A.
All improvements shall be installed in complete accordance
with the standards of this chapter, with other particular specifications
approved by the municipal agency and Borough Engineer and with all
other applicable municipal, county, state and federal regulations.
(1)
Should improvements be required which are not provided
for within the particular sections of this chapter, they shall be
designed and constructed in accordance with good engineering practice
and recognized design standards.
(2)
The developer (or his engineer) shall submit detailed
design calculations and construction specifications in each instance.
(3)
Prior to initiation of such specialized design, the
particular standards to be utilized shall be submitted for review
by the municipal agency and Borough or Municipal Agency Engineer.
B.
The Standard Specifications for Road and Bridge Construction
of the New Jersey Department of Transportation 1989 (and all subsequent
editions), including all addenda, and the Standard Construction Details
of the New Jersey Department of Transportation (latest revision),
as modified, supplemented, amended or superseded by the requirements
of this chapter, by the approved final plat, by particular agreement
among the municipal agency, Borough Council and subdivider or by other
applicable Borough, county, state or federal regulations, shall govern
the completion of the required improvements. Such Standard Specifications
and Standard Construction Details are made a part of this chapter
by reference and will not be repeated herein.[1] It is the responsibility of all developers to familiarize
themselves with these standards, copies of which may be examined at
the offices of the Borough Clerk, administrative officer and Borough
Engineer and may be obtained, upon payment of the cost thereof, from
the New Jersey Department of Transportation. The requirements of this
chapter, of an approved final plat or of particular agreements and
conditions of approval and of applicable Borough, County, state or
federal regulations shall govern and prevail in the case of conflict
between them and the Standard Specifications or Standard Construction
Details. Should the Borough adopt, subsequent to the effective date
of this chapter, particular and specific Standard Construction Details
for the Borough, they shall govern and prevail over the Standard Construction
Details of the New Jersey Department of Transportation previously
referred to.
[Amended 12-13-1993 by Ord. No. 670]
[1]
Editor's Note: Said standards are on file
in the Borough offices.
A.
All site plan and subdivision plats shall conform
to design standards that will encourage desirable development patterns
within the Borough.
(1)
Where either or both an Official Map or Master Plan
have been adopted, the site plan or subdivision shall conform to the
proposals and conditions shown thereon.
(2)
The streets, drainage rights-of-way, school sites,
public parks and playgrounds and other municipal facilities shown
on an adopted Master Plan or Official Map shall be considered in the
review of site plans and subdivision plats.
(3)
Where no Master Plan or Official Map exists or makes
no provisions therefor, streets and drainage rights-of-way shall be
shown on the final plat in accordance with N.J.S.A. 40:55D-38 and
shall be such as to lend themselves to the harmonious development
of the Borough and the enhancement of the public welfare.
B.
Within the criteria established by and subject to
the review and approval of the municipal agency, all design of a site
plan or subdivision is the responsibility of the developer, and he
shall be responsible for and bear the entire cost of any and all investigations,
tests, reports, surveys, samples, calculations, environmental assessments,
designs, researches or any other activity necessary to the completion
of the design.
(1)
The standards set forth in this chapter shall be taken
to be the minimum necessary to meet its purposes as set forth elsewhere
herein.
(2)
The responsibility of the municipal agency shall be
to see that these minimum standards are followed and, in those cases
not covered by these standards, sufficient precautions are taken to
assure that the eventual design is conducive to the implementation
of the purposes of this chapter and the Borough Master Plan.
(3)
The municipal agency may employ professionals in various
disciplines to advise and assist it in its determinations.
(4)
Any decisions of the municipal agency regarding the
suitability or sufficiency of any design proposal, taken upon advice
of its professionals and subject to the provisions of this chapter,
shall be deemed conclusive.
C.
To properly execute the design of a site plan or subdivision,
it is anticipated that the developer will obtain or cause to be obtained
certain design data, including but not limited to soil tests and analyses,
environmental assessments, traffic studies and traffic projections,
surveys, reports and similar design data.
(1)
Any and all such data obtained by the developer, or
by others retained by him to complete the design, shall be made available
to the municipal agency and its employees and professional consultants,
for the purpose of reviewing the proposed design.
(2)
Should the municipal agency determine that the design
data submitted is not sufficient for the purpose of completing a full
review of the proposal, it may request the applicant to provide such
additional information as is deemed necessary.
(3)
Until the applicant supplies such information, no
submission under the provisions of this chapter shall be termed complete.
(4)
Nothing contained herein shall be interpreted to prevent
the municipal agency from making or causing to be made such independent
studies, calculations or other undertakings as it deems necessary
in the review of any application for development.
D.
When a developer determines that it will be necessary
to utilize design standards in addition to or other than those minimum
requirements established herein, he is advised to consult with the
Borough Engineer prior to beginning his detailed design, for review
and approval of his proposed design standards.
E.
