Township of Chesterfield, NJ Design and Performance Standards

Editor's Note: Former §§ 130-50 through 130-74, as amended, all of which repeat sections of the Residential Site Improvement Standards, N.J.A.C. 5:21 et seq., were repealed 12-30-2010 by Ord. No. 2010-18. See now § 130-49, Residential development design; nonresidential development parking standards.

§ 130-75 Stormwater management.

[Amended 4-13-2006 by Ord. No. 2006-2; 12-14-2006 by Ord. No. 2006-12; 2-25-2021 by Ord. No. 2021-2]

Scope and purpose.

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

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

Applicability.

This section shall be applicable to the following major developments:

Nonresidential major developments; and

Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21.

This section shall also be applicable to all major developments undertaken by the Township of Chesterfield.

An application required by Subsection A(3)(a) above that has been submitted prior to the adoption of the most recent amendment to this section shall be subject to the stormwater management requirements in effect on the day immediately prior to the adoption of the most recent revisions to this section.

[Added 10-26-2023 by Ord. No. 2023-17]

An application required by Subsection A(3)(a) above that has been submitted on or after March 2, 2021, but prior to the adoption date of the most recent amendment to this section, shall be subject to the stormwater management requirements in effect on the day immediately prior to the adoption of the most recent revisions to this section.

[Added 10-26-2023 by Ord. No. 2023-17]

Notwithstanding any rule to the contrary, a major development for any public roadway or railroad project conducted by a public transportation entity that has determined a preferred alternative or reached an equivalent milestone before July 17, 2023, shall be subject to the stormwater management requirements in effect prior to July 17, 2023.

[Added 10-26-2023 by Ord. No. 2023-17]

CAFRA CENTERS, CORES OR NODES

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

Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.

Those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.

CAFRA PLANNING MAP

The map used by the Department to identify the location of Coastal Planning Areas, CAFRA Centers, CAFRA Cores, and CAFRA Nodes. The CAFRA Planning Map is available on the Department's Geographic Information System (GIS).

COMMUNITY BASIN

An infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this section.

COMPACTION

The increase in soil bulk density.

CONTRIBUTORY DRAINAGE AREA

The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.

CORE

A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY

An agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:

A county planning agency; or

EMPOWERMENT NEIGHBORHOODS

A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

DEPARTMENT

The Department of Environmental Protection.

DESIGN ENGINEER

A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

DESIGNATED CENTER

A State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural land, "development" means any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

DISTURBANCE

The placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.

DRAINAGE AREA

A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.

Neighborhoods designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.

ENVIRONMENTALLY CONSTRAINED AREA

The following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership, such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

ENVIRONMENTALLY CRITICAL AREA

An area or feature which is of significant environmental value, including but not limited to stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

GREEN INFRASTRUCTURE

A stormwater management measure that manages stormwater close to its source by:

Treating stormwater runoff through infiltration into subsoil;

Treating stormwater runoff through filtration by vegetation or soil; or

HUC 14 or HYDROLOGIC UNIT CODE 14

Storing stormwater runoff for reuse.

An area within which water drains to a particular receiving surface water body, also known as a "subwatershed," which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

IMPERVIOUS SURFACE

A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

INFILTRATION

The process by which water seeps into the soil from precipitation.

LEAD PLANNING AGENCY

One or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee pursuant to N.J.A.C. 7:8-3.2 that serves as the primary representative of the committee.

MAJOR DEVELOPMENT

An individual development, as well as multiple developments that individually or collectively result in:

The disturbance of one or more acres of land since February 2, 2004;

The creation of 1/4 acre or more of regulated impervious surface since February 2, 2004;

The creation of 1/4 acre or more of regulated motor vehicle surface since March 2, 2021, or the effective date of this section, whichever is earlier; or

A combination of Subsection B(1)(b) and (c) above that totals an area of 1/4 acre or more. The same surface shall not be counted twice when determining if the combination area equals 1/4 acre or more.

NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL

Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection B(1)(a), (b), (c) or (d) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."

MOTOR VEHICLE

Land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low-speed vehicles. For the purposes of this definition, "motor vehicle" does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.

MOTOR VEHICLE SURFACE

Any pervious or impervious surface that is intended to be used by motor vehicles and/or aircraft, and is directly exposed to precipitation, including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.

MUNICIPALITY

Any city, borough, town, township, or village.

The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with Subsection D(6) of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.

NODE

An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

NUTRIENT

A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERSON

Any individual, corporation, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

PUBLIC ROADWAY OR RAILROAD

A pathway for use by motor vehicles or trains that is intended for public use and is constructed by, or on behalf of, a public transportation entity. A public roadway or railroad does not include a roadway or railroad constructed as part of a private development, regardless of whether the roadway or railroad is ultimately to be dedicated to and/or maintained by a governmental entity.

[Added 10-26-2023 by Ord. No. 2023-17]

PUBLIC TRANSPORTATION ENTITY

A federal, state, county, or municipal government, an independent state authority, or a statutorily authorized public-private partnership program pursuant to P.L. 2018, c. 90 (N.J.S.A. 40A:11-52 et seq.), that performs a public roadway or railroad project that includes new construction, expansion, reconstruction, or improvement of a public roadway or railroad.

[Added 10-26-2023 by Ord. No. 2023-17]

RECHARGE

The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

REGULATED IMPERVIOUS SURFACE

Any of the following, alone or in combination:

A net increase of impervious surface;

The total area of impervious surface collected by a new stormwater conveyance system (for the purpose of this definition, a "new stormwater conveyance system" is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created);

The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or

REGULATED MOTOR VEHICLE SURFACE

The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.

Any of the following, alone or in combination:

The total area of motor vehicle surface that is currently receiving water;

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)

A net increase in motor vehicle surface; and/or quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.

SEDIMENT

Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

SITE

The lot or lots upon which a major development is to occur or has occurred.

SOIL

All unconsolidated mineral and organic material of any origin.

An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.

STATE PLAN POLICY MAP

The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.

STORMWATER

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

STORMWATER MANAGEMENT BMP

An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE

Any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.

STORMWATER MANAGEMENT PLANNING AGENCY

A public body authorized by legislation to prepare stormwater management plans.

STORMWATER MANAGEMENT PLANNING AREA

The geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.

STORMWATER RUNOFF

Water flow on the surface of the ground or in storm sewers resulting from precipitation.

TIDAL FLOOD HAZARD AREA

A flood hazard area in which the flood elevation resulting from the two-, ten-, or 100-year storm, as applicable, is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent of the storm surge from a particular storm event, a flood hazard area may be tidal in the 100-year storm but fluvial in more frequent storm events.

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD

A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.

URBAN ENTERPRISE ZONES

A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.

URBAN REDEVELOPMENT AREA

Previously developed portions of areas:

Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;

Designated as CAFRA Centers, Cores or Nodes;

Designated as Urban Enterprise Zones; and

Designated as Urban Coordinating Council Empowerment Neighborhoods.

WATER CONTROL STRUCTURE

A structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.

WATERS OF THE STATE

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

WETLANDS or WETLAND

An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."

Design and performance standards for stormwater management measures.

Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:

The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.

The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.

The standards in this section apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or water quality management plan adopted in accordance with Department rules.

Stormwater management requirements for major development.

The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection J.

Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).

The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(16), (17) and (18).

The construction of an underground utility line, provided that the disturbed areas are revegetated upon completion;

The construction of an aboveground utility line, provided that the existing conditions are maintained to the maximum extent practicable; and

The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.

A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(15), (16), (17) and (18) may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:

The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;

The applicant demonstrates through an alternatives analysis that, through the use of stormwater management measures, the option selected complies with the requirements of Subsection D(15), (16), (17) and (18) to the maximum extent practicable;

The applicant demonstrates that, in order to meet the requirements of Subsection D(15), (16), (17) and (18), existing structures currently in use, such as homes and buildings, would need to be condemned; and

The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(4)(c) above within the upstream drainage area of the receiving stream that would provide additional opportunities to mitigate the requirements of Subsection D(15), (16), (17) and (18) that were not achievable on site.

Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection D(15), (16), (17) and (18). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f), Tables 5-1, 5-2 and 5-3, and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Register a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at https://dep.nj.gov/stormwater/bmp-manual/.

[Amended 10-26-2023 by Ord. No. 2023-17]

Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this section, the BMP tables in the Stormwater Management Rule at N.J.A.C. 7:8-5.2(f) shall take precedence.

Table 1 Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Cistern	0	Yes	No	—
Dry well^(a)	0	No	Yes	2
Grass swale	50 or less	No	No	2^(e) 1^(f)
Green roof	0	Yes	No	—
Manufactured treatment device^{(a) (g)}	50 or 80	No	No	Dependent upon the device
Pervious paving system^(a)	80	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Small-scale bioretention basin^(a)	80 or 90	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Small-scale infiltration basin^(a)	80	Yes	Yes	2
Small-scale sand filter	80	Yes	Yes	2
Vegetative filter strip	60-80	No	No	—

Table 2 Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Bioretention system	80 or 90	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Infiltration basin	80	Yes	Yes	2
Sand filter^(b)	80	Yes	Yes	2
Standard constructed wetland	90	Yes	No	N/A
Wet pond^(d)	50-90	Yes	No	N/A

Table 3 BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Blue roof	0	Yes	No	N/A
Extended detention basin	40-60	Yes	No	1
Manufactured treatment device^(h)	50 or 80	No	No	Dependent upon the device
Sand filter^(c)	80	Yes	No	1
Subsurface gravel wetland	90	No	No	1
Wet pond	50-90	Yes	No	N/A

Notes to Tables 1, 2, and 3:
(a)	Subject to the applicable contributory drainage area limitation specified at Subsection D(15)(b);
(b)	Designed to infiltrate into the subsoil;
(c)	Designed with underdrains;
(d)	Designed to maintain at least a ten-foot-wide area of native vegetation along at least 50% of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation;
(e)	Designed with a slope of less than 2%;
(f)	Designed with a slope of equal to or greater than 2%;
(g)	Manufactured treatment devices that meet the definition of "green infrastructure" at Subsection B;
(h)	Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B.

An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection F(2). Alternative stormwater management measures may be used to satisfy the requirements at Subsection D(15) only if the measures meet the definition of "green infrastructure" at Subsection B. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection D(15)(b) below are subject to the contributory drainage area limitation specified at Subsection D(15)(b) below for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection D(15)(b) below shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from Subsection D(15).

Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact on the groundwater table and design the site so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.

Design standards for stormwater management measures are as follows:

Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);

Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection H(3);

Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall be deemed to meet this requirement;

Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection H; and

The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of 2 1/2 inches in diameter.

Manufactured treatment devices may be used to meet the requirements of this section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B may be used only under the circumstances described at Subsection D(15)(d).

(11)

Any application for a new agricultural development that meets the definition of "major development" at Subsection B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection D(15), (16), (17) and (18) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.

(12)

If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17) and (18) shall be met in each drainage area, unless the runoff from the drainage areas converge on site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.

(13)

Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the Burlington County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(15), (16), (17) and (18) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection J(2)(e). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.

(14)

A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection D of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the Burlington County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection D(13) above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection D(13) above.

(15)

Green infrastructure standards.

This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.

To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection D(16) and (17), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection D(6) and/or an alternative stormwater management measure approved in accordance with Subsection D(7). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:

Best Management Practice	Maximum Contributory Drainage Area
Dry well	1 acre
Manufactured treatment device	2.5 acres
Pervious pavement systems	Area of additional inflow cannot exceed three times the area occupied by the BMP
Small-scale bioretention systems	2.5 acres
Small-scale infiltration basin	2.5 acres
Small-scale sand filter	2.5 acres

To satisfy the stormwater runoff quantity standards at Subsection D(18), the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Subsection D(7).

If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection D(7) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17) and (18).

For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection D(16), (17) and (18), unless the project is granted a waiver from strict compliance in accordance with Subsection D(4).

(16)

Groundwater recharge standards. This subsection contains the minimum design and performance standards for groundwater recharge as follows:

The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:

Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual pre-construction groundwater recharge volume for the site; or

Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the projected two-year storm, as defined and determined pursuant to Subsection E(4) of this section of the Township Code, is infiltrated.

[Amended 10-26-2023 by Ord. No. 2023-17]

This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or to projects subject to Subsection D(16)(c) below.

The following types of stormwater shall not be recharged:

Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied; areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with a Department-approved remedial action work plan approved pursuant to the administrative requirements for the remediation of contaminated sites rules, N.J.A.C. 7:26C, or a Department landfill closure plan and areas; and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and

[Amended 10-26-2023 by Ord. No. 2023-17]

Industrial stormwater exposed to source material. "Source material" means any material(s) or machinery, located at an industrial facility that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.

(17)

Stormwater runoff quality standards.

This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of 1/4 acre or more of regulated motor vehicle surface.

Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:

Eighty percent TSS removal of the anticipated load, expressed as an annual average, shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.

If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.

The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection D(17)(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.

The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 4, below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.

Table 4 - Water Quality Design Storm Distribution
Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)
1	0.00166	41	0.1728	81	1.0906
2	0.00332	42	0.1796	82	1.0972
3	0.00498	43	0.1864	83	1.1038
4	0.00664	44	0.1932	84	1.1104
5	0.00830	45	0.2000	85	1.1170
6	0.00996	46	0.2117	86	1.1236
7	0.01162	47	0.2233	87	1.1302
8	0.01328	48	0.2350	88	1.1368
9	0.01494	49	0.2466	89	1.1434
10	0.01660	50	0.2583	90	1.1500
11	0.01828	51	0.2783	91	1.1550
12	0.01996	52	0.2983	92	1.1600
13	0.02164	53	0.3183	93	1.1650
14	0.02332	54	0.3383	94	1.1700
15	0.02500	55	0.3583	95	1.1750
16	0.03000	56	0.4116	96	1.1800
17	0.03500	57	0.4650	97	1.1850
18	0.04000	58	0.5183	98	1.1900
19	0.04500	59	0.5717	99	1.1950
20	0.05000	60	0.6250	100	1.2000
21	0.05500	61	0.6783	101	1.2050
22	0.06000	62	0.7317	102	1.2100
23	0.06500	63	0.7850	103	1.2150
24	0.07000	64	0.8384	104	1.2200
25	0.07500	65	0.8917	105	1.2250
26	0.08000	66	0.9117	106	1.2267
27	0.08500	67	0.9317	107	1.2284
28	0.09000	68	0.9517	108	1.2300
29	0.09500	69	0.9717	109	1.2317
30	0.10000	70	0.9917	110	1.2334
31	0.10660	71	1.0034	111	1.2351
32	0.11320	72	1.0150	112	1.2367
33	0.11980	73	1.0267	113	1.2384
34	0.12640	74	1.0383	114	1.2400
35	0.13300	75	1.0500	115	1.2417
36	0.13960	76	1.0568	116	1.2434
37	0.14620	77	1.0636	117	1.2450
38	0.15280	78	1.0704	118	1.2467
39	0.15940	79	1.0772	119	1.2483
40	0.16600	80	1.0840	120	1.2500

If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

R = A + B - (A x B)/100

Where:
R	=	total TSS percent load removal from application of both BMPs;
A	=	the TSS percent removal rate applicable to the first BMP; and
B	=	the TSS percent removal rate applicable to the second BMP.

Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection D(16), (17) and (18).

In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.

The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.

Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.

These stormwater runoff quality standards do not apply to the construction of one individual single-family dwelling, provided that it is not part of a larger development or subdivision that has received preliminary or final site plan approval prior to December 3, 2018, and that the motor vehicle surfaces are made of permeable material(s) such as gravel, dirt, and/or shells.

(18)

Stormwater runoff quantity standards.

This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.

In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection E, complete one of the following:

[Amended 10-26-2023 by Ord. No. 2023-17]

Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the current and projected two-, ten-, and 100-year storm events, as defined and determined in Subsection E(3) and (4), respectively, of this section of the Township Code, do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events;

Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for the current and projected two-, ten- and 100-year storm events, as defined and determined pursuant to Subsection E(3) and (4), respectively, of this section of the Township Code, and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;

Design stormwater management measures so that the post-construction peak runoff rates for the current and projected two-, ten- and 100-year storm events, as defined and determined in Subsection E(3) and (4), respectively, of this section of the Township Code, are 50%, 75% and 80%, respectively, of the pre-construction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or

In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection D(18)(b)[1], [2] and [3] above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three, will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.

The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.

Calculation of stormwater runoff and groundwater recharge.

Stormwater runoff shall be calculated in accordance with the following:

The design engineer shall calculate runoff using the following method:

[Amended 10-26-2023 by Ord. No. 2023-17]

The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://directives.sc.egov.usda.gov/viewerFS.aspx?hid=21422 or at the United States Department of Agriculture Natural Resources Conservation Service, New Jersey State Office.

For the purpose of calculating curve numbers and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "curve number" applies to the NRCS methodology above at Subsection E(1)(a). A curve number or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

[Amended 10-26-2023 by Ord. No. 2023-17]

In computing pre-construction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce pre-construction stormwater runoff rates and volumes.

In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 - Urban Hydrology for Small Watersheds or other methods may be employed.

If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.

Groundwater recharge may be calculated in accordance with the following: the New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf; or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420, Mail Code 29-01, Trenton, New Jersey 08625-0420.

The precipitation depths of the current two-, ten-, and 100-year storm events shall be determined by multiplying the values determined in accordance with Subsection E(3)(a) and (b) below:

[Added 10-26-2023 by Ord. No. 2023-17]

The applicant shall utilize the National Oceanographic and Atmospheric Administration (NOAA), National Weather Service's Atlas 14 Point Precipitation Frequency Estimates: NJ, in accordance with the location(s) of the drainage area(s) of the site. This data is available at: https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj; and

The applicant shall utilize Table 5: Current Precipitation Adjustment Factors, below, which sets forth the applicable multiplier for the drainage area(s) of the site, in accordance with the county or counties where the drainage area(s) of the site is located. Where the major development lies in more than one county, the precipitation values shall be adjusted according to the percentage of the drainage area in each county. Alternately, separate rainfall totals can be developed for each county using the values in the table below.

