Township of Bordentown, NJ General Provisions and Design Standards

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 § 500-502B, Definitions.

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 Bordentown.

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 chapter 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 chapter.

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 Board of County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:

A county planning agency; or

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; or

EMPOWERMENT NEIGHBORHOODS

Burlington County Soil Conservation District.

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 that requires a state permit, 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

A combination of the items in Subsection (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 (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 chapter. 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 chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with § 500-502D(6), below, 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 chapter.

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.

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;

A net increase in motor vehicle surface; and/or

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)

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 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 § 500-502J.

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 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 § 500-502D(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 § 500-502D(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 § 500-502D(15), (16), (17) and (18) to the maximum extent practicable;

The applicant demonstrates that, in order to meet the requirements of § 500-502D(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 § 500-502D(4)(c), above, within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 500-502D(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 § 500-502D(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 Registers 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://njstormwater.org/bmp_manual2.htm.

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	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% to 80%	No	No	—

(Notes corresponding to annotations^(a) through ^(f) follow Table 3.)

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	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% to 90%	Yes	No	N/A

(Notes corresponding to annotations^(b) through ^(d) follow Table 3.)

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	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Blue roof	0%	Yes	No	N/A
Extended detention basin	40% to 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 § 500-502D(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 § 500-502B;
^(h)	Manufactured treatment devices that do not meet the definition of "green infrastructure" at § 500-502B.

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 § 500-502D(2). Alternative stormwater management measures may be used to satisfy the requirements at § 500-502D(15) only if the measures meet the definition of "green infrastructure" at § 500-502B. Alternative stormwater management measures that function in a similar manner to a BMP listed at§ 500-502 D(15)(b) are subject to the contributory drainage area limitation specified at § 500-502D(15)(b) 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 § 500-502D(15)(b) 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 § 500-502D(4) is granted from § 500-502D(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 § 500-502H(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 § 500-502H; 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 § 500-502B may be used only under the circumstances described a t§ 500-502D(15)(d).

(11)

Any application for a new agricultural development that meets the definition of "major development" at § 500-502B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 500-502D(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 § 500-502D(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 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 § 500-502D(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 § 500-502J(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 code 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§ 500-502D 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 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 § 500-502D(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 § 500-502D(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 § 500-502D(16) and (17), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 500-502D(6) and/or an alternative stormwater management measure approved in accordance with § 500-502D(7). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:

Best Management Practice	Maximum Contributory Drainage Area (acres)
Dry well	1
Manufactured treatment device	2.5
Pervious pavement systems	Area of additional inflow cannot exceed 3 times the area
Small-scale bioretention systems	2.5
Small-scale infiltration basin	2.5
Small-scale sand filter	2.5

To satisfy the stormwater runoff quantity standards at § 500-502D(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 § 500-502D(7).

If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 500-502D(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 § 500-502D(7) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 500-502D(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 § 500-502D(16), (17) and (18), unless the project is granted a waiver from strict compliance in accordance with § 500-502D(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 § 500-502E, either:

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

Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from preconstruction to post-construction for the two-year storm is infiltrated.

This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to § 500-502D(16)(d), 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 Department-approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and

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 § 500-502D(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 eighty-percent 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.
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 § 500-502D(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.

This 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 § 500-502E, complete one of the following:

Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two-, ten-, and 100-year storm events do not exceed, at any point in time, the preconstruction runoff hydrographs for the same storm events;

Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the preconstruction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten- and 100-year storm events 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 two-, ten- and 100-year storm events are 50%, 75% and 80%, respectively, of the preconstruction 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 § 500-502D(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 one of the following methods:

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://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb_1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or

The Rational Method for peak flow and the Modified Rational Method for hydrograph computations. The rational and modified rational methods are described in "Appendix A-9 Modified Rational Method" in the Standards for Soil Erosion and Sediment Control in New Jersey, January 2014. This document is available from the State Soil Conservation Committee or any of the Soil Conservation Districts listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number for each Soil Conservation District is available from the State Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625. The document is also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.

For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at § 500-502E(1)(a)[1] and the Rational and Modified Rational Methods at § 500-502E(1)(a)[2]. A runoff coefficient 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).

In computing preconstruction 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 preconstruction 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 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.

Sources for technical guidance:

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: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.

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://www.njstormwater.org/maintenance_guidance.htm.

Submissions required for review by the Department should be mailed to: The Division of Water Quality, New Jersey Department of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.

Solids and floatable materials control standards.

Site design features identified under § 500-502D(6), above, or alternative designs in accordance with § 500-502D(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 § 500-502G(1)(b), 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 § 500-502G(1)(a), 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 (4.625) inches long and 1 1/2 (1.5) 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 section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.

The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and 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 § 500-502H(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 less than two inches across the smallest dimension.

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 § 500-502H(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 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 § 500-502H(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 horizontals 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 § 500-502I(3), below, as part of the submission of the application for approval.

The applicant shall demonstrate that the project meetings the standards set forth herein.

The applicant shall submit 18 copies of the materials listed in the checklist for site development stormwater plans in accordance with § 500-502I(3).

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 manmade 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 pre- development and post-development conditions for the design storms specified in § 500-502D, above.

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 § 500-502J.

Waiver from submission requirements. The Planning Board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in § 500-502I(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 § 500-502A(3) of this section shall comply with the requirements of § 500-502J(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 § 500-502J(2)(c), above, is not a public agency, the maintenance plan and any future revisions based on § 500-502J(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 § 500-502J(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 § 500-502J(2)(f) and (g).

The requirements of § 500-502J(2)(c) and (d), above, 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. Note: It may be appropriate to delete requirements in the maintenance and repair plan that are not applicable if the ordinance requires the facility to be dedicated to the municipality. If the municipality does not want to take this responsibility, the ordinance should require the posting of a two-year maintenance guarantee in accordance with N.J.S.A. 40:55D-53. Maintenance and inspection guidance can be found on the Department's website at: https://www.njstormwater.org/maintenance_guidance.htm.

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 subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

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 penalty set forth in Chapter 1, Article II, General Penalty, of the Code of the Township of Bordentown.

§ 500-503 Fences, walls and sight triangles.

[Ord. No. 1998-08, § 7, 5-19-1998; Ord. No. 2001-02, § II, 5-21-2001]

Permit required. No person shall erect a fence or wall without first having obtained a permit therefor.

Application requirements. An applicant for a permit to erect a fence or wall shall submit the following information to the administrative officer unless the request for the fence or wall has been approved as part of a site plan application:

Applicant's name and address.

Block and lot number of the property on which the fence or wall is to be erected.

Name and address of the property owner, if different from that of the applicant.

Sketch or survey of the property showing the proposed fence or wall.

Description of the fence or wall, including height and construction material. If the fence or wall is not of a standard type, a sketch or photograph shall be supplied.

Permit fee. The fee for a permit (Article IX) shall be submitted with the application.

Action on the application. The administrative officer shall review each application to determine whether the proposed fence or wall meets the requirements of this chapter. If the proposed fence or wall meets the requirements, the permit shall be issued; otherwise it shall be denied. Reasons for denial shall be set forth in writing. The administrative officer may refer any fence or wall permit application to the Planning Board for advice and comment. All permit applications shall be acted upon within 10 days after submission, or after the first Planning Board meeting following a referral thereto, as the case may be.

Requirements for fences and walls.

All fences shall be situated on a lot so that the finished side of the fence shall face adjacent properties. No fence shall be erected of barbed wire, topped with metal spikes, nor constructed of any material or in any manner which may be dangerous to persons or animals.

Fence height and materials.

On any lot in any district, no fence shall be erected or altered so that the fence shall be over four feet in height in the front yard and six feet in height in rear and side yards, except as provided herein. Any fence in a front yard shall be of open-type (not solid or opaque) construction, such that at least 50% of the area of the fence allows light and air to pass through. Examples of open-type fences are chain link, wrought iron, or picket. On corner lots, a fence of up to six feet in height may be erected in one front yard, but no closer to the front property line than the more restrictive of the following:

Fifteen feet from the front property line; or

One half the distance between the front property line and the building setback line.

The front yard fence on a corner lot may be solid or opaque.

Fences of variable height. When a fence is built with decorative, scalloped panels or pickets or other decorative features along the upper edge of the fence or posts, height shall be measured to the lowest point of such edge, thus allowing posts or corresponding elements to exceed the height limitation, but in no event by more than 12 inches.

A dog run may have fencing up to six feet in height, provided it is located in rear yards only and is set back from any lot line at least 15 feet.

A private residential swimming pool area must be surrounded by a fence at least four feet, but no more than six feet in height. Swimming pool areas shall be located in rear yards only and the fence shall meet the applicable requirements of the New Jersey State Uniform Construction Code.

A tennis court area, located in rear yards only, may be surrounded by a fence a maximum of 15 feet in height; fence to be set back from any lot line the distance required for accessory buildings in the zoning district as stipulated in Articles IV and VI.

Farm fences are permitted to be four feet in height in both side and front yards and shall not require fence or construction permits.

Buffer areas shall comply with § 500-507, Off-street parking, loading and driveway access shall comply with § 500-509.

All detention or retention basins must be enclosed by a four-foot-high chain link fence with a self-latching and self-closing gate. The required chain link fence must be a nonclimbable fence and comply with mesh-size standards provided in Section 421.10.1 of the BOCA building code. Landscaping may be required around the fence as determined by the Planning Board as the Planning Board deems proper for the particular application during the required site plan review. Detention or retention basins shall comply with § 500-502.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Sight triangles.

Sight triangle easements shall be required at intersections, in addition to the specified right-of-way widths, in which no grading, planting or structure shall be erected or maintained more than 12 inches above the street centerline, except for street signs, fire hydrants and light standards.

The "sight triangle" is defined as that area outside of the street right-of-way which is bounded by the intersecting street lines and the straight line connecting sight points, one each located on the two intersecting street centerlines.

The distances for the sight triangle line at intersections without traffic control shall be based on the authorized speed limit on that street in accordance with the following table:

Speed (mph)	Distance (feet)
10	45
15	75
20	90
25	110
30	130
35	155
40	180
50	220
60	260
70	310

For streets controlled by a stop sign, the sight triangle legs shall be established along the street with the stop controlled approach from a point 15 feet behind the curbline extended of the intersecting through road to a point 10 times the prevailing speed limit along the intersecting major road. (See the Institute of Transportation Engineers' Transportation and Traffic Engineering Handbook, current edition.)

The applicable provisions of the Land Development Review Resolution of Burlington County shall apply.

The easement dedication shall be expressed on the plat or plan as follows: "Sight triangle easement deeded for purposes provided for and expressed in the Land Development Ordinance of Bordentown Township."

§ 500-504 Impact fee housing.

[Ord. No. 1998-09, § 14, 6-9-1998; Ord. No. 2001-04, 7-23-2001]

Purpose. In Holmdel Builder's Ass'n v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985, N.J.S.A. 52:27d-301 et seq., and the State Constitution subject to the Council on Affordable Housing's (COAH) developing rules. The purpose of this section is to establish standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's rules. Fees collected pursuant to this section shall be used for the sole purpose of providing low- and moderate-income housing. This section shall be interpreted within the framework of COAH's rules on development fees.

Retention of fees. Any fees collected prior to December 13, 1990, shall be retained by Bordentown Township pursuant to COAH's rules regarding the retention of development fees.

Residential development fees. Within the R-40, R-30, R-20, R-10, R-8, R-7, R-6, and PO Zones, developers shall pay a development fee of 1/2 of 1% of the equalized assessed value of any eligible residential activity pursuant to Subsection E of this section. Any PCD, PUD, or A/T is subject to the fee, if approved or reapproved by amendment, without affordable units.

[Amended 4-25-2022 by Ord. No. 2022-06]

Nonresidential development fees. Developers within REO, GC-I, GC-II, HC, CC, or PO Zones shall pay a fee of 1% of equalized assessed value for eligible nonresidential activities pursuant to Section E. of this ordinance.

[Amended 4-25-2022 by Ord. No. 2022-06]

Exemptions.

Developers who have tax credits or other subsidies for the construction of low- and moderate-income units shall be exempt from paying development fees.

Developers that have received preliminary or final approval prior to the effective date of this section shall be exempt from paying a development fee unless the developer seeks a major subdivision and site-plan approval.

Any improvement of existing residential development shall be exempt from development fees.

Any improvement of nonresidential development shall be exempt from development fees.

Inclusionary developments shall be exempt from development fees.

Developers of churches, synagogues, public-nonprofit and private-nonprofit uses, or nonprofit hospitals shall be exempt from development fees.

Collection of fees.

Developers shall pay 50% of the calculated development fee to Bordentown Township at the issuance of building permits. The development fee shall be estimated by the tax assessor prior to the issuance of building permits.

Developers shall pay the remaining fee to Bordentown Township at the issuance of certificates of occupancy. At the issuance of certificates of occupancy, the tax assessor shall calculate the equalized assessed value and the appropriate development fee. The developer shall be responsible for paying the difference between the fee calculated at certificate of occupancy and the amount paid at issuance of building permit.

Housing trust fund. There is hereby created an interest bearing housing trust fund in a bank to be approved by the court or COAH for the purpose of receiving development fees from residential and nonresidential developers. All development fees paid by developers pursuant to this section shall be deposited in this fund. No money shall be expended from the housing trust fund unless the expenditure conforms to a spending plan approved by COAH or a court of competent jurisdiction.

Use of funds.

Money deposited in a housing trust fund may be used for any activity approved by the court or COAH for addressing Bordentown Township's low- and moderate-income housing obligation. Such activities may include, but are not necessarily limited to: housing rehabilitation, new construction, regional contribution agreements, the purchase of land for low- and moderate- income housing, extensions and/or improvements of roads and infrastructure to low- and moderate-income housing sites, assistance designed to render units more affordable to low- and moderate-income households and administrative costs necessary to implement Bordentown Township's housing element. The expenditure of all money shall conform to a spending plan approved by COAH or a count of competent jurisdictions.

No more than 20% of the revenues shall be expended on administrative costs necessary to develop, revise or implement the housing element. Examples of eligible administrative activities include: personnel, consultant services, space costs, consumable supplies and rental or purchase of equipment.

§ 500-505 Lighting.

Street lighting of a type supplied by the utility and of a type and number approved by the Township Engineer 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 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 Illumination Guidelines[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 centerline of the light source, spaced a distance not to exceed five times the mounting height.

Editor's Note: See the Table following Subsection D below.

Any 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 objective of these specifications is to minimize undesirable off-premises effects. No light shall shine into windows or onto streets and driveways in a manner as to interfere with or distract driver vision. The intensity of the 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.

For the purpose of application of the appropriate standards from the IES Lighting Handbook, the following definitions shall be used:

Area classification:

Commercial. That portion of a municipality in a business development where ordinarily there are large numbers of pedestrians during business hours.

Intermediate. That portion of a municipality often characterized by a moderately heavy nighttime pedestrian activity such as in blocks having libraries, community recreation centers, large apartment buildings or neighborhood retail stores.

Residential. A residential development, or a mixture of residential and commercial establishments, characterized by a few pedestrians at night. This definition includes areas with single family homes, townhouses and/or small apartment buildings.

Activity level:

High activity. Major league athletic events, major cultural or civic events and major regional shopping centers.

Medium activity. Fast food facilities, area shopping centers, hospital parking areas, transportation parking (airports, etc.), cultural, civic or recreational events, and residential complex parking.

Low activity. Local merchant parking, industrial employee parking, educational facility parking.

Bikeway classification:

Type A bikeway. A strip within or adjacent to a public roadway or shoulder, used for bicycle travel.

Type B bikeway. An improved strip identified for public bicycle travel and located away from a roadway or its adjacent sidewalk system.

IES Illumination Guidelines for Street, Parking and Pedestrian Areas

A. Street illumination
Area Classification
Street Hierarchy	Commercial Footcandles	Intermediate Footcandles	Residential Footcandles
Collector	1.2	0.9	0.6
Minor Residential Subcollector	0.9	0.6	0.4
Local	0.6	0.4	0.4

B. Parking illumination (open parking facilities)
Illumination Objective
Level of Activity	Vehicular Traffic Footcandles	Pedestrian Safety Footcandles	Pedestrian Security Footcandles
Low Activity	0.5	0.2	0.8
Medium Activity	1.0	0.6	2.0
High Activity	2.0	0.9	4.0

C. Pedestrian Way Illumination
Walkways and Bikeway Classifications	Minimum Average Footcandles	Average Levels for Special Mounting Heights 3 to 5 Meters (9 to 15 feet) Footcandles	Average Levels for Pedestrian Security Mounting Heights 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	—

§ 500-506 Lot configuration.

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

Each lot must front upon an improved street.

