Article VI DESIGN AND DEVELOPMENT PRINCIPLES AND STANDARDS

Within the front yard setback area of the C2 and LI zones, no parking is permitted within 100 feet from any street right-of-way or property line. This area shall be attractively landscaped with a mix of shade trees, ornamental trees, evergreens, and shrubs. One deciduous tree (minimum), one evergreen tree (minimum), and five shrubs (minimum) shall be planted for every 40 feet of street frontage. At the time of installation, size of deciduous trees shall be 2 1/2 inches caliper; size of evergreen trees shall be six feet in height, minimum; shrubs shall be at least two feet in height, minimum. Use of earthen berms or mounds is encouraged along the entire length of frontage except at access drives.

Street trees shall be planted along all existing and proposed streets, and along access driveways (whether public or private) at intervals depending on the type:

Type	Maximum Interval (feet)	Minimum Size (at Installation)
Large trees	50	2 1/2 inch caliper
Medium trees	40	2 inches caliper
Small and ornamental	30	1 3/4 inches caliper

Note: Single-family residential driveways are exempted from this requirement.

All entrances to lots shall be defined by special landscaping treatment.

(d)

Existing large trees shall be saved by not varying the grade around the trees by more than six inches to 12 inches, construction of tree wells, and by erecting protective fences. Clumps or masses of trees shall be protected and saved.

(e)

In outdoor parking lots, at least 5% of the parking area shall be landscaped, and one deciduous tree for each 10 spaces shall be installed. The landscaping shall be located in protected areas along walkways, center islands, and at the end of bays.

(f)

All landscaping in parking areas shall be located so as not to obstruct vision. Shade trees shall be branched at seven feet in height as measured from the top of the curb. A variety of different types of trees shall be grouped to break up the mass of cars.

(g)

Foundation plantings shall be provided adjacent to all structures.

(h)

Species of trees and shrub plants are subject to review and approval by the Township Engineer. Use of native species are encouraged.

(i)

Use of earth berms is encouraged in the front yard setback in the C2 and LI zones to screen the project from the roadway. This bermed area is to be used in combination with the required plantings in areas devoid of existing vegetation. Where berms are used, the following standards shall be met:

Vertically and horizontally meandering berms shall be incorporated into the site grading plan to achieve a natural rolling park-like landscape. Berms shall be two feet to eight feet in height, averaging five feet, except for retail stores where the average height may be reduced to two feet. The width should vary with side slopes of 4:1 to 5:1 without adversely affecting natural drainage patterns.

Berms shall be overlapping where drainage swales are required to pass through them. The final design must be reflected on the grading/drainage plan.

(j)

Buffers such as fences, landscaping, berms and mounds shall be used to minimize any adverse impacts or nuisances on the site or from adjacent areas. Buffers are required in the C2 and LI zones under the following conditions:

Development abutting a zone boundary line.

Development abutting a change in use.

Perimeter of all parking lot between curb and lot line.

Garbage collection areas and loading and unloading areas.

(k)

Buffers shall consist of the following:

Lands abutting a zone boundary or change in use shall be planted with an evergreen buffer of two rows of staggered plantings. Rows shall be five feet apart, and the evergreens planted at 15 feet on center. A minimum of three species types to be used; minimum height at installation shall be six feet.

Perimeter of parking lots. All lots with six or more cars shall be screened from view. A year-round screen of four feet minimum in height shall be produced with a combination of trees and shrubs.

Garbage refuse shall be stored in an enclosed area constructed of either fence or masonry materials. A concrete foundation pad shall be provided. Evergreen foundation plantings shall also be provided; minimum height of two feet for shrubs is required at installation.

§ 30-602 DESIGN STANDARDS OF GENERAL APPLICATION.

Buffer or screening requirements may be reduced or waived by the Land Use Board if sufficient natural vegetation is present to accomplish the buffer/screening intent.

[Ord. No. 2007-04]

Site design shall insure the preservation of undeveloped open space to an extent consistent with the reasonable utilization of land. Site design shall specifically protect unique and/or environmentally sensitive areas, including wetlands, significant trees and woodlands, flood plains, steep slopes, habitats of endangered species and historically significant structures and sites, particularly when designated as landmarks.

Where conventional subdivision developments appear appropriate or necessary, the same shall nevertheless be subject to variable lot areas and dimensions, yards, and setbacks for the purpose of encouraging and promoting flexibility, economy and environmental soundness and layout and design; provided that the average lot areas and dimensions, yards, and setbacks within the development shall conform to the minimum requirements of Section 30-601, and provided that such standards shall be appropriate to the type of development permitted.

Every lot and site 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 to the extent of its intended use.

§ 30-603 DESIGN OF OPEN SPACE AND RECREATION AREAS.

[Ord. No. 2007-04]

Open space, whether contiguous or noncontiguous shall be required in connection with all planned developments and residential cluster developments. Undeveloped or "passive" open space shall be designed to preserve important site amenities, natural features, historical landmarks, and environmentally sensitive areas. Developed or "active" open space areas shall be designed to provide active recreational facilities to serve the residents of the development.

Open space parcels shall be convenient to the dwelling units they are intended to service, but shall also be sited with sensitivity to surrounding development. Environmentally sensitive areas need not be convenient to high levels of pedestrian traffic.

The Land Use Board may require the improvement of open space parcels, including the installation of recreational facilities, taking into consideration the character of the open space land, the estimated age and recreation needs of persons likely to reside in the development, proximity of municipal recreation facilities, and the cost of the recreation facilities.

Undeveloped open space, as a general principle, shall be left in its natural state. With the permission of the Land Use Board, a developer may make certain improvements such as the cutting of trails for walking or jogging, or the provision of picnic areas and the like. The Land Use Board may require a developer to make other improvements or take other measures, such as removal of dead or diseased trees and thinning of trees or other vegetation, to encourage more desirable growth, and, where appropriate, grading and seeding.

§ 30-604 STREET DESIGN.

[Ord. No. 2007-04]

The arrangement of all new streets shall be such as to provide for appropriate extension of existing streets wherever possible.

Subdivisions that adjoin or include existing streets but do not conform to the width requirements of this chapter shall propose a dedication of such additional widths as are necessary as to either one or both sides of any such street. If the subdivision involves only one side of an existing street, then half of the required width shall be dedicated.

When connecting street lines deflect from each other at any point by more than 10° but not more than 45° they shall be connected by a curb with a radius of not less than 100 feet.

Any horizontal curves or changes of direction other than in an intersection shall have a minimum radius of 100 feet.

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

Any major subdivision fronting on an arterial or collector roadway shall be designed so as to limit direct access to such roadway. Access to the lots contained in the proposed subdivision shall be accomplished by internal road network constructed in accordance with the RSIS standards.

§ 30-605 BLOCKS AND LOTS.

[Ord. No. 2007-04]

Block length, width and acreage shall be sufficient to accommodate the size lot or lots required in the respective zoning district and to provide for convenient access, circulation, control and traffic safety.

