a slope greater than 10%, watercourses, bodies of water or other areas deemed unsuitable for recreational purposes due to environmental or conservation reasons as made evident by the Planning Board's review of the environmental impact statement required to be submitted.

(c)

When the recreational and open space to be set aside as provided herein exceeds three acres, at least 50% of the total open space shall be developed by the applicant for active recreational activities, facilities and uses which shall be found suitable to the residents of the proposed development. Activities, facilities or uses deemed appropriate and acceptable include swimming pools, tennis, basketball and volleyball courts, ball fields, tot-lots, golf courses, bicycle trails and similar active recreational pursuits. The remaining portion of the required open space may, with Planning Board approval and if warranted from the environmental impact statement, be permanently devoted to one or more of the following open space or land uses: parks, landscaped areas or gardens (including residents' garden plots), woodland conservation areas, game preserves, stream preservation areas, wetlands, watershed protection or floodplain areas or similar conservation areas which permit only passive recreational activities.

(d)

All such recreational areas shall be reviewed by the Planning Board, found adequate and approved. In its review, the Planning Board shall investigate the size of the parcels devoted to open space and recreational areas, their location within the development, the topography and soils of said areas and the suitability of the uses contemplated or proposed, the configuration of the parcels under consideration, facilities and improvements to be provided, the provisions made for maintenance and access to said parcels, traffic flow around said parcels, the ecological aspects, the staging and timing of the recreational area development and how various categories of recreational facilities or areas and their location will be proportionally related to the staging of the development of housing units if such staging is proposed. The Planning Board shall find that such recreational or open space areas conform to the provisions of § 405-38A(8)(a) through (f) and make whatever requirements necessary in granting preliminary approval to said development to assure compliance with the above-cited subsection of this chapter.

[Amended 9-20-2007 by Ord. No. 595]

(e)

Said recreational area or open space shall be owned and maintained by a homeowners' association unless the developer or the homeowners' association offers the dedication of said area or space to the Township which accepts as provided for in connection with cluster developments in § 405-38A(10) of this chapter.

[Amended 9-20-2007 by Ord. No. 595]

(24)

Off-street loading and parking facilities. The following shall apply to all off-street loading and parking facilities:

(a)

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

(b)

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

[1]

Parking space width shall be at least nine feet.

[2]

Parking space depth shall be at least 18 feet, with said dimensions measured on the angle for all angle parking.

[3]

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

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

[4]

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

(c)

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

(d)

The width of entrance and exit drives shall be:

[1]

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

[2]

A minimum of 20 feet for two-way use.

[3]

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

(e)

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

(f)

All off-street loading spaces shall be surfaced with asphaltic or portland cement concrete or other hard surface, dustless material.

(g)

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

(h)

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

(i)

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

(j)

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

(k)

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

(l)

The screening requirements of § 405-62A(4) shall be applicable to all loading areas, including access and maneuvering areas, abutting residential or commercial districts, and in the case of off-street parking areas of greater than 10 spaces, from all lots in an abutting residence district, including side lots situate across a street.

(25)

Orientation and siting.

(a)

In reviewing site plans for freestanding buildings and structures, and depending upon individual site characteristics, consideration shall be given by the Planning Board in its review thereof to positioning that provides a desirable visual composition, avoids blocking natural scenic vistas or views, provides a desirable space enclosure, does not unnecessarily alter existing topography and natural features and otherwise respects established natural conditions and the character of surrounding buildings and structures, in particular those structures of historic significance as determined by local, county, state or federal listings of such significance.

(b)

The Planning Board shall also give consideration to the positioning of buildings and structures on the site with respect to energy conservation and the avoidance of prevailing winter winds and the maximizing of solar access and gain, both for the proposed structure(s) and any existing ones in adjoining properties.

(26)

Paving of streets. When required to pave streets or other rights-of-way, the following standards shall be adhered to:

(a)

Gravel base course shall be constructed in accordance with the provision of Section 301 of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, 1983 Edition, and addenda thereto. Gravel base course materials shall be soil aggregate, Designation I-5.

(b)

Bituminous stabilized base course materials shall conform to requirements specified in Section 301 of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, 1983 Edition, and addenda thereto. Before construction of the bituminous stabilized base course, the gravel base course shall be in a properly finished condition conforming to the proper line and grade and free of soft spots or other deficiencies. Within 24 hours prior to the commencement of paving, the gravel base course shall be tested by running a roller of a weight as great or greater than that to be used in the paving operation over the entire pavement area. When, in the opinion of the Township Engineer or his duly authorized representative, such testing results in excess deformation, the developer will be required to stabilize the gravel base course in a manner satisfactory to the Township Engineer.

(c)

The method of construction of the bituminous stabilized base course shall conform to the same State of New Jersey specifications referred to above for base course material. Upon completion, uniformly selected core samples intact for full thickness of base course shall be provided, at the rate of one sample for every 1,000 square yards of base course, at the expense of the developer.

(d)

The average thickness of the bituminous stabilized base course, as determined from the core samples, shall be not less than that approved as a condition of preliminary approval. When the thickness of the pavement as indicated by any core sample shall show a deficiency of 1/4 inch or more from the approved thickness, the Township Engineer, at his option, may direct the developer to:

[1]

Remove and replace the bituminous stabilized base course to the correct thickness; or

[2]

Construct an overlay of bituminous concrete suitable to the Engineer to correct the thickness deficiencies.

(e)

Materials for the surface course shall be bituminous concrete, Mix I-5, as specified in Section 404 of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, 1983 Edition, and addenda thereto, which shall be placed over a properly installed and, where needed, repaired base course; a tack coat as specified in this section shall be applied.