All lots shall be suitable for the purpose(s) of their intended use. Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as poor drainage conditions or flood conditions, percolation tests or test borings indicating the ground conditions to be inadequate for proper sewage disposal for on-lot sewage treatment or similar circumstances, the Board, after adequate investigation and receipt of a written report by the Township Board of Health, may withhold approval of the lots. If approval is withheld, the Board shall give reasons and notify the applicant and enter the same in the minutes.

Concrete monuments shall be installed on both sides of all streets and elsewhere in accordance with the requirements of the New Jersey Map Filing Act.

§ 500-507 Natural features/landscaping.

[Ord. No. 1992-4, § 2, 4-28-1992; Ord. No. 2001-14, 12-27-2001; Ord. No. 2002-01, 3-25-2002; Ord. No. 2002-08, 6-10-2002]

Purpose.

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

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

Landscape plan. A landscape plan prepared by a professional licensed by the State of New Jersey and authorized by law to prepare the landscape plan shall be submitted with each site plan application. The plan shall identify existing and proposed trees, shrubs, ground cover, natural features such as rock outcroppings, and other landscaping elements. The plans should show where they are or will be located and planting and/or construction details. When existing natural growth is proposed to remain, the applicant shall include in the plans the proposed methods to protect existing trees and growth during and after construction.

Site protection and general planting requirements.

Topsoil preservation. Topsoil moved during the course of construction shall be redistributed on all regarded surfaces so as to provide at least six inches of even cover to all distributed areas of the development and shall be stabilized by seeding or planting.

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

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

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

Additional landscaping. In residential developments, besides the screening and street trees required, additional plantings or landscaping elements shall be required throughout the subdivision where necessary for climate control, privacy, or for aesthetic reasons in accordance with a planting plan approved by the Planning Board and taking into consideration cost constraints. In nonresidential developments, all areas of the site not occupied by buildings and required improvements shall be landscaped by the planting of grass or other ground cover, shrubs, and trees as part of a site plan approved by the Planning Board.

Planting specifications. Deciduous trees shall have at least a 2.5 inch caliper at planting. Size of evergreens and shrubs shall be allowed to vary depending on setting and type of shrub. Only nursery-grown plant materials shall be acceptable; and all trees, shrubs, and ground covers shall be planted according to accepted horticultural standards. Dead or dying plants shall be replaced by the developer during the following planting season.

Plant species. The plant species selected should be hardy for the particular climatic zone in which the development is located and appropriate in terms of function and size. Street trees may be selected by referring to guidelines that may be adopted by the Planning Board by resolution.

Tree protection. The purpose of this subsection is to establish protective regulations for trees within the Township of Bordentown in order to control problems of flooding, soil erosion, air and noise pollution; to protect the public health, safety, and welfare of the citizenry of the Township; and to promote quality development in the Township. The intent of this subsection section is to encourage the protection of the greatest number of trees and of large specimen trees throughout the Township. The following standards should be utilized:

Definitions.

DISTURBANCE ZONE

That portion of a lot covered by existing or proposed buildings, structures, or improvements and within a certain distance around them as noted below:

House or building: 15 feet (around all sides).

Detached garage: eight feet.

Pool: 12 feet.

Driveway/Sidewalk: five feet.

Septic fields: 10 feet.

Underground utility: five feet.

Paved parking/drive aisle: five feet.

Shed: five feet.

[9]

Patio/Deck: eight feet.

[10]

Improvement (other): five feet.

SPECIMEN TREE

Any tree with a diameter of 18 inches and greater, regardless of genus and species.

TREE-PROTECTION ZONE

That portion of a lot outside of the disturbance zone.

TREE REMOVAL

The cutting down of a tree, the transplanting of a tree to a site other than that under development, or the infliction of damage to a tree that is of such severity as to show evidence within a period of two years of irreparable harm leading to the ultimate death of a tree. Examples of serious damage include, but are not limited to: damage inflicted to the root system by machinery, storage of materials, and soil compaction; changing the natural grade above or below the root system and around the trunk; damage inflicted on the tree permitting fungus infection or past infestation; excessive pruning; excessive thinning; paving with concrete, asphalt, or other impervious material within proximity as to be harmful to the tree.

Tree-protection management plan. A tree-protection management plan must be submitted at the time of site plan or subdivision application, pursuant to this chapter, if there are one or more live trees proposed to be cut or removed from the property. A tree-protection management plan shall contain the following information on a plot plan:

Location of all existing or proposed buildings, driveways, grading, septic fields, easements, underground utility lines, rights-of-way, and other improvements.

Location of existing natural features, including wooded areas, watercourses, wetlands, and floodplains.

The limits of the tree-protection zone.

Location of all existing live trees, with trunk diameters eight inches or greater, measured 4 1/2 feet above ground level. Each tree shall be noted by its species, size, and general health condition. Whenever possible, the actual canopy spread shall be shown. If it must be estimated, the canopy shall equal 1 1/2 feet of diameter per one inch of trunk diameter. If the trees to be preserved are part of the wooded area, only the outermost canopy line need be shown, unless disturbance is proposed, then individual trees located within 50 feet of the proposed edge of the woodland shall be shown.

Each tree, or mass of trees, to be removed or transplanted shall be clearly marked.

A chart tabulating the diameter inches being removed, the required compensatory trees.

Specifications for the removal of existing trees and for the protection of existing trees to be preserved, including detail(s) of the tree-protection fencing, as required.

Compensatory planting.

In the event that preservation of existing trees within the tree-protection zone is impossible and/or relocation of improvements impractical, then compensatory planting shall be required for each live tree within the protection zone, and each specimen tree anywhere on the site.

Trunk diameters shall be measured according to the following guidelines:

For single trunked shade trees, at a point 4 1/2 feet above ground level.

For single trunked ornamental trees, at a point 12 inches above ground level.

For evergreen trees, at a point 12 inches above ground level.

[d]

For multitrunked trees that branch between one and 4 1/2 feet above ground level, at a point just below the split.

[e]

For multitrunked trees that branch below one foot above grade, the diameter shall be 60% of the sum total of all trunks measured at a point 4 1/2 feet above ground level.

Compensatory trees shall be provided in the following ratios. These standards are applicable to both deciduous and evergreen trees. Compensation is not required for shrubs, unless otherwise required by the Planning Board.

For trees eight inches to 17 inches in diameter, one new tree shall be provided for every one existing tree cut or removed.

For trees 18 inches to 30 inches in diameter, two new trees shall be provided for every one existing tree cut or removed.

For trees 31 inches in diameter or greater, three new trees shall be provided for every one existing tree out or removed.

[d]

For existing street, one tree shall be replanted in the street tree planting strip.

Compensatory trees shall be 3 to 3 1/2 inches in caliper. Evergreen and ornamental trees may be substituted at a ratio of two to one shade trees, for up to 50% of the requirement. Alternative types of compensatory plantings may be permitted, when approved by the Board.

Locations of compensatory trees must be clearly labeled on the landscape plan. They may be placed anywhere on the site, but they are in addition to other required trees.

In the event that the applicant establishes to the satisfaction of the Planning Board that constraints incident to the land itself (including, without limitation, extreme topography, unsuitable soils, rock outcrops and existing dense canopy) render it impractical to provide the required number of compensatory trees, then, at the election of the Planning Board, the applicant shall:

Install a portion of the required compensatory trees on other public lands within the Township; and/or

Contribute to the Township the estimated cost of those trees which cannot practically be installed on the property for later installation of trees on public lands; and/or

Install fewer, however, larger or more valuable compensatory trees on the lot with an aggregate cost as installed and guaranteed not less than the estimated aggregate cost of the required number of compensatory trees.

Street trees.

Location. Street trees shall be installed on both sides of all streets in accordance with the approved landscape plan. The trees shall be installed between the curb and sidewalk when a grass area of at least six feet in width is provided. If the distance between the curb and sidewalk is less than six feet, the street trees shall be installed five feet behind the sidewalk. When curbs and sidewalks are not provided or proposed, the street trees shall be setback eight feet from the edge of paving. Trees shall either be massed at critical points or spaced evenly along the street, or both. When trees are planted at predetermined intervals along streets, spacing shall depend on tree size, as follows:

Tree Size (in feet)	Planting Interval (in feet)
Large Trees (40+)	40—50
Medium Trees (30—40)	35—40
Small Trees (to 30)	25—35

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

Tree type. Tree type may vary depending on overall effect desired, but as a general rule, all trees shall be the same kind on a street, except to achieve special effects. Selection of tree type shall be approved by the Planning Board using the guide "Shade Trees for Street Planting." The Planning Board may adopt, by resolution, a "Schedule of Recommended Street Trees" for the guidance of developers.

Planting specifications. All trees shall have a minimum caliper classification of 2.5 inches to three inches and they shall be nursery grown, of substantially uniform size and shape, and have straight trunks. Trees shall be properly planted and staked and provision made by the applicant for regular watering and maintenance until they are established. Dead or dying trees shall be replaced by the applicant during the next planting season.

Buffering.

Function and materials. Buffering shall provide a year-round visual screen in order to minimize adverse impacts from a site on an adjacent property or from adjacent areas. It may consist of fencing, evergreens, berms, rocks, boulders, mounds, or combinations to achieve the stated objectives.

When required. Buffering shall be required when topographical or other barriers do not provide reasonable screening and when the Planning Board determines that there is a need to shield the site from adjacent properties and to minimize adverse impacts such as incompatible land uses, noise, glaring light, and traffic. (This determination requires careful consideration of local conditions. For instance, approximate mixing of uses may be appropriately permitted in certain areas. The determination as to the need for buffering and the type of buffering required is not an automatic determination but must be made on the basis of the identified local need). In small-lot developments, when building design and siting do not provide privacy, the Planning Board may require landscaping, fences, or walls to ensure privacy and screen dwelling units. Where required, buffers shall be measured from side and rear property lines, excluding access driveways.

A buffer strip of 100 feet in width shall be required when any development abuts or fronts on Crystal Lake, Crosswicks Creek and the Delaware River.

Parking areas, garbage collection and utility areas, and loading and unloading areas should be screened around their perimeter by a buffer strip a minimum of five feet wide.

Where residential subdivisions abut higher-order streets (collectors or arterials) adjacent lots should front on internal streets with landscape buffers from the collector and arterial roads.

Landscaping in parking lots and loading areas. See § 500-509 for the applicable standards.

§ 500-508 Nonconforming lots, structures and uses.

Lots.

Whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of the lots have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law, and one or more of the individual lots should, by reason of exceptional shallowness, topographic conditions, substandard area or yard space or similar measurements, not conform with the minimum lot area and dimension requirements for the zone in which it is located, the contiguous lots of the owner shall be considered as a single lot.

Whenever the owner of a lot existing at the time of adoption of this chapter has dedicated or conveyed land to the Township in order to meet the minimum street width requirements of the Official Map or Master Plan of the Township, the Construction Official shall issue construction and occupancy permits for lots whose depth and/or areas are rendered substandard only because of the dedication and where the owner has no other adjacent lands to provide the minimum requirements.

Except as provided in § 500-508, any existing lot on which a building or structure is located and which does not meet the minimum lot size, or a structure which violates any yard requirements, may have additions to the principal building and/or construction of an accessory building without an appeal for variance relief, provided:

The existing use(s) on the lot are conforming to the permitted use(s) stipulated in this chapter for the lot in question;

The total permitted building coverage is not exceeded;

The accessory building and/or addition do not violate any other requirements of this chapter, such as, but not limited to, height, setback and parking.

Any vacant lot existing as a conforming residential lot at the time of the passage of this chapter, whose area or dimensions do not meet the requirements of the district in which the lot is located, may have a construction permit issued for a single-family detached dwelling and its permitted accessory uses without an appeal for variance relief, provided:

Single-family detached dwellings are a permitted use in that district;

The building coverage limit and parking requirements are met; and

The yard and height provisions are reduced by the same percentage that the area of the lots bears to the zone district requirements except that no side yard shall be less than either 10 feet or 1/2 feet that required by this chapter, whichever is greater. Additionally, no building shall be set back less than 30 feet from the street right-of-way and no building shall be required to have a height less than 12 feet and one story.

Structures and uses.

Any nonconforming use or structure existing at the time of the passage of this chapter may be continued upon the lot or in the structure so occupied and any such structure may be repaired in the event of partial destruction thereof.

Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure containing a non conforming use. However, no nonconforming structure containing a non conforming use shall be enlarged, extended, constructed, reconstructed or structurally altered in any manner without an appeal for variance relief.

Abandonment and termination of nonconforming uses.

A nonconforming use that is discontinued for a period of one year shall be presumed to have been abandoned. If contested, the burden shall be on the owner to show that a nonconforming use discontinued for that period has not been abandoned. Other proofs may be shown to establish whether or not a nonconforming use has been abandoned.

A nonconforming use is terminated by abandonment, and shall not thereafter be resumed except in conformity with these regulations.

§ 500-509 Off-street parking, loading areas and driveways.

[Ord. No. 1992-4, § 2, 4-28-1992; Ord. No. 1992-29, § 2, 12-22-1992]

Off-street parking.

Number of spaces.

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

For residential developments, off-street parking shall be provided as set forth in the "Residential Off-street Parking Requirements" table.[1]

Editor's Note: Said table follows Subsection A(5) below.

For nonresidential developments, off-street parking shall be provided as set forth in the "Nonresidential Off-street Parking Requirements" table.[2]

Editor's Note: Said table follows Subsection A(5) below.

Each space in a garage shall count as 0.5 off-street parking spaces and a driveway shall count as one parking space for each 10 feet by 20 feet area between the garage door and the right-of-way line, provided that the minimum width of a driveway shall be 20 feet and the minimum length shall be 25 feet measured from the right-of-way line to the front of the garage portion of the principal structure. In a cluster development the driveway shall have a minimum length of 36 feet measured from the right-of-way line to the front of the garage portion of the principal structure. All driveways shall be paved in accordance with the standards set forth in this section, unless the Planning Board, for good cause, shall waive the paving requirement in response to an application specifically requesting that waiver.

Parking areas shall be paved in accordance with the standards set forth in this section and shall be curbed. Concrete work shall be 4,000 psi air entrained portland cement concrete. The standard concrete curb shall be six inches by eight inches by 18 inches. Parking areas for individual uses shall be designed to be interconnected with adjacent properties and shall utilize common entrance(s) and exit(s), where feasible, to minimize access points to the street.

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

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

The site plan shall provide adequate drainage of all parking areas.

The portion of the parking area not to be paved initially shall be landscaped in accordance with § 500-509H.

The applicant shall post performance guarantees, in addition to other performance guarantees required, for the cost of additional parking necessary to provide the total number of parking spaces required.

A temporary certificate of occupancy may be issued for a period of not more than two years. Prior to the expiration of the two-year period, the applicant either may apply for issuance of a permanent certificate of occupancy or apply to the Board after the use has been in operation at least 18 months for a determination as to whether the initial parking area provided is adequate. If the Board determines that the parking facility is adequate as originally constructed, the performance guarantees shall be released and a permanent certificate of occupancy issued. If the Board determines that the partial off-street parking area is not adequate, the applicant shall be required to install additional parking facilities in accordance with the terms of the performance guarantees.

Any change of use on a site for which the Planning Board may have approved a partial paving of off-street parking areas to a use which requires more parking spaces than are provided on the site shall require submission of a new site plan.

The floor area occupied in any building or structure as a child-care center for which a license is required pursuant to N.J.S.A. 30:5B-1 et seq., shall be excluded in calculating the parking requirements otherwise applicable to that number of units or amount of floor space, as appropriate.

The minimum number of required off-street parking spaces may be reduced in accordance with the provisions set forth in § 500-1405.

[Added 3-28-2022 by Ord. No. 2022-05]

Parking areas.

Off-street parking areas shall be oriented to and shall be within a reasonable walking distance of the buildings they are designated to serve. Reasonable walking distances are hereby established as a maximum of:

One thousand feet for employee parking;

Five hundred feet to 800 feet for shoppers;

Two hundred feet for non-elderly residents;

One hundred fifty feet for elderly residents; and

Three hundred feet for guests.

Where sidewalks occur in parking areas, parked vehicles shall not overhang or extend over the sidewalk unless an additional two feet of sidewalk width are provided in order to accommodate that overhang.

The drainage system for the site shall be designed to accommodate the surface water runoff from all parking and drainage areas, based on the expectation that all those areas are to be paved, whether proposed to be paved as part of the application approval or deferred to a possible future date.

The applicant shall agree in writing on the submitted plan to pave any or all of the nonpaved parking areas should the paved parking areas prove to be inadequate to accommodate the on-site parking needs of the premises.

Paving. All driveways shall be paved and all parking and loading areas and access drives shall be paved in accordance with the requirements below and shall be curbed in accordance with the standard set forth in § 500-509A(1)(e), unless otherwise specified by the Board and approved as part of the subdivision or site plan approval. All parking areas, regardless of size and location, shall be suitably drained and maintained.

