The purpose of this article is to ensure that development and use of property are functional and attractive, are assets to the Borough, and minimize adverse impacts upon the site and surrounding neighborhood.
[Amended 9-23-2014 by Ord. No. 2014-17; 5-14-2019 by Ord. No. 2019-05]
Except as preempted by Residential Site Improvement Standards (RSIS), site design standards under Article IX shall be applicable to all site plans, subdivisions and conditional uses. Departure from such standards shall be governed by N.J.S.A. 40:55D-51.
A. 
Design of the development shall take into consideration all existing local and regional plans for the surrounding community.
B. 
Development of the site shall be based on an analysis of the site. To the maximum extent practicable, development shall be located to preserve the natural features of the site, to avoid areas of environmental sensitivity, and to minimize negative impacts and alteration of natural features.
C. 
Prior to submitting an application for consideration of a zoning permit which involves construction of a structure below grade, the applicant shall complete a test pit to determine the seasonal high groundwater table on said property within the area of improvement. Upon determining the seasonal high groundwater table elevation, the lowest portion of the proposed finished floor shall be set a minimum of 18 vertical inches higher than the seasonal high groundwater elevation. The test pit to determine the seasonal high groundwater table elevation shall be conducted in the presence of a Borough representative to confirm the elevation of the seasonal high groundwater demarcation.
[Added 6-25-2019 by Ord. No. 2019-13[1]; amended 12-17-2019 by Ord. No. 2019-16]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsections C through F as Subsections D through G, respectively.
D. 
The following specific areas shall be preserved as undeveloped open space to the extent consistent with the reasonable utilization of land, and in accordance with applicable or local regulations:
(1) 
Unique and/or fragile areas, including wetlands as defined in Section 404 (per Federal Water Pollution Control Act Amendments of 1972, and delineated on wetlands maps prepared by the U.S. Fish and Wildlife Service, field verified by on-site inspection);
(2) 
Significant trees or stands of trees, defined as the largest known individual trees of each species in the state, large trees approaching the diameter of the known largest tree, or species or clumps of trees that are rare to the area or of particular horticultural or landscape value;
(3) 
Lands in the floodplain, as defined by state or local regulations; and
(4) 
All proposed activities on areas of steep slopes shall be in accordance with § 135-93.1, entitled "Steep slope protection."
[Amended 7-10-2007 by Ord. No. 2007-20]
E. 
The development shall be laid out to avoid adversely affecting groundwater and aquifer recharge; to reduce cut and fill; to avoid unnecessary impervious cover; to prevent flooding; to provide adequate access to lots and sites; and to mitigate adverse effects of shadow, lighting, noise, odor, traffic, drainage, utilities, and lack of air on neighboring properties.
F. 
The developer shall eliminate or provide adequate safeguards in his plan against hazards that would impair life, health or property due to flood, fire and disease.
G. 
The developer must comply with all technical standards and specifications stated in this chapter and in any published standards and specifications addendum or manual which is adopted by resolution of the Board of Commissioners. The above-stated requirements as well as those of other bona fide professional or government organizations whose technical specifications or standards are referred to in this chapter and/or the addendum or manual adopted by the Borough shall be considered to have the same effect of law as if they were part of this chapter. The Borough Engineer shall be the final authority regarding any interpretation of these standards and specifications and shall also approve the design and specifications of any items of construction that a developer is required to or wishes to construct, if not otherwise covered by this chapter or addenda or manuals.
If the Master Plan or the Official Map provides for the reservation of designated walkways or public areas within the proposed development, before approving a subdivision or site plan, the Planning Board may further require that such streets, ways, basins, or areas be shown on the plat in locations and sizes suitable to their intended uses. The Planning Board may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one year after the approval of the final plat or for such further time as may be agreed to by the developer. Unless during such period or extension thereof the Borough shall have entered into a contract to purchase or institute condemnation proceeding according to law for a fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to the street and roads, flood control basins or public drainageways necessitated by the subdivision or land development and required for final approval.
A. 
Block length. Blocks shall not be less than 290 feet nor more than 1,300 feet long. Crosswalks up to 10 feet wide may be required for blocks more than 600 feet long.
B. 
Block width. Blocks shall be wide enough for two tiers of lots.
C. 
Through blocks. Double frontage lots are to be avoided and generally will not be permitted unless the lots are a minimum of 200 feet deep. However, where rear yards abut connector streets and the lots are entirely served by a separate local service or neighborhood feeder street, use of double frontage may be required.
D. 
Lot lines. Lot lines shall be at right angles to street lines or radial thereto wherever practicable.
E. 
House numbers. House numbers shall be assigned to each lot by the Borough Assessor.
F. 
Lot sizes. Minimum lot area and dimensions shall be governed by the Zoning Ordinance.[1]
[1]
Editor's Note: See Articles IV and V of this chapter for minimum lot area and dimensions.
G. 
Frontage. All lots shall have frontage on a street conforming with the design standards contained herein, and improved in accordance with Borough specifications.
H. 
Yard orientation. In order to maintain privacy and the character of existing neighborhoods, lots shall be oriented so that side yards adjoin other side yards, and rear yards adjoin other rear yards. In the case of corner lots, the one rear yard of the lot is allowed to adjoin the side yard of an adjacent lot.
[Added 3-8-1994 by Ord. No. 1692 A]
A. 
Residential lots should front on local service or feeder streets, not on connector streets.
B. 
Every lot shall have sufficient access to it for emergency vehicles as well as for those needing access to the property in its intended use.
C. 
The placement of units in residential developments shall take into consideration topography, privacy, building height, orientation, drainage, and aesthetics.
D. 
Buildings shall be spaced so that adequate privacy is provided for units.
E. 
Residential developments with three or more units per building or structure shall provide a centralized and screened solid waste and recycling management facility.
[Added 7-23-2002 by Ord. No. 1825, effective 9-15-2002]
Commercial and other developments shall be designed according to the same principles governing the design of residential developments; namely, buildings shall be located according to topography, with environmentally sensitive areas avoided to the maximum extent practicable; factors such as drainage, noise, odor, and surrounding land uses considered in siting buildings; sufficient access shall be provided; and adverse impacts buffered.
A. 
Road system and parking areas shall be designed to permit the safe, efficient and orderly movement of traffic; to meet, but not to exceed, the needs of the present and future population served; to have a simple and logical pattern; to provide for safe, efficient and orderly and adequate on-site or off-site parking for residents, customers and visitors; to provide safe, efficient and orderly off-street loading and unloading, including the movement of goods and vehicles; to respect natural features and topography; and to present an attractive streetscape per § 135-85.
[Amended 3-8-1994 by Ord. No. 1692 A]
B. 
In residential areas, the road system shall be designed to serve the needs of the neighborhood and to discourage use by through traffic.
C. 
The pedestrian system shall be located as required for safety per § 135-85. Sidewalks shall be placed parallel to the street, with exceptions permitted to preserve natural features or to provide visual interest.
D. 
Bikeways and walkways are encouraged as a means to facilitate circulation among and between buildings and other properties.
A. 
Function and materials. Buffering shall provide a year-round visual screen in order to minimize adverse impacts. It may consist of fencing, evergreens, berms, rocks, boulders, mounds, or combinations thereof to achieve the same objectives.
B. 
When required. Every development shall provide sufficient buffering when topographical or other barriers do not provide reasonable screening and when the Planning Board determines that there is a need to shield neighboring properties from any adverse external effects of a development or to shield the development from negative impacts of adjacent uses such as streets or railroads. In high-density developments, when building design and siting do not provide privacy, the Planning Board may require landscaping, fences, or walls to screen dwelling units for privacy. Buffers shall be measured from side and rear property lines, excluding driveways.
C. 
Amount required.
(1) 
Where residential and nonresidential uses abut each other, a buffer strip of six feet shall be required between such uses. Such buffer shall be opaque.
(2) 
Parking lots, garbage collection and utility areas, and loading and unloading areas should be screened around their perimeters by buffer strips, preferably a minimum of five feet wide.
D. 
Design. Arrangements of plantings in buffers shall provide maximum protection to adjacent properties and avoid damage to existing plant material. Possible arrangements include planting in parallel, serpentine, or broken rows. If planted berms are used, the minimum side slope shall be 2:1.
E. 
Planting specifications. Plant materials shall be sufficiently large and planted in such a fashion that a year-round screen at least eight feet in height shall be produced within three growing seasons. All plantings shall be installed according to accepted horticultural standards.
F. 
Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead and dying plants shall be replaced by the applicant during the next planting season. No buildings, structures, storage of materials, or parking shall be permitted within the buffer area; buffer areas shall be maintained and kept free of all debris, rubbish, weeds and tall grass. Failure to maintain the approved buffer shall be considered an unapproved change in the site plan and shall therefore be a violation of this chapter to be enforced under the penalty sections of this chapter.[1]
[1]
Editor's Note: See Art. XVI of this chapter.
A. 
Purpose.
(1) 
Landscaping shall be provided as part of site plan and subdivision design. It shall be conceived in a total pattern throughout the site, integrating the various elements of site design, preserving and enhancing the particular identity of the site, and creating a pleasing site character.
(2) 
Landscaping may include plant materials such as trees, shrubs, ground covers, perennials, and annuals, and other materials such as rocks, water, sculpture, art, walls, fences, paving materials, lighting for aesthetics and street furniture.
(3) 
Landscaping shall be planned in such a way that the site requires as little use of potable water as possible to insure the survival of the plants. Water conservation is a critical purpose of this section.
B. 
Landscape plan. A landscape plan prepared by a certified landscape architect shall be submitted with each site plan and major subdivision application, unless an exception is granted pursuant to § 135-68B of this chapter. The plan shall identify existing and proposed trees, shrubs, and ground covers; existing landscaping to be removed; natural features such as rock outcropping; and other landscaping elements. The plan shall show where they are or will be located and planting and/or construction details. Where existing plantings are to be retained, the application shall include in the plan's proposed methods of protecting them during construction. The landscape plan shall also address landscape maintenance requirements.
C. 
Site protection and general planting requirements.
(1) 
Topsoil preservation. Topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide at least four inches of even cover to all disturbed areas of the development and shall be stabilized by seeding or planting.
(2) 
Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials or other debris shall be removed from the site and disposed of in accordance with the law. No tree stumps, or portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips, they may be used as mulch in landscaped areas, subject to approval by the Borough Engineer.
(3) 
Protection of existing plantings. Maximum effort should be made to save mature trees, including those trees with a diameter of 10 inches or more. No material or temporary soil deposits shall be placed within four feet of shrubs or 10 feet of trees designated on the landscape plan to be retained. Protective barriers shall be installed around each plant or group of plants that are to remain on site. Barriers shall not be supported by the plants they are protecting, but shall be self-supporting. They shall be a minimum of four feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.
[Amended 6-24-2008 by Ord. No. 2008-15]
(3.1) 
On-site compensatory tree planting. In the event that it is impractical or would cause undue hardship in the opinion of the Planning Board or Zoning Board of Adjustment that an existing tree with a diameter of 10 inches or more be retained, compensatory planting shall be provided according to the following schedule and standards:
[Added 6-24-2008 by Ord. No. 2008-15]
Diameter of Tree Removed
(inches)
Number of Replacements Per Tree Removed
10 to 18
1
Greater than 18 to 24
2
Greater than 24 to 30
3
Greater than 30 to 36
4
Greater than 36 to 40
5
Greater than 40
7
(a) 
Replacement trees shall be nursery grown and comply with American Association of Nurserymen standards for nursery stock and shall be between 2.5 inches and 3.5 inches in caliper.
(b) 
Replacement trees may be used anywhere on site, unless prohibited by law, and shall be planted in accordance with the standards of the American Association of Nurserymen. However, if one or more of the following conditions exist, some or all of the replacement trees may be planted off site:
[Amended 9-23-2014 by Ord. No. 2014-17]
[1] 
The site in question cannot physically accommodate the total replacement amount of trees, and the applicant contributes an amount equal to the calculated monetary value of nonreplaced trees to the Tree Escrow Fund; or
[2] 
The Shade Tree Commission and applicant agree in writing that the applicant shall make payment to the Tree Escrow Fund based upon a fee schedule which shall be set by a resolution of the Board of Commissioners each year.
(c) 
All trees shall be guaranteed for a minimum of one year from the time of planting by the applicant against death and disease.
(d) 
In the event that it is impractical to install replacement trees immediately due to planting hazards or species availability, a bond covering the total cost of the plant material and installation shall be posted with the Borough.
(e) 
In the event it is impractical to provide the required number of replacement trees on the subject site, fewer, however, larger, more valuable replacement trees shall be installed on the site, with an aggregate cost as installed not less than the estimated aggregate cost of the required number of replacement trees. Alternatively, the applicant and the Shade Tree Commission may agree in writing that the applicant make payment to the Tree Escrow Fund to cover the cost of planting trees elsewhere in the Borough. Each year the Board of Commissioners shall, by resolution, establish a fee schedule.
[Amended 9-23-2014 by Ord. No. 2014-17]
(4) 
Slope plantings. Landscaping of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with ground cover appropriate for the purpose and for soil conditions, water availability, and environment.
(5) 
Additional landscaping. In residential developments, besides the screening and street trees required, additional plantings or landscaping elements may be required throughout the subdivision where necessary for climate control, privacy, or other reasons in accordance with the landscape plan approved by the Planning Board. In nonresidential developments, all areas of the site not occupied by buildings and required improvements shall be landscaped by the planting of grass or other ground cover, shrubs, and trees as part of the landscape plan approved by the Planning Board.
(6) 
Planting specification. Deciduous trees shall be at least 2 1/2 inches caliper at planting and should be balled and burlapped. Size of evergreens should be four feet tall and shrubs two feet tall at planting but may be allowed to vary depending on setting and type of shrub. Only nursery-grown plant materials shall be acceptable, and trees, shrubs, and ground cover shall be planted according to accepted horticultural standards. Dead and dying plants shall be replaced by the developer during the following planting season.
(7) 
Plant species. The plant species selected should be hardy for this portion of New Jersey and appropriate in terms of function and size. They should be of a type that requires the least amount of watering for survival to meet the water conservation purposes of this section.
(8) 
Maintenance. The maintenance standards of § 135-83 shall be followed.
D. 
Shade trees.
(1) 
Location. Applicants shall provide shade trees on both sides of all streets. The trees shall be planted at a minimum of one tree per each 25 feet of frontage unless otherwise determined by the Haddonfield Shade Tree Commission. Tree location, landscape design, and spacing as determined by the Shade Tree Commission shall be included as part of the landscape plan approved by the Planning or Zoning Board.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002]
(2) 
Tree type. Tree type may vary depending on overall effect desired, but as a general rule, all trees on a street shall be the same kind except to achieve special effects. Selection of tree types shall be in accordance with the Shade Tree Commission's approved plan and be approved by the Planning Board.
(3) 
Planting specifications. All trees shall have a caliper of at least 2 1/2 inches and be nursery grown, of substantially uniform size and shape, and have straight trunks. Trees shall be properly planted and staked and provision made by the applicant for regular watering and maintenance until they are established. Dead and dying trees shall be replaced by the applicant during the next planting season.
(4) 
Applicants are encouraged to consult with the Shade Tree Commission early in plan development to ensure that shade tree plans are compatible with Borough goals and requirements.
E. 
Paving materials.
(1) 
Design and choice of paving materials used in pedestrian areas shall consider such factors as function, climate, characteristics of users, availability, cost, maintenance, glare, drainage, noise, appearance and compatibility with surroundings.
(2) 
Acceptable materials shall include, but are not limited to, concrete, brick, cement pavers, asphalt and stone.
F. 
Walls and fences.
(1) 
Walls and fences shall be erected where required for privacy, screening, separation, security, erosion control, or to serve other necessary and reasonable functions.
(2) 
The design and materials used shall be functional and compatible with existing and proposed site architecture.
(3) 
No fence or wall shall be so constructed or installed as to constitute a hazard to traffic or safety.
(4) 
Walls and fencing shall otherwise meet the standards of § 135-96 of this chapter.
G. 
Street furniture.
(1) 
Street furniture, such as, but not limited to, trash receptacles, benches, phone booths and newspaper vending boxes (which may only be located in commercial zones), shall be located and sized in accordance with function.
(2) 
The different street furniture components shall be compatible in form, material and finish. Design and materials shall be coordinated with existing and proposed site architecture. Selection of street furniture shall take into consideration function, durability, maintenance, and long-term cost.
A. 
Streets shall be classified in a hierarchical system as follows:
(1) 
Local service streets: streets providing direct access to residential structures, and intended primarily to serve only the properties along them.
(2) 
Feeder streets: streets connecting local service streets; providing access to community facilities and connector streets.
(3) 
Connector streets: streets which provide the principal connections among communities, and to regional highways, and which provide the principal means of internal traffic movement.
