Township of Lopatcong, NJ Design Guidelines

Proposed land uses shall conform to the Zoning Map of the Township of Lopatcong, the Master Plan, the Official Map and the provisions of this chapter.

Land reserved from subdivision shall be a useful dimension for development in the future in accordance with current zoning.

Subdivision designs shall indicate consideration for suitable protection of different types of land uses and the segregation of vehicular and pedestrian traffic incompatible with particular uses.

Desirable sites shall be provided for public and semipublic land uses, such as schools, firehouses, recreation sites and other community uses as provided in N.J.S.A. 40:55D-44.

Street and highway standards. All streets, curbs and sidewalks in residential developments shall be designed and constructed in accordance with the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1 et seq., as amended.

[Amended 3-1-2006 by Ord. No. 2006-4]

The street and highway layout shall conform to the Master Plan and the Official Map and shall provide appropriately located street taps or stub streets to adjacent areas.

Where a higher level of government requires a wider street, that standard shall be met. Otherwise, the following shall be minimum widths:

Street Class	Right of-Way (feet)	Maximum Average Daily Traffic Volume	Width (feet)
Major collector	60	Above 8,000	40
Minor collector	60	800 to 8,000	36
Local	50	Less than 800	30
Alley		Not permitted

The street pattern within a subdivision shall be orderly.

Local streets shall be laid out so that their use by through traffic will be discouraged. Particular attention should be given to eliminating possible bypassess around traffic signals and major intersections.

Block dimensions.

Maximum length shall be 2,000 feet.

Minimum width shall relate to the zoning district requirements for lot sizes and yards and generally shall provide for two tiers of lots.

Special attention shall be given to blocks in industrial and business districts to provide for access to the lots and for parking and truck delivery.

Culs-de-sac.

Maximum length shall be 1,500 feet or adequate to accommodate 25 lots, whichever is less.

Minimum radius for the right-of-way at the turnaround shall be 50 feet, and the outside curb radius shall be 40 feet at a minimum.

[Amended 3-1-2006 by Ord. No. 2006-4]

Culs-de-sac shall be placed at the end of all stub or otherwise dead-end streets, whether or not the street is to be extended as part of a future subdivision or section thereof.

Where a cul-de-sac is of a temporary nature, provision shall be made for future extensions of the street and reversion of the excess right-of-way to the adjoining properties.

Intersections.

No more than two streets shall intersect or meet at any one point.

No street shall intersect or meet at an angle of less than 75° or more than 105°.

The center lines of all streets entering an intersection shall pass through a single point.

Intersections on local and minor collector streets shall be spaced a minimum of 200 feet apart, measured from the points of intersection of the center lines.

Intersections on other than local and minor collector streets shall be spaced a minimum of 800 feet apart, measured from the points of intersection of the center lines.

Preservation of natural environment.

Development design shall preserve, insofar as is possible, the natural terrain and natural drainage lines.

A conscious effort shall be made to preserve all worthwhile trees and shrubs which exist on a site. Forested areas shall be preserved and the natural ground cover associated with the forests shall be retained in its natural state to ensure that leaf litter and other beneficial aspects of the forest are maintained in addition to the trees. Such features may well be suggested for park or playground areas. On individual lots or parcels, care shall be taken to preserve selected trees to enhance the landscape treatment of the development.

[Amended 3-1-2006 by Ord. No. 2006-4]

Natural fertility of the soil shall be preserved by disturbing it as little as possible.

Open watercourses shall be recognized as community assets. Site design may well be enhanced by featuring streams and brooks.

No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the tract and shall be stabilized by seeding or planting.

Natural features shall be preserved to the maximum extent feasible on all lots and development sites. The Board may require that natural features be protected by placing them within a conservation easement or by a deed restriction.

[Added 3-1-2006 by Ord. No. 2006-4]

Additional standards.

Where the property to be developed is next to or includes a railroad right-of-way, suitable provisions shall be made for such things as road crossings, screening and freight access, in recognition of the relationship between the railroad and the development.

Land subject to periodic or occasional flooding shall not be platted for residential occupancy nor for any other use which may endanger life or property or aggravate the flood hazard.

No development showing reserved strips controlling access to streets shall be approved, except where the control and disposal of land comprising such strips has been placed in the governing body under conditions approved by the Planning Board.

Developments that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map or the street width requirements of this chapter shall dedicate additional width along either one or both sides of the street. If the development is along one side only, 1/2 of the required extra width shall be required to be dedicated.

Developers should refer to Chapter 199, Stormwater Management, to determine if the design and performance standards contained in that chapter are applicable to the proposed development.

[Added 3-1-2006 by Ord. No. 2006-4]

Proposed landscaping, including revegetation of disturbed areas, shall consist of native plants to the maximum extent feasible. At a minimum, 80% of all proposed trees, shrubs, grasses and other ground covers shall be native varieties.

[Added 3-1-2006 by Ord. No. 2006-4]

Any application to the Planning Board of the municipality of Lopatcong for subdivision or site plan approval for the construction of multifamily dwellings of three or more units, single-family developments of 50 or more units or any commercial, institutional, or industrial development for the utilization of 1,000 square feet or more of land, must include a recycling plan as required by Chapter 169.

[Added 8-5-2009 by Ord. No. 2009-07]

Utility services.

Standards and procedure.

All gas and water mains and all streetlights and lighting standards shall be installed in accordance with the specifications of the lighting agency, utility company or governmental authority or district which has jurisdiction in the area.

Electric light and telephone wires and all other utilities shall be underground.

A letter approving such a proposed installation and a statement as to who will carry out the construction, signed by a responsible official of the utility agency, utility company or governmental authority or district which has jurisdiction in the area, shall be directed to the administrative office and shall be received prior to preliminary approval.

Every lot created shall be proposed to be served by public water supply and sewerage disposal systems or alternate capable of meeting all local, county and state specifications and standards; provided, however, that securance of necessary permits, approvals and/or clearances shall be the responsibility of the applicant, and approval shall convey the approval regarding utility systems proposed by the applicant. Lack of such approval may, however, be grounds for disapproval of the application.

General rules for street names.

AVENUE, BOULEVARD, DRIVE or ROAD

Definitions of streets. As used in this section, the following terms shall have the meanings indicated:

A collector or arterial street.

COURT, CRESCENT or TERRACE

A loop street which begins and ends on the same street and is not otherwise connected with other streets or a cul-de-sac.

LANE, PATH, STREET or WAY

A short minor residential street which does not serve as a secondary highway or major street.

PLACE

A street one block long, or a connecting link between two longer streets, and not otherwise a segment of their alignment.

Continuation of street names. All existing street names shall be extended where proposed streets follow along their alignment.

Historic or traditional street names. Such names shall be preserved even though the actual street alignment has been changed or the name does not agree with the provisions of this section.

Duplication of street names. There shall be no duplicate street names within the Township.

§ 243-46 Improvement design standards.

The following improvements will be required except where this chapter specifically waives the requirement or when the Planning Board waives the requirement by specific resolution in conjunction with hardship, peculiar situations or special development provisions, such as cluster single-family development:

Paved streets.

Curbs and gutters.

Sidewalks.

Water mains and fire hydrants.