Blocks over 1,000 feet long in residential districts are discouraged; if such length is necessary as a result of the particular characteristics of the tract, pedestrian cross-walks and/or bikeways between lots may be required by the Land Use Board in locations deemed necessary, and shall be at least eight feet wide and be relatively straight from street to street. In nonresidential districts and with respect to nonresidential uses, block lengths shall be sufficient to meet yard area and yard requirements for such uses and to provide proper street access and circulation patterns.

Lot requirements shall be generally as follows:

Lot dimensions and area shall not be less than the requirements provided in Schedule B, Schedule of Limitations[1], and/or the requirements for respective conditional uses pursuant to the respective uses regulated in this chapter.

Insofar as is practicable, side lot lines shall be either at right angles or radial to street lines, except where a different design would appear more suitable from a planning and/or design perspective.

Each lot must abut and front upon an approved street which is sufficiently improved and maintained to allow for access by emergency vehicles. In the case where a lot fronts on a street with less than a fifty-foot right-of-way, sufficient additional right-of-way shall be dedicated to provide for same, measuring 25 feet from the center line of such street unless the Land Use Board shall determine that such width is unnecessary or inappropriate.

Thru-lots are discouraged as a matter of planning, except that the same may be permitted to have frontage on two streets as follows:

Where the length of the lot between those streets is such that the future division of the lot into two lots is improbable; and

Access shall be to the street with the lower traffic function; and the portion of the lot abutting the other street shall be clearly labeled on the plat and in any deed that street access to such secondary street is prohibited;

Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra-width line, and all setbacks shall be measured from such line.

No permit for the erection of any building or structure shall be issued unless the lot abuts a street giving access to such proposed building or structure. Such street shall be (1) an existing state, county or municipal street or highway, (2) a street shown upon a plat approved by the Land Use Board, or (3) a street on a plat duly filed in the office of the County Recording Officer prior to the passage of this chapter or its predecessor ordinances or any prior law which required prior approval of plats by a Governing Body or an agency of the Township. Before any such permit shall be issued, such street shall have been certified to be suitably improved to the satisfaction of the Governing Body, or such suitable improvement shall have been assured by means of a performance guarantee, in accordance with standards and specifications for road improvements pursuant to this chapter. Where the enforcement of this paragraph would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the building or structure to be related to a street, the Board may, upon application or appeal, vary the application of this paragraph and direct the issuance of a permit subject to conditions that will provide adequate access for firefighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the general circulation plan element of the master plan.

§ 30-606 BASIC ON-SITE PAVEMENT AND CURBING REQUIREMENTS.

Editor's Note: All Schedules and Appendices are included as attachments to this chapter.

[Ord. No. 2006-02 § 3; Ord. No. 2007-04]

Residential. Single-family detached residential lots shall have driveways paved for at least the first 50 feet from the edge of street pavement at driveway opening, or the edge of the existing traveled way, whichever is greater. Pavement material shall be bituminous concrete, reinforced concrete or pavement pavers of concrete block or natural stone.

Nonresidential. Parking and loading spaces and required access driveways and aisles for all nonresidential uses and sites shall be surfaced with a dustless, durable, all-weather pavement adequately graded and drained, subject to the approval of the Land Use Board. Unless otherwise approved by the Land Use Board, paving material shall be bituminous concrete or pavement pavers of concrete block or natural stone. Drainage facilities shall be designed in accordance with prevailing engineering practice as approved by the Board Engineer (See Chapter 32, Stormwater Control). All parking lots with more than six spaces shall have granite block curbing around the perimeter and surrounding all planting areas within the interior of the lot unless otherwise acceptable to and approved by the Land Use Board. (See also following surfacing and curbing sections)

§ 30-607 DESIGN OF PARKING AREAS.

[Ord. No. 2007-04]

Parking area design shall be pursuant to an analysis of traffic patterns as applied to anticipated ingress and egress, as well as analysis of the internal system of vehicular and pedestrian movement, so as to avoid congestion, provide for the safety of pedestrians going to and from buildings, and separate truck traffic from pedestrian traffic and passenger vehicle traffic. Truck loading and unloading areas shall be provided to allow the transfer of goods and products without interference with pedestrian or vehicular traffic or vehicle parking.

Each off-street parking space shall be designed to measure not less than 10 feet wide and not less than 20 feet deep. Spaces for handicap parking shall be a minimum of 12 feet wide and shall be located in the closest possible proximity to the building being served. Handicap parking shall be otherwise provided in accordance with the requirements of the Americans with Disabilities Act.

Access aisles and drives for off-street parking areas shall be a minimum of 25 feet in width.

Off-street loading spaces shall be a minimum of 12 feet in width and 40 feet in length, with a minimum of 15 feet of vertical clearance.

Individual parking or loading spaces shall be served by interior driveways and shall be designed for vehicle access without requiring the moving of any other vehicle. Spaces shall not have direct access from public streets or major interior drives and roads.

All residential driveways not covered by the RSIS and all nonresidential driveways and loading shall meet the following:

Driveways.

All driveways shall be located and dimensioned on plans. All existing and proposed features shall be shown at a scale of one inch equals 50 feet or larger. In addition, a centerline profile shall be submitted if grades exceed 8% at any point along the entire driveway length.

Driveways shall conform to the following standards:

Width and Grade:

Uses	Width	Maximum Grade
Single-family residential	12 feet to 15 feet	15%
Commercial and industrial	30 feet to 36 feet	12%

All driveways shall be paved for the first 50 feet. The pavement specifications shall be as follows:

(i)

Base material - Minimum four-inch thickness of dense graded aggregate.

(ii)

Surface material - Minimum two-inch thickness of bituminous concrete surface course, as per New Jersey Department of Transportation.

Residential driveway grades shall meet the design criteria at the street line as set forth in Figure I.

Vertical curves shall be introduced at sufficient lengths to provide smooth transition in grades.

(5)

The side slopes of driveways shall be topsoiled, seeded, fertilized and mulched to prevent erosion. If banks exceed a two to one grade, crown vetch or some other approved stabilizing material shall be planted. In addition, retaining walls and guiderail may be required by the Municipal Engineer.

(6)

Sight distances shall be shown for all driveway egress points. The sight distance shall be taken 3.50 feet above a point in the centerline of the proposed drive, 10 feet from the edge of the road, to the height of the object at 3.50 feet above the centerline of the approaching lane. All necessary grading and removal of vegetation shall be indicated on plans to conform with the following criteria for sight distances according to the New Jersey Department of Transportation Roadway Design Manual.

(7)

Driveways shall enter roadways at right angle.

(8)

All driveways shall provide for an on-site turnaround.

(9)

Single-family dwellings shall have one driveway access point and a private parking area a distance of a minimum of 10 feet in a side or rear yard or is in a neighborhood where garages are located in the front yard area due to topographic and other conditions as measured in accordance with subsection 30-1017 and cannot realistically satisfy the zone setback requirements and otherwise meets the off-street parking requirements.

Commercial and industrial sites may have two accesses as long as their frontage exceeds 200 feet.

(10)

Except as required at street intersections, no driveway shall be closer than 10 feet to any property line for single-family, detached dwellings, and no closer than 25 feet to any property line for any other use.