(4) 
Cul-de-sac: a street with one end open for vehicular and pedestrian access and the other end terminating in a vehicular turnaround.
(5) 
Alley: a service road that provides a secondary means of access to lots.
B. 
Widths of streets shall be as follows:
Type of Street
Assumed Requirements for Traffic and Parking
Right-of-Way Width
(feet)
Cartway Width
(feet)
Grading Width
Local Service
2 traffic lanes
(11 feet)
1 parking lane
(8 feet)
50
30
Full
Feeder
2 traffic lanes
(12 feet)
2 parking lanes
(8 feet)
60
40
Full
Connector
2 traffic lanes
(12 feet)
2 parking lanes
(8 feet)
80
40
Full
Cul-de-sac that serves up to and including 3 families
2 traffic lanes
(10 feet)
1 parking lane
(8 feet)
40 (at throat)
62 radius
(at circle)
28 (at throat)
50 radius
(at circle)
Full
Cul-de-sac that serves more than 3 families
2 traffic lanes
(11 feet)
1 parking lane
(8 feet)
40 (at throat)
62 radius
(at circle)
30 (at throat)
50 radius
(at circle)
Full
Alley
2 traffic lanes
(10 feet)
22
20
Full
C. 
Right-of-way. The right-of-way shall be measured from lot line to lot line and shall be sufficiently wide to contain the cartway, curbs, sidewalks, utilities and shade trees. The street right-of-way line shall be parallel to the curbline. In zones where buildings are permitted to abut the right-of-way lines, a diagonal cutoff may be employed, provided that sidewalk width and corner visibility are unimpaired.
D. 
Continuations. New streets shall be laid out to continue existing streets at no reduction in width, provided that such continuations are both reasonable and practicable.
E. 
Names. Continuations of exiting streets shall be known by the same name. Names for new streets shall not duplicate or closely resemble names for existing streets within the Borough and adjoining municipalities. The Board of Commissioners of the Borough shall have the final approval authority for all street names.
F. 
Adjacent access. Street layout shall make reasonable provision for access to adjacent undeveloped areas and the applicant shall improve these access streets to the limits of the development. No areas lacking access to a street shall be created.
G. 
Reserve strips. Reserve strips controlling access to the development or to adjacent areas are prohibited.
H. 
Half streets. Provision of half streets, except to complete existing half streets, is prohibited.
I. 
Highway frontage. If the development abuts a present or proposed connector street, the Planning Board may require the use of through lots as described above or the use of a marginal service street along the edge of the highway but separated from it by a raised strip at least five feet wide.
J. 
Dead-end streets. Dead-end streets are prohibited unless constructed as culs-de-sac, not exceeding 500 feet in length, with a turnaround having a minimum radius of 40 feet to the property line and a cartway radius of 55 feet.
K. 
Directional changes. Changes in street direction shall be made in accordance with Borough specifications and must be approved by ordinance by the Board of Commissioners.
L. 
Curbs. Curbs shall be constructed for the full length of all streets and shall be designed to provide a barrier-free ramp at intersections.
M. 
Sidewalks.
(1) 
Sidewalks shall be required along the full length of all streets unless the Planning Board grants an exception for low-density residential areas.
(2) 
Sidewalks shall be placed in the right-of-way, parallel to the street, unless an exception has been permitted to preserve topographical or natural features or to provide visual interest, or unless the applicant shows that an alternative pedestrian system provides safe and convenient circulation. In commercial and in high-density residential areas, sidewalks may abut the curb.
(3) 
Pedestrianway easements up to 10 feet wide may be required by the Planning Board through the center of blocks more than 600 feet long to provide circulation or access to schools, playgrounds, shopping or other community facilities.
(4) 
Sidewalks shall measure four feet in width; wider widths may be necessary near pedestrian generators and employment centers. Where sidewalks abut curbs and cars overhang the sidewalk, widths shall be five feet. The width of graded areas shall be the same as for sidewalks. Neither this provision nor any other provision of this chapter shall be construed to govern the width or composition of sidewalks or walkways that are situated on single- or two-family residential properties or are not in the public right-of-way and parallel and generally adjacent to any street.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002]
N. 
Construction standards for curbs, sidewalks, bikeways, and streets. All streets shall be built to Borough standards, or in accordance with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1.1 et seq.), as required. Such standards shall be as published in the Borough Technical Standards and Specifications Addendum or Manual.[1] The use of private easements to access properties otherwise inaccessible from a public right-of-way is prohibited in accordance with N.J.S.A. 40:55D-35.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002]
[1]
Editor's Note: See Appendix containing the technical specifications at the end of this chapter.
A. 
General. An adequate number of off-street parking spaces shall be required in all zones, and in association with every residential, office, business, institutional or other use of property. All businesses and commercial properties must provide a suitable location for loading and unloading of materials or passengers from vehicles. Such location shall not interfere with the public street and its uses.
B. 
Number of spaces.
(1) 
For residential uses in R, O, C, and P Zones (outside downtown zoning districts), off-street parking shall be provided as set forth below:
[Amended 6-10-2008 by Ord. No. 2008-13]
Housing Unit Type and Size
Off-Street Parking Requirement
Single-family detached
4 or fewer bedrooms
2 spaces
5 or more bedrooms
3 spaces
Townhouses or attached
Up to 4 bedrooms
2 spaces
More than 4 bedrooms
3 spaces
Apartments
Per housing unit
2 spaces
(1.1) 
For residential uses in D1, D2, D3, and D4 Zones, off-street parking shall be provided at a rate of 1.5 parking spaces per dwelling unit.
[Added 6-10-2008 by Ord. No. 2008-13]
(2) 
For nonresidential uses in R, O, C, and P Zones (outside downtown zoning districts), off-street parking shall be provided as set forth below. For uses not listed, the Planning Board shall evaluate the applicant's parking plan in relation to requirements for similar uses.
[Amended 7-27-2004 by Ord. No. 20-2004; 6-10-2008 by Ord. No. 2008-13]
Use
Parking Requirement
Church and other places of worship
1 space for every 4 fixed seats in the main sanctuary plus 1 space per 200 square feet of GFA
Offices other than medical or dental
(a)
Where customer visits not expected
1 space per 400 square feet of GFA
(b)
Other non-medical/dental
1 space per 200 square feet of GFA
Laboratory and research uses
1 space per 300 square feet of GFA
Medical and dental offices
4 spaces for each doctor plus 1 space per 100 square feet of GFA
Nursing homes
1 space per bed
Retail stores
(a)
Convenience
1 space per 150 square feet of GFA
(b)
Other
1 space per 200 square feet of GFA
Restaurants and catering halls
(a)
Quick food
1 space per 30 square feet of GFA
(b)
Other
1 space per 100 square feet of GFA
Schools
(a)
Nursery
1 space for each employee plus 1 space per 200 square feet of GFA
(b)
Secondary
5 spaces per classroom
(c)
Primary or intermediate
2 spaces per classroom
Service stations
(a)
Gasoline sales
1 space per 200 square feet of GFA of enclosed sales space plus vehicle parking area at pumps adequate for a minimum of 3 vehicles to wait on each side of each set of pumps at any one time
(b)
Repair and service
4 spaces for each service bay and each other vehicle work area
Swimming pools and clubs
1 space per 200 square feet of GFA of enclosed area plus 1 space for each 3 people at maximum rated capacity
Tennis courts
4 spaces per court
Theaters
1 space for every 3 seats
Notes:
(1)
When the determination of the number of parking spaces required by the above results in a requirement of a fractional space, any fraction of 0.49 or less may be disregarded, while a fraction in excess of 0.49 shall be counted as one parking space.
(2)
GFA is gross floor area.
(2.2) 
For nonresidential uses in D1, D2, D3 and D4 Zones, off-street parking shall be provided at a rate of three parking spaces per 1,000 square feet. This requirement does not apply to restaurants in these zones that otherwise meet the conditional use requirements of § 135-65.1B.
[Added 6-10-2008 by Ord. No. 2008-13; amended 5-9-2017 by Ord. No. 2017-06]
(3) 
Parking spaces for the handicapped shall be provided as required in P.L. 1975, c. 221 (N.J.S.A. 52:32-11 et seq.).
(4) 
A one-car garage and driveway combination shall count as two off-street parking spaces, provided that the minimum length of the driveway measured from behind the actual front setback line of the dwelling to the face of the garage door is 25 feet. A two-car garage and driveway combination shall count as 3.5 off-street parking spaces, provided that the minimum width of the driveway is 20 feet and its minimum length behind the dwelling setback line is as specified above for a one-car garage.
