Township of Lafayette, NJ Chapter 12 Land Use

Editor's Note: Ordinance 6/7/95 established a Land Use Board and abolished the Planning Board and Zoning Board of Adjustment. Any reference in this chapter to the Planning Board and/or Zoning Board of Adjustment shall be deemed to mean Land Use Board. Prior ordinance history includes portions of Ord. 3/6/63, 7/14/64, 7/11/67, 4/10/73, 5/14/74, 4/12/77, 6/23/81, 1/19/84 and 12/18/84.

§ 12-1 SHORT TITLE.

[Ord. 9/7/93, § 12-1]

This chapter shall be known and may be cited as: The Land Use Ordinance of the Township of Lafayette.

§ 12-2 PURPOSE.

[Ord. 9/7/93, § 12-2]

It is the intent and purpose of this chapter to encourage action to guide the appropriate use or development of all lands in the Township of Lafayette, in a manner which will promote the public health, safety, morals and general welfare; to insure that the development of the Township of Lafayette does not conflict with the development and general welfare of neighboring municipalities, or with the environment; to promote a desirable visual environment through creative development techniques and good civic design and arrangements; to promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land; and to establish orderly and uniform procedures relating to land use and development regulation.

§ 12-3 APPROVING AGENCY.

[Ord. 9/7/93, § 12-3]

The provisions of this chapter shall be administered by the Township Planning Board and, where permitted by statute, the Zoning Board of Adjustment in accordance with all applicable provisions of N.J.S.A. 40:55D-1 et seq. In this chapter, reference to the Planning Board shall also mean the Zoning Board of Adjustment in those instances where, under N.J.S.A. 40:55D-1 et seq., the Zoning Board of Adjustment is authorized to review an application.

§ 12-4 DEFINITIONS.

[Ord. 9/7/93, § 12-4]

Unless otherwise expressly stated, all terms shall, for the purposes of this chapter, have the same meanings as indicated in the Lafayette Township Zoning Ordinance. Where certain words or phrases are not defined in the Zoning Ordinance, their meanings shall be as defined in N.J.S.A. 40:55D-3-7.

§ 12-5 PROCEDURES.

See also Chapter 14, Land Use Procedures.

§ 12-5.1 Submission of Concept Plan.

[Ord. 9/7/93, § 12-5.1; Ord. 6/7/95; Ord. No. 2009-15 § 1]

a. At the request of the applicant, the Land Use Board or the Subdivision or Site Plan Committee shall grant an informal review of a concept plan for a development for which the applicant intends to prepare and submit an application for development.

The purpose of the concept plan is to provide the Land Use Board or Subdivision or Site Plan Committee input in the formative stages of the development design; and these informal reviews are encouraged.

b. Applicants seeking a concept plan informal review shall submit the following items 21 days before the concept plan meeting for review by the Land Use Board or Subdivision or Site Plan Committee and/or the Township's professional consultant(s). These items provide the developer and the Township with the information necessary to have an informed discussion about the project.

1. Environmental Information:

(a) USGS Quadrangle (1" = 2,000' scale) showing location of site and drainage area of all streams to which the site drains.

(b) USDA/SCS soil survey map showing location of site.

(c) Geologic map of Lafayette Township showing location of subject site (Lafayette Township Wastewater Management Plan).

(d) U.S. Fish and Wildlife Service National Wetlands Inventory map showing location of site.

(e) Surface Water Resource Map of Lafayette Township (Lafayette Wastewater Management Plan) showing location of subject site.

(f) Two foot contour interval topographic map of site at a scale of not less than one inch equals 100 feet showing slope categories of zero to 14.9% slope, 15 to 24.9% slope, and 25% slope or greater. Existing site features should also be shown such as to the location and types of vegetation present, the location of all streams, lakes, ponds, the location of all rock outcroppings, and the location of existing structures, roads, road rights of way, drains and drainage structures both on-site and within 200 feet of the portion of the site to be subdivided.

2. Planning Information:

(a) The Lafayette Township Tax Map showing the location of the site.

(b) The Lafayette Township Zoning Map showing the location of the site.

(c) A clear or translucent "overlay" sheet showing the concept plan including the proposed location of all lots, roads, and drainage facilities, at the same scale as the two foot contour interval topographic map required in Subsection b1(f) above.

c. Neither the applicant nor the Land Use Board shall be bound by any concept plan for which review is requested. The Land Use Board may require notice of the concept plan meeting pursuant to Subsection 14-3.6 for public input only.

§ 12-5.2 Submission of Minor Subdivision Plat.

[Ord. 9/7/93, § 12-5.2; Ord. 6/7/95]

a. Any owner of land within the Township wishing to subdivide or resubdivide land wherein such subdivision meets or appears to meet the definition as contained in this chapter for "minor subdivision" shall file with the Township Clerk 10 copies of the minor subdivision plat, application forms and other required information accompanied by fees and deposits in appropriate amounts as specified in Chapter 14, Land Use Procedures. If the applicant does not intend to file a map in the County Clerk's Office with respect to the proposed subdivision, the applicant shall file a proposed deed of the subdivision containing, at least, the description of the lot or lots that the applicant proposes to create. All plats, applications and other required information shall be submitted at least 21 days prior to any Lane Use Board meeting at which time the application will be considered. If the applicant is not the record owner of the title to the property being subdivided, he shall file a written consent signed by the owner consenting to the making of the application and agreeing to be bound by the Land Use Board decision.

b. Prior to submission of an application for minor subdivision approval, all proposed lots shall be conspicuously marked with stakes and flags of engineers tape at all corners and elsewhere as may be needed to adequately determine the boundaries of such lots by visual inspection.

c. Minor subdivision applications shall be granted or denied within 45 days of the date of certification of submission of a complete application, or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of Land Use Board approval, unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, or a deed clearly describing the approved minor subdivision, is filed by the developer with the County Recording Officer, the Municipal Engineer, and the Municipal Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Land Use Board before it will be accepted for filing by the County Recording Officer.

d. Any approvals given pursuant to this subsection shall be conditioned upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

e. If approved by the Land Use Board as a minor subdivision, three copies signed by the Chairman and Secretary of the Land Use Board shall be returned to the applicant within one week following approval. The Land Use Board may condition such approval on terms insuring the provision of improvements pursuant to Sections 29, 29.1 and 41 of Chapter 291, Laws of 1975. If County Planning Board approval has not been granted, the Land Use Board shall condition its approval on the timely receipt of a favorable report on the application by the County Planning Board. The plat shall, also, be signed by the Township Engineer which shall evidence compliance with all approved design and improvement standards. No further Land Use Board approval shall be required.

f. The Secretary of the Land Use Board shall forward one copy to each of the following:

1. Township Clerk

2. Township Engineer

3. Building Subcode Official or Zoning Officer

4. Tax Assessor

5. Secretary of the Land Use Board

6. County Planning Board

7. Secretary of the Board of Health

g. Either a deed or plat shall be filed with the County Recording Officer in accordance with the provisions of Subsection 14-1.8 of the Land Use Procedures Chapter of the Township.

h. If a plat is not approved as a minor subdivision, a notation to that effect shall be made on the plat which will be returned to the subdivider for compliance with the procedures for major subdivision as set forth in this chapter.

§ 12-5.3 Submission of Preliminary Plat for Major Subdivision or Site Plan.

[Ord. 9/7/93, § 12-5.3; Ord. 6/7/95; Ord. No. 2009-15 § 3]

a. Site Plan Review Requirement. Prior to the issuance of a permit for any development other than for detached one or two dwelling unit buildings, and as a condition for the issuance of any such permit for development, a site plan shall be submitted to the Land Use Board acting as the Planning Board for its review and approval, except that the resolution of the Land Use Board acting as the Board of Adjustment shall substitute for that of the Land Use Board acting as the Planning Board whenever the Land Use Board acting as the Board of Adjustment has jurisdiction over a site plan pursuant to N.J.S.A. 40:55D-76(b). This requirement shall be applicable for any permit required for any new structure or for any addition to or alteration of an existing structure or of parking facilities related to any structure; to any change in use of a structure other than those hereinabove exempted, or to removal of vegetation or disturbance of soil in an area of over 5,000 square feet. Nothing herein shall prevent a request for waiver of site plan which can be granted where a prior site plan exists, no waiver or variances are involved, and the integrity of § 12-2 and the Zoning Ordinance can be maintained.

b. Any owner of land within the Township wishing to subdivide or resubdivide land wherein such subdivision meets or appears to meet the definition for major subdivision as contained in Chapter 13, Zoning, or who needs site plan review shall file with the Township Clerk 14 copies of the preliminary plat, application forms and other required information in accordance with the requirements of this chapter and the Land Use Procedures Chapter, Chapter 14, of the Township accompanied by the fees as specified in that chapter. Such submission shall be made at least 21 days prior to any Land Use Board meeting at which time the application will be considered. If the applicant is not the record owner of the title to the property being reviewed, he shall file a written consent signed by the owner consenting to the making of the application and agreeing to be bound by the Land Use Board decision.

c. If the Land Use Board finds that the application for development is incomplete, the developer shall be notified in writing of the application deficiencies within 45 days of submission of such application or the application shall be deemed complete.

d. The developer shall file an application with the County Planning Board. The County Planning Board shall have 30 days to review and respond. In the absence of a response within 30 days, the County Planning Board shall be deemed to have approved the plat.

e. Following preliminary approval and before construction begins, the developer shall pay the Township for all projected inspection services by the Township Engineer at the rate of 5% of the total cost of improvements as estimated by the Township Engineer. If a dispute arises as to the reasonableness of the fees required, the Land Use Board shall fix the same after a hearing. Any unexpended portion of the inspection fees shall be returned to the developer. The developer shall pay to the Township, from time to time, an escrow account for these inspection fees which exceed the 5%. No approvals shall be granted to any application where there is a deficiency in the escrow account.

f. The applicant shall notify all persons entitled to notice of the hearing on the application in accordance with the provision of the Land Use Procedures Chapter of the Township and N.J.S.A. 40:55D-12. If the Land Use Board requires any substantial amendment to the application or to the improvements to be installed by the developer that have already been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development including the giving of notice in accordance with the provisions of N.J.S.A. 40:55D-12.

g. Decisions made in the field by the Township Engineer shall be shown on the as-built drawings.

h. Copies of the preliminary plat shall be forwarded by the Secretary of the Land Use Board prior to the hearing to the Land Use Board Engineer and such other municipal, county or State officials or consultants as directed by the Land Use Board.

If the preliminary plat lies within 200 feet of another municipal boundary, a copy of the plat shall be sent by the Land Use Board Secretary to the Secretary of the Planning Board of the adjoining municipality. A written statement shall be requested by the Land Use Board Secretary from the adjoining municipality setting forth any conflict of the proposed development in the Township of Lafayette with the comprehensive plan or scheme of the adjoining municipality. The Secretary of the Land Use Board of the adjoining municipality should be informed of the date of the public hearing and that any communications received prior to the date of the hearing will be considered in relation to the approval or disapproval of the plat.

i. Upon receipt of a completed application, the Land Use Board shall grant or deny preliminary approval as follows:

1. Within 45 days for a subdivision of 10 or fewer lots or for a site plan which involves 10 acres of land or less or 10 dwelling units or less.

2. Within 95 days for a subdivision of more than 10 lots or for a site plan which involves more than 10 acres of land or more than 10 dwelling units.

3. Within 120 days for a subdivision or site plan requiring a variance.

4. Such time can be extended upon written consent of the applicant.

5. Failure of the Land Use Board to obtain an extension of time or to act within the above periods of time shall constitute an approval of the subdivision or site plan.

j. Approval of any application shall be conditioned on certification by the Sussex County Soil Conservation District of a plan for soil erosion and sediment control pursuant to the provisions of C. 251, L. 1975.

k. If the Land Use Board acts favorably on a preliminary plat, the Chairman and Secretary of the Land Use Board shall affix their signatures to the plat with a notation that it has received preliminary approval and returned to the developer for compliance with final approval requirements.

l. Notice of the action taken by the Land Use Board shall be forwarded to the Township Clerk, to the applicant or his attorney, and to the official newspaper within 10 days of the decision.

m. A copy of the action taken by the Land Use Board shall be forwarded to the Township Clerk.

n. Preliminary approval shall, except as hereinafter set forth, confer upon the applicant the following rights for a three year period from the date of such approval:

1. That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size: yard dimensions and off-tract improvements; except that nothing herein shall be construed to prevent the Township from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;

2. That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat; and

3. That the applicant may apply for and the Land Use Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance such revised standards shall govern.

4. In the case of a subdivision for an area of 50 acres or more the Land Use Board may grant the rights referred to in Subsections n1, 2 and 3 above for such period of time, longer than three years, as shall be determined by the Land Use Board to be reasonable taking into consideration (a) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (b) economic conditions and (c) the comprehensiveness of the development. The applicant may apply for thereafter and the Land Use Board may thereafter grant an extension of preliminary approval for such additional period of time as shall be determined by the Land Use Board to be reasonable taking into consideration items (a) through (c) above and the time necessary to complete it.

§ 12-5.4 Installation of Improvements Prior to Final Approval.

[Ord. 9/7/93, § 12-5.4; Ord. 6/7/95]

a. Before consideration of a final subdivision, the applicant shall have installed all required improvements as specified in § 12-7 under the supervision and inspection of the Township Engineer, except that the Land Use Board may accept a performance guarantee approved by the Township Attorney in an amount equal to 120% of the estimated cost of the improvement of which 10% of the total amount shall be in cash or a certified check for the later installation of the improvements.

b. The amount of the performance guarantee may be reduced or released in accordance with the provisions of N.J.S.A. 40:55D-53.

c. Before the granting of a final approval based upon the bonding for the installation of improvements, the Land Use Board shall establish a time table or phasing plan which provides for the installation of all required improvements while sustaining an appropriate level of monetary guarantees so as to adequately protect the Township.

1. The time or phasing schedules in all instances shall be based upon:

(a) The amount of time estimated to install all improvements;

(b) Site characteristics;

(c) Economic realities;

(d) Site disturbance;

(e) The integrity of the bonding.

2. Failure by a developer to meet any time limit or any phasing deadline will result in a necessity for a re-review by the Land Use Board unless said review is otherwise waived in writing by the Township Engineer.

d. All timing and phasing schedules shall be incorporated into the developer's agreement and the monitoring of the schedules and the sufficiency of the bonding shall be the responsibility of the Township Engineer.

1. In the event that the Township Engineer determines, at any time, that there is insufficient bonding to adequately cover the completion of the project the Engineer then may adjust the bonding limits, the amount and form of which shall be acceptable to the Township Attorney. In the event that the developer disagrees with the Engineer's decision, immediate review shall be scheduled by the Township Land Use Board.

2. Failure of the developer to comply with the decision of the Township Engineer or failure to appear before the Land Use Board to resolve the matter will result in an immediate stoppage of the development project and the withdrawal of all permits.

3. It is anticipated that the developer will proceed with the development in a prompt fashion and any cessation thereof for more than a period of six months will result in a termination of all permits and necessitate a reauthorization by the Land Use Board Engineer both as to sufficiency of performance guarantees as well as compliance with subdivision approvals and current specifications and design standards. If a dispute shall arise, the matter shall be submitted to the Land Use Board for a review and modification of the previous approval and established time periods before new permits shall issue.

§ 12-5.5 Submission of Final Plat of Major Subdivision or Site Plan.

[Ord. 9/7/93, § 12-5.5; Ord. 6/7/95]

a. The application for final major subdivision or site plan approval shall be submitted to the Land Use Board at the time of or during the pendency of the preliminary approval in accordance with the provisions of the Land Use Procedure of the Township.

b. The original tracing, one translucent tracing, two cloth prints or equivalents, 14 black or blue on white prints and 14 copies of the completed application shall be submitted to the Clerk. Paper prints may be sufficient until after all corrections have been made and final approval has been granted by both the Municipal Land Use Board and County Planning Board.

c. The application shall be accompanied by fees and deposits in appropriate amounts as specified in Chapter 14, Land Use Procedures.

d. Copies of the final plat shall be forwarded by the Board Secretary to the Township Engineer and such other officials or agencies as directed by the Land Use Board.

e. Letters required prior to the final approval. Prior to final approval the Land Use Board shall have received the following:

1. A letter from the Land Use Board Engineer containing a list of all items to be covered by a performance guarantee (cash or certified check), the quantities of each item, the cost of each of them and the total amount of all items to be bonded together with a recommended time schedule within which the improvements shall be installed before other permits issue; or

2. A letter from the Township Engineer stating that the required improvements have been installed to his satisfaction and in accordance with applicable Township specifications, and that the performance guarantee is adequate to cover the cost of remaining improvements; and

3. A certification from the applicant's engineer stating that the final plat conforms to the preliminary plat as submitted and approved. The developer shall be liable for additional costs or fees incurred by the Township where such certification is not correct.

f. Time Limitation. Final approval shall be granted or denied within 45 days after submission of a completed application or within such further time as may be consented to by the applicant. Failure of the Land Use Board to act within the period prescribed shall constitute final approval and a certificate of the Secretary of the Land Use Board as to the failure of the Land Use Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Recording Officer for purposes of filing final subdivision or site plan plat.

Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Land Use Board may, for good cause shown, extend the period for an additional period not to exceed 190 days from the date of signing of the plat.

Whenever review or approval of the application by the County Planning Board is required, the Township Land Use Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

g. Distribution of Copies. After final approval, one translucent tracing and one cloth print or equivalent shall be filed with the Township Clerk and the County Clerk. The original tracing and one cloth print shall be returned to the applicant. Copies of the final filed plat shall also be filed with the Land Use Board and with the following:

1. Township Clerk

2. Building Subcode Official

3. Tax Assessor

4. County Planning Board

h. Filing. Within 95 days of final approval, the final plat shall be filed by the applicant with the County Recording Officer in accordance with the provisions of C. 40:55D-54. For good and sufficient reasons, the Land Use Board may extend the time for filing for an additional period not to exceed 190 days from the date of signing of the plat.

i. No plat shall be offered for filing to the County Recording Officer unless it has been duly approved by the Township Land Use Board and signed by the Chairman and Secretary and signed and sealed by the Township Engineer and Township Clerk. Plats shall then be signed and sealed by the County Planning Board.

§ 12-5.6 Submission of Minor Site Plan Plat.

[Ord. No. 2011-08, § 1]

a. Prior to the issuance of a permit for a minor site plan development, and as a condition for the issuance of any such permit for development, a site plan shall be submitted to the Land Use Board for its review and approval.

b. Any approvals given pursuant to this subsection shall be conditioned upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

c. Any owner of land within the Township who needs site plan review shall file with the Land Use Board Secretary 14 copies of the plat, application forms and other required information in accordance with the requirements of this chapter and the Land Use Procedures Chapter, Chapter 14, of the Township accompanied by the fees as specified in that chapter. Such submission shall be made at least 21 days prior to any Land Use Board meeting at which time the application will be considered. If the applicant is not the record owner of the title to the property being reviewed, he shall file a written consent signed by the owner consenting to the making of the application and agreeing to be bound by the Land Use Board decision.

d. If the Land Use Board finds that the application for development is incomplete, the developer shall be notified in writing of the application deficiencies within 45 days of submission of such application or the application shall be deemed complete.

e. The developer shall file an application with the County Planning Board. The County Planning Board shall have 30 days to review and respond. In the absence of a response within 30 days, the County Planning Board shall be deemed to have approved the plat.

f. Following approval and before construction begins, the developer shall pay the Township for all projected inspection services by the Township Engineer at the rate of 5% of the total cost of improvements as estimated by the Township Engineer. If a dispute arises as to the reasonableness of the fees required, the Land Use Board shall fix the same after a hearing. Any unexpended portion of the inspection fees shall be returned to the developer. The developer shall pay to the Township, from time to time, an escrow amount for these inspection fees which exceed the 5%. No approvals shall be granted to any application where there is a deficiency in the escrow account.

g. The applicant shall notify all persons entitled to notice of the hearing on the application in accordance with the provision of the Land Use Procedures Chapter of the Township and N.J.S.A. 40:55D-12. If the Land Use Board requires any substantial amendment to the application or to the improvements to be installed by the developer that have already been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development including the giving of notice in accordance with the provisions of N.J.S.A. 40:55D-12.

h. Copies of the preliminary plat shall be forwarded by the Secretary of the Land Use Board prior to the hearing to the Land Use Board Engineer and such other municipal, County or State officials or consultants as directed by the Land Use Board.

i. If the plat lies within 200 feet of another municipal boundary, a copy of the plat shall be sent to the adjoining municipality.

j. Upon receipt of a completed application, the Land Use Board shall grant or deny approval within 45 days for a minor site plan. Such time can be extended upon written consent of the applicant. Failure of the Land Use Board to obtain an extension of time or to act within the above periods of time shall constitute an approval of the site plan.

k. Approval of any application shall be conditioned on certification by the Sussex County Soil Conservation District of the plan for soil erosion and sediment control pursuant to the provisions of the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.

l. If the Land Use Board acts favorably on a plat, the Chair and Secretary of the Land Use Board shall affix their signatures to the plat.

m. Notice of the action taken by the Land Use Board shall be forwarded to the Township Clerk, to the applicant or his attorney, and to the official newspaper within 10 days of the decision.

§ 12-6 PLAT DETAILS.

§ 12-6.1 Minor Subdivision Plat.

[Ord. 9/7/93 § 12-6.1; Ord. 6/7/95; Ord. No. 2013-03 § 2]

The minor subdivision plat shall be at a scale not less than one inch equals 100 feet, prepared and certified to by a licensed surveyor and complying with all other requirements of the "Map Filing Law" P.L. 1960 C. H1 (C. 40:23-9.9 et seq.) to enable the entire tract of which the subdivision is a part to be shown on one sheet, in one of four sizes, namely eight and one-half (8-1/2) inches by 13 inches, 15 inches by 21 inches, 24 inches by 36 inches or 30 inches by 42 inches which shows or includes the following information:

a. A key map showing the entire tract and its relation to the surrounding areas shall be not less than one inch equals two thousand (1" = 2,000') feet.

b. The tax map sheet, block, and lot number, date reference, north arrow, graphic scale and the following names and addresses:

1. Record owner or owners.

2. Developer.

3. Person who prepared the plat.

c. The names of all adjoining property owners as shown on the most recent Township tax records.

d. Acreage of the entire tract to the nearest 0.01 acre, and the area of each proposed lot to the nearest 0.01 acre and to the nearest square foot. Lot areas shall be calculated exclusive of rights-of-way.

e. Bearing of all property lines, existing and proposed, to the nearest second and distances of all property lines to the nearest 0.01 foot.

f. The land use zone or zones as shown in the Township Zoning Ordinance and any other zones within 200 feet of the property.

g. Any easements, rights-of-way, or other interests, existing, or proposed.

h. Location of all existing structures and the distances of the structures from the existing property lines and from any new lines sought to be established.

i. Locations of all buildings, roads, road rights-of-way, drains, and drainage structures within 200 feet of portion to be developed.

j. The location and dimensions of all drainage facilities, existing and proposed, including all pipes, inlets, manholes, outlets, connections, dry wells and retention basins. Supporting calculations shall be included.

k. Name of street and width of right-of-way on which the property fronts.

l. The location of all streams, lakes, ponds, wooded areas and rock outcroppings.

m. The locations of all areas having slopes of between fifteen (15) and twenty-four and nine-tenths (24.9%) percent and all areas having slopes of 25% or greater.

n. The location and limits of the 100-year floodplain or New Jersey Flood Hazard Area Flood Limits as defined by New Jersey Statutes of any river, stream, drainageway or ponding area within or adjacent to the portion to be developed and the supporting calculations thereof.

o. The location and limits of the 100-year floodway limits or encroachment lines as defined by New Jersey Statutes of any river or stream within or adjacent to the portion to be developed and the supporting calculations thereof.

p. The locations of all freshwater wetlands and transition areas and supporting documentation including, if available, a copy of a "Letter of Interpretation" (LOI) from NJDEP including the "resource value" classification of the wetlands. Obtaining LOIs from NJDEP prior to submission of applications is recommended.

q. Topographic data, if deemed necessary, in order to make an informed decision regarding the proposed development plan.

r. Primary and reserve sewage disposal areas with Sussex County Health Department soil logs shall be provided on each new lot and remainder. Documentation shall be provided by the applicant's engineer certifying that both the primary and reserve areas are suitable for construction of an individual sewage disposal system in accordance with N.J.A.C. 7:9A.

s. Certification from the Tax Collector that all taxes are paid to date.

t. Certification from the Municipal Clerk that all assessments are paid to date.

u. Letter from Land Use Board Secretary indicating that initial escrow account deposits required for review services by the Township's professional consultants have been made.

§ 12-6.2 Preliminary Plat for Major Subdivision and Site Plan.

[Ord. 9/7/93 § 12-6.2; Ord. No. 2013-03 § 3]

The preliminary plat shall be at a scale not less than one inch equals 50 feet nor greater than one inch equals 20 feet, prepared and certified to by a civil engineer or land surveyor and complying with all other requirements of the "Map Filing Law" P.L. 1960 C. H1 (C. 40:23-9.9 et seq.) to enable the entire tract of which the development is a part to be shown on one sheet, in one of four sizes, namely eight and one-half (8-1/2) inches by 13 inches, 15 inches by 21 inches, 24 inches by 36 inches, or 30 inches by 42 inches, which shows or includes the following information:

a. All of the information required for a minor subdivision plat.

b. Contours, both existing and proposed at two foot intervals; except on slopes greater than 25% where contour intervals of five feet will be accepted.

c. The location and dimensions of all drainage facilities, existing and proposed, including all pipes, inlets, manholes, outlets, connections, dry wells and retention basins. Supporting calculations shall be included.

d. Center line profiles of all proposed streets including:

1. Existing and proposed grades at 50 foot intervals;

2. Existing and proposed storm drainage;

3. Vertical curve data.

e. Cross sections of proposed streets at 50 foot intervals showing:

1. Existing ground

2. Proposed grade at center line

3. Topsoil depth

4. Side slopes

5. Earth berm

6. Cut, fill, and topsoiling quantities

7. Drainage facilities

8. Depth of base and pavement

9. Guard rails

f. Site profiles at all proposed intersections, conforming to the specifications contained in the latest edition of the American Association of State Highway Officials book entitled "A Policy on Geometric Design of Rural Highways."

g. Profiles around all returns to include the following:

1. Existing grades to the nearest 0.1 foot at 10 foot intervals

2. Proposed grades to the nearest 0.01 foot at 10 foot intervals

3. Proposed and existing drainage

h. Toes and tops of slopes shall be shown on the preliminary plat on both sides of all proposed streets.

i. Soils data from the "Soil Survey of Sussex County, New Jersey" published by the USDA Soil Conservation Service, including soil series, suitability for septic effluent disposal, depth of bedrock, and depth to seasonal high water table.

j. Geologic data contained in Bulletin 73 of the N.J. Bureau of Geology and Topography, dated January 1974, including rock formation type, faults, and wells within 1,000 feet of the proposed subdivision to show depth, yield, year drilled, static water level, pumping level, depth to bedrock and rock formations.

k. A copy of any protective covenants or deed restrictions applying to the land to be subdivided.

l. Lands to be reserved for common use or dedicated for public use, and the proposed use of sites other than residential.

m. A primary and reserve sewage disposal area with Sussex County Health Department soil logs within each area shall be provided along with a certification by the applicant's engineer that both the primary and reserve areas are suitable for the construction of an individual sewage disposal system in accordance with N.J.A.C. 7:9A (for subdivision only).

n. The proposed sequence of development.

o. Soil erosion and sediment control plan.

p. Details of proposed devices and measures for stormwater management and control.

q. Environmental impact statement prepared in accordance with the requirements specified in Appendix B.[1]

[1] Editor's Note: Appendix B, referred to herein, is included as an attachment to this chapter.

r. Indicate all means of vehicular ingress and egress to and from the site onto public streets showing the size and location of driveways, curb cuts and curbing, sight lines, and radii.

s. Show location and design of off-street parking areas, showing their size and the locating of internal circulation traffic patterns, parking space, aisles, driveways, curbing, barriers and wearing surface finishes and construction, all of which shall conform to the requirements of Chapter 13, Zoning.

t. Show location, arrangement and dimensions of truck loading and unloading platforms and docks.

u. Indicate provisions for refuse and garbage disposal. Insure that areas are not exposed to view, are non-polluting, covered from weather and are secure from vandalism.

v. Show provisions for screening storage of equipment, attached or separate from buildings.

w. Indicate all existing or proposed exterior lighting (freestanding and/or on buildings) for size, nature of construction, heights, area and direction of illumination, foot candles produced, as well as time controls proposed for outdoor lighting and display.

x. Note all existing and proposed signs and their sizes; nature of construction and location, height and orientation, including all identification signs, traffic directional signs and arrows, free-standing and facade signs and time control for sign lighting, if any.

y. Indicate locations, dimensions and construction of off-site sidewalks, on-site exits, walks and sidewalks. Provision should be made for pedestrian safety, access ways and, where necessary, a bicycle system and racking.

z. Show proposed screening, green areas, landscaping and fencing, including a planting plan and schedule (sizes, types, number).

aa. Show improvements to adjoining streets and roads, and traffic control devices necessary in streets or highways. Acceleration and deceleration lanes, paving, land dedication or acquisition for roads shall be shown.

bb. Copies of any covenants and deed restrictions intended to cover any of the development site shall be submitted.

cc. Submit elevations, sketches, renderings, or pictures of any new buildings or structures.

dd. Preliminary architectural plans and elevations should be submitted, with the name, address, professional number and seal of the architect.

ee. Supply appropriate places for signatures and date of approval of the Chairman and Secretary of the municipal agency and the Municipal Engineer.

ff. In fire prevention, consideration must be shown for service lines, hydrants, Siamese connections, automatic sprinkler systems, fire zones, "no parking" fire zones and pavement and wall signs.

gg. Residential cluster details:

1. Amount of common open space to be provided.

2. Location of common open space to be provided.

3. Location of any common facilities to be provided.

4. Description of any common facilities to be provided.

5. Description of organization to be established for the ownership of any common open space.

6. Description of organization to be established for the ownership of any common facilities.

hh. Any change from approved plan shall require resubmission and reapproval.

ii. All property owners within 200 feet of the subject premises shall be shown.

§ 12-6.2.1 Golf Course Site Plan.

[Ord. 5/16/00 § 1]

a. Golf Course Submission Requirements. In addition to the requirements in Subsection 12-6.2, the following are required to be submitted for preliminary or preliminary and final approval of a golf course facility:

The applicant for a golf course use shall provide the following material for the golf course for the purposes of receiving preliminary and final site plan approval in order to be allowed to construct a golf course in stages. Any proposed buildings, conditional uses, parking areas, drainage basins, dams and outfall structures shall conform to the submission requirements of Township of Lafayette Ordinance. The balance of the non-course elements, the Club House and other facilities shall conform to site plan requirements. Nothing herein shall limit the Land Use Board's right to request additional information deemed necessary to take action upon the application.

1. Survey of the entire tract with that portion to be occupied by the golf course or facility clearly delineated.

2. Existing topography of the site at least at five foot contours for the golf course part of the facility along with the natural features of the site such as tree lines, stonewalls, open fields, drainage and existing structures. Base map with drainage, geology, ground water quality and quantity overlays from available sources.

3. A delineation of the wetland on the property of NJDEP with the buffer and proposed permit activities shown or a letter of absence of wetlands from NJDEP including streams, ponds and proposed buffers.

4. A conceptual layout of the golf course including proposed building and parking locations.

5. The location and extent of clearing proposed on the site. This limit of clearing shall be flagged in the field for the purpose of inspection.

6. A soil conservation plan meeting the requirements of the Sussex County Soil Conservation District.

7. A list of other agency approvals and permits required.

8. An environmental impact statement meeting the requirements of the Lafayette Township Zoning Ordinance.

9. An integrated pest and turf management plan.

10. A groundwater/surfacewater monitoring plan including base line testing.

11. An irrigation system plan.

12. A wildlife management plan.

13. A stormwater management plan.

b. Golf Course Design Standards.

1. Buildings and Structures. All structures shall be designed to be architecturally compatible with each other and shall be in keeping with the historic rural character of Lafayette Township which structures shall be reviewed and approved by the Land Use Board. No unfinished building facades shall be allowed. All heating ventilation and air conditioning equipment shall be concealed from public view on all sides of any structure. Such equipment shall be acoustically screened to comply with all applicable Federal, State and local noise level standards.

All guide rails shall be of wood construction.

2. Design of Golf Courses.

(a) Disturbance of wooded areas shall be minimized and limited predominantly to areas of play and areas of disturbances necessary for sunlight exposure, air circulation and turf maintenance.