(11)

Inspections. Prior to the construction of a driveway, a driveway application and design shall be submitted to the Township Building Department for forwarding to and review by the Township. Three inspections by the Township Engineer shall be required: one for application review, one for the sub-base inspection and the third for the final paving inspection.[1]

Editor's Note: See Section 30-807 for inspection fees.

(Reserved)

Where a site occupies a corner of two intersecting roads, no driveway entrance or exit shall be located within 25 feet of the point of tangency of the existing or proposed curb radius of that site.

A driveway shall be designed to facilitate stormwater runoff. Driveway cross drains shall be installed where water runs for more than 600 feet along the gutter line. Similarly, driveways which contribute more than five cubic feet per second from a twenty-five-year storm to the existing flow shall be constructed so that the water is collected prior to reaching the road. The means of collection shall be inlets tied into an existing stormwater system.

All driveways shall be designed in accordance with the preceding criteria. However, deviation from this will be necessitated from time to time due to many variables encountered in the course of preparing a design. If such conditions prevail, the Township Engineer shall approve the final design.

Lighting. Site lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from residential uses. Lighting shall be designed in conformance with the Lighting Ordinance.

Surfacing and Curbing for More Than Six Vehicles.

All off-street parking areas and access drives shall be enclosed by Belgian block curbing constructed not less than 18 inches vertical measurement with the top of the curb extending six inches above pavement surface. "Jumbo" type granite blocks measuring 12 inches by seven inches by three inches wide shall be used. Curbing shall be located at least 25 feet from any property line and 20 feet from any structure. Loading areas are exempted from the twenty-foot distance to a structure requirement. Curb returns at driveway/street intersections are exempted from the twenty-five-foot distance to the property line requirement. The Land Use Board may waive curbing requirements in order to facilitate surface drainage or to provide proper access and circulation between adjacent properties.

Parking areas, service aisles, and loading spaces shall be appropriately marked with painted lines.

Off-street parking spaces for all new nonresidential buildings or uses shall be required in accordance with the Schedule D Minimum Parking Requirements for each district.[2] Any building containing more than one use shall meet the combined parking space requirements for all uses in the building.

[2]

Editor's Note: All Schedules and Appendices are included as attachments to this chapter.

If it can be demonstrated that because of the nature of any use all the required parking is not necessary, the Land Use Board 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 with appropriate grading, drainage and landscaping so that space will be available in the event future conditions should so require.

Location of Parking. Off-street parking area for six or more vehicles may occupy side and rear yard areas except as noted herein, subject to site plan approval by the Land Use Board. Access to parking lots for more than six vehicles shall be by means of a common driveway so that all individual parking spaces shall have access from an aisle, driveway, or turning area and not from any portion of a public street. Nothing shall prohibit driveways of 18 feet or more in length for one and two family dwellings from being considered one off-street parking space per family.

Type of Facility. Parking spaces for apartment and commercial facilities may be on the surface of the ground or within underground or other garage facilities.

Parking Space and Service Aisle Standards. Parking space shall be 10 feet by 20 feet and service aisles shall meet the following standards:

Parallel parking	12 foot width
45° angle parking	13 foot width
60° angle parking	18 foot width
90° angle parking	25 foot width

Off-Street Loading Spaces. In all zones for every building or use requiring the receipt or distribution of materials or merchandise, there shall be provided on the same property off-street loading spaces in relation to the floor areas 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

Loading spaces shall be 15 feet by 40 feet. There shall be no loading or unloading from the street.

All parking and loading areas shall be attractively landscaped in accordance with the Landscape Ordinance. Single-family, detached dwellings not part of a subdivision application are exempted from the landscaping requirements.

§ 30-608 MINIMUM PARKING REQUIREMENTS.

[Ord. No. 2007-04; Ord. No. 2014-01 § 8]

The number of parking spaces required for each use shall be as provided in Schedule D.[1] References to "square feet" as a measure of required parking shall be construed to refer to gross floor area of proposed buildings. Where a particular project contains more than one use, the minimum parking requirements shall be the sum of the component parts of use.

§ 30-609 STORMWATER AND SANITARY SEWAGE DISPOSAL DESIGNS.

Editor's Note: All Schedules and Appendices are included as attachments to this chapter. Schedule D is adopted by subsection 30-1003.2.

[Ord. No. 2006-02 § 3; Ord. No. 2007-04]

All developments shall be provided with necessary and appropriate systems to adequately provide for the control of stormwater runoff, the collection and treatment of sanitary sewage and the storage and distribution of potable water supplies. Where available, all such services shall be connected to an improved public utility system. (See Chapter 32 Stormwater Control)

Drainage. Stormwater drainage systems shall be adequate to carry off stormwater and natural drainage water which originates not only within the lot, site or tract boundaries, but beyond the lot, site or tract boundaries in their current state of development. No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems to create flooding or the need for additional drainage structures on other private properties or public lands without proper and approved provisions being made for such conditions. No drainage shall be allowed to flow over sidewalks, and/or through curb drains for the purpose of disposing of sump pump and/or roof leader runoff; such facilities must find an outlet into a watercourse or drainage system of sufficient capacity. (See Chapter 32 Stormwater Control)

Storm sewers, open channels, bridges and culverts shall be defined as follows:

For residential site improvements, in accordance with the Residential Site Improvement Standards.

For nonresidential developments, in accordance with the NJPDES Storm Water Regulations for Tier B municipalities. The Township adopts the regulations even though by regulation, they are not yet required to be in effect. All nonresidential developments and applications shall be reviewed in accordance with these regulations which are adopted by reference.

All materials used in the construction of storm sewers bridges, and other drainage structures shall be in accordance with specifications of the "Standard Specifications for Road and Bridge Construction of the New Jersey Highway Department", current edition, and any supplements, addenda and modifications thereto unless otherwise specified in this chapter or as may otherwise be provided by superseding governmental standard, either local or state.

All lots, sites and tracts shall be graded to secure proper drainage away from buildings. All drainage systems shall insure the prevention of stormwater collection in pools or other unauthorized concentrations in flow and, to the extent practicable, water shall not flow across adjacent property lines.

Whenever approval by a governmental agency other than the Land Use Board is required in connection with a drainage system such as but not limited to the County of Sussex, State of New Jersey Department of Environmental Protection, the approval of such agency or agencies shall be obtained and all terms and conditions thereof performed. The Land Use Board may require such approval and/or performance as a condition precedent to development.

Wherever required, appropriate or indicated with respect to a plan for development, a drainage easement shall be provided to the Township or other public or private property owner, as and where appropriate, where a tract, lot or site is traversed or to be traversed by a watercourse, surface or underground drainage way or drainage system, channel or stream. Such easement shall conform substantially with the lines of such watercourse and, in any event, shall meet any minimum widths and locations as may be provided in the Master Plan and/or this chapter.

Sewage Disposal. If a sewage treatment and distribution plant is accessible, the developer shall construct facilities in such a manner as to transport all sewage from each lot, site and tract to said collection and treatment system.