(5) 
For mixed-use developments, a shared parking approach to the provision of off-street parking shall be permitted; however, the number of parking spaces for each separate use shall be added to determine the total number of required parking spaces, except that when the mixed use is commercial and residential the requirements shall be as stated in Article VII of this chapter. Where Article VII does not apply, then the requirement shall be as stated in this section but if the number of spaces required for the commercial use is greater than the number required for the residential use, the number for the residential use may be reduced by 1/2.
(6) 
Driveways.
[Amended 7-23-2002 by Ord. No. 1823; 7-23-2002 by Ord. No. 1825, effective 9-15-2002]
(a) 
Driveways and other parking areas shall not be less than nine feet in width and shall be constructed with materials that are a hard surface such as concrete, asphalt, paving stones, bricks, landscaping pavers and/or other similar hard-surface materials. An applicant may use alternate materials if approved by the Borough Engineer where such alternate material is installed in such a way as to prevent negative impacts such as mud or loose stone or similar problems.
(b) 
Except as set forth herein, all driveways shall be set back not less than three feet from the side lot line. Whenever one or more properties share a common driveway with a single curb cut and a copy of the appropriate recorded easement is on file with the Borough, then no setback from the side yard lot lines for the driveway servicing those properties shall be required.
(c) 
No vehicular circulation area, parking or loading area shall be permitted in the front of the front building line of the principal building.
(d) 
Only one curb cut and driveway shall be permitted from any residential lot, except that where a lot has frontage on more than one street, a second curb cut and driveway is permitted, as long as the driveways otherwise meet the requirements of this chapter.
(7) 
No parking space shall be provided in the area between the building's actual setback line and any street.
C. 
Size of spaces.
(1) 
Each off-street parking space shall measure nine feet in width by 18 feet in length.
(2) 
Each off-street parking space for the physically handicapped shall measure 12 feet in width by 18 feet in length.
(3) 
Each parallel curb parking space shall measure no less than eight feet in width and 22 feet in length.
[Amended 6-10-2008 by Ord. No. 2008-13]
D. 
Parking area design standards. Standards shall be as published in the Borough Technical Standards and Specifications Addendum or Manual.
E. 
Parking area paving standards. Standards shall be as published in the Borough Technical Standards and Specifications Addendum or Manual.
F. 
Parking area landscaping standards. Standards shall be as published in the Borough Technical Standards and Specifications Addendum or Manual.
G. 
Maintenance. Every parking, loading and unloading area shall be maintained in good condition, free of hazards and deterioration.
H. 
Shared parking. Owners or lessees of land uses that exhibit off-setting parking demand patterns may reduce the total amount of parking that they are required to provide if they demonstrate at the time of site plan review that the total amount of parking being provided for the combined uses will be available.
[Added 6-10-2008 by Ord. No. 2008-13]
(1) 
In calculating the total amount of parking available, applications shall submit a shared parking analysis report using procedures originally proposed in the report "Shared Parking" published by the Urban Land Institute in cooperation with the Institute of Traffic Engineers. Revised parking accumulation information published in the report "Parking Generation - 3d Edition," published by the Institute of Traffic Engineers, or later edition, shall be employed as appropriate.
(2) 
The total amount of parking to be provided shall consist of an amount 10% greater than the projected peak parking accumulation rate calculated using the shared parking procedures.
(3) 
An applicant who seeks to employ a shared parking approach must:
(a) 
Be under the control of a single entity or document that they have entered into a binding agreement authorizing the shared parking arrangement; the applicant shall be required to file a report three years from date of final development approval with the Zoning Office documenting that it is continuing to satisfy its parking requirement;
(b) 
Provide the shared parking on the same block as the parcel to be developed or a contiguous block unless otherwise approved; and
(c) 
Provide clear informational signage directing vehicles to the associated parking area(s).
(4) 
Any applicant for development or land use change in one of the downtown districts shall submit an appropriate parking analysis report as part of a complete development application.
(a) 
If the development requires review by the Planning Board, the Planning Board shall analyze the report findings and establish requirements as part of any approval the Board elects to grant.
(b) 
Developments not requiring Planning Board review, including changes in use, shall be reviewed administratively by the Zoning Officer to determine parking requirements.
(c) 
In cases which an applicant relies upon shared parking or arranged off-site parking, the applicant shall be required to file a report every two years with the Zoning Officer documenting that it is continuing to satisfy its parking requirement.
(d) 
When an existing property is being changed to create a more intensive use relative to parking, but will not add any building space, the plan may be reviewed administratively provided that no other conditions requiring site plan review apply.
A. 
Lighting plan. A lighting plan shall be prepared when any exterior lighting is proposed or required pursuant to this section. The plan shall include the location and type and height of light, standard, radius of light, manufacturer's specification sheet and intensity in footcandles.
B. 
Lighting required.
(1) 
Lighting shall be provided at intersections, along walkways, at entryways and exits, between buildings and in parking areas.
(2) 
Where any type of circulation system merges, intersects or splits, lighting shall be provided.
(3) 
Walkways, including sidewalks, alleys and paths, should be lighted.
A. 
Design and placement of traffic signs shall follow state regulations or the requirements specified in the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the U.S. Department of Transportation.
B. 
At least two street name signs shall be placed at each four-way street intersection, and one at each T-intersection. Signs shall be installed under light standards and free of visual obstruction. The design of street name signs shall be consistent, of a style appropriate to the Borough and of a uniform size and color.
C. 
Site information signs shall conform to Chapter 191, Signs, and shall be designed so as to be aesthetically pleasing, harmonious with other signs on the site and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians. Sign design should be consistent with any sign design theme established for the area in which the site is located. The design theme would include style of lettering, construction, material, type of pole or standard (wood or metal, for example), size and lighting. Color of letters and background is also important and should be carefully considered in relation to the color of the material or building or where the signs are proposed to be located.
A. 
All electric, telephone, television, and other communication lines, both main and service connections, serving new developments shall be provided by underground wiring within easements or dedicated public rights-of-way, installed in accordance with the prevailing standards and practices of the utility or other companies providing such services.
B. 
Lots that abut existing easements or public rights-of-way where overhead electric or telephone distribution supply lines and service connections have previously been installed may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground. In the case of existing overhead utilities, should a road widening, or an extension of service, or other such condition occur as a result of the development and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be underground.
C. 
Where an applicant can demonstrate that unusual topographic or other conditions having to do with the property make underground installation of lines infeasible or impractical, the Planning Board may waive these requirements.
D. 
Where overhead lines are permitted as the exception, the placement and alignment of poles shall be designed to lessen the visual impact of overhead lines. Alignments and pole locations shall be carefully routed to avoid locations along horizons; clearing swaths through tree areas shall be avoided by selective cutting and a staggered alignment; trees shall be planted in open areas and at key locations to minimize the view of the poles and the alignments; and alignments shall follow rear lot lines and other alignments.
E. 
Year-round screening of any utility apparatus appearing above the surface of the ground, other than utility poles, shall be required.
A. 
General.
(1) 
Connection. All newly constructed properties shall be connected to the Borough's public water supply system. All proposals shall be approved by the Borough's licensed water system operator.
(2) 
Capacity.
(a) 
The water supply system shall be adequate to handle the necessary domestic flow and fire flow based on complete development and shall insure there is no negative impact on the water needs of existing development.
(b) 
The demand rates for all uses shall be considered in computing the total system demand. Where fire protection is provided, the system shall be capable of providing the required fire demand plus the required domestic demand.
B. 
Design. Standards shall be as published in the Borough Technical Standards and Specifications Addendum or Manual.
C. 
Health approval. Final approval for the use of any newly constructed water main to be used for potable water purposes is the responsibility of the Haddonfield Department of Health. No main shall be put into use unless the procedures are followed as published in the Borough Technical Standards and Specifications Addendum or Manual.[1]
[1]
Editor's Note: See Appendix containing the technical specifications, included as an attachment to this chapter.
A. 
General.
(1) 
All installations shall be properly connected to an approved and functioning sanitary sewer system prior to the issuance of a certificate of occupancy.
(2) 
The sanitary sewer system shall be adequate to handle the necessary flow based on complete development.
(3) 
If a public system is not in place or cannot be extended, the developer must provide individual subsurface disposal systems where appropriate, give site density, soil, slope, and other conditions and subject to applicable state and other prevailing regulations.
(4) 
All proposals for new public sanitary sewer systems, or extensions to existing public sewer systems or the installation of dry lines, or the use of individual subsurface disposal systems, shall be approved by the officially designated agency of local, county, state or other unit of government.
B. 