Table 5: Current Precipitation Adjustment Factors
County	Current Precipitation Adjustment Factors
County	2-year Design Storm	10-year Design Storm	100-year Design Storm
Atlantic	1.01	1.02	1.03
Bergen	1.01	1.03	1.06
Burlington	0.99	1.01	1.04
Camden	1.03	1.04	1.05
Cape May	1.03	1.03	1.04
Cumberland	1.03	1.03	1.01
Essex	1.01	1.03	1.06
Gloucester	1.05	1.06	1.06
Hudson	1.03	1.05	1.09
Hunterdon	1.02	1.05	1.13
Mercer	1.01	1.02	1.04
Middlesex	1.00	1.01	1.03
Monmouth	1.00	1.01	1.02
Morris	1.01	1.03	1.06
Ocean	1.00	1.01	1.03
Passaic	1.00	1.02	1.05
Salem	1.02	1.03	1.03
Somerset	1.00	1.03	1.09
Sussex	1.03	1.04	1.07
Union	1.01	1.03	1.06
Warren	1.02	1.07	1.15

Table 6: Future Precipitation Change Factors, provided below, sets forth the change factors to be used in determining the projected two-, ten-, and 100-year storm events for use in this chapter, which are organized alphabetically by county. The precipitation depth of the projected two-, ten-, and 100-year storm events of a site shall be determined by multiplying the precipitation depth of the two-, ten-, and 100-year storm events determined from the National Weather Service's Atlas 14 Point Precipitation Frequency Estimates pursuant to Subsection E(3)(a) above, by the change factor in the table below, in accordance with the county or counties where the drainage area(s) of the site is located. Where the major development and/or its drainage area lies in more than one county, the precipitation values shall be adjusted according to the percentage of the drainage area in each county. Alternately, separate rainfall totals can be developed for each county using the values in the table below.

[Added 10-26-2023 by Ord. No. 2023-17]

Table 6: Future Precipitation Change Factors
County	Future Precipitation Change Factors
County	2-year Design Storm	10-year Design Storm	100-year Design Storm
Atlantic	1.22	1.24	1.39
Bergen	1.20	1.23	1.37
Burlington	1.17	1.18	1.32
Camden	1.18	1.22	1.39
Cape May	1.21	1.24	1.32
Cumberland	1.20	1.21	1.39
Essex	1.19	1.22	1.33
Gloucester	1.19	1.23	1.41
Hudson	1.19	1.19	1.23
Hunterdon	1.19	1.23	1.42
Mercer	1.16	1.17	1.36
Middlesex	1.19	1.21	1.33
Monmouth	1.19	1.19	1.26
Morris	1.23	1.28	1.46
Ocean	1.18	1.19	1.24
Passaic	1.21	1.27	1.50
Salem	1.20	1.23	1.32
Somerset	1.19	1.24	1.48
Sussex	1.24	1.29	1.50
Union	1.20	1.23	1.35
Warren	1.20	1.25	1.37

Sources for technical guidance.

[Amended 10-26-2023 by Ord. No. 2023-17]

Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department's website at https://dep.nj.gov/stormwater/bmp-manual/.

Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3.

Additional maintenance guidance is available on the Department's website at https://dep.nj.gov/stormwater/maintenance-guidance/.

Submissions required for review by the Department should be mailed to the Division of Watershed Protection and Restoration, New Jersey Department of Environmental Protection, Mail Code 501-02A, PO Box 420, Trenton, New Jersey 08625-0420.

Solids and floatable materials control standards. Site design features identified under Subsection D(6) above, or alternative designs in accordance with Subsection D(7) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection G(2) below.

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

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

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

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

The standard in Subsection G(1) above does not apply:

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

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

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

A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or

A bar screen having a bar spacing of 0.5 inch.

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

Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the water quality design storm as specified in N.J.A.C. 7:8; or

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

Safety standards for stormwater management basins.

This subsection sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This subsection applies to any new stormwater management BMP.

The provisions of this subsection are not intended to preempt more stringent county safety requirements for new or existing stormwater management BMPs. County stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection H(3)(a), (b), and (c) for trash racks, overflow grates, and escape provisions at outlet structures.

Requirements for trash racks, overflow grates and escape provisions.

A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management BMP to ensure proper functioning of the BMP outlets in accordance with the following:

The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;

The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;

The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack; and

The trash rack shall be constructed of rigid, durable, and corrosion-resistant material and designed to withstand a perpendicular live loading of 300 pounds per square foot.

An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:

The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.

The overflow grate spacing shall be no greater than two inches across the smallest dimension.

[Amended 10-26-2023 by Ord. No. 2023-17]

The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.

Stormwater management BMPs shall include escape provisions as follows:

If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection H(3), a freestanding outlet structure may be exempted from this requirement;

Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See Subsection H(5) for an illustration of safety ledges in a stormwater management BMP; and

In new stormwater management BMPs, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.

Variance or exemption from safety standard. A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.

Safety ledge illustration.

Elevation View - Basin Safety Ledge Configuration

Requirements for a site development stormwater plan.

Submission of site development stormwater plan.

Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection I(3) below as part of the submission of the application for approval.

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

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

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

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

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

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

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

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

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

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

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

Calculations.

Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection D of this section.

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

Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J.

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

Maintenance and repair.

Applicability. Projects subject to review as in § 130-75A(3) of this chapter shall comply with the requirements of Subsection J(2) and (3).

General maintenance.

The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.

The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.

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

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

If the party responsible for maintenance identified under Subsection J(2)(c) above is not a public agency, the maintenance plan and any future revisions based on Subsection J(2)(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.) of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.

The party responsible for maintenance identified under Subsection J(2)(c) above shall perform all of the following requirements:

Maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders;

Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and

Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection J(2)(f) and (g) above.

The requirements of Subsection J(2)(c) and (d) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.

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

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

Maintenance guarantee.

In accordance with the provisions of N.J.S.A. 40:55D-53(b), the developer shall post with the municipality, upon the inspection and issuance of final approval of the following private site improvements by the Municipal Engineer, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, inflow and water quality structures within the basins, and the outflow pipes and structures of the stormwater management system, which cost shall be determined according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).

The term of the maintenance guarantee shall be for a period not to exceed two years and shall automatically expire at the end of the established term.

The maintenance guarantee shall be made payable and deposited to Chesterfield Township and shall be in the form of cash, irrevocable letter of credit, certified check, or a surety bond in which the applicant shall be principal, the bond to be provided by an acceptable surety company licensed to do business in the State of New Jersey. Irrevocable letters of credit shall be accepted only pursuant to N.J.S.A. 40:55D-53.5. Maintenance bonds shall be in the standardized format established by the New Jersey Department of Community Affairs pursuant to the provisions of N.J.S.A. 40:55D-53a.

Penalties. Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the following penalties:

Maximum penalty. For violation of any provision of this section, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days, or such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just.

Separate violations. Each and every day in which a violation of any provision of this section exists shall constitute a separate violation.

Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a minimal penalty or no penalty at all, may be appropriate for a particular case or violation, except in those instances where state law mandates a minimum penalty to be imposed.

Enforcement. The Chesterfield Township Code Enforcement Officer and Police Department are the enforcement agents of this chapter.

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

§ 130-76 (Reserved) [1]

Editor's Note: Former § 130-76, Stormwater management water quality (N.J.A.C. 5:21-7.6) as amended 4-13-2006 by Ord. No. 2006-2, was repealed 12-14-2006 by Ord. No. 2006-12.

§ 130-77 (Reserved) [1]

Editor's Note: Former § 130-77, Corrugated metal pipe specifications, was repealed 12-30-2010 by Ord. No. 2010-18.

§ 130-78 Easements.

As a condition of approval of any application for major development, easements for utility installation may be required. Such easements shall be at least 25 feet wide for one utility, five additional feet for each additional utility and be located in consultation with the utility companies or Township departments concerned and, to the fullest extent possible, be centered on or adjacent to rear or side lot lines.

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

The removal of trees and ground cover shall be prohibited in a conservation easement or Flood Hazard District except that the removal of dead or diseased trees, limited thinning of trees and growth to encourage the most desirable growth and the removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds or lakes shall be permitted.

The boundary line of any easement shall be monumented at its intersection with all existing or proposed street lines. Easements dedicated to the Township shall be approved by the Township Committee after review by the Attorney for the Approving Authority.

Boundary markers shall be required, to demarcate any easement boundaries and photographs shall be required to document same. The markers shall be permanent and located a minimum of every 100 feet.

Equestrian trails. Provision for and preservation of existing bridle trails, if feasible, is encouraged in subdivisions, whenever such trails traverse a site or a portion thereof. Where preservation of an existing trail alignment imposes practical difficulties for future lot utilization, the trail should be realigned, whenever practicable and as agreed to by the developer, so as to maintain the integrity of the trail.

§ 130-78.1 Maintenance of surface water runoff control structures and measures.

[Added 12-27-2002 by Ord. No. 2002-17]

Maintenance.

At the time of approval of the plan, responsibility for continued maintenance of surface water runoff control structures and measures shall be stipulated and recorded in the resolution of approval.

Where continued maintenance is to be the responsibility of the applicant, a proposed maintenance agreement, a form to be provided by the Township, shall be submitted. The agreement shall specify maintenance responsibility and standards during and after completion of the proposed activity and, upon approval, shall be recorded by the applicant in the office of the County Clerk. The applicant shall thereafter file a copy of the recorded agreement with the Township. The Township shall retain the right to enter and make repairs and improvements where necessary to ensure that all control measures as well as measures dedicated to surface water retention or groundwater recharge are adequately maintained and preserved. The Township may charge the owner for the costs of these services if such maintenance is his responsibility.

Where continued maintenance of a detention basin is to be the responsibility of the Township, the following provisions may apply:

The applicant shall maintain the basin during the construction phase of the project.

As a condition of final approval prior to release of performance guarantees and prior to acceptance of the basin by the Township, the applicant shall enter into an escrow agreement with the Township, which agreement shall include a statement that the escrow contribution is made in consideration of the Township assuming all future maintenance of the basin. The form of agreement shall be provided by the Township. The agreement, upon execution, shall be recorded by the applicant in the office of the County Clerk. The applicant shall thereafter file a copy of the recorded agreement with the Township.

Escrow contribution.

The amount of the escrow contribution shall be based upon area of the detention basin on an acreage basis, which shall include the plan area at the top of the bank plus an additional 25 feet at the top of the bank encircling the basin. The amount of the escrow contribution shall be calculated according to the following formula:

Twelve thousand per acre of area of basin, plus $25,000 per basin for repairs and major maintenance.

The total of the above shall be multiplied by a factor of 1.1 to cover the cost of the first year of maintenance.

The minimum contribution, regardless of the size of the basin, shall be $37,000.

Upon certification by the Township Engineer that the project be complete and the guarantee for the project may be released, acceptance of the basin by the Township shall be specifically stated in the resolution authorizing the guarantee release. The Township shall retain from the cash portion of the guarantee a sum equal to the escrow contribution calculated by the Township Engineer in accordance with the formula in Subsection A(3)(c) above. In the event the cash portion of the guarantee is less than the escrow contribution, the developer shall post the deficit in cash prior to release of the guarantee. Any interim guarantee reductions authorized by the Township shall not be construed to mean that all of any part of the detention basin has been accepted by the Township, nor shall any such interim reduction reduce the cash portion of the guarantee to an amount less than the escrow contribution.

The escrow contribution does not include maintenance of the lot or open space area in which the detention basin is located.

A requirement of a maintenance agreement for the stormwater management facility only applies to situations where the facility is located on land to be dedicated to the Township. This maintenance agreement is for the upkeep and care of the facility and is separate and distinct from the maintenance agreement for any site improvement as set forth in N.J.S.A. 4055D-53(a)(2).

As-built certification. Prior to the acceptance by the Township of any surface water management facilities, the developer's engineer shall certify that said facilities were constructed in accordance with the approved plan.

Maintenance plan.

[Added 4-13-2006 by Ord. No. 2006-2]

The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design that shall be submitted for review and approval.

The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual. The maintenance plan will identify the person determined in § 130-78.1A(1) having the responsibility for maintenance and shall include documentation of such person’s agreement to assume this responsibility.

If the person responsible for maintenance identified under § 130-78.1A(1) above is not the Township, the maintenance plan and any future revisions thereto shall also be recorded as stipulated in § 130-78.1A(2).

Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.

The person responsible for maintenance identified under § 130-78.1A(1) shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.

The person responsible for maintenance identified under § 130-78.1A(1) shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.

The person responsible for maintenance identified under § 130-78.1A(1) shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan, and the documentation required by this section.

In the event that a stormwater management facility not owned and maintained by the Township becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the Township shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the Township Engineer or his designee. The Township, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the Township may immediately proceed to do so and shall bill the cost thereof to the responsible person.

Nothing in this subsection shall preclude the Township from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

§ 130-79 Tree cutting and tree removal.

Standards for protection. Submission of site plans or subdivision shall include information on existing trees over 18 inches in caliper (DBH). All persons shall exercise due care to protect trees which are to be retained from damage during construction. The following procedures shall be observed in order to protect remaining trees.

Protection from mechanical injury.

Prior to any grubbing or clearing, all trees in an area of 25 feet from the trees to be protected shall be protected from equipment damage by enclosing the dripline within sections of snow fence or by other suitable means. All exposed roots, trunks and low-hanging branches shall be equally protected. Groups of trees may be protected by fencing the entire area where they are located.

Compaction of the ground by mechanical, vehicular or other means within the dripline area shall not be permitted.

Feeder roots should not be cut within the dripline. Unavoidable cuts shall be made with pruning shears or other tools which shall make a clean cut.

Tree trunks and exposed roots accidentally damaged during construction shall be protected from further damage. Damaged branches shall be sawed off at the branch collar. No shellac or pruning paint shall be used. When the portion of the tree that is to be removed is diseased, the pruning equipment shall be dipped in alcohol prior to use on another tree to prevent the spread of the disease.

Deciduous trees shall be given an application of liquid, slow-release, low-nitrogen, all-purpose fertilizer to aid in their recovery from possible damage caused by construction operations. Such application shall be made at a distance of one foot from the trunk to the dripline and shall be made as soon as construction is completed and again one year after the first application has been made.

Trees shall not be used for roping, cables, signs or fencing. Nails and spikes shall not be driven into trees.

The area around the base of existing trees shall be left open to provide access for water and nutrients. No impervious cover, storage of equipment, materials, debris or fill shall be allowed within the dripline of any existing tree. In the event that no other storage area is available on site, materials may be stored for a period not to exceed three months.

Trees being removed shall not be felled, pushed or pulled into a tree protection zone or into trees that are to be retained.

Protection from grade change.

Increase in grade. If an increase in the grade of the land is proposed, the developer shall install either:

A system of gravel and drain tiles at the old soil level which opens into a dry well built around the trunk and designed for each tree, individually fitting the contour of the land so that it drains water away from the tree trunk; or

A retaining wall between the existing grade and the higher grade. A detailed plan for each proposed retaining wall shall be provided.

Lowering the grade. If a lowering grade is proposed, one of the following methods to protect the trees shall be initiated:

Terracing the grade at the dripline and out from the tree.

A retaining wall between the existing grade and the lower. A detailed plan for each proposed retaining wall shall be provided.

Excessive grade change. If the proposed grade change, in the opinion of the Environmental Commission or such other body or persons as designated by resolution of the Township Committee, is too excessive to allow the retention of existing trees, the developer shall be required to replace the trees to be removed on the basis of one inch of new tree diameter for every four inches of tree diameter to be removed. Replacement trees shall be from native species and shall be approved by the Environmental Commission or such body or persons as designated by resolution of the Township Committee.

Protection from excavation. Trenches for utility lines or other similar uses shall adhere to the following, listed in descending order of preference:

Trenches shall bypass the root area, unless the Environmental Commission or such other body or persons as designated by resolution of the Township Committee determines that no other practical alternative exists; in which case

Trenches should be tunneled under the trees, unless the Environmental Commission or such other body or persons as designated by resolution of the Township Committee determines that no practical alternative exists; in which case

Trenches may be dug within the dripline of a tree, provided that the following precautions shall be observed:

Trenches shall be no closer to the trunk than half the distance from the dripline.

Roots shall be cut with sharp instruments to reduce the potential damage to the tree.

The trench shall be backfilled within the shortest amount of time possible and the soil shall not be compacted.

Protection during cleanup.

All construction debris shall be hauled to an approved landfill and shall not be burned or buried.

Snow fences, barriers or other tree protection devices shall be the final item to be removed from the site prior to occupancy.

Planting of new trees.

Placement of trees lost during construction or illegal removal. The Township and the Environmental Commission or such other body or persons as designated by resolution of the Township Committee shall be consulted before any replacement trees are planted and shall approve or disapprove the species proposed for planting. New trees shall have a minimum diameter of 2 1/2 inches measured six inches above the ground. Planting shall be in accordance with the standards specified by the American Nurserymen's Association.

Criteria for selection of new trees. Replacement trees shall be of the same species that were removed or, with the Township Committee's approval, with other tree species native to Burlington County (see attached list[1] of recommended replacement trees). In selecting replacement trees, the following criteria shall be used in their selection. These guidelines shall also be followed in site planning to determine which trees shall be retained or removed.

Positive criteria:

A species that is long-lived.

A species that is native to the area.

The hardiness of the tree, including but not limited to wind firmness, climate requirements and the characteristic of the soil.

A species with good aesthetic value, including autumnal coloration, flower and fruit types and tree shape.

A low incidence of exfoliating bark, branch drop and pruning.

The protection of buildings from wind, sun and other climatic characteristics.

The encouragement of wildlife residence.

The suitability of size at maturity to the tree's function.

[9]

The ability to retain soil and control erosion.

[10]

The ability to reduce noise.

[11]

Provide for public health and safety.

[12]

Enhance watershed protection.

[13]

Maintain the historic and cultural influence of the community.

Negative criteria.

Susceptibility to insect and disease attack and to air or water pollution.

Existence of disease, rot or other damage to the individual tree.

Editor's Note: See § 130-79B(3).

Recommended replacement trees.

	Acer rubrum (cvs, w)	Red maple
	Acer saccharum (cvs)	Sugar maple
	Amelanchier species (cvs)	Shadblow
	Betula nigra (cvs, w, f)	River birch
	Carpinus caroliniana (f)	American hornbean
	Celtis occidentalis (cvs, f)	Hackberry
	Cercis canadensis (cvs)	American redbud
	Cornus florida (cvs)	White dogwood
	Crataegus crusgalli (cvs, f)	Thornless hawthorn
	Crataegus phaenopyrum (cvs, f)	Washington hawthorn
	Crataegus viridis (cvs, f)	"Winter King" hawthorn
	Franklinia alatamaha	Franklinia
	Fraxinus americana (cvs)	American white ash
	Fraxinus pennsylvanica (cvs)	Green ash
	Gleditsia triacanthos (cvs)	Continental honeylocust
	Gymnocladus dioicus	Kentucky coffeetree
	Halesia tetraptera (f)	Carolina silverbell
	Liquidambar styraciflua (cvs, w, f)	Sweetgum
	Liriodendron tulipifera (f)	Tulip tree
	Platanus occidentalis (w)	American sycamore
	Quercus alba	White oak
	Quercus bicolor (w)	Northern red oak
	Quercus coccinea	Scarlet oak
	Quercus imbricaria	Shingle oak
	Quercus palustris (w)	Pin oak
	Quercus phellos	Willow oak
	Quercus shummardii	Shumard oak
	Ulmus americana (cvs)	American elm
	Pinus strobus	White pine
	Picea rubra	Red spruce
	Picea pungens	Colorado spruce
	Pseudotsuga menziesii	Douglas fir
	Picea mariana	Black Hills spruce
	Ilex opaca (f)	American holly
	Metasequoia glyptostroboides	Dawn redwood
	NOTES:
	cvs = Cultivars
	w = wet site tolerant
	f = fall planting hazard
	Tree size shall be a minimum of 2 1/2 inches minimum caliper, B&B, 13 to 15 feet height at time of planting.