[Ord. No. 2008-5, 3-24-2008]

Areas of ingress or egress, loading and unloading area, major interior driveways or access aisles and other areas likely to experience heavy traffic shall be paved with not less than four inches of compacted base course of plant mixed bituminous, stabilized base course, constructed in layers of not more than two inches compacted thickness and prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey Department of Transportation Specifications for Road and Bridge Construction, current edition.

A minimum of two-inch compacted wearing surface of bituminous concrete (FABC) shall be constructed thereon in accordance with the New Jersey Department of Transportation Specifications for Road and Bridge Construction, current edition.

The Planning Board may require higher standards where it determines that the higher standards are appropriate for the use of the subject premises.

Residential driveways and other areas likely to experience similar light traffic shall be paved with not less than one of the following:

[Ord. No. 2008-5, 3-24-2008]

A minimum of three inches of compacted base course of plant-mixed bituminous, stabilized base course, prepared and constructed in accordance with Section 304 of the New Jersey Department of Transportation Specifications for Road and Bridge Construction, current edition, and a minimum of two-inch-thick compacted wearing surface of bituminous concrete (FABC) shall be constructed in accordance with Section 404 of the New Jersey Department of Transportation Specifications for Road and Bridge Construction, current edition; or

A minimum of four inches thick of portland cement concrete with six-inch by six-inch welded-wire fabric (WWF) mesh reinforcement or equivalent and constructed in accordance with the standards of New Jersey Department of Transportation Specifications for Road and Bridge Construction, current edition. A minimum of 4,000 psi at 28-day verification strength is required.

All paving shall be placed on a four-inch-thick DGA subbase or approved equal unless otherwise approved by the Board.

The Planning Board may require higher standards where it determines that the higher standards are appropriate for the use of the subject premises.

Where subgrade conditions of proposed parking and loading areas are wet, springy or of such a nature that surfacing would be inadvisable without first treating the subgrade, the treatment of the subgrade shall be made in the following manner:

The areas shall be excavated to a suitable depth below the proposed finished grade and filled with a suitable subgrade material as reasonably determined by the Township Engineer.

Where required by the Township Engineer, a system of porous concrete pipe subsurface drains or an alternate solution approved by the Board shall be constructed beneath the surface of the parking area and connected to a suitable drain.

After the subbase material has been properly placed and compacted, the parking area surfacing material, as described above, shall be spread thereon.

At residential driveways and other areas likely to experience similar light traffic, driveway aprons and sidewalk at points of vehicular crossing shall be constructed of portland cement concrete, six inches thick with six-inch by six-inch welded-wire fabric (WWF) mesh reinforcement or equivalent and constructed in accordance with the New Jersey Department of Transportation Specifications for Road and Bridge Construction, current edition. A minimum of 4,500 psi at 28-day verification strength is required.

[Ord. No. 2008-5, 3-24-2008]

Pavement markings. All off-street parking lots shall have adequate designations to indicate traffic flow and parking spaces. The designations shall be shown on the site plan. Individual parking stalls shall be delineated by hairpin striping that will be four inches wide and 18 inches on center. The lines shall be centered over the ten-foot dimensional line at the edge of the parking stall.

[Ord. No. 2004-9, 3-22-2004]

Dimensions of parking spaces.

Nonresidential parking spaces shall be 10 feet wide by 20 feet long. Residential spaces shall be nine feet wide by 18 feet long.

[Ord. No. 2004-9, 3-22-2004]

Parking spaces for the physically handicapped shall be 12 feet wide by 18 feet long.

Whenever a proposed site plan includes parking for oversized vehicles, the Board shall establish the dimensions of those parking spaces at the time of site plan review, taking into consideration the space needed for safe access to the designated parking areas, visibility for other vehicles making use of parking areas and for pedestrians crossing parking areas.

[Ord. No. 2004-9, 3-22-2004]

Residential Off-Street Parking Requirements
Housing Unit Type and Size		Off-Street Parking Required
Single-family detached		4.0
		Common Parking	Parking Requirements for Reserved Spaces with Separate Guest Parking
Garden apartment 1 bedroom		1.5	2.0
Garden apartment 2 bedroom		2.0	2.5
Garden apartment 3 bedroom		2.5	3.0
Townhouse/condominium 1 bedroom		1.5	2.0
Townhouse/condominium 2 bedroom		2.0	2.5
Townhouse/condominium 3 bedroom		2.5	3.0
a.	When determination of the number of parking spaces required by this exhibit results in a requirement of a fractional space, any fraction of 1/2 or less may be disregarded, while a fraction in excess of 1/2 shall be counted as one parking space.
b.	Requirements for attached units include provision for guest parking.
c.	At the time of site plan review, the developer shall designate whether the parking is to be on the basis of common area parking or on the basis of reserved spaces with separate guest parking. Once the site plan has been approved, any change in the treatment of parking shall require approval of an amended site plan.

Nonresidential Off-Street Parking Requirements
Nonresidential Land Uses*		Required Off-Street Parking
Assembly operations		1 per 800 square feet GFA
Automobile sales		1 per 300 square feet GFA of sales office, plus showroom, but not less than 10 spaces
Bowling alley		4.5 per alley
Car wash (automatic)		26 per washing lane for stacking and at least 3 spaces, plus 1 per employee for parking
Car wash (self-service)		3 per washing lane for stacking and at least 3 spaces, plus 1 per employee for parking
Church/synagogue		1 per 3 seats
Conference center		1 per 3 seats
Emergency services (fire and ambulance)		1 per 100 square feet GFA
Fiduciary institutions		1 per 200 square feet GFA, plus at least 7 stacking spaces per drive-in window
Finishing operations		1 per 800 square feet GFA
Golf course (regulation)		4 per tee, plus 1 per employee
Golf course (miniature)		2.5 per hole, plus 1 per employee
Golf driving range		1.5 per tee, plus 1 per employee
Health club		1 per 200 square feet GFA, plus 1 space for each employee
Hotel/Motel		1 per guest room plus 1 per employee in addition to the parking for any ancillary use on the site (restaurant, conference center, etc.)
Industrial		1 per 800 square feet GFA
Library		1 per 300 square feet GFA
Manufacturing		1 per 300 square feet GFA
Medical center		1 per 150 square feet GFA
Mini-warehouse/Self-storage		1 per 100 storage units plus 1 per employee, but not less than 3 spaces
Neighborhood convenience center under 400,000 square feet GLA		4 per 1,000 square feet GFA
Nightclub/Tavern		1 per 3 seats
Nursery/Garden center		1 per 200 square feet GFA, including buildings, display and sales areas.
Offices
	Under 10,000 square feet GFA	5 per 1,000 square feet GFA
	10,000 to 49,999 square feet GFA	4.5 per 1,000 square feet GFA
	50,000 to 99,999 square feet GFA	4.25 per 1,000 square feet GFA
	100,000+ square feet GFA	4 per 1,000 square feet GFA
Receiving		1 per 5,000 square feet GFA
Recreational facility (indoor) (includes community center)		1 per 3 seats, plus 1 per employee or 1 per 200 square feet GFA, whichever is greater
Research		1 per 1,000 square feet GFA
Restaurant		1 per 3 seats, plus 1 per employee
	Fast-food establishments	1 per 3 seats, plus 1 per employee and at least 7 stacking spaces per drive-in window
Retail store		1 per 200 square feet GFA
Schools
	Elementary	2 per classroom, plus 1 per teacher and staff
	Intermediate	1.5 per classroom, plus 1 per teacher and staff
	Secondary	4 per classroom, plus 1 per teacher and staff
Service station		4 per bay and work area, plus 1 per employee
Shipping		1 per 5,000 square feet GFA
Shopping center
	Under 400,000 square feet GLA	4 per 1,000 square feet GLA
	400,000 to 599,999 square feet GLA	4.5 per 1,000 square feet GLA
	600,000+ square feet GLA	5 per 1,000 square feet GLA
Skating rink		8 per 1,000 square feet GFA
Sports fields		50 spaces per field
	Soccer, football, baseball, softball
Storage areas		1 per 5,000 square feet GLA
Swimming pool (community)		2 per 3 family memberships, plus 1 per employee; or 1 per 100 square feet of developed recreation area, plus 1 per employee
Tennis court		2 per single court, or 1.5 per court where 2 or more courts are present
Theater		1 per 3 seats
	In shopping center	1 per 4 seats
Warehouse		1 per 5,000 square feet GFA

*	For any use not listed, the off-street parking requirements shall be set by the Board at the time of site plan review.

Minimum off-street loading.

Each activity shall provide for off-street loading and unloading with adequate ingress and egress from streets and with adequate space for maneuvering and shall provide that area at the side or rear of the building. Each space shall be at least 15 feet by 60 feet and a minimum of one space shall be provided for each building. Where a loading area is to be designated at right angles to a building thereby providing a loading dock, the loading dock area shall be at least 12 feet by 60 feet. Additional spaces may be necessary and required dependent upon the specific activity. There shall be no loading or unloading from the street.

There shall be at least one trash and garbage pickup location provided by each building which shall be separated from the parking spaces by either a location within the building or in a pickup location outside the building which shall be a durable totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three. If located within the building, the doorway may serve both the loading and trash/garbage functions and if located outside the building, it may be located adjacent to or within the general loading area provided the container in no way interferes with or restricts loading and unloading functions. Moreover, if located outside the building, the container shall be situated on the same horizontal plane as the driveway providing access to the container.

Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and public streets and shall be in accordance with § 500-505.

Paving and curbing.

All parking and loading areas and access drives shall be paved as provided below, except that the Board, at the request of the applicant and in consideration of the specific parking needs of the applicant, may permit a reduction in the paved area devoted to parking, provided:

The plan shall include all parking spaces required by this chapter and shall designate those spaces to be paved and those requested not to be paved.

All parking areas not to be paved shall be suitably landscaped and the landscaping shall be indicated on the submitted plan and be in addition to landscaping otherwise required or necessary.

Access. The center lines of any separate access points shall be spaced a minimum distance apart in accordance with the authorized speed limit along the road as set forth on the following chart:

Speed Limit (mph)	Minimum Spacing (feet)
30	100
35	160
40	210
45	300
50	350

No access point shall handle no more than four lanes of traffic, two in-bound lanes and two out-bound lanes. The access points shall be at least 20 feet from any property lines; and shall be set back from the street line of any intersecting street at least 50 feet or 1/2 the lot frontage, whichever is greater, except that in no case need the setback distance exceed 200 feet. Continuous open driveways in excess of 16 feet at the street line shall be prohibited except that two-way driveways serving nonresidential uses and multiple-family developments shall be at least 24 feet wide. In all instances, due consideration to the proposed width, curbing, direction of traffic flow, radius of curves and method of dividing traffic lanes shall be given. Curbing shall be depressed at the driveway and the curbing may be rounded at the corners.

Location of parking and loading.

Parking spaces may be on, above or below the surface of the ground. When parking spaces are provided within a garage or other structure, that structure shall adhere to the proper accessory or principal building setbacks, as applicable.

The provision of parking spaces shall also include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles. Aisles providing access to parking areas shall have the following minimum dimensions:

			Parking Modules*
			Wall to Wall		Interlock-to-Interlock
Angle of Parking Space	One-Way Aisle (feet)	Two-Way Aisle (feet)	One-Way (feet)	Two-Way (feet)	One-Way (feet)	Two-Way (feet)
90°	25	25	61	61	61	61
60°	18	25	54	62	51	59
45°	15	22	48	55	44	51
30°	12	20	44	52	40	48
parallel	12	20	28	36	28	36

*	As defined in the current edition of Traffic Engineering Handbook, published by the Institute of Transportation Engineers.

If the angle is different on both sides of the aisle, the large aisle width shall prevail.

Parking and storage of recreational units and recreational vessels in residential districts and on properties in other districts used for residential purposes. Recreational units and recreational vessels may be parked or stored in residential districts, and on properties in other districts used for residential purposes, outside the confines of a building only in accordance with the following:

This parking and storage is permitted only to occupants of the property on which the recreational units and recreational vessels are parked or stored, provided, that persons other than the occupants may park (but not store) recreational units and recreational vessels in accordance with this section for periods not to exceed 30 days in any twelve-month period.

There is no limit on the number of recreational units and/or recreational vessels that may be parked or stored outside the confines of a building, provided that the ground area actually used for parking or storage shall not, together with the ground area covered by all structures and the ground area covered by all impervious surface, exceed the applicable impervious surface ratio. A recreational unit parked on an already existing impervious surface shall not be separately counted in determining the impervious surface coverage. A recreational vessel may be parked or stored on a recreational vessel trailer if done in a safe and secure manner. For purposes of this subsection, the ground area actually occupied by a recreational vessel that is parked or stored on a recreational vessel trailer, rather than the ground area required to park or store the recreational vessel and the recreational vessel trailer separately, shall be considered in determining whether the parking or storage of the recreational vessel and recreational vessel trailer are in accordance with the requirements set forth herein.

No recreational unit or recreational vessel shall be stored upon a street. A recreational unit or recreational vessel may be parked on a street only for the purpose of loading and unloading, for a period not to exceed 24 hours in any forty-eight-hour period.

A recreational unit or recreational vessel may be parked or stored outside the confines of a building only in the following locations on a lot:

In the side or rear yard area, in compliance with the minimum distance requirements to side lines and rear lines (but not other buildings) applicable to accessory buildings.

On the driveway, provided that a recreational unit or recreational vessel, including the hitch, shall not be parked or stored closer than two feet to any sidewalk, or in the absence of a sidewalk, closer than 10 feet to any cartway.

On a corner lot, in the area, if any, between the setback line and the principal building in the yard adjoining the street which does not run in front of the house.

Parking or storage of recreational units and recreational vessels is prohibited in any sight triangle. Parking or storage of recreational units and recreational vessels is prohibited in any front yard area except as may be expressly permitted herein.

Use of a recreational unit or recreational vessel for living, sleeping or housekeeping purposes, and connection of a recreational unit or recreational vessel to electricity, gas, water or sanitary sewer facilities for purposes of living and sleeping, are prohibited.

A recreational unit parked or stored outside the confines of a building shall not be jacked more than one inch above the ground measuring from the ground to the underside of the tires, which must be attached to the unit. A jacked unit shall be securely blocked.

A recreational vessel parked or stored outside the confines of a building, not on a recreational vessel trailer, shall not be jacked more than 24 inches above the ground measuring from the ground to the lowest point of the vessel.

Equipment that does not meet the licensure and insurability requirements set forth in the definitions of the terms "recreational unit" and "recreational vessel" because of its condition, but which can be put in proper condition for licensure and insurability within 60 days and is not unsafe, may nevertheless be parked or stored outside the confines of a building in accordance with this section for a period of not more than 60 days while the person responsible for parking or storing this equipment is causing it to be put in proper condition for licensure and insurability. The occupant may park or store this equipment for a maximum of two additional sixty-day periods by obtaining permits to do so. In no case shall equipment not meeting licensure and insurability requirements be parked or stored outside the confines of a building for more than 180 days in any twelve-month period. Parking or storage of unsafe equipment is prohibited.

Landscaping.

Except for detached single-family and two-family dwelling units, a screen planting, berm, fence wall or combination thereof, no less than four feet in height, shall be provided between the off-street parking areas and any lot line or street line, except where a building intervenes or where the distance between the areas and the lot line or street line is greater than 150 feet.

All loading areas shall be landscaped and screened sufficiently to obscure the view of the parked vehicles and loading platforms from any public street throughout the year. The screening shall be by an extension of the building, a fence, berm, wall, planting or combination thereof and shall not be less than four feet in height.

Each off-street parking area shall have a minimum area of 5% equivalent to landscaped and shrubs no higher than three feet. The landscaped areas shall be distributed throughout the parking area in order to break the view of parked cars in a manner not impairing visibility.

One shade tree, measuring 2.5 inches caliper minimum, shall be provided for every three spaces.

§ 500-510 Performance standards for all uses.

An application for a construction permit shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a construction permit may be issued with the conditions that no certificate of occupancy will be issued until the documentation is submitted with respect to the particular occupant. These provisions shall not apply to any sewage treatment plant approved by the New Jersey Department of Environmental Protection.

General nuisances. No land or building in any district which shall be used or occupied for manufacturing purposes shall be operated in a manner which will create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration; smoke, dust, dirt or other form of air pollution; electrical or other disturbance; glare; or other substance, condition or element which by its presence or intensity would adversely affect the surrounding area or premises so as to be a source of danger and annoyance; thereby constituting either a dangerous or objectionable element at a specified point or points.

Points for determining dangerous or objectionable elements. Fire and explosion hazards, radioactivity, electrical disturbances, smoke and other forms of air pollution shall be determined to be dangerous or objectionable elements if they are either dangerous or objectionable to a reasonable person at the point or points where the elements are most apparent. Noise, vibration, glare, odors and all other substances, conditions or elements governed by this section shall be dangerous or objectionable elements if they are either dangerous or objectionable to a reasonable person at the property lines of the use creating the elements.