(b) Golf holes shall be designed to direct play away from houses and roadways exteriors to the facility.

3. Landscaping.

(a) Existing vegetation shall be preserved in areas where disturbance is not necessary.

(b) Where landscaping is proposed, native species shall be included in the design.

(c) Where structures are located in woodlands, a treed area of at least 30 feet between structures and municipal roads shall be maintained.

4. Lighting. The intensity of lighting shall be adjusted to preclude night glow. Exterior lighting shall be of a concealed source type.

§ 12-6.3 Submission of Final Subdivision or Site Plan Documents.

[Ord. 9/7/93, § 12-6.3]

a. A final development plan and supporting drawings and documentation constitute the complete development of the subdivision or site plan proposal and becomes the basis for the construction of the plan and inspection by the Township.

b. The final development plan shall be submitted in accordance with the requirements of the Land Use Procedures Ordinance[1] of the Township.

[1] Editor's Note: The Land Use Procedures Ordinance is codified as Chapter 14 of these Revised General Ordinances.

c. The development plan and any engineering or architectural documents required shall be in final form and accurate for final approval and construction.

d. The developer may, at his option, submit a final development plan in stages to include only a portion of the original preliminary subdivision or site plan. Approval of the final subdivision or site plan for a section shall not extend the time limit of preliminary approval for the remaining sections.

The municipal agency shall insure that any improvements required for the development plan as a whole, which might have an adverse effect on an approved section if the remaining sections were not completed, shall be installed as a condition of approval for any section. This shall include, but not be limited to, open space, recreation, soil and erosion control and similar improvements.

e. The final plat shall be drawn in ink on tracing cloth at a scale not less than one inch equals 100 feet, shall comply with all provisions of Chapter 358 of the Laws of 1953, and shall show or be accompanied by the following information:

1. All easement lines and all wetland or buffer boundaries as approved by N.J.D.E.P.

2. The bearing of all lot lines and right-of-way lines to the nearest second, the distances of all such lines to the nearest 0.01 foot, and other survey information as needed to completely and accurately describe all boundaries.

3. The purpose of any easement of land reserved for common use or dedicated to public use shall be designated, including lots restricted due to the use of the lot averaging and clustering, and the proposed use of sites other than residential shall be noted.

4. Each block shall be numbered. The lots within each block shall be numbered consecutively beginning with the number one with all lot and block numbers to be assigned by the Tax Assessor.

5. Minimum front, side and rear setback lines on all lots. The building envelope for each lot shall be shown. This may be the same as the minimum front, side and rear setback lines but shall be modified to exclude easements and wetland buffers.

6. Location and description of all monuments.

7. Names of owners of adjacent properties and the block and lot designation of those properties shall be shown.

8. Final plats shall be prepared by a licensed land surveyor. A licensed architect and/or engineer shall submit as-built drawings of all buildings, structures, drainage and sanitary sewers, road profiles and cross sections to the Township Engineer and/or Construction Official.

9. Certification of any approvals as may be required by other units of government or agencies thereof.

10. As built cross sections and profiles of streets.

11. As built plans and profiles of storm and sanitary sewers and water mains.

12. Letter containing a list of all items to be covered by a performance guaranty.

13. Engineer's estimate of quantities of each item to be covered by a performance guaranty.

14. Engineer's estimate of cost of each item utilizing prevailing unit prices common to the area.

15. Total amount of all above items.

16. Letter from Township Engineer stating the required improvements have been:

(a) Installed in accordance with applicable Township specifications.

(b) Performance guaranty is adequate to cover cost of remaining improvements.

17. Letter from applicant's engineer stating final plat conforms to preliminary plat, as submitted and approved.

18. Residential Cluster Details:

(a) Amount of common open space to be provided.

(b) Location of common open space to be provided.

(c) Location of any common facilities to be provided.

(d) Description of any common facilities to be provided.

(e) Description of organization to be established for the ownership of any common open space.

(f) Description of organization to be established for the ownership of any common facilities.

(g) Submission of master deed and condominium association documents.

19. Deviations from preliminary plat, if any:

(a) Final plat shall conform to preliminary plat as approved by Planning Board.

(b) Any mayor change from approved preliminary plan shall require resubmission and reapproval of that preliminary plan.

§ 12-6.4 Effect of Final Approval.

[Ord. 9/7/93, § 12-6.4]

Final approval of a development plan shall confer upon the applicant the following rights for a two year period after the date of final approval:

a. The zoning requirements applicable to the preliminary approval first granted;

b. All other rights conferred upon the developer pursuant to preliminary approval whether conditional or otherwise shall not be changed;

c. The municipal agency may extend such period of protection for good cause by extensions of one year but not to exceed three extensions;

d. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for the section granted final approval;

e. In the case of a development plan for 150 acres or more, the municipal agency may grant extensions of time longer than two years as shall be determined by the municipal agency to be reasonable, taking into consideration the size and magnitude of the project, nonresidential floor area permissible, economic conditions and the comprehensiveness of the development, among others.

f. Final development plan details are primarily a refinement of the preliminary details by providing final engineering and architectural information which will be classified as site plan construction details.

§ 12-6.5 Minor Site Plan Plat.

[Ord. No. 2011-08, § 2]

The minor site plan plat shall be at a scale not less than one inch equals 100 feet, prepared and certified to by a licensed surveyor and complying with all other requirements of the "Map Filing Law," N.J.S.A. 46:23-9.9 et seq., to enable the entire tract of which the minor site plan is a part to be shown on one sheet, in one of three sizes, namely, 15 inches by 21 inches, 24 inches by 36 inches or 30 inches by 42 inches which shows or includes the following information:

a. A key map showing the entire tract and its relation to the surrounding areas shall be not less than one inch equals two thousand (1" = 2,000") feet.

b. The tax map sheet, block, and lot number, date reference, north arrow, graphic scale and the following names and addresses:

1. Record owner or owners.

2. Developer.

3. Person who prepared the plat.

c. The names of all adjoining property owners within 200 feet in all directions from the subject property, as shown on the most recent Township tax records.

d. Acreage of the entire tract to the nearest 0.01 acre, and to the nearest square foot. Lot areas shall be calculated exclusive of rights-of-way.

e. Bearing of all property lines to the nearest second and distances of all property lines to the nearest 0.01 foot.

f. The land use zone or zones as shown in the Township Zoning Ordinance (Chapter 13) and any other zones within 200 feet of the property.

g. Any easements, rights-of-way, or other interests, existing, or proposed.

h. Location of all existing structures and the distances of the structures from the existing property lines.

i. Locations of all buildings, roads, road rights-of-way, drains, and drainage structures within 200 feet of portion to be developed.

j. The location and dimensions on site and within 200 feet of the property lines of all drainage facilities, existing and proposed, including all pipes, inlets, manholes, outlets, connections, dry wells, detention basins and retention basins. Supporting calculations shall be included.

k. Name of street and width of right-of-way on which the property fronts.

l. The location on site and within 200 feet of the properly lines of all streams, lakes, ponds, wooded areas and rock outcroppings.

m. The locations of all areas having slopes of between 15 and 24.9% and all areas having slopes of 25% or greater.

n. The location and limits of the 100-year floodplain or New Jersey Flood Hazard Area Flood Limits (as defined by Title 58 of New Jersey Statutes and Chapter 7 of the New Jersey Administrative Code, as may be amended), of any river, stream, drainageway or ponding area within or adjacent to the portion to be developed and the supporting calculations thereof.

o. The location and limits of the 100-year floodway limits or encroachment lines (as defined by Title 58 of New Jersey Statutes and Chapter 7 of the New Jersey Administrative Code, as may be amended) of any river or stream within or adjacent to the portion to be developed and the supporting calculations thereof.

p. The locations of all freshwater wetlands and transition areas and supporting documentation including, if applicable, a copy of a "Letter of Interpretation" (LOI) from NJDEP including the "resource value" classification of the wetlands. Obtaining LOIs from NJDEP prior to submission of applications is recommended.

q. Topographic data, if deemed necessary, in order to make an informed decision regarding the proposed development plan.

r. Certification from the Tax Collector that all taxes are paid to date.

s. Certification from the Municipal Clerk that all assessments are paid to date.

t. Letter from Land Use Board Secretary indicating that initial escrow account deposits required for review services by the Township's professional consultants have been made.

§ 12-7 IMPROVEMENTS.

§ 12-7.1 Requirements.

[Ord. 9/7/93, § 12-7.1]

Prior to the granting of final approval, the applicant shall have installed or shall have furnished performance guarantees in accordance with the provisions of this chapter for the ultimate installation of the following improvements. The development shall conform to the proposals and conditions shown on any adopted official map or master plan of the Township.

a. Streets.

b. Street signs.

c. Curbs and/or gutters.

d. Sidewalks.

e. Street lighting.

f. Shade trees to be located within street right-of-way lines or as to not interfere with sidewalks, driveways, or utilities.

g. Topsoil Protection. No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting on slopes of less than 12% as shown on the final grading plan, and shall be stabilized by sodding on slopes of 12% or over as shown on the final grading plan.

h. Monuments. To be the size and shape required by Section 4 of Chapter 358 of the Laws of 1953, and shall be placed in accordance with the statute.

i. Water mains, culverts, storm sewers and sanitary sewers. All such installations shall be properly connected with an approved system and shall be adequate to handle all present and probable future development.

All of the above listed improvements shall be subject to inspection and approval by the Township Engineer who shall be notified by the developer at least seven days prior to the start of construction. No underground installation shall be covered until inspected and approved.

§ 12-7.2 Improvement Standards.

[Ord. 9/7/93 § 12-7.2; Ord. No. 2007-16 § 1; Ord. No. 2013-02 § 1; Ord. No. 2013-03 § 1]

The development shall conform to standards that will result in a well-planned community, protect the health and safety of the residents, and provide a desirable living environment. The following improvements shall be required:

a. Streets.

1. General.

(a) The arrangement of streets shall conform to the circulation plan of the master plan or official map for the community.

(b) For streets not shown on the Master Plan or official map, the arrangement shall provide for the appropriate extension of existing street.

(c) Streets shall be arranged so as to discourage through traffic and provide for maximum privacy while at the same time promoting the interconnection and potential for interconnection of individual developments with neighboring developments and potential neighboring developments.

(d) Nonresidential developments abutting an existing main street shall provide a marginal service road or reverse frontage with a buffer strip for planting, or some other means of separation of through and local traffic as the Planning Board may determine appropriate. Residential major subdivisions abutting an existing main street shall not provide individual lots with direct access on to that main street.

(e) No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the Township Committee under conditions approved by the Planning Board.

(f) The owners of subdivisions that adjoin or include existing streets that do not conform to widths as shown on the master plan or official map of the Township, or the street width requirements of this chapter, shall dedicate by deed additional width along either one or both sides of the road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated. The dedication shall be evidenced by a deed to be executed by the developer to the Township, approved by the Township Attorney as to form.

(g) Dead-end streets (culs-de-sac) shall not be longer than 1,000 feet nor shall said streets serve more than 12 residential units. The intent of this regulation is to (i) limit the number of homes that would be placed on any street having only one point of ingress and egress for public safety purposes, (ii) to discourage inefficient development patterns, (iii) to encourage interconnection with adjacent developments. A turn around at the end of the cul-de-sac with a radius of not less than 50 feet and tangent whenever possible to the right side of the street, shall be provided.

If a dead-end street is of a temporary nature, a similar turn around shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.

(h) Any streets or roads created in a subdivision or shown on any map must comply with the provisions providing standards for road acceptance by the Township before final approval of a development can be given.

(i) No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.

2. Street Hierarchy.

(a) Streets shall be classified in a street hierarchy system with design tailored to function.

(b) The street hierarchy system shall be defined by road function and average daily traffic (ADT), calculated by trip generation rates as indicated in Exhibit 1.[1] Trip generation rates from other sources may be used if the applicant demonstrates that these sources better reflect local conditions.

[1] Editor's Note: The exhibits referred to herein are included as attachments to this chapter.

(c) Each residential street shall be classified and designed for its entire length to meet the standards for one of the street types defined in Exhibit 2.[2]

[2] Editor's Note: The exhibits referred to herein are included as attachments to this chapter.

(d) The applicant shall demonstrate to the Planning Board's satisfaction that the distribution of traffic to the proposed street system will not exceed the ADT thresholds indicated in Exhibit 2[3] for any proposed street type.

[3] Editor's Note: The exhibits referred to herein are included as attachments to this chapter.

3. Cartway Width.

(a) Cartway width for each street classification shall be determined by requirements which are based on the type and intensity of development.

(b) The intensity of residential development in the R-5.0, R-4.0 and R-2.5 zones shall be considered to be "low" intensity.

(c) The intensity of development in all nonresidential zones shall be considered to be "high" intensity.

(d) Cartway width shall also consider possible limitations imposed by sight distances, climate, terrain, and maintenance needs.

(e) Cartway widths for each street classification are as shown in Exhibit 3.[4]

[4] Editor's Note: The exhibits referred to herein are included as attachments to this chapter.

4. Curbs and Gutters.

(a) Curbing shall not be required unless necessary for drainage, safety or aesthetic purposes. Where feasible and safe in the judgment of the Township or Land Use Board Engineer, curbing may be required.

[Amended 8-6-2019 by Ord. No. 2019-13]

(b) Where curbing is not required, some sort of edge definition, protection and stabilization shall be furnished for safety reasons and to prevent pavement unraveling. Curbing may be required: 1) at 10 feet on each side of drainage inlets, 2) at intersections and 3) at small radii.

[Amended 8-6-2019 by Ord. No. 2019-13]

(c) In nonresidential zones, flexibility regarding curb type shall be permitted as long as the curb type accommodates the system of drainage proposed. Asphalt curbs, however, are not permitted. In residential zones, granite block curbing is required.

(d) Curbs shall be constructed according to the specifications set forth in Appendix A. See Exhibit A-1.[5]

[5] Editor's Note: The exhibits referred to herein are included as attachments to this chapter.

(e) At selected locations, curbing shall be designed to provide a ramp for bicycles and or wheelchairs as required.

(f) Where curbs are required, driveway access within the street R.O.W. shall be constructed as part of the roadway improvements required so as to ensure that the driveway access shall be compatible with the street drainage design.

5. Shoulders.

(a) Shoulders and/or drainage swales shall be required instead of curbs when: 1) soil and/or topography make the use of shoulders and/or drainage swales preferable, and/or 2) it is in the best interest of the community to preserve its rural character by using shoulders and/or drainage swales instead of curbs.

(b) When shoulders and/or drainage swales are required instead of curbs, driveway access within the street R.O.W. to each lot in the subdivision shall be constructed as part of the roadway improvements required. Driveway access shall allow for the free passage of drainage flows over the paved driveway access or under the access via a culvert.

(c) Shoulders shall consist of stabilized turf.

6. Sidewalks.

(a) Sidewalks shall be required for all developments on all nonresidential streets and for all residential collector streets. Sidewalks are optional on residential subcollector streets and residential access streets.

(b) Where sidewalks are optional, they may be required if close to pedestrian generators, to continue a walk on an existing street, to link areas, or depending on probable future development as indicated in the Master Plan.

(c) In conventional developments, sidewalks, where required, shall be placed parallel to the street, within the street right-of-way, unless an exception has been permitted to preserve topographical or natural features, or to provide visual interest, or unless the applicant shows that an alternative pedestrian system provides safe and convenient circulation. In commercial and in high density residential areas, sidewalks may abut the curb.

(d) In cluster developments, sidewalks may be located away from the road system to link dwelling units with other dwelling units, the street, and on-site activity centers such as parking areas and recreational areas. They may also be required parallel to the street for safety and other reasons.

(e) Pedestrian way easements (10 feet wide) or other parcels of land may be required by the Planning Board through the center of blocks to provide circulation or access to schools, playgrounds, shopping, or other community facilities.

(f) Sidewalk width shall be four feet; wider widths may be necessary near pedestrian generators and employment centers. Where sidewalks abut the curb and cars overhang the sidewalk, widths shall be six feet at a minimum.

(g) Sidewalks shall be constructed according to the specifications set forth in Appendix A.[6]

[6] Editor's Note: The appendixes and exhibits referred to herein are included as attachments to this chapter.

7. Utility and Shade Tree Areas.

(a) Utilities and shade trees shall generally be located within the right-of-way on both sides of and parallel to the street. An alternative placement for shade trees is outside of the public right-of-way, but within a protective easement.

