Unless specifically exempted elsewhere in this chapter or superseded by the Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.), the standards and improvements in this article shall be applied to all development within Delaware Township. All development shall conform to the Master Plan and Land Use Ordinance. The street locations and classifications, drainage rights-of-way, school sites and public parks shown on the Master Plan shall be adhered to in all approved plats.

Where applicable, the standards set forth in this article shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township. The municipal agency may impose such additional requirements as are reasonably necessary to implement the standards set forth in this article. However, if the applicant can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of any portion of this article is impracticable or will exact undue hardship, the municipal agency may permit such waivers as may be reasonable and are within the general purpose and intent of the rules, regulations and standards established by this article.

Utility easements. Where major utility distribution lines are installed, easements shall be at least 50 feet wide and located in consultation with the utility companies and municipal departments concerned. For residential and commercial uses, setback lines shall be located 50 feet from the center of the outermost underground or aboveground fuel pipeline, or 50 feet from the border of an existing easement line. Where no easement currently exists, the setback line shall be located 100 feet from the outermost point of the utility structure.

Conservation and drainage easements. To ensure the protection of the following environmentally critical areas within the Township and to comply with the purposes and intent of the Municipal Land Use Law, the Master Plan of Delaware Township, and this chapter, a conservation and/or drainage easement may be required prior to subdivision or site plan approval on all wetlands, on slopes over 25% and along all watercourses a distance from each bank determined by the natural features of the site but in no case less than 50 feet from top of bank. Such easements shall conform in substance to those described in Appendix I, II, or III, whichever is applicable,[1] and shall be recorded by the applicant in the Hunterdon County Clerk's Office. Such easements shall also be indicated on all subdivision or site plan plats. Areas within the boundaries of such easements will be considered as part of proposed lots but shall be subtracted from the lot area when calculating coverage. The governing body may, upon the recommendation of the Environmental Commission, approve the placement of one or more appropriately inconspicuous signs marking the edge of the conservation easement area.

Sight easements. Sight easements, as defined in § 230-5, shall be required at the intersection of a private accessway or a driveway with a street or at the intersection of two streets. Sight easements shall be 25 feet by 25 feet measured along the edge of the cartway, unless a larger area is specified elsewhere in this chapter or is required by another agency having jurisdiction over the higher-order street.[2]

Purpose. The intention of these requirements is to provide standards for the protection of the public health and safety as well as aesthetic values of adjacent property.

Height. A fence four feet or higher shall require a construction permit, except in an A-1 or A-2 Zone. On any lot in any residential or residential-commercial district, no wall or fence shall be erected or altered so that said wall or fence shall be over six feet in height, except agricultural fences, which shall not have a maximum height. Tennis courts in all zones may have a permitted height of 12 feet.

Fence safety. No fence in a village zone shall be erected of barbed wire, or electrified or topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons or animals. Such fences shall be permitted for agricultural uses in the A-1 and A-2 Zones.

Fence type. Solid architectural fences shall be required along all lot lines except the street line for all nonresidential lots where said lot lines abut residential zoning district lines. A solid wooden fence or similar fence easily entered by emergency apparatus shall be permitted. Such architectural fences may be made of any material that is aesthetically pleasing and prevents the dissemination of odors, noise, debris and sight across the residential zoning boundary. Fences used for this purpose shall not be less than six feet in height.

Fence maintenance. In any zone, walls or fences erected shall be maintained in an aesthetically pleasing manner, and any failure to do so shall be subject to the Construction Official's order to repair or replace the wall or fence in order to meet the requirements of this chapter.

Swimming pool fences. In all zones, there shall be a fence not less than four feet high completely enclosing any below-ground swimming pool and any other swimming pool less than four feet above the ground. Each gate in a pool fence shall be capable of being locked when not in use.

Finished side. The finished side of all fences shall be on the outside facing away from the lot on which it is erected. The intent of this provision is for safety purposes to prevent easy access from neighboring property.

Plant material in lieu of fence. Nothing in this section prevents the use of plant materials along any lot line in addition to the fence requirement, but plant materials cannot be substituted for the fence where a fence is required. Open chain link, chain link with plastic slats, or chain link with redwood slats shall not be considered to be an architecturally solid fence.

