The preservation of all natural wooded tracts shall be an integral part of all development plans and may be calculated as part of the required buffer area provide that growth is of a density and the area has sufficient width to serve the purpose of a buffer. Where additional plantings are necessary to establish an appropriate tone for an effective buffer, said plantings shall conform to § 120-93 of this chapter;

Plant materials uses in screen planting shall be at least three feet in height when planted and be of such density as will obscure, throughout the full course of the year, the glare of vehicle headlights emitted from the premises;

The screen planting shall be so placed that at maturity it will not be closer than three feet from any street or property line;

Trees shall be at least eight feet in height and four inches in caliper when planted, free of disease and insect pests, and approved stocked as required by § 120-93 of this chapter;

Any plant material which does not live shall be replaced within one year or one growing season; and

Screen plantings and landscaping shall be broken at points of vehicular and pedestrian ingress and egress to assure a clear sight triangle at all street and driveway intersections.

No more than 10 automobiles, trucks or motor vehicles, whether or not they are in operating condition, shall be stored on any lot unless such motor vehicles are adequately screened from adjacent residential uses. This section shall not apply to vehicles which are in operating condition which are maintained for agricultural purposes.

New utility distribution lines and telephone or cable television lines to locations not presently served by utilities shall be placed underground, except for those lines which are located on or adjacent to active agricultural operations.

All electric utility transmission lines shall be located on existing towers or underground to the maximum extent practical.

Aboveground generating facilities, switching complexes, pumping and/or substations, or other electronic equipment cabinets shall be screened with vegetation from adjacent uses and streets in accordance with the provisions of this article.

All nonagricultural developments shall provide a buffer strip of 100 feet in width in addition to the required minimum lot size and minimum yard dimensions, along any boundary with land that is assessed as qualified farmland under the New Jersey Farmland Assessment Act[1] and so identified on the Township tax duplicate. If the proposed nonagricultural development requires the installation of a new street or involves ten or more new dwelling units, then said buffer strip shall be increased to 200 feet. The intent of this required buffer is to recognize the primacy and importance of farmland and the conflicts which too often arise between active farming operations and nonfarming land use activities. The more dense the proposed development the more necessary a buffer between uses is required.

Said buffer strip shall not be included in measurement for establishing setbacks for construction and for yard requirements on the lot. Said buffer strip shall be restricted by deed and by final subdivision plat or site plan against construction of any buildings, structures or recreational facilities such as a swimming pool or tennis court, other than fences, walls or drainage facilities and against removal of any screen of trees or hedges, so long as the adjacent land is assessed or qualified as farmland under the New Jersey Farmland Assessment Act, or is actively farmed should the Farmland Assessment Act be revoked or substantially modified. The right to enforce said restriction shall be held separately and may be exercised independently by the Township of Deerfield or by the owner of the adjacent farmland.

In addition, the developer shall be required to plant a screen of trees, hedge or shrubbery, and/or may, at the sole discretion of the Land Use Board, be required to construct a fence within the agricultural buffer area along the boundary line with the adjacent property meeting the following specifications:

The requirement of a buffer strip as set forth in this subsection shall apply only to the development of a lot created after March 6, 2002, the effective date of the adoption of Ordinance 2002-1.

Unless otherwise specified, all concrete shall be air-entrained, having 4% to 7% entrained air.

Concrete shall be Class A, B, C, or D.

Required reinforcing steel shall be intermediate grade deformed bars conforming to American Society for Testing Materials Designation A-15 and A-305, as amended and supplemented.

Required joint filler shall be a cellular compression material conforming to the requirements therefor of the New Jersey Department of Transportation Standard Specifications, as amended and supplemented.

In the construction of required concrete structures, the Township Engineer will determine the slump range within which the contractor may work. Transit mix concrete may be used if obtained form sources approved by the Township Engineer. On-site mixing and proportioning equipment will also be subject to the approval of the Township Engineer.

Forms shall conform to lines, dimensions and grades shown on plans and may only be omitted when soil conditions and workmanship permit accurate excavation to specifications. Forms shall be firmly braced, tight and capable of resisting movement, bulging or mortar leakage. Forms shall be smooth and clear and shall be completely removed.

Soil base for concrete work shall be properly finished to prescribed lines, grades and dimensions and shall be approved by the Township Engineer or his representative before concrete is placed. All areas to receive concrete shall be free of frost, foreign matter and excessive damp when concrete is placed. All concrete shall be handled and placed so as to avoid segregation. Concrete that has begun to set or has been contaminated with foreign materials or that has too much water shall not be used. Pouring shall be done in a continuous process until an individual section is complete. All concrete shall be thoroughly compacted with vibrator or other suitable equipment. Finished concrete shall have a wood-float finish unless specified by the Township Engineer and shall be kept continuously moist for a period of three days. Curing shall be accomplished at the direction of the Township Engineer. Expansion joints shall be provided as prescribed and shall extend the full thickness of the concrete. Concrete shall not be poured when the temperature is below 40º F. or during periods of precipitation unless precautions acceptable to the Township Engineer have been taken to prevent damage to the work. Precautions to avoid freezing of the concrete shall be in accordance with the current recommendations of the American Concrete Institute.