Sanitary waste disposal.

Storm drainage.

Street signs.

Streetlighting.

Street and shade trees.

Street design standards. The following minimum standards shall be required for all streets other than county or state roads and highways constructed in Lopatcong Township. All streets, curbs and sidewalks in residential developments shall be designed and constructed in accordance with the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1 et seq., as amended.

[Amended 3-1-2006 by Ord. No. 2006-4]

Horizontal alignment shall have:

	Street Class
Design Standard	Major Collector (feet)	Minor Collector (feet)	Local (feet)
Minimum center line radius	600	500	300
Minimum tangent between reverse curves	200	160	120
Intersection radius (curb returns)	40	30	25

Minimum intersection radius shall be determined by the highest street class in the intersection, and the right-of-way line shall be concentric thereto.

Vertical alignment.

Vertical alignment shall have:

A minimum grade of 0.5%.

A maximum grade of 6%; 8% on local streets.

A maximum grade for less than 200 feet of 10%.

A maximum grade within 100 feet (measured from the near side of the curb) of an intersection of 4%.

All changes in grade shall be connected by vertical curves.

The length (L) in feet of a vertical curve shall be related to the algebraic difference in the percent of the grade (A) and a constant according to the following formula:

L= KA
The minimum K values shall be as follows:

Street Class	Crest Curve	Sag Curve
Major collector	145	100
Minor collector	65	60
Local	28	35
Intersection (stop condition)	3	3

Stopping sight distances shall be at least:

Street Class	Sight Distances (feet)
Major collector	350
Minor collector	275
Local	200

The street pattern shall conform to the provisions below.

In regulating development, these provisions shall be considered the minimum requirements generally consistent with the public welfare, and the Board, in consultation with the Township Engineer, shall modify or extend these provisions in appropriate cases as may be deemed necessary for the public good. Modifications to these standards shall be based on A Policy on Design of Urban Highways and Arterial Streets, latest edition, published by the American Association of State Highway Officials, or other published basis.

Standards for all other roads shall be determined by the appropriate authorities.

Required curbing and construction types for street improvements. Curbing and construction types for street improvements shall be in accordance with the following requirements:

Pavement construction shall conform to Chapter 203, Streets and Sidewalks, of the Lopatcong Township Code.

Curb construction shall conform to Chapter 203, Streets and Sidewalks, of the Lopatcong Township Code.

These provisions shall be considered minimum requirements generally consistent with the public welfare, and the Township Engineer shall modify or extend these provisions in appropriate cases as may be deemed necessary for the public good.

General street improvements.

Driveway aprons.

All driveways or other parking areas shall have driveway aprons extending from the curbline to the front property line.

Driveway aprons shall be of concrete having a thickness of six inches where sidewalks are required or of six inches of bituminous concrete where no sidewalks are required and shall have widths as follows:

		Width
Use		Minimum (feet)	Maximum (feet)
Residential
	Single driveway	8	20
	Double driveway	16	20
Other uses		25	40

Driveway construction shall conform with Chapter 105, Driveways, of the Lopatcong Township Code.

Sidewalks.

All sidewalks shall be four inches thick and at least four feet wide, constructed of one course of concrete, except that a sidewalk forming part of a driveway apron shall be six inches thick at grade with abutting sidewalks and of the same construction material as abutting sidewalks.

All sidewalks shall be located one foot within the street right-of-way.

Street signs. Street signs shall be provided by the subdivider conforming to current Township standards.

Street trees.

Street trees shall be provided in all subdivisions.

Trees shall be of nursery stock of an approved species, grown under the same climatic conditions as at the location of the development. They shall be of symmetrical growth, free of insect pests and disease, suitable for street use and durable under the maintenance contemplated.

The average trunk diameter measured at a height of six feet above the finished grade level shall be a minimum of two to three inches, depending on good practice with reference to the particular species to be planted.

Trees shall be planted at intervals of from 40 to 60 feet apart (depending upon the species) along both sides of the street and at least 1.5 feet from any sidewalk, curb, gutter or other right-of-way improvement as provided for in this regulation, whether such improvement is proposed to be built or not.

All planting shall be done in conformance with good nursery and landscape practice.

Planting strips. All planting strips within street rights-of-way shall be finish-graded, properly prepared and seeded or sodded with lawn grass in conformance with good nursery and landscape practice.

Shade trees.

Shade trees shall be provided in all subdivisions.

Trees shall be of nursery stock of an approved species grown under the same climatic conditions as at the location of the development. They shall be of symmetrical growth, free of insect pests and disease, suitable for residential use and durable under the maintenance contemplated.

The average trunk diameter measured at the height of six feet above the finished grade level shall be a minimum of one to two inches, depending on good practice with reference to the particular species to be planted.

Trees shall be planted on each residential lot at the rate of one tree for each 5,000 square feet of lot area or recreation space, provided that this requirement may be reduced by the number of existing trees retained in good condition on the lot, except that trees within tree rows along the periphery of the lots or tract shall not be included in this determination.

Monuments shall be provided as described in the Map Filing Law[1] and indicated on the final plat. The top of the monument shall be flush with the final grade.

Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

(8)

Plants used for street trees, planting strips and shade trees shall be native varieties that are appropriate for the given soil conditions, hydrology and geology unless it can be demonstrated that non-native plants would be more appropriate. The foregoing notwithstanding, native plants shall comprise a minimum of 80% of all plants used to landscape streets, lots and planting strips.

[Added 3-1-2006 by Ord. No. 2006-4]

Utility installations.

Sanitary sewers.

Sanitary sewers shall be designed in accordance with the current regulations of the New Jersey Department of Environmental Protection and the current construction standards of the Township of Lopatcong.

Dry sanitary sewers shall be installed in all developments not connected to a sanitary sewer system where sewer service is anticipated within a reasonable time.

All sanitary sewers shall meet the exfiltration standards of the Township.

Water mains and fire hydrants.

Water mains shall meet the requirements of the water operating utility except as provided below.

Developments not served by public water shall provide installation of sleeves and whatever else is necessary to prevent opening of the street at such time as water lines are installed.

Developments served by semipublic or private water companies shall have a minimum main size of eight inches in diameter, except dead-end lines which may be six inches in diameter.

Fire hydrants shall be located as follows:

Within 500 feet of all structures.

At the end of all dead-end lines.

Streetlighting shall be guided by the following minimum requirements:

Street Class	Minimum Average Maintained Footcandles	Uniformity (average to minimum)
Major collector	0.5	6:1
Minor collector	0.3	—
Local	0.2	—

Other utilities shall be designed to meet the requirements of the operating utility but shall be designed to be serviced for repair or additional installation without disruption to streets.

Drainage system design standards. Drainage systems in residential developments shall be designed and constructed in accordance with the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1 et seq., as amended.

[Amended 3-1-2006 by Ord. No. 2006-4]

Grading and drainage system plan.

Grading and drainage system plans shall be a part of the preliminary plat. They shall indicate the method for an adequate system of drainage structures to carry off and store or discharge the stormwater runoff and natural drainage water which originates not only within the property boundaries but also that which originates beyond the property boundaries, perpetuating existing drainage patterns.