Electrical and/or electronic devices. All electric or electronic devices are subject to the provisions of federal and state laws and regulations, including 42 U.S.C. § 263b et seq., "An Act for the Protection of Public Health and Safety from the Dangers of Electronic Product Radiation," and the applicable regulations and guidelines promulgated by the Secretary of the Department of Health and Human Services. Electronic products shall be so limited and controlled so that no measurable energy can be recorded at any point beyond the property lines. The applicant, upon request, shall produce certified data wherein measurements made in accordance with the procedures and standards established by the United States Department of Health and Human Services adequately demonstrate compliance with the minimum standards required by law. All other forms of electromagnetic radiation lying between 100 KHz and 10 GHz shall be restricted to the technical limits established in the Federal Communication Commission's Rules and Regulations. Additionally, electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line (or beyond the operator's dwelling unit in the case of multi-family dwellings) as the result of the operation of the equipment.

Glare. No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered, and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining units, adjoining districts or streets.

Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which could cause the temperature to rise or fall in any body of water, except that this provision shall not apply to any sewerage treatment plant which has received approval by the State Department of Environmental Protection.

Noise. Noise levels shall be designated and operated in accordance with local regulations and those rules established by the New Jersey Department of Environmental Protection as they may be adopted and amended.

Odor. Odors shall not be discernible at the lot line or beyond.

Storage and waste disposal. No provision shall be made for the depositing of materials or waste upon a lot where they may be transferred off the lot by natural causes or forces or where they can contaminate an underground aquifer or otherwise render an underground aquifer undesirable as a source of water supply or recreation or where they will destroy aquatic life. Provision shall be made for all material or waste which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents, birds, insects or other vectors to be enclosed in appropriate containers to eliminate the hazards. No on-site generated waste shall be retained on the site for more than 90 days.

Recycling. Recycling dropoff facilities shall be provided for each building containing more than one residential unit. The specific location of the recycling dropoff facility shall be approved by the Board at the time of site plan review.

Ventilation. No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back from all property lines 10 feet or equipped with baffles to deflect the discharged air away from the adjacent use.

Vibration. There shall be no vibration which is discernible to the human senses of feeling beyond the immediate lot.

Fire and explosion hazards. In every use involving the handling or storage of inflammable or explosive materials, the owner or operator of the use shall provide adequate safety devices against the hazards of fire and explosion and shall also provide adequate firefighting and fire suppression equipment and devices reasonably required for the use or industry. The burning of waste materials in open fires is prohibited. The relevant provisions of federal and state laws and regulations, municipal ordinances and orders of the Fire Official shall also apply.

Operation of truck refrigeration units at warehouses and nonresidential uses adjacent to residential uses or zones.

[Ord. No. 2016-01, 2-22-2016]

Applicability. Following the date of the adoption of this subsection, the provisions contained herein shall be applicable to all new or proposed warehouse and nonresidential uses, owners, operators, and tenants, for warehouses within 500 feet of a residential use, zone or development, as measured from the property lines of the uses.

For new or proposed warehouses or other nonresidential uses which provide for the parking of trucks and are the subject of any land use application, including a site plan approval, construction permit, or a zoning permit, the applicant, developer, tenant or owner (collectively, "'applicant") shall provide information to the approving authority demonstrating compliance with this subsection. Where an applicant proposes a warehouse or other nonresidential use or operation which provides for truck parking, and for which they assert will not include the parking of refrigerated trucks, the applicant shall provide a sworn statement and other such information as required to the satisfaction of the approving authority, demonstrating that the proposal will not require or allow for the parking of refrigerated trucks, and acknowledging the need to comply with this subsection and obtain approvals, if the need for parking of refrigerated trucks arises in the future.

Requirement to provide alternate technologies. In order that refrigerated trucks will not use and operate diesel or other fossil fuel powered truck refrigeration units (TRUs) while parked for a period of more than 30 minutes, the owner, operator, or tenant of a warehouse or other nonresidential facility shall provide the infrastructure for, and have available for use by, refrigerated trucks, alternative technologies which will allow parked refrigerated trucks to operate TRUs without the need for diesel or other fossil fuel power. Such alternate technologies may include, but shall not be limited to:

Parking space electrification to provide parked refrigerated trucks with a permanent, reliable source of grid-supplied electric power to operate electric or hybrid diesel-electric TRUs without the need for the use of fossil fuel power, or

Other such alternate technology, as deemed acceptable by the Planning Board, Zoning Officer, or Construction Official, as appropriate, which shall demonstrate compliance with the intent and purposes of this subsection and reliably eliminate the need for parked, refrigerated trucks to use and operate fossil fuel powered TRUs.

§ 500-511 Principal use.

Unless otherwise specified in this chapter, no more than one principal dwelling or building shall be permitted on one lot.

§ 500-512 Public utilities.

All public services shall be connected to an approved public utilities system where one exists. The developer shall arrange with the servicing utility for the underground installation of the distribution supply lines and service connections, in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff, as the same are on file with the New Jersey State Board of Public Utility Commissioners; provided, however, that lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from these overhead lines, but any new service connections from the utilities' overhead lines shall be installed underground. In cases where extension of service are needed to existing or new buildings in established subdivisions or developments, the present method of service may be continued. In the case of existing overhead utilities, however, should a road widening or an extension of service or any other condition occur as a result of the development and necessitate the replacement or relocation of the utilities, the developer shall cause the replacement or relocation to be underground.

Upon submission of preliminary plats or plans for approval, the developer shall present a statement of interest, setting forth all public utility companies to serve the tract and a letter from each company stating that service will be available to the development. Any deviation from the statement of interest shall render null and void any approvals granted by the Township.

Prior to the preconstruction meeting proceeding the commencement of construction, the developer shall furnish the administrative officer a copy of the agreements with the applicable public utility companies certifying the jurisdiction of the public utility company for the particular portion of the Township; indicating agreement with the proposed utility installation design; and stating who will construct the facility so that service will be available prior to occupancy. The form of the agreement(s) shall be reviewed and approved by the Township Attorney prior to the commencement of construction.

The developer shall provide the Township with four copies of a final as-built plan showing the installed location of the facilities. In accordance with the provisions of § 500-1003D(4), the plan shall be certified by a licensed professional engineer.

Easements along property lines or elsewhere for utility installation may be required. The easements shall be at least 20 feet wide and located in consultation with the companies or Township departments concerned and, to the fullest extent possible, shall be centered on or adjacent to lot lines. The easement dedication shall be expressed on the plat or plan as follows: "Utility right-of-way easement granted for the purposes provided for in the Land Development Ordinance of Bordentown Township."

§ 500-513 Sanitary sewers and septic systems.

Where a public waste water treatment plant and collection system is accessible, or where the facilities are to be constructed as a condition of approval of any application for development, the developer shall construct the waste water treatment facilities and/or sanitary sewer lines and building connections in accordance with New Jersey Department of Environmental Protection permit requirements and in a manner so as to make adequate sewage treatment available to each lot and building within the development.

Where, in the written opinion of the Board of Health to the Planning Board, the soil characteristics of the subject land are of a quality to permit the use if individual subsurface sewage disposal systems as a temporary means of sewage disposal, they may be approved in the absence of accessibility to a public waste water treatment plant or the construction of the treatment facilities by the developer. In the event of approval of the use of individual subsurface sewage disposal systems, the Planning Board additionally may require the installation of sanitary sewer lines, including connections to each building, for future use when public sewage treatment facilities are provided to serve the realty improvements to be constructed in the development.

The end fitting of all dry sanitary sewer building connection lines shall have a tamper proof plug or cap, temporarily sealed with a material that can be removed to utilize the fitting when the system is to be activated. The Plumbing Subcode Official or the Plumbing Inspector shall affix an adhesive backed disc on the cap or plug bearing a preprinted message and instructions related to tampering and future use, that will be sufficient to alert and warn the original and subsequent occupants of the building. The capping and plugging shall be performed by the developer who shall be responsible for all costs and expenses related thereto and the message disc shall be provided and attached by Township representatives.

§ 500-514 Radio, television and satellite dish antennae.

Purpose.

To reduce the visual impact of radio, television and satellite dish antennae from surrounding properties and from public streets.

To promote a desirable visual environment in the Township through the creative placement and screening of radio, television and satellite dish antenna.

General provisions. Radio, television and satellite dish antennae proposed to be installed and operated within Bordentown Township shall comply with all of the following general provisions:

Licensed radio and television stations and licensed and approved cable television facilities are exempted from compliance with this section.

No radio, television or satellite dish antenna shall be placed on any lot which does not contain a permitted principal structure.

A radio, television or satellite dish antenna may be roof-mounted or may be installed on the ground. If roof-mounted, the antenna shall not exceed 40 inches in diameter, shall not extend more than four feet above the roof line where it is mounted, and shall be located toward the rear of the structure away from the street line. If mounted on the ground, the antenna shall not exceed 12 feet in diameter, shall not exceed more than 15 feet above ground level, and shall be located in the rear yard area. If usable satellite signals cannot be received by locating the antenna in the rear yard, the antenna may be located in the side yard, provided that a special satellite use permit is obtained prior to the installation. The permits shall be issued by the Zoning Officer upon a showing by the applicant that usable satellite signals are not receivable from any location in the rear yard. Each ground-mounted antenna shall be set back a distance equivalent to the diameter of the antenna or the setback requirements specified for accessory structures in the zone in which the antenna is located, whichever distance is greater.

A satellite dish antenna shall be solid or of mesh type construction, and shall be of a color as to blend in with the immediate natural environment.

A ground-mounted antenna shall be effectively screened from adjacent properties with nondeciduous plantings. The location of the plantings shall not interfere with the reception of signals. Plantings shall be selected which, to the greatest extent possible, will blend the antenna to the immediate surrounding area.

No lot shall have more than one radio, television or satellite dish antenna. Wires and cables running between the ground-mounted antenna and any structure shall be installed underground. The installation of the antenna shall meet all local, state and federal requirements, including the State Uniform Construction Code.

Portable-mounted satellite dish antenna are prohibited.

No antenna shall contain, be used as, or be situated in a manner so as to constitute a sign or advertisement.

Radio, television and satellite dish antenna shall be constructed and installed in a manner so as not to interfere with television, radio or similar reception in adjacent and nearby areas.

SIGN PROTRUSION AND ARRANGEMENT

Applications for installation or construction of a radio, television or satellite dish antennas on lots containing one-family or two-family dwellings shall be subject to review and approval by the administrative officer and a construction permit is required. All other radio, television or satellite dish antennas shall require minor site plan approval prior to the issuance of a construction permit.

§ 500-515 Signs.

[Ord. No. 1998-09, § 8, 5-19-1998; Ord. No. 2008-17, 8-25-2008; Ord. No. 2014-11, 4-7-2014]

Sign and sign-related definitions. As used in this chapter, the following terms shall have the meanings indicated:

AWNING

A temporary or removable wolflike covering that projects from the wall and is physically secured to the wall of the building for the purpose of shielding openings from the interior area of the building.

BILLBOARD

Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than on a building or grounds to which the advertising applies. (Refer to conditional uses, § 500-601C, Billboards.)

BUSINESS SIGN

An on-premises sign which directs attention to a business, commodity, service, industry, or other activity which is sold, offered, or conducted on the premises on which the sign is located or to which it is affixed.

CANOPY, ATTACHED

An architectural projection supported to or attached to the building which may be supported by columns or piers.

CANOPY, FREESTANDING

A multisided overhead structure supported by columns; however, not enclosed by walls.

DEVELOPMENT SIGN

A sign designating the name of a subdivision of residential homes, whether single-family or multifamily, attached or detached or apartment complex.

DILAPIDATED SIGN

A sign which is structurally unsound; contains faulty wiring or loose fastenings; is illegible, in poor condition and/or disrepair; or is otherwise detrimental to public health, safety or welfare.

DIRECTIONAL SIGN

Any sign which is designated and erected solely for the purpose of traffic or pedestrian direction which is placed on the property to which or on which the public is directed.

FACADE

The front wall of any building or the sides of a building that faces a public street, which shall be distinguished by the architecture of the building as the front.

FINAL APPROVAL

Final approval of all signs shall be subject to review and inspection in the field by the Township Code Official or its designee.

FLAG, FEATHER

A sign with or without characters, letters, illustrations, or ornamentations applied to cloth, paper, flexible plastic, or fabric of any kind with only such material for backing. Feather flags are generally a single sign attached to a support post and typically having a dimensional ratio of four high to one wide. This definition includes so-called "teardrop flags," "windflowers flags," "feather banners," "bow flags," and other similar-type signs.

FUNCTIONAL SIGN

Directional, informational or public service signs, such as signs advertising locations of rest rooms, telephones or similar facilities of public convenience, including entry and exit signs from parking areas. Functional signs shall not include any name or business or message other than the directional or informational material as above.

GRADE LEVEL OF SIGN

The lowest point of elevation of the finished surface of the ground where the sign support meets the ground.

INTERNAL SIGN

Any sign erected, constructed or maintained inside of a building and visible from outside the building, whether illuminated or nonilluminated.

INTERNALLY LIGHTED SIGN

Any sign whose sole source of artificial illumination is contained within the display portion of the sign.

MOBILE SIGN

A sign which is not permanently attached to a building or not placed in the ground in a fashion as to be permanent in a manner conforming to the Uniform Construction Code or which is located or attached to a trailer, on wheels, or similar attachment so that the sign may be moved from place to place, either within the lot or to another location.

SIGN

Any building or structure or portion thereof on which any announcement, declaration, demonstration, display, illumination, insignia, or other visual communication is used to advertise or promote the interest of a person, products or service when the same is placed in view of the general public.

SIGN AREA MEASUREMENT

The area of a sign shall be measured around the edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background whether open or enclosed, by the area shall not include any supporting framework and bracing incidental to the display itself.

SIGN HEIGHT

In the case of a freestanding sign, will be computed from grade level to the greatest height at any one point in the sign. In the case of an attached sign, no sign can be higher than the level of a second floor window sill in a two-or-more-story building, nor can it be higher than the lowest point of the roofline in a single-story building, except where a roof sign is expressly permitted in certain zones.

SIGN MESSAGE

No sign shall contain messages advertising and/or depicting any obscene materials and/or any adult entertainment material.

No portion of the sign, excluding lighting or basic structural elements, shall project more than six inches from the face of the sign and shall be parallel with the face of the sign. The sign is to be arranged so it is perpendicular to the right-of-way on which the property fronts.

SIGN SIZE

The square foot area of a sign computed by multiplying its greatest width by its greatest length, exclusive of supporting structures and bracing devices, unless the supporting structures and bracing devices are illuminated or are in the form of a symbol or certain words or symbols, in which case the supporting structure shall also be computed in determining sign size. Two-sided signs carrying substantially the same message on each side shall be measured by using the surface of one side in the case of two-sided signs. When there is a substantially different message on each side of the sign, each side will be considered a separate sign.

SIGN, ANIMATED

Any sign, or part of a sign, which changes physical position by any movement and/or rotation or gives the appearance of motion or rotation. These signs include devices activated by the wind, electric power, or similar methods.

SIGN, AWNING

A sign mounted to, painted on, or secured to the surface of the awning. Signs on awnings which are less than 10 square feet in net area shall not be considered as signs and thus shall not be regulated.

SIGN, BANNER OR PENDANT

A sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentation that is applied to paper, plastic or fabric of any kind. National flags not conveying a commercial message shall not be considered pendant signs.

SIGN, CANOPY

A sign that is mounted to, painted on, or secured flat against the surface of the canopy that is otherwise permitted.

SIGN, ELECTRONIC CHANGEABLE COPY SIGN

A sign or portion thereof that displays electronic, nonpolitical, text information in which alphanumeric character, graphics symbols or combination is defined by a small number of matrix elements using different combinations of light-emitting diodes (LED), fiber optics, light bulbs or other illumination devices within the display area. For the purpose of this chapter, "electronic changeable copy sign" shall include, but not limited to, signs commonly referred to as "LED," "plasma" or "electronic" signs.

SIGN, FREESTANDING

Any immovable sign supported by columns, posts, poles, footings and/or braces placed in or upon the ground and not affixed to a building.

SIGN, MONUMENT

A sign in contact with the base or monument that is physically in contact with the ground.

SIGN, NONCONFORMING

Any sign that does not conform to the regulations of this section.

SIGN, OFF-PREMISES

Any sign located off the site for which the sign is advertising.

SIGN, TEMPORARY

A sign which is not permanently attached to a building structure or permanently affixed to a freestanding structure and which may be erected for a limited period of time in compliance with the provisions of this chapter. A sign constructed of paper, cloth, canvas, plastic, plywood, vinyl or other lightweight material intended to display a message on a temporary basis, not lasting more than 60 consecutive days in duration within a given calendar year.