Criteria for plan approval and compliance.

Trees on a proposed building site or within 30 feet around a foundation location may be removed but may not exceed any setback requirements if they are less than 30 feet from the foundation.

Trees may be removed where the proposed paved portion of a parking area is planned. In off-street parking areas, other than for a single-family dwelling, islands of trees must be left. No paving of any impervious nature shall be placed within 10 feet of the trunk of any tree and the grade shall be such that drainage of rainwater will keep the root area watered without pooling or exceeding the requirements of the species. Excess water shall be admitted to dry wells or storm sewers of the parking lot or drained by other acceptable means.

Trees may be removed in private rights-of-way and driveways within 10 feet of each side of the planned paved area. Alignment of the driveways should be planned to save as many trees as possible.

If no area other than a wooded area or area with trees can be found to accommodate the sewage system and disposal field, meeting the approval of the municipal sanitary inspector, necessary tree removal shall be permitted.

Where more than three inches of fill is required around trees, the trees must be protected by an air well six feet in diameter or as needed around the trunk to prevent the intrusion of soil. Tile pipe must radiate like spokes from the well to provide oxygen to the roots. The top of the well must extend six inches above the graded level. If the tree is of a species that will eventually die due to root disturbance or change in drainage or the owner prefers to remove the tree, it may be removed and replaced with another tree after the fill has stabilized.

Any grading operation must protect standing trees from machine operation, soil storage or material storage by a distance equal to or greater than the dripline of the tree through the use of snow fencing four feet high erected around the dripline, as per the State of New Jersey Standards for Soil Erosion and Sediment Control, prior to the commencement of construction. Any live tree which is substantially damaged as a result of grading or general construction must be replaced with another tree. A tree shall be substantially damaged when at least 1/2 of the tree bark shall be destroyed up to a height not to exceed four (diameter breast height) feet measured from the ground.

A buffer zone of trees and shrubs shall be established according to the requirements of the Zoning Ordinance.

Cluster development, commercial development and industrial development shall consider the use of treeless areas, if possible, for building sites. If it is necessary, in the case of such developments, to develop wooded areas or remove trees for proposed building sites, the Planning Board may require tree planting in treeless areas.

Trees in the area between the street line and the setback line of the building shall be preserved to the greatest extent possible.

Tree removal from any slope or environmentally sensitive area is prohibited if it will contribute, in the opinion of the Township, the Township Engineer or Township Planner/Landscape Architect, to extra runoff of surface water onto adjoining property and erosion and silting, unless other means approved by the Municipal Engineer are provided to prevent runoff and erosion.

No healthy tree that is special by virtue of history, unusual size or age or of a rare species shall be removed except as may be required for the protection of health, safety or public welfare.

(l)

No trees on public rights-of-way, parks or public areas are to be removed by private individuals or utilization except as approved by the officer designated by the governing body. The removal of trees shall not be permitted from a Master Plan road right-of-way unless trees are dead, diseased or endanger life or property or a letter of approval is obtained from the governing body or community development director. Conversely, no trees are to be planted on public rights-of-way without express approval of the Township.

§ 130-80 Landscape standards.

Every applicant for subdivision or site plan approval shall comply with the following minimum standards, except that, with respect to the alternative design concepts set forth below, the applicant may choose between the concepts or present an alternate design equal or superior to the design concepts in terms of quantity of landscaping materials and suitability to the site and to the proposed development. The approving board may require additional landscaping, if necessary, to create an appropriate landscaping scheme for the site, given the nature of the site and the proposed development thereof. Where subdivisions only are applied for, the minimum standards shall apply only to street trees and to common open space and areas proposed to be dedicated to the public.

General. Landscape plans shall conform to the following general design principles:

Use landscaping to accent and complement building, e.g., groupings of tall trees to break up long, low buildings and lower plantings for taller buildings.

Locate landscaping to provide for climate control, e.g., shade trees on the south to shield the hot summer sun and evergreens on the north side for windbreaks.

Provide for a variety and mixture of landscaping. The variety shall consider susceptibility to disease, colors, season, textures, shapes, blossoms and foliage.

Local soil conditions and water availability shall be considered in the choice of landscaping.

Consider the impact of any proposed landscaping plan at various time intervals so that, e.g., shrubs do not grow and eventually block sight distances or encroach upon road or sidewalks.

All landscape plants shall be typical full specimens conforming to the American Association of Nurserymen Standards and/or Landscape Plans and Specifications for quality and installation.

Assure that no aspect of the landscape design inhibits access to a development by emergency vehicles.

Native plant species shall be given preference over non-native species and used where appropriate to maintain the existing character of the Township.

[Added 4-13-2006 by Ord. No. 2006-2]

Street trees. Street trees shall be provided for all streets.

Spacing between trees shall be determined based upon species and the desired concept. In general, trees should be between 30 and 50 feet on center.

The use of more than one variety of street tree along a roadway shall be provided in order to avoid problems associates with monoculture.

Trees shall be planted in groupings of similar varieties. Use trees of similar form, height and character along a roadway to promote uniformity and allow for smooth visual transition between species.

Tree variety selection shall be based upon on-site conditions and tree suitability to these conditions. A Street Tree Selection Guide and matrix with the approved street tree list shall be followed.

Trees should be a minimum of three inches to 3 1/2 inches caliper (based upon American Nurserymen Standards). Within sight triangles, a single tree may be permitted only with site-specific approval of the Township Engineer. Such trees, including those at driveways, shall be of such size as will enable them to be immediately pruned up to seven feet branching height upon planting.

No street trees shall be planted or replanted within the park strip of any street or road in the Township. The "park strip" means that area of grass between the edge of a sidewalk and the curb or pavement line of the adjacent street. Street trees shall be planted toward the developable portion of a lot, not nearer than four feet to the edge of the sidewalk. Where no sidewalk exists or is contemplated, street trees shall be planted 10 feet from the edge of the street paving.

[Added 7-9-2015 by Ord. No. 2015-8]

No street trees shall be planted within any utility easement.

[Added 7-9-2015 by Ord. No. 2015-8]

Street trees shall be maintained by the property owner or, if within the street right-of-way, by the property owner adjacent to the right-of-way in accordance with the provisions of § 152-6 and 170-29A of the Township Code.

[Added 7-9-2015 by Ord. No. 2015-8]

Culs-de-sac. Cul-de-sac islands provide an opportunity to create visual interest, soften the harshness of a large paved area, increase groundwater recharge, screen headlight glare into residences and preserve existing vegetation.

All plant material shall exhibit a mature height under 30 inches or above seven feet with no more than three trunks in order to allow for proper visibility.

All plants shall be tolerant of harsh, dry roadside conditions.

Ground cover plantings shall be consistent with the degree of maintenance expected for the culs-de-sac and of sufficient density to entirely cover the ground plane.

Stormwater. Stormwater management areas include retention and detention basins, drainage ditches and swales and wetland areas. Sensitively designed basins and swales can benefit the health, welfare and safety of Township residents. This may involve integration of these areas as aesthetic landscape features, naturalized wetland areas or active and passive recreation areas, in addition to their stormwater management function.

Stormwater detention areas.

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

The quantity of trees to be planted on the interior of the basins shall be equal to the number of trees that would be necessary to cover the entire area, based upon a twenty-foot by twenty-foot grid to the high water line or outflow elevation. Of this number, 10% shall be two-inch to two-and-one-half-inch caliper, 20% shall be one-inch to two-inch inch caliper and 70% shall be six-foot to eight-foot height whips. The trees shall be planted in groves and spaced five feet to 15 feet on center.

The ground plane shall be seeded with a naturalization, wildflower and/or wet meadow grass mix. The specific blend shall be approved by the Township Landscape Architect.

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

	Trees and Shrubs Recommended for Wet Sites
	Amelanchier alleghiensis	Allegheny serviceberry
	Viburnum recognitum	Arrowwood viburnum
	Aronia melanocarpa	Black chokeberry
	Nyssa sylvatica	Black gum
	Salixi nigra	Black willow
	Acer negundo	Box elder
	Cephalanthus occidentalis	Button bush
	Sambucus canadensis	Elderberry
	Betula populifolia	Gray birch
	Fraxinus pennsyanicum	Green ash
	Vaccinium corymbosum	Highbush blueberry
	Ilex glabra	Inkberry holly
	Quercus palustris	Pin oak
	Salix	Pussy willow
	Aronia arbutifolia	Red chokeberry
	Acer rubrum	Red maple
	Cornus	Red twig dogwood
	Betula nigra	River birch
	Amelanchier canadensis	Shadblow serviceberry
	Cornus amomum	Silky dogwood
	Acer saccharinum	Silver maple
	Alnus serrulata	Smooth alder
	Lindera benzoin	Spicebush
	Salix	Streamco willow
	Rhododendron viscosum	Swamp azalea
	Rosa palustris	Swamp rose
	Quercus bicolor	Swamp white oak
	Magnolia virginiana	Sweetbay magnolia
	Liquidambar styraciflua	Sweetgum
	Clethra alnifolia	Sweet pepperbush
	Platanus occidentalis	Sycamore
	Itea virginica	Virginia sweetspire
	Ilex verticillata	Winterberry holly

Planting shall not be located within 10 feet of low flow channels to allow for maintenance.

The perimeter area (slopes above the high water line) shall include shade trees (approximately 60 per 1,000 linear feet), evergreen trees (approximately 30), ornamental trees and shrubs screening drainage structures and creating visual interests.

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

Plantings are not permitted upon any dikes associates with a detention basin unless approved by the Township Engineer.

Stormwater retention areas - open space/recreation features. This landscape treatment can take on a variety of landscape forms, from formal reflecting pools and canals or entry fountain features to natural park-like lakes and ravines.

Water fountains/features are encouraged in the design of research and developments.

The waters edge shall be easily maintained and stable. Possible treatments might include riprap, stone walls, natural plantings, decking and bulkheads.

The planting of the perimeter of the feature shall accentuate views and interest and integrate pedestrian paths, sitting areas and other uses.

Plantings shall include formal or informally massed deciduous and evergreen trees and shrubs to screen and frame views with ornamental trees, shrubs and grasses used for visual interest or special effects. A continuous landscape area shall be provided.

If used as a recreational feature, the connection to the water must be addressed and controlled. The types of uses shall be specified and the plantings and pedestrian spaces shall be integrated with these uses.

Plants with pervasive root systems shall not be located where they may cause damage to drainage pipes or other underground utilities.

All engineered basin structures shall be designed to blend into the landscape in terms of construction materials, color, grading and planting.

Open space. Common or public open space provided as a part of any cluster development shall be landscaped in one of the following ways, depending upon the intent of the use for the open space.

Preservation open space and wildlife communities. This treatment is appropriate in areas adjacent to and inclusive of natural amenities to be preserved, such as wildlife corridors as designated within the Chesterfield Township Wildlife and Natural Resources Study, wooded areas, water bodies, streams and wetlands, as well as other undevelopable areas. The following standards shall apply:

Use open space and wildlife corridors as designated within the Chesterfield Township Wildlife and Natural Resources Study to preserve existing natural amenities during site planning.

Provide pedestrian walkways and bridges as necessary to connect to open space on adjacent tracts of land.

Cleared areas shall be renaturalized where appropriate.

The planting quantities and sizes for renaturalized areas shall be as per renaturalization standards.

The ground plane shall be seeded with a naturalization wildflower and/or meadow grass mix. The specific blend shall be approved by the Township Landscape Architect.

Recreation open space. Recreational open space includes lands provided for active recreation and passive recreation and as additions to park lands. It can take on many forms, from a tot lot or tennis and swimming complex in a residential development to an English landscape garden in an office development. The landscape treatment of these areas shall address safety, visual interest, microclimate and use. The following standards shall apply:

The proposed use of all open space areas shall be indicated and comply with Township ordinances.

Open space in commercial, office or similar developments shall include sitting and outdoor eating areas. Provisions for other active and passive recreation facilities is encouraged.

Grading and plantings of the recreation area shall remain consistent with the overall landscape design. The landscape design shall consist of massed deciduous and evergreen trees and berms to create spaces and views and ornamental trees and shrub masses for visual variety, interest and detail.

Plants shall be provided in a mix of sizes with shade trees averaging two-to-two-and-one-half-inch caliper, ornamental and evergreen trees averaging six to eight feet in height and shrubs 24 inches to 36 inches in height.

In general, plants shall be provided at the following rate. These quantities do not include plants necessary to achieve screening, which shall be provided.

Shade trees: 15 per acre.

Evergreen trees: five per acre.

Flowering shrubs: three per acre.

Shrubs: 20 per acre.

Irrigation of all open space/planted areas within nonresidential developments shall be provided.

All plants shall be tolerant of specific site conditions, which shall be indigenous species. Exotic, invasive plant species are not permitted.

Suggested improvements for residential recreation open space areas include a tot lot (play structure with slide and a separate swing set), an open air shelter, an open lawn area for open field play, pedestrian pathways and benches. Other improvements shall be provided as required by ordinance based upon population.

The adjacent residences shall be partially screened from play areas using berms and planting.

If a recreation facility fronts onto a roadway, a post and rail fence or other protective measures may be integrated to provide protection and separation. The adjacent street tree planting shall be continued along this area and any reverse frontage buffer planting shall be integrated with open space planting.

All open space should optimally be located centrally within a development. In large developments, several smaller facilities may be appropriate. Adequate access from buildings, roadways and other open space areas shall be provided. Pedestrian easements between lots, connecting to open space areas in another development or a public facility, shall be provided.

Buffers. Landscaping buffers are areas provided to minimize and screen any adverse impacts or nuisances on a site or from any adjacent area. Included within any landscape buffer area shall be a landscape strip consisting of trees, conifers, shrubs, berms and, if appropriate, fences or walls and providing a completely planted visual barrier. In areas of less than 25 feet in width, the provisions of the windbreak/heavy buffer requirements shall be followed.

Nonconforming use buffer. These buffers shall be provided where a residential zone abuts an area currently used or zoned for a different or higher intensity use (except for agricultural uses). The following landscape treatment shall be provided to assure complete visual screening.

Provide a buffer area as per Zoning Ordinance yard/setback requirements.

Preserve existing trees within the provided landscape buffer area. If existing vegetation is insufficient, the landscape strip shall be supplemented with new understory plantings of shade-tolerant coniferous and ornamental trees in naturalistic groupings in order to provide a complete visual screen.

Areas void of existing vegetation shall receive landscape treatment including berming and planting consisting of groupings of predominantly evergreen trees, with deciduous and ornamental trees and shrubs for visual interest and variety.

Berming shall be two feet to eight feet in height and meander in a naturalistic manner without adversely affecting natural drainage.

Planting shall consist of evergreen trees of a minimum height of six feet to eight feet planted 10 feet on center, shade trees two-and-one-half-to-three-inch caliper, flowering trees four feet to five feet in height and shrubs two feet high, planted in naturalistic groupings of mixed plant varieties and sizes.

Reverse frontage buffer. Reverse frontage screening shall be required where residential units and/or lots back onto any arterial or major collector street. The following landscape treatments shall be provided in order to screen private residential spaces from the roadway.

Provide a continuous landscape/sidewalk easement or open space strip of not less than 50 feet in width.

Preserve existing trees within the provided landscape buffer area. Supplement understory with shade tolerant naturalistic massed plantings of evergreen and ornamental trees in order to complete screening of residences. Meander sidewalk into new plantings and, as necessary, to preserve existing trees.

Filtered buffer. Filtered screening shall be required around the perimeter of parking areas and where interior roads run parallel with other roads, parking areas or the perimeter of a site in order to screen unsafe distractions and avoid confusion. The following standards shall apply:

Provide landscape buffer area of 25 feet in width or as per Zoning Ordinance front yard requirements, whichever is greater.

Preserve existing trees within the landscape buffer area. If existing vegetation is insufficient, the landscape strip shall be supplemented with new understory plantings of shade-tolerant coniferous and ornamental trees in naturalistic groupings.

In areas of necessary disturbance, existing quality vegetation shall be relocated for use in other areas. Detailed plans for tree removal and relocation must be made on plans and in the field (tag trees) for review and inspection.

The landscape design shall provide shade for parking areas and evergreen and ornamental trees to screen nuisances and emphasize appropriate views.

All plants shall be tolerant of harsh roadside conditions.

If a twenty-five-foot landscape strip cannot be provided, a row of evergreen trees or a combination of a low wall and berm with planting may be required.

Windbreak/heavy screening. Windbreak screening shall be required where necessary to provide windbreak or to stop windborne debris from leaving a site. Windbreak/heavy screening areas shall be determined by the Planning Board and the Environmental Commission. This type of screening may also be required in undersized buffer areas or around outdoor storage facilities. The following standards shall apply:

Provide a landscape strip consisting of a double staggered row of evergreen trees of six feet to eight feet in height spaced eight feet on center.

If a landscape buffer area is less than 10 feet wide or windborne debris is produced, then a fence may be required in addition to planting.

All outdoor storage facilities shall be screened with a landscape strip. If the strip is less than 10 feet wide, a fence shall be required.

If a fence is required, it shall be six feet high and of a design consistent with the architecture of the principal building. Planting shall be included in any fencing plan.

Parking areas. The objectives of the landscape architectural treatment of all parking areas shall be to provide for safe and convenient movement of vehicles, to limit pedestrian/vehicular conflicts, to limit paved areas, to provide for screening from public right-of-way and buildings, to soften the overall visual impact of parking lots and to provide shade and reduce heat island effects.

Large parking lots shall be subdivided into modules of 10 to 12 spaces on a side. Separation of modules should be achieved by a landscape buffer area and strip of 10 feet in width. Integrating pedestrian circulation into these strips should be considered.

Trees within the parking areas shall be provided at a minimum rate of two trees per 10 parking spaces. Preservation or relocation of existing trees greater than five inches in caliper is encouraged to meet this requirement. Landscape buffer or parking area perimeter plantings do not satisfy this requirement.

Any parking area in a front yard or within clear view from the public right-of-way shall be screened from view by a landscape buffer area.

Parking areas shall be screened from interior drives using evergreen, deciduous and flowering trees and shrubs to create a continuous landscape strip of 10 feet minimum width. Consider integration of pedestrian walkways within these strips.