The public improvement and utilities plan and profiles shall show the final drainage plan, site grading and street profiles.

No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands without proper and approved provisions being made for taking care of these conditions. Watersheds with drainage areas over 1/2 square mile come under the jurisdiction of the New Jersey Department of Environmental Protection. Approval of this agency must be for any culvert or bridge crossing falling into this category. Copies of any correspondence with the Department of Environmental Protection shall be supplied to the Township Engineer.

Collection system.

The quantities of water for which the collection system shall be designed shall be in accordance with the Rational Method of design using the following formula:

Q = CIA
Where:

"Q" is the required capacity in cubic feet per second for the collection system at the point of design.

"A" is the tributary drainage area in acres and shall include areas tributary from outside sources, as well as from within the site itself.

"C" is the coefficient of runoff applicable to the area and shall be based on consideration of soil conditions, average slope of the drainage area and degree of ultimate development of the area, but in no case shall be less than the following coefficients:

			Topography
Usage		Density (units per acre)	Flat (0% to 10%)	Rolling (10% to 20%)	Hilly (over 20%)
Residential:
	High density	4 to 6	0.50(0.40)	0.55(0.45)	0.60(0.55)
	Medium density	1 to 4	0.45(0.35)	0.50(0.40)	0.55(0.50)
	Low density	Less than 1	0.40(0.30)	0.45(0.35)	0.50(0.45)
Impervious surfaces		—	0.90	0.90	0.90
Undeveloped woodland		—	0.30(0.20)	0.35(0.25)	0.50(0.45)
Pasture and grassed areas		—	0.30(0.20)	0.36(0.20)	0.42(0.37)
Cultivated fields		—	0.50(0.50)	0.60(0.50)	0.72(0.62)

The above runoff coefficients assume that clay soils (sand gravel soils coefficients indicated in parenthesis) are present and that paved areas (parking) have been provided, and any deviation from these factors would result in an adjustment in C values. Determination of nonlisted uses shall be a subject of special study and approved by the Township Engineer.

"I" is the rainfall intensity in inches per hour and shall be determined from the graph entitled "Rainfall Intensity Duration for Essex and Union Counties," copies of which are on file with the Township Clerk and is made a part hereof. The following intensities shall be used to determine "Q":

Systems carrying roadway drainage: 10 years.

Crosspipes or culverts carrying runoff from one side of the roadway to the other: 25 years; tributary areas over 20 acres: 50 years.

At low points and cuts from which water cannot escape without overflowing the roadway: 25 years.

The minimum time of concentration shall be 10 minutes.

Pipes or conduits shall be designed using Manning's equation for velocity:

Where:

"R" is the hydraulic radius of the conduit flowing full.

"n" is Manning's roughness coefficient which shall be as follows:

Type of Material		n Value
Concrete pipe		0.012
Corrugated metal, two-and-two-thirds-inches-by-one-half-inch corrugations
	Plain or fully coated	0.024
	Paved invert	0.020
	Fully paved	0.012
Three-inches-by-one-inch corrugation		0.027
Six-inches-by-two-inches corrugation (field bolted)		0.032

"n" for other materials shall be as recommended by the Township Engineer.

"S" is the slope of the energy gradient in feet per foot and shall generally be considered as being the same as the slope of the invert of the pipe (So); however, such slopes shall be checked against the available hydraulic gradient whenever the system flows full or where the system discharges into a body of water.

Velocity.

Wherever possible to ensure a self-cleansing velocity, pipes shall be placed on grades that will provide a minimum velocity of three feet per second when flowing 1/4 full. The following table indicates minimum grades to accomplish this:

Desirable Minimum Gradients for Concrete Pipe
Diameter (inches)	Slope n = 0.012
15 (minimum permissible)	0.008
18	0.006
24	0.005
30	0.004
36	0.003
42	0.002
48	0.0016
54	0.0014
60	0.0012
66	0.0011

Where steep grades are encountered, full-flow velocities over 15 feet per second should be avoided by the use of drop manholes or inlets in the line.

Alignment.

Manholes or inlets shall be provided in drain lines not more than 350 feet apart and wherever branches are connected or sizes are changed and wherever there is a change in alignment or grade.

Alignment of pipes shall be in a straight line between manholes or inlets, except that radius pipe may be used in pipes over 60 inches in diameter, provided that a manhole or inlet is incorporated at not more than five-hundred-foot intervals.

Inlet spacing and headwalls.

Inlet spacing shall be such as to permit a spread of water to the edge of the traveled way, edge of shoulder for rural roads or edge of parking lane (eight feet maximum) for urban roads during a storm with an intensity of three inches per hour. Inlet spacing may vary up to 350 feet, depending on the contributory drainage area and the longitudinal and cross slopes of the roadway. Inlets at intersections shall be located to intercept water before it crosses the intersection or crosswalk area, and inlets shall not be placed in the crosswalk area. Pairs of inlets shall be placed at low points.

Inlets intercepting swales or in parking areas shall be designed such that not more than six inches (three inches in parking areas) shall pond over an inlet during a storm with an intensity of three inches per hour.

Pipelines starting or ending in ditches, streams or other bodies of water shall terminate with either a headwall or a flared end section. Riprap or other suitable material shall be provided to prevent erosion.

Open channel flow. Where brooks, ditches, swales or other channel flows are used, they shall be designed by the use of Manning's equation as indicated for collection systems above, with the following considerations:

The friction factor ("n") shall be:

Unlined		Friction Factor
Earth, uniform section		0.018 to 0.027
Earth, nonuniform section		0.025 to 0.040
Earth not maintained		0.080 to 0.012
Lined		Friction Factor
Concrete
	Finished	0.015
	Rough	0.25
	Riprap	0.35

Design velocities should be limited to a nonerosive velocity and shall be determined based on an analysis of the soil conditions, but in any case shall not exceed the following:

Materials	Velocity (feet per second)
Fine sand to fine loam	2.5 to 3.5
Stiff clay to hardpan	3.75 to 6.00
Concrete-lined ditch	15

Velocities shall be controlled by use of check dams or baffles where necessary.

A ditch or brook right-of-way of sufficient minimum width to include a ten-foot access strip, in addition to the width of the ditch or brook from bank top to bank top, shall be offered for dedication to the Township for drainage purposes. Such right-of-way shall be shown on the drainage plan and on the final plat.

Swales shall be provided in residential areas so that an area not in excess of the minimum lot area in the subdivision shall drain without being intercepted. This requirement may be varied for wooded sites or pervious soils.

Swales shall be provided in other areas so that not less than one impervious acre shall drain without being intercepted.

(f)

Jute mesh slope protection shall be used in swales or grassed ditches on gradients exceeding 3%. Paved ditches shall be used where these gradients exceed 10% and significant discharge is expected.

(g)

Side slopes for a drainageway shall be as follows:

Facility	Maximum Side Slope
Channel	2:1
Ditch	4:1
Swale	6:1

Minimum cover and structural considerations.

All pipe shall be concrete unless specific unique design considerations exist for the use of other types of materials and then only with the approval of the Township Engineer.

Minimum cover for reinforced concrete pipe shall be based upon a depth of cover of two feet from the top of the pavement to the top of the pipe.