(27)

Principal and accessory building or structure design. In reviewing site plans, consideration shall be given to building materials, use of color and/or texture, massing, fenestration and advertising features as they relate to site conditions and harmonize with similar elements in surrounding buildings and structures.

(28)

Sanitary sewers.

(a)

Sanitary sewer facilities shall be provided and installed in accordance with the specifications as set forth in this section; Chapter 328, Sewer Use, of the Code of the Township of Upper Deerfield; and as required by the Township Engineer. Said sanitary sewer facilities shall be designed and installed for either immediate or future connection with a public or on-site community sanitary sewer system approved by the New Jersey Department of Environmental Protection and the Township Committee of the Township of Upper Deerfield. In the case of any development involving 10 or more lots or units, said development shall be connected to a public sanitary sewer system or an on-site community sanitary sewer system.

(b)

In those cases where a public sanitary sewer system is not presently available and the site of the proposed development is unsuitable for individual, on-site septic systems, as determined by the New Jersey Department of Environmental Protection or other county or local agency, an on-site community sanitary sewer system approved by the New Jersey Department of Environmental Protection and the Township Committee shall be installed. Said on-site septic system shall be provided in addition to the required installation of sanitary sewer systems for those areas expected to be provided with public sanitary sewers within a reasonable period of time. All individual on-site septic systems shall be installed within the front yard of the lots or in any area approved by the Construction Official in order to facilitate the eventual connection of the system to public facilities. This requirement can be waived by the Construction Official for reasons such as soil conditions, proximity to groundwater or surface water, or other pertinent reasons, including the need to repair, upgrade, or expand existing septic systems which are located in the rear of lots containing existing structures.

[Amended 11-1-2012 by Ord. No. 697]

(c)

In areas where a public sanitary sewer system does not exist or is not expected to be provided within a reasonable period of time in the opinion of the Planning Board, the Board may waive the requirement that the development be connected to a public or on-site community sanitary sewer facility if the Board determines from an environmental impact statement, engineering data and other expert testimony submitted or offered as part of an application for development that individual on-site septic systems will be suitable and will not cause health and/or environmental problems or are precluded by environmental constraints.

(d)

All sanitary sewer systems shall comply with the rules and regulations established by the Department of Health and Senior Services, State of New Jersey, as amended and supplemented. Sanitary sewer pipe shall be sized for full flow from the tract. The municipality may require larger pipe sizes to accommodate future extensions. Minimum grades for sanitary sewer lines shall be 4/10 of 1% for asbestos-cement pipe and 5/10 of 1% for vitrified clay pipe.

(e)

The Planning Board may also, as a condition of preliminary approval, require the installation of sanitary sewer facilities necessary to permit connection to a public sanitary sewer system as provided for in connection with Subsection A(22) herein.[10]

[10]

Editor's Note: Former Subsections A(28)(f) and A(28)(g), dealing with cast-iron pipe, excavation and backfill, which immediately followed this subsection, were repealed 8-2-1990 by Ord. No. 360.

(29)

Shoulder paving. In each land development requiring project approval, the area between the edge of the exiting pavement and the proposed or existing curbing along the entire property frontage of the road shall be paved in accordance with the standards and specifications as set forth by the Township Engineer.

(30)

Sidewalks.

(a)

Sidewalks shall be required along all streets, between major buildings, structures or uses and parking areas in all commercial, industrial or public use developments, or any development wherein under the terms of this chapter off-street parking area is required, and in all areas of a development where it might be reasonably expected that pedestrians would be traveling on a given site.

(b)

When required and unless reduced or altered by the Planning Board, all sidewalks shall conform to the following requirements:

[1]

Sidewalks shall be at least four feet wide and located as approved by the Planning Board. Sidewalks shall be at least four inches thick, except at the point of vehicular crossing where they shall be at least six inches thick, of Class C concrete, having a twenty-eight-day compressive strength of 4,000 pounds per square inch and shall be air-entrained.

[2]

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

(c)

The Planning Board may grant a waiver from the provisions of sidewalks or their design standards as contained herein. When reviewing a request for a waiver, the Planning Board shall be guided by the probable volume of pedestrian traffic, the street classification in instances where streets are involved, school bus stops, the development's location in relation to other populated areas or pedestrian traffic generators and the general type of improvement intended. The Planning Board shall further only grant waivers which are in accordance with the provisions of the adopted Master Plan.

(31)

Sight triangles.

(a)

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

(b)

The sight triangle is that area bounded by the intersection of street lines and a straight line which connects sight points located on each of the two intersecting street lines the following distances away from the intersecting street lines: arterial streets at 130 feet, collector streets at 60 feet and primary and secondary local streets at 35 feet. Where the intersecting streets are both arterial, both collectors or one arterial and one collector, two overlapping sight triangles shall be required, formed by connecting the sight points noted above with a sight point 35 feet on the intersecting street. In the case of a driveway intersecting a street, the distance shall be measured along the center line of the driveway 20 feet off the proposed curbline or the proposed edge of the cartway and along the street, based on § 405-62A(8)(h).

[Amended 12-19-1991 by Ord. No. 381]

(c)

Any proposed development requiring site plan approval shall provide sight triangle easements at each driveway with the driveway classified as a local street for purposes of establishing distances. The classification of existing and proposed streets shall be those shown on the adopted Master Plan or as designated by the Planning Board at the time of the application for approval for a new street not included on the Master Plan. Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and may be included in establishing the minimum setbacks required by the Schedule of District Regulations, which is a part of this chapter.[11]

[11]

Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

(32)

Soil erosion and sedimentation control. The specific purpose and intent of this subsection is to control soil erosion, sediment damage and related environmental degradation by requiring adequate provisions for water retention and drainage and to protect exposed soil surfaces in order to promote the safety of residents and property owners.