Fence drainage restriction. No wall or fence shall be designed or placed so as to restrict the natural flow of drainage or cause stagnant water conditions. Any wall or fence that is found to restrict the natural flow of drainage or cause stagnant water conditions shall be removed, relocated, or corrected by the owner upon order of the Construction Official.

A home occupation/home-based business as defined in this chapter is a permitted accessory use in any zone. A home occupation/home-based business must be conducted within the principal dwelling which is a bona fide residence of the person conducting the home occupation/home-based business, or in an accessory building on the same premises. The home occupation/home-based business shall be carried on within the dwelling unit or such accessory building, but the total aggregate area utilized for all home occupations/home-based businesses on such premises shall not exceed a total area equivalent to 40% of the total first floor area of the principal dwelling or 900 square feet, whichever is less.

No accessory equipment and/or materials shall be located within the front yard, or in the side yard setback, of any property and shall be located in such a manner that a person in the community would not be aware of its existence under normal circumstances.

The number of home occupation/home-based business employees who are not bona fide residents of the principal dwelling shall be limited to one. Notwithstanding the foregoing, it is recognized that a home occupation/home-based business may have an occasional gathering of employees on a short-term basis for a particular need. Enforcement of this exception shall be subject to the reasonable discretion of the Zoning Officer. The Zoning Officer's decision may be appealed to the Zoning Board of Adjustment.

On-tract improvements, guarantees, surety, release.

Required improvements.

Off-tract improvements.

Purpose. The purpose of these regulations is to promote the following goals:

Landscaped areas. All disturbed areas of a site not used for agriculture or the construction of buildings, roads, accessways, parking or sidewalks shall be landscaped in accordance with these regulations.

Tree planting and landscaping plan. All applicants for site plans and major subdivisions shall submit to the Planning Board for approval a tree planting and landscaping plan for the site to be developed prepared by a licensed landscape architect, a New Jersey certified tree expert or a New Jersey approved forester. The plan shall show on a contoured map:

Protection of existing trees. During development, all existing trees that are proposed to remain must be protected from injury due to grade changes, altered drainage patterns, compaction, excavating, filling, or stockpiling of soil. As a minimum, no disturbance shall be permitted to occur within a circular area measuring 1.5 times the extent of the tree canopy around each such tree. Such area shall be protected by snow fencing or other similar means. No specimen tree, no matter where located on the site, shall be removed unless it can be demonstrated that such removal is required to protect the health, safety, and welfare of the public.

Replacement of trees. Each tree removed, destroyed, or severely damaged within the developable areas during the site development shall be replaced according to the following formula:

Additional trees. If the site contains no trees or few trees, a sufficient number of trees shall be planted therein at such location as to promote the purposes of these landscaping regulations. In evaluating the number, types, and location of proposed trees and/or shrubs, the Planning Board may rely upon the advice of the Township Arborist, who shall be guided by the purposes of these landscaping regulations.

Planting of trees and shrubs. All trees and shrubs to be planted on the site shall be obtained from a commercial nursery located within the Hardiness Zone of Delaware Township (unless otherwise approved by the municipal agency). The trees shall not be less than 2 1/2 inches in caliper measured two inches above the root crown and shall conform to American Standards for Nursery Stock ANSI 260-1-2990. A copy of the nursery receipts for the purchased nursery stock trees shall be provided to the Planning Board, the Township Arborist and the Municipal Engineer. It is strongly recommended that the following invasive exotic species should not be planted:

Street shade trees.

Natural features. Natural features such as brooks, wetlands, hilltops, ridges, ravines and rock outcroppings shall be preserved in their natural state, to the extent possible, in the landscape design.

Topsoil protection. Topsoil that shall be removed in the course of regrading a subdivision shall not be used as fill. At least six inches of topsoil shall be left on the ground and shall be stabilized by seeding or planting. Excess topsoil may be removed from the site to another location within the Township only with the written approval of the Municipal Engineer.

Additional landscaping regulations for commercial and industrial zones.