Minimum cover for corrugated metal pipe shall be based upon a depth of cover of one foot from the top of the pipe to the top of the pavement or upon manufacturer's recommendations, whichever is greater.

Maximum cover for pipe shall be based on rational analysis through use of Marston's formula. For reference, see the booklet "Reinforced Concrete Pipe Culverts," issued by the United States Department of Commerce and manufacturer's recommendations for flexible pipe.

Standard strength reinforced concrete pipe shall conform to Class 3, Wall B, and extra-strength, reinforced-concrete pipe shall conform to Class 4, Wall B, of ASTM Specifications C-76 of AASHO Designation M-170. Strengths for corrugated metal pipe shall be as required by the New Jersey State Highway Department Standard Specifications, current edition and amendments.

(f)

Box culverts shall be designed in accordance with American Association of State Highway Officials recommendations.

Design criteria not covered herein.

Criteria not incorporated herein necessary for design shall be based on recommendation incorporated with Hydraulic Engineering Series circulars published by the Federal Highway Administration and ASCE publication, current edition, and as approved by the Township Engineer.

Design methods prepared by the Soil Conservation Service may be used for drainage design with the approval of the Township Engineer.

Surface water drainage. Special attention shall be given to proper sites for stormwater detention and surface drainage so that surface water will not adversely affect neighboring properties or existing public and private drainage systems. The rate and velocity of runoff from the site following the completion of development shall be in accordance with Chapter 199 of the Code of the Township of Lopatcong, entitled "Stormwater Management Ordinance." If detention facilities or other stormwater management facilities are required to control the rate and velocity and runoff from a development, such facilities shall be sized in accordance with the provisions in § 199-8A(1) of the Code of the Township of Lopatcong.

[Added 7-5-2001 by Ord. No. 2001-22]

Construction of improvements. All work shall be done in conformance with the current construction standards of the Township of Lopatcong or, in lieu thereof, the current edition of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, 1983, with amendments and revisions thereto, and with the New Jersey Department of Transportation Standard Construction Details.

§ 243-47 General design considerations.

The following shall constitute the general design considerations for site plans which shall be adhered to by the applicant in preparation of site plans:

Preservation of landscape. Landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of the neighboring developed areas. Adequate shade trees shall be provided.

Relation of proposed buildings to environment. The proposed structures shall be related harmoniously to the landform (either natural or man-made) and to existing buildings in the vicinity that have a visual relationship to the proposed buildings. The achievement of such relationship may include the enclosure of space in conjunction with other buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features or other buildings.

Drives, parking and circulation. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of vehicular and pedestrian traffic and arrangement of parking areas that are safe and convenient and, insofar as practicable, do not detract from the design of proposed buildings and structures and the neighboring properties. Streets shall be of sufficient width and suitable grade and suitably located to accommodate prospective traffic and to provide access for fire-fighting and emergency equipment to buildings and coordinated so as to compose a convenient system consistent with the circulation element of the Master Plan.

Surface water drainage. Special attention shall be given to proper sites for stormwater detention and surface drainage so that surface water will not adversely affect neighboring properties or existing public and private drainage systems. The rate and velocity of runoff from the site following the completion of development and detention facilities or other stormwater management facilities that may be required to control the rate and velocity of runoff from a development shall be in accordance with Chapter 199, Stormwater Management, of the Code of Lopatcong Township. Drainage systems in residential developments shall be designed and constructed in accordance with the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1 et seq., as amended.

[Amended 7-5-2001 by Ord. No. 2001-22; 3-1-2006 by Ord. No. 2006-4]

Utility service. All electric, telephone, cable television and utility lines shall be underground. Adequate water supply, sewerage facilities and other utilities necessary for essential services to residents and occupants shall be provided.

Advertising features. The size, location, lighting and materials of all permanent signs and outdoor advertising structures or features shall not detract from the design of proposed buildings and structures and the surrounding properties.

Special features. Exposed storage tank areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures shall be subject to such setbacks and screen planting or other screening methods as shall reasonably be required to prevent their being incongruous with the existing and contemplated site design and the surrounding properties.

Open space. Open space and cluster residential development and planned developments shall be provided in accordance with the provisions of this chapter.

Application of design standards. The standards of review outlined above shall also apply to all accessory buildings, structures, freestanding signs and other site features.

[Added 8-5-2009 by Ord. No. 2009-07]

§ 243-48 Minimum design standards.

The following minimum design standards shall be required for all site improvements:

Public streets.

Improvement of the public street upon which the site fronts shall be required for the portion of the site to be developed. These improvements shall be as required by §§ 243-45 and 243-46 above.

Sight triangles shall be provided at the intersection of all driveways leading to and exiting from the site. These sight triangles shall be measured along the curbline of both the driveway and the intersecting street. The sight triangle shall be limited by a point measured 30 feet along the curbline of the driveway from the roadway curbline and a point on the intersecting roadway curbline which shall be located from the near curbline or the intersecting driveway in accordance with the following table:

Street Class	Minimum Sight Distance (feet)
Local	200
Minor collector	275
Major collector	350
Other	400

The sight triangles shall be clear of all obstructions from 20 inches above center line grade to a point 120 inches above the center line, except that utility poles and street trees shall be permitted, provided that they do not create a safety hazard. An easement dedication to the owner of the intersecting roadway incorporating the entire sight triangle within the site but outside the right-of-way line shall be made.

On-site improvements.

Site lighting.

Site lighting shall be provided in all areas accessible to the public in accordance with the following table:

Area		Average Maintained Footcandles
Parking lots
	Shopping centers	1.5 to 5
	Retail businesses	1.0 to 4.0
	Industrial	0.5 to 1.0
	Residential, multifamily	0.4 to 1.0
Access Driveways
	Shopping centers	2.0 to 3.0
	Retail businesses	1.0 to 3.0
	Industrial	1.0 to 3.0
Park areas and pedestrianways		0.4
Sidewalks		0.5
Intersections		2.0 to 5
Other areas		As determined by individual study

In general, the areas most frequently utilized shall be more intensely lit, with lighting levels decreasing as usage decreases.

All lighting shall be designed to meet the following minimum criteria:

[Amended 2-19-1992 by Ord. No. 1992-02]

All lighting from fixtures shall be cut off at property lines adjoining residential areas and zones.

Fixtures shall provide cutoff so that the lamp or refractor is not visible from adjoining roadways or residential areas.

Sky glow effects are prohibited.

Maximum desirable luminaire mounting heights shall be 30 feet.

[5]

A minimum uniformity ratio varying from 6:1 for the intensely lit areas to 10:1 for the remote areas. The uniformity ratio shall be the ratio of the average to minimum intensity.

Storm drainage. All site plans shall incorporate adequate storm drainage facilities. The facilities shall be designed in accordance with the standards established in § 243-46 and other applicable ordinances, except that in addition to the use of standard inlets as prescribed for use in municipal streets, inlet Type B-3 may be used. Developers are encouraged to use natural vegetated swales in lieu of inlets and pipes for storm drainage. Drainage systems in residential developments shall be designed and constructed in accordance with the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1 et seq., as amended.