Whenever a dwelling or structure are proposed to be located a property more than 300 feet from the adjoining street right-of-way, the owner of said property and dwelling or structure shall provide a twenty-foot improved driveway which includes a turnaround with "K" turn located within 100 feet of the dwelling. Said driveway shall be improved with a minimum gravel base and dense graded aggregate (dga) or pavement and trees shall be trimmed to a minimum height of 20 feet across the driveway area for vertical clearing space. At the discretion of the applicant, with the consent of the Land Use Board, may install a minimum driveway of 20 feet for the initial 100 feet and a minimum width of 12.5 foot wide thereafter. Said driveway to be improved as required above. Said driveway is to have a loop or "K" turnaround area installed and a dry standpipe system (six-inch NFT pipe made of PVC with connections at both ends protected by concrete or metal pilasters, said pipe to be installed at thirty-degree grade and below frost level 42 inches). Said dry line is to start between 75 and 100 feet from the center of the adjoining road to the property and is to run to a point not less than 100 feet of the dwelling along the driveway. Said dry waterline is to be installed to the specifications to all applicable codes and be subject to review by the local Fire Department.

If such dry line is installed in the reduced sized driveway as provided hereinabove, the property owner shall be required to provide a deed restriction which shall require the owner of said property and dwelling or structure to maintain said driveway and, if appropriate, the dry waterline. Said deed restriction shall further provide for the property owner, at his/her own expense, to undertake a yearly inspection and testing of said dry waterline by a certified professional who shall prepare a report on the line for submission to the local Fire Chief. Said deed restriction shall further make the property owner responsible for any repairs to the driveway or dry line as found necessary by the noted testing and inspection. A certificate of test approval must be filed with the Land Use Board and respective local fire company annually.

The property owner must post a performance guaranty to assure required driveway improvement and dry waterline are installation, prior to the granting of approval of the development or issuance of a construction permit. If installed, said line shall be deemed to be private, and the property owner shall assume all liability for its maintenance and upkeep as required herein.

This requirement for a survey may be waived by the Land Use Board if:

A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling, and association which reflects its significance in American history, architecture, archaeology or culture under one or more of the following criteria:

A narrative description of the resource and its cultural environment;

Photographic documentation to record the exterior appearance of buildings, structures, and engineering resources;

A site plan depicting in correct scale the location of all buildings, structures, and engineering resources; and

A New Jersey State inventory form as published by the New Jersey Department of Environmental Protection for buildings and a narrative description of any process or technology if necessary to elaborate upon the photographic record.

The articles of incorporation, covenants, bylaws, model deeds, and other legal instruments shall insure that control of the organization shall be transferred to the members based on a percentage of the development's units sold and/or occupied and shall clearly indicate that in the event such organization shall fail to maintain the common open space or common property or lands in reasonable order and condition, the Township may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the common open space or common property or lands in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 15 days thereof, and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the designated Township body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be cured.

If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within 15 days or any permitted extension thereof, the Township, in order to preserve the common open space and common property or land and maintain the same for period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the common open space and common property and land except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space and common property or land, call a public hearing upon 15 days written notice to such organization and to the owners of the development, to be held by the Township at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the Township, continue for a succeeding year.

If the Township shall determine that such organization is ready and able to maintain said open space and property or land in reasonable condition, the Township shall cease to maintain said open space and property or lands at the end of said year. If the municipality shall determine such organization is not ready and able to maintain said open space and property or land in reasonable condition, the Township may, in its discretion, continue to maintain said open space and property or land during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township in any such case shall constitute a final administrative decision subject to judicial review.

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

Access shall be to the street with the lower traffic function and the portion of the lot abutting the other street shall be clearly labeled on the plat, and in any deed, that street access is strictly limited to the street with the lower traffic function.

Access is sufficient for all portions of the site;

Provision is made for connection to adjoining properties or proposed new streets;

Reserve parcels will be sufficient to accommodate permitted land use activities;

Upon ultimate build-out of the entire tract the various lots and their land use activities work in a harmonious, orderly manner and that to the greatest extent possible there will or is shared use of access, improvements and amenities so that the entire tract is developed as a cohesive whole; and

Provision is made for interconnection with adjoining properties' development(s), to the greatest extent possible share use of access, improvements and amenities is considered for adjoining commercial and/or industrial activities, and compatibility of layout, landscaping, screening, buffering, and other improvements between developments on adjoining properties.

The final site plan for a development subject to the provisions of this subsection shall include reservation of access and at the discretion of the Land Use Board a showing of such reasonable specific future land use layout deemed necessary to assure that the overall future development of original tract of land will not be compromised without reconsideration and review by the Land Use Board.

Streets, curbs, sidewalks, shade trees, streetlights, street signs and traffic light improvements may also be based upon the anticipated increase of traffic generated by the application. In determining such traffic increase, the Land Use Board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and other factors related to the need created by the application and the anticipated benefits thereto.

Drainage facilities may also be based upon or be determined by the drainage created by or affected by a particular land use, considering:

Water supply and distribution facilities may be also based upon the added facilities required by the total anticipated water use requirements of the property of the applicant and other properties in the general area benefiting therefrom.

Sewerage facilities may be based upon the proportion that the total anticipated volume of sewage effluent of the applicant's property and other properties connected to the new facility bears to the existing capacity of existing sewerage facilities, including but not limited to, lines and other appurtenances leading to and servicing the applicant's property. Consideration may also be given to the types of effluent and particular problems requiring special equipment and added costs for treatment. In the event that the applicant's property shall be permitted to be connected to existing sewer facilities, the applicant shall pay a charge or be assessed in accordance with law.