General regulations. Off-street parking, unloading and service requirements of this section shall apply and govern in all zones within the Township of Delaware unless superseded by the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.). Except as provided in this section, no application of a building permit shall be approved unless there is included with the plan for such building, improvement or use, a plot plan showing the required space reserved for off-street parking, unloading and service purposes. A certificate of occupancy shall not be issued unless the required off-street parking, unloading and service facilities have been provided in accordance with the approved plan. All driveways shall be designed and constructed in accordance with Chapter 167, Driveways, Article I, Driveway Construction.

Regulations applying to farm stands. Roadside stands and other temporary or permanent structures used predominantly for the marketing of farm products produced on the property are exempt from the parking and driveway standards of this chapter, except that such farm stands or structures shall provide for a gravel driveway from the road to the main place of parking, and shall provide for sufficient off-street parking at a minimum of 50 feet from all roads so that there is at no time an overflow on to a public road.

Duty to provide and maintain off-street parking and loading. No land shall be used or occupied, no structure shall be designed created, altered, used or occupied, and no use shall be operated unless off-street parking and loading facilities are provided in at least the amount and maintained in the manner required by this section.

Required material for parking area. Unless exempted elsewhere in this chapter, all parking areas shall be constructed of the maximum amount possible of pervious material that meets all other standards of this chapter.

Circulation.

Required area for each parking space. Except as otherwise provided in the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.), each automobile parking space shall be not less than 10 feet wide, nor less than 20 feet deep, exclusive of passageways. In addition, there shall be provided adequate interior driveways to connect each parking space with a public right-of-way. In the case of parallel parking space, each space shall be not less than 10 feet wide, nor less than 22 feet long. Aisle space shall be not less than 24 feet wide for two-way ninety-degree parking; not less than 16 feet for one-way sixty-degree parking; and not less than 13 feet for forty-five-degree one-way parking.

Provision for proper drainage and maintenance. All off-street parking, off-street loading and service facilities shall be graded and drained to dispose of all surface water accumulation in a safe manner while preventing damage to abutting properties or public streets. Except for single-family uses, surfacing shall be designed to resist erosion and to promote aquifer recharge. Such drainage and materials shall be installed as required by the Planning Board and as recommended by the Municipal Engineer. All such areas shall at all times be maintained at the expense of the owner in a clean, orderly condition as dust-free as possible.

Separation from walkways and streets. All off-street parking, off-street loading and service areas shall be separated from walkways, sidewalks, streets or alleys by curbing or other protective devices as required by the Municipal Engineer.

Private walks adjacent to business buildings. A private walkway adjacent to a business building shall not be less than four feet in width.

Site plan. Location and dimensions of pedestrian entrances, exits, walks and walkways shall be indicated on the submitted site plans.

Connection to a public right-of-way. Each off-street parking, loading or service area shall be connected to a public street right-of-way by means of one or more driveways constructed in accordance with the requirements of Chapter 167, Driveways, Article I, Driveway Construction.

Off-street parking space within buildings. Garage space or space within buildings, in basements or on the roofs of buildings may be used to meet the off-street parking requirements of this chapter, provided all other requirements of this article have been met.

Pavement markings and signs. Each off-street parking space shall be clearly marked, and pavement directional arrows or signs shall be provided wherever necessary. Markers, directional arrows and signs shall be properly maintained to ensure their maximum efficiency.

Lighting. All parking areas, walkways thereto and appurtenant passageways and driveways serving commercial, public, office, industrial and other similar uses having off-street parking and loading areas and building complexes requiring area lighting shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. The lighting plan in and around the parking areas shall provide for non-glare, color-corrected lights focused downward. The light intensity provided at ground level shall be a minimum of 0.3 footcandle anywhere in the area to be illuminated, shall average a minimum of 0.5 footcandle over the entire area, and shall be provided by fixtures with a mounting height not to be more than 14 feet measured from the ground level to the center line of the light source or the height of the building if attached, whichever is lower, and spacing not to exceed five times the mounting height. Any other outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent parking and ornamental light, shall be shown on the lighting plan in sufficient detail to allow determination of the effects to adjacent properties, traffic safety, and overhead sky glow. The objective of these specifications is to minimize undesirable off-premises effects. No light shall shine directly into windows or onto streets and driveways in such manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, light shielding and similar characteristics shall be subject to site plan approval by the municipal agency.