[Amended 3-1-2006 by Ord. No. 2006-4]

Inlets in parking areas shall be spaced and sized to prevent a spread of water into the parking aisles during a storm with an intensity of three inches per hour. Inlets in driveways and roadways within parking areas shall be spaced and sized to provide a minimum of an eight-foot-wide lane for each design traveled lane during a storm with an intensity of three inches per hour.

Inlets shall be placed at the intersection of all parking lot driveways or roadways with all public roads if the volume of water entering the public roadway will create a violation of the roadway inlet spacing standard set forth in § 243-46.

Parking lot layout. Parking lots providing in excess of 50 parking spaces shall meet the following requirements:

Driveways shall be separated from parking stalls and aisles by raised curbed islands which shall be a minimum of six feet wide.

In every fifth row of parking, the opposing stalls shall be separated by raised curbed islands which shall be a minimum of six feet wide.

At least one tree shall be planted within each island required herein.

All islands required herein shall be landscaped. Proposed landscaping shall consist of native plants to the maximum extent feasible. At a minimum, 80% of all proposed trees, shrubs, grasses and other ground covers shall be native varieties.

[Amended 3-1-2006 by Ord. No. 2006-4]

In lieu of solid raised curbs along the perimeter of islands required herein, the developer may substitute with flush curbs and wheel stops or raised curbs with curb cuts or bollards to allow for stormwater runoff from the parking area to discharge into vegetated islands as sheet flow.

[Added 3-1-2006 by Ord. No. 2006-4]

Landscaping. In addition to the buffer zones required by this chapter and ornamental shrubbery to be placed on the site, shade trees shall be placed in conformance with the following:

Street trees as required by § 243-46 shall be placed along all adjoining public roadways.

Shade trees on the site shall be provided as required by §§ 243-49 and 243-62 in parking areas. At least 1/2 of these trees shall be planted in landscaped and curbed islands.

Pedestrian access. In parking areas in excess of 100 parking stalls, sidewalks shall be constructed along all driveways and roadways as necessary to accommodate pedestrian travel parallel to the flow of traffic thereon.

Fire protection. Notwithstanding the provision of fire codes and recommendations of fire personnel, the following shall apply:

On all sites in excess of 10,000 square feet of building area, fire aisles shall be provided adjacent to all exposures of buildings. No automobile parking shall be permitted between the fire aisle and the building, except that parcel pickup areas will be permitted, provided that the designated area does not exceed 1/3 of the frontage of an individual business establishment. Pedestrian walkways and truck loading zones will be permitted between the fire aisle and the buildings.

All fire aisles shall be a minimum of 30 feet wide.

No portion of a structure shall be more than 500 feet from a fire hydrant.

Grading. Grading shall be as required by the site construction. However, the following requirements shall be adhered to:

Driveways. Driveways and roadways shall not exceed a maximum grade of 6% and shall not exceed a grade of 4% within 100 feet of the side line of an intersecting street.

Parking areas. Parking areas shall be reasonably level but shall not exceed a maximum grade of 6% and shall be graded so that stormwater runs from aisles to parking stalls and does not cross drives or roadways in a concentrated flow.

Maximum earthen slopes. Slopes shall not exceed a ratio of 1 1/2 horizontal to one vertical unless a slope stability analysis indicates to the contrary, provided that slopes which are in excess of 2:1 shall be fenced at the top with a four-foot-high fence, and slopes greater than 2:1 but less than 3:1 shall have a fence or protective vegetative screen or guardrail. Slopes for earthen dams, embankments or berms associated with storm water management facilities shall not be more than 3 horizontal to 1 vertical.

[Amended 7-5-2001 by Ord. No. 2001-22]

All nonpaved areas shall be permanently stabilized to prevent erosion.

(8)

Other improvements shall be made in accordance with the standards set forth in §§ 243-45 and 243-46 or, in lieu thereof, as may be indicated by good engineering practice.

Standards for construction. All work shall be done in conformance with the current construction standards of the Township of Lopatcong or, in lieu thereof, the current edition of the New Jersey Department of Transportation Standards Specifications for Road and Bridge Construction, 1983, with amendments and revisions thereto, and with the New Jersey Department of Transportation Standard Construction Details.

Geologic and engineering studies relating to presence of limestone.

[Added 7-1-1998 by Ord. No. 1998-20]

General background.

Areas within the Township are underlain by carbonate bedrock such as limestone and dolomite. The solution of this bedrock causes surface depressions, open drainage passages and the development of irregular, subsurface rock topography known as "karst." These conditions make such areas unstable and susceptible to subsidence and surface collapse. As a result, the alteration of drainage patterns in these areas by the placement of impervious coverage, grade changes or increased loads from site improvements can lead to land subsidence and sinkholes.

Fractures or solution openings and fissures in the limestone rock may lead to public or private water supplies, making those sources especially susceptible to groundwater contamination. Contamination of water sources can occur from solid and liquid wastes, contaminated surface water, septic tank effluent or other hazardous substances moving through fractures or solution openings and fissures within the rock.

Carbonate aquifers are an important source of groundwater in the Township. The Township of Lopatcong relies on a clean supply of subsurface water to foster and promote human health, welfare and economic and social development. Therefore, the purposes of enacting this subsection are to protect, preserve and enhance a sensitive and valuable potable groundwater resource area and to reduce the frequency of structural damage to public and private improvements by sinkhole collapse or subsidence in areas of limestone geology, thus protecting the public health, safety and welfare and ensuring orderly development within the Township.

Definitions. For the purpose of this subsection the following definitions shall apply:

AGRICULTURAL USE

The production, keeping or maintenance of plants or animals for sale, lease or personal use.

APPROVAL AUTHORITY

The local land use board constituted pursuant to N.J.S.A. 40:55D-1 et seq. which, for applications involving site plan or subdivision approval, is the Planning Board or Zoning Board of Adjustment.

For projects not requiring approval by either the Planning Board or Zoning Board of Adjustment, but requiring the issuance of a building or zoning permit, the approval authority shall be the Zoning Officer.

GEOTECHNICAL INVESTIGATION PROGRAM

For activities requiring only approval or permits from the Board of Health (e.g., well and septic system installation and repairs), the approval authority shall be the Board of Health or its approved licensed sanitarian.

BEDDING

The arrangement of a sedimentary rock in layers of varying thickness and character.

BEDROCK

A general term for the rock that underlies soil or other unconsolidated material.

CARBONATE AREA DISTRICT

Comprised of the Carbonate Rock District and the Carbonate Drainage Area.

CARBONATE DRAINAGE AREA

Watershed areas which directly drain into the Carbonate Rock District.

CARBONATE ROCK

Rock consisting chiefly of calcium and magnesium carbonates.

CARBONATE ROCK DISTRICT

Those land areas underlain by carbonate rock formations.

CAVE

A natural opening of a size permitting human exploration and extending into a region of sharply reduced or no light.

CLOSED DEPRESSION

A shallow, dish-shaped hollow on the land surface which, in areas of limestone geology, may be indicative of old sinkholes or incipient collapse.

COLLAPSE SINKHOLE

A sinkhole caused by the collapse of the roof of a bedrock cavern.