(a)

General regulations. Prior to the issuance of a building or zoning permit for any proposed project, land use development or the disturbance of any land area by any person, partnership, corporation, municipal corporation or public agency within the Township of Upper Deerfield, a soil erosion and sediment control plan shall be submitted for review and approval by the Planning Board and issuance of a permit by the Zoning Officer.

(b)

Application procedure.

[1]

Prior to the issuance of a building or zoning permit for any project or proposed land development which will cause disturbance in excess of 5,000 square feet, the applicant for said building or zoning permit shall submit five copies of a soil erosion and sediment control plan for the land area involved to the Construction Official or Zoning Officer or other municipal official designated to receive said plans by the Upper Deerfield Township Planning Board. The plan should show the following items:

[a]

The location and description of existing natural and man-made features on and within 300 feet of the site, including general topographic and soil characteristics. (The soils information can be obtained from the Soil Survey of Cumberland County, New Jersey.)

[b]

The location and description of proposed changes to the site.

[c]

The proposed measures for the prevention of soil erosion and control of sedimentation, which measures must meet or exceed Standards for Soil Erosion and Sediment Control, adopted by the New Jersey State Soil Conservation Committee. Prior to the holding of any public hearing on this chapter, copies of said standards shall be placed on file in the offices of the Cumberland County Soil Conservation District, the Zoning Officer and the Municipal Clerk, and two copies of said document shall be filed with the Planning Board office.

[d]

A schedule of the sequence of installation of planned erosion and sediment control measures to be undertaken as related to the progress of the project, including anticipated starting and completion dates.

[2]

In the case of agricultural or horticultural uses, a currently acceptable farm conservation plan will be required. Applicants for farm conservation plans shall apply directly to the Cumberland Soil Conservation District for preparation of a plan for the individual farm. All agricultural or horticultural uses shall have had an acceptable farm conservation plan prepared by the fifth year from the effective date of this chapter. Agricultural and horticultural uses now in operation may continue, subject to the following requirements:

[a]

The owner or operator of any such use not being operated according to a currently acceptable farm conservation plan shall make application to the Cumberland Soil Conservation District for the preparation of such a plan or the approval of and/or any necessary updating of an existing plan within one year from the date of adoption of this chapter.

[b]

One year after the effective date of this chapter, all agricultural or horticultural uses not having an approved farm conservation plan as required by this subsection or which have not applied to the Cumberland Soil Conservation District for the preparation of such a plan or the approval and/or updating of an existing plan shall be notified by the Zoning Officer of such noncompliance with the provisions of this subsection.

[c]

After the expiration of five years from the effective date of this chapter, all agricultural and horticultural uses shall be required to have a currently acceptable farm conservation plan prepared and approved by the Cumberland Soil Conservation District.

[d]

The Cumberland Soil Conservation District shall, annually, as of March 1 of each year, provide the Zoning Officer with a list of all agricultural or horticultural operations within the Township of Upper Deerfield that are being carried out according to currently acceptable farm conservation plans. The Planning Board shall determine the date at which time an agricultural or horticultural use shall commence operating in accordance with its currently acceptable farm conservation plan. All farm conservation plans shall contain a schedule of compliance which shall list the recommended time(s) at which an agricultural or horticultural use shall comply with the plan's proposals and standards. In determining the date of compliance, the Planning Board shall be guided by said schedule of compliance.

[3]

The above procedures must be followed in all cases of land disturbance, with the exception of:

[a]

Gardens on residential lots used for home consumption.

[b]

Construction of single-family dwelling units, unless such unit is part of a proposed subdivision, site plan, special exception, zoning variance, planned unit residential development, planned unit development or building permit application involving two or more such single-family dwelling units.

[4]

The application form and three copies of the soil erosion plan shall be accompanied by an application fee in accordance with the provisions of § 405-103C of this chapter. An escrow account shall be established in accordance with the provisions of § 405-104C(1)(b) and D.

(c)

Review and approval.

[1]

The Zoning Officer or other municipal official designated to receive soil erosion and sedimentation control plans and applications for review shall submit all copies of plans to the Secretary of the Upper Deerfield Township Planning Board at least two weeks prior to the Planning Board meeting at which consideration is desired.

[a]

The applicant shall be notified in writing of the decision of the Planning Board within 30 days from the date of submission of plans to the Secretary of the Planning Board, unless, by mutual agreement in writing between the municipality and the applicant, this period is extended for an additional 30 days. Failure of the Township to make a decision within such period or such extension thereof shall constitute certification.

[b]

In cases not approved, a letter explaining reasons for such disapproval shall be sent to the applicant. Further consideration by the Planning Board will take place after the applicant remedies the reasons for disapproval.

[c]

A copy of the Planning Board's decision, including the name of applicant, site location by street address, block and lot numbers, and proposed land use, shall be sent to the Cumberland Soil Conservation District. The Township shall also make available such other information as may be required by the District.

[2]

Improvements or guaranties prior to receiving permit.

[a]

Upon approval by the Planning Board, the applicant will be notified. Before the permit will be issued, any erosion safeguards proposed in the plan shall be installed or, in lieu thereof, the Planning Board shall require the posting of a performance guaranty for the satisfactory construction and installation of all required erosion controls and for the restoration of anything damaged by this construction. The amount of the performance guaranty shall be determined by the Township Engineer.

[b]

The procedures for posting the performance guaranty shall be in conformance with the provisions of §§ 405-65 and 405-66 of this chapter.