(b) Utility and shade tree areas shall be planted with grass, ground cover, or treated with other suitable cover material. Shade tree areas may be incorporated into drainage swales located within the street R.O.W. as long as water tolerant species are utilized.

8. Right-of-Way.

(a) The right-of-way shall be measured from lot line to lot line and shall be sufficiently wide to contain the cartway, curbs, shoulders, sidewalks, graded areas, utilities and shade trees. Right-of-way requirements are shown in Exhibit 4.

(b) The right-of-way width of a new street that is a continuation of an existing street shall in no case be continued at a width less than the existing street.

(c) The right-of-way shall reflect future development as indicated by the Master Plan.

(d) Where larger rights-of-way than those specified in Exhibit 4[7] are required in order to accommodate drainage swales, those increased rights-of-way shall be provided as per the direction of the Township Engineer.

[7] Editor's Note: Appendix A and Exhibit 4, referred to herein, are included as attachments to this chapter.

9. Street Grade and Intersections.

(a) Street grade and intersection design shall be constructed according to the specifications set forth in Appendix A.[8]

[8] Editor's Note: Appendix A and Exhibit 4, referred to herein, are included as attachments to this chapter.

10. Pavement.

(a) The subdivider shall construct street and pavements meeting the standards and specifications set forth in this chapter or to such higher specifications as may be required by the Township Engineer to provide pavements of a life design of 20 years.

(b) Street pavement thickness shall vary by street hierarchy, subgrade properties, and pavement type.

(c) Pavement design for residential access street, subcollectors, and collectors, shall conform to the specifications shown in Appendix A.[9] Pavement design for other streets shall be as required by the Township Engineer.

[9] Editor's Note: Appendix A is included as an attachment to this chapter.

(d) The final top surface of all street pavements shall not be applied until all other improvements have been installed and approved by the Township Engineer.

11. Street Lighting.

(a) Lighting shall be provided in the VC-Village Commercial, HC-Highway Commercial, LI-Light Industry, EI-Extractive Industry, P-Public, GOZ-Gateway Overlay Zone, GC-Golf Course and GCD-Gateway Commercial Districts in accordance with a plan designed by a utility company, or using as a guideline the standards set forth by the current version of the IES Lighting Handbook.

(b) Lighting for safety shall be provided at intersections and along walkways.

(c) Spacing of standards shall be equal to approximately four times the height of the standard.

(d) The maximum height of standards shall not exceed 18 feet measured from grade to the highest point of the structure.

(e) The height and shielding of lighting standards shall provide proper lighting without hazard to drivers or nuisance to residents, and the design of lighting standards shall be of a type appropriate to the development and the municipality. Concealed light sources shall be utilized for the purpose of minimizing night glow.

(f) Spotlights, if used, shall be placed on standards pointing toward the buildings and positioned so as not to blind the residents, rather than on the buildings and directed outward which creates dark shadows adjacent to the buildings. Spotlights shall, also, be designed as concealed light sources.

(g) Any lighting in connection with off-street parking and sidewalks shall be so arranged and shielded as to reflect the light downward away from adjoining streets or properties. A proposed plan showing light intensity patterns may be required by the Board in order to evaluate the effectiveness of the proposed lighting.

(h) Luminaires used for lighting an outdoor area, item or facility shall be selected and installed in such a manner that light emitted by the luminaire, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is designed to be projected below the horizontal plane through the luminaire's lowest light-emitting part. Commercially these types of luminaires are commonly known as "full cut-off" or "fully shielded" luminaires.

Luminaires used in the VC-Village Commercial, HC-Highway Commercial, LI-Light Industry, EI-Extractive Industry, P-Public, GOZ-Gateway Overlay Zone, GC-Golf Course and GCD-Gateway Commercial Districts shall also be selected and positioned so that they are in compliance with the standards set forth in the current version of the IES Lighting Handbook.

12. Underground Wiring.

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

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

(c) Where overhead lines are permitted as the exception, the placement and alignment of poles shall be designed to lessen the visual impact of overhead lines as follows: Alignments and pole locations shall be carefully routed to avoid locations along horizons; clearing swaths through treed areas shall be avoided by selective cutting and a staggered alignment; trees shall be planted in open areas and at key locations to minimize the view of the poles and the alignments; and alignments shall follow rear lot lines and other alignments.

13. Signs.

(a) Design and placement of traffic signs shall follow the requirements specified in the current edition of Manual on Uniform Traffic Control Devices for Streets and Highways, published by the U.S. Department of Transportation and adopted by the New Jersey Department of Transportation.

(b) At least two street name signs shall be placed at each four way street intersection and one at each "T" intersection. Signs shall be installed under light standards in nonresidential zones and free of visual obstruction. The design of street name signs should be consistent, of a style appropriate to the community, of a uniform size and color, and erected in accordance with local standards.

(c) All signs shall be designed in accordance with the sign standards found in Chapter 13, Zoning.

b. Off-Street Parking.

1. Number of Spaces.

(a) An adequate number of off-street parking spaces shall be required in all developments to accommodate residents and visitors.

(b) For all developments, off-street parking shall be provided as set forth in the Zoning Ordinance for the Township of Lafayette.

(c) Where the total number of off-street parking spaces required may not be immediately required for a particular use, a staged development plan may be permitted which requires that only a portion of the parking area, but not less than 65% of the required spaces be completed initially, subject to the following regulations:

(1) The site plan shall clearly indicate both that portion of the parking area to be initially paved and the total parking needed to provide the number of spaces required.

(2) The site plan shall provide for adequate drainage of both the partial and total parking areas.

(3) The portion of the parking area not to be paved initially shall be landscaped.

(4) The applicant shall post separate performance guarantees, in addition to the performance guarantees required which shall reflect the cost of installing the additional parking facilities necessary to provide the total number of parking spaces required.

(5) In lieu of a permanent certificate of occupancy, a conditional certificate of occupancy shall be issued for a period of two years. Prior to the expiration of the two year period, the applicant may either install the additional parking shown on the site plan and apply for issuance of a permanent certificate of occupancy or apply to the Planning Board after the use has been in operation for a minimum of 18 months for a determination as to whether or not the initial parking area provided is adequate. If the Planning Board determines that the parking facility is adequate as originally constructed, the performance guarantees shall be released and a permanent certificate of occupancy issued. If, however, the Planning Board determines that the partial off-street parking area is not adequate, the applicant shall be required to install the additional parking facilities in accordance with the terms of the performance guarantees prior to issuance of a permanent certificate of occupancy.

(6) Any change of use on a site for which the Planning Board may have approved a partial paving of off-street parking areas to a use which requires more parking spaces than are provided on the site shall require review by the Planning Board to determine whether or not a new site plan application is required.

(d) Any building containing more than one use shall meet the combined parking space requirements for all uses in the building. Any change in use within a building shall be required to meet the minimum parking requirements for the new use.

(e) The Planning Board or Zoning Board of Adjustment may approve shared parking areas if the required parking specified in Chapter 13, Zoning, is not necessary because of different proposed parking lot use schedules and it does not conflict with the purpose section of this chapter.

(f) If it can be clearly demonstrated that because of the peculiar nature of any use all of the required parking is not necessary, the Planning Board or Zoning Board of Adjustment may permit a reduction in the amount of parking area to be paved provided, however, that the entire required parking area shall be shown on the site plan so that it will be available in the event future conditions should so require.

(g) All parking and loading spaces shall be appropriately marked with painted lines.

2. Size of Spaces. Each off-street parking space shall measure nine feet in width by 18 feet in length. Parking spaces for the physically handicapped shall be 12 feet wide.

3. Parking Areas.

(a) Off-street parking areas shall be oriented to and within a reasonable walking distance of the buildings they are designed to serve (a maximum of 1,000 feet for employee parking; five hundred to eight hundred (500—800) feet for shoppers; 250 feet for non-elderly residents; 150 feet for elderly residents; and 300 feet for guests).

(b) Access to parking areas shall be designed so as not to obstruct free flow of traffic. There shall be adequate provision for ingress to and egress from all parking spaces to ensure ease of mobility, ample clearance, and safety of vehicles and pedestrians.

(c) The width of all aisles providing direct access to individual parking stalls shall be in accordance with the requirements specified below. Only one-way traffic shall be permitted in aisles serving single-row parking spaces placed at an angle other than 90 degrees.

Parking Angle (degrees)	Aisle Width (feet)
30	12
45	13
60	18
90	24

(d) Where sidewalks occur in parking areas, parked vehicles shall not overhang or extend over the curb unless a minimum of two feet are provided between the curb and the sidewalk.

(e) Parking areas shall be suitably landscaped to minimize noise, glare and other nuisance characteristics as well as to enhance the environment and ecology of the site and surrounding area. Large parking lots shall be broken down into sections according to type and size of development (size of sections to be determined by the Planning Board), separated from other sections by landscaped dividing strips, berms, and similar elements.

(f) Where feasible, parking for all nonresidential uses shall be placed to the rear of the building.

(g) Off-street parking areas shall be used solely for parking of vehicles. No commercial repair work or service of any kind shall be conducted on the parking lot nor shall such lots be used for the parking of disabled, dismantled, inoperable or unregistered vehicles.

(h) No signs other than "entrance", "exit", or conditions of use signs shall be provided. Permitted signs shall not exceed one square foot for each face.

4. Off-Street Loading Spaces.

(a) In all zones for every building or use requiring the receipt or distribution in vehicles of materials or merchandise there shall be provided on the same property with such building or use off-street loading spaces in relation to floor area as follows:

Floor Area in Square Feet	Number of Spaces
9,999 or less	1
10,000 to 19,999	2
20,000 to 49,999	3
50,000 to 100,000	4
Each additional 100,000 or part thereof	1

(b) Each loading space shall be at least 12 feet in width, 30 feet in length and have a 14 foot clearance above grade, provided, however, that the Planning Board may require additional length of up to 55 feet depending on the length of vehicles using said area.

(c) Such space shall be located in the side or rear yard only, but in no case a side yard adjoining a street.

(d) All light sources shall be a concealed source. No pole heights shall exceed 15 feet for lighting purposes.

c. Grading, Land Disturbance and Existing Vegetation Disturbance.

1. All grading activities shall be such as to minimize the disturbance of the existing grades to the maximum extent practicable.

2. To the extent that grading activities are necessary, every effort shall be made both to minimize the extent to which cut and fills are necessary and to balance the amount of cut and fill on site. The purpose of this requirement is to minimize the on-site impacts as well as the off-tract impacts due to truck traffic required to bring fill material to a site or cut material from a site.

3. For residential developments, the maximum permitted disturbance shall be as specified in the Township's Zoning Ordinance for each zone.

4. The minimum requirements of Subsection 12-8.3d2, "Conservation/Agricultural Open Space Design Standards," of this chapter shall be met.

5. The Planning Board may require a land restoration bond where deemed necessary.

d. Water Supply.

1. Water Supply System.

(a) All developments shall be served by a water supply system adequate to serve the development's needs with respect to potable water supply and fire safety in perpetuity. Since Lafayette Township has no central public water supply, it is anticipated that in most cases, the potable water supply will be an individual well.

(b) Applicants for developments proposing to utilize on-site wells for public water supply shall provide the Planning Board with adequate evidence that adequate on-site water supply is available and that water meets all potable drinking water requirements. In most cases, one representative test well in each different geologic formation found on the property to be developed, will be required and pump tests performed to demonstrate adequate water supply for the proposed use. In addition, water samples shall be taken and analyzed as to all potable water supply standards to demonstrate acceptable water quality. In cases where the Township Engineer or Township Environmental Consultant determines that additional tests are necessary in order to reasonably demonstrate adequate water supply quantity and/or quality, the applicant shall perform those additional tests as specified by the Township Engineer or Township Environmental Consultant. Evidence of adequate water supply and acceptable water supply quality is required for each individual lot prior to the issuance of a certificate of occupancy.

(c) In the event that a public water supply system will be provided to the area to be subdivided within a six year period as indicated in the municipal water master plan, official map, or other official document, the Township may require installation of a capped system or "dry lines" (mains, only) within the road right-of-way; or alternatively, the Township may require a payment in lieu of the improvement.

(d) Any proposals for new public community water supplies or extensions to existing public community water supply systems exceeding $150,000 in construction costs must receive a permit from the Bureau of Safe Drinking Water in the New Jersey Department of Environmental Protection, prior to the construction and use of the water supply facilities.

(e) In the event that an existing public water supply system is available within the following distances, the development shall be connected to that system: 200 feet for one unit, 400 feet for two units, 600 feet for three units, 800 feet for four units, and 1,000 feet for five units to 15 unit developments. For developments of greater than 15 units which are within one mile from an existing public water system, adequate justification should be provided as to why they should not provide a connection to the existing public water supply system. For developments of greater than 15 units which are more than one mile from an existing system, the water supply strategy shall be determined on a case-by-case basis taking into consideration the density of the development, economic consideration, ground water availability and quality, and primary and secondary environmental impacts.

(f) In the event that connection is required to a public water supply system, all installations shall be properly connected with an approved and functioning public community water system, either regulated by the Board of Public Utilities or owned and operated by a municipality or its utility authority, prior to the issuance of a certificate of occupancy.

2. Capacity.

(a) The water supply system shall be adequate to handle the necessary flow based on complete development.

(b) The demand rates for all uses shall be considered in computing the total system demand. Where fire protection is provided, the system should be capable of providing the required fire demand plus the required domestic demand.

(c) Average daily residential consumption can be computed in accordance with the housing unit type and size data as shown in Exhibit 5.[10]

[10] Editor's Note: The exhibits referred to herein are included as attachments to this chapter.

(d) Nonresidential flows can be computed in accordance with the data shown in Exhibit 6.[11] Water demand for nonresidential land uses not given in Exhibit 6[12] shall be documented by the applicant to the satisfaction of the Township Engineer.

[11] Editor's Note: The exhibits referred to herein are included as attachments to this chapter.

[12] Editor's Note: The exhibits referred to herein are included as attachments to this chapter.

(e) Fire protection shall be furnished for any development to the satisfaction of the Township Engineer.

3. System Design and Placement. In the event that the development is to be connected to an existing or proposed public water supply system, the development's water supply system design and placement shall comply with construction specifications as required by the Township Engineer.

4. Fire Hydrants. In the event that the development is to be connected to an existing or proposed public water supply system, the development shall be provided with fire hydrants as follows:

(a) Hydrants shall be spaced to provide necessary fire flow, and the average area per hydrant typically should not exceed 120,000 square feet. In addition, hydrants shall be spaced so that each structure shall be within 600 feet of a hydrant.

(b) A hydrant shall be located at all low points and at all high points with adequate means of drainage provided.

(c) Hydrants shall be located at the ends of lines, and valves of full line size shall be provided after hydrant tees at the ends of all dead lines and lines which may be extended in the future.

(d) Size, type, and installation of hydrants shall conform to the specifications as required by the Township Engineer.

e. Wastewater Disposal.

1. Wastewater Disposal System.

(a) All developments shall be served by a wastewater disposal system adequate to serve the development's needs in a safe and proper manner. Since Lafayette Township has no central public sanitary sewer collection and treatment facilities, it is anticipated that, in most cases, the waste disposal system will be an individual system.

(b) Applicants for developments proposing to utilize on-site wastewater disposal facilities shall design those facilities in accordance with the recommendations for such systems as contained in the Township's Wastewater Management Plan as well as with all other Board of Health and NJDEP requirements governing the design and construction of such facilities. In the event that a recommendation contained in the Township's Wastewater Management Plan is precluded by a conflicting Board of Health or NJDEP requirement, the Board of Health or NJDEP requirement will govern. Evidence of an acceptable wastewater disposal system for each structure is required prior to the issuance of a certificate of occupancy.

(c) In the event that a public sanitary sewer system will be provided to the area to be developed within a six year period as indicated in the Lafayette Township Wastewater Management Plan, Official Map, or other official document, the Township may require installation of a capped system (mains, only) within the road right-of-way; or alternatively the Township may require a payment in lieu of the improvement. Capped sanitary sewers shall be allowed only in areas indicated for sewer service in the State of New Jersey Statewide Water Quality Management (WQM) Plans and where permitted by the NJDEP through sewer connection approval.