The Township as a general improvement;

The Township as a local improvement; or

The applicant under a formula providing for partial reimbursement by the Township for benefits to properties other than the subdivision or site plan project involved in the application.

If the improvement is to be constructed by the Township as a general improvement, an amount equal to the difference between the estimated cost of the improvement and the estimated total amount, if less, by which all properties to be serviced thereby, including the subject property, will be specifically benefited by the off-site or off-tract improvement.

If the improvement is to be constructed by the Township as a local improvement, then, in addition to the amount referred to in Subsection D(1) above, the estimated amount by which the subject property will be specifically benefited by the off-tract improvement.

If the improvement is to be constructed by the applicant, an amount equal to the estimated cost of the off-site or off-tract improvement, less an offset for benefits to properties other than the subject property.

The estimated costs of the off-site or off-tract improvement allocated to the applicant, if deposited in cash, shall be paid by the applicant to the Township Chief Financial Officer, who shall provide a suitable depository therefor, and such funds shall be used only for the off-site or off-tract improvement for which they are deposited or improvements serving the same purpose, unless such improvements are not initiated by the Township within a period of 10 years from the date of payment, after which time said funds so deposited shall be returned, together with accumulated interest or other income thereon, if any.

In the event that the payment by the applicant to the Township Chief Financial Officer provide for herein is less than its share of the actual cost of the off-site or off-tract improvement, then it shall be required to pay its appropriate share of the cost thereof.

In the event that the payment by the applicant to the Township Chief Financial Officer provide for above is more than its appropriate share of the actual cost of installation of the off-site or off-tract improvement, it or its successor or assigns shall be repaid an amount equal to the difference between the deposit and its share of the actual cost.

If the applicant shall deem that any of the amounts so estimated by the Land Use Board are unreasonable, it may challenge them and seek to have them revised in appropriate proceedings brought to compel subdivision or site plan approval.

If the applicant and the Land Use Board cannot agree with respect to the applicant's appropriate share of the actual cost of the off-site or off-tract improvement or the determination made by the officer or board charged with the duty of making assessments as to special benefits, if the off-site or off-tract improvement is to be constructed as a local improvement, no approval shall be granted; provided, however, that the applicant may challenge each determination and seek to have it revised in appropriate judicial proceedings in order to compel subdivision or site plan approval.

At the discretion and option of the Township and with the consent of the applicant, the Township may enter into a contract with the applicant providing for the installation and construction of off-site or off-tract improvements by the applicant upon contribution by the Township of the remaining unallocated portion of the cost of the off-site or off-tract improvement. Whenever the Township shall enter into such an agreement with an applicant, said applicant shall provide proof of compliance with all laws and/or regulations which would be binding on the Township if it were to be undertaking said development, such as but not limited to, the Public Contracts Law,[1] payment of prevailing wage, the Equal Opportunities Employment Act, Americans with Disabilities Act, and any other requirement being in effect at time of construction.

In the event that the Township so elects to contribute to the cost and expense of installation of the off-site or off-tract improvements by the applicant, the portion contributed by the Township shall be subject to possible certification and assessment as a local improvement against benefiting property owners in the manner provided by law, if applicable.

Parking space width shall be at least nine feet.

Parking space depth shall be at least 18 feet, with said dimensions measured on the angle for all angle parking. Parallel parking spaces shall be a minimum of 22 feet in length.

Minimum width of aisles providing access to parking spaces for one-way traffic only, varying with the angle of parking, shall be:

Minimum width of aisles providing access to stalls for two-way traffic shall be 25 feet.

A minimum of 12 feet for one-way use only.

A minimum of 20 feet for two-way use.

A maximum of 35 feet at the street line and 54 feet at the curbline.

Said recreational area shall not be utilized for street rights-of-way, driveways, parking areas, utility stations, required buffer strips or other nonrecreational or open spaces uses.

Not more than 50% of the total space saved shall be located in one or more of the following: a floodplain, wetlands, areas with a slope greater than 10%, watercourses, bodies of water or other areas deemed unsuitable for recreational purposes due to environmental or conservation reasons made evident by the Land Use Board's review of the environmental impact of the proposed development, including any environmental impact statement which might be required by this chapter.

When the recreational and open space to be set aside as provided herein exceeds three acres, at least 50% of the total open space shall be developed by the applicant for active recreational activities, facilities and uses which shall be found suitable to the residents of the proposed development. Activities, facilities or uses deemed appropriate and acceptable include, but are not limited to, swimming pools, tennis, basketball and volleyball courts, ball fields, tot-lots, golf courses, bicycle paths, trails and similar active recreational pursuits. The remaining portion of the required open space may, with Land Use Board approval and if warranted by the environmental impact review, be permanently devoted to one or more of the following open space or land uses: parks, landscaped areas or gardens (including residents' garden plots), woodland conservation areas, game preserves, stream preservation areas, wetlands, watershed protection or floodplain areas or similar conservation areas which permit only passive recreational activities.