Required off-street parking area shall not be reduced. No off-street parking area shall be reduced in size or encroached upon by building, vehicle storage, loading or unloading, or any other use where such reduction or encroachment will reduce the off-street parking loading spaces that are required by these regulations.

Parking provided on same lot as main building. Off-street parking spaces for all uses shall be located on the same lot as the main building to be served, except as permitted in Subsections Q and R.

Joint parking facilities. The off-street parking requirements for two or more neighboring uses may be satisfied by the allocation of the required number of spaces for each use in a common parking facility, provided that the number of off-street parking spaces is not less than the sum of individual requirements, and provided further, that there be compliance with all other provisions of these regulations.

Sharing of parking facilities. Off-street parking facilities for one use shall not be considered as providing the required facilities for any other use, except that 1/2 of the off-street parking space required by any use whose peak attendance will be at night or on Sundays, such as churches, theaters, and assembly halls, may be assigned to a use which will be closed at night or on Sundays. This provision will only apply with approval of the municipal agency and subject to review by the Board Attorney of applicable agreements and cross-easements.

Computing number of employees. For the purpose of this section, the number of employees shall be computed on the basis of the maximum number of persons to be employed on one shift, taking into consideration day, night and seasonal variations.

Fractional spaces required. When units of measurements determining the number of required off-street parking and off-street loading spaces result in the requirement of a fractional space, any fraction up to and including 1/2 shall be disregarded. Any units over 1/2 will require an additional space.

Off-street parking and loading within required front setback. In the C-1 Highway Commercial Zone, parking shall be permitted in the front yard, provided that a minimum five-foot landscaped area is established along the front and side lot lines. Within that area, shrubs, fences or any combination of screening material shall be utilized to buffer the parking and/or loading areas.

Paving location restrictions. Paving for parking, loading or access thereto, unless otherwise restricted, and except for entrance or exit drives crossing perpendicular to property lines, shall not be permitted within five feet of any property line. The buffer shall be suitably landscaped according to the provisions of § 230-106 of this chapter.

Other uses of off-street parking spaces prohibited. No required off-street parking or loading area shall be used for the sale, repair, dismantling or servicing of any vehicle, equipment, materials or supplies.

Parking area site layout. Parking areas shall be divided into lots separated by appropriate landscaping where possible. In addition, driveways and internal roads shall be separated from parking areas by curbed landscaped islands where possible. Landscaping for parking areas, except for single-family residences, shall be subject to approval as part of the submitted site development plans.

Visitor off-street parking facilities. Visitor parking in industrial zones may be located in the front yard area subject to the approval of the site plan by the Planning Board. No employee parking shall be allowed in the front yard.

Shared access. Nothing in this chapter is intended to prohibit the sharing of access by adjacent uses provided the common facility is a service drive, subject to the provisions of §§ 230-14F and 230-22D(2).[1]

Minimum required number of off-street parking spaces. Off-street parking spaces for the storage or parking of passenger vehicles of occupants, employees and patrons of main buildings and structures hereafter erected or enlarged shall be provided and kept available in amounts not less than specified in this section.

Loading and unloading.

Permit. It shall be unlawful for any person to erect, repair, replace or alter any sign or other advertising structure as defined in this chapter, except those signs exempted under this section, without first obtaining a construction permit.

General regulations.

Exempt signs. The following signs shall be exempt from the requirement for a construction permit:

Illumination.

Signs over public right-of-way. No portion of any sign shall be located within or suspended over a public right-of-way, including a pedestrian walk.

Sign setback from residential district. When signs in a nonresidential district are located along the district boundary line of any residential district, they shall be set back not less than 50 feet from such residential district boundary line.