Plant sizes shall be a minimum two-and-one-half-to-three-inch caliper for shade trees, five feet to six feet in height for evergreen and ornamental trees and two feet in height for shrubs.

Parking lot lighting should be sited within landscape islands. However, trees shall not hinder safe lighting coverage. Therefore, varieties must be considered. Shade trees should be used so as to reduce glare to adjacent properties, buildings and roadways.

Pedestrian and vehicular conflicts shall be minimized through design, yet, when necessary, clearly indicated by change of paving and/or plant material.

Amenities/resources. The objectives of landscape architectural treatment of sites inclusive of historic resources and natural amenities shall be to preserve and enhance such amenities for present and future residents. Historic resources and natural amenities are areas of unique landscape character. This may include, but is not limited to, bodies of water, streams, wetlands, windbreaks, groves of trees, hedge rows, orchards, unique vistas, farmsteads, villages and historic structures and landmarks. Land developments in the Township shall be designed to preserve and utilize these amenities as features. The architectural, site plan and landscape architectural design shall utilize these amenities for design themes, preserving their heritage and enhancing their significance.

Provisions applicable to site plans and subdivisions.

Utilize the uniqueness of the existing bodies of water, groves of trees, hedge rows, historic structures and landmarks and farmsteads within the site plan as features.

Respect the historic value and character of the villages and hamlets which exist in the Township. Development within these areas shall conserve their individual character.

Provide landscaping as required, integrated with existing vegetation or historic landscape themes.

When appropriate, the development of historical markers or displays in coordination/agreement with the Historic Preservation Commission shall be required.

Landscape maintenance. A landscape management/maintenance specification shall be provided in conjunction with all approved subdivisions as to street trees, common open space and areas to be dedicated to the public and all approved site plans.

§ 130-81 Lighting.

Street lighting of a type supplied by the applicable utility and of a type and number approved by the Board shall be provided for all street intersections and along all arterial, collector and local streets and anywhere else deemed necessary for safety reasons. Wherever electric utility installations are required to be underground, the applicant shall provide for underground service for street lighting.

All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, multiple family, recreational or other uses having common off-street parking and/or loading areas shall be adequately illuminated for security and safety purposes. The lighting plan in and around the parking areas shall provide for nonglare lights focused downward. The light intensity provided at ground level shall be indicated in footcandles on the submitted site plans and shall average at least 0.5 footcandles at intersections. Refer to Exhibit A[1] for other areas to be illuminated. Lighting shall be provided by fixtures with a mounting height not more than 25 feet or the height of the building, whichever is less, measured from the ground level to the center line of the light source.

Editor's Note: See § 130-81D.

Any other outdoor lighting such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, traffic safety and overhead sky glow. The objectives of these specifications is to minimize undesirable off-premises effects. No light shall shine into building windows, nor onto streets and driveways so as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval. Wall-mounted fixtures are only permitted if directed into a site and not positioned towards neighboring properties or public streets.

Exhibit A: Illumination Guidelines for Street, Parking and Pedestrian Areas.

Street illumination.

	Area Classification
Street Hierarchy	Commercial (footcandles)	Intermediate (footcandles)	Residential (footcandles)
Collector or greater	1.2	0.9	0.6
Minor-residential subcollector	0.9	0.6	0.4
Local	0.6	0.4	0.4

Parking illumination (open space parking facilities).

	Vehicular Use Area Only		General Parking and Pedestrian Safety
Level of Activity	Lux	Footcandles	Lux	Footcandles
Low activity	5	0.5	2	0.2
Medium activity	11	1	6	0.6
High activity	22	2	10	0.9

Pedestrianway illumination (average levels for special pedestrian security).

Walkways and Bikeway Classification		Minimum Average Level (footcandles)	Mounting Heights of to 3 5 Meters (9 to 15 Feet) (footcandles)	Mounting Heights of 5 to 10 Meters (15 to 30 Feet) (footcandles)
Sidewalks (roadside) and Type A bikeways:
	Commercial areas	0.9	2.0	4.0
	Intermediate areas	0.6	1.0	2.0
	Residential areas	0.2	0.4	0.8
Walkways distant from roadways and Type B bikeways, park walkways and bikeways		0.5	0.6	1.0
Pedestrian tunnels		4.0	5.0	—
Pedestrian overpasses		0.3	0.4	—
Pedestrian stairways		0.6	0.8	—

Facilities for pedestrians and bicyclists. Pedestrian sidewalks shall be provided throughout the district, interconnecting all units with community facilities and active open space and in such locations, including entrances and exits, where normal pedestrian traffic will occur. Where appropriate, bikeways may be provided instead of sidewalks. Provision of bikeways along streets shall be made upon determination and requirement by the Planning Board and the Master Plan.

§ 130-82 Area and bulk regulations.

[Amended 6-12-2003 by Ord. No. 2003-6]

Area, yard and bulk requirements for principal permitted uses in the PVD District are set forth in Exhibit B which is attached to this chapter and made a part hereof by reference.

A carriage house shall be permitted on the same lot as that of a detached, single-family dwelling (either a perimeter village house or village house), whether attached or detached to same, and shall be subject to the bulk standards set forth in the schedule included at the end of this chapter.

Detached garages, storage sheds and similar accessory buildings shall be permitted on the same lot as that of an attached or detached single-family dwelling (a perimeter village house, a village house, a semidetached house or a triplex dwelling) and shall be set back at least four feet from the rear property line, two feet from the side property line of detached dwelling units and zero feet from the common side property line of attached dwelling units.

Plan view and isometric view depictions of the perimeter village house, triplex dwelling and apartments have been adopted as part of the 1997 Master Plan and are on file in the Township offices.

Required parking for perimeter village houses and village houses shall be either in side or rear entry attached garages located at the rear wall of the principal dwelling unit or in front, side or rear entry detached garages located in the rear yard. Required parking for triplex dwellings and apartments shall be accessed from the rear of the lot. Required parking for all nonresidential building types shall be accessed from the rear of the lot.

The first finished floor level of all residential building types shall be no less than two feet above and no higher than four feet above the elevation of the top of the sidewalk at the front of the building.

§ 130-83 Architectural and site design standards and guidelines applicable within the Planned Village Districts.

[Amended 12-27-2002 by Ord. No. 2002-15; 7-24-2003 by Ord. No. 2003-11]

As part of any subdivision or site plan submission, the applicant shall submit schematic architectural plans and elevations for each proposed building type and/or principal building variation to the Township’s Technical Review Committee for review and comment.

[Amended 3-25-2013 by Ord. No. 2013-4]

Buildings shall relate in scale and design features to any surrounding buildings, showing respect for the local context. As a general rule, residential buildings shall reflect a continuity of treatment by maintaining building scale or by gradual changes; by maintaining front yard setbacks at the build-to line; by use of front porches on residential buildings; by maintaining base courses; by maintaining cornice lines in buildings of similar height; by extending horizontal lines of fenestration; and by echoing the architectural styles and details, design themes, building materials and colors that are characteristic of buildings within Chesterfield's historic villages (see photographic exhibit of residential facades of representative architectural styles entitled "Historic Houses of Chesterfield Township"[1]).

Editor's Note: Said exhibit is on file and available for inspection in the office of the Township Clerk.

The following permitted outbuildings and landscape structures should, generally, adhere to the architectural standards set forth in this section: garages, workshops, guesthouses, artisan studios, garden pavilions, greenhouses, gazebos, trellises, arbors, pool houses and equipment enclosures for in-ground swimming pools, outdoor tubs/saunas, doghouses and storage sheds.

Site planning principles. (Note: Refer to diagram entitled "Residential Site Planning Principles" for illustrative commentary on the application of the guidelines described herein to residential uses.)[2]

Spatial relationships between buildings and other structures shall be formal; facades shall be parallel to street lines, and exterior building walls shall typically be either parallel or at right angles to each other. A lot with multiple buildings should be organized around a feature such as a courtyard, green, or quadrangle that encourages pedestrian activity and incidental social interaction among users. Buildings shall be located to allow for adequate fire and emergency access.

Civic, institutional and commercial buildings shall be located to front toward and relate to public streets, both functionally and visually. Buildings shall not be oriented to front toward a parking lot. Buildings shall be oriented to address the geometry of the abutting street pattern and shall acknowledge prominent design features in the regular street pattern (i.e., circles, crescents, etc.).

Residential buildings shall define the street edge through adherence to uniform setbacks along the build-to line for each block. A minimum of 80% of all residential building facades on a block face shall be located at the build-to line. The streetscape shall also be reinforced by lines of uniformly spaced shade trees and may be further reinforced by walls, hedges, or fences that define front yards.

Buildings on corner lots shall be considered significant structures, since they have at least two facades visibly exposed to the street. Such buildings may be designed with additional height and/or architectural features to emphasize their location.

Buildings located at "gateways" into and out of neighborhoods and village parks shall mark the transition in a distinctive fashion using massing, additional height, contrasting materials, and/or architectural detailing to obtain this effect.

Focal points or points of visual termination shall generally be occupied by prominent buildings and structures that employ enhanced height, massing, distinctive architectural treatments, ornamental site elements or other distinguishing features.

Driveways from single-family residential properties which intersect streets shall be no wider than 12 feet at the property line, but may expand to match the width of the garage doors within the 20 feet of driveway length directly in front of the garage. Driveways which intersect alleys may exceed 12 feet in width where the garage doors face the alley and the distance between the alley cartway or right-of-way line and the garage is 20 feet or less.

Variation in single-family detached residential building design.

Excessive uniformity in the exterior design and appearance of dwellings erected in the same residential neighborhood may adversely affect the desirability of the residential area and impair the value of both improved and unimproved real property in such areas. The Planned Village, in which residential lot sizes are modest and, consequently, houses will be close together, is particularly susceptible to the negative impacts of such uniformity. It is the purpose of this subsection to prevent these and other harmful effects of excessive uniformity in design and appearance of dwellings and thus promote and protect the general welfare of the community.

Not more than one construction permit shall be issued for any particular single-family detached dwelling unit design in any housing development consisting of two or more detached dwelling units when the houses are substantially alike in exterior design and appearance, unless such houses are separated by a distance of at least 140 feet.

Houses shall be considered substantially alike in exterior design and appearance if they share any one of the following characteristics:

The basic dimensions of the floor plans are without substantial differentiation.

The height and design of the roofs are without substantial change in design and appearance.

The size, location and type of windows and doors in the front elevation are without substantial differentiation.

The same color palette, including similar hues of a color for siding, shutter trim and roof color. Two units with substantially similar color palettes shall be separated by at least two units with differing color palettes.

[Added 7-24-2008 by Ord. No. 2008-14]

In addition, there shall be not less than two separate basic house designs in every housing development consisting of eight or fewer houses; not less than three basic house designs in every housing development consisting of 15 or fewer houses; not less than five basic house designs in every housing development consisting of 50 or fewer houses; not less than six basic house designs in every housing development consisting of from 50 to 77 houses; and not less than eight basic house designs in every housing development consisting of 78 or more houses.

When houses which are substantially alike in exterior design and appearance are located within the same block, the materials used on the exterior shall be varied.

To insure conformity with the provisions of this section, no construction permit shall hereafter be issued for more than one dwelling in any housing development until the builder shall post, for each specific lot on the map of the subdivision on file with the Construction Official, the type and model of each house for which a construction permit has been or is being issued.

Garages.

Each market-rate dwelling unit shall have a garage. Dwelling units intended for low- and moderate-income occupancy are exempt from this requirement; however, affordable dwelling units shall have adequate off-street parking.

Garages may be detached from or attached to the principal dwelling unit. In either case, the garage shall be aligned either parallel with or perpendicular to the alignment of the principal building.

Detached garages may be entered from the front, side or rear of the property (see "Residential Site Planning Principles" diagram[3]). Attached garages may be entered from the side or rear, but such garages must be located at the rear of the house.

Editor's Note: Said diagram is on file and available for inspection in the office of the Township Clerk.

The architectural design of the garage, including the proportions, roof pitch, exterior materials, windows/doors, color, etc. should be coordinated and compatible with that of the principal dwelling unit.

Lighting.

Streetlights shall be consistent with the fixtures designated by the Planning Board for the Planned Village.

Streets and sites shall be provided with adequate lighting, while minimizing adverse impacts, such as glare and overhead sky glow, on adjacent properties. House side shields shall be provided where abutting a residential use.

Along all commercial or mixed-use streets, parking areas, sidewalks, walkways, courtyards, community greens, and interior open spaces, decorative lampposts consistent with the fixtures designated by the Planning Board for the Planned Village shall be provided at regular intervals. Lightposts in the village center shall be spaced at no greater than 60 feet on center. Lighting on residential streets shall be no greater than 180 feet apart and shall be located at intersections. Illumination standards shall be consistent throughout the Planned Village.

Light fixtures attached to the exterior of a building shall be architecturally compatible with the style, materials, colors and details of the building and shall comply with the local building codes. The type of light source used on the exterior of nonresidential and multi-family buildings, signs, parking areas, pedestrian walkways, and other areas of a site, and the light quality produced, shall be the same or compatible. Facade signs shall be lit from the exterior, and, as a general rule, lights shall be concealed through shielding or recessed behind architectural features. Mounting brackets and associated hardware should be inconspicuous. The use of low pressure sodium, fluorescent, or mercury vapor lighting, either attached to buildings or to light the exterior of buildings, by developers of projects which have been the subject of major subdivision and/or site plan approval shall be prohibited; rather, such lighting shall be incandescent.

Civic, institutional and commercial building facades shall be adequately lit at night.

Garages with doors opening onto an alley shall have an exterior light fixture.

Fixtures and doors with direct access to paths shall have an exterior light fixture.

Editor's Note: Said diagram is on file and available for inspection in the office of the Township Clerk.

Architectural design standards. (Note: Refer to diagram entitled "Residential Facade Design Principles" for illustrative commentary on the residential standards described herein.)

Civic, institutional and commercial buildings, exterior walls.

All elevations of civic, institutional and commercial buildings shall exhibit a classical organization. The characteristics of classicism include symmetry, repetition of elements, expressions of hierarchy and tripartite composition (base, middle, top).

The architectural treatment of the front facade, with regard to its major features and materials, shall be continued around all sides of a building that are readily visible from public property and/or rights-of-way. The design of all sides of a building shall be consistent with regard to style, materials, colors and details. No solid, blank, windowless walls or service areas shall be visible from the public viewshed. Where the construction of a blank or substantially blank wall is necessary, the facade(s) shall be articulated by the provision of false windows, articulated masonry, or, if the building is occupied by a commercial use, by using recessed or projecting display window cases. Enhanced plantings may also be appropriate in certain cases.

Building elevations that are readily visible from public property and/or rights-of-way shall have an articulated base course and cornice. The base course shall align with either the kickplate or sill level of the first story. A cornice that terminates or caps the top of a building wall may project horizontally from the vertical building wall plane and may be ornamented with moldings, brackets, and other details. The middle section of a building may be horizontally divided at the floor, lintel, or sill levels with belt or string courses.

Exterior building walls constructed of more than one material shall only change material along a horizontal line, unless the change occurs at a corner. Additionally, the heavier material shall always go beneath the lighter material.

Front and side facades of any building on a corner lot shall be made of the same materials and shall be similarly detailed. For the purpose of this subsection, corner lots are those at the intersection of boulevards, parkways, streets, alleys, paths, parks, etc.

Civic, institutional and commercial exterior building walls may show a finish of brick, stone, cast stone or a combination thereof. Brick colors shall be in the brown and red range. Brick mortar joints shall not exceed 1/2 inch. Mortar joints shall be struck. Brick shall be laid in English or Flemish bond. Wood trim shall be painted or finished. Face-nailed members are prohibited.

[Amended 10-8-2008 by Ord. No. 2008-18]

Fire escapes shall not be mounted to the exterior facade of any building. On buildings requiring a second means of egress pursuant to the local building codes, internal stairs or other routes of egress shall be used.

Residential buildings, exterior walls.

Residential building walls and soffits may be built of the following materials or approved equivalent:

Smooth-cut cedar shingles (four inches to six inches exposed to weather).

Wood clapboard (four inches to six inches exposed to the weather).

Wood beaded siding (seven inches exposed to the weather).

Vinyl siding, including vinyl "cedar shake" siding.

Brick or stone. Brick colors shall be in the brown and red range. Brick mortar joints shall not exceed 1/2 inch. Mortar joints shall be struck.

Cement fiber clapboards or shingles, such as Hardiplank (four inches to six inches exposed to weather).

Exposed foundation walls shall show a finish of brick, local fieldstone, finished poured concrete or patterned brick-form poured concrete.

Brick or stone used only on the front facade of non-corner lots should return onto the side facade a minimum of 12 inches.

House foundation walls of finished poured concrete which face a street shall be exposed no more than 18 inches above the ground.

Gables atop brick walls may be finished in wood, vinyl or brick.

Stone or precast concrete lintels shall extend horizontally beyond the window opening a dimension equal to the height of the lintel itself. Brick soldier lintels shall extend a minimum of one brick beyond the opening.

Exterior building walls of wood, vinyl or hardboard shall have all openings trimmed in material two inches to four inches nominal width (with the exception of side trim on windows with shutters which may be less than two inches) and corners trimmed in material of four inches to eight inches nominal width. Trim shall protrude from the siding surface to create a shadow line. Doors may have wider trim.

A minimum of 60% of units on a street block shall have shutters.

[Added 7-24-2008 by Ord. No. 2008-14]

Residential buildings, porches, porticoes, stoops, and arcades.

All residential units shall have either a porch, covered portico, or decorated entrance on the street facade of the building. Eighty percent of all homes on a block face shall have front porches or covered porticos, provided that a minimum of 60% of all homes on a block face shall have front porches.

Front porches shall be located on the facade facing the sidewalk and may be wrapped around the side wall of the dwelling. The minimum porch shall be seven feet deep from the front wall of the dwelling and shall cover a minimum of 60% of the total width.

[Amended 7-24-2008 by Ord. No. 2008-14]

Porch superstructures shall be faced with wood, rusticated or rough-faced stone, stucco or brick unless an alternative material is expressly approved by the Planning Board. Porches may include chamfered posts or more complex styles with elaborate spindle work, frieze and spandrel carving. Porte cocheres are an optional extension of the porch. Porch roofs shall be supported by posts, piers or columns. Posts, columns and balustrades shall be built of wood unless an alternative material is expressly approved by the Planning Board. Posts shall be a minimum of five by five inches (nominal). Balusters shall have a minimum nominal diameter of two inches and shall not be separated by more than four inches. Columns and pilasters shall be of classic proportions and correct entablature in the Tuscan or Doric order. Stone piers shall be rough-faced. Railings shall be wood, steel or wrought iron unless an alternative material is expressly approved by the Planning Board. All porch railing components shall be painted and shall not be face-nailed.