All such recreational areas shall be reviewed by the Land Use Board, found adequate and approved. In its review, the Land Use Board shall investigate the size of the parcels devoted to open space and recreational areas, their location within the development, the topography and soils of said areas and the suitability of the uses contemplated or proposed, the configuration of the parcels under consideration, facilities and improvements to be provided, the provision made for maintenance and access to sad parcels, traffic flow around said parcels, the ecological aspects, the staging and timing of the recreational area development and how various categories of recreational facilities or areas and their location will be proportionally related to the staging of the development of housing units or other uses if such staging is proposed. The Land Use Board shall find that such recreational or open space areas conform to the provisions of § 120-118(1) through (5) and make whatever requirements necessary in granting preliminary approval to said development to assure compliance with the above cited sections of this chapter.

Said recreational area or open space shall be owned and maintained by a homeowners' association unless the developer or the homeowners' association offers the dedication of said area or space to the Township which accepts as provided for in connection with cluster developments in § 120-119F.

Contribution in lieu of open space.

The accumulation of specific information by office and field investigations is required for proper drainage analysis. It is necessary that plans be prepared indicating topography, preliminary alignment and profile information.

In addition to the above, plans shall show the following information:

The "maximum expected discharge" may be defined as the maximum expected quantity of water created by the design storm arriving at a particular location such as an inlet or ditch. The MED from drainage areas shall be determined by the rational equation, as follows:

The above equation assumes that one inch of rainfall falling on one acre of land falls at the rate of one cubic foot per second; thus, the total quantity of water falling on an area is represented by IA. It is necessary to adjust the IA because a certain percentage of the water is dissipated by evaporation, transpiration, percolation, ponding and physical features. Therefore, C, the runoff factor, is introduced in the rational equation to account for the dissipated water. The runoff factors for various types of drainage areas are found in Table 1:

The rainfall intensity I curve for Cumberland County shall be used, which is approximated by the equation:

The ten-year storm frequency shall be used for all systems.

To determine storm duration, the time-of-concentration approach shall be used. "Time of concentration" may be defined as the interval of time required for water from the most remote portion of the drainage area to reach the point in question. The time of concentration may be influenced by the type of terrain over which the water must flow and stream velocities; prior to reaching the point in question, the water may flow over land and subsequently flow into a stream.

Stream velocities shall be calculated from Manning's Equation. The average velocities of runoff flow for time of concentration area are as follows:

The time of concentration shall be determined and considered as representing the duration of the storm.

On-site retention conditions. The runoff from 4.5 inches of rainfall, less dissipation, for a twenty-four-hour period must be stored and in addition, the basin is to be provided with a one-foot freeboard. The storage volume shall not be less than that anticipated by the runoff from 1.5 inches of rainfall. Dissipation will not affect the minimum storage capacity since this amount of rainfall is anticipated to fall in a very short time. In calculating dissipation, only the bottom area of the trench or basin shall be utilized. The bottom surface of the leaching area shall be at least four feet above the seasonal high groundwater table. Soil logs and percolation tests shall be made within the area of the proposed leaching system.

Retention basins, if permitted, shall be protected from public intrusion by both fencing and screening and shall be maintained by the developer. The basin shall have side slopes of 1:4 or shallower to prevent erosion, to make maintenance easier and to increase the safety factor should anyone become trapped inside. The retention basin will also be required to meet the current soil erosion and sediment control standards to obtain a permit from the New Jersey Soil Conservation District office.

Detention basins. All detention basins shall be designed in accordance with the provisions of Residential Site Improvement Standards, Chapter 7 thereof.

Drainage area. The extent of the drainage area which is independent of the development itself shall be determined from photogrammetric plans, roadway design plans, field observations and United States Geological Survey topographic maps.

The drainage facilities must have adequate capacity.

Some facilities that can be utilized are shoulders, curbed sections, inlets, storm pipes, ditches and grassed waterways.

The capacity of drainage facilities is measured in terms of discharge and may be determined by the equation of continuity:

Additional design criteria for specific drainage facilities shall be as follows:

The need for erosion prevention extends throughout the development and shall be considered an essential feature of good drainage design.

Erosion and maintenance are minimized by the use of:

Erosion control of culvert outlets. Since culverts create serious erosion problems in unprotected channels, it is necessary to provide a channel treatment which will control erosion and dissipate the excess energy of the discharge. For culvert outlets, channel treatment based on outlet velocities and alignment shall be provided.

Erosion control of drainage channels. Within practical limits, the possibility of erosion should be eliminated. Where channel scour is indicated, a means for reducing velocity or for protecting the channel shall be provided.

Erosion control devices for channel protection shall be as follows:

Compliance with the construction standards shall be required for all site improvements.

Compliance with soil erosion and sediment control standards as set by the United State Conservation District Office may be required.

A New-Jersey-licensed professional land surveyor or the Township Engineer has confirmed in writing that:

An as-built revised grading plan prepared by a New-Jersey-licensed land surveyor is approved by the Township Engineer as substantially conforming to the grading proposed in the developer's approved major subdivision plan, site plan, or individual or multiple lot grading plan (s).

A grading compliance review shall be included as part of the requirements for obtaining a zoning permit. No zoning permit shall be issued for applicable development until:

The Township Engineer shall not review or inspect for compliance applicable to the Soil Erosion and Sediment Control Act.