[c]

Release of the performance guaranty. The Township Engineer shall inspect all completed improvements required by the Planning Board for which a performance guaranty has been posted and certify that the improvements have been satisfactorily constructed in conformance with the aforementioned Standards for Soil Erosion and Sediment Control and the terms and conditions of the performance guaranty and that any required maintenance bond has been posted. [General design principles can be found in Subsection A(32)(d) of this section.] The Township Engineer shall submit his certification to the Planning Board for transmittal to the Township Committee with a request for release of the performance guaranty. The Township Committee, at its next regular meeting after receipt of the request for release of the performance guaranty from the Planning Board, may, by resolution, release the performance guaranty.

[d]

If the required improvements have not been installed in accordance with the performance guaranty, the obliger and surety shall be liable thereon to the Township for the reasonable cost of erosion controls not installed.

[e]

The developer shall execute a maintenance bond in a surety company authorized to do business in the State of New Jersey or other guaranty acceptable to the Planning Board and approved by the Township Solicitor as to form for the maintenance and repair of all soil erosion controls required to be installed by the applicant. The bond or surety shall be for a period of one year from the date of final acceptance of the improvement by resolution of the Township Committee of the Township of Upper Deerfield, after recommendation of acceptance by the Township Engineer, and its amount shall be equal to 10% of the Township Engineer's estimate of the cost of construction of the required public improvements. The bond shall apply only to such repairs as may be necessitated by substandard original construction or by damage by the applicant during the course of development

[f]

Release of maintenance bond. The Township Engineer shall inspect all facilities covered by a maintenance bond 30 days prior to the expiration date of the bond and certify that the facilities are in satisfactory condition. The Township Engineer shall submit his certification to the Planning Board for transmittal to the Township Committee with a request for release of the maintenance bond. The Township Committee, at its next regular meeting after receipt of the request for release of the bond from the Planning Board, may, by resolution, release the maintenance bond.

[3]

Failure of the Planning Board to act within the allotted time or a mutually agreed upon extension shall be deemed to be favorable approval, and the Municipal Clerk shall issue a certificate to that effect.

[4]

If any person shall be aggrieved by the action of the Planning Board, an appeal in writing to the Township Committee may be taken within 10 days after the date of the action of the Planning Board. A hearing thereon shall be had on notice to all parties in interest, who shall be afforded an opportunity to be heard. After such hearing, the Township Committee may affirm or reverse the action of the Planning Board by a recorded vote of a majority of the total members thereof. The findings and reasons for the disposition of the appeal shall be stated on the records of the Township Committee, and the applying party shall be given a copy.

[5]

Upon final approval, a copy of the approved plan shall be returned to the applicant, and the other copies of the soil erosion and sediment control plan shall be filed by the Planning Board with the following:

[a]

Township Engineer.

[b]

Construction Official.

[c]

Zoning Officer.

[d]

Cumberland Soil Conservation District.

[6]

Copies of farm conservation plans shall be retained by the Cumberland Soil Conservation District.

(d)

General design principles. Control measures shall apply to all aspects of the proposed land disturbance and shall be in operation during all stages of the disturbance activity. The following principles shall apply to the soil erosion and sediment control plan:

[1]

Stripping of vegetation, grading, excavation or other soil disturbance shall be done in a manner which will minimize soil erosion.

[2]

In order to ensure adequate seedbed for reestablished ground cover on the site, topsoil should not be removed from the site.

[3]

In order to prevent creation of impermeable surfaces, natural vegetation shall be retained and protected wherever feasible.

[4]

The cleared area shall be kept at the minimum necessary for movement of equipment, and the exposed area shall be replanted as soon as possible.

[5]

Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbances.

[6]

Drainage provisions shall accommodate increased runoff resulting from modified soil and surface conditions during and after development or disturbance. Such provisions shall be in addition to all existing requirements.

[7]

To facilitate groundwater recharge, water runoff shall be minimized and retained on site wherever possible.

[8]

Sediment shall be retained on site to the maximum extent feasible.

[9]

Any approved control structure shall be installed as the initial phase of operation.

[10]

The minimum standards for soil erosion and sedimentation control shall be those contained in the aforementioned Standards for Soil Erosion and Sediment Control.

(e)

Enforcement.

[1]

The requirements of this subsection shall be enforced by the Zoning Officer or other official designated by the Township Committee. He shall inspect or require adequate inspection of the work. If the Zoning Officer or other officer finds existing conditions not as stated in the applicant's erosion and sediment control plan, he may refuse to approve further work and may require necessary erosion and sediment control measures to be promptly installed and may seek other penalties as provided in § 405-113 of this chapter.

[2]

No certificate of compliance for a project shall be issued unless there has been compliance with the provisions of the applicant's approved soil erosion and sediment control plan. The applicant shall be required to have the approved soil erosion and sediment control plan on site during construction.

(f)

The Township may enter into an agreement with the Cumberland Soil Conservation District to receive, review and approve applications and enforce soil erosion and sedimentation control regulations. In such event, the Cumberland County Soil Conservation District shall have all power and authority to act in lieu of the Zoning Officer or other municipal officials designated for this purpose under the terms of this chapter.

(33)

Solid waste disposal and recycling. All proposed developments for the construction of 50 or more units of single-family residential housing or 25 or more units of multifamily residential housing and any commercial, industrial or institutional development proposed for the utilization of 1,000 square feet or more of land and all recreational and public uses shall provide for:

(a)

Centralized collection of solid waste. Such solid waste disposal areas and facilities shall be sufficient in size to handle anticipated waste generation of the site and use, be at convenient locations, and screened from view by approved fencing, walls, plant material or a suitable combination thereof as specified by § 405-62A4(p) of this chapter.

[Amended 7-7-2011 by Ord. No. 674]

(b)

Plans for all such areas and facilities for the provision of source separation and resource recovery, including collection, disposition and recycling of recyclable materials. Such plans and provisions shall conform to any adopted solid waste disposal and recycling plan or ordinance applicable to the area involved.