Any sanitary sewer collection system shall be adequate to handle all present and probable future development. Alignments outside streets shall require easements subject to the review and approval by the Land Use Board attorney and engineer and, thereafter, municipal attorney and engineer if such alignment involves municipal lands or interests.

Any treatment plant and collection system, including individual subsurface sewage disposal systems shall be designed in accordance with the requirements of N.J.D.E.P. and/or the Sussex County Department of Health.

§ 30-610 POTABLE WATER SUPPLY AND FIRE PROTECTION DESIGNS.

[Ord. No. 2007-04]

All proposed on-site wells shall be subject to testing, inspection and approval by the Sussex County Department of Health. (See Section 30-617.)

Where a proposed lot, site, building or use is to be served by a public water supply system or can be reasonably served by an existing system, said supply shall have been installed in and tested and all required fire hydrants or fire connections shall have been installed and tested and approved in accordance with NJDEP standards for public water systems by the fire official in accordance with prevailing standards, including but not limited to fire insurance rating organization standards. When in the opinion of the Land Use Board a public water supply system is accessible for a proposed development, each lot or site shall be provided with water supply by such system.

In the event that a public water supply system does not appear available to supply the proposed subdivision or other development presently but nevertheless appears likely to become available, a developer may be required to construct a private water supply system within the development in such a manner that an adequate supply of potable water will become available to each lot within the subdivision and so that such system can be incorporated within the extended public system when and if the same shall become available.

Where streams or ponds exist, or are proposed on lands to be developed, facilities shall be provided to draft water for firefighting purposes. This requirement shall include access to a public street suitable for use by firefighting equipment and construction of or improvements to ponds, dams, or similar on-site or off-site development where feasible. A possible and appropriate fire hydrant shall be installed where essential water supply system exists. Hydrants shall be of the type approved by the Township of Frankford in accordance with the standards of Fire Insurance Rating Organization of New Jersey and shall be placed and installed in accordance with the standards of the Township and the reasonable requirements of the Fire Ordinance Official. Such installation shall be subject to the inspection and approval of the Land Use Board Engineer.

§ 30-611 LIGHTING.

[Ord. No. 2007-04]

If requested by the Land Use Board, the Board Engineer will conduct a night light test for any lighting approvals to make sure it conforms to the ordinance and does not create a nuisance.

A lighting plan prepared by a qualified individual shall be provided with major subdivision and site plan applications. The lighting plan shall show limits of the isolux/isocandela trace where the minimum foot candles occur and shall be in compliance with minimum illumination levels of this section. Dimensioned manufacturer's light details and specifications including foot candle distributions shall be provided.

Street lighting of a type supplied by or approved by the local utility and of a type and number approved by the Land Use Board or Engineer shall be provided where deemed necessary for safety purposes. Wherever electric utility installations are required to be underground, the applicant shall provide for underground service for street lighting.

Design.

The fixture spacing, illumination type, mounting height, wattage, and photometric pattern shall be shown and calculated for each type of fixture used. The lighting for off-street parking shall be designed to direct light downward towards the parking areas. Shield or cutoffs when necessary shall be installed to prevent spillover of light onto residential areas and public streets.

Any outdoor lighting such as building or sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall be shown on the lighting plan, in the form of manufacturers details and specifications to allow a determination of effects upon adjacent properties, traffic safety and sky-glow.

Illumination shall be designed to minimize undesirable off-site effects. Lighting shall be designed to respect and protect the use and enjoyment of neighboring properties and in such a manner as to avoid distraction of motorists. The intensity of all light sources proposed in connection with the development, together with all proposed light shielding and similar features, shall be subject to Land Use Board approval.

Light intensity shall not exceed 0.0 foot candles along any property line and shall be arranged and shielded to reflect the light away from adjoining streets or properties. This regulation shall not apply to lights that are used solely for the illumination of entrances or exits or driveways leading to a parking lot.

Lighting shall be provided by fixtures with a mounting height not more than 20 feet or the height of a building, whichever is less, unless said standard is located within 250 feet of a residential zone, in which case the mounting height shall not exceed 15 feet. Mounting height shall be measured from the ground level to the centerline of the light source. Light source other than pedestrian walkway lighting shall be spaced at a distance not to exceed five times the mounting height.

Ornamental fixtures with downward illumination shall be provided. Cobra-type fixtures and "shoe box" fixtures are prohibited (see Schedule F[1]).

Editor's Note: All Schedules and Appendices are included as attachments to this chapter.

Freestanding lights at the perimeter of parking lots shall be aligned with parking stall striping and located a minimum of 2.5 feet from the edge of curb. Exposed concrete pedestrian or bollard light foundations shall not exceed two inches above grade or four inches above grade when located within a lawn area. Foot candle intensity (maintained horizontal foot candles on the pavement) shall be a minimum of 0.2 foot candles throughout, with an average of 0.5 foot candles.

No outdoor floodlight or spotlight and no light beam or emission from any light, whether indoors or outdoors, shall be directed toward any point off the premises nor attached to buildings.

The following types of outdoor lighting are prohibited; any search light, flashing light, blinking light, moving light, rotating light, neon or neon-type lighting, oscillating light, shuttered light or similar device, strobe light, fluttering light or any other light of which the intensity and color is not maintained constant, as perceived by the human eye, when in use.

10.

Lighting shall be located along streets, parking areas, at intersections, and where various types of circulation systems merge, intersect, or split.

11.

Pathways, sidewalks, and trails shall be lighted with low or mushroom-type standards.

12.

Illumination shall be provided on stairways, sloping or rising paths, and at building entrances/exits.

13.

Intersection foot candle intensity shall be three foot candles.

14.

All lighting shall be uniform ratio distributed at four to one.

15.

All site lighting shall be on timers/photocells and turned off at 11:00 p.m. at the latest, or closing, if earlier, except for minimal security lighting.

16.

Site plan approval is required prior to any change in the approved site lighting; i.e. fixture type, wattage, height, etc.

Sight Distance Design.

Sight triangles shall be required at each quadrant of an intersection of streets. The area within such sight triangles shall either be dedicated as part of the street right-of-way or maintained as part of the obligation of the ownership of the lot adjoining such street or streets, and which shall be set aside on a respective plat or plan as a sight triangle easement.

Within a sight triangle, no grading, planting or structure shall be erected and maintained more than 30 inches above centerline grade of either intersecting street or driveway or lower than eight feet above their centerlines including utility poles, but excluding street name signs and official traffic regulation signs. Where any street or driveway intersection involves earthen berms or vegetation including trees, the developer shall trim such vegetation and trees as well as establish proper excavation and grading to provide the sight triangle.

The sight triangle shall be that area bounded by the intersecting street lines and a straight line which connects sight points located on each of the two intersecting street lines the following distances away from the intersecting street lines:

Arterial streets at 130 feet.

Collector streets at 60 feet.

§ 30-612 SOIL EROSION AND SEDIMENT CONTROL; CUTS AND FILLS; SITE DISTURBANCE.

Primary and secondary local streets at 35 feet.