Porch openings shall be vertical in proportion.

Porches may be enclosed with screens. The screen framing shall be architecturally compatible with the style of the porch.

Durable hardwoods, such as ipe, or an approved equivalent, concrete, masonry, or suitable synthetic wood products which appear to be traditional wood flooring are to be used for porch and covered portico flooring. Pressure-treated wood flooring is prohibited.

Covered porticoes are small decorated roofs on front columns over a raised stoop. This detail, albeit on a small scale, is one permitted way of providing surface texture. These can range from a simple shed roof to an ornate Italianate portico.

Covered stoops are recommended on triplexes although porches are allowed. Stoops and steps should be faced in masonry, brick, slate, or stone. Brick shall be used for walls and risers with concrete or stone treads. Railings and banisters should be painted decorative wood, steel or wrought iron unless an alternative material is expressly approved by the Planning Board, with architectural emphasis on the corners and newel posts. Steps should be a minimum of 36 inches wide and can be faced on the front or side of the stoop platform.

Masonry arches shall not be less than eight inches in thickness. Piers of masonry shall be not less than 12 inches in width and eight inches in depth. Piers and arches shall be built of brick or block with stucco finish. Keystones in masonry arches shall be centered on the arch and have sides radial to the arch.

Residential buildings, decks.

Decks shall be located in rear yards and designed at a scale to be compatible with the home and with the lot.

The space below decks and porches which is visible from nearby public property and/or rights-of-way shall be skirted by wood or vinyl lattice with not greater than one-and-one-half-inch spaces between the boards.

Decks may be built of durable hardwoods, concrete, masonry or suitable synthetic wood products which appear to be traditional wood flooring. In addition, decks may be built of unfinished pressure-treated wood when not readily visible from public property and/or rights-of-way (excluding alleys). Decks and stairs built of pressure-treated wood and readily visible from public property and/or rights-of-way (excluding alleys) must be painted or stained, with the exception of the floor and the treads, which may be painted, stained or left unfinished.

Residential, civic, institutional and commercial buildings, chimneys. Chimney enclosures shall be brick, stucco or stone. Chimneys two stories or more above grade and not within four inches of an exterior wall may be simulated brick, subject to the approval of the Planning Board. Chimneys shall be located at gable ends or centrally. Chimney tops shall have decorative details, e.g., corbelling. Flues shall be tile or metal. Any other flues shall be painted the color of the roof.

Residential, civic, institutional and commercial buildings, trim/eaves and other decorative building elements.

All dwelling units shall be trimmed with gable and eave boards all around. Trim ornament may be elaborated to any of the following:

Plain or decorated frieze.

Overhanging eaves.

Boxed cornice.

Denticulated cornice.

Ornate Italianate bracketed cornice.

Roofs should overhang a gable end a minimum of 12 inches.

Tight eaves shall be finished by molding. All windows shall have lintel with sill and side trim. Decorative lintels shall be installed above windows on at least 75% of the residential buildings in any subdivision approved under this section. All doors shall be trimmed with decorative lintel and side edge. All non-masonry structures shall have corner boards.

Decorative elements such as pergolas, cupolas, and belvederes are encouraged as elements to give architectural emphasis to prominent structures.

Roof vents on facades shall be of a size, shape, color and material which is in proportion to and compatible with the facade.

Roofs.

Roofs of residential buildings may be built of steel standing seam, copper, cedar shakes, natural slate, artificial slate or asphalt shingles.

Roofs of civic, institutional or commercial buildings shall either be "flat" or shall have a minimum pitch of nine to 12. Mansard or gambrel roofs are prohibited. Principal roof eaves of pitched roofs on such buildings shall project at least two feet beyond the building facade or a supporting column. Secondary roof eaves (i.e., balconies, porches, etc.) shall project at least one foot. Material for pitched roofs shall be slate, metal or tile unless a single color dimensional asphalt shingle is approved for all commercial buildings.

Roofs shall be simply and symmetrically pitched and only in the configuration of gables and hips. There shall be no more than 15% of the units on a street block with hipped roofs. The pitch of the roofs shall be between seven to 12 and 14 to 12. The pitch of the roofs over gables which face the front of residential buildings shall be between nine to 12 and 14 to 12.

[Amended 7-24-2008 by Ord. No. 2008-14]

Shed roofs (roofs that pitch in one direction) shall only be permitted when the ridge is attached to an exterior wall of a building. The pitch shall be between three to 12 and 14 to 12.

Flat roofs are permitted in residential buildings only when they are occupiable and accessible from an interior room and they must be edged by a railing or parapet. The railing pattern is subject to the approval of the Planning Board. Garages may have flat roofs that are not accessible if edged by a well-detailed parapet wall.

Cross gables and dormers should be used to distinguish one building from its neighbor. Dormers shall be symmetrically hipped, gabled, shed, pedimental, barrel or eyebrow. The architectural features shall be used to give various plans distinctive architectural quality.

Skylights, solar panels, vent stacks and other roof protrusions shall not be placed on a roof facing a street nor shall they be visibly obtrusive from nearby streets. Skylights shall be flat in profile.

Gutters, when provided, shall be built of wood, copper, steel or aluminum. Gutters shall be half-round in profile on overhangs and ogee where there is no overhang. Downspouts shall be round.

Splash blocks shall be stone, brick, gravel or concrete.

Windows and doors.

Windows and doors on residential buildings.

Fenestration shall be architecturally compatible with the style, materials, colors, and details of the building. To the extent possible, upper-story windows shall be vertically aligned with the location of windows and doors on the ground level.

Two or more windows in the same rough opening and easily visible from nearby streets or sidewalks must be separated by a minimum of a four-inch-wide post.

Windows on elevations facing a street or sidewalk shall be no closer than two feet to the corners of the building. Windows on corner houses shall be required on both the first and second story of both elevations which face public rights-of-way.

The outer glazing of windows shall be setback a minimum of one inch from the outer plane of the wall (actual dimension). Windows may have true divided lights. At minimum, there shall be a face frame lintel and drip mold around windows. Windows shall be built of vinyl or wood clad in white vinyl or aluminum or approved equivalent. Windows of glass blocks are permitted only when not readily visible from public property or rights-of-way.

Glass shall be clear and free of color. Stained glass and art glass applications are permitted only with the approval of the Planning Board. Glass may be frosted when not readily visible from public property or rights-of-way. Solariums may be of tinted glass when not readily visible from public property or rights-of-way.

Windows shall typically be square or vertical in proportion. Windows may be circular, semicircular, hexagonal or octagonal in shape, but only one such window may be placed on each facade. Windows may be quarter-circular in shape when paired in a gable end. Window lites shall be square or vertical in proportion. Snap-in muntins may be provided in lieu of actual muntins if the surface facing the exterior is milled and painted to match the exterior sash.

Bay windows on street facades shall extend to the ground or be visually supported on brackets.

Storm windows and screens shall be of the same material as or visually compatible with the windows they serve.

[9]

Shutters shall be applied to all or none of the typical windows on any given elevation. If shutters are provided on a corner house they shall be provided on both of the elevations which face public rights-of-way as well as on the side elevation.

[10]

Shutters shall be shaped, sized and proportioned to the window they serve. Shutters shall be fully functional with all necessary hardware or shall be provided with adequate hardware to make them appear functional and shall be mounted as if hinged to the window sash. Shutters shall be built of wood or vinyl.

[11]

Awnings shall be made of canvas or other waterproof fabric, subject to the approval of the Planning Board.

[12]

Doors may be of wood, embossed steel or fiberglass. Doors, including garage doors, shall have glass or raised panels, or both. Double doors shall not exceed five feet four inches in overall width except where intermediate four-inch (minimum) posts are provided. Doors may be of the sliding patio variety when not readily visible from public property or rights-of-way (excluding alleys).

[13]

Garage doors shall generally not exceed 10 feet in height or nine feet in width if accessed from a street, or 18 feet in width if accessed from alley. Exceptions can be granted if proportional to the building. Garage doors shall be built of wood, embossed hardboard, embossed steel or fiberglass.

[14]

Sidelights, if they exist, shall not be less than eight inches in width. Fanlights or transom windows may be placed above doors. Transoms, fanlights, and sidelights are encouraged to have true divided lights.

Windows on civic, institutional and commercial buildings.

Storefront windows in commercial buildings shall be between 26 inches and 36 inches off the ground and shall be architecturally compatible with the style, materials, colors and details of the building and in proportion with the facade treatment. To the extent possible, upper-story windows shall be vertically aligned with the location of windows and doors on the ground level. Primary display windows shall occupy a maximum of 50% of the ground-floor elevation. Transom windows are recommended above ground-floor display windows and awnings. Aluminum-framed plate glass storefronts are prohibited. All display windows shall be adequately illuminated at night.

Primary facade windows on the second floor shall exhibit a vertical emphasis, in harmony with the overall facade composition. Windows shall be double-hung and operable with divided lights. Windows shall be a minimum of two feet from the corner of a building.

The outer glazing of the window shall be set back a minimum of three inches from the outer plane of the wall. At minimum, there shall be a decorated lintel, face frame, and drip mold over the doors and windows.

Divided lights shall be a minimum two over two and shall have wood interior, divided lights, or wood inserts, either interior or exterior. Casement windows are permitted.

Solid metal security gates or solid roll-down metal windows shall not be permitted. Link or grill-type security devices shall be permitted only if installed from the inside, within the window or door frames. Security grilles shall be recessed and concealed during normal business hours. Models which provide a sense of transparency, in light colors, are encouraged.

Fixed or retractable awnings are permitted at ground-floor level and on upper levels where appropriate, if they complement the architectural style, materials, colors, and details of a building; do not conceal architectural features, such as cornices, columns, pilasters, or decorative details; do not impair facade composition; and are designed as an integral part of the facade. Awnings shall be made of canvas or other waterproof fabric, subject to the approval of the Planning Board. Metal or aluminum awnings are prohibited. In a building with multiple storefronts, compatible awnings should be used as a means of unifying the structure.

Fences, yards and gardens. A zoning permit is required for all fence installations.

[Amended 12-28-2006 by Ord. No. 2006-13; 8-28-2008 by Ord. No. 2008-16; 3-3-2010 by Ord. No. 2010-2; 10-13-2010 by Ord. No. 2010-15]

Fences, hedges, and walls in the front and side yards of residential properties less than 20,000 square feet in size shall be limited to a maximum of four feet in height and, except as otherwise provided for herein, shall conform to a list of permitted fence and gate types and materials approved by the Planning Board. Hedges and walls may be used instead of fences but shall be subject to the maximum height limitation of four feet at all times.

[Amended 9-28-2023 by Ord. No. 2023-13]

Walls and fences shall be architecturally compatible with the style and materials of the principal building on the same lot. Compatibility with adjacent and adjoining lots is encouraged. Freestanding stone and brick walls are permitted with a civic, institutional or commercial building in accordance with an approved site plan. Freestanding stone or brick walls are permitted on residential lots in front or side yards at a maximum height of four feet and in the year yards at a maximum height of six feet. The wall must be located outside of the sight triangle of the lot. Highway-style guardrail, stockade, or contemporary security fencing such as chain link, barbed wire or razor wire are prohibited.

[Amended 9-28-2023 by Ord. No. 2023-13]

Rear yard fences shall be limited to a maximum of six feet in height, and, except as otherwise provided for herein, shall conform to a list of permitted fence and gate types and materials approved by the Planning Board. No wood fences shall be permitted in the year yard. Pool enclosures shall meet the minimum requirements in this Subsection E(9)(c), in addition to other applicable local and state requirements including, but not limited to, the Uniform Construction Code (N.J.A.C. 5:23-3.14). In rear yards with alley access, fences or walls may be not closer than 10 feet to the alley. On a corner lot with frontage to two alleys or lanes, fences may be no closer than 10 feet to the rear alley or lane.

[Amended 9-28-2023 by Ord. No. 2023-13]

Fences along streets and paths on neighboring lots must be of compatible designs.

All terminal posts in fences (at corners, property line corners, openings, ends, etc.) shall be wider and taller than typical posts.

Walls shall be built of brick to match the principal building at all front yards, side yards facing a street or path (except for alleys) and rear yards facing a street (except for alleys). Gates in walls may be of wood, steel, wrought iron, or PVC.

Retaining walls shall be brick or stone at all front yards and side yards facing a street or sidewalk. Retaining walls not visible from nearby streets may be of brick, stone, concrete or wood.

Driveways shall be pavers of asphalt, brick or concrete.

Patios may be located in side and rear yards not readily visible from a public right-of-way (except for alleys) or sidewalk.

Primary entry walks shall be brick when connecting with a brick public walk. Other walks and paths may be built of brick, stone or concrete.

Walks shall be built flush with the ground.

(l)

Sidewalks shall be either finished concrete, exposed aggregate concrete, patterned/stamped concrete, concrete pavers, brick or other approved equivalent, which shall be located according to a comprehensive village sidewalk plan.

(m)

Fence types and styles not otherwise discussed herein shall be subject to review and approval by the Township Planning Board following review and recommendation by the Technical Review Committee and designed pursuant to a coordinated village design plan.

[Amended 9-28-2023 by Ord. No. 2023-13]

(n)

Fences and walls permitted in the front, rear and side yard are as follows:

[Amended 9-28-2023 by Ord. No. 2023-13]

The maximum height of any fence shall be four feet for side and front yards and six feet for rear yards. Side yard fences shall be located on the property line without encroaching on the adjacent property. New fences on adjacent lots shall adjoin to the existing fencing and a duplicate fence shall not be placed on the side lot line.

No solid fences are permitted in the front and side yards.

The finished side of the fence shall be exposed to the street and neighboring properties.

Wood picket fences are permitted, in front yards only, with the following specifications:

Fences shall be stained, painted or left natural. If stained or painted, the color shall be opaque white.

Pickets may be regular point, gothic point, or dog ears.

Caps on end posts are encouraged and shall be permanently affixed.

Pickets shall be two inches to four inches in width.

[e]

The following fence profiles are permitted: regular space point, double concave, single concave, and single convex. Any type of picket may be used with these profiles.

Metal fences are permitted as follows:

Picket fences and rail-topped metal fences are permitted but cannot be installed until a zoning permit is obtained.

Picket finials such as fleur-de-lis, triads, or royal styles are encouraged.

Metal fences shall be black or bronze in color. Additional metal fence styles and/or materials or colors may be approved by the Planning Board following review and recommendation by the Technical Review Committee and filed with the Zoning Officer and Construction Official for public information.

Brick and stone walls or fences are permitted. Brick or stone piers may be used in tandem with metal or wood picket fences or gates. Synthetic material is not permitted.

Homeowners may request permission from the Township Planning Board to permit additional styles and profiles if they meet the intent of this section. In such cases, fences in the front and side yards shall generally reflect the architectural style of the dwelling.

Rigid polyvinyl chloride (PVC) fences are permitted as follows:

PVC fences shall be white in color.

PVC fence pickets may be regular point, gothic point, or dog ears.

Caps on end posts shall be permanently affixed to the post.

The following fence profiles are permitted: regular space point, double concave, single concave, and single convex.

Signs. All signs for commercial uses located within the Planned Village shall comply with the sign regulations and receive approval from the Planning Board for aesthetic consistency with the surrounding uses.

Facade-mounted or painted signs are permitted, provided the following standards are met:

The sign shall be affixed to the front facade of the building and shall not project outward from the wall to which it is attached more than six inches.

The area of the signboards shall not exceed 5% of the ground-floor front facade area or 24 square feet, whichever is less.

No part of a sign shall be higher than 15 feet above the front sidewalk elevation, nor shall it extend above the base of the second-floor windowsill, parapet, eaves, or building facade.

A maximum of one sign per business is permitted.

One wall-mounted sign, not exceeding six square feet in area, shall be permitted on any side or rear entrance which is open to the public. Such wall signs may only be lighted during the operating hours of the business.

Wall-mounted, building directory signs identifying the occupants of a commercial building, including upper-story business uses, are permitted, provided the following standards are met:

The sign is located next to the entrance.

The sign shall project outward from the wall to which it is attached no more than six inches.

The sign shall not extend above the parapet, eaves, or building facade.

The area of the signboard shall not exceed three square feet, with each tenant limited to one square foot.

The height of the lettering, numbers, or graphics shall not exceed four inches.

Applied letters may substitute for wall-mounted signs, if constructed of painted wood, painted cast metal, bronze, brass, or black anodized aluminum. Applied plastic letters shall not be permitted.

Projecting signs are required in the Village Center and shall include graphic or icon signs, mounted perpendicular to the building wall, according to the following standards:

The signboard shall not exceed an area of six square feet.

The distance from the ground to the lower edge of the signboard shall be 10 feet or greater.

The height of the top edge of the signboard shall not exceed the height of the wall from which the sign projects, if attached to a single-story building, or the height of the sill or bottom of any second-story window, if attached to a multistory building.

The distance from the building wall to the signboard shall not exceed 12 inches.

The width of the signboard shall not exceed four feet.

The height of the lettering or numbers, shall not exceed eight inches.

A maximum of one sign per business is required/permitted.

Painted windows or door signs, provided the following standards are met:

The total signboard shall not exceed 10% of the total window or door area in aggregate or six square feet, whichever is less.

The sign shall be silk screened or hand painted.

Limited to one window sign per business window and one door sign.

May be in addition to only one of the following: a wall-mounted sign, a freestanding sign, an applied letter sign, a projecting sign, or a valance awning sign.

Awning signs, for ground-floor uses only, provided the following standards are met:

If acting as the main business sign, it shall not exceed 10 square feet in area, and the height of the lettering, numbers, or graphics shall not exceed eight inches.

It shall not be in addition to a wall-mounted sign.

Freestanding signs (other than directional signs) are prohibited in the Village Center.

A commercial use located in a corner building is permitted one wall-mounted or awning sign or painted window sign for each street frontage.

A commercial use with a service entrance may identify it with one sign not exceeding two square feet.

A commercial use is permitted one directional sign, if necessary in the opinion of the Planning Board. This sign may be either wall-mounted on the rear facade or freestanding, but shall be limited to three square feet in area.

(l)

Temporary civic, cultural, and public service window posters, when posted inside commercial establishments, provided they do not, individually or combined, occupy more than 25% of the total area of said window or five square feet, whichever is less. Temporary window signs are permitted on ground-floor windows only. Political signs are not permitted.

(m)

Temporary promotional or special sales signs shall be permitted for a period not to exceed 30 days, when erected in conjunction with a commercial establishment, provided they do not, individually or combined with other window signs, exceed 25% of the total area of the display window or 16 square feet, whichever is less. Temporary signs advertising a business opening or change in ownership shall not exceed an area of 16 square feet and shall require a temporary zoning permit specifying the date of removal. All temporary signs shall have the date of removal printed clearly on the lower right-hand corner, as viewed from the exterior. Temporary promotional signs are permitted on ground-floor windows only.