SITE/USE ABANDONMENT

If the use of the site is abandoned, then its associated sign permit shall also be considered abandoned. Provisions for removal of the sign must be addressed once the sign is no longer in use. Signs which are dormant or unused for more than one year shall be completely removed, including below-ground structures, at the owner's expense upon notification by the municipality.

STREET SIGN

Street signs shall be of the type, design and standard previously installed elsewhere in the Township. The location of the street signs shall be determined by the Township, but there shall be at least two street signs furnished at each intersection. All signs shall be installed free of visual obstruction.

WALL FASCIA or ATTACHED SIGNS

Wall fascia or attached signs shall be firmly attached to the exterior wall of a building and shall not project more than 12 inches from the building.

WARNING SIGN

A sign indicating that trespassing, fishing and/or hunting is prohibited or advising of an existing or potential danger where such a message providing a warning is legally required or permitted.

WINDOW SIGN

Interior window signs shall not be considered in computing the allowable signs; provided, however, that the interior signs shall not exceed 1/3 of the total window area.

Permit required. No person shall erect a sign without first having obtained a permit therefor.

Application requirements. An applicant for a permit to erect a sign shall submit the following to the Township Zoning Officer:

Applicant's name and address.

Block and lot number of the property on which the sign is to be erected.

Name and address of the property owner, if different from that of the applicant.

Sketch or survey of the property showing the location of the proposed sign.

Description of the sign, including size, height, location and construction material. If the sign is to be lighted, details of the proposed lighting shall be provided.

Purpose for which the sign is to be erected.

Application fee. The fee for a sign permit shall be set forth in Article IX of this chapter and shall be submitted with the application. The application fee is nonrefundable.

Action on application. The Township Zoning Officer shall review each application to determine whether the proposed sign meets the requirement of this chapter. If the proposed sign is found to meet chapter requirements, the permit shall be issued; otherwise it shall be denied. Reasons for denial shall be set forth in writing. The Township Zoning Officer may refer any sign permit to the Planning Board for advice and comment. All permit applications shall be acted upon within 10 days after submission, or within 10 days after the first Planning Board meeting is held following a referral thereto, as the case may be.

For lots under 10,000 square feet, the Zoning Officer shall determine whether the monument sign conforms to the requirements. If the monument sign is in conflict with or blocks visibility of a sign on an adjacent lot, a waiver may be granted by the Zoning Officer for sign location only.

General provisions.

Prohibited features and designs.

No signs shall be placed on or attached to a building or erected independently for any purposes other than to advertise a permitted business or use conducted on the same premises unless specifically permitted herein.

Animated, flashing and illusionary signs. Signs using mechanical, electrical or similar devices to revolve, flash or display movement or the illusion of movement are prohibited. No distracting displays are permitted, including moving parts, flashing lights, animated displays, scrolling displays, video displays, or displays that turn. Any sign which has text that changes more than once every 30 seconds shall be prohibited. Transition between sign changes shall be no longer than two seconds. That portion of the sign which contains changeable text shall consist of no more than 20% of the overall sign area, inclusive of conforming signs displaying the time, date or temperature. No more than one electronic sign is permitted per street frontage.

Height. No attached sign shall be higher than 25 feet. No monument sign shall be higher than 12 feet.

Monument signs.

One monument sign shall be permitted for each street frontage, except where the frontage exceeds 2,600 feet, in which case two signs shall be permitted. The base of the monument sign shall be constructed of materials that are consistent with the building architecture and shall be landscaped with plantings.

Size (abutting right-of-way).

Posted Speed (mph)	Maximum Area (square feet)	Maximum Height (feet)
30 to 40	48	6
45 to 55	120	12

Monument signs shall be mounted so that the bottom of the sign is at least 18 inches above ground level. The base of the sign is not calculated in the size of the sign itself.

Illuminated signs. Illuminated signs shall be arranged to reflect the light and glare away from adjoining streets, vehicular circulation and residential properties. The light from the sign shall not interfere with the ability of the operator of a motor vehicle to have clear and unobstructed view of the streets, approaching, merging or intersecting traffic, or official signs, signals or traffic control devices. In order to improve safety, and prevent confusion or conflict with emergency vehicles, no red lighting shall be utilized. They shall conform to the following:

No sign with red, green, blue or amber illumination in a beam, beacon or flashing form resembling an emergency light shall be erected in any location.

No sign, display or advertising device shall be erected which in any way resembles any standard traffic control device. The sign shall not exhibit exposed incandescent bulbs, neon tuber or mirrors.

Dark sky considerations shall be addressed for all lighting. This consideration refers to the use of standards for lighting to reduce and minimize the effect of obtrusive and excessive outdoor lighting while promoting the aesthetic enhancements which result from more efficient and quality outdoor lighting. The reduction of light pollution should be addressed for all signs. Energy efficient options that direct the light where it is intended shall be provided.

Top-mounted external light fixtures shall have illumination light levels designed that the beam angle is not greater than the size of the sign. Illumination from other positioned light fixtures shall continue to be restricted to the sign area. Directional control devices shall be used to eliminate light spillage. Detailed plans are to be provided to illustrate the light distribution patterns. Upon installation, the light fixtures are to be permanently affixed and maintained in the approved position according the terms of the approving resolution.

Light fixtures shall be directed to prevent any direct glare source visible from any adjacent property. The light fixtures shall contain devices to prevent light spill and glare upward and onto adjacent properties. Wiring to the sign for power or control shall be underground.

Light fixtures are not to be attached or mounted to public property (i.e., buildings, utility poles, streetlights, road signs).

Light fixtures shall be installed within the setback areas of the property.

Electronic changeable copy signs shall include computer programmable, microprocessor-controlled displays, but shall not include time and temperature signs. In addition, electronic changeable copy signs shall comply with NJDOT regulations, N.J.A.C. 16:41C-8.8, with respect to the following:

All portions of the sign shall be shielded so as to prevent light from being directed at any portion of the main traveled way of a street or roadway or, if not being so shielded, be of such low intensity or brilliance as not to cause glare or impair the operation of a motor vehicle.

All portions of the sign must have a minimum duration of eight seconds, and a message change shall be accomplished completely within one second or less.

All portions of the sign must be a static display. Message crawls are not permitted.

The sign must be equipped with automatic dimming technology, which automatically adjusts the signs brightness in accordance with ambient light, and which shall limit the lighting level to no more that 0.3 footcandle over ambient levels, as measured using a footcandle meter at a distance of 100 feet.

Only one electronic sign shall be permitted for each property.

The sign shall contain a default design that will freeze the sign in one position if a malfunction occurs.

In addition to the signs authorized in the zone permitting gasoline service stations may display one digital changeable copy sign for the purpose of indicating their gasoline price only. The additional price sign shall not be attached to the building. The sign shall be attached to the approved freestanding monument sign located on the site. The size of the price sign shall not exceed 12 square feet in area.

Electronic changeable copy signs are not permitted in residential zones, excepting institutional uses.

Information and direction signs. Street number designations, postal boxes, "private property," "no hunting," on-site directional and parking signs and warning signs are permitted in all zones but are not considered in calculating sign area. None of those signs shall exceed two square feet in area, nor do those signs require a sign permit. Street address numbers shall be at least three inches high and of a contrasting color to the background and shall be prominently displayed on buildings so as to be easily visible at all times and under all weather conditions.

Maintenance. Every permitted sign must be constructed with durable materials, must conform to the requirements of the Uniform Construction Code (UCC), and must be kept in good condition and repair. The sign shall be maintained by the owner, including painting, repairing, and cleaning as necessary. Any sign that, because of improper maintenance, is deemed to be in a state of disrepair shall be repaired by the owner of said sign within 14 days of the notice of requiring repair. If the repair is not satisfactorily completed, the sign shall be considered as subject to the regulations of the Property Maintenance Code of Bordentown Township.

Nonprofit organization event signs. Any organization formed for or exclusively engaged in nonprofit charitable or benevolent activities may erect not more than six signs, temporary in nature as described herein, announcing an event sponsored by the organization, to take place within the Township of Bordentown, subject to the following conditions:

A written application shall first be submitted by the organization to the Zoning Officer, naming a Bordentown Township resident as the organization's local contact person, identifying the name of each property owners where signs shall be posted, and containing the owner's written permission for display of the signs. No fee shall be charged for filing the application.

The application shall be accompanied by a sketch showing:

The proposed signs; and

The locations where the signs will be displayed.

One sign may be located on the property owned by the nonprofit organization, if and wherever the property exists, and up to five signs may be located on properties other than that which may be owned by the nonprofit organization, provided the properties are situated within nonresidential zoning districts.

Permitted signs may be freestanding or attached. Each sign shall not exceed 32 square feet in area. If freestanding, the sign shall not exceed five feet in height and shall be set back from all street, driveway, and property lines a distance equivalent to one linear foot for each 2.5 square feet of sign area.

The permitted signs shall not be illuminated and shall be located so as to not interfere with driver vision.

All signs shall be constructed of durable material, shall be neatly painted and shall be adequately secured for aesthetic and safety purposes.

No more than one sign for any particular nonprofit organization shall be permitted on any particular property at the same time and no more than two nonprofit organization event signs shall be permitted on any particular property at the same time.

Permitted signs may be displayed for not more than two weeks, and the specific time period for the display of signs shall be indicated on the written application, unless the advertised event occurs earlier, in which instance the sign shall be removed three days after the event.

It shall be the responsibility of the organization to remove all permitted signs prior to the expiration of the specified time period for their display.

Political signs. Political signs, temporarily giving notice of political campaigns, shall be located on private property and shall be set back at least 10 feet from all side property lines and shall not exceed 16 square feet in area. Signs shall be permitted within 60 days prior to any municipal, county, state or national election and shall be removed within five days after the election. No political sign shall be erected on any public property or within the right-of-way of any street. Political signs erected in conformance with this provision do not need a sign permit.

Real estate signs. Real estate signs temporarily advertising the sale, rental or lease of the premises or portion thereof shall be located on private property and, if not attached to the building, shall be set back from all side property lines a minimum distance of 10 feet. Signs shall not exceed four square feet in area on individual residential lots and 32 square feet in area within nonresidential districts and within major residential subdivisions of four or more lots where the signs are used to advertise the development and signify the location thereof. All real estate signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter of business being advertised or, in the case of major residential subdivisions, when 95% of the lots have been initially sold. "Sold" signs shall be permitted between the signing of the contract of sale and the date of the legal closing. Real estate signs do not require a construction permit.

(11)

Billboards and off-premises signs. Billboards and off-premises signs are classified as conditional uses in the districts where authorized in the Township Code, currently in Article IV with standards established in § 500-601C, including amendments per Ordinance No. 2007-13.

(12)

Flags of the United States of America, the State of New Jersey, the Township of Bordentown and those specifically authorized or required by federal or state law. The flags of the United States of America, the State of New Jersey, the Township of Bordentown and those specifically authorized or required by federal or state law may be displayed in all zones and do not need a construction permit. A flagpole shall, however, be considered a sign structure and shall comply with standards applicable to signs, including setback and height requirements, except that the height of a flagpole for the display of the flags of the United States of America, the State of New Jersey, the Township of Bordentown and those specifically authorized or required by federal or state law shall not exceed the height of the principal building by more than 10 feet.

(13)

Signs permitted without a zoning permit.

Temporary and permanent traffic signs and signals installed by the Township, county and/or state for the purpose of directing and regulating traffic flow.

Signs indicating public transportation stops when installed by the Township or public transportation utility.

Historic tablets, cornerstones, memorial plaques and emblems which do not exceed six square feet in area and which are installed by government agencies or civil or religious organizations.

No trespassing signs; signs indicating the private nature of a road driveway or premises, provided that area of one side of any such sign shall not exceed two square feet.

Signs for garage sales, provided that not more than six signs not exceeding two square feet in size are posted no earlier than one week before the beginning of the sale and are removed the day following the sale and are not otherwise prohibited.

Relocation information signs for a period of 30 days. Relocation signs shall be restricted to the present location of the relocating business and the future location of the relocating business.

Permanent and temporary window signs and internal signs visible from the exterior of the building, provided that they do not individually or collectively exceed 1/3 (33 1/3%) of all available window space on the wall on which the signs are located.

Temporary signs promoting special events, such as grand openings, sales or similar events shall conform to the following:

Only three temporary ground signs for each street frontage shall be allowed, which include streamers, flags, pennants, spinners, blades or similar devices.

Temporary signs shall exceed 20 square feet in area. They shall not exceed 10 feet in height and shall be set back inside the property line.

Temporary signs shall be firmly imbedded in the ground and securely anchored for safety purposes..

All temporary signs shall be nonilluminated.

All temporary signs shall be removed after 30 days.

Temporary signs shall not be permitted on telephone poles or trees.

Temporary signs must be maintained in good condition.

The Zoning Officer shall be notified, in writing, at least seven days prior to the event. Said notification shall include information on the proposed signs or a certification that they will conform to the requirements set forth herein.

Feather flag or feather banner signs shall conform to the following:

A maximum of three signs are permitted per street frontage.

They shall be a maximum of 11.5 feet high by 2.5 feet wide.

The sign may only remain in place no more than 90 continuous calendar days in any year.

The sign shall be firmly imbedded in the ground.

All signs shall be nonilluminated.

All signs shall be set back inside the property line.

They shall be maintained in good condition.

Prior to installing any sign, the owner shall submit written notification to the Zoning Officer, including pictures of the area, 14 days prior to installation.

If a property owner shall have installed any of the above signs that do not meet the criteria of this code, or should the property owner fail to notify the Zoning Officer as required, the Zoning Officer may institute enforcement measures consistent with this chapter to cause their removal and/or pay penalties.

(14)

Prohibited signs. The following signs are prohibited in all zones in the Township:

Freestanding signs are prohibited. Existing freestanding signs which have been approved and installed prior to the effective date of this provision are permitted to remain in place. However, a change of use, change of ownership or other transference of business will require that the freestanding sign is replaced with a monument sign.

Signs using red, yellow and green lights placed within 100 feet of any traffic control signal now or hereafter erected.

Moving or revolving signs and signs using blinking, flashing, vibrating, flicker, tracer or sequential lighting.

Signs using any material which sparkles or glitters, but nothing herein contained is intended to prohibit the use of reflective paint on signs directing traffic or identifying various locations within a lot or parcel. Signs which emit smoke, visible vapors or particles, sound or odor.

Roof signs, except mansard façade signs.

Signs or advertising matter of indecent or obscene nature.

Signs using words such as "stop," "look" or "danger," or which are placed in a manner or position which constitutes a traffic hazard or otherwise interferes with the free flow of traffic.

Signs which attempt to imitate or otherwise cause confusion with existing signs erected by any governmental board, body or agency.

Flags, string of banners, pinwheels and any sign within the public right-of-way.

Signs attached, affixed or painted on trees, fences, utility poles, light poles, attached to motor vehicles which are continuously or repeatedly parked in a conspicuous location to serve as a sign, but nothing herein contained is intended to prohibit the placement of signs directing traffic or identifying various locations within a lot or parcel on light poles and utility poles erected therein.

(k)

Vehicular signs.

(l)

Mobile or portable signs, including A- and T-frame signs, menu or sandwich board signs, tethered balloons and inflatable signs.

(m)

No billboards shall be erected or replaced, except where authorized and approved as a conditional use pursuant to this chapter.

(n)

No signs shall be erected, altered or replaced which are not in compliance with the State Uniform Construction Code and the standards established in this chapter.

(o)

No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic directional and identification signs, other places of business, or other signs or windows of building on which they are located.

(p)

Any sign located along the right-of-way of a state or federal highway shall comply with any more restrictive requirements of the state and federal government relating thereto.

(q)

No monument sign shall block the view of any existing sign.

(15)

Unlawful cutting of trees and shrubs. No person may, for the purpose of increasing or enhancing the visibility of any sign, damage, trim, destroy or remove any trees, shrubs or other vegetation located:

Within the right-of-way of any public street or road, unless the work is being done pursuant to the express written authorization of the Township or agency having jurisdiction over the streets.

On property that is not under the ownership or control of the person doing or responsible for such work, unless the work is being done pursuant to the express authorization of the person owning the property where such trees and shrubs are located.

(16)

Sign messages. No sign shall contain messages advertising and/or depicting any obscene material and/or any adult entertainment material.

[Ord. No. 2008-17, 8-25-2008]

(17)

Site/use abandonment. If the use of the site is abandoned, then its associated sign permit shall also be considered abandoned. Provisions for the removal of the sign must be addressed once the sign is no longer in use. Signs which are dormant or unused for more than one year shall be completely removed, including below-ground structures, at the owner's expense upon notification by the municipality.