[Ord. No. 2007-04]

No building permit shall be issued in connection with any application requiring either site plan or major subdivision approval until a Soil Erosion and Sediment Control Plan has been reviewed and approved by the Sussex County Soil Conservation District. A copy of the approved plan shall be forwarded to the Land Use Board Secretary for verification. Land Use Board approval shall be conditioned upon the timely receipt of such verification.

Design standards for soil erosion and sediment control shall be those as are currently promulgated by the Sussex County Soil Conservation District.

Where reasonable and appropriate, the Land Use Board may require the submission and approval of a Soil Erosion and Sediment Control Plan in connection with a minor site plan or minor subdivision approval when it is apparent that disturbance may or will be similar to or the same as that which would make approval of such a plan appropriate. Even under circumstances where Sussex County Soil Conservation District approval is unnecessary, standards and guidelines of the district shall be followed whenever significant site disturbance is to be undertaken.

Cuts and Fills; Retaining Walls. (Reserved)

§ 30-613 ANALYSIS AND DESIGN CONCERNING ENVIRONMENTAL AND COMMUNITY IMPACT; ENVIRONMENTAL IMPACT STATEMENT ("EIS").

[Ord. No. 2006-02 § 3; Ord. No. 2007-04]

Rationale and Purpose. Frankford's natural environment is its most important physical resource. Appreciation of the environment's natural features is a matter of vital interest and attraction to the Township's citizenry and visitors, and the impact of development on the environment must therefore be accorded close scrutiny. Moreover, since Frankford's economic base is heavily dependent upon outdoor recreation and related tourism, environmental impact analysis is intrinsic to broad community impact, including fiscal impact. The 2000 Master Plan, particularly in its Conservation Plan Element, contemplates improved standards for analysis of environmental impact. It is the purpose of this section to implement the same.

Procedure and Methodology. Except in connection with applications classified as minor, the effect of every development proposal on the natural and built (or otherwise man-made) environment shall be studied by a qualified expert or experts engaged by the applicant, who shall prepare a report of findings, analysis and conclusions to be known as an Environmental Impact Statement (hereinafter "EIS") for submission to the Land Use Board.

Waiver Criteria. No submission requirement in the form of a required element of an EIS shall be waived in the absence of a written, site-specific justification therefor, so certified by the preparer(s). A separate justification shall be articulated for each element or subject of waiver request provided, however, that a justification for more than one element or subject of waiver request may be made in a summary manner if and to the extent appearing appropriate. Such justification shall include the reason(s) why, in the opinion of the preparer based upon the particulars of the specific property and/or the scope or nature of the application, submission of one or more required elements would be unnecessary, inappropriate, or inapplicable to an informed decision concerning the projected environmental impact of the development. No waiver shall be granted without a showing that the environment would not be at significant risk as a result of such waiver. No waiver shall be unreasonably withheld when it is apparent, evident or obvious that the subject(s) of the proposed waiver need not be examined under this section in order to reach an informed decision.

Content and Quality of Submission. Every EIS shall contain a complete project description, including property location and general characteristics, purpose and scope of development, proposed improvements and facilities, and a summary statement of site or tract conditions concerning the natural and man-made environments, together with a summary analysis of projected project impact on the same.

Every EIS shall be a product of site specific findings, analysis and conclusions. All sources, authorities, maps, reports, plans, documents, studies and similar materials on which the EIS relies shall be current, of recognized value and quality, and fully disclosed. Whenever practicable, a copy of such materials shall be supplied as an appendix. The preparer(s) of the EIS shall be a recognized and qualified person(s) to make such reports, such as a professional engineer with environmental training and experience, or an environmental scientist. No preparer shall purport to offer findings, analysis or conclusions as to matters, subjects or elements as to which the preparer is unqualified except to summarize and distill the findings, analysis and conclusions of qualified persons or source materials to the extent of the preparer's qualifications. Utilization of expert analysis in special disciplines such as soil science, geology and cultural resources is distinctly favored.

Required Elements of Consideration. Every EIS shall be based upon affirmative study of the following elements:

The natural environment.

Prevailing subsurface water supplies and quality; hydrogeology; surface water and natural drainage patterns; watercourses and open waters (including man-made impoundments); aquifer recharge and discharge areas.

Prevailing soils and geology, including but not limited to erodible soils, carbonate rock formations, topography, wetlands and flood plains.

Prevailing woodlands, mature forests, specimen trees, and other vegetation.

Terrestrial and aquatic wildlife presence, habitats and patterns, including (and particularly) those of rare and endangered species.

Open space conditions.

The built or man-made environment.

Historic landmarks, artifacts and other cultural and social resources.

Scenic vistas and aesthetic values, including visual resource lands.

Prevailing architecture.

Local farms and farmlands; established fields, farm roads, stone rows, and other linear features.

Water supply and sanitary sewage facilities; stormwater drainage structures.

Lighting levels.

Prevailing air quality.

Prevailing noise levels.

Prevailing traffic conditions.

Community facilities and infrastructure, including the condition of affected public streets.

Community services.

Prevailing fiscal affairs and property tax revenues of municipal government.

Prevailing economic and employment conditions.

Affected Township communities, neighborhoods, and land use patterns.

Affected subdivision and development sites which are adjacent or proximate to the subject property and awaiting development.

Population patterns and distribution.

Fire and police protection.

Local businesses and industries.

School impact.

Planning guides.

Township Master Plan.

County and Regional Plans.

State Development and Redevelopment Plan.

Master Plans of adjacent municipalities (where and to the extent implicated).

This chapter.

Required Impact Analysis. Upon consideration of all elements described in paragraph e of this section, the preparer shall analyze and report, on an objective basis, the projected adverse or beneficial impacts of the proposed development on each such element, which analysis and report shall include but, wherever appropriate, not be limited to the following:

As to the Natural Environment. The manner by and extent to which the project is anticipated to diminish, compromise, jeopardize, destroy, displace, disturb or, alternatively, protect, preserve, conserve, enhance, harmonize or be reconciled with or otherwise affect or implicate each particular feature or element of study required under this paragraph.

As to the Built or Man-made Environment. The manner by and extent to which the proposed project is anticipated to diminish, compromise, jeopardize, destroy, displace, disturb or, alternatively, protect, preserve, conserve, enhance, harmonize or be reconciled with, or otherwise affect or implicate each particular feature or element of study required under this paragraph.

Alternatives. In order to provide an objective and empirical analysis of the features and elements of subsections e and f of this section pursuant to subsection g of this section, the preparer shall consider and report the alternatives to the proposed project including:

That of no project;

That of one or more alternative projects, layouts or designs that would or might have resulted in less negative environmental impacts;

That of conventional-versus-cluster development where residential development is proposed;

The rationale for rejection of any alternative plan shall be clearly and objectively expressed in the EIS.

Licenses, Permits and Other Approvals. Every EIS shall contain a list of all licenses, permits and other approvals known or believed to be required for the disturbance, improvement, construction and operation of the subject site or tract. The list shall include but not be limited to those approvals required by any local, county, state or federal agency. A copy of any approval obtained as of the date of the EIS shall be appended thereto. A statement of status shall be supplied as to all other approvals.