(34)

Streetlighting. Streetlighting standards and fixtures of a type and number approved by the Planning Board and Township Engineer shall be installed at street intersections and elsewhere as deemed necessary by the Planning Board to provide light for public safety and welfare along public streets. The developer shall provide for the installation of connections for streetlighting standards and fixtures wherever underground utility service is provided.

(35)

Streets.

(a)

All developments shall be served by improved streets with an all-weather base and pavement with an adequate crown. The arrangement of streets now shown on the adopted Master Plan shall be such as to provide for the appropriate extension of existing streets and conformity with the topography, as far as practical, and allow for continued extension into adjoining undeveloped lands.

(b)

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

(c)

Local streets shall be designed to discourage through traffic.

(d)

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

(e)

In all residential districts, development bounded by an arterial or collector street shall control access to said streets by having all driveways intersect minor streets. Where the size, shape, location or some other unique circumstance may dictate no other alternative than to have a driveway enter an arterial or collector street, the lot shall provide on-site turnaround facilities so it is not necessary to back any vehicle onto an arterial or collector road, and abutting lots may be required to use abutting driveways with one curb cut. All lots requiring reverse frontage shall have an additional 25 feet of depth to allow for the establishment of the buffers outlined below unless such buffers are established in a reserve strip controlled by the Township or county. That portion of the development abutting an arterial or collector street right-of-way shall either be planted with nursery-grown trees to a depth of not more than 25 feet as a buffer strip along the right-of-way line and for the full length of the development so that, in a reasonable period of time, a buffer area will exist between the development and the highway or, where topography permits, earthen berms may be created at a sufficient height to establish a buffer between the development and the highway. Berms shall not be less than five feet in height, they shall be planted with evergreens and deciduous trees according to a landscaping plan so as to be designed to have no adverse effect on nearby properties. All trees shall be of nursery stock having a caliper of not less than 2 1/2 inches measured three feet above ground level and be of an approved species as determined by the Township Shade Tree Commission or Planning Board. They shall be of symmetrical growth, free of insect pests and disease, suitable for street use and durable under the maintenance contemplated.

(f)

Street classifications.

[1]

In all developments, the minimum street right-of-way shall be measured from lot line to lot line and shall be in accordance with the adopted Township Master Traffic Plan and as set forth hereinbelow.

[Amended 1-19-1996 by Ord. No. 449]

[a]

Minimum street rights-of-way.

Type of Street		Minimum Right-of-Way Width (feet)
Local roadways		50
Local collector roadways		60
County road system		66
Arterial roadways:
	State highway system	80
	County road system	66

[b]

The following minimum roadway standards shall be applicable to new roads and existing roads slated for major improvements:

				Total Width*
Classification	Lane Width (feet)	Minimum Number of Travel Lanes	Shoulder Width (feet)	Curbed (feet)	Uncurbed (feet)
Arterial	12	2	12	50	48
Collector	12	2	8	44	40

*	NOTE: Add 12 feet of paving for each additional travel lane. If curbs are required, add two feet of width to the right lane for a gutter area.

[c]

Local roads.

[i]

Low-intensity (serving no more than 50 lots): 20 feet without parking; 28 feet with parking.

[ii]

Residential subcollector (serving 50 to 100 lots): 20 feet without parking; 28 feet with parking on one side; 36 feet with parking on both sides.

[2]

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

(g)

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

(h)

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

(i)

Longitudinal grades on all local streets shall not exceed 10%, or 4% on arterial and collector streets. No street shall have a longitudinal grade of less than 1/2 of 1%. Maximum grades within intersections shall be 4%. The cross section of the cartway from the center line to the curbline or edge of the paving shall be parabolic and shall not exceed a slope of 2%. Where the cartway on a collector or arterial street is banked to facilitate a curve in the street alignment, the slope toward the curbline or shoulder shall conform to accepted engineering practice.

(j)

Local streets should not be part of a four-way intersection. Intersecting street center lines shall be as nearly at right angles as possible, and in no case shall they be less than 75° at the point of intersection. The curblines shall be parallel to the center line. Approaches to all intersections shall follow straight lines for at least 100 feet measured from the curbline of the intersecting street to the beginning of the curve. No more than two street center lines shall meet or intersect at any one point. Collector and arterial streets intersecting another street from opposite sides shall not be offset unless, measuring from the point of intersection of the street center line, the two intersections shall be spaced a sufficient distance to permit a minimum of two lot depths between two street rights-of-way, but not less than 250 feet between rights-of-way. Any development abutting an existing street which is classified as an arterial or collector street shall be permitted not more than one new street every 800 feet on the same side of the street within the boundaries of the tract being subdivided. In the spacing of streets, consideration will be given to the location of existing intersections on both sides of the development. Intersections shall be rounded on the curbline, with the street having the highest radius requirement as outlined below determining the minimum standard for all street lines:

[1]

Arterial street at 40 feet.

[2]

Collector street at 30 feet.

[3]

Local street at 20 feet.

(k)

The right-of-way for internal roads and alleys in commercial and industrial developments shall be determined on an individual basis by the Planning Board and shall in all cases be of sufficient width and design to safely accommodate parking and loading needs of adjoining uses.

(l)

A tangent at least 200 feet long shall be introduced between reverse curves on arterial and collector streets. When connecting street lines deflect in any direction, they shall be connected by a curve with a radius conforming to standard engineering practice so that the minimum sight distance within the curbline shall be 160 feet for a local street, 300 feet for a collector street and 550 feet for an arterial street.

(m)

All changes in grade where the difference in grade is 1% or greater shall be connected by a vertical curve having a length of at least 50 feet for each two-percent difference in grade, or portion thereof, and providing minimum sight distances of 160 feet for a local street, 300 feet for a collector street and 550 feet for an arterial street. Intersections shall be designed with as flat a grade as practical with the advice of the Township Engineer.