[Ord. No. 2008-17, 8-25-2008]

(18)

Sign protrusion and arrangement. No portion of the sign, excluding lighting or basic structural elements, shall project more than six inches from the face of the sign and shall be parallel with the face of the sign. The sign is to be arranged so it is perpendicular to the right-of-way on which the property fronts.

[Ord. No. 2008-17, 8-25-2008]

(19)

Final approval. Final approval of all signs shall be subject to review and inspection in the field by the Township or its designee. Any fees incurred by this inspection will be the responsibility of the applicant.

[Ord. No. 2008-17, 8-25-2008]

Signs permitted in all residential zones, including the R-40, R-30, R-20, R-10, R-8, R-7, R-6, RC-20, RC-30, RC-30T, RC-5000, RC-4500, RC-7700, AR/AH, AH100, and A/T Zones.

[Amended 4-25-2022 by Ord. No. 2022-06]

Detached dwellings. Information and direction signs shall not exceed two square feet in area, nor do those signs require a sign permit. Street address numbers shall be at least three inches high and of a contrasting color to the background and shall be prominently displayed on buildings so as to be easily visible at all times and under all weather conditions.

Churches, schools, farms, fire and emergency service stations and other public or quasi-public institution may have one monument sign not to exceed 10 feet in height and not to exceed 16 square feet in area.

For all other signs, the maximum height shall not exceed six feet and a maximum area shall not exceed two square feet, except for home occupation signs which shall not exceed four square feet in area.

The minimum setback for a sign shall be 15 feet from all property lines.

Signs permitted in the PO Professional Office.

Detached dwellings:

Information and directions signs shall not exceed two square feet in area, nor do those signs require a sign permit. Street address numbers shall be at least three inches high and of a contrasting color to the background and shall be prominently displayed on buildings so as to be easily visible at all times and under all weather conditions.

For all other signs, the maximum height shall not exceed six feet and maximum area shall not exceed two square feet, except for a home occupation sign which shall not exceed four square feet in area.

The minimum setback for a sign shall be 10 feet from all property lines.

The minimum setback for a sign shall be 10 feet from all property lines.

CC Community Commercial; HC Highway Commercial; HCO-1 Highway Commercial Overlay 1.

[Amended 11-8-2021 by Ord. No. 2021-14]

Uses in the CC District:.

Each principal commercial building not part of a shopping center may have one monument sign and one facade sign.

For buildings having two street frontages on a corner lot, or two sides facing the public, as viewed from the street, two facade signs may be permitted; however, the total aggregate area of both signs shall not exceed 15% of the front facade area. The second facade sign may not be at the rear of a building when the rear is a primary service and/or loading area.

Monument signs shall be set back at least 10 feet from all street and property lines.

The height of the monument sign shall not exceed 12 feet.

When a principal building occupying at least 750 square feet of segregated area has direct access from the outside, a sign not exceeding 15% of the front facade or 24 square feet in area, whichever is less, identifying the name of the activity or company, and a company logo no larger than four square feet shall be permitted.

Facade signs shall be attached flat against the building and shall not be higher than the roofline.

Uses in the HC and HCO-1 Districts:

Each principal commercial building not part of a shopping center or each shopping center may have one monument and one facade sign.

The height of the monument sign shall not exceed 12 feet.

For buildings having two street frontages on a corner lot, two facade signs may be permitted; however, the total aggregate area of both signs shall not exceed 15% of the front facade area. The second facade sign may not be at the rear of a building when the rear is a primary service and/or loading area.

Monument signs shall be set back at least 10 feet from all street and property lines.

Facade signs shall be attached flat against the building and shall not be higher than the roofline.

GC-I General Commercial and GC-II General Commercial.

Uses permitted in the GC Districts:

Each principal commercial building not part of a shopping center may have one monument and one facade sign.

Monument signs shall be set back at least 10 feet from all street and property lines.

The height of the monument sign shall not exceed 12 feet.

Facade signs shall be attached flat against the building and shall not be higher than the roofline.

REO Research, Engineering and Office.

Uses permitted in the REO District:

Each principal office building, research and engineering building may have one monument and one facade sign.

For buildings having two street frontages on a corner lot, two facade signs may be permitted; however, the total aggregate area of both signs shall not exceed 15% of the front facade area.

Monument signs shall be set back at least 10 feet from all street and property lines.

The height of the monument sign shall not exceed 12 feet.

Facade signs shall be attached flat against the building and shall not be higher than the roofline.

Facade signs shall be attached flat against the building and shall not be higher than the roofline.

Each subdivided development park may have one sign along each arterial or collector road which the tract in question abuts, provided that there exists at least 250 feet of unbroken frontage. The sign(s) shall not exceed 12 feet in height, shall be set back from the street right-of-way, driveways and property lines at least 30 feet, shall not exceed an area of 100 square feet, and shall be used only to display the development's name.

No parking signs. Installation of signs indicating "No Parking" shall be permitted on those streets, or portions thereof, as set forth for in Chapter 475, Vehicles and Traffic, Article II, Schedules, § 475-11, Schedule I, No Parking. Such signs shall be of the type, design and standard previously installed within the Township. The location of "No Parking" signs shall be determined by the Township. All signs shall be installed free of visual obstruction. Signs installed in conformance with this provision shall not require a permit.

[Ord. No. 2018-22, 8-13-2018]

Trucks over four tons excluded signs. Installation of signs indicating "Trucks Over Four Tons Excluded" shall be permitted on those streets, or portions thereof, as set forth for in Chapter 475, Vehicles and Traffic, Article II, Schedules, § 475-15, Schedule V, Trucks Over Four Tons Excluded. Such signs shall be of the type, design and standard previously installed within the Township. The location of "Trucks Over Four Tons Excluded" signs shall be determined by the Township. All signs shall be installed free of visual obstruction. Signs installed in conformance with this provision shall not require a permit.

[Ord. No. 2018-22, 8-13-2018]

§ 500-516 Streets, curbs and sidewalks.

[Ord. No. 1992-4, § 2, 4-28-1992]

Streets.

All developments shall be served by paved streets in accordance with the approved subdivision and/or site plan and all streets shall have an adequate crown. The arrangement of the streets not shown on the Master Plan or Official Map, as adopted by the Township, shall be designed in a manner so as to provide for the appropriate extension of the streets and conform with the topography as far as practicable.

When a new development adjoins land susceptible of being subdivided or developed, suitable provisions shall be made for access to adjoining lands.

Local streets shall be so planned and identified with appropriate signs so as to discourage through traffic.

In the event that a development adjoins or includes existing streets that are narrower than the widths shown on the adopted Master Plan or Official Map or the street width requirements of this chapter, additional land along either or both sides of the street, sufficient to conform to the right-of-way requirements, shall be dedicated for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way. The necessary deeds of ownership shall be furnished and the dedication shall be expressed as follows: "Street right-of-way granted for the purposes provided for and expressed in the Land Development Ordinance of Bordentown Township." If the development is along one side only, 1/2 of the required extra width shall be dedicated and shall be improved, including excavation, base course and surfacing, in accordance with the approved application.

In all developments, the minimum public street right-of-way shall be measured from lot line to lot line. The cartway shall be the paved portion of the roadway. In no case shall a new street that is a continuation of an existing street be continued at a right-of-way or cartway width less than the existing street although a greater width may be required in accordance with the following schedule:

Street Classification	Right-of-Way (feet)	Cartway (feet)
Residential/local	50 to 56	32 to 36
Commercial streets and streets in industrial parks	60 to 66	40 to 48
Collector	60 to 66	36 to 40
Minor/secondary arterial, or located in commercial districts or industrial parks	72 to 80	40 to 48
Arterial	80 to 100	60 to 76

Street intersections shall be as nearly at right angles as possible and in no case shall be less than 80°. Approaches to all intersections involving collector or arterial roads shall follow a straight line, or a curve with a radius of not less than 700 feet, for at least 100 feet. No more than two streets shall meet or intersect at any one point and the centerlines of both intersecting streets shall pass through a common point. Any development abutting an existing street classified as an arterial or collector shall be permitted only one new street connecting with the same side of the existing street, except where the frontage is sufficient, more than one street may intersect the arterial or collector street, provided the streets shall not intersect with the same side of the existing street at intervals of less than 800 feet. The block corners of intersections shall be rounded at the curbline, with the street having the highest radius requirement as outlined below determining the minimum standards for all curblines:

Street Classification	Curbline Radius (feet)
Residential/local	20
Collector	25
Minor/secondary arterial	30
Arterial	30

A tangent of at least 100 feet long shall be introduced between reverse curves on arterial or collector streets. When connecting street lines deflect from each other at only one point, they shall be connected by a curve with a radius conforming to standard engineering practice as contained in the "Transportation & Traffic Engineering Handbook," ITE, latest edition.

Culs-de-sac serving residential areas shall be no more than 750 feet in length. Culs-de-sac serving nonresidential areas shall be no more than 1,000 feet in length. A turnaround shall be provided at the end of the cul-de-sac with a radius of 50 feet on the curbline plus a utility and planting strip of 10 feet around the entire cul-de-sac. The center point for the radius shall be the centerline of the associated street or, if off set, off set to a point where the radius becomes tangent to the right curbline of the associated street.

No street shall have a name which will duplicate or so nearly duplicate the name of an existing street name that confusion might result. The continuation of an existing street shall have the same name. Curvilinear streets shall change their name only at street intersections. The Planning Board shall have the right to approve or name streets within a proposed development. No name of a street shown on an approved site plan shall be changed without the approval of the Planning Board.

The pavement width of streets and the quality of subsurfacing and base materials shall adhere to the minimum standards set forth by the county or state engineers when the paving concerns roads under their jurisdiction and where the appropriate standards exist. For streets under the jurisdiction of the Township, the following standards shall apply:

All construction shall be in accordance with the applicable portions of the "Land Development Review Resolution" of Burlington County and the New Jersey Department of Transportation Specifications for Road and Bridge Construction, current edition.

On all Township roads, the base course shall be five inches of bituminous stabilized base, stone mix No. I-2, constructed in two layers each of not less than 2.5 inches of compacted thickness.

The surface course for all Township roads shall consist of two inches of bituminous concrete, type FABC, Mix No. I-5, applied according to the New Jersey Department of Transportation Specifications for Road and Bridge Construction, current edition.

Where subgrade conditions are wet, springy or of a nature that surfacing would be inadequate without first treating the subgrade, a dense rated aggregate base course or soil aggregate base course shall be provided as directed by the Township Engineer.

Curbs. Curbing, either belgian block, granite or concrete shall be installed along both sides of all streets. All curbing shall be laid in the manner approved by the Township or other appropriate governmental authority. All curb construction shall be in accordance with the applicable portions of the "Land Development Review Resolution" of Burlington County. Depressed curb ramps for the handicapped shall be installed at all radii in accordance with the laws of the State of New Jersey.

Sidewalks.

Sidewalks and aprons shall be required on both sides of all existing and proposed streets serving an arterial or primary collector function.

Sidewalks and aprons on secondary collector and local streets in nonresidential developments and in residential planned developments shall be required, at the discretion of the Board, depending upon the probable volume of pedestrian traffic, the general type of development intended and any alternate plans proposed for the movement of people and bicycles.

Where required, sidewalks shall be at least four feet wide and shall be four inches to six inches thick. Sidewalks, aprons, and sidewalks at aprons shall be concrete and shall be constructed in accordance with the applicable portions of the "Land Development Review Resolution" of Burlington County.

Testing.

[Ord. No. 2008-5, 3-24-2008]

Streets, curbs, sidewalks and driveways shall be tested in accordance with § 500-902F.

In addition, all concrete curb, sidewalk and driveways shall be tested as follows: During the progress of the work, the contractor shall take concrete cylinder specimens to test compressive strength and air void content/air entrainment in accordance with the most current ASTM standards. Not fewer than one specimen per concrete truckload shall be made for each test.

§ 500-517 Swimming pools.

[Ord. No. 2002-18, 8-5-2002]

No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools, which include caps and aprons, shall be located in rear yards only and shall occupy no more than 75% of the rear yard area. A minimum ten-foot setback from water's edge to each property line shall be required for in-ground pools. A minimum four-foot-wide landscape buffer in the form of grass, shrubs, or trees shall be provided between the pool structure and the side and rear lot lines. Filters and other mechanical equipment associated with the operation of the pool are not permitted within the ten-foot setback. Aboveground pools are required to have a minimum ten-foot setback between all property lines and the water's edge or the closest portion of the deck constructed to serve the pool, whichever is closest to the property lines. Filters and other mechanical equipment associated with the operation of the pool are not permitted within the ten-foot setback. A minimum distance from the nearest portion of the principal building to the closest portion of the swimming pool structure should not be less than five feet to an open deck that is attached to the principal building. Decks may be built up to the water's edge of the pool, unless the deck is connected to the principal building.

All swimming pools areas must be secured with fencing having a self-latching gate at least four feet high but no more than six feet high, pursuant to any amendments of the state-relevant codes.

All swimming pools shall meet the appropriate design standards as set forth by the National Swimming Pool Institute.

In-ground swimming pools shall require a grading plan showing existing and proposed grades and the proposed flow of surface drainage to ensure no adverse impact on adjoining properties. The plan is to be presented with the application. This plan must also show the location of the proposed pool and any appurtenances and must be signed and sealed by a licensed New Jersey professional engineer.

Aboveground pools shall require a plot plan of the site showing the location of the proposed pool and any appurtenances. This plan is not required to show grades.

Pools that are less than 24 inches deep or having a surface area less than 250 square feet, except when such pools are permanently equipped with a water recirculating system or involve structural materials, shall not require a construction permit.

Filters and other mechanical devices associated with the pool shall be located on the site, designed and buffered in such a way as not to cause undue negative impacts on adjoining properties.

No commercial swimming pool shall be installed unless approved by the Board as part of a site plan approval. Commercial swimming pools shall be classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute or the current edition of the Swimming Pool Code of New Jersey, whichever is more stringent.

§ 500-518 Water supply.

Where public water is accessible, water mains shall be constructed in 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 shall also be designed with adequate capacity and sustained pressure and in a looped system with no dead-end lines, whenever possible.

Subdivisions shall be connected to an existing public water supply system if public service is available within the following distances:

Distance (feet)	Units in the Development
200	1
400	2
600	3
800	4
1000	5

For developments of greater than 15 units which are within one mile from an existing public water supply system, a connection shall be required to the existing public water supply system, except where the Board determines that there is good cause and adequate justification for the granting of a waiver from this requirement.

For developments of greater than 15 units which are more than one mile from an existing public water supply system, the water supply strategy shall be determined on a case-by-case basis taking into consideration the density of the developments, economic considerations, groundwater availability and quality and the public policy in favor of connection to a public water supply system.

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

Water supply system requirements.

Capacity.

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

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

Average daily residential consumption can be computed in accordance with the housing type and size data.

Nonresidential flows can be computed in accordance with standards approved by the Township Engineer.

Fire protection shall be furnished for any development connected to the public water supply system.

Minimum fire flows shall be based on current recommendations by the American Insurance Association and the National Board of Fire Underwriters.

The water system shall be designed to carry peak-hour flows and be capable of delivering the peak hourly demands in accordance with standards approved by the Township Engineer.

System design and placement. System design and placement shall comply with the construction specifications and standards approved by the Township Engineer.

Fire hydrants.

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

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

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

Size, type and installation of hydrants shall conform to the specifications and standards approved by the Township Engineer.

Where no public water is accessible, 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 50 feet of casing where possible or, where the minimum footage of casing is not possible, the well shall be drilled at least 20 feet into unweathered rock. Well installation, seating and testing shall be in accordance with applicable Federal and State laws and regulations, municipal ordinances and in accordance with the guidelines and resolutions adopted by the Township 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 provide a certification by a licensed professional engineer to the Township Board of Health that the installation complies with all applicable state and local regulations.

§ 500-519 Recreational/open space.

[Ord. No. 1996-7, § 9, 5-13-1996]

Purpose and policy.

In order to provide for the safety and general welfare of the public, all subdivisions or site plans in the residential zoning districts of the Township (R-30, R-20, R-10, R-8, R-7, R-6, and A/T) which result in five or more dwelling units, shall set aside areas for off-street recreation and/or play areas in accordance with the requirements for individual zones listed in §§ 500-405 through 500-408. The areas shall not include easement or right-of-way areas. Of the land area set aside for open space, not more than 50% of the minimum set aside requirement may be satisfied by critical lands. No less than 50% of land set aside shall be usable for active recreational uses. The requirements for recreation and open space shall be dependent upon the type and number of residential units proposed in a development in accordance with § 500-519C(3), it being the intent to correlate the open space and recreational facilities to the likely future population within the development. The location, form and design of such areas shall be approved by the approving authority. If that area of land to be set aside constitutes an area of less than one acre, in lieu thereof and prior to preliminary approval, the approving authority may require the developer to contribute to the municipality, for the purposes of recreation, a cash sum or other appropriate gift in accordance with§ 500-519B(1).