(d) In the event that an existing public sanitary sewer system is available within the following distances, the development shall be connected to that system: 200 feet for one unit, 400 feet for two unit, 600 feet for three unit, 800 feet for four unit, and 1,000 feet for five unit to 15 unit developments. For developments of greater than 15 units which are within one mile from an existing public sanitary sewer system, adequate justification should be provided as to why they should not provide a connection to the existing public sanitary sewer system. For developments of greater than 15 units which are more than one mile from an existing system, the sanitary sewer strategy shall be determined on a case-by-case basis, taking into consideration the density of development, economic considerations, and primary and secondary environmental impacts.

(e) In the event that connection is required to an existing public sanitary sewer system, all installations shall be properly connected to that system prior to the issuance of a certificate of occupancy.

2. System Planning, Design and Placement.

[Added 10-15-2019 by Ord. No. 2019-18[13]

(a) The planning, design, construction, installation, modification and operation of any treatment works shall be in accordance with the applicable NJDEP regulations implementing the New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-1 et seq.) and the New Jersey Water Quality Planning Act (N.J.S.A. 58:11A-1 et seq.) and shall further be in accordance with the Lafayette Township Wastewater Management Plan.

(b) All sanitary sewers, including outfalls, shall be designed to carry at least twice the estimated average design flow when flowing half full. In the case of large interceptor sewer systems, consideration may be given to modified designs.

(c) Average daily residential sewerage flow shall be calculated as shown in Exhibit 5. Average daily nonresidential flows shall be calculated as shown in Exhibit 6. Flows from nonresidential uses not given in Exhibit 6 shall be documented by the applicant to the satisfaction of the Township Engineer.[14]

[14] Editor's Note: Said exhibits are included as an attachment to this chapter.

(d) In the event that the development is to be connected to an existing or proposed public sewer system, the system design and placement shall comply with the specifications as specified by the Township Engineer.

[13] Editor's Note: This ordinance also redesignated former Subsection e2 a Subsection e3.

3. Reserve Disposal Areas.

(a) It shall be the requirement that each lot approved for subdivision after the effective date of this Subsection 2 (adopted March 19, 2013) have two acceptable areas, separated by a minimum distance of 30 feet, for the construction of a primary and reserve area for on-site sewage systems. Soil testing and profile pits are required in both areas. The requirement of a reserve disposal area shall apply only to an application for subdivision.

(b) Exemptions.

The following are exempt from the provisions of Subsection 12-7.2e2:

(1) Existing lots

(2) Existing systems

(3) Agricultural division of land

(4) Lot line adjustments

(5) The remaining lands in a subdivision that will be deed restricted in their entirety against any future development.

(c) The reserve area shall be equivalent to 100% of the disposal area required for the primary system and shall be reserved for future replacement of the disposal system. No permanent improvements shall be installed within or adjacent to the reserved area which will adversely affect its future use as a disposal area. Both areas shall comply with Subchapters 4, 5 and 6 of N.J.A.C. 7:9A and all requirements and standards of this Code and all applicable County and State regulations.

(d) The reserve disposal area shall be shown on the plan of the disposal system and shall be marked "reserve disposal area." The reserve disposal area shall also be shown on all site plans and referenced in any applications submitted to the Township, County or State for any future permits. Failure to identify the disposal area in future applications shall be sufficient grounds to void any permit issued by the Township.

(e) Failure to provide an acceptable primary and reserve disposal area when required under this subsection shall be considered sufficient grounds for denial of an application for subdivision.

(f) The primary and the reserve areas shall be located entirely within the limits of a single tax lot, upon which the improvements being serviced by said system shall be located. If more than one tax lot is used, a consolidation or lot line adjustment is required.

(g) The provisions of this section may be waived only for the following:

(1) The creation of a single new dwelling unit which is in accordance with the Township's affordable housing obligation, where the Land Use Board determines that a reserve area is not practicable.

(h) The location of soil logs, soil log information, ground water elevations, and percolations/permeability tests shall be shown on all drawings submitted to the administrative authority in support of its application for subdivision approval, together with a certification that the tests were approved by the Board of Health and a certification from the applicant's engineer that the primary and reserve disposal field sites are suitable for the construction of an individual subsurface sewage disposal system in accordance with the requirements of N.J.A.C. 7:9A.

f. Storm Water Management.

1. Purpose.

(a) It is hereby determined that the lakes and waterways within Lafayette Township are at times subjected to flooding; that such flooding is a danger to the lives and property of the public; that such flooding is also a danger to the natural resources of Lafayette Township, the county and the state; that development tends to accentuate such flooding by increasing storm water runoff, due to alteration of the hydrologic response of the watershed in changing from the undeveloped to the developed condition; that such increased flooding produced by the development of real property contributes increased quantities of waterborne pollutants, and tends to increase channel erosion; that such increased flooding, increased erosion, and increased pollution constitutes deterioration of the water resources of Lafayette Township, the county and the state; and that such increased flooding, increased erosion and increased pollution can be controlled to some extent by the regulation of stormwater runoff from such development. It is, therefore, determined that it is in the public interest to regulate the development of real property and to establish standards to regulate the additional discharge of storm water runoff from such developments as provided in this chapter.

(b) The storm water management plans submitted shall demonstrate careful consideration of the general and specific concerns, values and standards of the Municipal Master Plan and applicable county, regional and state storm drainage control programs, any County Mosquito Commission control standards, and shall be based on environmentally sound site planning, engineering and architectural techniques.

(c) To the maximum extent practicable, stormwater management plans shall try to mimic natural drainage conditions: development shall use the best available technology to minimize on-site and off-site stormwater run-off, increase on-site infiltration, simulate natural drainage systems, and minimize on-site and off-site discharge of pollutants to ground and surface water and encourage natural filtration functions. Best available technology may include measures such as detention and retention basins, recharge trenches, infiltration and filter strip areas, porous paving and piping, contour terraces and swales.

2. System Strategy and Design.

(a) The stormwater management system strategy designed shall comply with the standards set forth in Appendix A.[15]

[15] Editor's Note: Appendix A, referred to herein, is included as an attachment to this chapter.

g. Driveway Ordinance. The Driveway Ordinance located in § 9-5 of the General Ordinances of the Township of Lafayette is binding on all applicants who come before the Land Use Board.

§ 12-7.3 Required Off-Tract Improvements.

[Ord. 9/7/93, § 12-7.3]

Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-42, construction of or contributions for off-tract water, sewer, drainage and street improvements may be required in accordance with the following criteria:

a. Improvements to be Constructed at the Sole Expense of the Applicant. In cases where reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application, and where no other property owners receive a special benefit thereby, the Planning Board may require the applicant, as a condition of development plan approval, at the applicant's sole expense, to provide for and construct such improvements as if such were on-tract improvements in the manner provided hereafter and as otherwise provided by law.

b. Contributions by Developer Toward Required Off-Tract Improvements.

1. In cases where the need for any off-tract improvement is necessitated by the proposed development application, and where the Planning Board determines that properties outside the development will also be benefited by the improvements, such determination shall be made by the Planning Board in writing. The resolution or determination of the Planning Board shall specify the off-tract improvements which are necessary and the terms and conditions which shall be imposed upon the applicant to insure the successful and reasonable implementation of same. In its deliberation as to whether off-tract improvements are required the Planning Board shall be guided by the rules and regulations specified in the Zoning Chapter of the Township, this chapter and the Township Master Plan. The Planning Board may also be guided by counsel from the Planning Board Attorney, Engineer, any consultant and other qualified experts and Township officials relative to the subject matter.

2. In the event that the Planning Board determines that one or more improvements constitute an off-tract improvement, the Planning Board shall notify the Township Committee of same specifying the Board's recommendation relative to the estimated cost of same, the applicant's pro-rated share of the cost, and possible methods or means to implement same including but not limited to performance and maintenance guarantees, cash contributions, development agreements and other forms of surety.

3. The Planning Board shall not grant final approval of the development plan until all aspects of such conditions have been mutually agreed by the applicant, the Township Engineer and the Township Committee, and a written resolution to that effect by the Township Committee has been transmitted to the Planning Board.

c. Methods of Implementation.

1. Performance and Maintenance Guarantees. Where a performance or maintenance guarantee or other surety is required in connection with an off-tract improvement the applicant shall be required to follow the same procedures and requirements as specified in this chapter for other improvements.

2. Development Agreement. Where a development agreement is required governing off-tract improvements or other conditions as may be required by this chapter or by the Planning Board, the agreement shall be approved as to form, sufficiency and execution by the Township Attorney. The agreement shall specify the amount of cash contributions, if any, the method of payment of same, the relative timing of such payment and the obligation or obligations to be undertaken by the Township.

3. Cash Contributions, When Not Required. Cash contributions for off-tract improvements shall not be required under the following conditions:

(a) Where another county or state agency has jurisdiction over the subject improvement and required a cash contribution, guarantee or other surety of the applicant in lieu of such conditions imposed by the Township, or

(b) Where a special assessment or other similar tax levy is imposed upon the applicant for the off-site improvement provided, or

(c) Where the applicant, where legally permissible, can undertake the improvements in lieu of the Township, subject to standards and other conditions as may be imposed by the Township.

4. Cash Contributions, Method of Payment. Where a cash contribution is required by this chapter the contribution shall be deposited with the Treasurer of the Township with a copy of the applicant's transmittal letter forwarded to the Township Committee, the Township Engineer and Planning Board. Any and all monies received by the Treasurer shall be deposited in an escrow account for the purpose of undertaking the improvements specified.

d. Pro Rata Formula for Determining Applicant's Share of Off-Tract Improvements. Where an off-tract improvement is required, the following criteria shall be utilized in determining the proportionate share of such improvement to the applicant:

1. Street widening, alignment, corrections, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere and the construction of new streets and other similar street or traffic improvements; the applicant's proportionate share shall be in the ratio of the estimated peak hour traffic generated by the proposed property or properties to the future additional peak hour traffic anticipated to impact the proposed off-tract improvement where "future" is defined as within the next 10 years. The ratio thus calculated shall be increased by 10% for contingencies. In formula form, the proportionate share shall be computed as follows:

Developer's cost	=	1.10 (total cost of improvement)	(Development-generated peak hour traffic)
		———————————————————————
		(Future additional peak hour traffic)

The Township will use its best judgment and information available to provide the applicant with estimates of future peak hour traffic volumes for the off-street improvements, including estimates provided by the applicant's traffic consultant if those estimates are deemed to be reasonable by the Planning Board. The applicant shall furnish estimates of existing peak hour volumes for the off-tract improvement as well as estimates of the peak hour traffic generated by the proposed development and the portion thereof which is to be accommodated by the proposed off-tract improvement. The cost of the improvements required will be estimated by the Township.

2. Water distribution facilities including the installation of new water mains, the extension of existing water mains, the relocation of such facilities and the installation of other appurtenances associated therewith; the applicant's proportionate cost shall be in the ratio of the estimated daily use of water from the property or properties in gallons to the future additional capacity anticipated. The ratio thus calculated shall be increased by 10% for contingencies. In formula form, the proportionate share shall be computed as follows:

Developer's cost	=	1.10 (total cost of improvement)	(Development-generated gallons per day)
		————————————————————————————
		(Future additional capacity anticipated for improvement)

The Township will use its best judgment and information available to estimate the existing and future additional capacity requirements of the affected water supply system in terms of average demand, peak demand and fire demand including estimates provided by the applicant's consultants if those estimates are deemed to be reasonable by the Planning Board. The cost of the improvements required will also be estimated by the Township Engineer.

3. Sanitary sewage distribution facilities including the installation, relocation or replacement of collector and interceptor sewers and the installation, relocation or location or replacement of other appurtenances associated therewith the applicant's proportionate cost shall be in the ratio of the estimated daily flow in gallons to the future additional capacity anticipated. In the case where the peak flow for the proposed development may occur during the peak flow period for the existing system, the ratio shall be the estimated peak flow rate from the proposed development in gallons per minute to the additional capacity anticipated. The greater of the two ratios thus calculated shall be increased by 10% for contingencies and shall be the ratio used to determine the cost to the applicant. In formula form, the proportionate share shall be computed as follows:

Developer's cost	=	1.10 (total cost of improvement)	(Development-generated gallons per day)
		————————————————————————————
		(Future additional capacity anticipated for improvement)

The Township will use its best judgment and information available to estimate the existing and future additional capacity requirements of the affected sewer system in terms of average daily flows and peak hourly flows including estimates provided by the applicant's consultants if those estimates are deemed to be reasonable by the Planning Board. The cost of the improvements required will also be estimated by the Township.

4. Stormwater and drainage improvements, including installation, relocation or replacement of transmission lines, culverts, catch basins and the installation, relocation or replacement of other appurtenances associated therewith; the applicant's proportionate cost shall be in the ratio of the estimated peak surface run-off as proposed to be delivered into the existing system measured in cubic feet per second to the additional capacity anticipated. The ratio thus calculated shall be increased by 10% for contingencies. Applicant's engineer shall compute the drainage basin area and the area of the development and the percent of the total drainage basin area occupied by the development. Where no drainage system exists which will receive the flow of surface water from the applicant's development, applicant shall furnish all drainage rights-of-way deemed to be necessary by the Planning Board. In formula form, the proportionate share shall be computed as follows:

Developer's cost	=	1.10 (total cost of improvement)	(Development-generated peak flows in CFs)
		—————————————————————————————
		(Future additional capacity anticipated for improvement)

The Township will use its best judgment and information available to estimate the existing and future additional capacity requirements of the affected drainage system in terms of estimated peak flows including estimates provided by the applicant's consultants if those estimates are deemed to be reasonable by the Planning Board. The cost of the improvements required will also be estimated by the Township. The estimates of the peak flows generated by the development shall be estimated by the applicant's engineer.

e. Technical Data. In all situations where the technical data or engineering computations are not already available to the Township Engineer, the Planning Board may require that information be provided by the applicant's engineer to the establishment of any allocation.

f. Escrow. Where the proposed off-tract improvement is to be undertaken at some future date, the monies required for the improvement shall be deposited in an interest bearing account to the credit of the Township until such time as the improvement is constructed. If the off-tract improvement is not begun within five years and no completion date within the immediate future has been established, all monies and interest shall be returned to the developer.

§ 12-7.4 Performance Guarantee.

[Ord. 9/7/93, § 12-7.4]

No final plat shall be approved by the Planning Board until the completion of all such required improvements have been certified to the Planning Board by the Township Engineer, unless the property owner shall have filed with the Township a performance guarantee in an amount equal to 120% of the cost of the improvements specified in Subsection 12-7.5 as estimated by the Township Engineer, and assuring the installation of such uncompleted improvements on or before an agreed date, and also assuring compliance with the soil erosion and sediment control plan certified by the Sussex County Soil Conservation District. Such performance bond shall be issued by a bonding or surety company approved by the Township Committee, a certified check, returnable to the subdivider after full compliance; or any other type of surety approved by the Township Attorney. The Planning Board may require that not exceeding 10% of the estimated cost of such unfinished improvements be deposited in cash with the Township to assure completion thereof, the balance being covered by a performance bond. The performance guarantee shall be approved by the Township Attorney, as to form, sufficiency and execution. Such performance guarantee shall run for a period to be fixed by the Planning Board, but, in no case, for a term of more than two years. However, at the request of the owner and the surety, if there be one, the Township Committee may, by resolution, extend the term of such performance guarantee, the amount thereof to be adjusted to reflect any change based on new engineering estimates of current costs as well as any decrease resulting from partial performance, for an additional period not to exceed two years. The amount of the performance guarantee may be reduced by the Township Committee by resolution when portions of the required improvements have been installed. If the required improvements have not been installed in accordance with the performance guarantee, the obligor and surety shall be liable therein to the Township for the reasonable cost of the improvements not installed and upon receipt of the proceeds thereof the Township shall install such improvements. Performance guarantees shall be required and released in accordance with the provisions of N.J.S.A. 40:55D-53. The obligor and any such bond shall reimburse the Township for all reasonable inspection fees paid to the Municipal Engineer for any such inspections of improvements and the developer shall post a deposit to cover such fees in such amount as required by the municipal agency having jurisdiction.

§ 12-7.5 Maintenance Guarantee, Land Restoration Guarantee.