Purpose. The grading plan requirements are for the purpose of confirming that proposed applicable developments will not result in flooding, pooling or other drainage-related problems at the lot on which the development is proposed or on adjacent properties. Each grading plan must therefore confirm, to the Township Engineer's satisfaction, that the proposed applicable development on each lot will cause water to drain properly from the lot on which such development is proposed, and that such development will not increase the amount of water which drains onto adjoining lots (except as otherwise permitted as part of a final site plan, subdivision, or other Land Use Board approval) or adversely change the manner in which it drains. All lots where applicable development is proposed must be graded to direct surface water runoff away from structures and toward the frontage road or other defined drainage paths that meet the Township Engineer's approval. Where a drainage problem already exists, the drainage plan must confirm, to the Township Engineer's satisfaction, that the proposed development will reduce the impact on adjoining tracts to the greatest extent reasonably possible by causing the surface water to drain into nearby streets, approved drainage facilities or other Township-approved devices.

Lawn areas. The grading plan must confirm that lawn areas will be sloped away from the building and structures at a minimum of 1.5% for the first eight feet from foundation walls, and to confirm a minimum slope of 1.5% in all other lawn areas. The intent of these lawn area slope requirements is to confirm that water will flow away from foundation walls at an acceptable rate, and also to increase the probability that any standing water in lawn areas will dissipate within 24 hours following a storm event.

Swales. The grading plan must confirm a minimum slope of 1.5% for all swales to provide a good flow of water within them. The Township Engineer is authorized to approve flatter slopes in instances where the Township Engineer is satisfied that special care will be taken during construction to achieve good water flow or that other special circumstances apply. Unless otherwise approved by the Township Engineer, swales must be indicated along side lot lines so that water will flow from the rear portions of adjoining lots to the curb. If permitted by easement, the grading plan may also depict water as being directed from or over neighboring lots to the curb or other approved discharge point. The intent of this swale area slope requirement is to increase the probability that all standing water will be dissipated from swale areas within 48 hours following a storm event.

Slopes. The grading plan must confirm that all slopes are no greater than three to one (3:1).

Driveways. The grading plan must confirm that driveway grades do not exceed 12%.

Off-lot grading and drainage. The grading plan must confirm that no grading will occur within five feet of a property line unless necessary to direct drainage off or onto the site and then into acceptable drainage facilities in accordance with these standards. If a grading plan indicates an intention to grade or direct drainage over an adjoining property to provide proper drainage, an existing or proposed easement for this purpose must be filed with the grading plan for review and approval by the Township Engineer and Land Use Board Solicitor. If the grading plan is approved based on a proposed easement, the zoning permit will not be issued unless and until the developer has:

Location of slope excavation. The top of any excavation of slope shall be no closer than five feet to an adjoining property, and shall not provide for water runoff to the adjoining property unless an agreement shall have been provided and recorded as required by Subsection E(6), above.

Retaining walls. If a retaining wall is proposed, construction details must be provided. In cases where a retaining wall is higher than 48 inches, calculations must be prepared by a licensed professional engineer who certifies as to the stability of the structure.

Permit, review and inspection fees for individual or multiple lot grading plans. Any person who seeks approvals as provided in this section must pay the following fees for each grading approval requested in connection with a zoning permit application and/or site inspection and, if seeking approval of an individual or multiple lot grading plan, the following per-lot fees for review of such initial, revised or as-built individual or multiple lot grading plan [unless such person is an applicant for development as specified in Subsection H(2), below, in which instance a per-lot zoning permit grading application fee for each individual or multiple lot grading plan must be paid at the time of each zoning permit application that involves grading review, but the fees and costs of the Township Engineer's review and inspection can, at such applicant's option, be paid for on a time-and-materials basis as set forth in Subsection H(2), below, instead of a flat-fee basis as provided in this Subsection H(1)(b) through (e)]:

Option to pay review and inspection costs based on time and materials; payment from application escrows. Applicants for development who have posted review/inspection escrows with the Township in connection with any application for site plan, subdivision, or other approval may elect in writing to have the Township Engineer paid for any grading-related review and/or inspection pursuant to this section based on time expended and materials used rather than at the flat fee rates set forth in Subsection H(1)(b) through (e), above. Additionally, any such applicant may elect, in writing, that any Township Engineer grading-related review/inspection fees (whether based on flat fee or time and materials) be paid from such applicant's review/inspection escrow(s), in which instance such applicant's grading plan (s) and/or lot(s), as elected, will be reviewed/inspected by the Township Engineer as part of such site plan, subdivision, or other application, whereupon all of the Township Engineer's fees and costs for grading-related review/inspection will be reimbursed from such applicant's review/inspection escrow(s) along with all other review and inspection costs and fees relating to such application.

Where a driveway serves right-turning traffic from a parking area providing 200 or more parking spaces and/or the abutting road has a peak-hour traffic volume exceeding 1,000 vehicles per hour, an acceleration lane shall be provided in accordance with "A Policy of Geometric Design of Rural Highways," published by the American Association of State Highway Officials.

Where a driveway serves an entrance to a development providing 50 or more parking spaces, a deceleration lane shall be provided for traffic turning right into the driveway form any collector or arterial road. The deceleration lane is to be at least 200 feet long and at least 13 feet wide, measured from the abutting road curbline. A minimum forty-foot curb return radius will be used from the deceleration lane into the driveway.

Bikeways shall be required when the Land Use Board finds provision of said bikeway(s) would be needed and utilized based upon probable volume of bicycle traffic, the development's location in relation to other populated areas, or its location with respect to any overall bike route or trail adopted or established by the Land Use Board or other applicable agency.