Sign maintenance. Any sign that is or shall become dangerous or unsafe in any manner whatsoever shall be repaired, made safe and attractive in conformity with this chapter or shall be removed by the owner, lessor, agent or occupant of the building, property or land upon which it is placed or to which it is attached. A written notice shall be served upon the owner, lessor, agent or occupant of a building, property or land upon which a dangerous or unsafe sign is located. Said notice shall require necessary action to be taken within 10 days from the date of service of the notice upon such person, or within such lesser time as shall be deemed reasonable in cases where the danger to public health, safety, and general welfare is so imminent as to require more immediate abatement. All signs shall be painted and maintained in good repair at all times. Failure to keep signs painted and in good repair for a period of 12 consecutive calendar months shall constitute abandonment, and such sign may not then be repair or reused and must be removed.

Sign location. No sign shall be erected or located to obstruct the vision of drivers entering a public street; nor shall any sign be erected which obstructs existing signs on adjacent properties to a degree that the message contained on the obstructed sign is no longer visible for a reasonable distance therefrom.

Permitted signs.

Street arrangement. The arrangement of streets not shown on the Master Plan shall provide for the appropriate extension of existing streets.

Street design and location. Street design and location shall include provisions for street access to adjoining properties where required by the Planning Board. Streets shall be designed to connect existing and future neighborhoods. Developments with stub streets that are intended to connect to future extensions of the neighborhood(s) shall provide language in the deed of each lot that any stub streets are intended to connect to adjoining properties and future neighborhood development.

Minor streets. Minor streets shall be designed to discourage fast-moving traffic. Multiple access points shall be encouraged, to provide connections to adjoining neighborhoods, to disperse traffic, and to reduce destination travel distance.

Marginal access. In subdivisions that abut arterial streets and such other streets or portions of streets as the Planning Board may designate in the Master Plan, the Planning Board may require provision for marginal access roads, reverse frontage lots with buffer strips for planting or other design methods for the purpose of separating through and local traffic.

Future streets. Where a tract is subdivided into larger parcels than ordinary building lots, such parcels, unless deed restricted against further subdivision, shall be arranged to allow the opening of future streets and logical subdivisions.

Street names. The governing body shall authorize and approve the name to be given to any public or private street. In making its decision, the governing body shall first consult with and give due consideration to any recommendation of the Historic Review Advisory Committee of the Delaware Township Planning Board. No street shall have a name that will so nearly duplicate in name or sound the name of an existing street so as to cause confusion. The extension of any existing street shall have the same name as the street that is being extended.

Right-of-way width. Except as otherwise provided in the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.), the right-of-way width shall not be less than 50 feet and shall be increased if a greater width is shown on the Master Plan or required in the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.).

Right-of-way width for subdivisions on existing streets. Subdivisions that adjoin or include existing streets that do not conform to width as shown on the Master Plan or the street width requirements of this chapter shall dedicate additional width along either one or both sides of said road. If the subdivision is along one side only, 1/2 of the required extra width shall be conveyed to the municipality.

Curb cuts. All curb cuts shall be at least 15 feet but not more than 30 feet in width, except on county roads where county site plan requirements are established. If a lot fronts on an arterial street, only one curb cut shall be allowed if the frontage is 250 feet or less. Curb cuts at the intersections of streets shall meet the requirements of Chapter 167, Driveways, Article I, Driveway Construction. The distance between the curb cuts for any two driveways serving the same property shall be the greater of 300 feet or the required lot width for the zone and no more than one curb cut shall be allowed for each 300 feet of frontage. Curb cuts in all Commercial and Residential Zones shall be located at least two feet from abutting property lines. In all Industrial Zones, curb cuts shall be located at least 10 feet from abutting property lines. Where a greater distance is specified elsewhere in this chapter, said greater distance shall apply.

Street grading. Except as provided otherwise in the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.), grades of arterial streets shall not exceed 8%; grades on other streets shall not exceed 10%; and no street shall have a minimum grade of less than 1%.

Street grading changes. All changes in grade shall be connected by vertical curves and shall provide a smooth transition and proper sight distance.

Street intersections. Except as provided otherwise in the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.), street intersections shall be as nearly at right angles as possible, and in no case shall be less than 60°. The block corners at intersections shall be rounded at the curblines and have a radius of 15 feet at the curb and 25 feet at the right-of-way line.