[Ord. 9/7/93, § 12-7.5]

a. No final plat shall be approved by the Planning Board until the developer has filed with the Township a maintenance guarantee which shall be in a sum equal to 15% of the amount of the original cost for the installation of improvements, and which shall be approved by the Township Attorney as to form, sufficiency and execution, and shall cover a period not to exceed two years. The maintenance bond shall be expressly conditioned upon the maintenance by the developer of all such improvements for the period and particularly shall guarantee the remedy of any defects in such improvements which occur during the same period. The maintenance bond shall further guarantee the replacement of any shade trees found to be unhealthy within one year of planting.

b. In any development plan where there is a significant disturbance of the site due to the installation of utilities, soil movement or grading, the Planning Board, prior to or in conjunction with any approvals, may require a land restoration bond to guarantee that the site will be restored to an acceptable condition within a specified period of time. This guarantee may be in conjunction with or exclusive of a maintenance or performance guarantee and shall be in an amount not to exceed 120% of the cost of the restoration.

§ 12-8 DESIGN STANDARDS.

[Ord. 9/7/93, § 12-8]

The developer shall observe the following requirements and principles of land use in the design of each development or portion thereof.

§ 12-8.1 General.

[Ord. 9/7/93, § 12-8.1]

The purpose of good developments is to create a functional and attractive development, to minimize adverse impacts, and to ensure a project will be an asset to a community.

The purpose of the guidelines and standards is to ensure that the design of new development gives appropriate consideration to the scale and character of the existing neighborhood in which a development is to be located. Neither the design guidelines nor the design standards shall be applied to intentionally or inadvertently exclude housing for low-and moderate-income persons.

§ 12-8.2 Design Guidelines.

[Ord. 9/7/93, § 12-8.2; Ord. No. 2007-14, § 4]

In project design and in reviewing project application, the following guidelines for subdivision and site design shall apply:

a. Data Collection and Site Analysis. Assess site characteristics such as:

1. Topography

2. Geology and Soils

3. Hydrology and Water Quality

4. Vegetation and Wildlife

5. Air Quality and Noise

6. Water Supply and Waste Disposal Consideration

7. Land Use and Land Use Plans

8. Aesthetics and Historical Issues

9. General Site Context

10. Access and Traffic Related Issues

b. Subdivision and Site Design.

1. Base the design of the development on the site analysis. Locate development to the maximum extent practical to preserve the natural features of the site, to avoid areas of environmental sensitivity, and to minimize negative impacts and alteration of natural features. Refer to Master Plan and Wastewater Management Plan for identification of environmental preservation objectives as well as guidelines on gross densities and minimum lot sizes.

2. Design and arrange streets, lots, parking areas, buildings, and units to reduce unnecessary impervious cover, and to mitigate adverse effects of shadow, noise, odor, traffic, transportation, drainage, and utilities on neighboring properties.

3. Consider all existing local and regional plans for the surrounding community.

4. Design storm drainage facilities as an integral part of the development, and arrange the design to use as much of the natural drainage as possible.

5. Design lots and sites to reduce cut and fill, and to avoid flooding and adversely affecting ground water and aquifer recharge; and provide for sewage disposal and adequate access.

c. Residential Development Design.

1. Residential developments may be arranged in conventional, lot averaging, cluster, or a combination of designs. (For environmental reasons, cluster development and lot averaging are encouraged.) Topography, privacy, building height, orientation, drainage, and aesthetics shall be considered in placement of units. Provide units with private outdoor space where appropriate and practical.

2. Space buildings so that adequate privacy is provided for units.

d. Commercial and Industrial Development Design. Commercial and industrial developments shall be designed according to the same principles governing design of residential developments, including but not limited to, locating buildings based on topography; avoiding to the maximum extent practical environmentally critical areas or environmentally sensitive areas; considering factors such as drainage, noise, odor and surrounding land uses in siting buildings; buffering where adverse impacts exist. Notwithstanding the foregoing language, all commercial development taking place in the Gateway Overlay Zone shall be governed by the design standards specific to that zone set forth at Subsection 12-8.3f.

e. Circulation System Design.

1. Design the street system to permit the safe, efficient, and orderly movement of traffic.

2. In addition, design the street system to meet the following objectives: to meet but not exceed the needs of the present and future population served; to have a simple and logical pattern; to respect natural features and topography, to present an attractive streetscape; to interconnect neighborhoods but discourage through traffic by other than local residents.

3. Design streets in a hierarchical system.

4. In cluster developments, pedestrian walkways may be located away from the road system; but they may also be required parallel to the street for safety and other reasons.

5. In conventional developments, locate pedestrian walkways parallel to the street, but permit exceptions to preserve topographical or natural features, or to provide visual interest.

f. Landscape Design.

1. Provide landscaping in public areas, on recreation sites and adjacent to buildings, to screen parking areas, mitigate adverse impacts, and provide windbreaks for winter winds and summer cooling for buildings, streets and parking.

2. Select the plant or other landscaping material that will best serve the intended function, and use landscaping materials appropriate for local soil conditions, water availability, and environment.

3. Vary the type and amount of landscaping with type of development, and accent site entrances with special landscaping treatment.

4. Consider massing trees at critical points rather than in a straight line at predetermined intervals along streets.

5. Consider the impact of any proposed landscaping plan at various time intervals, i.e., shrubs may grow and eventually block sight distances.

6. Design landscaping to maximize preservation of existing vegetation.

§ 12-8.3 Design Standards.

[Ord. No. 9/7/93, § 12-8.3; Ord. No. 2007-14, § 4; Ord. No. 2007-21, § 1]

a. General.

1. In development design, the following areas shall be preserved as undeveloped open space or active agricultural areas to the extent consistent with the reasonable utilization of land:

(a) Wetlands and wetland transition areas, in accordance with NJDEP regulations

(b) Flood plains, floodways and stream corridors in accordance with NJDEP regulations and Township requirements

(c) Steeply sloping lands i.e., slopes of 25% or greater

(d) Existing mature woodlands and individual trees, particularly mature woodlands associated with Lafayette Township's prominent ridgelines and very steeply sloping areas (i.e. 25% slopes and greater)

(e) Hilltops and other highly visible portions of a site

(f) Large areas of rock outcrops

(g) Areas of historical significance

(h) Viable agricultural lands

2. Developers are encouraged to utilize lot averaging and cluster provisions in the zoning ordinance for the purposes of:

(a) Maximizing large areas of undeveloped open space and/or active agricultural lands

(b) Minimizing environmental impacts

(c) Maximizing interconnection of areas of undeveloped open space and/or agricultural lands on the site to be subdivided with other areas of undeveloped open space and/or agricultural lands on other sites.

(d) Maximizing recreational open space opportunities in the Township.

3. Residential lots shall front on residential access or subcollector streets.

4. Every lot shall have access to it that is sufficient to afford a reasonable means of ingress or egress for emergency vehicles as well as for all those likely to need or desire access to the property in its intended use.

5. The road system for residential subdivisions shall be designed to serve the needs of the neighborhood to encourage the interconnection of local neighborhoods, and to discourage use by non-local through traffic.

6. To the extent consistent with the reasonable utilization of land, site design shall promote the conservation of energy through the use of planning practices designed to reduce energy consumption and to provide for maximum utilization of renewable energy sources.

b. Lots.

1. The area and dimensions of every lot shall be sufficient to provide amply for the front, rear and side yard requirements of the Zoning Ordinance of the Township for the district or zone within which the land is intended to be used.

2. Each lot intended for residential use shall front upon an approved street. Insofar as is practical, side lot lines shall be at right angles to straight streets, and radial to curved streets.

3. Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions, wetlands, wetland transition areas, steep slopes, unsuitable soil characteristics for wastewater disposal systems, or other environmental factors, the Planning Board may, after adequate investigation, withhold approval of such lots for building purposes.

4. Allowable minimum lot sizes are specific in the Lafayette Township Zoning Ordinances as are all yard and dimensional requirements.

c. Recreational Open Space Requirements for Residential Developments.

1. Purpose. The purpose of this Subsection c is to insure that adequate recreational open space and facilities are provided in residential developments utilizing the cluster or lot averaging provisions of the Lafayette Township Zoning Ordinance, or in lieu of the actual providing of such facilities within the development, to ensure that the dollar equivalent value of providing such facilities within the subdivision shall be contributed to the Township of Lafayette for its Recreation and Open Space Fund in order to provide such open space and facilities elsewhere in the Township for the use of the residents of the Township of Lafayette.

2. Applicability. The provisions of this Subsection c shall apply to all residential developments of 10 units or more utilizing the lot averaging or cluster provisions contained in the Township's Zoning Ordinances.

3. Contribution Requirement Formula. Each residential development to which these provisions are applicable by virtue of Subsection c., 2, above, shall be required to provide recreational open space land within the development upon the basis of 0.15 acres per lot or residential dwelling unit for such purposes.

4. Administration Standards and Guidelines.

(a) Within each park/playground or open space recreation area, active recreational facilities shall be provided of a nature and type as shall be in accordance with the recreation, park and open space standards and guidelines as published by the National Recreation and Parks Association and in accordance with the Recreation Plan Element of the Lafayette Township Master Plan.

As an alternative to use of the Recreation Plan Element of the Lafayette Township Master Plan as a guideline for the providing of such recreational and open space facilities, same shall be provided in locations and of such nature and shall contain such facilities and improvements as the Lafayette Township Planning Board, acting upon the advice and recommendations of the Recreation Committee of the Township of Lafayette shall determine, taking into account applicable demographic studies as may exist or shall be prepared and submitted by the residential development applicant, in order to determine the number and ages of children and adults likely to populate such development.

(b) In order to reasonably assure the ownership, control, use, maintenance and improvement of the park/playground and open space area and the facilities and improvements located therein within each development are in accordance with this Subsection c., the developer shall create a homeowners association, or in lieu thereof, shall propose a suitable alternative mechanism which shall be subject to the review and approval of the Planning Board.

(c) In the review of a development proposal encompassing park/playground and open space area, the Planning Board, prior to the approval thereof, shall be satisfied that the lands and facilities provided are in accordance with the provisions and intent of this Subsection c and that the lands proposed for such use are reasonably suited for their intended purpose.

(d) In the event an applicant for development shall determine that, in his opinion, it is inappropriate or impractical to locate such facilities within the development, itself, and the Planning Board shall determine that it is more appropriate and of greater benefit to the intent and purpose of this Subsection c that such facilities shall be located elsewhere within the Township of Lafayette, the developer shall make an alternative proposal to the Planning Board in that regard, offering, either to acquire other lands within the municipality and improve same with the facilities required hereby or, in lieu thereof, to donate funds to the Township of Lafayette, the equivalent dollar value of the cost of providing of such facilities within the subdivision, which value shall be determined by considering the fair market value of the land required to be dedicated to each use, together with the cost of improvements required and/or proposed thereon, together with the projected costs of operation and maintenance of the land and those improvements to be placed in an escrow account for that purpose.

(e) In reviewing a proposal by a developer pursuant to the provisions hereof, the Planning Board shall consult with the Lafayette Township Recreation Committee, which shall make, within 35 days of the date of referral to it by the Planning Board, a report, including recommendations thereon, for development and may include any other related matter deemed by the Lafayette Township Recreation Committee to be relevant to the proposal being reported upon.

d. Conservation/Agricultural Open Space.

1. Purpose. All developments are encouraged to preserve environmentally and/or agriculturally important and/or sensitive areas by careful site planning and design. In particular, developers are encouraged to utilize the lot averaging and cluster provisions contained in the Township's Zoning Ordinance to maximize such preservation.

2. Minimum Requirements. The following areas and vegetation shall be preserved as a minimum:

(a) All floodprone, floodway, wetlands and wetland transition areas except that in cases where NJDEP requires a stream encroachment permit and/or wetlands and/or transition area permits, and the applicant has applied for and received those permits, the activities authorized by those permits shall be permitted.

(b) All steeply sloping (25% slopes or greater) wooded lands.

(c) All ridgeline areas.

(d) All wooded rear yard areas and side yard areas except if area is needed for wastewater disposal areas.

(e) All trees greater than eight inches dbh in front yard areas of residential developments except as necessary for driveway access and/or wastewater disposal areas.

(f) All trees greater than eight inches dbh elsewhere on each individual lot where no building, paving or mayor regrading activities are proposed.

(g) As much viable agricultural land as is practicable.

3. Preservation Goals. As a goal or "target" the Township encourages developers to preserve at least 50% of the parcel proposed for development for environmental, recreational, and/or agricultural open space. In addition it is the Township's goal or objective to locate this open space in such a manner as to interconnect the open space on individual properties to the maximum extent possible to preserve large contiguous areas of open space for environmental and agricultural purposes. As a general principle, undeveloped open space should be either left in its natural state or, if the open space is agricultural land, should be actively farmed. For large areas of agricultural open space, access easements should be maintained to allow the continued use of the open space for agricultural purposes.

4. Deed Restrictions. Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Township Attorney that ensure that:

(a) The open space area will not be further developed in the future.

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

(c) Appropriate provisions are made for the maintenance of the open space.

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

(e) A right of reverter to the Township of Lafayette should the restriction be violated.

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

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

(b) Other public jurisdictions or agencies, subject to their acceptance.

(c) Quasi-public organizations, subject to their acceptance.

(d) Homeowner or cooperative associations or organizations.

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

(f) Individual interest by individual property owners with the whole preserved by virtue of deed restrictions and conservation easements.

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

(a) The homeowners association must be established before the homes are sold.

(b) Membership must be mandatory for each property owner and any successive buyer.

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

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

(e) Property owners must pay their pro rata share of the cost; the assessment levied by the association can become a lien on the property.

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

(g) The lands revert to the Township of Lafayette if the restriction is breached or broken.

7. Maintenance of Open Space Areas.

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

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

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

e. Landscaping.

1. Purpose.

(a) Landscaping shall be provided as part of subdivision and site plan design. It shall be conceived in a total pattern throughout the site, integrating the various elements of site design, preserving and enhancing the particular identity of the site and creating a pleasing site character.

(b) Landscaping may include plant materials such as trees, shrubs, ground cover, perennials, and annuals and other materials such as rocks, water, sculpture, art, walls, fences, and building and paving materials.

(c) A landscape plan shall be submitted with each development application. The plan shall identify existing and proposed trees, shrubs, ground cover, natural features such as rock outcroppings, and other landscaping elements. The plan should show where they are or will be located and planting and/or construction details. When existing natural growth is proposed to remain, the applicant shall include in the plans proposed methods to protect existing trees and growth during and after construction. This requirement may be waived by the Planning Board.

2. Site Protection and General Planting Requirements.

(a) Topsoil preservation. Topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide at least four inches of even cover to all disturbed areas of the development and shall be stabilized by seeding or planting.

(b) Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials, or other debris shall be removed from the site and disposed of in accordance with the law. No tree stumps, portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips, they may, subject to approval of the Township Engineer, be used as mulch in landscaped areas.

(c) Protection of existing vegetation. Maximum effort should be made to save existing vegetation. No material or temporary soil deposits shall be placed within four feet of shrubs or 10 feet of vegetation designated to be retained on the preliminary and/or final plat. Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site. Barriers shall not be supported by the plants they are protecting, but shall be self-supporting. They shall be a minimum of four feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.

(d) Slope plantings. Landscaping of the area of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with ground covers appropriate for the purpose and soil conditions, water availability, and environment.

(e) Planting specifications. Deciduous trees shall have at least a two inch caliper dbh at planting. Size of evergreens and shrubs shall be allowed to vary depending on setting and type of shrub. Only nursery-grown plant materials shall be acceptable; and all trees, shrubs, and ground covers shall be planted according to accepted horticultural standards. Dead or dying plants shall be replaced by the developer during the following planting season.

(f) Plant species. The plant species selected should be hardy for the particular climatic zone in which the development is located and appropriate in terms of function and size.

(g) Additional landscaping. In nonresidential developments, all areas of the site not occupied by buildings and required improvements shall be landscaped by the planting of grass or other ground cover, shrubs, and trees as part of a site plan approved by the Planning Board.

3. Street Trees.

(a) Location. Street trees shall be installed on both sides of all streets in accordance with the approved landscape plan. Trees shall either be massed at critical points or spaced evenly along the street, or both.

When trees are planted at predetermined intervals along streets, spacing shall depend on tree size as follows:

Tree Height (in feet)	Planting Interval (in feet)
Large trees (40+)	50—70
Medium-sized trees (30—40)	40—50
Small trees (to 30)	30—40

When the spacing interval exceeds 40 feet, small ornamental trees can be spaced between the large trees. If a street canopy effect is desired, trees may be planted closer together, following the recommendations of a certified landscape architect. The trees shall be planted so as not to interfere with utilities, roadways, sidewalks, sight easements, or street lights. Tree location, landscaping design, and spacing plan shall be approved by the Planning Board as part of the landscape plan.