Design and placement. Standards shall be as published in the Borough Technical Standards and Specifications Addendum or Manual.
[Amended 3-28-2006 by Ord. No. 2006-06; 5-9-2017 by Ord. No. 2017-06; 6-13-2017 by Ord. No. 2017-08; 4-30-2019 by Ord. No. 2019-08; 6-25-2019 by Ord. No. 2019-13; 3-9-2021 by Ord. No. 2021-02]
A. 
Scope, purpose and applicability.
(1) 
Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure best management practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low-impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.
(2) 
Purpose. It is the purpose of this section to establish minimum stormwater management requirements and controls for all development, with the exception of additions and renovations to single-family homes that do not increase existing impervious coverage by more than 20%, which conform to the Land Development Ordinance of the Borough of Haddonfield.
(3) 
Applicability.
(a) 
This section shall be applicable to all site plans or subdivisions that require site plan review and the following:
[1] 
Nonresidential developments; and
[2] 
Aspects of residential developments that are not preempted by the Residential Site Improvement standards at N.J.A.C. 5:21.
(b) 
This section shall also be applicable to all projects undertaken by the Borough of Haddonfield.
(c) 
All new homes and commercial buildings requiring a building permit issued by the Borough of Haddonfield.
(d) 
All additions and renovations that increase existing impervious coverage by more than 20%.
(4) 
Compatibility with other permit and ordinance requirements.
(a) 
Approvals issued pursuant to this section are to be considered an integral part of the approvals process and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law, except that where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.
(b) 
Aspects of stormwater management system design and placement not preempted by this section shall be in accordance with the Residential Site Improvement Standards at N.J.A.C. 5:21.
B. 
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 below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
CAFRA CENTERS, CORES OR NODES
Those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
CAFRA PLANNING MAP
The map used by the Department to identify the location of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes. The CAFRA Planning Map is available on the Department's Geographic Information System (GIS).
COMMUNITY BASIN
An infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this chapter.
COMPACTION
The increase in soil bulk density.
CONTRIBUTORY DRAINAGE AREA
The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.
CORE
A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY
An agency designated by the County Board of Commissioners to review municipal stormwater management plans and implementing ordinances. The county review agency may either be:
(1) 
A county planning agency; or
(2) 
A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT
The New Jersey Department of Environmental Protection.
DESIGN ENGINEER
A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project designs and preparation of drawings and specifications.
DESIGNATED CENTER
A State Development and Redevelopment Plan Center as designated by the State Planning Commission, such as urban, regional, town, village, or hamlet.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
DISTURBANCE
The placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.
DRAINAGE AREA
A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
EMPOWERMENT NEIGHBORHOOD
A neighborhood designated by the Urban Coordinating Council in consultation and conjunction with the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.
ENVIRONMENTALLY CONSTRAINED AREA
The following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
ENVIRONMENTALLY CRITICAL AREA
An area or feature which is of significant environmental value, including, but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
GREEN INFRASTRUCTURE
A stormwater management measure that manages stormwater close to its source by:
(1) 
Treating stormwater runoff through infiltration into subsoil;
(2) 
Treating stormwater runoff through filtration by vegetation or soil; or
(3) 
Storing stormwater runoff for reuse.
HUC 14 or HYDROLOGIC UNIT CODE 14
An area within which water drains to a particular receiving surface water body, also known as a sub-watershed, which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
IMPERVIOUS SURFACE
A surface as defined in § 135-10 of the Land Development Ordinance.
INFILTRATION
The process by which water seeps into the soil from precipitation.
LEAD PLANNING AGENCY
One or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.
MAJOR DEVELOPMENT
(1) 
An individual "development," as well as multiple developments that individually or collectively result in:
(a) 
The disturbance of one or more acres of land since February 2, 2004;
(b) 
The creation of 1/4 acre or more of "regulated impervious surface" since February 2, 2004;
(c) 
The creation of 1/4 acre or more of "regulated motor vehicle surface" since March 2, 2021; or
(d) 
A combination of Subsection (1)(b) and (c) above that totals an area of 1/4 acre or more. The same surface shall not be counted twice when determining if the combination area equals 1/4 acre or more.
(2) 
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection (1)(a), (b), (c) or (d) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."
MOTOR VEHICLE
Land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low speed vehicles. For the purposes of this definition, motor vehicle does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.
MOTOR VEHICLE SURFACE
Any pervious or impervious surface that is intended to be used by "motor vehicles" and/or aircraft, and is directly exposed to precipitation including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.
MUNICIPALITY
Any city, borough, town, township, or village.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL
The manual maintained by the Department, providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Subsection D(6) and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
NODE
An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON
Any individual, corporation, company, partnership, firm, association, Borough of Haddonfield or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
RECHARGE
The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
REGULATED IMPERVIOUS SURFACE
Any of the following, alone or in combination:
(1) 
A net increase of impervious surface;
(2) 
The total area of impervious surface collected by a new stormwater conveyance system (for the purpose of this definition, a "new stormwater conveyance system" is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created);
(3) 
The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or
(4) 
The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.
REGULATED MOTOR VEHICLE SURFACE
Any of the following, alone or in combination:
(1) 
The total area of motor vehicle surface that is currently receiving water;
(2) 
A net increase in motor vehicle surface; and/or quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.
SEDIMENT
Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
SITE
The lot or lots upon which development is to occur or has occurred.
SOIL
All unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.
STATE PLAN POLICY MAP
The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BMP
An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.
STORMWATER MANAGEMENT PLANNING AGENCY
A public body authorized by legislation to prepare stormwater management plans.
STORMWATER MANAGEMENT PLANNING AREA
The geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
TIDAL FLOOD HAZARD AREA
A flood hazard area in which the flood elevation resulting from the two-, ten-, or 100-year storm, as applicable, is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent of the storm surge from a particular storm event, a flood hazard area may be tidal in the 100-year storm, but fluvial in more frequent storm events.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONES
A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.
URBAN REDEVELOPMENT AREA
Previously developed portions of areas:
(1) 
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
(2) 
Designated as CAFRA Centers, Cores or Nodes;
(3) 
Designated as Urban Enterprise Zones; and
(4) 
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATER CONTROL STRUCTURE
A structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS or WETLAND
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."
C. 
Design and performance standards for stormwater management measures.
(1) 
Stormwater management measures for development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:
(a) 
The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.
(b) 
The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.
(2) 
The standards in this section are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new covered development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or water quality management plan adopted in accordance with Department rules.
(3) 
Any stormwater, rainwater or groundwater directed to the outside of the property by gravity or mechanical means shall drain onto the private property as to not cause a hazard or other type of condition that would affect pedestrians, sidewalks, Borough right-of-way or streets. No sump pump outlet, gutter or roof leader shall drain or be pumped directly or indirectly onto the sidewalk or public street. A sump pump outlet, gutter or roof leader shall be terminated within the area of the lot on which it is located and shall not discharge onto adjoining properties. A sump pump shall not discharge water, either directly or indirectly, into the sanitary sewer system.
(a) 
Sump pump outlets, gutters or roof leaders must terminate at least 10 feet from front and rear lot lines and five feet from side lot lines.
(b) 
Exemptions: Lots located fronting Kings Highway from Grove Street to the PATCO Line and lots fronting Haddon Avenue shall be exempt from § 135-92C(3). The exemption is only for existing structures. New construction must comply with stormwater management measures in § 135-92C.
D. 
Stormwater management requirements.
(1) 
All major developments and any development that includes installation of a stormwater maintenance system shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of the proposed development in accordance with Subsection J. Maintenance plans for all other development shall be at the direction of the Director of Community Development.
(2) 
All proposed stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
(3) 
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsection D(16) and D(17):
(a) 
The construction of an underground utility line, provided that the disturbed areas are revegetated upon completion;
(b) 
The construction of an above ground utility line, provided that the existing conditions are maintained to the maximum extent practicable; and
(c) 
The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.
(4) 
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsection D(15), D(16) and D(17) may be obtained for the enlargement of an existing public roadway or railroad, or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(a) 
The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;
(b) 
The applicant demonstrates, through an alternatives analysis, that through the use of nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of Subsection D(15), D(16) and D(17) to the maximum extent practicable;
(c) 
The applicant demonstrates that, in order to meet the requirements of Subsection D(15), D(16) and D(17), existing structures currently in use, such as homes and buildings, would need to be condemned; and
(d) 
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(4)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection D(15), D(16) and D(17) that were not achievable on-site.