DEVELOPMENT

Any improvements in the carbonate area district requiring, pursuant to existing land use statutes or ordinances, subdivision or site plan approval, building permits, zoning permits, septic systems and wastewater disposal systems requiring state permits or treatment works approvals; this chapter shall also be applicable to the installation of wells, site improvements, pond construction except for agricultural purposes, filling of any sinkhole or any other activity which could be affected by the presence of limestone geology on or near the site.

DISAPPEARING STREAM

A stream that enters the subsurface through a sinkhole or other entrance.

DISSOLUTION

A space or cavity in or between rocks, formed by the solution of part of the rock material.

DOLINE

See "sinkhole."

DOLOMITE

A carbonate rock that contains more than 15% magnesium carbonate.

DRAINAGE

The process by which water moves from an area by stream or overland sheet flow and/or the removal of excess surface water from soil by downward flow through the soil profile.

FAULT

A surface or zone of rock fracture along which there has been noticeable differential movement.

FISSURE

An extensive crack, break or fracture in the rock.

A program which identifies the geologic nature of the bedrock materials underlying the site and provides solutions directed at preserving the water quality and assuring the safety of any planned facility or improvement built over carbonate rocks.

JOINT

A fracture in rock generally more or less vertical or transverse to bedding, along which no appreciable movement has occurred.

KARST

A type of topography that is formed over limestone or dolomite by dissolving or solution of the carbonate rocks, characterized by sinkholes, closed depressions, caves, solution channels, internal drainage and irregular bedrock surfaces.

LIMESTONE

A carbonate sedimentary rock consisting chiefly of calcium carbonate. Limestone is commonly used as a general term for that class of rocks which consists of at least 80% calcium or magnesium carbonate. In this subsection, the term "limestone" shall be used generically to refer to carbonate rocks, limestone formations and Precambrian marbles.

LINEATION

Any straight line or alignment of natural features seen or an aerial photograph or any geographically referenced source. Although some lineations may be geologically controlled, ground-based geologic investigations are necessary to define their existence and significance.

MARBLE

A metamorphic rock consisting chiefly of crystalized limestone or dolomite.

OUTCROP

An exposure of bedrock projecting through the ground surface.

PINNACLE

An irregular rock projection often buried beneath the ground surface.

SHEAR ZONE

A zone in which shearing has occurred on a large scale so that the rock is crushed and brecciated (broken).

SINKHOLE (DOLINE)

A localized land subsidence, generally a funnel-shaped or steep-sided depression, caused by the dissolution of underlying carbonate rocks or the subsidence of the land surface into a subterranean passage, cavity or cave. Sinkholes are formed by the underground removal of soil and rock material.

SOIL

The material found in the surface layer of the earth's crust which may be moved by a spade or shovel.

SOLUTION CHANNELS

Tubular or planar channels formed by solution in carbonate rock terrains, usually along joints and bedding planes. These openings are the main water carrier in carbonate rocks.

SOLUTIONED CARBONATES

A carbonate rocks that have had cavities formed, fractures widened and passages in the rock created through the dissolution of the rock by the passage of surface water.

SOLUTION SINKHOLE

A depression formed from the slow dissolution of bedrock.

SPRING

A place where water naturally flows from rock or soil upon the land or body of surface water.

SUBSIDENCE SINKHOLES

Sinkholes formed by the downward settlement of unconsolidated overburden into openings in the underlying, soluble bedrock.

SURFACE RUNOFF

The part of the precipitation that passes over the surface of the soil.

VOID

Opening in the soil or rock materials.

District identification.

Carbonate Area District (CAD).

The Carbonate Area District is hereby created and shall be the entire municipality, except that, at the developer's option, the developer shall be at liberty to prove to the satisfaction of the approving authority that any area as generally identified on the map entitled "Carbonate Rocks of New Jersey" as detailed on the New Jersey Geological Survey, June 1993, which is attached hereto, (NOTE: The map referred to herein may be found at the end of this section as Exhibit 243-48D-B.)[1] and as amended and supplemented from time to time, does not encompass the property to be developed. Within the Carbonate Area District, the same shall be constituted as secondary, or as an overlay, to the zoning districts heretofore established by the Zoning Map, as amended and supplemented from time to time, and may encompass all or part of any zone district, or all or any part of more than one zone district. Regulation of the CAD shall be in addition to those requirements governing the existing zone district.

Editor's Note: Said map is on file in the Township Clerk's office.

The Carbonate Area District shall contain two areas which shall be known as the "Carbonate Rock District" and the "Carbonate Drainage Area."

Carbonate Rock District (CRD). The Carbonate Rock District is composed of those areas of the Township underlain by limestone or carbonate rocks. The geologic mapping utilized to prepare the CRD overlay boundary is derived from New Jersey Geologic Survey and United States Geological Survey maps. These maps are interpretations developed from available field observations and subsurface data; additional unmapped areas of limestone rocks may exist in the Township of Lopatcong. Therefore, the provisions of this chapter may be applied to any development which, in the opinion of the Township of Lopatcong, is located in an area underlain by limestone. The CRD map shall be updated as information is developed through the application of this section.

Carbonate Drainage Area (CDA). The Carbonate Drainage Area shall consist of all lands which drain surface water into the Carbonate Rock District. Changes in the quantity, quality and rate of discharge of surface water runoff from lands upslope of the Carbonate Rock District can adversely affect the CRD. Therefore, development activities in the CDA which may alter the surface drainage patterns or affect the water quality or increase runoff into the CRD shall be subject to the requirements of this section.

Applicability. Geologic and engineering studies relating to the presence of limestone on or near the site of any application for preliminary site plan or preliminary major subdivision approval involving any new structure or off-street parking area shall be required as a component of the application for the same. No application for preliminary site plan or preliminary major subdivision approvals shall be approved by the Planning Board or Board of Adjustment until the information required by this section has been submitted to, reviewed and approved by the Board. A minor subdivision, minor site plan or application for zoning clearance in respect of the issuance of a construction permit may be approved without the necessity of the studies required by this chapter, but only upon the execution by the applicant of a waiver of liability as to the municipality and its respective contractors, professional and otherwise, agents, servants and employees, and upon recordation of a deed inclusive of language reflecting the above in the county record office.

Performance standards for CRD. The following performance standard shall be applicable to development activities occurring in the Carbonate Rock District:

Types of soils. List and describe each soil type on the site according to data published in the Warren County Soil Survey and data obtained by test pits or borings. Each soil type shall be identified and delineated on a map of the site. If applicable, provide the results of percolation testing. Where the soils with moderate or severe limitations exist, they shall be identified according to the category and severity of limitation.

Topography.

Describe the topographic conditions of the site. Slopes shall be classified into the following classes:

Low slope: 0% to 15%.

Moderate slope: 15% to 24.99%.

Critical slope: 24.99% and greater.

The areal extent of each class shall be shown and the area in acres or square feet tabulated. Slopes shall be calculated by the method set forth in the environmental constraints section of the Lopatcong Township Zoning and Land Use Ordinance, § 243-78.1.

Geology. Describe the geologic formations and features associated with the site. This data shall be provided in two phases as follows:

Phase 1: compilation of existing data and preliminary analysis. The following shall be provided for a distance of one-quarter mile around the perimeter of the property (as to Subsections D(5)(c)[1][a] and [b] only):

Geologic data as mapped by the New Jersey State Geological Survey, the United States Geologic Survey or the NJDEP.

