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.

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.

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 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.

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):

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:

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.

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:

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).

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.

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.

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.

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.

Green infrastructure standards.

Groundwater recharge standards

Stormwater runoff quality standards.

Stormwater runoff quantity standards.

Stormwater runoff shall be calculated in accordance with the following:

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.

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.

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.

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.

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.

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.

Submission of site development stormwater plan.

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:

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.

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.

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.

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.

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.

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:

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."

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.

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.

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.

Area classification:

Activity level:

Bikeway classification:

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.

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:

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 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.

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.

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:

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:

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.

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.

Number of spaces.

Parking areas.

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.

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.

Dimensions of parking spaces.

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.

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:

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:

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:

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.

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.

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:

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.

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.

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.

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.

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.

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.

Prohibited features and designs.

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.

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:

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:

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.

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.

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.

Signs permitted without a zoning permit.

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

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:

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

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.

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.

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.

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.

Detached dwellings:

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 10 feet from all property lines.

Uses in the CC District:.

Uses in the HC and HCO-1 Districts:

Uses permitted in the GC Districts:

Uses permitted in the REO District:

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.

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 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:

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:

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.

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.

Capacity.

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

Fire hydrants.

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:

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.

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.

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.

The application shall contain the following:

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.

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.

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.

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.

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:

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.

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.

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

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:

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.

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.

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.

Equipment and antennas shall meet the following requirements:

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

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

Design standards for common-area recycling storage locations.

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.