Street jogs. Except as provided otherwise in the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.), street jogs with center line offsets of less than 125 feet shall be prohibited.

Street tangents. Except as provided otherwise in the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.), a tangent at least 100 feet long shall be introduced between reverse curves on all streets or as directed by the Planning Board. The Planning Board may waive this provision to encourage traffic calming and safer residential streets.

Street connections. Except as provided otherwise in the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.), when connecting street lines deflect from each other at any one point by more than 10° and not more than 45°, they shall be connected by a curve with a radius of not less than 50 feet for minor streets and 300 feet for arterial streets, or as directed by the Planning Board to conform to a reasonable circulation plan.

Culs-de-sac. Culs-de-sac shall conform to the New Jersey Administrative Code Residential Site Improvement Standards, Title 5, Chapter 21. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.

Construction standards. Private accessways shall be constructed across privately held land which may be wholly or partially owned by one or more of the owners of the lots served. The private accessway shall satisfy all of the Township's requirements for residential driveways in addition to the standards of this section.

Building permit: prior approval required by engineer. A certificate of occupancy shall not be granted for any structure on a lot abutting a private accessway until the Municipal Engineer has:

Private accessway standards. Private accessways shall:

Deed of conveyance. The deed of conveyance for a subdivided lot abutting a private accessway shall incorporate the permanent right of ingress and egress for the subdivided lot to an existing public street over such private accessway in common with the owner(s) of any other lot or lots created by subdivision from the original parcel, and such deed shall also provide that the private accessway may be used for the installation and maintenance of public or private utilities and storm drainageways serving such subdivided lots.

Maintenance responsibility. The subdivision application shall indicate the pro rata share of common responsibility assigned to the owner(s) of each proposed lot for the installation and maintenance of the private accessway. The common responsibility shall be equally divided among the lots sharing the private accessway. The owners abutting such private accessway shall assume full responsibility for the maintenance of the private accessway, including snow removal, vegetation control and pothole repair and shall agree that, in the event of their failure to maintain the accessway, the municipality may (but shall not be obligated to) make all necessary repairs and assess each individual lot owner for his/her pro rata share of the cost of such repair. The provisions contained in this section shall be recited in the deed to each subdivided lot.

Layout. The location of the proposed private accessway shall be subject to approval by the Planning Board. The Planning Board shall consider the locations of other streets, accessways and driveways; the locations of street intersections; sight distances; the environmental characteristics of the land; and any other relevant information in considering the location of the proposed private accessway.

General provisions. The following open space performance standards shall apply to all developments:

Open space design standards.

Methods of conveyance and maintenance. All open space shown on the final development plan as filed with the municipality and subsequently recorded in the Office of the Recorder of Deeds of Hunterdon County must be conveyed in accordance with one or more of the following methods:

Specific use regulations for open space.

General.

General.

Site grading plans.

Administration.

Applicability.

Data required. Any soil erosion and sedimentation control plan shall contain:

Revisions of data. All proposed revisions of data required shall be submitted for approval.

Review and approval.

Scope, purpose, and fees.

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

Design and performance standards for stormwater management measures. This section establishes design and performance standards for stormwater management measures for major development intended to minimize the adverse impact of stormwater runoff on water quality and water quantity and loss of groundwater recharge in receiving water bodies. Design and performance standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5, incorporated herein by reference.

Solids and floatable materials control standards.

Safety standards for stormwater management basins.

Requirements for a site development stormwater plan.

Maintenance and repair.

Penalties. Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to penalties established by ordinance. Each day that the violation continues after proper notification shall be a separate offense. In addition thereto, the Township may institute injunctive, mandamus, or any other appropriate action proceeding at law or equity for the enforcement of this section, and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, or mandamus or other appropriate forms of remedy or relief. Penalties will be imposed as provided by § 1-5.1 of the Revised General Ordinance of the Township of Delaware.

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

Effective date. This section shall be in full force and effect immediately upon approval by the County Review Agency, or 60 days from the receipt of this section by the Hunterdon County Planning Board if the Hunterdon County Planning Board, as County Review Agency, should fail to act.