(n)

Where dead-end (cul-de-sac) streets are utilized, they shall conform to the following standards:

[1]

Dead-end streets of a permanent nature (where provisions for the future extension of the street to the boundary of the adjoining property is impractical or impossible) or of a temporary nature (where provision is made for the future extension of the street to the boundary line of adjoining property) shall provide a turnaround at the end with a right-of-way radius of not less than 50 feet and a cartway radius of not less than 40 feet. The center point for the radius shall be on the center line of the associated street or, if offset, to a point where the cartway radius also become a tangent to one of the curblines of the associated street.

[2]

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

[3]

A dead-end street shall serve no more than 14 lots.

[4]

All cul-de-sac and loop streets shall be entirely located within the Township of Upper Deerfield and may not extend across a municipal boundary so as to be partly in another municipality. All proposed streets in a subdivision, including cul-de-sac streets, loop streets, minor or local streets and collector streets within the Township, shall provide access only to lots which meet the area dimension and lot configuration standards for such lots with land entirely within the Township of Upper Deerfield. For purposes of this subsection, a "loop street" is defined as a street that has its only ingress and egress at two points on the same minor, local or collector street.

[Added 8-2-1990 by Ord. No. 360]

(o)

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

(p)

In the case of local streets within a development where the Township Committee determines that the length of the street and the nature of adjacent uses warrant such reduction in the width of the paved surface, the width may be reduced below the paved width required in Subsection A(35)(f) of this section.

(36)

Stormwater management.

(a)

General design considerations.

[1]

The drainage system of a proposed development shall be adequate to carry off and/or store the stormwater and natural drainage water which originates not only within the subdivision boundaries but also that which originates from the total natural watershed surrounding the property in question.

[2]

The drainage system to be installed shall be designed to control the amount and rate of stormwater runoff. A general principle for major development design shall be to not increase the parcel's amount or rate of stormwater runoff by the use of structural and nonstructural measures.

[3]

Whenever possible, any major development's drainage system shall be designed for the recharge of groundwater and the retention of stormwater on site.

[4]

Provisions shall be made to limit the amount of sedimentation and other pollutants that may enter a natural watercourse as a result of the development.

[5]

Where possible, a development's stormwater management design shall preserve stream channels, floodplains and wetlands in their natural condition to act as buffers against flooding and pollution.

[6]

No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems, create flooding or require the construction of additional drainage facilities in other private or public lands without proper and approved provisions being made for remedying these off-site or off-tract conditions.

[7]

For all developments, land subject to periodic or occasional flooding (floodplain areas) shall not be plotted for residential occupancy nor for any other purpose which may endanger life or property or aggravate flood hazard. Such land within a plat or plan shall be considered for open land use.

(b)

Specific design considerations.

[1]

For all developments where the average elevation of the lot or the elevation of the building site is below the crown of the existing or proposed road, the lot shall be properly graded to ensure proper drainage away from buildings and to prevent the ponding of stormwaters in front, side or rear yards. A grading plan shall be submitted for such lots to ensure proper drainage prior to final approval.

[2]

The materials used for drainage facilities and appurtenances thereto shall be in conformance with Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, 1983, and all addenda. The technique for calculations and design parameters shall be by the Rational Method for drainage sheds less than four acres and the Natural Resources Conservation Service Technical Release 55, as currently updated, method for drainage sheds above four acres. The following recurrence interval parameter shall be adhered to: minor inlets, two years; low points, five years; sump inlets, 10 years; minor stream structure, 50 acres or less, 10 years; major stream structures with no headwaters, 25 years; and major stream structures with maximum headwaters, 100 years. Single Type B inlets shall not be designed to catch more than 5 1/2 cubic feet per second, regardless of head, but shall not be spaced greater than 500 feet, center to center. Discharge and collection systems shall not be designed for inlet head under any circumstance.

[3]

Drainage structures which are located on state or county highway rights-of-way shall be approved by the state or County Highway Engineer's office, and a letter from that office indicating such approval shall be directed to the Township Planning Board and shall be received prior to the final approval. Drainage structures proposed on a brook or stream with a drainage area of 1/2 square mile, 320 acres or greater, shall be approved by the New Jersey Department of Environmental Protection, and a letter from that office shall be directed to the Planning Board Chairman.

[4]

All proposed subdivisions or developments abutting a brook or stream whose drainage area, up to and including the subdivision or development, is greater than 50 acres shall be required to secure a stream encroachment permit from the New Jersey Division of Water Policy and Supply, Bureau of Floodplain Management, prior to the authorization of final approval. Furthermore, a copy of the permit shall be forwarded to the Planning Board and shall be attached to the final engineering plans of the same.

[5]

Road drainage. The use of swales for road drainage purposes may be permitted at the discretion of the Township Planning Board, provided that the development is under 20 lots, the minimum lot size is greater than one acre and that the grade does not exceed 6% nor is less than 1/2 of 1%. In developments with more than 20 lots, swales may only be permitted along roads in which reverse frontage has been provided. Where these conditions are not met or where drainage conditions warrant, curbing and guttering shall be required along all existing and proposed streets. In minor subdivisions, curbing and guttering may be required where drainage or traffic conditions warrant or when the subdivision is in proximity to existing curbed and guttered areas.

[6]

Land drainage. All surface drainage shall be piped except if the developer demonstrates that the use of swales is a more appropriate form of conveyance to the satisfaction of the Township Planning Board. The use of swales shall not be permitted where the adjacent lot sizes are less than 1/2 acre.

[7]

Swales, where permitted, shall be designed according to the following standards:

[a]

Swales shall have a parabolic or trapezoid shape.