(5) 
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection D(15), D(16) and D(17). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
(6) 
Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this ordinance the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
Best Management Practice
Stormwater Runoff Quality TSS Removal Rate
Stormwater Runoff Quantity
Groundwater Recharge
Minimum Separation from Seasonal High-Water Table
(feet)
Cistern
0%
Yes
No
—
Dry well(a)
0%
No
Yes
2
Grass swale
50% or less
No
No
2(e)
1(f)
Green roof
0%
Yes
No
—
Manufactured treatment device(a)(g)
50% or 80%
No
No
Dependent upon the device
Pervious paving system(a)
80%
Yes
Yes(b)
No(c)
2(b)
1(c)
Small-scale bioretention basin(a)
80% or 90%
Yes
Yes(b)
No(c)
2(b)
1(c)
Small-scale infiltration basin(a)
80%
Yes
Yes
2
Small-scale sand filter
80%
Yes
Yes
2
Vegetative filter strip
60% to 80%
No
No
—
(Notes corresponding to annotations (a) through (g) are found after Table 3.)
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best Management Practice
Stormwater Runoff Quality TSS Removal Rate
Stormwater Runoff Quantity
Groundwater Recharge
Minimum Separation from Seasonal High Water Table
(feet)
Bioretention system
80% or 90%
Yes
Yes(b)
No(c)
2(b)
1(c)
Infiltration basin
80%
Yes
Yes
2
Sand filter(b)
80%
Yes
Yes
2
Standard constructed wetland
90%
Yes
No
N/A
Wet pond(d)
50% to 90%
Yes
No
N/A
(Notes corresponding to annotations (b) through (d) are found after Table 3.)
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Best Management Practice
Stormwater Runoff Quality TSS Removal Rate
Stormwater Runoff Quantity
Groundwater Recharge
Minimum Separation from Seasonal High Water Table
(feet)
Blue roof
0%
Yes
No
N/A
Extended detention basin
40% to 60%
Yes
No
1
Manufactured treatment device(h)
50% or 80%
No
No
Dependent upon the device
Sand filter(c)
80%
Yes
No
1
Subsurface gravel wetland
90%
No
No
1
Wet pond
50% to 90%
Yes
No
N/A
Notes to Tables 1, 2, and 3:
(a)
Subject to the applicable contributory drainage area limitation specified at Subsection D(15)(b);
(b)
Designed to infiltrate into the subsoil;
(c)
Designed with underdrains;
(d)
Designed to maintain at least a ten-foot-wide area of native vegetation along at least 50% of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation;
(e)
Designed with a slope of less than 2%;
(f)
Designed with a slope of equal to or greater than 2%;
(g)
Manufactured treatment devices that meet the definition of green infrastructure at Subsection B;
(h)
Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection B.
(7) 
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection F(2). Alternative stormwater management measures may be used to satisfy the requirements at Subsection D(15) only if the measures meet the definition of green infrastructure at Subsection B. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection D(15)(b) are subject to the contributory drainage area limitation specified at Subsection D(15)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection D(15)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from Subsection D(15).
(8) 
Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact on the groundwater table and design the site, so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high-water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.
(9) 
Design standards for stormwater management measures are as follows:
(a) 
Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high-water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);
(b) 
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection H(2);
(c) 
Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall be deemed to meet this requirement;
(d) 
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection H; and
(e) 
The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of 2 1/2 inches in diameter.
(10) 
Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection B may be used only under the circumstances described at Subsection D(15)(d).
(11) 
Any application for a new agricultural development that meets the definition of major development at Subsection B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection D(15), (16) and (17) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
(12) 
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16) and (17) shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
(13) 
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the Camden County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(15), (16) and (17) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection J(2)(d). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
(14) 
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection D of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the Camden County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection D(13) above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection D(13) above.
(15) 
Green infrastructure standards.
(a) 
This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.
(b) 
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection D(16) and (17), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection D(6), and/or an alternative stormwater management measure approved in accordance with Subsection D(7). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
Best Management Practice
Maximum Contributory Drainage Area
Dry well
1 acre
Manufactured treatment device
2.5 acres
Pervious pavement systems
Area of additional inflow cannot exceed three times the area occupied by the BMP
Small-scale bioretention systems
2.5 acres
Small-scale infiltration basin
2.5 acres
Small-scale sand filter
2.5 acres
(c) 
To satisfy the stormwater runoff quantity standards at Subsection D(17)(c), the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Subsection D(7).
(d) 
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection D(7) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16) and (17).
(e) 
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection D(16) and (17), unless the project is granted a waiver from strict compliance in accordance with Subsection D(4).
(16) 
Erosion control, groundwater recharge and runoff quantity standards.
(a) 
Erosion control. The minimum design and performance standards for soil erosion control are as follows:
[1] 
The minimum design and performance standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. and implementing rules.
[2] 
Soil erosion and sediment controls shall be required for all development. For development not covered under this section, soil erosion and sediment control shall be at the direction of the Director of Community Development.
(b) 
Groundwater recharge. The minimum design and performance standards for groundwater recharge for all development are as follows:
[1] 
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:
[a] 
Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual preconstruction groundwater recharge volume for the site; or
[b] 
Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from preconstruction to postconstruction for the two-year storm is infiltrated.
[2] 
This groundwater recharge requirement does not apply to the following projects:
[a] 
Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with a Department-approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and
[b] 
Industrial stormwater exposed to source material. "Source material" means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.
[c] 
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area."
[3] 
The design engineer shall assess the hydraulic impact on the groundwater table and design the site so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high-water table so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems and other subsurface structures in the vicinity or downgradient of the groundwater recharge area.
[4] 
The design of all proposed infiltration measures shall be based on on-site boring logs or soil pit profiles as witnessed by the Borough Engineer. The number and location of required soil borings or soil pits shall be reviewed by the Borough Engineer and should be based on the suitability and distribution of soils present at the location of the proposed infiltration measure. The results of all soil borings, including the location of the boring and all elevation data, shall be included in a separate soils report or included on the project plans.
(c) 
Runoff quantity standards. In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection E, complete one of the following:
[1] 
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, postconstruction runoff hydrographs for the two-, ten-, and 100-year storm events do not exceed, at any point in time, the preconstruction runoff hydrographs for the same storm events;
[2] 
Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the preconstruction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten-, and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;
[3] 
Design stormwater management measures so that the postconstruction peak runoff rates for the two-, ten-, and 100-year storm events are 50%, 75%, and 80%, respectively, of the preconstruction peak runoff rates. The percentages apply only to the postconstruction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed.
[4] 
In tidal flood hazard areas, or as directed by the Director of Community Development, stormwater runoff quantity analysis in accordance with Subsection D(16)(c)[3] above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
(d) 
The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.
(17) 
Stormwater runoff quality standards. This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of 1/4 acre or more of regulated motor vehicle surface.
(a) 
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:
[1] 
Eighty percent TSS removal of the anticipated load, expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.
[2] 
If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.
(b) 
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection D(17)(a)[2] above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(c) 
The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 4, below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.
Table 4
Water Quality Design Storm Distribution
Time
(minutes)
Cumulative Rainfall
(inches)
Time
(minutes)
Cumulative Rainfall
(inches)
Time
(minutes)
Cumulative Rainfall
(inches)
1
0.00166
41
0.1728
81
1.0906
2
0.00332
42
0.1796
82
1.0972
3
0.00498
43
0.1864
83
1.1038
4
0.00664
44
0.1932
84
1.1104
5
0.00830
45
0.2000
85
1.1170
6
0.00996
46
0.2117
86
1.1236
7
0.01162
47
0.2233
87
1.1302
8
0.01328
48
0.2350
88
1.1368
9
0.01494
49
0.2466
89
1.1434
10
0.01660
50
0.2583
90
1.1500
11
0.01828
51
0.2783
91
1.1550
12
0.01996
52
0.2983
92
1.1600
13
0.02164
53
0.3183
93
1.1650
14
0.02332
54
0.3383
94
1.1700
15
0.02500
55
0.3583
95
1.1750
16
0.03000
56
0.4116
96
1.1800
17
0.03500
57
0.4650
97
1.1850
18
0.04000
58
0.5183
98
1.1900
19
0.04500
59
0.5717
99
1.1950
20
0.05000
60
0.6250
100
1.2000
21
0.05500
61
0.6783
101
1.2050
22
0.06000
62
0.7317
102
1.2100
23
0.06500
63
0.7850
103
1.2150
24
0.07000
64
0.8384
104
1.2200
25
0.07500
65
0.8917
105
1.2250
26
0.08000
66
0.9117
106
1.2267
27
0.08500
67
0.9317
107
1.2284
28
0.09000
68
0.9517
108
1.2300
29
0.09500
69
0.9717
109
1.2317
30
0.10000
70
0.9917
110
1.2334
31
0.10660
71
1.0034
111
1.2351
32
0.11320
72
1.0150
112
1.2367
33
0.11980
73
1.0267
113
1.2384
34
0.12640
74
1.0383
114
1.2400
35
0.13300
75
1.0500
115
1.2417
36
0.13960
76
1.0568
116
1.2434
37
0.14620
77
1.0636
117
1.2450
38
0.15280
78
1.0704
118
1.2467
39
0.15940
79
1.0772
119
1.2483
40
0.16600
80
1.0840
120
1.2500
(d) 
If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:
R = A + B - (AxB)/100
Where:
R
=
total TSS percent load removal from application of both BMPs
A
=
TSS percent removal rate applicable to the first BMP
B
=
TSS percent removal rate applicable to the second BMP
(e) 
If there is more than one on-site drainage area, the 80% TSS removal rate shall apply to each drainage area, unless the runoff from the subareas converge on site, in which case the removal rate can be demonstrated through a calculation using a weighted average.