(n)

The following signs are prohibited:

Signs employing mercury vapor, low-pressure and high-pressure sodium, and metal halide lighting; any sign employing internal illumination.

Signs on roofs, dormers, and balconies.

Billboards.

Signs painted or mounted upon the exterior side or rear walls of any principal or accessory building or structure, except as otherwise permitted hereunder.

Freestanding signs, except for directional signs in the Village Center and freestanding signs for civic and institutional buildings.

(o)

Design standards for signs.

Signs affixed to the exterior of a building shall be architecturally compatible with the style, composition, materials, colors, and details of the building, as well as with other signs used on the building or its vicinity.

Signs shall fit within the existing facade features, shall be confined to areas compatible with sign location, and shall not interfere with door and window openings, conceal architectural details or obscure the composition of the facade where they are located.

Whenever possible, signs located on buildings within the same block face shall be placed at the same height in order to create a unified sign band.

Wood and painted metal are the preferred materials for signs. Flat signs should be framed with raised edges. Wood signs shall use only high-quality exterior-grade wood with suitable grade finishes.

Sign colors should be compatible with the colors of the building facade. A dull or matte finish is recommended for reduction of glare and enhancement of legibility.

Signs shall be spot-lighted with a diffused light source. Spot-lighting shall require complete shielding of all light sources. Light shall not significantly spill over to other portions of the building or site. Warm fluorescent bulbs may be used to illuminate the interior of display windows. Neon signs placed inside the display windows shall utilize low-intensity colors and are subject to approval by the Planning Board.

Signs shall be mounted so that the method of installation is concealed. Signs applied to masonry surfaces should be mechanically fastened to mortar joints only and not directly into the masonry. Drilling to provide electrical service shall also be confined to masonry joints.

Sign design and location must be approved by the Planning Board. Signs providing a notice of a security system must be affixed to a building. One real estate sign advertising a property for sale or rent may be displayed in the front yard.

(11)

Heating and air conditioning.

All air-conditioning units, HVAC systems, exhaust pipes or stacks, elevator housing, satellite dishes and other telecommunications receiving devices on civic, institutional, religious and commercial buildings shall be screened from view from public property or rights-of-way and from adjacent properties by using walls, fencing, roof elements, penthouse-type screening devices and/or plantings. For residential buildings all air-conditioning units and HVAC systems shall be screened as set forth above; furthermore, no exhaust pipes or stacks shall be located on the front-facing roofs.

On civic, institutional, religious and commercial buildings no exhaust of any kind shall be discharged less than two stories above a public sidewalk.

(12)

Recycling and trash storage areas. All nonresidential recycling and trash storage areas shall be screened from public view at the ground level using masonry or wooden walls, plantings, or a combination thereof. The height of such wall/enclosure must be 1.5 feet higher than the container walls.

(13)

General requirements.

Waivers may be granted by the approving authority, with the advice of the Township Consultant Architect and Architectural Advisory Committee on the basis of architectural merit, site conditions and/or other extenuating or unusual circumstances.

It is the design intention, not the "letter," of the architectural code to which properties and improvements must conform.

Materials other than those specified may be used, subject to the approval of the Planning Board.

The following items shall not be located in front yards, nor readily visible from public property or rights-of-way (except for alleys): clothes-drying apparatus, electrical or gas meters, solar panels, antennas, satellite dishes, garbage cans, birdbaths or statuary, synthetic fauna and flora, permanent grills, in-ground swimming pools, rock gardens and vegetable gardens, recreation and play equipment, doghouses and dog runs, hot tubs and spas.

Flagpoles less than six feet long may be mounted at an angle to porch columns or posts and building walls. Freestanding flagpoles for display of the flag of the United States of America may be erected on private property, provided that they are set back from all property lines a distance equal to or greater than 110% of the height of the flagpole. Freestanding flagpoles for the display of flags may be erected on public property without regard to setback.

[Amended 3-9-2011 by Ord. No. 2011-4]

§ 130-84 Off-street loading.

Off-street loading shall be required for every retail, industrial, institutional and government use for the loading and unloading of material or merchandise. Office uses in excess of 20,000 gross square feet in either a single building or in a combination of buildings as part of an office park shall also be required to provide off-street loading. Off-street loading shall be as required:

Retail uses of 5,000 square feet or less shall provide one loading space 12 feet by 35 feet. Retail uses singularly or in combination shall provide one loading space 15 feet by 60 feet for each 25,000 square feet up to 100,000 square feet, plus one space for each additional 100,000 square feet up to 500,000 square feet, plus one additional space for each 250,000 square feet thereafter.

Industrial uses shall provide one loading space 15 feet by 60 feet for each 20,000 square feet or part thereof.

Institutional uses shall provide one loading space 15 feet by 60 feet for each 50,000 square feet or part thereof.

Governmental uses shall provide one loading space 12 feet by 35 feet for each 100,000 square feet or part thereof.

AREA OF SPECIAL FLOOD HAZARD

Office uses greater than 20,000 square feet shall provide one loading space 12 feet by 35 feet for each 50,000 square feet or part thereof.

Additional loading spaces may be necessary and required dependent upon the specific activity.

§ 130-85 Flood control.

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

The land in the floodplain within the Township subject to a one-percent or greater chance of flooding in any given year.

BASE FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year.

BREAKAWAY WALL

A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

DEVELOPMENT

For the purposes of flood damage prevention, any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. For all other purposes, the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill and any use or change in the use of any building or other structure or land or extension of use of land, for which permission may be required pursuant to this chapter.

ELEVATED BUILDING

A nonbasement building built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor or, in the case of a building in a coastal high-hazard area, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers) or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In an area of special flood hazard, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.

FLOOD OR FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from:

The overflow of inland or tidal waters; and/or

The unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD-FRINGE

That portion of the flood hazard area outside of the floodway.

FLOOD HAZARD AREA

The floodway and the relatively flat area adjoining the floodway which area can be expected to be inundated by rising waters at least once in 100 years.

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS)

The official report provided in which the National Flood Insurance Program has provided flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood.

FLOODPLAIN

The same as "flood hazard area."

FLOODWAY

The channel of a natural stream, river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 feet.

IMPROVEMENT

A structure or part thereof constructed or installed upon real property by human endeavor and intended to be kept at the location of such construction or installation for a period of not less than 60 continuous days.

LOWEST FLOOR

The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other applicable nonelevation design requirements.

NEW CONSTRUCTION

For purposes of flood damage prevention, structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.

START OF CONSTRUCTION

For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348), includes substantial improvements and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of a slab or footings, the construction of columns or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration effects the external dimensions of the building.

STREAM CORRIDOR

The stream channel and all of the land on either side of the stream channel which is within the one-hundred-year floodplain as delineated by the Federal Emergency Management Agency or the Flood Hazard Area as delineated by the New Jersey Department of Environmental Protection or is a sloping area of 15% or greater that is contiguous to the stream channel or one-hundred-year floodplain/flood hazard area. Stream channels include permanent or intermittent watercourses shown on United States Geological Survey quadrangle maps and/or the Burlington County Soil Survey.

STRUCTURE

Anything constructed, assembled or erected which requires location on the ground or attachment to something having such location on or in the ground, including buildings, fences, lights, tennis courts, tanks, towers, signs, advertising devices and swimming pools; for flood emergency management purposes, a walled and roofed building, a manufactured home or a gas or liquid storage tank, that is principally above ground.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT (FLOOD)

Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or

Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

§ 130-86 Fences and walls.

[Amended 7-27-2000 by Ord. No. 2000-10; 6-23-2011 by Ord. No. 2011-14]

Fencing shall be permitted as an accessory use in all zoning districts in accordance with the following regulations.

Requirements for all zoning districts:

Outer face. Fences and walls may be placed with the outer face located on the property line.

Finished side. All permitted fences shall be situated on a lot in such a manner that the finished side shall face abutting properties. This provision shall not apply to agricultural fences governed by Subsection D, below, as the effectiveness of the fence is compromised as wildlife or livestock may otherwise be able to place pressure on the fence and remove the boards or fasteners.

Construction material. No fence shall be erected of barbed wire, topped with metal spikes, broken bottles and glass, nor constructed of any material or in any manner which may be dangerous to persons or animals, except such provisions shall not apply to agricultural uses and gardens.

Stormwater flow. Fences and walls shall be erected to avoid damming or diverting the natural flow of water or shall be integrated into a grading plan that provides for the adequate movement of stormwater.

Limitations on chain link. Chain-link fences shall only be permitted in conjunction with manufacturing or warehousing operations, recreational facilities and governmental uses. Except in the PVD Zone where chain-link fences are prohibited, in all other residential zones, chain-link fences shall be permitted in the rear and side yards only. Landscaping may be required in conjunction with such fencing.

Residential districts. The following regulations shall apply to fences and walls in residential districts:

Height limit. On any lot in any district, no wall or fence shall be erected or altered so that said wall or fence shall be over four feet in height in front yard areas and six feet in height in side and rear yard areas except:

A dog run may have fencing a maximum of six feet in height, provided that such use is located in rear yard areas only and is set back from any lot line at least 15 feet.

A tennis court area, located in rear yard areas only, may be surrounded by a fence a maximum of 15 feet in height; said fence shall be set back from any lot line the distance(s) required for accessory buildings in the applicable zoning district.

No fence shall exceed five feet in height in a rear yard of a reverse frontage lot.

Pool area. A private residential swimming pool area shall be installed as required by the building subcode adopted under the Uniform Construction Code (N.J.A.C. 5:23-3.14).

Nonresidential district. The following regulations shall apply to fences and walls in nonresidential districts:

Height. Fences shall be limited to eight feet in height. Walls shall be limited to six feet in height.

Landscape plan. Fencing and walls for all uses requiring site plan approval shall be reviewed within the overall context of a landscape plan that considers the function and aesthetic quality of the fencing or wall.

Agricultural fences.

Agricultural fencing for wildlife control. Commercial farms within the meaning of the Right to Farm Act, N.J.S.A. 4:1C-1 et seq., may install agricultural fencing for wildlife control, provided such installation comports with the adopted Agricultural Management Practice ("AMP") issued by the State Agricultural Development Committee ("SADC") at N.J.A.C. 2:76-2A.9. Such fencing shall have a maximum height of 10 feet and shall be installed around the tillable, cropland, pasture, hay or grazing land so as to minimize the impact on neighboring properties. For the purposes of this section, "tillable" shall be defined as the area of the land actively devoted to agricultural or horticultural use, exclusive of the land upon which the farmhouse is located.

For livestock or horses. Commercial farms within the meaning of the Right to Farm Act, N.J.S.A. 4:1C-1 et seq., may install agricultural fencing for livestock, horses or the like, such as split rail, PVC, tape, wire mesh and/or electric fencing. Such fencing shall have a maximum height of six feet.

Noncommercial farms. Farms that do not qualify as a "commercial farm" within the meaning of the Right to Farm Act, N.J.S.A. 4:1C-1 et seq., may not install wildlife control fencing, but are permitted to install fences for livestock and horses set forth in Subsection D(2) above, except that the maximum height shall be six feet.

Residential lots in Agricultural Zones. Properties that consist of residential homes as the principal use and do not engage in any agricultural activity shall comply with the fence regulations for residential districts under Subsection B of this section.

Prior to construction of fencing pursuant to this subsection, a farm must submit a survey or sketch reflecting the proposed fencing and its location on the property to the Zoning Officer for a written administrative review and approval. No zoning permit or fee shall be required.

§ 130-87 Signs.

Permit required. No person shall erect, alter or relocate any sign without a sign permit, unless exempt by the following provisions. Normal maintenance and the removal of a sign shall not require a permit.

General regulations.

Flashing signs. Animated, flashing and illusionary signs. Signs using mechanical and/or electrical devices to revolve, flash, change intensity of illumination or display movement or the illusion of movement are prohibited.

Attached signs. Signs shall be parallel to the wall. The face of the sign shall be no more than 15 inches from the surface of the wall.

Height. The uppermost part of an attached sign shall not exceed the base of the second floor window sill or the base of the roof or 15 feet, whichever is lower. The lowest portion of any sign which projects above a driveway or walkway shall be at least 15 feet and 10 feet respectively. Signs shall not be mounted on a roof.

Illuminated signs. All lighted signs shall have the light source shielded from adjoining or nearby lots, streets and interior drives and shall have translucent fixtures.

Location. Freestanding signs shall be no closer to a street right-of-way or property line than its height, but in any event no closer than 25 feet and shall not be located in any sight triangle.

Sign area and dimension. Sign area shall include all lettering, wording, coloring and accompanying designs and symbols, together with the background, whether open or enclosed, but not including supporting framework and bracing incidental to the display itself. A freestanding sign with two exposures shall have a total sign area consisting of the area of one side of the sign, but both sides may be used.

Exemptions from sign permits. Street number designations, highway signs, postal boxes, family names on residences, on-site traffic directional and parking signs, signs posting property as "private property," "no hunting," "danger," "warning" or similar purposes are permitted but are exempt from sign area limits. Said signs shall not exceed two square feet each and require no permit.

Temporary signs.

Construction signs, nonresidential. No more than one sign naming the project under construction and the participating firms and individuals is permitted on the construction site, beginning with the issuance of a building permit and terminating with the issuance of a certificate of occupancy or the expiration of the building permit, whichever comes first. Such signs shall not exceed an area of 32 square feet and shall be set back from any lot line at least 15 feet.

Construction signs, residential. Not more than two temporary ground signs for an approved residential development shall be permitted, provided that each sign does not exceed 32 square feet, shall be no closer than 25 feet to any street or side lot line and shall be removed within 30 days after all the lots or units have been sold.

Real estate signs. Real estate signs shall be set back at least 25 feet from the edge of the street paving and 10 feet from all property lines and shall not exceed eight square feet on each side. Signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter being advertised. They do not require a permit. No more than one sign shall be permitted along each street for each principal use or lot being advertised. Real estate signs shall be permitted only on a lot which the sign is advertising.

Public or quasi-public lands. One wall or ground sign not exceeding 32 square feet may be located on the premises of worship, school buildings, libraries, parish houses, government buildings and public recreational and community center buildings and grounds. No fee shall be required in connection with the permit for such a sign.

Service stations. In addition to other permitted signs, service stations and convenience stores may display the following special signs:

[Amended 7-26-2018 by Ord. No. 2018-14]

One freestanding sign advertising the name of the station, including the company or brand name, insignia or emblem, provided that such sign shall not exceed 40 square feet on a side and be at least 20 feet from the curbline (but not in the street right-of-way) and not more than 20 feet above the ground. High rise or turnpike height signs are prohibited.

Incidental signs advertising services, trade information, credit cards, prices and information other than product advertising are permitted, provided that no one sign exceeds 16 square feet and there is no more than one such sign per street frontage and all are set back at least 20 feet from the curbline.

(11)

Prohibited signs. Prohibited signs are as follows:

Illuminated tubing or strings of lights.

Banner-type signs, except where in celebration of public events and when erected with approval of the Township Committee.

Billboards.

District regulation. Signs within each district shall be permitted as follows:

Generally - residential uses.

Single-family and two-family houses: one wall sign not exceeding three square feet advertising or indicating the office of a permitted home occupation.

Apartment and Township developments: one freestanding sign giving the name of the project not exceeding 40 square feet, a maximum height of six feet and no closer than 20 feet to any right-of-way.

Farm standards. The maximum number of temporary signs permitted between property lines on which signs are permitted to be placed and farm standards permitted under this chapter shall be three. No sign shall exceed 64 square feet in the aggregate and no sign shall exceed 32 square feet on either side.

Directional signs at road intersections which are used to aid in identifying the location of a farm shall be permitted, provided that:

Permission of the property owner on whose property the sign is to be located has been granted to the person erecting the sign.

The sign area shall not obstruct visibility of vehicles at intersections.

The sign shall not obstruct visibility of vehicles at intersections.

Temporary and directional signs erected for seasonal activities or for a special agricultural event shall be removed within one week of the close of business for the season or the conclusion of the agricultural event.

Farms signs shall meet the requirements of Subsection B(3) of this section, except that such signs shall be permitted to be mounted on roofs.

Notwithstanding the foregoing, a farm which is enrolled in a Township-approved farmland preservation program shall be permitted to erect a wooden sign, no greater than four feet by four feet in dimension, provided that it is no closer than 30 feet to the right-of-way of any street, no closer to the intersection of two street lines than 50 feet, no greater than 10 feet in height and does not obstruct visibility of vehicles at intersections.

[Added 10-26-2000 by Ord. No. 2000-18]

Commercial districts. All signs shall adhere to the following standards:

There shall be no more than three signs per business, but no more than one sign per wall. One sign may be freestanding, provided that the lot on which it is located is one acre or larger in size. The height shall not exceed 20 feet. The aggregate area of all signs shall not exceed the equivalent of 10% of the area of the front of the buildings, including the window and door areas or 100 square feet, whichever is smaller. No one sign shall exceed 40 square feet. A freestanding sign shall meet the setback requirements of Subsection C(3)(b)[1] below.

Shopping centers shall be permitted one freestanding sign advertising the name of the shopping center and meeting the following specifications:

The sign shall be located on the same lot as the shopping center, but no closer to the intersection of two street lines than 50 feet, nor exceeding 20 feet in height and no closer to the right-of-way line than its height.

The sign area shall not exceed 100 square feet.

No freestanding sign shall be within 100 feet of any other freestanding sign.

In a shopping center, individual tenants in a shopping center may have one sign under the roof of their front facade and totaling not more than 20 square feet per tenant.

Office park district. All signs shall adhere to the following standards:

Not more than one freestanding sign advertising the name, product(s) and logo of an industry shall be allowed for each street frontage and meeting the following:

The sign shall be located on the same lot as the office park use, but no closer than 30 feet to the right-of-way of any street, no closer to the intersection of two street lines than 50 feet and a height not exceeding 10 feet.

The sign shall have an area not exceeding one square foot for each linear foot of front yard setback of the principal building, but not to exceed 100 square feet.

No more than two attached signs advertising the name, product(s) and seal of an industry or office will be allowed, provided that they shall be attached to the main building and limited to one sign per side and the area of each sign shall not exceed 200 square feet or 10% of the area of the wall to which it is attached, whichever is less.

Subdivisions and site plans. Sign permit procedure if application is not part of a subdivision, site plan or variance request.

Signatures. Applications shall be signed by the owner of the premises and the person responsible for erecting the sign and submitted to the Zoning Officer with the following:

The name, address and telephone number of the owner and/or lessee of the premises and of the person or business erecting the sign.

The plat showing to scale of at least one inch equals 10 feet, lot lines, sidewalks, the location of structure(s), the location of the sign(s), sight triangles, topography and the design of the sign and the mounting framework.