References and Supporting Authority. Every EIS shall contain a list and explanatory statement as to opinions, publications, studies, reports and other resources relied upon by the preparer. All resources shall be footnoted where appropriate throughout the text of the EIS. Meetings and conferences involving other sources, resources and/or agencies shall be disclosed.

Community Impact. Without limitation to the requirements of any other subsection of this section, every EIS shall contain a component analysis of the anticipated impact of the proposed development on the Township community with respect to municipal finances (including estimated changes in tax receipts, fiscal outlay for municipal services, and anticipated additional demands on existing municipal services and facilities); estimated number and types of jobs to be created; and calculation of the number of school-age children anticipated to be associated with the project.

Analysis of Water Supply, Sewerage and Stormwater. The following information shall be provided as a component of or in a companion document with an EIS:

Water Supply.

§ 30-616 ENVIRONMENTALLY SENSITIVE AREA CALCULATIONS.

If supply is from on-site sources: location of water supply sources; description of water supply facilities, including type, depth, and pumping rates; location and depth of private and public water supplies and septic systems within 500 feet of the proposed water sources; geologic evaluation of subsurface conditions including statements on the following in accordance with the wellhead protection Section 30-617:

Long-term evaluation of adequacy of supply to serve the project by quantitative and qualitative analysis;

Evaluation of possible interference of and with existing private and public water supplies;

Evaluation of water table conditions and aquifer recharge capability.

If supply is to be from public facilities off-site:

Name of public facility;

Point(s) of interconnection and description of interconnecting facilities;

Pressure requirements;

Projected water usage stated in average daily usage (gallons per day);

Peak daily usage (gallons per day) and peak hourly usage (gallons per hour).

Sewerage Facilities. A description of the sewerage facilities that will be utilized, including the following:

If disposal is to be on-site: data on underlying geology, water table, depth of rock, soils, analysis, soil stratigraphy, percolation tests for each sewage disposal site, topography, location and depth of aquifers, depth, capacity and type of construction and location of all wells which have been recorded or which information can be obtained from inquiries to adjacent property owners within 500 feet of site; soil logs and percolation tests for each disposal site as witnessed by the Department of Health, and other pertinent data made appropriate by the nature and scope of the project; or

If disposal is off-site: projected sewer discharges stated in average daily flows (gallons per day) for initial phase and five and ten-year projections. A description shall be provided as to the type of process; projected daily flows; physical characteristics including temperature, biological characteristics, and chemical characteristics, including description of any toxic components.

If treatment is to be by public facilities: name of public facility and point of connection and description of interconnecting facilities.

If project is to include treatment facilities discharging into a stream or watercourse: location of treatment facilities; receiving stream and data on stream classification, water quality, seven-day low-flow at ten-year frequency; description of treatment facilities and proposed effluent quality; evaluation of initial and future deleterious effects on use of stream for water supply, recreation and aquatic and terrestrial wildlife. Evaluation shall include effects of nutrients on downstream ponds and lakes.

Stormwater. (See also the RSIS design standards and Chapter 32 Stormwater Control)

Peak rates and volume of stormwater runoff expected from undeveloped site and to be generated by proposed project; include rates for ten-, fifteen-, twenty-five-, fifty- and 100-year storm frequencies having durations equal to the time of concentration.

Comparison of existing vegetative cover with that which is proposed.

Analysis of changes in peak rates and volume of stormwater runoff and runoff coefficients caused by changes in land use, and analysis of whether any increased incidents of flooding caused by increased stormwater runoff due to the proposed project are anticipated.

Submission of plans for disposition of stormwater and attempts to delay the time of concentration by the use of detention basins or other acceptable methods.

Submission of soil erosion and sediment control plan in accordance with Sussex County Soil Conservation District requirements.

§ 30-614 TRAFFIC IMPACT STUDY.

[Ord. No. 2007-04]

When Required. The Board may require a traffic impact study in connection with any application for preliminary approval if, in the opinion of the Board, the development could have an adverse impact on the off-site or off-tract roadway network, ingress/egress, or on-site circulation. All applications involving more than a projected trip generation of 50 trips or more per day shall be accompanied by a traffic impact statement.

General Provisions. The traffic impact study shall be prepared by a New Jersey licensed professional engineer having appropriate training and experience.

All relevant sources of information used in the preparation of such statement shall be identified.

Submission Requirements. All traffic impact studies shall provide a description of the impact and effect of the proposed land development upon all roads which are adjacent to or immediately affected by the projected traffic and shall specifically address the following items:

Existing conditions in the vicinity of the proposed project, including:

Roadway network

Representative traffic counts, excluding holidays, summer periods or other known periods of lower use

Traffic accident statistics

Availability of public transportation

Level of service of adjacent roadways

Traffic projected to be generated by the proposed development, including:

Trip generation

Trip distribution

Modal split

Trip assignment

Level of service under proposed conditions

Traffic impacts expected from the proposed development as a result of change in existing conditions.

Explanation of Traffic Reduction/Traffic Management Plans necessary or appropriate pursuant to any current state or county requirements, and, where applicable, reconciliation with appropriate County Transportation Management Areas (TMA).

Recommendations for alleviating or diminishing any possible congestion or disruption to the established traffic pattern.

Any other information requested by the Board reasonably required to make an informed assessment of potential traffic impacts.

§ 30-615 (RESERVED)

[Ord. No. 2007-04]

The minimum lot area of each new residential lot shall be increased based upon the constraint limitations and density adjustment factors of the lot as provided below so that the adjusted net area of each resulting lot shall not be less than permitted in each zone. The total allowable number of single-family dwellings within a subdivision and the minimum size of an individual lot shall be calculated based on the constraints calculations of the land. The following density adjustment factors shall be applied to the various building constraints listed below and shall be used to calculate the allowable number of dwelling units on a tract and to adjust the permitted lot size accordingly:

DENSITY ADJUSTMENT FACTORS
Building Constraint Group		Density Adjustment Factor (Single-Family Dwelling Per Acre)
I	Slopes 25% or More	.20
II	Slopes 15-24%	.33
III	Seasonal High Water Table at Surface	.33
IV	Seasonal High Water Table Within 1-3 feet of the Surface	.50
V	Shallow Depth to Bedrock - 0 to 3.5 feet below the surface	.33
VI	Depth to Bedrock 3.5 Feet or More	1.00
VII	Rock Outcrop	.33
VIII	Flood Plain, Wetlands and Wetlands Buffer	.0
IX	Unconstrained	1.00

If there is more than one constraint category on a tract, density and minimum lot sizes shall be calculated by multiplying the total acres within one or more constraint categories by the most stringent of the relevant density adjustment factors.

Density. The maximum allowable number of single-family dwellings of a tract shall be calculated based upon the sum of the total number of acres identified in each building constraint category times the corresponding density adjustment factor provided above. These density calculations are not required for any zone where the density is one housing unit per five acres or more, provided other provisions of this zoning criteria such as contiguous minimum developable areas are satisfied.