The area specifically required and designated for recreational/open space purposes shall be fully usable and adequate for that purpose and shall have all improvements required by this section.

Wherever possible, recreation/open space sites should be located adjacent to school sites. In the case of large subdivisions, consideration should be given to decentralizing several smaller recreational areas throughout the development. The method of preserving such areas for recreation, open space, whether by easement, deed restriction, dedication, homeowner association or other means, shall be approved by the Planning Board.

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

The recreation and open space requirement shall be considered to be waived when enforcement of this requirement would prevent the construction of low- and moderate-income housing.

Dedication of open space to the Township:

Prior to final subdivision approval, the applicant shall agree in writing to dedicate all open space areas within a proposed subdivision to the Township, unless the Township specifically declines to accept dedication of such areas pursuant to the recommendation of the approving authority and the approval of the governing body.

In the event that the Township declines to accept the dedication of open space within a subdivision, the developer shall provide for an organization for the ownership and maintenance of the open space pursuant to N.J.S.A. 40:55D-43 et seq.

Contribution in lieu of construction of active recreation; recreation trust fund.

In lieu of the construction of the active recreation, the developer may elect, with approval by the approving authority, to make a contribution of $1,300 per unit to the Township Recreation Trust Fund. The land required for active recreation will be set aside for passive recreation.

[Ord. No. 2004-19, 3-13-2004]

The Recreation Trust Fund shall be maintained by the Township specifically for the periodic purchase, lease, acquisition and/or maintenance of active recreation lands and improvements for the use of Township residents. The contribution shall be paid as follows: 1/2 at the time of final approval, and the balance prior to the issuance of the first building permit, unless the Township Committee shall approve an agreement, including a modified payment schedule.

General requirements.

Prior to final approval or as otherwise directed by the approving authority, the applicant shall submit, for approval by the Township, manufacturer's descriptive data and supporting information for all park and recreation equipment and playground apparatus.

All equipment installed on all recreation facilities shall be subject to approval by the Township Engineer.

Minimum facilities.

For all residential development, the applicant shall propose adequate recreational facilities to serve the population of the development. The developer's recreation plans shall be submitted to the approving authority for its review and approval. For the purposes of this section, a single-family detached house shall be deemed to contain three persons, and any attached unit shall be deemed to contain 2.5 persons. The applicant shall propose recreation facilities and the approving authority shall evaluate plans in terms of the following considerations:

Passive recreation. A minimum standard based upon one acre per 100 people is recommended. Large tracts are preferable to scattered sites.

Active recreation. The developer shall install as a minimum the following active recreational facilities on the land which has been set aside for recreational purposes:

Tot lots: a minimum standard of one tot lot per each 100 dwelling units.

Tennis courts: one court per 1,000 persons.

Baseball diamonds: one diamond for every 3,000 persons.

[d]

Softball diamonds: one diamond for every 1,500 persons.

[e]

Basketball courts and court games: one hard surface play area with basketball nets for every 2,000 persons.

[f]

Bikeways: one mile of six-foot-wide bituminous trail for each 300 persons. These should link homes with local recreation and service opportunities.

[g]

Jogging and fitness trails: one mile per 1,000 persons. These should be integrated into district parks.

[h]

Open space trails: one mile per 3,000 persons.

[i]

Soccer fields: one field per 3,000 persons.

[j]

Football fields: one field per 3,000 persons.

[k]

General use fields: one field per 6,000 persons.

[l]

Swimming pools: one swimming pool per 20,000 persons.

The mix of facilities and required lighting shall be determined by the approving authority.

§ 500-520 Large-scale removal of topsoil.

[Ord. No. 2001-13, 12-27-2001; Ord. No. 2002-04, 2-25-2002]

Definitions. As used in this section, the following terms shall have the meanings indicated:

ATTORNEY

The attorney for the Planning Board.

ENGINEER

The individual or firm appointed by the Planning Board to provide engineering services to that entity.

PLANNING BOARD

The Planning Board of the Township of Bordentown.

SOIL

Any earth, sand, clay, loam, gravel, humus, rock, or dirt, without regard to the presence or absence of organic matter.

TOWNSHIP CLERK

The clerk of the Township of Bordentown.

Editor's Note: The definition of "Zoning Board of Adjustment," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Permission required. No developer in a major subdivision, major site plan or planned soil removal operation, as defined in the ordinances of the Township, shall excavate, scrape, dig or remove 200 cubic yards (or more) of soil for sale, gift, or for use other than on the premises from which the soil is taken, except in connection with construction or alteration of a building on the premises and excavating or grading incidental thereto, without first having procured a permit from the Planning Board.

[Ord. No. 2018-26, 11-19-2018]

Application for permit. An application for a soil permit shall be filed with the Office of Community Development and shall be accompanied by the prescribed fee in the amount of $100. Application shall be made, in duplicate, on forms prescribed by the Township and supplied by the Office of Community Development.

The application shall contain the following:

Name and address of the applicant;

Name address of the owner, if other than the applicant;

A description and location of the land in question, including the Tax Map block and lot number(s);

Purpose for soil removal or disturbance;

The kind an quantity, in cubic yards, of soil to be removed;

The place to which the soil is to be moved;

Proposed date of completion;

Name and address of the person supervising the removal of soil;

Topographic map;

Such other information pertinent to the application;

(k)

A completed application for a soil removal permit filed with the Office of Community Development and accompanied by the appropriate fees and escrow;

[Ord. No. 2002-13, 7-8-2002]

(l)

Establishment of an escrow account by the applicant in the amount of $2,500, plus an additional $100 per acre, to cover review and inspections by professionals.

[Ord. No. 2018-26, 11-19-2018]

Upon receipt of a complete application, the Office of Community Development shall refer the application to the engineer of the appropriate board, who shall review the application and submit a recommendation report to the Planning Board for final determination. All engineering and inspection fees shall be paid from the escrow account established for the project for which the permit is being sought.

Topographic map required. The applicant shall be required to provide with an application for a permit a topographic map showing the current contour lines and proposed contour grades that will result from the soil removal. The map shall be prepared and sealed by an engineer licensed and registered in the State of New Jersey. The applicant's final site grading shall conform to all the appropriate standards and provisions of this chapter. The proposed contour lines and proposed grades shall be subject to final site inspection and approval of the engineer. No permission for soil removal shall be granted by the Planning Board until the map is on file and the proposed contour lines and grades have been approved in writing by the Board's engineer. Applications for soil removal 200 cubic yards or less will not require submission of a topographic map.

Factors to be considered in granting a permit. The Planning Board shall consider the representation made by the applicant and engineer and shall be guided in its decision, and take into consideration the public health, safety, and general welfare, and in particular consider the following factors:

Soil erosion by water;

Drainage;

Soil fertility;

Lateral support slopes and grades of abutting streets and lands;

Land uses;

Such other factors as may bear upon or correlate to the coordinated, adjusted, and harmonious physical development of the Township.

Top soil retained. The applicant and/or owner of the premises in charge of soil removal, when permission has been granted, shall not remove or take away the top layer of arable soil for a depth of six inches, but such top layer shall be set aside for retention on the premises and shall be respread over the rest of the premises when the rest of the soil has been removed pursuant to the contours and grades approved by the engineer.

Public hearing; notification. The Planning Board shall grant or deny the application within 45 days at a meeting open to the public in accordance with the Open Public Meetings Act. All applicants removing top soil in excess of 200 cubic yards shall notify all property owners within 200 feet of the extreme limits of the property, as their names appear on the Township tax records, at least 10 days written notice of the meeting on the application. The notice shall be given in person or by registered mail and shall state the time and place of the meeting and a brief description of the proposed soil removal and that a copy of the application and map has been filed with the Office of Community Development for public inspection. The applicant shall also cause notice of the meeting to be published in the official newspaper at least 10 days prior to the meeting. Prior to taking action on the application the Planning Board shall confirm the receipt of the following:

Certification, in the form of an affidavit, signed and sworn by the applicant, affirming that he has notified all property owners, as required; and

Proof of publication of newspaper notice is required.

Review period. Upon receipt of a completed application for a soil permit, the Office of Community Development shall send a copy to the engineer who shall review the application and submit a report to the Planning Board within 30 days of the date of the application. The Planning Board shall have 45 days in which to approve, approve with conditions, or deny the application. Failure on the part of the Planning Board to act on an application within the proscribed time period shall automatically be construed as an approval.

Performance bond required. Prior to issuance of a soil removal permit, the applicant shall have posted with the Township a performance bond conditioned upon full compliance with all the terms and conditions of approval, including the provisions of this chapter. The amount of such bond shall be fixed by the Planning Board and shall be in the form of cash or surety bond in a form acceptable to the attorney for the Planning Board. The performance bond shall not be canceled or released until all conditions set forth in the permit have been met.

Liability insurance required. The applicant shall furnish liability insurance with a company licensed to do business on the State of New Jersey in an amount approved by the Planning Board, but in no case less than $25,000.

General regulations. All applications requiring a permit under this section are subject to the following general regulations:

Streets used for top soil removal shall at the applicants expense be kept free from dirt resulting from such top soil removal operation; and

The Planning Board reserves the right to designate local roads for soil removal in excess of 200 cubic yards; and

If permission is granted to remove soil, the person removing the top soil shall conduct operations so that there shall be no sharp declivities, pits, or depressions, and the grading must conform with the contour lines and grading approved in the permit.

Violations. Unless otherwise specified herein, for a violation of any provision of this section, the maximum penalty, upon conviction thereof, shall be up to $1,000 per day, for each day that there is an outstanding violation for each individual premises or up to 90 days' imprisonment.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Severability. In the event that any portion of the Ordinance is found to be invalid for any reason by any court of competent jurisdiction, such judgement shall be limited in its effect only to the portion of this section actually adjudged invalid and shall not affect the operation on any other portion thereof.

Interpretation. This section shall be liberally construed to effect the purposes set forth herein.

§ 500-521 Telecommunication tower sites.

[Ord. No. 2002-07, 6-10-2002]

Bulk and use requirements.

Principal or accessory use. Antennas and towers may be either principal or accessory uses on the lots where they are to be erected. Notwithstanding any other Township land use regulation, an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use. If a tower and its appurtenant structures are not the sole use of the lot, the tower shall be deemed an accessory use.

Maximum height of towers. The maximum permitted height of a tower is 140 feet, except that the height may extend to 180 feet if more than one set of commercial transmitting/receiving antennas are collocated. The measured height of the tower includes the antennas and any other appurtenances. The tower base shall be designed and constructed to allow for at least three collocations.

Fencing/security. All towers shall be designed with anticlimbing devices to prevent unauthorized access. Additionally, any tower supporting cellular or other wireless antennas and any building enclosing related electronic equipment shall be surrounded by a nonclimbable fence not greater than six feet in height. The fence shall be bordered by not less than 25 feet of stepped landscaping containing 60% conifer/evergreen trees 10 feet in height. All deciduous trees shall be specified using the approved planting list adopted by Bordentown Township Planning Board. The landscaping shall be designed to obscure the tower base, appurtenant structures and fencing from view from the public right of way and adjacent lots. No towers, appurtenances or fences shall be permitted to install barbed or razor wire for any purpose.

Equipment shelters. All electronic equipment shelter buildings, structures, appurtenances established in support of a new site to be devoted to wireless communications facilities shall be limited to an area not to exceed 600 square feet. In the event that the use of a site becomes shared with a collocating wireless communications provider, there shall be permitted a maximum increase in overall area of existing electronic equipment shelter buildings of 200 square feet for each such subsequent collocating wireless communications provider. Any proposed building, structure or appurtenance shall not be more than 12 feet in height and only one such building, structure or appurtenance shall be permitted on the lot for each provider of communication services located on the site. Equipment buildings, structures or appurtenances shall be located at minimum 15 feet from the base of the structure and must be appropriately landscaped to minimize the visual impacts from the public right-of-way and/or neighboring properties.

Antennas on existing structures. Equipment or antennas placed on existing structures shall extend no higher than 12 feet above the structure, shall not exceed the over all height limitations of 140 feet, shall not extend beyond the sides of the existing structure by more than five feet and shall not violate the setback requirements for the zone.

Antennas on existing towers. Antennas may be placed on existing towers subject to the following:

A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same type as the existing tower, unless otherwise approved by the Bordentown Township Planning Board (hereinafter "the Board") through submission and approval of a formal site plan application.

An existing tower may be modified or reconstructed to a taller height not to exceed the maximum tower height established in Subsection A(2) above.

The height change referred to above may only occur one time per such additional user, up to a maximum of three times per tower.

A tower which is reconstructed to accommodate the collocation of an additional antenna may not be moved without the approval of the Board.

Only one tower may be located at a Board approved site.

Minimum lot area. Where the tower is the principal use, the required minimum lot area shall be one acre unless zone in which the site is located requires a minimum lot size that is greater than one acre. Where the tower is a accessory use the minimum lot area shall be two acres. The dimensions of the entire lot shall control the determination of whether the parcel meets the area requirement even though the antenna or tower may be located on a leased premises less than the entire parcel. The construction of towers shall be permitted only as a conditional use in the HC, REO, CC, GC1, and GC2 Zones. Location of towers in other areas is not compatible with the zoned uses and shall be discouraged. All zone district development regulations shall be complied with, including but not limited to setback requirements, lot coverage requirements and other such requirements. The owner/telecommunications provider shall own or leased sufficient land to provide for at least three collocations on site.

Setbacks. Setbacks from all property lines shall meet the most restrictive requirements of the HC, REO, CC, GC1, and GC2 Zones in which the site is located or the height of the structure, whichever is greater. Where the tower site is located on a leased portion of a larger tract, the remainder of the tract shall, as a condition of site plan approval for the tower, be deed restricted to require that any buildings, structures or appurtenances erected on the remainder of the tract be located to maintain a minimum setback distance from the tower equal to the height of the tower.

Minimum distance. The minimum distance to another tower should be at least 5,280 feet radius, unless the Board is convinced by testimonial and technical documentary evidence provided by the applicant that a lesser distance is required.

Escrow. The owner/telecommunication provider shall provide sufficient funds in escrow to enable the Planning Board to obtain the services of a licensed planner, engineer, radio frequency engineer to review the site plan application. Fees shall be established in accordance with § 500-901.

Collocation.

Bordentown Township requires licensed telecommunications carriers to share telecommunications towers and sites where feasible and appropriate, thereby reducing the number of towers. Collocation must be permitted for other telecommunications providers, at a reasonable, market rate compensation to the property owner/primary telecommunications provider. When the denial of collocation on an approved tower, by the owner or telecommunications provider, will result in an application for approval of an additional tower, the matter shall be referred to the Board that approved the original site plan application for the site in dispute. The telecommunications provider seeking dispute resolution for collocation shall file a land use application and establish the appropriate escrow accounts. All such disputes over collocation on an existing approved tower shall be submitted to the Board for a determination of the reasonableness to permit access or appropriate compensation. The property owner/primary telecommunications provider shall be bound by the Board's determination. The Board shall be entitled to engage the services of a market analyst to perform a market analysis to establish the reasonable compensation for collocation. Cost of the market analysis shall be charged to the escrow of the party seeking collocation. All towers shall be constructed to provide for at minimum three collocations.

Each applicant for a new telecommunication tower shall prove that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building or other structure (e.g., water towers) within a five mile search radius of the proposed tower.

Design standards. The site plan shall conform with the design standards in this chapter. In addition to the requirements of this chapter, the following standards shall be met:

Aesthetics. Towers and antennas shall, at the discretion of the Board, meet the following:

Towers and antennas shall maintain a nonreflective galvanized finish subject to any applicable standards of the FAA or Board, or be painted a neutral color so as reduce the visual obtrusiveness. Telecommunication towers shall be of a monopole design unless the Board determines that an alternative design would better blend into the surrounding environment or unless the applicant demonstrates that it is technically infeasible to provide a monopole. Towers shall to the greatest extent possible use industry stealth technology, such as a tree-like monopole in highly visible areas.

At the tower site, the design of the buildings, structures or appurtenances shall, to the extent possible, use nonreflective materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding built environment. All buildings, structures or appurtenances shall be located behind existing structures, buildings, or terrain features will shield the buildings, structures and appurtenances from view.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be a neutral, nonreflective color that is identical to, or closely comparable with, the color or the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

Lighting. No lighting shall be permitted except as follows:

A building, structure or appurtenance enclosing electronic equipment shall be permitted one light attached at the entrance the building, structure or appurtenance and is switched so that the light is on only when workers are on site.

The light must be focused downward and shielded to the greatest extent possible to avoid light projection outside of the fenced enclosure.

No lighting is permitted on the tower except lighting specifically required by the FAA.