(b) Tree type. Tree type may vary depending on overall effect desired, but as a general rule, all trees shall be the same kind on a street except to achieve special effects. Selection of tree type shall be approved by the Planning Board.

(c) Planting specifications. All trees shall have a minimum caliper of two inches dbh and they shall be nursery grown, of substantially uniform size and shape, and have straight trunks. Trees shall be properly planted and provision made by the applicant for regular watering and maintenance until they are established. Dead or dying trees shall be replaced by the applicant during the next planting season.

4. Buffering.

(a) Function and materials. Buffering shall provide a year-round visual screen in order to minimize adverse impacts from a site on an adjacent property or from adjacent areas. It may consist of evergreens, berms, rocks, boulders, mounds, or combinations to achieve the stated objectives. Fencing may also be required if deemed necessary by the Planning Board.

(b) When required for subdivision and site plan applications. Buffering shall be required when topographical or other barriers do not provide reasonable screening and when the Planning Board determines that there is a need to shield the site from adjacent properties to minimize adverse impacts such as incompatible land uses, noise, lights, traffic, or other nuisances.

Where required, buffers shall be measured from side and rear property lines, excluding access driveways.

(1) Where nonresidential zone abuts residential zone, a buffer strip 50 feet in width shall be required.

(2) Parking areas, garbage collection and utility areas, and loading and unloading areas shall be screened around their perimeter by a buffer strip a minimum of 10 feet wide.

(3) Where residential subdivisions abut higher-order streets (collector or arterial), adjacent lots should front on lower-order streets, and a landscaped buffer area provided along the property line abutting the higher-order street. The buffer strip shall include trees and shrubs.

(c) Design. Arrangement of plantings in buffer shall provide maximum protection to adjacent properties and avoid damage to existing plant material. Possible arrangements include planting in parallel, serpentine, or broken rows. If planted berms are used, the minimum top width shall be four feet, and the maximum side slope shall be 2:1.

(d) Planting specifications. Plant materials shall be sufficiently large and planted in such a fashion that a screen at least eight feet in height shall be produced within three growing seasons. All plantings shall be installed according to accepted horticultural standards.

(e) Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead or dying plants shall be replaced by the applicant during the next planting season. No buildings, structures, storage of materials, or parking shall be permitted within the buffer area; buffer areas shall be maintained and kept free of all debris, rubbish, weeds, and tall grass.

f. Commercial and Residential Development in Gateway Overlay Zone.

1. Commercial and Residential Design Standards. These design standards shall apply to all commercial development and uses in the Gateway Overlay Zone. These standards provide a framework to ensure sound planning and site design by establishing specific design requirements that protect, support and promote design features that reflect Lafayette Township's rural character. The design standards have been developed in accordance with the Lafayette Master Plan and the Reexamination Reports to improve the built environment, preserve Lafayette's natural and rural character and minimize the visual impact of new development. These standards are intended to assist property owners, architects, applicants, Land Use Board members, various advisory committees and professional staff preparing and reviewing site plans and should be used in conjunction with the Township's existing site plan and subdivision requirements. All standards may not be achievable for every project. For this reason, each application should be carefully considered and waivers should be granted where appropriate.

2. Building Form and Mass.

(a) Uninterrupted facades in excess of 100 horizontal feet are prohibited. Facades greater than 100 feet in length must incorporate recesses and projections along at least 20% of the facade. Windows and arcades must total at least 60% of the facade length abutting a public street.

(b) Retail sales establishments that are part of a larger principal structure are required to have display windows and separate outside entrances.

(c) Greater architectural interest in the principal structure is encouraged by directing the use of a repeating pattern of change in color, texture, and material modules. One of these elements shall repeat horizontally and all elements shall repeat at intervals of no more than 30 feet, either horizontally or vertically.

(d) Variation in rooflines is required to reduce the scale of structures and add visual interest. Roofs must have at least two of the following features: (1) parapets concealing flat rooftops and rooftop equipment; (2) overhanging eaves; or (3) sloping roofs and three or more roof slope planes.

(e) For nonresidential buildings, each principal structure must have a clearly defined, highly visible customer entrance with features such as porticos, arcades, arches, wing walls and integrated planters.

(f) Smooth-faced concrete block, tilt-up concrete panels, and prefabricated steel panels are prohibited as the predominant exterior building material. Brick, wood, sandstone, or other native stone and tinted or textured concrete masonry units are encouraged.

(g) Facade colors are required to be of low reflectance, subtle, neutral and earth-tone colors compatible with existing historic buildings in the GOZ. The use of high-intensity, metallic colors, black or fluorescent colors is prohibited.

3. Parking.

(a) No off-street parking may be located between the front façade of a principal structure and the primary abutting street.

(b) Parking lots should be landscaped with trees to provide shade, with one tree for every 10 parking spaces, to minimize the impact created by large expanses of parking.

(c) Street trees and other plant material should be provided at the ends of parking bays. Landscape islands should be at least six feet in width.

(d) Whenever possible, light poles should be integrated into landscape islands.

(e) For nonresidential uses, a minimum landscape buffer area of five feet from any property line shall be provided around the parking areas except where such buffer would interfere with sight triangle easements.

(f) Documentation should be provided to support the feasibility of shared parking, including an analysis of the uses sharing the parking and the peak usage periods for each, hours of operation of uses proposed to share the parking, and capacity of the parking lot.

4. Pedestrian Circulation.

(a) Pedestrian circulation features must be provided and must include sidewalks at least four feet in width along all lot sides that abut a public street with a four foot planting strip adjacent to the sidewalk.

(b) Where pedestrian and vehicular paths cross, changing pavement materials, signage and changes in pavement texture shall designate that area.

(c) Secure and convenient pedestrian walkway access shall be provided from parking lots, sidewalks and primary entrances to buildings.

5. Lighting.

(a) Exterior lighting should be architecturally compatible with the building style, material, and colors. The use of creative lighting schemes to highlight building facades and related areas of a site shall be encouraged.

(b) All exterior lights shall be designed to prevent night glow and located in such a manner as to prevent objectionable light and glare to spill across property lines.

(c) Whenever possible, light poles should be integrated into landscaped islands.

(d) All the requirements of Subsection 12-7.2a11 apply to the GOZ except that street lights are limited to a height of twelve to fifteen (12-15) feet.

6. Landscaping.

(a) A landscaped area shall be provided along both sides of all streets. Within the landscaped area (between the street and the sidewalk), one shade tree (minimum of three-inch caliper diameter at 16 feet in height) shall be provided per every 30 feet of linear horizontal distance.

(b) Mulched tree wells should be placed around the base of each tree for protection and moisture retention.

(c) Shrubbery shall be no higher than two feet above existing street grades. All landscaping (trees, shrubs, planted beds) shall be maintained within 20 feet of any street intersection or 10 feet of driveway/street intersections. This restriction is for purposes of maintaining visibility at all times.

(d) Street trees are a major means of providing a pedestrian amenity as well as visual coherence. Property owners shall have responsibility for planting along street frontage(s) within the Township's right-of-way. Maintenance of trees within the Township's right-of-way shall be the responsibility of the Township.

7. Utilities.

(a) All electric, gas and telephone utility lines shall be installed underground.

§ 12-9 ENVIRONMENTAL IMPACT STATEMENT.

[Ord. 9/7/93, § 12-9]

In order that the municipal agency may access the impact of a proposed development upon the environment, the application for all major subdivisions and site plans shall be accompanied by an Environmental Impact Statement, the required contents of which are specified in Appendix B, Environmental Impact Statement Requirements.[1]

[1] Editor's Note: Appendix B, referred to herein, is included as an attachment to this chapter.

§ 12-10 JOINT SUBMISSION.

[Ord. 9/7/93, § 12-10]

Nothing in this section precludes a developer from submitting his preliminary and final development plan as one submission, providing all requirements of the final development plan shall be adhered to.

§ 12-11 DEVIATION FROM DEVELOPMENT PLAN.

[Ord. 9/7/93, § 12-11]

The developer shall undertake construction in substantial conformance with the approved development plan. If deviation is caused by change of conditions beyond the control of the developer since the date of approval, and the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the Master Plan or Zoning Ordinance, he may proceed with the approval of the Township Engineer.

§ 12-12 FILING.

[Ord. 9/7/93, § 12-12]

a. Final Site Plan. The secretary of the municipal agency approving a site plan shall certify three full sets, on each page, with an appropriate stamp showing date approved, file number, chairman's signature and secretary's signature. One set shall be given to the applicant, one to the Zoning Enforcement Officer for his use and one set shall be retained in the official files of the municipal agency.

b. Final Major Subdivisions. After final major subdivision approval has been obtained from the Municipal Planning Board, three translucent prints and a cloth copy or four mylars shall be signed and sealed by the developer and his land surveyor. They shall then be submitted to the Township, signed by the Chairman and Secretary of the municipal agency, and signed and sealed by the Township Engineer and Township Clerk. Plans shall then be submitted to the County Planning Board for their approval for filing. The translucent print and cloth copy or two mylars shall be filed in the Sussex County Clerk's office within 95 days of signature. One mylar shall be retained by the applicant and the fourth copy delivered to the Municipal Engineer for their permanent records.

§ 12-13 FEES.

[Ord. 9/7/93, § 12-13]

See Chapter 14, Land Use Procedures Ordinance.

§ 12-14 DEVELOPMENT PLAN CONFORMANCE.

[Ord. 9/7/93, § 12-14]

Failure to comply with any of the conditions of development plan approval subsequent to the receipt of a building permit, zoning permit or certificate of occupancy, as the case may be, shall be grounds for the revocation of any building permit, zoning permit or certificate of occupancy, as the case may be. A written notice of revocation sent by certified mail by the Zoning Officer or Construction Official, as the case may be, shall specify the conditions of site plan approval which have been violated and such revocation shall effectively terminate the validity of any building permit, zoning permit or certificate of occupancy theretofore issued.

§ 12-15 VIOLATION.

[Ord. 9/7/93, § 12-15]

Any person, firm or corporation violating any provision of this chapter shall, upon conviction thereof before a court of competent jurisdiction, be subject to a fine not exceeding $1,000 or imprisonment in the county jail for a period not exceeding 90 days or both and for the fees and costs incurred by the Township in the enforcement of this chapter.

§ 12-16 PENALTY.

[Ord. 9/7/93, § 12-16]

a. If, before favorable referral and final approval have been obtained, any person transfers or sells, or agrees to sell, as owner or agent, any land which forms part of a development on which by ordinance the Planning Board is required to act, such person shall be subject to a fine not to exceed $1,000 and each parcel, plot or lot so disposed of shall be deemed a separate violation in accordance with the provisions of N.J.S.A. 40:55D-55.

b. In addition to the foregoing, the Township may institute and maintain a civil action:

1. For injunctive relief.

2. To set aside and invalidate any conveyance made pursuant to such contract of sale, if a certificate of compliance has not been issued in accordance with the provisions of N.J.S.A. 40:55D-56.

3. For legal costs and attorney's fees in the enforcement of this chapter.

c. In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the development was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposit made or purchase price paid and also a reasonable search fee, survey expense and title closing expense, if any. The Township will have a claim for legal costs and attorney's fees and its established expenses shall become a lien on the property until paid.

d. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of the land or within six years if unrecorded.

§ 12-17 CONSTRUCTION.

[Ord. 9/7/93, § 12-17]

This chapter shall be construed in para materia with the Zoning Ordinance of Lafayette Township, which ordinance together constitute the land use regulations of this municipality, and shall be liberally construed to effectuate the purposes thereof.

§ 12-18 REPEALER.

[Ord. 9/7/93, § 12-18]

All ordinances or parts of ordinances containing provisions which are inconsistent with the terms and provisions of this chapter shall be and are hereby, to the extent of such inconsistency, repealed.

§ 12-19 NOTICE REQUIREMENT.

[Ord. 9/7/93, § 12-19]

The Municipal Clerk is hereby directed to give notice at least 10 days prior to the hearing on the adoption of this chapter to the County Planning Board and all others entitled thereto pursuant to the provisions of N.J.S.A. 40:55D-15. Upon the adoption of this chapter, after public hearing thereon, the Municipal Clerk is further directed to publish notice of the passage thereof and to file a copy of this chapter as finally adopted with the Sussex County Planning Board as required by N.J.S.A. 40:55D-16.

§ 12-20 AFFORDABLE HOUSING DEVELOPMENT FEE ORDINANCE. [1]

[1] Editor's Note: Prior ordinance history: Ordinance No. 2004-10.

§ 12-20.1 Purpose.

[Ord. No. 2014-03]

a. In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules.

b. Pursuant to P.L. 2008, c. 46, Section 8 (C. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction and have a COAH-approved spending plan may retain fees collected from nonresidential development.

c. This section establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance P.L. 2008, c. 46, Sections 8 and 32-38. Fees collected pursuant to this section shall be used for the sole purpose of providing low- and moderate income housing. This section shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:97-8.

§ 12-20.2 Basic Requirements.

[Ord. No. 2014-03]

a. This ordinance shall not be effective until approved by COAH pursuant to N.J.A.C. 5:96-5.1.

b. Lafayette Township shall not spend development fees until COAH has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.

§ 12-20.3 Definitions.

[Ord. No. 2014-03]

The following terms, as used in this section, shall have the following meanings:

AFFORDABLE HOUSING DEVELOPMENT

Shall mean a development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development.

COAH or THE COUNCIL

Shall mean the New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the State.

DEVELOPER

Shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT FEE

Shall mean money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.

EQUALIZED ASSESSED VALUE

Shall mean the assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 of P.L. 1973, c. 123 (C. 54:1-35a through C. 54:1-35c).

GREEN BUILDING STRATEGIES

Means those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.

§ 12-20.4 Residential Development Fees.

[Ord. No. 2014-03]

a. Imposed Fees.

1. Within all residential zoning districts, residential developers building less than five units and except for developers of the types of development specifically exempted below, shall pay a fee of one and one-half (1 1/2%) percent of the equalized assessed value for residential development provided no increased density is permitted.

2. When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers are required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.

b. Eligible Exactions, Ineligible Exactions and Exemptions for Residential Development.

1. Affordable housing developments, developments where the developer is providing for the construction of affordable units elsewhere in the municipality, and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.

2. Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.

3. Owner-occupied residential structures demolished and replaced as a result of a fire, flood, or natural disaster shall be exempt from paying a development fee.

4. Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced (except as exempted by COAH rules), or is expanded, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.

§ 12-20.5 Nonresidential Development Fees.

[Ord. No. 2014-03]

a. Imposed Fees.

1. Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to two and one-half (2.5%) percent of the equalized assessed value of the land and improvements, for all new nonresidential construction on an unimproved lot or lots.

2. Nonresidential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to two and one-half (2.5%) percent of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.

3. Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of two and one-half (2.5%) percent shall be calculated on the difference between the equalized assessed value of the pre-existing land and improvement and the equalized assessed value of the newly improved structure, i.e. land and improvement, at the time final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.

b. Eligible Exactions, Ineligible Exactions and Exemptions for Nonresidential Development.

1. The nonresidential portion of a mixed-use inclusionary or market rate development shall be subject to the two and one-half (2.5%) percent development fee, unless otherwise exempted below.

2. The two and one-half (2.5%) percent fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.

3. Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" Form. Any exemption claimed by a developer shall be substantiated by that developer.

4. A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L. 2008, c. 46 shall be subject to it at such time the basis for the exemption no longer applies, and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the nonresidential development, whichever is later.

5. If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by Lafayette Township as a lien against the real property of the owner.

§ 12-20.6 Collection Procedures.

[Ord. No. 2014-03]

a. Upon the granting of a preliminary, final or other applicable approval, for a development, the applicable approving authority shall direct its staff to notify the Construction Official responsible for the issuance of a building permit.

b. For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The Construction Official shall verify the information submitted by the nonresidential developer as per the instructions provided in the Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.

c. The Construction Official responsible for the issuance of a building permit shall notify the local Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee.

d. Within 90 days of receipt of that notice, the Municipal Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.

e. The Construction Official responsible for the issuance of a final certificate of occupancy notifies the local assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.

f. Within 10 business days of a request for the scheduling of a final inspection, the Municipal Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.

g. Should Lafayette Township fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b of section 37 of P.L. 2008, c. 46 (C. 40:55D-8.6).

h. 50% of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.

i. Appeal of Development Fees.