Lot Size. The minimum area permitted for each new lot within a minor or major subdivision shall be calculated as follows:

The area of any lot shall be sufficient to provide that the summation of all the products of the building constraints areas (acres) times the density adjustment factor (units per acre) shall equal at least the minimum lot size permitted in the zone. Because the most limiting constraint will result in a maximum lot size of five acres (other than flood plains, etc. where no construction can occur), these calculations are not required in any zone where the minimum lot size is five acres or more, or where the lots proposed to be created are five acres or more.

§ 30-617 AQUIFER AND WELLHEAD PROTECTION.

[Ord. No. 2007-04]

The purpose of this section is to provide the Township with guidelines for an aquifer protection and aquifer/well testing ordinance to determine adequate groundwater supply for residential and commercial development in areas not served by public water supply.

Aquifer and Wellhead Protection.

Because abandoned and faulty wells are a prime avenue of pollutants reaching the aquifer, for major subdivisions, a plot plan with locations of all existing wells must be submitted to the Township Engineer. Every effort including records search and field investigations must be employed to locate existing wells. The assistance of a licensed well driller should be sought when belowground wells (casing does not come above ground surface) are probable (old farmsteads, abandoned houses, foundations). If there are no existing wells, a letter from the applicant's engineer so stating must be submitted. A field inspection may be required.

A "statement of intent" as to which wells, if any, are to remain in use and which wells are to be abandoned must be submitted to the Township for each project. Well status must also be designated on the plot plan in paragraph a1 above.

All existing wells which do not meet present N.J.A.C. 7:10 "Standards for the Construction of Public Non-Community and Non-Public Water Systems" standards must be brought up to those standards or certified sealed by a licensed well driller prior to site improvements. Temporary exception can be made for wells in use, and existing wells, which will be used as monitor wells during pumping tests. Requests must be made to the Township Engineer.

All wells which are to be abandoned as per paragraph a2 above must also be sealed and certified by a licensed well driller prior to site alteration or improvements and aquifer well testing.

Joint patterns should be taken into consideration when locating wells and septic systems. Because vertical joints are abundant, every effort should be made so that wells and septics are not along the same joint line, and to maximize separation.

A wellhead protection area may be reserved as "open spaces" on the upgradient side of the cluster of domestic wells in a subdivision. Location and size of the wellhead protection areas for each subdivision will be determined on a case-by-case basis.

Aquifer Testing for Commercial/Industrial/Multi-Family Residential Development.

Projected water demand of the project must be determined in accordance with N.J.A.C. 7:10 "Standards for the Construction of Public Non-Community and Non-Public Water Systems."

If the project water demand is 100,000 gallons per day (gpd) or more, the applicant must obtain a water diversion permit from the New Jersey Department of Environmental Protection and Energy. Pumping tests must be in accordance with NJGS GSR 29, "Guidelines for Preparing Hydrogeologic Reports for Water-Allocation Permit Applications." A copy of the permit application must be submitted to the Township for review.

If the projected water demand is less than 100,000 gpd but greater than or equal to 50,000 gpd, at least two observation wells are required in accordance with the testing procedure set forth in paragraph b2 above. One observation well should be located along structure, and one across structure from the test/production well. Existing wells, on- and off-site may be used as observation wells with the owners' permission. Any owner of an existing well within 500 feet or the zone of influence, whichever is greater, of the test/production well may request monitoring of that well as an observation well at the applicant's expense. Locating and accessing the well shall be at the observation well owner's risk and expense. The owner of the observation well shall sign a release holding the well tester harmless for any inconvenience. The observation well should be sampled for coliform before and after the pumping test. The applicant is required to chlorinate and resample any observation well contaminated with coliform during testing.

If the project water demand is greater than 3,000 gpd but less than 50,000 gpd, one test/production well, and one observation well are required. An existing well may be used as the monitoring well subject to the conditions stipulated in paragraph b3 above. Any owner of an existing well within 500 feet or the zone of influence, whichever is greater, of the test/production well may request monitoring of that well as an observation well at the applicant's expense, and subject to the conditions stipulated in paragraph b3 above. An aquifer pumping test of 24 hours followed immediately by a standard recovery test must be conducted on the test/production well. Discharge must be metered. Draw down during the pumping test must be monitored in the pumping and monitor wells.

For any test conducted under paragraph b, water samples shall be collected near the end of the pumping test and analyzed as per Table 1.

TABLE 1
pH
Hardness
Fe
Mn
Nitrate
Chloride
Coliform bacteria
VO scan
Pesticides
Herbicides
Plus additional tests as per the September 2002 New Well Testing Act. The pumping rate and total gallons pumped should demonstrate that the needed water is available without detrimental impact on the aquifer or nearby wells.
The test/production well site shall be chosen by applicant's hydrogeologist to maximize yield and minimize interference with other wells. The hydrogeologist must design and oversee the pumping test.

A geologic and hydrogeologic report containing appropriate maps, well logs, pumping test data, information on nearby wells, on-site water balance, results of the water analyses, discussion of the adequacy of the water supply and local/regional effects on the water table, and recommendations must be prepared by the applicant's hydrogeologist, and submitted to the Township for review.

The report shall be reviewed by the Township Engineer who may require additional testing or information.

Monies to cover all review expenses must be escrowed prior to preliminary site plan approval.

Aquifer Testing for Single-Family Residential Developments. For all major subdivisions, an aquifer test and hydrogeologic report shall be submitted and reviewed prior to granting of preliminary subdivision approval. Aquifer testing and data to be included in the report are as follows:

The average daily, peak day, and average yearly water demand for each subdivision of two or more lots must be determined according to guidelines in N.J.A.C. 7:10-12.7; peak day is twice the average daily demand.

The minimum number of test wells required is based on the number of lots, and the acreage of the tract to be developed as per Table 2.

Table 2
Lots	Wells
4 to 10	2 test wells, 1 pumping test
11 to 25	3 test wells, 1 pumping test
26 to 50	4 test wells, 1 pumping test
> 50	4 test wells plus 1 additional test well for each additional 25 lots or part thereof; at least 4 test wells per 100 acres. More wells may be needed depending on geology and well yield; 1 pumping test per each 50 lots or part thereof. Each pumping well must have an observation well within 500 feet. More pumping tests than indicated in Table 2 may be needed to pump the estimated water demand of a project in a 24-hour period, depending upon the yield of the test wells.

Wells should be located by applicant's hydrogeologist on lots so that they may become the domestic supply for that lot. Locations should take into consideration:

Aerial distribution of test wells on the tract,

Geologic variability beneath the site,

EXISTING OUTDOOR WOOD FURNACE

Topography,

(d)

Geologic structures, joints, faults, etc., and

(e)

Two wells in each group should be located on adjacent proposed lots and along the dominant joint direction. One of these wells should be the pump-tested well in each group.

Wells must be constructed in accordance with N.J.A.C. 7:10 "Standards for the Construction of Public Non-Community and Non-Public Water Systems." Each test well must have a locking cap.

Pumping Test(s). The pumping test(s) shall be designed by applicant's hydrogeologist to pump at least the average daily water demand and preferably the peak day demand at the highest rate possible. For 50 or more lots, the peak day demand plus 20% additional must be pumped.

