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

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

Applicability.

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 Subsection J.

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

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

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

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

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

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

Design standards for stormwater management measures are as follows:

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

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

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

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

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

Green infrastructure standards.

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

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

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

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

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

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

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

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

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

Requirements for trash racks, overflow grates and escape provisions.

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 § 130-75A(3) of this chapter shall comply with the requirements of Subsection J(2) and (3).

General maintenance.

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

Maintenance guarantee.

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

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

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

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

Protection from mechanical injury.

Protection from grade change.

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

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

Recommended replacement trees.

Criteria for plan approval and compliance.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

No street trees shall be planted within any utility easement.

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

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

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

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

Stormwater detention areas.

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

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

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

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

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

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

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

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

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

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

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

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

Street illumination.

Parking illumination (open space parking facilities).

Pedestrianway illumination (average levels for special pedestrian security).

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

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

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

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

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

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

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

Variation in single-family detached residential building design.

Garages.

Lighting.

Civic, institutional and commercial buildings, exterior walls.

Residential buildings, exterior walls.

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

Residential buildings, decks.

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

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

Roofs.

Windows and doors.

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

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

Heating and air conditioning.

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

General requirements.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Temporary signs.

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

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

Prohibited signs. Prohibited signs are as follows:

Generally - residential uses.

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

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

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

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

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

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

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

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

Water.

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

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

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

Implementation of off-tract improvements.

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

To maintain satisfactory levels of traffic service throughout the Township during peak travel times.

To assess future development its fair share of the cost of reasonable and necessary off-tract improvements associated with improvements to the internal roadway networks and access improvements that are a direct consequence of such new development rather than arising from existing development.

To raise revenues that will be managed and expended in such a manner and time that the development paying the fee will receive a direct benefit from the improved roads and related facilities.

To encourage development that is compatible with and, whenever possible, carries out the land use and circulation objectives of the Chesterfield Township Master Plan and other regional planning incentives that match Chesterfield Township's community goals.

To accomplish the foregoing objectives through thoughtful and cooperative planning between all levels of government and the private sector for the benefit of all residents and businesses in the Township.

It is the intent of this section to effectuate its terms consistent with the goals and objectives of the County of Burlington and the agencies of the State of New Jersey through policy and project agreements now or hereafter formulated or consummated.

Fair share.

The total construction costs of the improvements are to be determined by the Township Engineer. The cost estimates, which are to be prepared by the Township Engineer in connection with the development in the district, are to be based upon a ten-year build out (beginning from the adoption of this section) and may need to be modified over time.

The cost for each developer will be based upon the above formula. The number of trips generated is to be determined by the applicant and approved by the Planning Board in accordance with the current Institute of Transportation Engineers (ITE) trip generation data. The projections for the proposed development have been made as a result of the traffic study conducted by Shropshire Associates and are set forth in the traffic study report prepared by Shropshire Associates and adopted by reference herein. The total number of trips generated within the I.D. is subject to modification periodically based upon actual experience with development within the I.D.

The purposes of the I.D. impact fee is to satisfy the developer's proportionate and pro rata contribution to the cost of reasonable off-tract roadway improvements necessitated by new development (to include, but not be limited to: the construction or reconstruction of new or existing streets, rights-of-ways, acquisition, engineering, and other associated street or traffic improvements such as street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, street drainage, road culverts, lighting, landscaping, utility relocation and the like) to be borne by developers within a related and common area of an established I.D.

The data upon which I.D. impact fees are determined shall be adjusted from time to time as is reasonably deemed appropriate by the Township Committee and the county to account for modifications to projected roadway improvement costs resulting from detailed engineering field studies and inflation, adjusted development projections, actual costs of I.D. program maintenance and administration, land acquisition costs and necessary changes in the scope of roadway improvements.

Where an applicant pays the amount determined as his pro rata share under protest, he shall institute a legal action within one year of such payment in order to preserve the right to judicial determination as to the fairness and reasonableness of such amount. In the event such applicant fails to institute such legal action within one year of such payment, such applicant shall have been deemed to waive any right to challenge such pro rata share.

Low- and moderate-income housing. Development applications containing proposals for low- and moderate-income housing, as defined by ordinance, shall be subject to this section, except that any computation with respect to the number of units or trips generated shall exclude units which are approved for low- and moderate-income users.

I.D. impact fees may be waived for a development within the established I.D. if the applicant can demonstrate to the satisfaction of the Township and the Planning Board (or to the satisfaction of Burlington County, to the extent that egress from or ingress upon a county roadway is involved), in connection with any application for preliminary approval of a development located within the I.D., that the traffic impact from such new development will be negligible (for purposes of this section, defined to mean that the proposed development will generate less than 10 new p.m. peak hour trips per day, as determined at preliminary approval).

The Planning Board, when considering any application for preliminary approval with respect to property located in the I.D., shall consider and make appropriate findings in any resolution of memorialization as to the items to be covered in a developer's agreement as provided in Subsection E(2) below. Any approval for developments located along roads under county or state jurisdiction shall be subject to the approval of these agencies.

A developer within the established I.D. shall be required to enter into a developer's agreement with the Township for the payment of the required I.D. impact fee. A condition to any final approval shall be that the developer enter into the said agreement with the Township. The agreement shall be in proper form for recording, as approved by the Township Attorney, and, once duly signed and acknowledged by all parties thereto, shall be recorded by the developer in the Burlington County Clerk's Office.

The agreement shall take into consideration the Planning Board's findings of fact, recommendations and conditions of approval and shall, at a minimum, provide for the following;

Use of funds collected. Any funds collected by way of the I.D. impact fee shall be maintained in a separate escrow account credited to the Township. Such funds shall be used only for improvements referred to in the Township's Master Plan, as amended in 2002, and as may be amended in the future, and supplemented by the recommendations made in the traffic study report prepared by Shropshire Associates.

Contribution formula for existing uses. In the event there is a change in the use for existing space (defined for purposes of this section to include uses for which a developer on the I.D. has already paid an impact fee) which would generate additional peak hour trips generated, the applicant shall be required to pay an additional I.D. impact fee, including the difference between the contribution amount for the existing use and the proposed use. The contribution would be in addition to any contribution required for a new addition to a building.

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.

Authorize outdoor dining in all zoning districts where restaurant uses are permitted and without the necessity of site plan review and approval.

Require applicants to obtain an outdoor dining permit. A new application would be required if the property is sold or transferred or if there is any change in the outside dining area.

Establish the procedure for obtaining such an outdoor dining permit as well as the requirements for issuance of the outdoor dining permit.

Specifies that the Township reserves the right to amend or rescind the outdoor dining ordinance when and if determined necessary to do so and that no person acquires any property or vested right in the outdoor dining privilege but that same remains subject to the Township's exercise of its police power.