1. A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest bearing escrow account by Lafayette Township. Appeals from a determination of the Board may be made to the tax court in accordance with the provisions of the State Uniform Tax Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

2. A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest bearing escrow account by Lafayette Township. Appeals from a determination of the Director may be made to the tax court in accordance with the provisions of the State Uniform Tax Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

§ 12-20.7 Affordable Housing Trust Fund.

[Ord. No. 2014-03]

a. There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Chief Financial Officer for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.

b. The following additional funds shall be deposited in the affordable housing trust fund and shall at all times be identifiable by source and amount:

1. Payments in lieu of on-site construction of affordable units;

2. Developer contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;

3. Rental income from municipally operated units;

4. Repayments from affordable housing program loans;

5. Recapture funds;

6. Proceeds from the sale of affordable units; and

7. Any other funds collected in connection with Lafayette Township's affordable housing program.

c. Lafayette Township has a three party escrow agreement with COAH.

d. All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH.

§ 12-20.8 Use of Funds.

[Ord. No. 2014-03]

a. The expenditure of all funds shall conform to a spending plan approved by COAH. Funds deposited in the housing trust fund may be used for any activity approved by COAH to address the Lafayette Township's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartments, market to affordable, or regional housing partnership programs, conversion of existing nonresidential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or State standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through 8.9 and specified in the approved spending plan.

b. Funds shall not be expended to reimburse Lafayette Township for past housing activities.

c. At least 30% of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. 1/3 of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region.

1. Affordability assistance programs may include down payment assistance, security deposit assistance, low interest loans, rental assistance, assistance with homeowners association or condominium fees and special assessments, and assistance with emergency repairs.

2. Affordability assistance to households earning 30% or less of median income may include buying down the cost of low- or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income.

3. Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.

d. Lafayette Township may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.

e. No more than 20% of all revenues collected from development fees, may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or action are not eligible uses of the affordable housing trust fund.

§ 12-20.9 Monitoring.

[Ord. No. 2014-03]

Lafayette Township shall complete and return to COAH all monitoring forms included in monitoring requirements related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with Lafayette Township's housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH. All monitoring reports shall be completed on forms designed by COAH.

§ 12-20.10 Ongoing Collection of Fees.

[Ord. No. 2014-03]

a. The ability for Lafayette Township to impose, collect and expend development fees shall expire with its substantive certification unless Lafayette Township has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification, and has received COAH's approval of its development fee ordinance.

b. If Lafayette Township fails to renew its ability to impose and collect development fees prior to the expiration of substantive certification, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the ''New Jersey Affordable Housing Trust Fund" established pursuant to section 20 of P.L. 1985, c. 222 (C. 52:27D-320). Lafayette Township shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or judgment of compliance, nor shall Lafayette Township retroactively impose a development fee on such a development. Lafayette Township shall not expend development fees after the expiration of its substantive certification or judgment of compliance.

§ 12-21 AFFORDABLE HOUSING GROWTH SHARE REQUIREMENTS.

§ 12-21.1 Growth Share—Applicability.

[Ord. No. 2005-15, § 1]

The Growth Share requirements contained in this section shall be applied to all construction within Lafayette Township. Responsibility for constructing an affordable housing unit shall be as provided for under this section. Furthermore, this section shall apply regardless of whether a minor subdivision, major subdivision or site plan is involved in the creation of the lot under construction or if the construction is on a pre-existing lot. The obligation for growth share construction shall apply regardless of whether or not the property owner or developer has obtained preliminary or final approval for the construction. For buildings currently under construction, the property owner is responsible for complying with the Growth Share requirements in this section if a certificate of occupancy for the construction has not been issued prior to the adoption of this section. For all construction, the triggering mechanism for Growth Share responsibility shall be the issuance of a building permit for new construction.

§ 12-21.2 Affordable Units Required for Residential Developments.

[Ord. No. 2005-15, § 2]

Except for residential "inclusionary" developments which are otherwise required by ordinance to have a set-aside of "low" and "moderate" income units, any applicant for residential development in Lafayette Township that includes eight or more residential lots and/or dwelling units shall be required to provide the number of affordable housing units equivalent to twelve and one-half (12.5) percent of the total number of market rate units which will result from the proposed development, with any decimal amount rounded to the next highest whole number. All residential lots and/or dwelling units created from sub portions of an original tract of land during the time period between January 1, 2004 and December 31, 2014 shall be added together for the purposes of this section provision, even if an individual subdivision and/or site plan created less than eight residential lots and/or dwelling units.

§ 12-21.3 Affordable Units Required for Nonresidential Developments.

[Ord. No. 2005-15, § 3]

Any applicant for a nonresidential development in Lafayette Township that includes the creation of new jobs shall be required to provide the number of affordable housing units equivalent to one affordable housing unit for every 25 new jobs created by the development, with any decimal amount rounded to the next higher round number. In accordance with the "Substantive Rules" of the New Jersey Council on Affordable Housing (COAH) the calculation of the number of new jobs shall be in accordance with "Appendix E" to COAH's "Substantive Rules" (N.J.A.C. 5:94-1 et seq.), which is entitled "UCC Use Groups for Projecting and Implementing Nonresidential Components of Growth Share."

§ 12-21.4 "Low" and "Moderate" Income Split.

[Ord. No. 2005-15, § 4]

50% of the affordable housing units required to be produced in accordance with Subsection 12-21.2 and 12-21.3 hereinabove shall be available to "low" income households and 50% shall be available to "moderate" income households, provided that any single remaining unit shall be available to a "low" income household.

§ 12-21.5 Compliance With COAH's Rules.

[Ord. No. 2005-15, § 5]

All affordable housing units shall fully comply with all applicable "Substantive Rules" and policies of the New Jersey Council on Affordable Housing (COAH) including, unless modified above, but not limited to, bedroom distribution, controls on affordability, household income qualification and eligibility, range of affordability, affirmative marketing and the construction phasing of the market versus the affordable housing units.

§ 12-21.6 Payment Calculations.

[Ord. No. 2005-15, § 6]

For residential development which proposes less than eight residential units or nonresidential construction that calculates to less than 25 jobs, the developer shall be required to provide a cash contribution for each new housing unit or 25 jobs, but in no event would a cash contribution for residential construction be less than $17,750 which for purposes of this section is determined to be one-eighth of the cost of constructing an affordable housing unit, or no less than 1% of the equalized assessed value of nonresidential development. For those developments proposing more than eight residential units, or more than 25 jobs in nonresidential construction, the developer shall be required to provide on-site production of affordable housing and for any fractural or partial obligation remaining after the production of the mandated affordable housing units, shall pay the pro rata contribution as stated above.

§ 12-21.7 Alternative Methods of Compliance.

[Ord. No. 2005-15, § 7]

Except for major subdivision or site plan approvals involving eight or more units or 25 or more jobs where on-site production of affordable housing units is required, and further provided the applicant obtains advanced written permission from the Lafayette Township Committee, the applicant may choose to satisfy its affordable housing obligation calculated in accordance with Subsections 12-20.2 and 12-20.3 in accordance with one or more of the following alternatives as permitted by COAH's "Substantive Rules" as set forth below:

a. On-site production of affordable housing units;

b. The purchase of an existing market rate dwelling unit within the municipality and its conversion to an affordably priced unit;

c. The purchase of an existing market rate dwelling unit within the municipality and its conversion to an "alternative living arrangement" facility (i.e., group home); and/or

d. Participation in gut rehabilitation and/or buy-down/write-down or buy-down/rent-down programs.

e. Payment in accordance with Subsection 12-21.6.

§ 12-21.8 Application Review and Approval.

[Ord. No. 2005-15, § 8]

Applicant shall obtain written permission from the Township Committee endorsing the applicant's plan for satisfying the affordable housing obligation created by the proposed development which shall be submitted to the Land Use Board at the time the application for development is submitted for review and approval and shall be considered a condition for the application being determined "complete."

§ 12-21.9 Other Design Considerations.

[Ord. No. 2005-15, § 9]

a. Permitted housing types for affordable units. More than one affordable unit may be on a building lot. Single-family, duplex and triplex structures, which are affordable housing units, are permitted in Lafayette Township.

b. The affordable housing structures shall be consistent in size and architectural features with the neighborhood or as approved by the Planning Board.

c. Septic systems for the affordable housing units on the same lot may only share the leach field and shall be maintained with an annual maintenance fee from each unit, at the discretion of the Land Use Board. Each owner shall maintain other septic system components. Any septic system arrangement under this provision is subject to the Sussex County Board of Health approval.

§ 12-21.10 In Lieu of Cash Contributions.

[Ord. No. 2005-15, § 10]

In lieu of construction of an affordable unit for a partial obligation, i.e. 5/8 or 13 jobs for example, each residential unit will be responsible for the payment of one-eighth (1/8) and each nonresidential unit will be obligated to pay one-quarter (1/25) of the cash contribution. For purposes of this section, the cash contribution for residential development shall be $142,000. The cash contribution for nonresidential development shall be 1% of the equalized assessed value. The cash contribution for nonresidential development is presumptively the cost of an affordable unit either in a single-family subdivision setting including land, or one unit in a multifamily setting including land. The Land Use Board may adjust from time to time the presumptive amount based upon the evidence.

§ 12-21.11 Construction of Affordable Units.

[Ord. No. 2005-15, § 11]

The residential units shall be constructed on a schedule in accordance with Section 4.4(f) of the COAH regulations:

Percentage of Market Rate Units Completed	Minimum Percentage of Low- and Moderate-Income Units Completed
25	0
25 plus 1 unit	10
50	50
75	75
90	100

Nonresidential development shall be constructed based upon the same percentages above by substituting nonresidential development for market rate units.

§ 12-21.12 Growth Share as a Permitted or Conditionally Permitted Use.

[Ord. No. 2005-15, § 12]

Growth share housing is a permitted use in every residential zone and a conditionally permitted use in every nonresidential zoning district to the extent that production of affordable housing units is mandated by this section. Mandatory on-site production of affordable units shall not increase the density permitted in any residential district. The applicant must satisfy the growth share requirements within the existing density. In nonresidential zones, the residential density shall be the minimum required by COAH to satisfy the COAH obligation.

§ 12-22 AFFORDABLE ACCESSORY APARTMENTS.

§ 12-22.1 Findings and Purpose.

[Ord. No. 2016-20]

The purpose of this section is to provide housing opportunities to fulfill the Lafayette Township's affordable housing obligation. The intent is to encourage the creation of affordable accessory apartments within new or existing dwellings in Lafayette Township.

§ 12-22.2 Apartment within Principal Dwelling or Accessory Structure Permitted.

[Ord. No. 2016-20]

In all residential zones an affordable accessory apartment may be created within a principal dwelling or in an accessory structure located on the same lot as the principal dwelling, subject to the standards set forth herein.

§ 12-22.3 Preference for Low- and Moderate-Income Households.

[Ord. No. 2016-20]

The affordable accessory apartment shall be occupied by a low- or moderate-income household as defined in the Substantive Rules of the New Jersey Council on Affordable Housing, N.J.A.C. 5:93-1.1 et seq., as supplemented and amended.

§ 12-22.4 Number of Dwelling Units.

[Ord. No. 2016-20]

No lot shall contain more than two dwelling units. A lot shall contain a principal dwelling unit and not more than one affordable accessory apartment which may be located in the principal residence or in an accessory structure.

§ 12-22.5 Minimum Lot Area.

[Ord. No. 2016-20]

An affordable accessory apartment shall be permitted within a principal dwelling, provided that the lot conforms to the area and bulk requirements of the residential zone district in which it is located. If the affordable apartment is to be located in an accessory structure, the lot shall be at least the minimum lot size for conventional development in the zone in which the unit is located, and the structure containing the affordable unit shall conform to the bulk standards for an accessory structure.

§ 12-22.6 Design Standards.

[Ord. No. 2016-20]

An affordable accessory apartment shall be subject to the following design standards:

a. The floor area of an affordable accessory apartment shall not comprise of more than 25% of the aggregate floor area of the dwelling in which it is located, except that an affordable unit located in an accessory structure on the same lot as the principal dwelling shall not exceed 1,000 square feet of floor area. In no case shall an accessory apartment contain less than 350 square feet of floor area.

b. Access to any affordable accessory apartment shall be provided with an exterior entrance separate from the principal dwelling entrance.

c. There shall be no sign, separate driveway access, separate exterior entrance or other visible evidence of an accessory apartment which is observable from any abutting street.

d. Off-street parking shall be provided for any vehicles used by the occupants of the affordable accessory apartment. A minimum of two parking spaces shall be provided for each dwelling unit on the lot. On-street parking is prohibited.

e. The affordable accessory unit shall include living/sleeping space, cooking facilities and a complete sanitary facility for the exclusive use of its occupants. It shall consist of not less than two rooms, one of which shall be a full bathroom, but shall have no more than two bedrooms.

f. The dwelling structure, if occupied by two households, shall comply with all requirements for a two-family dwelling in accordance with the New Jersey Building Code and all other applicable laws and housing regulations of the State and Township.

§ 12-22.7 Subsurface Sewage Disposal.

[Ord. No. 2016-20]

Prior to the issuance of a construction permit for any work related to the creation of an affordable accessory apartment within an existing structure or by an addition to an existing dwelling, the owner of the dwelling shall obtain a determination from the Township Board of Health as to whether modifications to any individual subsurface sewage disposal system will be necessary by reason of the creation of the accessory apartment. Any required modifications to such a system shall be made in compliance with all applicable laws and regulations.

§ 12-22.8 Permits.

[Ord. No. 2016-20]

An affordable accessory apartment shall not be occupied except in accordance with a currently valid affordable accessory apartment permit issued by the Zoning Official.

a. Every affordable accessory apartment permit shall be valid for a term ending on December 31 of the year in which it is issued and shall, upon application, be renewed annually, provided that the accessory apartment is occupied by a low- or moderate-income household as required by Subsection 12-22.3. However, an initial permit or any renewal thereafter shall expire immediately in the event that the unit is vacated or a change occurs in the household occupying the unit which renders the occupant ineligible in accordance with Subsection 12-22.3.

b. If an affordable accessory apartment permit expires by reason of Subsection a above, the affordable accessory apartment shall be vacated and shall not again be occupied unless and until a new permit is applied for and issued by the Zoning Official.

c. Application for an affordable accessory apartment permit shall be made upon a form provided by the Zoning Official. The application shall require a certification that the above standards and conditions are in effect. Prior to the issuance of an affordable accessory apartment permit, the owner-occupant of the dwelling or, in the event that the dwelling is leased, the owner and tenant of the dwelling shall execute an affordable accessory apartment occupancy agreement with the Township prepared by the Township in recordable form which shall provide that the affordable accessory apartment shall be occupied only in accordance with the provisions of a currently valid affordable accessory apartment permit and that the Township may take appropriate legal action to enforce the provisions of the agreement.

d. An annual renewal application shall be submitted to the Township Clerk by January 15 of each year, which application shall include a certification by the owner of the affordable accessory apartment that the above standards and conditions are in effect and that the household occupying the affordable accessory apartment remains income qualified for occupancy of the affordable accessory apartment. If occupancy has changed during the prior year, the owner shall furnish evidence of income qualification for the household occupying the affordable accessory apartment in the annual renewal application.

§ 12-22.9 Deed Restrictions.

[Ord. No. 2016-20]

Upon approval of an application to create an affordable accessory apartment, the Township, on behalf of the property, shall file a deed recorded in the Sussex County Clerk's office containing a restriction in the form adopted by COAH and set forth in N.J.A.C. 5.93-9.2, Appendix E, to the effect that the unit shall remain available and affordable to a low- or moderate-income household for a period of at least 10 years. The County filing fee is to be paid by the owner of the property. If the affordable accessory apartment is not occupied by a low- or moderate-income household as required by Subsection 12-22.3, it shall be removed and the structure shall comply with all the requirements for a single-family detached dwelling.

§ 12-22.10 Submission of Plans.

The applicant shall provide a plan for the proposed construction which provides sufficient information to determine that all ordinance requirements will be satisfied.

§ 12-22.11 Number of Affordable Accessory Apartments.

[Ord. No. 2016-20]

The maximum number of affordable accessory apartments permitted under this section shall be the number that the Township is permitted to apply toward its fair share obligation of low- and moderate-income housing in accordance with the applicable regulations of the New Jersey Council on Affordable Housing.

§ 12-22.12 Waiver of Fees.

[Ord. No. 2016-20]

Building permit fees and all similar Township fees shall be waived in all cases involving affordable accessory apartment development under this section.