State and federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other state or federal agency with authority to regulate such uses. The towers shall not be located on sites listed on the New Jersey and/or National Registers of Historic Places or encroach upon scenic vistas or endangered species without the necessary state and federal authorization.

Building codes. The tower, antenna, buildings, structures or appurtenances shall be constructed in compliance with the applicable national, state or local building codes and applicable standards for towers that are published by the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard, entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures," as updated and amended.

Signs. No signs other than warnings, safety information and/or owner contacts limited to two feet square in area, shall be permitted on an tower, antenna, buildings, structures or appurtenances except as required by the FAA and FCC or other state and federal agencies.

Parking and driveways. Minimal off-street parking and driveways shall be permitted as needed and approved by the appropriate land use board. The approved number of vehicles and parking spaces shall be approved as part of the site plan. The construction of all off street parking shall conform to the requirements of the zone in which the site is located.

Interference. No cellular of wireless communications shall be permitted to interfere with any public safety communications.

Noise. Noise emanating from the site shall not exceed the limit set forth in this chapter for the zoning district where the site is located.

(k)

Generators. Any generator located on the site shall be enclosed within a portion of the electronic equipment building, structure or appurtenance. Any fuel storage shall be done in compliance with federal and state regulations and shall be limited to fuel stored within the primary tank provided by the manufacturer of the generator. No auxiliary or supplemental fuel storage is permitted.

(l)

Maintenance. Wireless telecommunications antennas and towers shall be maintained to assure their continued structural integrity and appearance.

(m)

Annual reports. The telecommunications provider(s) shall report once a year, at the end of the calendar year, on usage of the tower over the previous year with a focus on whether the tower is no longer being used for the approved telecommunications purpose.

(n)

Facility abandonment. All telecommunications towers, antenna, buildings, structures; or appurtenances that become obsolete or disused for the express purpose for which they were approved shall be removed by the provider and/or property owner within six months of cessation of its use for telecommunications. The site shall be cleared and restored. The tower and all supporting structure shall be removed to a point four feet below grade. Any and all costs of removal shall be the sole responsibility of the provider and/or owner. In order to ensure compliance with these requirements the owner shall provide a performance bond sufficient to cover the removal of the tower, antenna, buildings, structures or appurtenances as well as restore the site. The amount of the performance guarantee shall be 120% of the estimated cost of removal and shall be subject to the approval of the Township Engineer. Failure to remove an abandoned tower or antenna shall entitle the Township to remove it at the owner's expense.

Additional submission requirements. Each submission and/or application for a tower and/or antenna shall include:

Inventory of existing sites. For each application for a tower and/or antenna, the applicant shall provide to the Board an inventory of all its existing towers, antennas, sites approved for towers or antennas, and plans for future towers and antennas that are within Bordentown Township and within five miles of the border thereof, including specific information about the location, height, and design of each tower.

Report. A report from a qualified and licensed engineer that includes the following:

Description of tower height and design, including cross section and elevation;

Description of the need for such a tower in the desired location; in the case of a new tower or, if use of a preexisting tower is proposed, the need for such a additional antenna;

Indication of the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas;

Description of the tower's capacity, including the number and type of antennas that it can accommodate; and

DISTRIBUTED ANTENNA SYSTEM (DAS)

Indication of what steps the applicant will take to avoid interference with established public safety communications.

Severability. If any subsection of this section is declared unconstitutional by a court of competent jurisdiction, then the remaining subsections shall remain in full force and effect.

§ 500-522 Telecommunications facilities within municipal rights-of-way.

[Ord. No. 2017-26, 12-4-2017]

Definitions. As used in this section, the following terms shall have the meanings set forth below:

ANTENNA

Any exterior transmitting or receiving device mounted on a tower, building or structure, utility pole (including within light poles and fixtures) and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.

A network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure. Distributed antenna system antenna node installations are typically compact.

SMALL NETWORK NODE (SNN)

A low-powered wireless technology that involves the use of antennas, two to three feet long, and radio cabinets which are mounted on existing or new utility poles or light poles which are lawfully erected in the public right-of-way. Small network nodes augment the coverage from new and existing tower and rooftop sites, providing signal in terrain-challenged areas.

TOWER

Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto. This term shall not include an existing utility pole.

UTILITY POLE

A pole that supports public utility wires and cables and is separate and distinct from a tower, pole (monopole) that supports only telecommunications equipment and antenna.

Permit required. No person, company, firm or corporation shall construct, relocate, replace, or perform maintenance on any telecommunication facility that involves a DAS or SNN within the municipal right-of-way without first receiving permit approval from the Township Committee.

Applications:

Complete permit application. In the event that the application is not certified to be complete within 45 calendar days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period, unless the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant; and the municipal agency or its authorized committee or designee has notified the applicant, in writing or by electronic means, of the deficiencies in the application within 45 days of submission of the application.

At the discretion of the Township Administrator or Community Development Director, the separate permit required for each location where work is being performed may be waived in the case of a public utility making numerous improvements and providing a performance guarantee for the work.

Applications for telecommunication improvements within the municipal right-of-way shall be granted or denied within 45 days of the date of submission of a complete application to the Community Development Director, or within such further time as may be consented to by the applicant.

The application and sketch plan shall be reviewed by the Township Engineer, and the temporary traffic control plan (TCP) shall be reviewed by the Chief of Police or his/her designee prior to the issuance of any permit by the governing body. The Township Engineer and Police Department may assist in the determination of a complete application and prepare reports regarding approval or denial of the application.

Submission checklist items (applicant to submit 10 copies):

Executed use agreement with owner of existing utility pole.

Executed right-of-way agreement with the municipality.

Completed application form (telecommunications facilities within the municipal right-of-way) with survey showing the existing environs of the planned work and any information as may be required by the Director of Community Development on a checklist supplied to the applicant; plans of improvements; existing conditions site photos; equipment specifications; traffic control plan; and project description.

Completed road opening permit application.

General requirements:

Equipment and antennas shall meet the following requirements:

To improve safety and reduce visual obtrusiveness equipment cabinets and other facility improvements shall be located underground where sufficient space is provided within the ROW and outside the cartway or curbline.

All cables/wires serving the wireless communications facility shall be installed in underground conduits. Wiring for the antennae from the equipment cabinet which is placed on the utility pole shall be contained in conduits, neatly arranged, and securely fastened.

Antennas may be internally mounted; flush-mounted; or mounted on top of the existing utility poles.

The antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. Equipment cabinets, when mounted on a pole, shall be a mounted a minimum of 15 feet above the ground at the base of the pole, measured to the bottom of a cabinet. No more than two cabinets may be mounted on any one pole.

Fees:

Application fee (per pole/installation): $100.

BURLINGTON COUNTY REGIONAL PROGRAM

Review and inspection fee (per pole/installation): $750.

Notice of proposed telecommunications facilities; protection of existing structures. It shall be the duty of the permittee to give notice of the proposed improvements any company whose pipes, conduits or other structures are laid in the portion of the street to be opened. Such notice shall be given at least 24 hours before commencing such opening and may be satisfied by notification to the New Jersey One-Call/811 system. The permittee shall, at his own expense, carefully support, maintain in operation and protect from injury such pipes, conduits or other structures. If any damage is caused to such structures, the permittee shall restore them at his own expense.

Road closing. Written permission to close a road to traffic must first be secured from the Police Department, and such permission shall only be valid for the time specified. The permittee may be required to give notification of such closing to various public agencies and to the general public.

Violations, penalties and remedies. It shall be a violation of this section for any person, company, firm or corporation to construct, relocate, replace, or perform maintenance on any telecommunication facility that involves a DAS or SNN within the municipal right-of-way without first receiving permit approval from the Township Committee. Such person, company, firm or corporation shall be subject to penalties and remedies are set forth in § 500-1005 of this chapter.

§ 500-523 Architectural design guidelines for corridor areas.

[Ord. No. 2003-23, 10-27-2003]

The following criteria and guidelines shall be used by all municipal agencies in reviewing applications for site plan approval that have frontage on New Jersey State Highway Route 130 and 206, Farnsworth Avenue and Municipal Drive. They are intended to provide a framework within which the designer of the site development is free to exercise creativity, invention, and innovation.

New structures, or the renovation of existing structures, may be constructed in any architectural style. However, these buildings should reflect the design trends and concepts of contemporary architecture yet remain compatible with the historic character of the Greater Bordentown area and Burlington County. To establish a municipal identity and provide a desirable visual environment, Federal, Greek, Revival, Italianate, Second Empire, Queen Anne, Victorian, or Colonial Revival styles shall be encouraged. These styles reflect the historic context of the region. All new development in the corridors shall, to the greatest extent possible, incorporate design features inspired by and compatible with the aforementioned architectural styles. Building size and scale, roof shapes, facade rhythm and proportions shall be designed to avoid long, uninterrupted expanses of flat walls or roofs. Long buildings should be visually divided into smaller increments. Building wall offsets measuring a minimum of four feet shall be provided at a maximum spacing of 50 feet along any building wall of 75 feet or greater to provide architectural interest and variety and relieve the negative visual effect of a single long wall. Roofline offsets shall be provided along any roof measuring longer than 75 feet in length, in order to provide architectural interest and variety to the massing of a building and relieve the negative visual effect of a single, long roof.

Illustrative architectural renderings shall be submitted as part of any site plan application. These renderings shall be considered part of any approvals granted and shall not be substantially changed.

When facades of a building, other than the primary facade, face public streets, pedestrian walkways, and adjacent residential neighborhoods, such facades shall include architectural elements consistent with the primary facade, such as window treatment, design details, and materials.

All buildings, light fixtures, fences, walls, outdoor furniture, site amenities, and landscape improvements shall be architecturally consistent with the style of the proposed building. Preference shall be given to lighting and landscape designs that incorporate pedestrian amenities (sidewalk materials, crosswalks, street furniture, etc.) reminiscent of and complementary to the preferred historic architectural styles. Installation of enhanced landscaped berms, buffers, and plantings are preferred to screen parking areas. To the greatest extent possible, parking along the corridor should be located to the rear of new buildings and designed to reduce the visual impact of great expanses of parking.

§ 500-524 Natural resource inventory.

[Ord. No. 2004-27, 12-27-2004; Ord. No. 2009-31, 11-23-2009; Ord. No. 2013-13, 7-8-2013]

The Township of Bordentown hereby adopts and incorporates into this section the Environmental Resource Inventory for the Township of Bordentown.

The Bordentown Recreation and Conservation Master Plan elements of the Township of Bordentown's Master Plan is also hereby amended to include the Environmental Resource Inventory for the Township of Bordentown.

§ 500-525 Design of containment areas for recyclable materials on residential sites.

[Ord. No. 2011-08, 8-22-2011]

Purpose of section. The Township of Bordentown finds that reducing the amount of solid waste and conservation of recyclable materials is an important public concern and is necessary to implement the requirements of the SWMA and the County Plan. Areas for the collection of recyclables on residential properties should be designed to effectuate collection of material in a safe and sanitary manner and should be sized to meet current industry standards for volumes and containers.

Statutory authority for section. This section is adopted pursuant to P.L. 1987, c. 102 (effective April 20, 1987), N.J.S.A. 40:48-2, N.J.S.A. 40:66-1 and N.J.S.A. 40:49-2.1, and any amendments adopted thereto.

Definitions. As used in this section, the following definitions shall apply:

ACT or SWMA

The Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., as amended and supplemented.

The program utilized for the collection of those recyclable materials as designated by the Department of Solid Waste from residential curbside, participating multifamily and participating school collection programs.

CLASS A RECYCLABLE MATERIAL

Source-separated, nonputrescible, metal, glass, paper and plastic containers; and corrugated and other cardboard.

COMMINGLED

A combining of source-separated recyclable materials for the purpose of recycling.

COMMON AREA RECYCLING STORAGE LOCATION

A location designed in accordance with the land use ordinances of this municipality as required for multifamily dwellings with more than 20 residential units where curbside collection is not provided under the Burlington County Regional Program.

CONDOMINIUM COMPLEX

A group of units, arranged horizontally or vertically, where the form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit.

CORRUGATED AND OTHER CARDBOARD

All corrugated cardboard normally used for packing, mailing, shipping or containerizing goods, merchandise or other material, but excluding plastic, foam or wax-coated or soiled corrugated cardboard.

COUNTY

The Burlington County Board of County Commissioners, and its successors and assigns, acting through the Burlington County Department of Solid Waste.

CURBSIDE DESIGNATED RECYCLABLES

Those designated recyclables that are placed for collection within the parameters of the curbside collection program as outlined herein.

CURBSIDE RECYCLING CONTAINER

A container(s) provided by the municipality or persons for the temporary storage of recyclable materials within the residential unit(s).

DEP or DEPARTMENT

The New Jersey Department of Environmental Protection.

DESIGNATED RECYCLABLE MATERIALS

Those recyclable materials to be source separated in this municipality, including, but not limited to, aluminum cans, antifreeze, consumer electronics, corrugated cardboard, fluorescent lights, glass containers, lead acid batteries, leaves, metal appliances, paper, plastic bottles (coded No. 1 and No. 2), rechargeable batteries, steel (tin) cans, textiles, tires and used motor oil.

DSW

The Burlington County Department of Solid Waste, its successors and assigns.

FIBER

All newspaper, fine paper, bond paper, junk mail, office paper, magazines, paperback books, school paper, catalogs, computer paper, telephone books, chipboard, corrugated and other cardboard and similar cellulosic material whether shredded or whole, but excluding wax paper, plastic or foil-coated paper, thermal fax paper, carbon paper, blueprint paper, food-contaminated paper, soiled paper and cardboard.

MOBILE HOME PARK

Any park, including a trailer park or camp, equipped to handle mobile homes sited on a year-round basis as defined in N.J.S.A. 2A: 18-61.7 et seq.

MULTIFAMILY DWELLING

Any building or structure or complex of buildings or structures in which three or more dwelling units are rented or leased or offered for rental or lease for residential purposes; whether privately or publicly financed, except hotels, motels or other guest houses serving transient or seasonal guests as those terms are defined under Subsection (j) of Section 3 of the "Hotel and Multiple Dwelling Law," P.L. 1967, c. 76 (N.J.S.A. 55: 13A-1 et seq.) and N.J.S.A. 40:66-1.2 et seq.

MUNICIPAL SOLID WASTE

Residential, commercial and institutional solid waste generated within a community.

MUNICIPALITY

The Township of Bordentown, located within the County of Burlington, State of New Jersey.

PAPER

All newspaper, fine paper, bond paper, junk mail, office paper, magazines, paperback books, school paper, catalogs, computer paper, telephone books and similar cellulosic material, whether shredded or whole, but excluding tissue and towel paper, wax paper, plastic or foil-coated paper, thermal fax paper, carbon paper, NCR paper, blueprint paper, food-contaminated or soiled paper.

PERSON

Any individual, firm, partnership, corporation, association, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality, other governmental agency of any other entity or any group of such persons, which is recognized by law as the subject of rights and duties.

QUALIFIED PRIVATE COMMUNITY

A residential condominium, cooperative or fee-simple community or horizontal property regime, the residents of which do not receive any tax abatement or tax exemption related to its construction comprised of a community trust or other trust device, condominium association, homeowners' association or council of coowners wherein the cost of maintaining roads and streets and providing essential services is paid for by a not-for profit entity consisting exclusively of unit owners within the community. No apartment building or garden apartment complex owned by an individual or entity that receives monthly rental payments from tenants who occupy the premises shall be considered a qualified private community. No "proprietary campground facility," as defined in Section 1 of P.L. 1993, c. 258 (N.J.S.A. 45: 22A-49), shall be considered to be a qualified private community.

RECYCLABLE MATERIALS

Materials that would otherwise become solid waste that can be separated, collected and/or processed and returned to the economic mainstream in the form of raw materials or products.

RECYCLING

Any process by which materials, which would otherwise become solid waste, are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.

RESIDENT

Any person residing within the municipality on a temporary or permanent basis, but excluding persons residing in hotels or motels.

SOLID WASTE

Garbage, refuse and other discarded materials, as defined in N.J.S.A. 13:1E-1 et seq. and N.J.S.A. 48:13A-1 et seq.

SOURCE SEPARATED

Recyclable materials separated from the solid waste stream at the point of generation.

SWMA

The New Jersey Solid Waste Management Act, as amended.[1]

Editor's Note: See N.J.S.A. 13:1E-1 et seq.

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,[2] every multifamily, qualified private community and mobile home park within the Township of Bordentown 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.

Editor's Note: See Ch. 395, Solid Waste.

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	1 cubic yard of capacity for every 15 dwelling units	0.47 cubic yards (96 gallons) of capacity for every 18 dwelling units
Age-restricted complex	1 cubic yard of capacity for every 20 dwelling units	0.47 cubic yards (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	Width	Height
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 collocated 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 collocated, 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):

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:

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 (1 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.