[b]

Side slopes of a swale along a road shall not be steeper than 4:1 adjacent to the road and 2:1 on the slope away from the road. Side slopes of swales not along a road shall not exceed 3:1.

[c]

Trees, brush and stumps, as well as other objectionable material, are to be cleared and disposed of so as not to interfere with construction or proper functioning of the waterway.

[d]

Separate areas filled are to be compacted as needed to prevent unequal settlement that will cause damage in the completed waterway.

[e]

Waterways and outlets shall be protected against erosion by vegetative means as soon after construction as practical before diversions or other channels are outletted into them. Seeding, fertilizing, mulching and sodding shall be in accordance with the applicable standards as required under § 405-62A(32) of this chapter.

[8]

Storm sewer pipe shall be installed in accordance with proper engineering practices and shall be designed according to the following standards:

[a]

The pipe shall be concrete or aluminum as required by the Township Engineer. Nonreinforced concrete pipe shall conform to A.A.S.H.O.M.-86 for specified diameter and strength class. Reinforced concrete pipe shall conform to A.A.S.H.O.M.-170 for specified diameter and strength class. Aluminum alloy pipe shall conform to A.A.S.H.O.M.-197 for specified diameter and strength.

[b]

All drainage pipes shall have a minimum diameter of 15 inches. The pipe shall be laid in straight alignment between manholes. All transitions in slope, changes of direction or pipe size shall be confined to manholes, catch basins or other accessible structures.

[c]

The size of the pipe, slope and invert elevations shall be submitted on a final drainage plan.

[d]

In those areas where the groundwater elevation is such that roadway subbase instability could occur from the same, the Planning Board or Township Engineer shall reserve the right to require extra-strength porous concrete pipe in lieu of either reinforced concrete or corrugated aluminum storm sewer conduit for the purpose of adequately underdraining the surrounding soil and stabilizing the affected subbase.

[e]

Slotted drainpipe shall not be permitted except if approved by the Township Engineer.

[9]

Where a subdivision or development is traversed by a watercourse, surface or subsurface drainageway, channel or stream or a development proposes the creation of such surface or subsurface drainageways, there shall be provided and dedicated a drainage right-of-way easement to the Township. The width of the drainage easement required shall be determined by the Township Engineer based upon the width needed to accommodate maintenance and construction activities. A minimum width of all drainage easements shall be 40 feet or 20 feet from the edge of the watercourse.

[10]

Stormwater management basins shall be provided when the developed runoff from the site exceeds the capacity of the receiving waters or there is an increase in the developed runoff over the existing conditions. Nonstructured and/or methods other than basins may be utilized to decrease the developed runoff.

[Amended 12-19-1991 by Ord. No. 381]

[a]

The following stormwater management calculations shall be submitted:

[i]

Existing runoff from the basin prior to development for the following storm frequencies: one-, ten-, twenty-five- and one-hundred-year.

[ii]

Developed runoff calculations for the following storms: one-, ten-, twenty-five- and one-hundred-year.

[iii]

An analysis of downstream drainage structures based on the same storms with the shed in its current condition and the drainage basin under full development.

[b]

Basins shall not be constructed within the required setback lines for the zone district in which they are located.

[c]

Where basin water depth based on a one-year storm exceeds two feet at its maximum depth, an eight-foot-high chain link fence shall be required.

[d]

Direct unpiped flow to the basin shall be prohibited where it causes a velocity based on a twenty-five-year design storm or more than two feet per second.

[e]

Where detention basins are proposed or required, the following information shall be provided:

[i]

A minimum of two test pits taken to a depth of five feet below the bottom of the proposed basin. Soil lots will show the same information as required by the state standards for individual sewage disposal systems.

[ii]

Stormwater routing for the following storm frequencies: one-, ten- and twenty-five-year. The routing shall be by the Storage Indication Method (modified Puls).

[iii]

An evaluation of the effect of a two-hundred-year storm on the basin.

[iv]

Where a basin is proposed to completely dewater after a storm, a concrete low-flow channel shall be constructed.

[v]

The minimum basin bottom grading shall be 1.5%.

[vi]

Where the soil permeability rate is slower than six inches per hour, the basin bottom and sides shall be a minimum of six inches crushed stone on a layer of filter fabric.

[vii]

Side slopes on grass basins shall be a maximum of 5:1 and crushed stone basins shall be 3:1.

[viii]

Calculations shall be provided showing the time for basin to completely dewater after a design storm.

[f]

Where a retention basin is proposed, the following conditions shall apply:

[i]

The basin shall store the entire runoff from a twenty-five-year, twenty-four-hour storm with a minimum of 1.0 foot of freeboard.

[ii]

The basin sides and bottom shall be covered with filter fabric and a minimum of six inches of crushed stone.

[iii]

Said filter fabric and stone shall not be installed until such time as the upstream drainage sheds are stable.

[iv]

An emergency spillway shall be provided capable of passing the one-hundred-year storm event. This spillway shall be located above the required freeboard.

[v]

An easement will be created from said spillway to its eventual point of discharge, prohibiting any structures from being placed in the same.

[g]

All stormwater management basins shall be screened and buffered as required by § 405-62A(4) herein.

[h]

Where alternate means of stormwater management are proposed, the applicant shall submit complete design criteria and calculations for the Board's approval.

[11]

Retention basins shall be designed in accordance with the following standards:

[a]

Inflow Q shall be designed as required for detention basins.

[b]

Outflow Q shall not be considered for any basin whose soil percolation rate is in excess of six minutes per inch.

[c]

The bottom elevation of all retention basins shall be a minimum of two feet above the seasonal high-water table. Overflow and freeboard design shall be as previously specified for detention basins. Fencing requirements shall likewise be as previously specified for detention basins.