Geologic data on file as part of reports and other documents on file with the Township and the County of Warren.

Data obtained from on-site soils investigations whether in the form of test holes, borings or other methods.

[d]

Data obtained resulting from the well search required below.

[e]

The type of bedrock and estimated depth of overburden.

[f]

Delineate those areas where bedrock is anticipated or known to be within two feet of the subgrade, as well as major rock outcroppings.

[g]

Aerial photographic stereoscopic pair on which a fracture trace analysis is shown.

[h]

Location and identification of the relationship of the site to the carbonate rock strata and the carbonate rock drainage area within the Township. The location of these areas shall initially be identified from the locations shown on the geologic location map as part of the Master Plan.

[i]

A preliminary analysis by a geologist experienced in the type of bedrock encountered as to competency of the bedrock to accept the proposed development. This shall particularly address itself to the potential for land subsidence related to the fractures, cavities or other discontinuities in the bedrock.

[j]

An opinion by a licensed professional engineer experienced in soils, rock and foundation engineering of types similar to those encountered an the site as to the suitability of the soils and bedrock for development.

[k]

A detailed soils and bedrock investigation program to be completed as part of Phase 2 or documentation of the reasons for a complete or partial waiver of the requirements set forth therein.

Phase 2: geologic investigation program. In the event that the initial phase of the geologic investigation reveals the presence of carbonate rock, an additional in-depth analysis shall be made based on the subsurface investigation program. The initiation of the program may await the submittal and review of the data collection phase set forth above. This phase shall consist of the following:

A field investigation which shall consist of, as a minimum, the obtaining of borings at the number determined by the sum of.the columns in the following table annexed as Exhibit 243-48D-A. (NOTE: Exhibit 243-48D-A, referred to herein, is included as an attachment to this chapter.) The number of borings required shall be sited at locations appropriate to the determination of the soundness of the underlying rock. Borings shall extend a minimum of 20 feet into competent bedrock but not greater than 50 feet from the surface. Alternative methods of investigation may be used, such as, but not limited to, percussion probes, seismic refraction, ground-penetrating radar or magnetic, gravity or conductivity tests. Alternative testing programs shall be developed to provide, as a minimum, the same data which would be obtained from a test boring program.

Results of sampling including the following:

[i]

Classification of soils according to the Unified Soil Classification System.

[ii]

Classification of rock types and soundness.

[iii]

Logs of borings or other soil/rock investigations in a form as required by AWWA C-100 Section 2.5 et seq.

Identification of features such as vegetative changes, seeps or groundwater discharge, depressions, swales and other surficial indicators of unsound rock strata.

[d]

Mapping to show the estimated surface elevation of the bedrock and the estimated depth of overburden.

[e]

Identification of locations of fractures, faults, joints, cavities or other discontinuities with the rock structure.

Municipal review of geotechnical investigation report.

Within 45 days of submission of the geotechnical investigation report by the applicant, the geotechnical consultant (GTC) shall review and prepare a completeness report for submission to the approval authority. The geotechnical consultant shall be the municipal engineer or his designee, unless otherwise determined by the Planning Board or other approving authority. During the GTC's review of the geotechnical investigation report for proposed development in the CRD, the GTC shall consider the data, formal reports, maps, drawings and related submission materials and shall advise the approval authority whether or not the applicant has provided the municipality with:

Sufficient design construction and operational information to ensure that the proposed development of the tract will not adversely impact on the health, safety and welfare of the community.

Proof that the proposed method of development of the tract will minimize any adverse effects on the quality of surface or subsurface water, and will not alter the character of surface and/or subsurface water flow in a manner detrimental to known on-site or off-site conditions.

Specific details ensuring that design concepts and construction and operational procedures intended to protect surface and subsurface waters will be properly implemented.

Specific details on inspection procedures to be followed during construction and after project completion.

The approval authority shall, within 45 days of the receipt of the report from the geotechnical consultant, approve or disapprove the proposed geotechnical aspects of the development plan and associated construction techniques. In the event that the approval authority denies the proposed development plan and associated construction procedures, the approval authority shall state in the resolution its reasons for disapproval.

Reevaluation.

In certain situations, a specific geologic hazard may not be identified while the geologic investigation program is underway and may be discovered during or after construction. In such cases the applicant shall:

Report the occurrence of the hazard to the Municipal Clerk within 24 hours of discovery.

Halt construction activities which would impact the geologic hazard.

Prepare a report on the geologic hazard which analyzes the impact of the hazard and details a remediation plan for review and approval by the municipal geotechnical consultant.

After obtaining approval from the Township, perform necessary remediation of the hazard to prevent or minimize damage to buildings, structures, utilities, driveways, parking areas, roadways and other site improvements, and to minimize pollution of the groundwater.

[5]

Repair any damage to improvements and restore ground cover and landscaping.

[6]

In those cases where the hazard cannot be repaired without adversely affecting the site plan or subdivision, the applicant shall file an amended application for a site plan or subdivision approval in compliance with the provisions of this section.

(8)

Compliance and enforcement.

Compliance with this chapter is required prior to the granting of preliminary site plan or preliminary major subdivision approval, unless the applicant is exempted from the provisions of this section or the requirements in this section have been waived. The enforcement officials for any application requiring the approval of the Planning Board or Board of Adjustment and subject to this chapter shall be the Municipal Engineer and the Municipal GTC. The enforcement official for zoning or building permit applications that are subject to this section shall be the Zoning Officer or Construction Code Official. For well and septic system installation, the municipality's sanitarian shall serve as the enforcement officer. The municipal GTC, Engineer or sanitarian shall serve as the enforcement officials for wastewater systems requiring NJDEP permits or treatment works approvals.

Failure to comply with any of the conditions in this section may result in the issuance of a stop-work order, revocation of building permits or denial of certificates of occupancy. Remedial and corrective measures may be mandated if the appropriate construction and site planning techniques, as outlined in the applicant's approved geotechnical report, are not followed and result in actions which adversely impact karst features.

(9)

Application and escrow review fees. The applicant shall pay to the Township at the time the preliminary site plan or preliminary major subdivision application is filed the following fees to cover the costs of providing reviews and inspections required by this section. The fees required hereby, or a reasonable part thereof, may be waived by the Planning Board or other approving authority in previously developed areas having city water and sewer.

Residential development: number of residential units x $25, with a minimum fee of $200;

Nonresidential development: number of acres x $25, with a minimum fee of $200;

The applicant shall also pay to the municipality an escrow deposit of $100 per acre, $1,000 minimum, to cover the costs of providing reviews and inspections relating to the assessment of the data and analysis as to the geological investigation program, which shall be administered with the other escrows required by the municipality, and shall be supplemented from time to time in order to cover all of the reasonable costs to the municipality of the geological investigation and review.