Plan action. Action on the application shall be within 45 days of the date of a complete submission and the work shall be completed within 180 days after issuance of the permit, otherwise the approval and the permit shall be void.

Sign removal. Any sign advertising a use or product no longer at the site shall be removed by the permittee, owner or person having use of the property within 30 days after written notice from the Zoning Officer. Failure to comply shall authorize the Zoning Officer to remove the sign at the expense of the permittee or owner of the premises.

§ 130-88 Recreation.

General requirement. In order to provide for the safety and general welfare of the public, all subdivisions which will result in five or more dwelling units shall set aside no less than 10% of the total area of the subdivision for off-street recreation and/or play area and said area shall not include easement or right-of-way areas. Nonetheless, a portion of the area set aside for recreation within the PVD Zoning Districts shall be devoted to the development of "planned neighborhood parks" as defined in a May 28, 2002, amendment to the Master Plan of the Township of Chesterfield. At a minimum, this area shall represent 4.0% of the developed (not gross) area of the tract. The location, form and design of such areas shall be approved by the Approving Authority. The area specifically designated for recreational purposes shall be fully usable for that purpose and shall have all improvements as required by this chapter. The method of preserving such areas for recreational open space, whether by easement, deed restriction, dedication, homeowners' association type or other means, shall be approved by the Approving Authority.

[Amended 12-27-2002 by Ord. No. 2002-15; 1-23-2003 by Ord. No. 2003-3]

Preservation of natural features. In the selection of the location of such open spaces, consideration shall be given to the preservation of natural features.

Payment in lieu of construction. Developers within the receiving area shall make contributions required under § 130-88C(5). Developers outside the receiving area shall contribute the sum of $3,300 per housing unit (estimated to be a developers fair share of centralized recreational facilities) to a Township escrow fund to pay for the costs of developing centralized recreational facilities on lands owned by the Township, which payment shall be made prior to the issuance of a building permit.

[Amended 12-27-2002 by Ord. No. 2002-15; 1-23-2003 by Ord. No. 2003-3; 6-12-2003 by Ord. No. 2003-6][1]

Editor's Note: Former Subsection D, Required facilities, which immediately followed this subsection, was repealed 1-23-2003 by Ord. No. 2003-3.

§ 130-88.1 Off-tract improvements.

[Added 7-12-2001 by Ord. No. 2001-16]

Required improvements. Applicants shall be required, as a condition for approval of a subdivision, site plan or conditional use, to pay their pro rata share of the cost providing reasonable and necessary street improvements, recreation improvements and land and/or water, sewerage and drainage facility improvements and any necessary easements therefore located outside the property limits of the subject premises but indicated in the Township Master Plan and necessitated or required by construction or improvements within such subdivision or development in accordance with N.J.S.A. 40:55D-42. The following criteria shall be utilized in determining the developer's proportionate pro rata monetary share for the necessary off-tract developments. "On-site" and "off-tract" refer to the obligations imposed upon a development pursuant to the Municipal Land Use Law[1] to provide certain services adjacent to the development site. The obligations imposed under this section assume that the obligation belongs to the developer and assesses special off-tract improvements which are needed for the development of the site but whose expenses would not otherwise be the direct responsibility of the developer.

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

Improvements to be constructed at the expense of the developer. In cases where the need for an off-tract improvement is reasonably related to and/or created by the proposed subdivision or development, the applicant may be required, as a condition of approval and at the applicant's sole expense, to acquire and/or improve lands outside the tract and dedicate such lands to the Township of Chesterfield or Burlington County or, in lieu thereof, require the subdivider or developer to deposit with the Township a sum of money sufficient to allow the Township to acquire and/or improve such lands on conditions it may deem appropriate under the circumstances.

General standards for other improvements. In cases where the need for any off-tract improvement to be implemented now or in the future is reasonably necessitated by the proposed development application, and where it is determined that properties outside the development also will be benefited by the improvement, the following criteria, together with the provisions or rules and regulations of the Township of Chesterfield or any department thereof, may be utilized in determining the developer's proportionate share of such improvements.

Sanitary sewers. For distribution facilities, including the installation, relocation or replacement of collector, truck and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate share shall be computed as follows:

The capacity and the design of the sanitary sewer system shall be based on the Rules and Regulations for the Preparation and Submission of Plans for Sewerage Systems, New Jersey State Department of Environmental Protection, and all Chesterfield Township sewer design standards, including infiltration standards.

Developer's pro rata.

The capacity of the existing system to serve the entire improved drainage area shall be computed. If the system is able to carry the total development drainage basin, no improvement or enlargement cost will be assigned to the developer, although some charges, including, but not limited to, capacity charges, may be imposed. If the existing system does not have adequate capacity for the total development drainage basin, the prorated enlargement or improvement share shall be computed as follows:

	Developer's Pro-Rated Share	=	Development gpd
	Total enlargement or improvement cost		Total tributary gpd

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

	Developer's prorated share	=	Development tributary gpd Generated by the Development
	Total cost of roadway improvement and/or extension		Future total peak-hour traffic

Specific plans for the improved system or the extended system shall be prepared by the developer's engineer and submitted to the Planning Board, as the case may be, during the time period when the Board is reviewing the proposed subdivision and/or site plan application. The total cost for the improvement and the developer's prorated share of the total cost shall be calculated by the developer's engineer, submitted to the Board, reviewed by the Township Engineer, and approved by the Planning Board, with any reasonable adjustments to the estimated costs, at the time when preliminary approval of the application for development is granted.

Roadways. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvement uncovered elsewhere, the construction or reconstruction of new or existing streets and other associated streets or traffic improvements, the applicant's proportionate cost shall be determined as follows:

The applicant's engineer shall provide the Township Engineer with the existing and anticipated peak-hour volumes which impact the off-tract areas in question, which volumes shall analyze pedestrian, bicycle and motor vehicle traffic.

The applicant shall furnish a plan for the proposed off-tract improvements which shall include the estimated peak-hour traffic generated by the proposed development. The ratio of the peak-hour traffic generated by the proposed development to the future peak-hour traffic shall form the basis of the proportionate share. The prorated share shall be computed as follows:

	Developer's prorated share	=	Additional peak-hour traffic generated by the development
	Total cost of roadway improvement and/or extension		Future total peak-hour traffic

Specific plans for the roadway improvement and/or extension shall be prepared by the developer's engineer and submitted to the Planning Board during the time period when the Board is reviewing the proposed subdivision and/or site plan application. The total cost for the improvement and/or extension and the developer's prorated share of the total cost shall be calculated by the developer's engineer, submitted to the Board, reviewed by the Township Engineer, and approved by the Planning Board, with any reasonable adjustments to the estimated costs, at the time when preliminary approval of the application for development is granted.

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

The capacity and design of the drainage system to accommodate stormwater runoff shall be computed by the developer's engineer and approved by the Township Engineer and shall be based on a method either described in Urban Hydrology for Small Watersheds, Technical Release 55, Soil Conservation Service USDA, January 1986, as amended, or as described in American Society of Civil Engineers Manuals and Reports on Engineering Practice No. 37, 1974, as amended, or as otherwise approved by the Township Engineer.

The capacity of the enlarged, extended or improved system required for the subdivision or development and areas outside of the subdivision or development shall be computed by the developer's engineer and be subject to the approval of the Township Engineer. The plans for the improved system shall be prepared by the developer's engineer and the estimated cost of the enlarged system shall be calculated by the Township Engineer. The prorated share for the proposed improvement shall be computed as follows:

	Developer's prorated share	=	Development cfs
	Total enlargement or improvement cost of drainage facilities		Total tributary cfs

Specific plans for the enlargement or improvement of the drainage facilities shall be prepared by the developer's engineer and submitted to the Planning Board during the time period when the Board is reviewing the proposed subdivision and/or site plan applications. The total cost for the enlargement or improvement and the developer's prorated share of the total cost shall be calculated by the developer's engineer, submitted to the Board, reviewed by the Township Engineer, and approved by the Planning Board, with any reasonable adjustments to the estimated costs, at the time when preliminary approval of the application for development is granted.

Water.

Regarding all nonresidential developments and all planned developments, and regarding subdivisions where public water is accessible, water mains shall be constructed and connected to the existing public water supply systems by the applicant, at the applicant's sole expense, and in such a manner as to make adequate water service available to each lot or building within the development. The entire system shall be designed in accordance with the requirements and standards of the local and/or state agency having approval authority and shall be subject to their approval. The system also shall be designed with adequate capacity and sustained pressure and in a looped system with no dead-end lines, whenever possible. For purposes of this section regarding subdivisions, "accessible" shall mean that the property to be developed is no further from an existing water main than the number of feet calculated by multiplying the number of lots in the proposed subdivision by 200 or, in the case of subdivisions in which more than 15 lots are proposed, "accessible" shall mean that the property to be developed is within one mile of an existing water main.

Where no public water is accessible to a subdivision as defined hereinabove, water shall be furnished on an individual lot basis. If wells are installed on each lot and the lot also contains its own sewage disposal facilities, the wells shall be of the drilled-type with a minimum 100 feet of casing where possible or, where such minimum footage of casing is not possible, the well shall be drilled at least 20 feet into unweathered rock. Well installation, sealing and testing shall be in accordance with the New Jersey Standards for Construction of Water Supply Systems in Realty Improvements (Chapter 199 of the Public Laws of 1954[2]), as amended, and in accordance with the guidelines and resolutions adopted by the County Board of Health. Prior to being placed in consumer use and prior to issuance of a certificate of occupancy for any building served by the well, the developer shall certify to the County Board of Health that he/she has complied with all applicable state, county and local regulations.

Editor's Note: See N.J.S.A. 58:11-23 et seq.

Where no public water is accessible to a subdivision as defined hereinabove, in addition to complying with §§ 130-69 through 130-72, the applicant shall deposit funds in escrow with the Township of Chesterfield in an amount equal to the cost of connecting the subdivision to an existing public water supply system calculated on the basis of 200 feet per unit. The escrow amount shall be calculated by determining the costs of providing such water main extension as charged by the public water utility for such service, including but not limited to, materials, installation, taxes, appurtenances and surcharges, if any.

In lieu of depositing the aforesaid escrow funds, the applicant may, at his/her option, elect to install water main extensions in the subdivision, even though public water may not be accessible as defined hereinabove.

Off-tract improvements: recreation contributions. Developers of land within the receiving area, except for lands which are the subject of a zoning solution covered by a court order, are required, in lieu of construction recreation facilities on tract, to contribute proportionately to a central development of these facilities, at the Fuchs Tract, at Bloc 203, Lots 12.01 and 43, adjacent to the receiving area, at a site adjacent to the proposed new elementary school and at other locations, all as identified within a May 28, 2002 amendment to the Master Plan of the Township of Chesterfield. These facilities include the village clubhouse, ball fields, courts, village square, bike paths, walking paths, and related infrastructure needed to serve the residents of the community as depicted on a map entitled "Old York Village Recreation Plan," prepared by Clarke, Caton, Hintz and dated March 14, 2003, (see Exhibit C attached to this chapter and made a part hereof by reference[3]). This map sets forth a plan for the centralization of recreational facilities which would otherwise be required to be developed on a tract by a developer in accordance with the requirements of § 130-88D of this chapter, provided that a developer within the receiving area is still required to develop on-tract "planned neighborhood parks" (including tot lots). Each developer will be expected to pay at the time housing units (single-family houses, triplex units, apartments, and the like) are issued building permits their fair share of the costs of developing these facilities, including costs of acquisition, design and construction, excluding those costs which are covered by state and county programs or local contributions by the Township of Chesterfield. The amount to be paid shall represent a sum determined by dividing the total of housing units to be developed by a developer, excluding affordable housing units, by the total number of housing units to be developed within the receiving area, excluding affordable housing, times the total estimated costs of recreational improvements as determined by the Township Engineer and approved by the Township Committee.

[Added 12-27-2002 by Ord. No. 2002-15; amended 1-23-2003 by Ord. No. 2003-3; 6-12-2003 by Ord. No. 2003-6; 12-13-2007 by Ord. No. 2007-22]

Editor's Note: Exhibit C is on file in the Township offices.

Escrow accounts. Where the proposed off-tract improvement is to be undertaken at a future date, funds required for the improvement shall be deposited to the credit of the Township of Chesterfield in a separate account until such time as the improvement is constructed. In lieu of a cash escrow account, developers may present irrevocable letters of credit for the term required in a form acceptable to the Township Attorney. If the off-tract improvement is not begun within 10 years of the deposit, all moneys and interest shall be returned to the applicant or the letter of credit, as the case may be, surrendered. It is the responsibility of the developer to provide a written request to the attention of the Township Clerk to request a return of the deposit or letter of credit. The Township of Chesterfield shall have 90 days upon the receipt of the developer's request to elect to proceed with the off-tract improvement. An off-tract improvement shall be considered "begun" if the Township of Chesterfield has taken legal steps to provide for the design and financing of such improvements.

Referral to the Township Committee. Where applications for development suggest the need for off-tract improvements, whether to be installed in conjunction with development in question or otherwise, the Planning Board shall forthwith forward to the Township Committee a list and description of all such improvements, together with a request that the Township Committee determine and advise the Board of the procedure to be followed in construction or installation thereof, including timing. The Board shall defer final action upon the subdivision or site plan until receipt of the Township Committee determination or the expiration of 90 days after the forwarding of such list and description to the Township Committee without determination having been made, whichever comes sooner.

The Township Committee, within 90 days after receipt of said list and description, shall determine and advise the Planning Board concerning the procedure to be followed and advise the Board with regard to suggested conditions of approval, if any, to adequately protect the municipality.

In the event that the Planning Board is required by statute to act upon the application prior to receipt of the Township Committee's determination as to construction of off-tract improvements, it shall request the applicant to consent to an extension of time within which to act of sufficient duration to enable the Township Committee to make the aforesaid determination. In the event that the applicant is unwilling to consent to the requested extension of time, the Planning Board, as the case may be, shall, in its discretion, either itself determine the procedure to be followed in constructing the aforesaid improvements or shall condition its approval upon the subsequent determination of the Township Committee.

Implementation of off-tract improvements.

In all cases, developers shall be required to enter into an agreement or agreements with the Township Committee in regard to off-tract improvements within one year from the date of municipal subdivision or site plan approval and in accordance with this section and any other ordinances, policies, rules and regulations of the Township of Chesterfield, Burlington County, and the State of New Jersey and any departments, authorities or agencies thereof. Should such an agreement or agreements not be entered into within the aforesaid one-year time period or within such extended time period as may be granted by the Township Committee, the municipal subdivision and/or site plan approval shall be deemed null and void.

Where properties outside the subject tract will be benefited by the improvements, the Township Committee may require the applicant to escrow sufficient funds in accordance with this section to secure the developer's pro rata share of the eventual cost of providing future structural improvements based upon the standards expressed herein.

Where properties outside the subject tract will benefit by the improvements, the Township Committee may determine that the improvement or improvements are to be installed by the municipality as a general improvement, the cost of which is to be borne as a general expense. If the Township Committee shall determine that the improvement or improvements shall be constructed or installed as a general improvement, the Township Committee may direct the Planning Board to estimate, with the aid of the Township Engineer or such other persons who have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the subject tract, will be specifically benefited thereby, and the subdivider or developer shall be liable to the municipality for such expense.

If the Township Committee shall determine that the improvement or improvements shall be constructed or installed as a local improvement, all or a part of the cost of which is to be assessed against properties benefited thereby in proportion to the benefits conferred by the improvements in accordance with Chapter 56 of Title 40 of the Statutes of the State of New Jersey, the developer may be required to sign an agreement acknowledging and agreeing to this procedure and, in addition, the Township Committee may require that the developer shall be liable to the municipality, in addition to the amount of any special assessments against the subject property for benefits conferred by the improvement or improvements, the difference between the total cost actually incurred and the total amount by which all properties, including the subject tract, are specially benefited by the improvement as the same may be determined by the Board of Improvement Assessors.

If the Township Committee shall determine that the improvements are to be constructed or installed by the applicant, such agreement may contain provisions, consistent with the standards in this section and any other rules, regulations or policies of the Township of Chesterfield, County of Burlington, and the State of New Jersey and any departments, authorities or agencies thereof with jurisdiction therein, whereby the applicant shall be reimbursed by the municipality or otherwise as a result of any participation fees, connection charges, charges paid in regard to developer's agreements with other applicants and the like, all in accordance with an agreement between the Township Committee and the applicant.

In determining procedures to be followed in the event of the submission of a list and request from the Planning Board, the Township Committee shall be guided by the following standards and considerations:

The local trends in regard to the probability of development within the drainage or circulation area in question and the intensity of such development;

The risk and exposure that neighboring areas are subject to in the event that the improvements to be required are delayed;

The extent to which temporary measures may sufficiently alleviate the condition or conditions requiring the off-tract improvement and the likelihood that larger, regional or subregional facilities will be required in the future to serve the development tract and the general area of the municipality in which the same is located; and

The extent to which the health, safety and welfare of the residents, both current and future, depend upon the immediate implementation of the off-tract improvement.

Procedures for reimbursement of excess costs incurred. As elsewhere required above, developers within the Township of Chesterfield may be required to construct or install improvements beyond those directly needed for their developments. They are entitled to receive reimbursement from other property owners or developers within the community for those sums incurred by a developer which are determined to be beyond those which are a developer's proportionate share of the costs incurred in accordance with the following procedures:

[Added 2-13-2008 by Ord. No. 2008-1]

Submission of a request for reimbursement. A developer seeking reimbursement for costs incurred said to be beyond his or her fair and proportionate share of the costs incurred for construction or installation of improvements within the Township shall submit to the Township Engineer three copies of a request for reimbursement on forms approved by the Township Committee for this purpose providing:

[i]

The name, address, telephone, fax and other contact numbers, and any other pertinent information about the applicant.

[ii]

The nature of the improvements constructed, providing a description of the improvement.

[iii]

The contractors, with contact information, who constructed or installed the improvement, the cost of which reimbursement is sought.

[iv]

Copies of all contracts issued for the construction or installation of the improvements, and proof of payment for same, along with a summary and such other information as may be necessary to set forth the total cost of the reimbursement sought.

[v]

A statement, to the extent known, of all entities or persons which or who, in the mind of the developer, would be responsible for all or any portion of the reimbursement sought, providing names, addresses, and telephone numbers of those entities or persons.

[vi]

An escrow fee of $500 to cover the cost of the Township Engineer's review and administration of the request.