Bikeways shall generally not exceed a grade of 3%, except for short distances, and they should be a minimum of five feet wide for one-way and eight feet wide for two-way travel. Bikeways shall be designed and constructed in accordance with the specifications and standards of the Township Engineer.

Any site plan for a development that provides for temporary stopping space on-site for vehicles of customers or patrons seeking service at a roadside business or business catering to drive-in service where the customer does not leave his/her vehicle, such a farm roadside stand, gasoline service station, drive-in bank, restaurant providing take-out food service or similar use, shall ensure that the stopping or maneuvering space is at least 10 feet removed from the right-of-way of the adjoining road or street(s). In addition, sufficient waiting or standing area for vehicles approaching the drive-in window or service area shall be provided on-site to prevent the stacking of vehicles onto the road or shoulder area within the public right-of-way.

Maneuvering space or area on-site shall be sufficient to that no vehicle must back into the street or shoulder area thereof. Any lane used exclusively for a drive-in window(s) or service area(s) shall be separate from and in addition to driveway area sufficient to permit other on-site traffic to maneuver around the site without being block by the customer service area standing traffic.

Driveways shall enter the street or road right-of-way at an angle between 75º and 105º.

The portion of the roadway lying between the right-of-way line of the street and the driveway shall be surfaced as a driveway extension.

Any curb opening shall be properly reconstructed to the satisfaction of the Township Engineer. Where curbing does not exist and conditions warrant, an adequate drain pipe shall be installed as determined by the Township Engineer.

Driveway grades shall not exceed 8% by a distance of 40 feet from any street or road right-of-way, unless otherwise approved by the Township Engineer.

Driveway widths at the street right-of-way lines shall be a minimum of 10 feet and maximum of 20 feet in connection with single-family residential uses. All other uses shall conform to the driveway regulations contained herein or as required by the Township Engineer.

The number of driveways provided from a site directly to any road shall be as follows:

All entrance and exit driveways to a road shall be located to afford maximum safety to traffic on the road.

Any exit driveway or driveway lane shall be so designed in profile and grading and shall be so located as to permit the following maximum sight distance measured in each direction along any abutting road; the measurement shall be from the driver's seat of a vehicle standing on that portion of the exit driveway that is immediately outside the edge of the road traveled or shoulder:

Wherever a site occupies a corner of two intersecting roads, no driveway entrance or exit may be located within a minimum of 30 feet of tangent of the existing or proposed curb radius of that site.

No entrance or exit driveway shall be located on the following portions of any collector or arterial road: on a traffic circle, on a ramp of an interchange, within 30 feet of the beginning of any ramp or other portion of an interchange, nor on any portion of such road, where the grade has been changed to incorporate an interchange.

Where two or more driveways connect a single site to any one road, a minimum clear distance of 100 feet measured along the right-of-way line shall separate the closest edges of any two such driveways.

Driveways used for two-way operation shall intersect any collector or arterial road at an angle as near 90º.

Driveways use by vehicles in one direction of travel (right turn only) shall not form an angle smaller than 60º with a collector or arterial road unless acceleration and deceleration lanes are provided.

The dimensions of driveways shall be designed to adequately accommodate the volume and character of vehicles anticipated to be attracted daily onto the land development for which a site plan is prepared. The required maximum and minimum dimensions for driveways are indicated in the following table. Driveways serving large volumes of daily traffic or traffic over 25% of which is truck traffic shall be required to utilize high to moderate dimensions. Driveways serving low volumes of daily traffic or traffic with less than 25% truck traffic shall be permitted to use low to minimum dimensions.

The surface of any driveway subject to Township site plan approval shall be constructed with a permanent pavement of a type specified by standards set by the Township Engineer. Such pavement shall extend to the paved traveled way or paved shoulder of the road; required driveway dimensions are specified in Subsection D(14) above.

Undercarriage drag.

All driveways providing access to a structure and which are in excess of 50 feet in length from the abutting road right-of-way to the structure being served by the said driveway, shall be a minimum of 20 feet in width and provide a minimum twenty-foot height clearance for its entire distance. Said driveway shall be surfaced with appropriate gravel base or other dense graded aggregate (dga) or suitable paving, bituminous or concrete or other appropriate paving surface as approved by the Township Engineer.

In all types of development, no certificate of occupancy shall issued prior to the completion of all driveways and parking areas as required by this chapter and or the Land Use Board during development review.

Residential developments shall comply with the provisions of the Residential Site Improvement Standards. In all other developments, sidewalks shall be required along all streets and in particular within designated center zoning districts or for major commercial, residential and industrial developments. It is the intent of this chapter that the center (town or village) concept of planning, which encourages safe pedestrian traffic, be enforced for the improvement of the Township villages' safety and character. In reviewing a request for a waiver of this requirement, the Land Use Board shall be guided by the probable volume of pedestrian traffic, the street classification in instances where streets are involved, school bus stops, the development's location in relation to other populated areas or pedestrian traffic generators, and the general type of improvement intended. For the purposes of this section, a "traffic generator" shall be defined as a land use activity or special feature, either natural or man-made, which would be expected to encourage, entice or require people to walk. Such features as a cafe, playground, recreational facilities, parks, schools, grouping of shops, or park or greenway. The Land Use Board shall further only grant waivers which are in accordance with the provisions, goals and objectives of the adopted Township Master Plan.