(10)

Performance guarantee. No final plat shall be approved by the approval authority for recording unless the applicant includes in the performance guarantee to be furnished to the Township pursuant to N.J.S.A. 40:55D-53 a bondable amount to address the aspect of sinkhole remediation which shall cover any damage to buildings, structures, utilities, driveways, parking areas, roadways and other site improvements, as well as to restore any ground cover or landscaping. The applicant shall be required to submit to the Township Engineer an estimate on the cost to provide for such remediation, who shall, in turn, either approve the same for acceptance by the Township Committee or require the applicant to increase the amount of the performance guarantee to such amount as he deems appropriate. Final approval of any site plan or major subdivision shall not be granted until the performance guarantee incorporating the aspect of limestone remediation has been accepted and approved by the Township Committee.

(11)

Disclaimer of liability.

In limestone areas the alteration and development of land may be hazardous with respect to the foundation safety of structures, the creation of unstable land as a result of changes in drainage and grading, and the contamination of ground and surface waters.

The exact occurrence of sinkholes and/or subsidence is not always predictable; therefore, the administration of these regulations shall create no liability on behalf of the municipality, the Municipal Engineer, the municipal geotechnical consultant, municipal employees or municipal agencies as to damages which may be associated with the formation or existence of sinkholes or subsidence. Compliance with these regulations represents no warranty, finding, guarantee or assurance that a sinkhole and/or subsidence will not occur on an approved property. The municipality, its agencies, consultants and employees assume no liability for any financial or other damages which may result from sinkhole activity.

DIAMETER AT POINT OF MEASUREMENT

It is also noted that sinkholes and ground subsidence may occur in areas outside the CRD and/or in areas of carbonate geology presently not identified as such. The applicant and/or property owner should always make independent investigations of these matters prior to using this land for construction of a building or structure or any activity which alters the soil and bedrock materials.

(12)

Severability. If any subsection of this section shall be declared to be unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, the remaining subsections of this section shall, to the extent that they are not unconstitutional, invalid or inoperative, remain in full force and effect and no such determination shall be deemed to invalidate the remaining subsections of this section.

(13)

Effective date. This section shall take effect following final passage following a public hearing to be conducted thereon and publication in accordance with the requirements of the law.

§ 243-48.1 Design standards for ridgeline protection areas.

[Added 2-5-2003 by Ord. No. 2003-3]

The following minimum design standards shall be required for all site development within a ridgeline protection area.

Definitions. The following definitions shall apply for the purposes of this section.

CLEARING LIMIT RATIO

Determined by dividing the disturbed area of a lot by the total area of that lot, expressed as a percentage and indicating the portion of a lot from which vegetation may be removed.

The diameter of a tree measured 4 1/2 feet above the ground level, measured on the downhill side on a slope, and abbreviated as DPM.

EXISTING TREE

Any tree standing at the time of subdivision or site plan application that has a DPM of eight inches or greater for deciduous trees or height of six feet or greater for evergreen trees.

LIMIT OF DISTURBANCE

The boundary line formed between all portions of the site where land disturbance will occur and the existing natural area of the property.

TREE PROTECTION ZONE

An area in which no clearing of vegetation is permitted except for construction of approved structures, buildings, roads, driveways, sidewalks, drainage facilities, and utilities. Where clearing is permitted for roads, driveways, sidewalks, drainage facilities and utilities it shall not exceed 35 feet in width or the width of the associated easement or right-of-way, whichever is less, except for public road rights-of-way which may be cleared for a total width of 75 feet to accommodate road grading. Clearing for building lots shall be subject to lot clearing standards as per § 243-48.1E.

VEGETATION

Any plant material, including native grasses or groundcover, shrubs and trees.

Performance standards. A tree protection zone shall be established for all lots within the Ridgeline Protection Area subject to the following requirements:

The tree protection zone shall include all areas of the Ridgeline Protection Area. The boundary of the tree protection zone shall be labeled on the subdivision or site plan.

All areas of the tree protection zone, wooded and nonwooded, shall contain a minimum of 12 trees per acre consisting of existing and proposed trees. Proposed trees shall be planted as specified in § 243-48.1F and as shown on an approved landscape plan.

A tree conservation easement in a form acceptable to the Board's attorney shall be established for the area contained within the tree protection zone.

Area, lot and bulk requirements. All lots with structures and buildings contained within a ridgeline protection area shall meet the minimum requirements as specified in the Township of Lopatcong Schedule of Area, Lot and Bulk Regulations[1] and the following additional requirements:

A usable lot area shall be shown for each lot. It shall be formed within the required building envelope and contain an area square in shape and at least 100 feet on each side. Such 100 feet by 100 feet area shall be free of:

Easements that restrict development, including but not limited to easements for conservation, tree protection, stormwater detention/retention, critical slopes, utilities, and access;

Wetlands and their transition areas and open water bodies or courses as designated by NJDEP;

Special flood hazard area (FEMA designated one-hundred-year special flood hazard areas); and

A lot with a one-hundred-foot square within the building envelope, which is not free of such areas, and was lawfully approved and created prior to adoption of this ordinance, is to be considered a conforming lot with respect to this provision.

The principal building shall be constructed within the usable lot area.

The maximum building and lot coverage shall not exceed 50% of the coverage limit for the district.

Editor's Note: Said schedule is included at the end of this chapter.

Lot clearing limit ratio. All building lots contained within a ridgeline protection area shall be subject to a maximum lot clearing ratio of 20%.

Lot clearing standards. The following standards shall apply to all building lots contained within a ridgeline protection area.

Notwithstanding the lot-clearing-limit ratio, no clearing of vegetation is permitted beyond a street, right-of-way or within a tree protection zone except as specified in the definition of a tree protection zone.

Where lot clearing is permitted it shall be confined to the construction of lot improvements limited to structures and buildings, driveways, utility service lines, drainage facilities, and lawn areas.

The subdivision or site plan shall include a table with calculations of clearing-limit ratios and area of disturbance. A limit of disturbance line shall be drawn and labeled for each effected lot.

Nonwooded area planting. In all instances, where the Board determines that proposed building lots are located in nonwooded or sparsely wooded areas of a ridgeline protection area, the following standards shall apply:

Trees having a caliper of 2.5 inches or greater DPM if deciduous or six to seven feet high at time of planting for evergreen trees, shall be planted in such nonwooded or sparsely wooded areas so that the lot area contained within a ridgeline protection area has a minimum of 12 trees per acre postdevelopment.

The applicant shall calculate the required number of trees to be planted by multiplying the area of ridgeline protection area of the lot, in acres, by 12. Any fractional amount shall be rounded up to one additional tree. Credit will be given for any existing trees to remain or replacement trees as required by § 243-78.1D(4)(k).

The variety and planting design shall be as approved by the Planning Board, but not less than 25% of all trees shall be evergreen varieties.

The trees shall be planted prior to the issuance of a certificate of occupancy on each building lot according to a landscape plan conforming to the requirements contained in § 243-43C(23) and approved by the Township Engineer prior to issuance of a building permit. If weather conditions do not permit such planting, the developer shall post a cash deposit with the Township equal to 120% of the amount needed for such plantings, as determined by the Township Engineer. If the developer does not cause the trees to be planted within six months of the date of the issuance of the certificate of occupancy, then the developer shall forfeit to the Township the entire cash deposit. The Township shall use the cash deposit, or any portion thereof, to purchase and install the required plantings and shall retain without refund any excess cash deposit.