The pumping test(s) must last at least four hours, and up to 24 hours. Test(s) must be conducted in accordance with standard methods. All test wells shall be monitored for draw down by reliable methods; dip tubes should be installed for this purpose in a pumping well. Discharge must be metered, and channeled away from the wellhead. The pumping test must be followed immediately by a standard recovery test to 90% recovery in the pumping well. If the water level has not recovered to 90% in one hour, a water level should at least be taken the following morning to be sure that the level has recovered to 90% of static.

The pumping rate, total gallons pumped, amount of draw down and recovery rate should demonstrate that the needed water is available without detrimental impact on the aquifer or nearby wells.

Water samples must be collected near the end of the pumping test(s) and be analyzed as per Table 1 above, or as required by the Township Engineer. Projects of 50 or more lots must test for all Public Community Water Supply standards.

A geologic and hydrogeologic report containing appropriate maps, well logs, pumping test data, information on nearby wells, on-site water balance, results of the water analyses, discussion of the adequacy of the water supply and local/regional effects on the water table, and recommendations, must be prepared by the applicant's hydrogeologist, and submitted to the Township Engineer for review. For 50 or more lots, the hydrogeologic report must also be reviewed by N.J.D.E.P.

The report will be reviewed by the Township Engineer who may require additional testing or information.

Monies to cover all review expenses must be escrowed prior to preliminary subdivision approval.

Individual Well Testing. Any new well constructed in the Township which has a yield of less than five gpm is subject to the "Two-Part Pump Test" (Hoffman and Canace, 1985, NJGS Ground-Water Report Series No. 1) in order to demonstrate that the well is capable of supplying the water demand for the size house planned.

Testing procedure and recording are to be in accordance with the above NJGS report.

Testing shall be witnessed by the Township Engineer.

Any owner of an existing well within 300 feet of the new well may request monitoring of their well as an observation well at the applicant's expense, and subject to the conditions stipulated in paragraph b3. If well interference is significant (the column of water standing above the pump in the observation well is drawn down by 50%), the new and existing well must be pumped at the same time to insure adequate water for both.

An approved water supply for the proposed house size is required before a building permit can be issued.

A witness and processing fee must be paid to the Township as set forth in Section 30-807.

§ 30-618 OUTDOOR WOOD FURNACES.

[Ord. No. 2011-07 § 18]

Definitions. For the purposes of this section, the following definitions apply:

CHIMNEY

A flue or flues that carry off exhaust from an outdoor wood furnace firebox or burn chamber.

Means an outdoor wood furnace that was purchased and installed prior to the effective date of this section and has been issued an appropriate Certificate of Approval ("CA"). The existing furnaces shall at a minimum meet EPA and NJDEP air emission requirements. (Ordinance No. 2011-07, codified herein, was adopted August 16, 2011).

NATURAL WOOD

Means wood, which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.

NEW OUTDOOR WOOD FURNACE

Means an outdoor wood furnace that is first installed, established or constructed after the effective date of this section.

SIGNIFICANT CHANGES IN ELEVATION

Means any natural or man-made objects, such as hills, ridgelines, stone outcroppings, tree lines, and structures, which are greater than 30 feet in height above the natural grade of the outdoor wood furnace.

Regulations Pertaining to Construction and Installation.

No person shall, from the effective date of this section, construct, install, establish, operate or maintain an outdoor wood furnace other than in compliance with the applicable sections of this section.

No person shall, from the effective date of this section, operate an existing outdoor wood furnace, unless such operation conforms with the manufacturer's instructions regarding such operation and maintenance, and the requirements of this section regarding fuels that may be burned in an outdoor wood furnace as set forth in this section.

All new outdoor wood furnaces shall be constructed, established, installed, operated and maintained in conformance with the manufacturer's instructions and the requirements of this section. In the event of a conflict, the requirements of this section shall apply unless the manufacturer's instructions are stricter, in which case the manufacturer's instructions shall apply.

Permits Required.

All persons, or authorized representatives, planning to install an outdoor wood furnace shall obtain a zoning permit from the Zoning Department and a permit from the Building Department and submit required documentation in accordance with this section. These permits shall be in addition to any other permits, such as plumbing, electrical, and other subcode permits and fees, as required by the Building Department. A Certificate of Approval (CA) shall be obtained prior to operation, as defined by burning of fuel, connection of electric, and connection of plumbing.

The owner of any new outdoor wood furnace shall obtain a permit to operate an outdoor wood furnace and submit the following documents:

The manufacturer's owner's manual or installation instructions to the Building Department prior to installation.

Site Plan.

For the purpose of this section, a site plan may be prepared by the owner of the property and does not require a professional engineer or surveyor. The most recent survey for the property should be used and indicate all structures in the owner's property. The site plan shall indicate the location of the furnace and height of the chimney. The site plan shall at a minimum show the metes and bounds of owner's property and straight line distance from the outdoor wood furnace to 1) property lines, 2) owner's residence, and 3) all residential and commercial structures within 500 feet. Significant changes in elevation within 200 feet of the outdoor wood furnace, such as ridgelines, hilltops, and tree lines, shall be indicated on the Site Plan.

Nuisance. If an existing outdoor wood furnace is, through the course of a proper investigation by local or State authorities, creating a verifiable nuisance, as defined by ordinance or law, the owner shall be required to eliminate the nuisance:

Modifications made to the unit to eliminate the nuisance such as extending the chimney or relocating the outdoor wood furnace or both, as specified in this section or any other additional permits as are required.

Cease and desist operating the unit until reasonable steps can be taken to ensure that the outdoor wood furnace will not be a nuisance.

Demonstrate, where instructions are available, that the outdoor wood furnace is installed in compliance with manufacturer's instructions.

Regulations Pertaining to Operation, Area, Setbacks and Chimney Height.

Outdoor wood furnaces shall be constructed, established, installed, operated and maintained pursuant to the following conditions:

Fuel burned in any new or existing outdoor wood furnace shall be only natural untreated wood, wood pellets, corn products, biomass pellets or other listed fuels specifically permitted by the manufacturer's instructions such as fuel oil, natural gas, propane backup, or used motor oil.

Outdoor wood furnace must be located on a lot of two acres regardless of the zoning district.

The location of any new or existing outdoor wood furnace shall not be located in front yard of any lot, or if in the front yard area, cannot be seen from the roadway as determined by the Zoning Official.

(d)

The following fuels are strictly prohibited in any new and/or existing outdoor wood furnaces:

Wood that has been painted, varnished or coated with similar material and/or has been pressure treated with preservatives and contains resins or glues as in plywood or other composite wood products.

Rubbish or garbage, including but not limited to food wastes, food packaging, food wraps.

Any plastic materials including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.

Rubber, including tires or other synthetic rubber-like products.

(5)

Newspaper, cardboard, or any paper with ink or dye products.

(6)

Any other items not specifically allowed by the manufacturer or this provision.

Setbacks for any New Outdoor Wood Furnace Model:

The outdoor wood furnace setback from property lines shall comply with the Frankford Township Ordinance requirements for accessory structures in each zoning district.