When required and unless reduced or altered in size or location by the Land Use Board, all sidewalks shall conform to the following standards:

Where deemed appropriate based on projected pedestrian traffic, site conditions and the character of the area, i.e., especially in center zoned or designated areas, the Land Use Board may permit the installation of pedestrian walkways instead of full concrete sidewalks as required above. Such walkways may be constructed of stone, mulch or chips designed and installed to provide a safe, usable means of pedestrians to walk to or from parking areas or along roadways in village settings. Whenever a waiver is requested from the requirement of sidewalk installation, the Land Use Board shall first consider requiring a pedestrian walkway, before granting a waiver for no means of pedestrian accommodation and access.

Sight triangles shall be required at each quadrant of an intersection of streets, and streets and driveways. The area within sight triangles shall be either dedicated as part of the street right-of-way or maintained as part of the lot adjoining the street and set aside on any subdivision or site plan as a sight triangle easement. Within a sight triangle, no grading, planting or structure shall be erected or maintained more than 30 inches above the street center line or lower than eight feet above the street center line except for street name signs and official traffic regulation signs. Where any street or driveway intersection involves earth banks or vegetation, including trees, the developer/owner shall trim such vegetation and trees as well as establish proper excavation and grading to provide the sight triangle.

The sight triangle is that area bounded by the intersecting street lines and a straight line which connects "sight" points located on each of the two intersecting street lines the following distances away from the intersection street lines: arterial streets at 130 feet; collector streets at 60 feet; and local streets at 35 feet. Where the intersecting street are both arterial, both collectors, or one arterial and one collector, two overlapping sight triangles shall be required formed by connecting the sight points noted above with a sight point 35 feet on the intersecting street.

Any proposed development requiring subdivision or site plan approval shall provide sight triangle easements at each driveway with the driveway classified as a local street for purposes of establishing distances. In the case of a subdivision where actual location of driveways may not yet be established at the time of subdivision approval, the deed for the lot(s) involved in the said subdivision shall contain the requirement for the establishment and maintenance of the sight triangle at the driveway intersection as required by this section.

The classification of existing and proposed streets shall be those as defined in the adopted Master Plan or as designated by the Land Use Board at the time of the application for approval for a new street, not included in the Master Plan. Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and may be included in establishing the minimum setbacks required by the Schedule of District Regulations.

All development shall be served by improved streets with an all-weather base and pavement with an adequate crown. Streets shall be designed in accordance with "A Policy on Geometric Design of Highways and Streets," American Association of State Highway and Transportation Officials (AASHTO), latest edition, and the Asphalt Handbook for County and Municipal Engineers, New Jersey Society of Municipal Engineers (NJSME), latest edition. Street design shall be based on their functional classification according to the United States Department of Transportation Federal Highway Administration's functional classification of highways. A standard local street shall have a cartway width of 40 feet consisting of two twelve-foot travel lanes and two eight-foot parking lanes. Depending on the nature of the neighborhood and intensity of use, curbs, sidewalks and utility areas may be required. Residential developments shall be governed by the New Jersey Residential Site Improvement Standards, N.J.A.C. Title 5, Chapter 21.

When a development adjoins land capable of being developed or subdivided further, suitable provision shall be made for optimum access from the adjoining tract to existing or proposed streets.

Local streets shall be designed to discourage through traffic.

To conserve energy and permit the greatest potential for buildings to a have a southern exposure, all new streets shall have an east/west orientation whenever possible considering topographic features and existing land use patterns.

Residential districts bounded by arterial or collector streets.

In all nonresidential developments the minimum street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule, but in no case shall a new street that is a continuation of an existing street be continued at a width less than the existing street although a greater width may be required in accordance with the following schedules. Where any arterial or collector street intersects another arterial or collector street, the right-of-way and cartway requirements shall be increased by 10 feet on the right side of the street(s) approaching the intersection for a distance of 300 feet from the intersection of the center lines.

No development showing reserve strips controlling access to streets or another property or street, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to the Township under conditions imposed by the Land Use Board.

In the event that a development adjoins or includes existing Township streets that do not conform to widths as shown on either the Master Plan or Official Map or the street width requirements of this chapter, additional land along both sides of said street sufficient to conform to the right-of-way requirements shall be anticipated in the subdivision design by creating oversized lots to accommodate the widening at some future date. The additional widening maybe offered to the Township for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street right-of-way and shall be expressed on the plat as follows: "Street right-of-way easement granted to the Township of Deerfield permitting the Township to enter upon these lands for the purpose provided for and expressed in the Land Development Regulations Ordinance of the Township of Deerfield." This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair or maintain any facilities installed in this area dedicated by ordinance or as shown on the plat or as provided for by any maintenance or performance guaranty. If a subdivision is along one side only, 1/2 of the required extra width shall be anticipated.

The actual design and construction of all streets or roads within the Township shall be subject to review and approval of the Township Engineer in accordance with the provisions of this chapter, the Residential Site Improvement Standards regulations with regard to residential developments, any adopted Master Plan or Official Map and any other applicable ordinances of Deerfield Township, County of Cumberland, and State of New Jersey, or acceptable engineering standards.

Where dead-end streets or culs-de-sac are utilized, they shall conform to the following standards:

No street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound the names of existing streets within the Township or adjoining municipalities so as to be confusing therewith. The continuation of an existing street shall have the same name. The names of new streets must be approved by the Land Use Board.