(f) 
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection D(16) and (17).
(g) 
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.
(h) 
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.
(i) 
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13- 11.2(j)3.i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.
(j) 
This stormwater runoff quality standards do not apply to the construction of one individual single-family dwelling, provided that it is not part of a larger development or subdivision that has received preliminary or final site plan approval prior to December 3, 2018, and that the motor vehicle surfaces are made of permeable material(s) such as gravel, dirt, and/or shells.
E. 
Calculation of stormwater runoff and groundwater recharge.
(1) 
Stormwater runoff shall be calculated in accordance with the following:
(a) 
The design engineer shall calculate runoff using one of the following methods:
[1] 
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR- 55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf, or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
[2] 
The rational method for peak flow and the modified rational method for hydrograph computations. The rational and modified rational methods are described in "Appendix A-9 Modified Rational Method" in the Standards for Soil Erosion and Sediment Control in New Jersey, January 2014. This document is available from the State Soil Conservation Committee or any of the Soil Conservation Districts listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number for each Soil Conservation District is available from the State Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625. The document is also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
(b) 
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site is a wooded land use with good hydrologic condition, unless otherwise directed by the Borough Engineer. The term "runoff coefficient" applies to both the NRCS methodology and the rational and modified rational methods. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations, unless otherwise directed by the Borough Engineer. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(c) 
In computing preconstruction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce preconstruction stormwater runoff rates and volumes.
(d) 
In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 - Urban Hydrology for Small Watersheds and other methods may be employed.
(e) 
If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.
(2) 
Groundwater recharge may be calculated in accordance with the following:
(a) 
The New Jersey Geological Survey Report GSR-32 A Method for Evaluating Ground-Water Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf, or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
F. 
Sources for technical guidance.
(1) 
Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(a) 
Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3.
(b) 
Additional maintenance guidance is available on the Department's website at: https://www.njstormwater.org/maintenance_guidance.htm.
(2) 
Submissions required for review by the Department should be mailed to:
The Division of Water Quality, New Jersey Department of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
G. 
Solids and floatable materials control standards.
(1) 
Site design features identified under Subsection D(6) above, or alternative designs in accordance with Subsection D(7) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection G(1)(b) below.
(a) 
Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
[1] 
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or
[2] 
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inch across the smallest dimension.
[a] 
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.
[3] 
For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.
(b) 
The standard in Subsection G(1)(a) above does not apply:
[1] 
Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than nine square inches;
[2] 
Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;
[3] 
Where flows from the water quality design storm as specified in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
[a] 
A rectangular space 4.625 inches long and 1.5 inches wide (this option does not apply for outfall netting facilities); or
[b] 
A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1].
[4] 
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the water quality design storm as specified in N.J.A.C. 7:8; or
[5] 
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
H. 
Safety standards for stormwater management basins.
(1) 
This subsection sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This subsection applies to any new stormwater management BMP.
(a) 
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection H(2)(a), (b) and (c) for trash racks, overflow grates, and escape provisions at outlet structures.
(2) 
Requirements for trash racks, overflow grates and escape provisions.
(a) 
A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management BMP to ensure proper functioning of the BMP outlets in accordance with the following:
[1] 
The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars.
[2] 
The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure.
[3] 
The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack.
[4] 
The trash rack shall be constructed and installed to be rigid, durable, and corrosion-resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.
(b) 
An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:
[1] 
The overflow grate shall be secured to the outlet structure but be removable for emergencies and maintenance.
[2] 
The overflow grate spacing shall be no less than two inches across the smallest dimension.
[3] 
The overflow grate shall be constructed and installed to be rigid, durable, and corrosion-resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.
(c) 
For purposes of this subsection, "escape provisions" means the permanent installation of ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMP. Stormwater management BMP shall include escape provisions as follows:
[1] 
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection H(3), a free-standing outlet structure may be exempted from this requirement;
[2] 
Safety ledges shall be constructed on the slopes of all new stormwater management BMP having a permanent pool of water deeper than 2 1/2 feet. Such safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See Subsection H(4) for an illustration of safety ledges in a stormwater management BMP; and
[3] 
In new stormwater management BMP, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.
(3) 
Variance or exemption from safety standards. A variance or exemption from the safety standards for stormwater management BMP may be granted only upon a written finding by the appropriate reviewing agency (municipality, county or Department) that the variance or exemption will not constitute a threat to public safety.
(4) 
Illustration of safety ledges in a new stormwater management basin.
135Elevationview.tif
I. 
Requirements for a site development stormwater plan.
(1) 
Submission of site development stormwater plan.
(a) 
Whenever an applicant seeks municipal approval of a development under Subsection D(1) or as directed by the Director of Community Development, the applicant shall submit all of the required components of the checklist for the Site Development Stormwater Plan at Subsection I(3).
(b) 
The applicant shall demonstrate that the project meets the standards set forth in this section.
(c) 
The applicant shall submit five copies of the materials listed in the checklist for the Site Development Stormwater Plan.
(2) 
Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the subdivision application, site plan review process, or zoning permit application by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the engineer retained by the Borough, the Planning Board and/or Zoning Board (as appropriate) to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.
(2.1) 
An applicant for approval of a stormwater development plan for a single- family house or duplex house not part of a major residential development (regulated by Residential Site Improvement Standards) is not required to submit a stormwater development plan for approval to the Haddonfield Planning Board (HPB) or the Haddonfield Zoning Board (HZB).
(3) 
Checklist requirements.
(a) 
The following information shall be required:
[1] 
Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map, as appropriate, may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.
[2] 
Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its environs. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.
[3] 
Project description and site plan(s). A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification of proposed changes in natural conditions may also be provided.
[4] 
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections D, E and F are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
[5] 
Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
[a] 
Total area to be paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.
[b] 
Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.
[6] 
Calculations.
[a] 
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post development conditions for the design storms specified in Subsection D of this section.
[b] 
When the proposed stormwater management control measures (e.g., infiltration basins) depend on the hydrologic properties of soils or require certain separation from the seasonal high-water table, then a soils report shall be submitted. The soils report shall be based on on-site boring logs, soil pit profiles, test pits and in situ infiltration testing using double ring infiltrometer, or approved equal, witnessed by the Borough Engineer's office. The number and location of required sol boring or soil pits shall be determined based on what in needed to determine the suitability and distribution of soils present at the location of the control measure.
[7] 
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J.
(b) 
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the Borough Engineer, waive submission of any of the requirements in Subsection I(3) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
J. 
Maintenance and repair.
(1) 
Applicability. This requirement, unless otherwise directed by the Director of Community Development, shall apply to all major development and any development that includes the installation of a stormwater maintenance system, including single-family homes that have been directed to install a stormwater maintenance system by the Director of Community Development.
(2) 
General maintenance.
(a) 
The applicant's/developer's design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a development.
(b) 
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics. A sample maintenance plan is included at the end of this section. Additional maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual. If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's agreement to assume this responsibility or of the developer's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.
(c) 
Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required. A two-year maintenance guarantee in accordance with N.J.S.A. 40:55D-53 shall be provided at the direction of the Director of Community Development.
(d) 
If the person responsible for maintenance is not a public agency, the maintenance plan and any future revisions shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken. A copy of the revised filed deed shall be provided to the Director of Community Development.
(e) 
Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.), of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of non-vegetated linings.