[d]

The preferred side slope of the banks for either detention or retention basins shall be 5:1 ratio, with a minimum acceptable ratio of 3:1 if conditions do not permit.

[e]

Retention basins are not permitted where soils have a percolation rate of less than five minutes per inch or more than 60 minutes per inch.

[12]

Collection basins. The collection basins shall be designed in accordance with the Rational Method expressed as the equation:

Q = AIR

Where
	Q	=	Volume of runoff in cubic feet per second.
	A	=	The contributory drainage area, in acres, both within and outside the boundary of the development.
	I	=	Coefficient of runoff applicable to the drainage area. It shall consider the soil character, slope of the area and degree of ultimate development as determined by current zoning. In general, the values of the runoff coefficient will fall within the following range:
			Classification	Coefficient
			Parklands, golf courses, etc.	0.15 to 0.30
			Densities below 2 dwelling units per acre	0.30 to 0.50
			Densities of 2 dwelling units per acre and above	0.50 to 0.70
			Commercial and industrial	0.70 to 0.90
			NOTE: For composite areas of various classifications, the coefficient for the predominate area shall be used for all calculations.
	R	=	Rainfall intensity. A minimum intensity of 2.75 shall be used.

[13]

Flow design criteria.

[a]

Velocity of flow shall be determined by Manning's formula:


R	=	Hydraulic radius of conduit, or area of a stream divided by wetter perimeter.
S	=	Slope of hydraulic grade line or, for open channels or ditches, the slope of the water surface.
n	=	The coefficient of friction. Acceptable values of "n" are 0.015 for circular cross section, nonporous concrete pipe; 0.015 for pipes 18 inches or smaller in diameter and concrete-lined ditches; 0.025 for clear unlined ditches; or 103 to 0.15 for fair to poor natural streams and watercourses. Other cross sections of pipe materials shall have commensurate friction factors as may be approved by the Township Engineer.

[b]

Permissible design velocities for open channel ditches shall be as follows:

	Material	Velocity (feet per second)
	Fine sand to loam	2.5 to 3.5
	Clay to hardpan	3.75 to 6.0
	Concrete lined	15
	Pipe	See Note

NOTE: Minimum design velocity at flowing full condition shall be three feet per second. Pipes shall be considered flowing full at maximum capacity.

[14]

All stormwater management areas shall be landscaped in conformance with § 405-62A4(j) of this chapter.

[Added 7-7-2011 by Ord. No. 674]

(37)

Topsoil conservation. Topsoil removed during the course of construction shall be redistributed so as to provide at least three inches of cover to all areas of the development not covered and shall be stabilized by seeding, planting or sodding. In the event that the site does not contain sufficient amounts of topsoil to provide three inches of topsoil to all uncovered areas of the development, the developer shall supply sufficient amounts to meet this requirement. Unless specifically permitted by the Planning Board, no topsoil shall be removed from the site.

(38)

Traffic and directional signs. Each development requiring off-street loading or parking areas or where roadways are not dedicated and accepted by the Township shall install and maintain all appropriate traffic and directional signs, markers or pavement markings as approved by the Planning Board or other agency having jurisdiction over such markings. In the case of parking and loading facilities, parking stalls and loading areas, traffic flow directions and areas where parking is for limited periods of time or prohibited shall be clearly marked. In the case of developments where access is provided by driveways or streets not dedicated and accepted by the Township, county or state, all traffic signs, street signs, directional signs and similar markings shall be installed and maintained in accordance with the requirements of the appropriate approval authority.

(39)

Visual obstruction. In any district, nothing shall be erected, placed or allowed to grow in such a manner as to materially impede vision between a height of 2 1/2 feet and 10 feet above the center-line grade of an abutting street or streets within 30 feet of an intersection of street lines involving a state or county road, within 20 feet of an intersection of street lines involving two municipal streets, or within 15 feet of an intersection involving boundary lines of a driveway and a street.

(40)

Water supply.

(a)

Where water is accessible from a servicing utility, the developer shall arrange for the construction of water mains in such a manner as to make adequate water service available to each lot, dwelling unit or use within said development. The entire system shall be designed in accordance with the requirements and standards set forth in Chapter 396, Water Supply Systems, of the Code of the Township of Upper Deerfield, the county and/or state agency having approval authority, and shall be subject to its approval. The system shall also be designed with adequate capacity and sustained pressure for present and probable future development. Minimum Township specifications shall be as follows:

[1]

Water supply facilities and systems shall be provided and installed in accordance with the specifications of this section, the provisions of Chapter 396, Water Supply Systems, of the Code of the Township of Upper Deerfield and as required by the Township Engineer. Said water supply facilities and systems shall be designed and installed for either immediate or future connection with a public or on-site community water supply facility or system approved by the New Jersey Department of Environmental Protection and the Township Committee of the Township of Upper Deerfield. In areas where public water supply does not exist or is not expected to be provided within a reasonable period of time in the opinion of the Planning Board, the Board may waive the requirement that water supply facilities be installed to connect with public water supply facilities or systems.

[2]

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

[3]

All water supply and treatment facilities shall comply with the rules and regulations established by the New Jersey Departments of Health and Environmental Protection, as currently amended, and the Township of Upper Deerfield. Water mains shall be sized for adequate delivery of pressure and volume as set forth in Chapter 396 of the Code of the Township of Upper Deerfield

[Amended 8-2-1990 by Ord. No. 360[12]]

[12]

Editor's Note: This ordinance also provided for the deletion of former subsections [4] through [9], which immediately followed this subsection.

(b)

Where public water is not available, potable water supply shall be provided to each lot on an individual well basis. Such wells shall be designed in accordance with the requirements and standards of the Township and/or state agency having jurisdiction.