Action of the Township Engineer. The Township Engineer shall provide one copy of the request to the Township Clerk to be kept on file. The Township Engineer shall, within 30 days of the date submitted, determine whether sufficient information has been submitted to review the request. If the Township Engineer determines that sufficient information has been submitted, the Township Engineer shall notify the requesting developer of this fact. If the Township Engineer determines that additional escrow is necessary, the Township shall so notify the developer, and the developer shall immediately post same to allow for the timely review of his or her request. Failure to post additional escrow shall stay any timelines set forth under this section. In the event the Township Engineer shall determine that the information submitted is inadequate for review, the Township Engineer shall so notify the developer, and no further review will occur unless and until the additional information is submitted. In any event, the developer shall be responsible to pay all costs incurred by the Township's professional staff within 30 days of the date a request for payment is sent by the Township Clerk or the application shall be deemed withdrawn. All charges shall reflect each professional's hourly rate to the Township of Chesterfield for other work performed by the professional.

Actions by Township Engineer on completion determination. Upon the request being deemed complete for purposes of review, the Township Engineer shall send notice to each of the entities or persons identified by the developer as parties from whom reimbursement shall be sought, that an application for reimbursement has been submitted, that a copy is on file with the Township Clerk, and available for review during the hours the Clerk's office is open to conduct the public's business. All to whom this notice is sent shall be entitled to submit to the Township Clerk, within 30 days of receipt of the notice, any additional information which that entity or person deems pertinent to a determination on the request. All such information shall be submitted to the Township Engineer in triplicate. One copy, upon receipt, shall be given to the Township Clerk. One copy of the initial request form, along with one copy of any submission made by entities or persons who the developer believes is responsible to reimburse the developer for costs in issue, shall be forwarded to the Township Solicitor for review and comment.

Actions by Township Engineer upon receipt of a complete request.

[i]

Within 90 days of the date a request is determined complete and all escrow funds have been posted, the Township Engineer shall conclude a review of the application and any related material submitted and shall issue a report which:

[A]

Determines the amount which the developer is entitled to receive for reimbursement;

[B]

Sets forth who is to pay this amount, and the calculations used to reach that amount.

[ii]

The Township Engineer's report shall be filed with the Township Clerk and sent to the developer and to each entity or person found by the Township Engineer to be responsible for reimbursement for all or any portion of the sums claimed by the developer.

[e]

Further action by developer and entities or persons found to be responsible for costs. Within 30 days of the date that a developer or other entities or persons found to be responsible for all or any portion of the costs for which reimbursement is sought receive the report from the Township Engineer on the application, each shall have a right to submit any written objections to the contents and conclusions of the report. Any developer, or other entity or person who receives a copy of the report and does not submit any objections shall be deemed to have accepted its contents. All written objections shall be submitted in triplicate within the thirty-day time period to the Township Engineer. The Township Engineer shall file one copy with the Township Clerk and provide one copy to the Township Solicitor. Written objections shall be simultaneously submitted to each entity or person identified in the report as being responsible for any sum required to be paid to reimburse the developer. All such objections shall set forth their basis with specificity, along with all supporting documents sought to be considered, in support of any modification of the report.

[f]

Actions by the Township Engineer. Within 45 days of the receipt of any written objection, the Township Engineer shall either affirm the previous report or modify its contents based on the material submitted. The final report shall be issued to the Township Clerk, Township Solicitor, developer, and all impacted parties.

[g]

Appeal to the Township Committee. Any interested developer, entity or person having an interest in the final report shall have the right to appeal the final report issued by the Township Engineer to the Township Committee by filing with the Township Clerk, with a copy to the Township Engineer and Township Solicitor, a notice of appeal which shall set forth the basis for the appeal. The appeal shall also be submitted to all impacted parties. The Township Committee shall schedule a public hearing on the appeal before the Township Committee within 45 days of the date the appeal is filed. The Township Clerk shall provide notice of the hearing to the developer and all entities or persons which or who the final report or the appeal states is responsible to pay any portion of the reimbursement sought. The appeal, unless the Township Committee otherwise directs, is limited to argument on the various documents submitted to or considered by the Township Engineer. Live witnesses shall normally not be called and the hearing before the Township Committee shall not be considered a trial of the issues in contest. All persons having an interest in the ultimate decision may be present and heard with or without an attorney. At the conclusion of the hearing or hearings, the Township Committee shall render a decision on the appeal which may affirm the final report, modify the final report, or remand the matter back to the Township Engineer for further review with instructions on the process to follow. A decision by the Township Committee to affirm or modify the report shall be a final decision. Appeal of such decisions shall be to Superior Court, Burlington County.

[h]

Payment of the sums due. The Township Clerk shall notify all Developers, the Township Engineer, all entities and persons who are to pay any portion of the sums which are to be reimbursed of the decision of the Township Committee, providing a copy of the resolution adopted to memorialize it. All sums required by the decision are to be paid to the Township of Chesterfield within 30 days of the date the developer, entity, or person receives a copy of the resolution.

[i]

Failure to pay sums due. Should any developer, entity, or person fail to pay the sums due by the Township Committee, it shall be deemed a debt collectable in the fashion of any other debt due in the courts of the State of New Jersey. Further, such a payment is deemed a condition of approval for any development within the Township's receiving zone (Old York Village). A failure to make the payment when due shall terminate any rights to develop under any approval given by the Land Use Board for the Township of Chesterfield. No building permits, occupancy permits, or other approvals shall be entertained unless and until these sums are paid.

§ 130-88.2 Old York Village (Village Plan) Roadway Systems Improvement District.

[Added 12-27-2002 by Ord. No. 2002-14]

Purpose and intent. The purpose of this section is to ensure adequate off-tract road and related drainage, lighting, sidewalks, traffic control devices and the like, which are a direct consequence of new development within a defined area. The Township of Chesterfield's Old York Village (Village Plan) Roadway Systems Improvement District (I.D.) is designed to achieve the following purposes

To encourage safe and efficient traffic flow and pedestrian access along the roadway systems serving the Township.

To maintain satisfactory levels of traffic service throughout the Township during peak travel times.

To assess future development its fair share of the cost of reasonable and necessary off-tract improvements associated with improvements to the internal roadway networks and access improvements that are a direct consequence of such new development rather than arising from existing development.

To raise revenues that will be managed and expended in such a manner and time that the development paying the fee will receive a direct benefit from the improved roads and related facilities.

To encourage development that is compatible with and, whenever possible, carries out the land use and circulation objectives of the Chesterfield Township Master Plan and other regional planning incentives that match Chesterfield Township's community goals.

To accomplish the foregoing objectives through thoughtful and cooperative planning between all levels of government and the private sector for the benefit of all residents and businesses in the Township.

It is the intent of this section to effectuate its terms consistent with the goals and objectives of the County of Burlington and the agencies of the State of New Jersey through policy and project agreements now or hereafter formulated or consummated.

Designation of Roadway Systems Improvement District. There is hereby created a Village Plan Roadway Systems Improvement District (I.D.) consisting of approximately 560 acres which are located east of Fenton Lane from Old York Road to north of Bordentown-Crosswicks Road, including an extension to Ward Avenue, in Chesterfield Township, Burlington County, New Jersey, as shown on the Old York Village Circulation Plan prepared by Clarke, Caton, Hintz, which is contained in the traffic study report prepared for the Township by Shropshire Associates.

Roadway improvements. The improvements to be made within the established I.D. are set forth in the May 28, 2002, amendment to the Chesterfield Township Master Plan (including the Village Plan Street Hierarchy plan prepared by Clarke, Caton, Hintz) as approved by the Planning Board, and as presently amended or as amended in the future, and supplemented by the recommendations made in the traffic study report prepared by Shropshire Associates. The improvements will include, but are not limited to, the construction of a new boulevard (a two lane collector roadway system that extends in a general north-south direction through the district separated by a grass median with parking on both sides) and parkway (two travel lanes with residential development and parking on one side and bike paths and open space on the other) as well as new intersections impacting existing roadways and other improvements deemed necessary as a result of the study prepared for the Township by Shropshire Associates. The total roadway improvement costs will include the design, permitting, construction and inspection cost components.

I.D. impact fees.

Fair share.

The pro rata share of impact fees (I.D. impact fees) to be collected from a developer having an application for development within the established I.D. as set forth in plans to the Chesterfield Township Master Plan, as approved by the Planning Board and as presently amended or as amended in the future, shall be adopted by the Township Committee with recommendations of the Planning Board, and the County of Burlington (to the extent that egress from or ingress upon a County roadway is involved) as follows:

NOTES

*New weekday p.m. peak hour trips as used in this formula, includes trips generated by market rate units, as detailed in the traffic study report prepared by Shropshire Associates.

The developer's fair share, as determined by this formula, is based upon the added traffic growth attributable to the proposed development or phase thereof. The fee is reasonably related to the traffic growth attributable to the development, which is subject to the assessment.

The total construction costs of the improvements are to be determined by the Township Engineer. The cost estimates, which are to be prepared by the Township Engineer in connection with the development in the district, are to be based upon a ten-year build out (beginning from the adoption of this section) and may need to be modified over time.

The cost for each developer will be based upon the above formula. The number of trips generated is to be determined by the applicant and approved by the Planning Board in accordance with the current Institute of Transportation Engineers (ITE) trip generation data. The projections for the proposed development have been made as a result of the traffic study conducted by Shropshire Associates and are set forth in the traffic study report prepared by Shropshire Associates and adopted by reference herein. The total number of trips generated within the I.D. is subject to modification periodically based upon actual experience with development within the I.D.

The purposes of the I.D. impact fee is to satisfy the developer's proportionate and pro rata contribution to the cost of reasonable off-tract roadway improvements necessitated by new development (to include, but not be limited to: the construction or reconstruction of new or existing streets, rights-of-ways, acquisition, engineering, and other associated street or traffic improvements such as street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, street drainage, road culverts, lighting, landscaping, utility relocation and the like) to be borne by developers within a related and common area of an established I.D.

The data upon which I.D. impact fees are determined shall be adjusted from time to time as is reasonably deemed appropriate by the Township Committee and the county to account for modifications to projected roadway improvement costs resulting from detailed engineering field studies and inflation, adjusted development projections, actual costs of I.D. program maintenance and administration, land acquisition costs and necessary changes in the scope of roadway improvements.

Where an applicant pays the amount determined as his pro rata share under protest, he shall institute a legal action within one year of such payment in order to preserve the right to judicial determination as to the fairness and reasonableness of such amount. In the event such applicant fails to institute such legal action within one year of such payment, such applicant shall have been deemed to waive any right to challenge such pro rata share.

Low- and moderate-income housing. Development applications containing proposals for low- and moderate-income housing, as defined by ordinance, shall be subject to this section, except that any computation with respect to the number of units or trips generated shall exclude units which are approved for low- and moderate-income users.

I.D. impact fees may be waived for a development within the established I.D. if the applicant can demonstrate to the satisfaction of the Township and the Planning Board (or to the satisfaction of Burlington County, to the extent that egress from or ingress upon a county roadway is involved), in connection with any application for preliminary approval of a development located within the I.D., that the traffic impact from such new development will be negligible (for purposes of this section, defined to mean that the proposed development will generate less than 10 new p.m. peak hour trips per day, as determined at preliminary approval).

Implementation of I.D. impact fees through developers agreements.

The Planning Board, when considering any application for preliminary approval with respect to property located in the I.D., shall consider and make appropriate findings in any resolution of memorialization as to the items to be covered in a developer's agreement as provided in Subsection E(2) below. Any approval for developments located along roads under county or state jurisdiction shall be subject to the approval of these agencies.

A developer within the established I.D. shall be required to enter into a developer's agreement with the Township for the payment of the required I.D. impact fee. A condition to any final approval shall be that the developer enter into the said agreement with the Township. The agreement shall be in proper form for recording, as approved by the Township Attorney, and, once duly signed and acknowledged by all parties thereto, shall be recorded by the developer in the Burlington County Clerk's Office.

The agreement shall take into consideration the Planning Board's findings of fact, recommendations and conditions of approval and shall, at a minimum, provide for the following;

Payment of an impact fee representing the applicant's fair share of road and street improvements, inclusive of land acquisition costs, if any, in accordance with the standards set forth in this section and the Township's Master Plan, as amended in 2002, and as may be amended in the future, and supplemented by the recommendations made in the traffic study report prepared by Shropshire Associates, adopted by reference herein, including provision for adjustment of such fee due to inflation or other factors. The I.D. impact fee shall be paid prior to the issuance of any building permits.

The limit of the developer's future off-tract traffic improvement liability upon full or partial payment of the I.D. impact fee.

A description of on-tract or off-tract road and related traffic improvements to be made by or at the expense of the developer, in lieu of an I.D. impact fee, contribution or some combination thereof, if any, and the timing or sequencing of such installation.

A description of any credits or repayment due the developer as a result of voluntary construction or payments in excess of the developer's fair share based upon the standards set forth in the Township's Master Plan, as amended in 2002, and as may be amended in the future, and supplemented by the recommendations made in the traffic study report prepared by Shropshire Associates.

Where the proposed off-tract improvement is to be undertaken at some future date, the monies required for the improvement shall be deposited in a separate interest-bearing account to the credit of the Township until such time as the improvement is constructed. If the off-tract improvement is not commenced within 10 years of the deposit monies, then all monies and interest (less 1% to cover administrative fees) earned thereon shall be returned to the applicant. An improvement shall be deemed commenced if right-of-way acquisition and/or preliminary engineering is in progress and the improvement is fully funded and committed to by the Township and/or the county and/or the state.

Such other matters as may be recommended by the Planning Board or the Township Committee.

Use of funds collected. Any funds collected by way of the I.D. impact fee shall be maintained in a separate escrow account credited to the Township. Such funds shall be used only for improvements referred to in the Township's Master Plan, as amended in 2002, and as may be amended in the future, and supplemented by the recommendations made in the traffic study report prepared by Shropshire Associates.

Contribution formula for existing uses. In the event there is a change in the use for existing space (defined for purposes of this section to include uses for which a developer on the I.D. has already paid an impact fee) which would generate additional peak hour trips generated, the applicant shall be required to pay an additional I.D. impact fee, including the difference between the contribution amount for the existing use and the proposed use. The contribution would be in addition to any contribution required for a new addition to a building.

§ 130-88.3 Design of containment areas for designated recyclable materials on residential sites.

[Added 7-22-2010 by Ord. No. 2010-10]

Definitions. All capitalized words used in this section shall have the same meaning as defined by § 156-3 of this Township Code.

Design of containment areas for Designated Recyclable Materials on residential sites.

Design standards for Common Area Recycling Storage Locations.

In accordance with the municipal Recycling Ordinance located at Chapter 156 of the Township Code, every multifamily development, qualified private community and mobile home park within the municipality shall be required to provide, for the use of its residents, centralized and common locations on its property for the storage, prior to collection, of source-separated recyclables generated by the residents of the property.

Each common area recycling storage location shall, at a minimum, conform to the following standards:

The dimensions of the recycling storage location shall be sufficient to accommodate recycling containers which are of size and number as required by the DSW and which are consistent with current methods of collection utilized by the Burlington County Regional Program or the private collection company being utilized. The following tables indicate the minimum container capacity requirements for weekly recycling service and common container dimensions:

Minimum Container Capacity Requirements for Weekly Recycling Service
Dual-Stream Collection	Fiber (Paper and Cardboard)	Commingled (Bottles and Cans)
Non-age-restricted complex	One cubic yard of capacity for every 15 dwelling units	0.47 cubic yard (96 gallons) of capacity for every 18 dwelling units
Age-restricted complex	One cubic yard of capacity for every 20 dwelling units	0.47 cubic yard (96 gallons) of capacity for every 24 dwelling units
Single-Stream Collection	Fiber and Commingled	--
Non-age restricted complex	2 cubic yards of capacity for every 20 units	--
Age-restricted complex	1.4 cubic yards of capacity for every 20 units	--

Common Container Dimensions
Size	Length (inches)	Width (inches)	Height (inches)
1 cubic yard	72	24	29
2 cubic yards	72	34	45 (rear) / 34 (front)
3 cubic yards	72	43	48 (rear) / 40 (front)
4 cubic yards	72	51	56 (rear) / 46 (front)
6 cubic yards	80	66	71 (rear) / 47 (front)
8 cubic yards	80	71	86 (rear) / 53 (front)

Unless expressly prohibited by a municipality, or not feasible due to existing site constraints, recycling containers for all Class A designated recyclables shall be co-located at all solid waste collection areas within the complex.

The recycling storage locations shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably co-located, but clearly separated from, refuse containers.

Outdoor recycling storage locations shall include a concrete pad of the size as specified herein. The dimensions of the recycling storage location shall provide sufficient area for the required container(s):[1]

Editor's Note: The Common Area Recycling Storage Location (Dual Stream) Detail is included at the end of this chapter.

The recycling storage locations shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling areas without interference from parked cars or other obstacles. The following turning template can be used to plan vehicular accessibility to recycling storage locations:

COLLECTION VEHICLE APPROACH DETAIL

Reasonable measures shall be taken to protect the recycling areas and the bins or containers placed therein against theft of recyclable materials or the bins or containers themselves.

Signs as approved by the DSW clearly identifying the recycling areas and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas.

Each recycling area shall be enclosed on three sides by a solid fence or masonry enclosure six feet in height and shall be surrounded by landscaping. A durable closable access gate on the fourth side should be provided.

Recycling container storage design standards; new residential construction. In order to facilitate recycling in all new construction, and to avoid the creation of unhealthful or cramped storage situations, sufficient storage shall be available for recycling containers within all new construction of residential housing.

Recycling storage locations. Curbside recycling container storage locations shall not include basements that require the negotiation of stairs, or any location either above or below finished grade. Locations shall be on a hard-wearing, smooth continuous surface with access to a path with a width no less than three feet and headroom of not less than seven feet.

Single-family and two-family dwellings. Each residential dwelling unit shall be designed to provide a curbside recycling storage container storage location containing, at a minimum, dimensions (l x w x h) of no less than 36 inches by 32 inches by 84 inches per unit. The location shall be clearly marked as such on floor plans of the dwelling unit if to be located inside the dwelling unit. If to be located outside the dwelling unit, adequate storage space for the container shall be identified on the property survey. This shall be done at the time of subdivision approval, if applicable, or at the time of zoning or building permit application.

Multifamily and condominium complex dwellings. Curbside recycling container storage locations shall be provided for each multifamily and condominium complex dwelling where Common Area Recycling Storage Locations are not otherwise provided. Each multifamily and condominium complex dwelling unit shall be designed to provide a curbside recycling container storage location containing, at a minimum, dimensions (l x w x h) of no less than 36 inches by 32 inches by 84 inches per unit. The location shall be clearly marked as such on floor plans of the dwelling unit if to be located inside the dwelling unit. If to be located outside the dwelling unit, adequate storage space for the container shall be identified on the site plans or subdivision plans.

Construction. The terms and provisions of this section are to be liberally construed, so as best to achieve and to effectuate the goals and purposes hereof. This section shall be construed in pari materi with the SWMA[2] and the County Plan.