(f) 
The person responsible for maintenance shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection J(2) and J(2)(f), (g), (h).
(g) 
The person responsible for maintenance shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
(h) 
The person responsible for maintenance shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.
[1] 
The person responsible for maintenance shall provide to the Director of Community Development on a biennial basis a certification which states that all maintenance has been conducted per the system maintenance plan and that the system is operating as designed or within acceptable tolerances as described within the design report and/or maintenance plan. This biennial report shall be due by March 1 of the required year. The first report shall be due two years after the system has passed installation inspection.
(i) 
The requirements of Subsection J(2)(b) and (c) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
(j) 
In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or county may immediately proceed to do so and shall bill the cost thereof to the responsible person.
(3) 
Nothing in this subsection shall preclude the municipality in which the development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
K. 
Penalties. Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the penalties specified in Article XV of Chapter 135 of the Code of the Borough of Haddonfield.
L. 
Fees. All fees to review applications required by this section shall be in accordance with Article XIII of Chapter 135 of the Code of the Borough of Haddonfield.
Where development is traversed by a watercourse, drainageway channel or stream, or where it is desirable to preserve other areas within the property because of soil conditions, rock outcropping, tree masses, wildlife habitat, vistas or other significant horticultural, environmental or natural features, there shall be provided a drainage and/or conservation easement of sufficient area and width to protect and preserve the aforementioned features. The extent of such easements shall be determined by the Environmental Commission and the easements shall be deeded to the Borough prior to final subdivision approval and carry the following limitations:
A. 
No trees or shrubs shall be removed or disturbed on lands in the easement except in accordance with approved land management practice; and
B. 
No topsoil, sand, gravel or minerals shall be excavated or removed, except as may be required to build a pond, and then only if the Borough approves the design and structure of the pond, it being the intent to preserve the natural function of the floodplain; and
C. 
No buildings of any description shall be erected; and
D. 
No fill of any kind shall be permitted, except as may be required to build a road, and then only after the Borough approves the design.
[Added 7-10-2007 by Ord. No. 2007-20]
A. 
Statement of purpose.
(1) 
It is the express purpose of this section to provide special qualitative and quantitative development controls for all lands located within the Borough that have present within their boundaries topographical conditions, hereinafter defined as "steep slopes."
(2) 
These special development controls are provided in recognition of the potentially negative impacts of construction in steep slope areas in the form of erosion, siltation, excessive removal of vegetation and soil, flooding, soil slippage, water runoff and destruction of unique land forms and scenic vistas. It is further the purpose of this section to encourage good land use planning and design, maximize optimal use of the natural terrain and maintain ridgelines and scenic vistas intact.
(3) 
Effective and reasonable application of these regulations will protect the health, safety and welfare of the citizens of the Borough, as well as limit the adverse impact on adjoining and/or downstream properties.
(4) 
This chapter is further promulgated to provide a functional land use design and control mechanism that will augment the basic land use controls of this chapter and the administrative implementation devices contained within the Land Development Ordinance.
B. 
Applicability. The requirements, guidelines and controls promulgated under this chapter shall be applicable to all properties within all zone districts situated in the Borough in their existing physical state or condition as of the date of the passage of this chapter.
C. 
Definition. A steep slope is defined as an area of land where the slope exceeds 15%. Determination of slope shall be by measurement of run perpendicular to the contours from the top of the slope to the bottom of the slope for a minimum horizontal interval of 100 feet.
D. 
Permitted uses.
(1) 
For slopes less than 15%, all activities are permitted; however, they will be subject to approval of an individual lot grading plan in accordance with § 135-93.1E of this chapter.
(2) 
Public parks and outdoor recreation uses shall be permitted as long as all applicable requirements of the Camden County Soil Conservation Service are implemented and maintained as necessary.
(3) 
Any public or private soil stabilization or soil erosion project that has been reviewed and approved by the Borough Engineer and all other local, state and federal agencies.
(4) 
Home gardening and landscaping uses when conducted in conformance with conservation practices that ensure sufficient protection against soil erosion.
(5) 
Buildings and other structures may be constructed in accordance with the requirements of this section; however, in no case shall a new building and/or structure be constructed within 25 feet of a slope greater than 30%. This provision shall not apply in the event any existing building or structure that is located within 25 feet of a slope greater than 30% is damaged or destroyed in whole or part by fire, casualty or other force majeure.
E. 
Steep slope protection shall comply with all the requirements of § 135-93.2.
[Amended 5-14-2019 by Ord. No. 2019-05; 6-25-2019 by Ord. No. 2019-13]
[Added 6-25-2019 by Ord. No. 2019-13[1]]
A. 
For all lots with proposed disturbances, an individual lot grading plan shall be approved by the Borough Engineer prior to the issuance of a building permit. All lot grading plans shall be prepared by an appropriate professional and shall include, but not be limited to, the following:
(1) 
Existing and proposed contours on the property and within 25 feet of all property lines.
(2) 
Limit of soil disturbance.
(3) 
Appropriate construction details.
(4) 
Soil erosion, sedimentation control measures and drainage calculations.
(5) 
Where required by the Community Development Director, existing and proposed stormwater control measures.
B. 
The design standards for lot grading plans shall be pursuant to the following standards:
(1) 
No soil shall be excavated, removed, deposited or disturbed except as a result of and in accordance with a lot grading plan approved under the terms of this chapter.
(2) 
Proposed disturbance of soil shall be minimized, for purposes consistent with the intent of this chapter, and it shall be executed in a manner that will not cause erosion or other unstable conditions.
(3) 
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 Borough 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 Planning Board or Borough approval) or adversely change the manner in which it drains.
[Amended 3-9-2021 by Ord. No. 2021-03]
(4) 
Provision shall be made for any structure or protective measures that proposed slopes may require for the protection of the public safety, including but not limited to retaining walls, guide rails, headwalls and fences.
(5) 
Any proposed building or structure or attendant protective measures will not impede the flow of surface water through any watercourse. Only a nominal increase in water surface elevation and velocities will be allowed due to construction.
(6) 
Any proposed vehicular facilities, including roads, drives or parking areas, shall be so designed that any land disturbances shall not cause excessive erosion. Both the vertical and horizontal alignment of vehicular facilities shall be so designed that hazardous circulation conditions will not be created.
(7) 
Final grades of the proposed driveway shall not exceed 10% without approval by the Borough Engineer.
(8) 
Any fill placed on the lot shall be properly stabilized and, when found necessary depending upon existing slopes and soil types, supported by retaining walls or other appropriate structures as approved by the Borough Engineer.
(9) 
All cuts shall be supported by retaining walls or other appropriate retaining structures when, depending upon the nature of the soil characteristics, such structures are found necessary by the Borough Engineer in order to prevent erosion.
(10) 
There shall be no alternation of site elevations within five feet of an adjoining property without approval of the Community Development Director.
(11) 
Changes in grade shall not exceed a slope of three to one unless supported by retaining walls.
(12) 
No retaining wall on a residential site shall exceed four feet in height, and there shall be at least 10 feet between stepped retaining walls. All retaining walls greater than four feet in height require a certification by a professional engineer that the wall was constructed in accordance with approved plans.
C. 
For all lot grading plans submitted to and approved by the Borough Engineer, an as-built plan shall also be submitted for final review and approval by the Borough Engineer or Community Development Director.
D. 
The fee for submission of the grading plan shall be $50. The escrow amount for review and inspection of the grading plan shall be $1,500.
E. 
Exemptions:
(1) 
The Zoning Official or Construction Official shall have the right to waive the requirements of §§ 135-93.1 and 135-93.2 only based on the description of work.
[1]
Editor's Note: This ordinance also provided for the redesignation of former § 135-92.2 as § 135-92.3.
[Added 5-9-2017 by Ord. No. 2017-06; amended 5-14-2019 by Ord. No. 2019-05]
No grading shall be undertaken within five feet of adjoining property lines unless said grading materially improves stormwater management or is necessary to alleviate a potential safety problem. Grading for driveways that otherwise meet the requirements of § 135-26B(6) may be located within five feet of adjoining property lines if the off-site stormwater impact does not increase as a result of the grading.
[Added 6-25-2019 by Ord. No. 2019-13]
As part of any approval for a construction permit or a bulk variance for development of any new construction or expansion of any existing dwelling or structure, an applicant shall submit to the Construction Official an as-built survey of the property prepared by a New Jersey licensed engineer, showing setbacks for all structures to property lines and the overall height of all buildings on the lot. The as-built survey shall be submitted and approved prior to the issuance of any certificate of occupancy for new construction or expansion of existing structures.