Date of approval.

In the case of local streets within a development where the Township Committee determines that the length of the street and the nature of adjacent uses warrant such reduction in the width of the paved surface, the width required in § 120-91F(6) may be reduced, but in no case shall the paved width of a local street be less than 26 feet.

Street signs shall be installed by the developer in a manner and of a material to be approved by the Land Use Board as recommended by the Township Engineer. All such signs shall be installed free of visual obstruction.

The developer of any subdivision or development shall provide for the installation of the underground service for and all poles and fixtures for streetlighting. Streetlighting shall be provided in accordance with the recommendations of the Township Engineer and as required by the Land Use Board. Adequate lighting shall be provided at all intersections and elsewhere as deemed necessary by the Land Use Board. The developer shall pay to the Township the costs of operation of said streetlighting (as determined by the standard rates of the servicing utility) until the street upon which said streetlights are installed is accepted by the Township Committee as a public street.

All streets and shoulder areas shall be paved in accordance with the standards and specifications of the Township Engineer based upon current engineering practice, the regulations of this chapter and other applicable chapters, regulations and the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, as currently amended.

Whenever a development abuts or crosses municipal boundaries, access to those lots within the Township shall be from within the Township as the general rule. Wherever access to a development is required across land in an adjoining municipality as the exception, the Land Use Board may require documentation that such access is legally established, and that the access road is adequately improved and may condition issuance of building permits and/or certificate of occupancy on said lots to such access road's improvement as required herein.

Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated; and

Revegetate or landscape areas temporarily cleared or disturbed during development activities.

Trees shall be at least eight feet in height and four inches in caliper when planted, free of disease and insect pests, and approved stock.

Any plant material which does not live shall be replaced within one year or one growing season. Such trees shall be of a species and at locations approved by the Land Use Board. No trees shall be planted within 25 feet of any street intersection.

Shade trees shall be of a species approved by the Land Use Board. The following species shall not be considered as acceptable for shade tree use:

The limits of clearing shall be identified.

Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design where practical.

Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure.

All shade trees shall have a minimum diameter of 2 1/2 inches measured three feet above the ground. Trees shall be planted in sufficient frequency to provide shade, shall be balled and burlapped, nursery grown, free from insects and disease, and true to species and variety.

Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the tone of the area to conform with adjacent lots. Dead or dying trees shall be replaced by the developer during the next recommended planting season.

Have the facility inspected by a technician at least once every three years;

Have the facility cleaned at least once every three years; and

Once every three years submit to the Board of Health serving the Township a sworn statement that the facility has been inspected and cleaned and is functional, setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.

Septic tank cleaner; and

Waste oil.

Where water is accessible from a servicing utility, the developer shall arrange for the construction of water mains in such a manner as to make adequate water service available to each lot, dwelling unit or use within the development. The entire system shall be designed in accordance with the requirements and standards of the Township, County and/or State of New Jersey agency having approval authority and shall be subject to their approval. The system shall also be designed with adequate capacity and sustained pressure for present and probable future development.

Water supply facilities and systems shall be provided and installed in accordance with the specifications of this chapter and as required and approved by the Township Engineer. Said water supply facilities and systems shall be designed and installed for either immediate or future connection with a public or on-site community water supply facility or system approved by the appropriate state agency and the Township of Deerfield. In areas where public water supply does not exist or is not expected to be provided within a reasonable period of time in the opinion of the Land Use Board, the Board may waive the requirement that water supply systems and facilities be installed to connect to or with a public system or facilities.

In those cases where a public water supply facility or system is not presently available and the site of the proposed development is unsuitable and unsafe in terms of public health, for individual, on-site water supply facilities, as determined by the New Jersey Department of Environmental Protection, Department of Health or other appropriate agency, an on-site "community" water supply system approved by the New Jersey Department of Environmental Protection and the Township of Deerfield governing body, shall be installed. Said on-site system shall be provided in addition to the required installation of water supply facilities for those areas expected to be provided with public water supply facilities or systems within a reasonable period of time.

Where public water is not available, potable water supply shall be provided to each lot on an individual well basis. Appropriate and necessary testing within reason of land(s) proposed for development may be required by the Land Use Board so as to determine the suitability of the site, the proper location and evidence the site can provide for adequate water supply. Individual wells shall be designed and installed in accordance with the requirements and standards of the Township, county and/or state agency having appropriate jurisdiction.

There is a demonstrated need for the facility that cannot be met by existing facilities;

The development conforms with all state and federal regulations; and

The development will not result in a significant adverse impact as set forth in Subsection J of this section.

There is no feasible alternative route or site for the facility that does not involve development in a wetland or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist.

The need for the proposed linear improvement cannot be met by existing facilities or modification thereof.

The use represents a need which overrides the importance of protecting the wetland.

Development of the facility will include all practical measures to mitigate the adverse impact on the wetland.

An increase in surface water runoff discharging into a wetland;

A change in the normal seasonal flow patterns in the wetland;

An alteration of the water table in the wetland;

An increase in erosion resulting in increased sedimentation in the wetland;

A change in the natural chemistry of the ground or surface water of the wetland;

A lost of wetland habitat;

A reduction of wetland habitat diversity;

A change in wetland species composition; or

A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting or feeding.