It is recognized that, in certain instances, preexisting
conditions or the uniqueness of a particular proposal may require
the waiver of some of the standards presented herein.
(1)
The municipal agency may consider and, for cause shown,
may waive strict conformance with such of these detailed design standards
as it sees fit.
(2)
Any developer desiring such action shall prevent with
his application for development a listing of all such waivers desired,
together with the reasons therefor.
[Amended 12-7-2020 by Ord. No. 2020-1077]
A.
The following standards and guidelines contained herein shall apply
to all applications for site plan approval containing proposed new
buildings and structures or alterations or modifications to existing
structures.
B.
These building design objectives are intended to assist the Land
Use Board in the review of specific development proposals:
(1)
All buildings should be located with proper consideration of their
orientation and relationship to other buildings, both existing and
proposed, in terms of light, air and usable open space; access to
public rights-of-way and off-street parking; height and bulk; drainage
and existing topography; trees and vegetation; watercourses; solar
access; and energy conservation.
(2)
Groups of related buildings shall be designed to present a harmonious
appearance in terms of architectural style and exterior materials.
(3)
Buildings should be designed to be attractive from all vantage points,
including fences, storage areas and rear entrances.
(4)
Building setbacks should be varied to the extent practicable in order
to provide an interesting interplay of buildings and open spaces.
(5)
Accessory buildings should be architecturally treated in the same
manner as principal structures.
(6)
All exterior storage and service yards, loading docks and ramps,
electrical and mechanical equipment and enclosures, storage tanks
and the like shall be screened from the public view, within and from
the outside of the development, by a fence, wall or mature landscape
materials, consistent with the exterior design of the building within
the development.
(7)
Colors, materials and finishes shall be coordinated in all exterior
elevations of buildings to achieve continuity of expression. All roof
and wall projections, such as gutters, flues, louvers, utility boxes,
vents, grills, downspouts, exposed flashing and overhead doors, shall
be painted or installed with an anodized or acrylic finish, in a color
to match adjacent surfaces.
(8)
Buildings of a traditional design should have steeper roofs. Overhangs
should be consistent in front and rear.
(9)
All openings in the wall of a structure, such as windows and doors,
should relate to each other on each elevation, vertically and horizontally,
in a clearly defined order and should take into account orientation
to the sun, in terms of architectural elements for sun shading and
consideration of the efficiencies of heat loss and gain through such
openings.
(10)
Buildings and parking areas should be designed to relate to
existing grade conditions. Exposed basement walls are not acceptable
as an architectural treatment. All exposed basement walls must be
painted to relate properly to the side of the building.
(11)
Landscape elements shall relate to architectural design elements
and shall be considered a strong unifying component of the overall
site design, reflecting the natural and man-made (architectural and
aesthetic) qualities of the development.
C.
These residential design standards and guidelines are intended to
assist the Land Use Board in the review of specific proposals:
(1)
Residential design should create the appearance of individuality
of housing units and avoid the appearance of a large, undifferentiated
project.
(2)
Dwelling units should have adequate interior living space, using
low-maintenance, high-quality and aesthetically attractive materials.
(3)
Easy access to outdoor space and parking from all residential units
should be provided.
(4)
The design should provide a safe, well-lighted residential environment,
free of through traffic and congestion.
D.
Senior citizen housing should be located near community facilities,
public transportation and neighborhood retail services.
E.
Dwelling units in a development designed for possible use by physically
handicapped persons shall meet or exceed New Jersey Uniform Construction
Code minimum property standards and the additional requirements contained
in N.J.A.C. 5:23-1 et seq. pertaining to barrier-free regulations.
F.
The commercial office and industrial design standards contained below
are intended to assist the Land Use Board in the review of specific
proposals:
(1)
Exterior materials may include brick, stone, anodized aluminum and
baked enamel metal panels, precast concrete and similar materials,
with appropriate texture and trim to prevent a large, undifferentiated
facade of the same material. All buildings within the Historic District
shall utilize exterior materials compatible with and of a type which
will enhance the historical character of the area.
(2)
All roof planes or caps meeting the exterior facade shall have overhangs
or appropriate cornice and trim details.
(3)
All major entrances to buildings shall be properly identified with
architectural elements, such as recessed entranceways, projected overhangs
and porticoes.
(4)
Flat roof canopies on metal pipe columns shall not be used on commercial
buildings.
(5)
Window and door openings shall include appropriate trim and either
recesses or overhangs to promote a harmonious variety of light and
shade on the facade of the building.
(6)
Buildings and structures used for functional purposes, such as warehouses,
indoor sports facilities and manufacturing facilities, shall include
appropriate landscaping adjacent to boundary facades in the public
view.
A.
The block length, width and acreage within bounding
roads shall be such as to accommodate the size and dimensions of lots
required for the zoning district by this chapter and to provide for
convenient access, circulation control and safety of vehicles and
pedestrians.
B.
Block lengths may vary between 400 feet and 2,000
feet, but blocks along other than local collector streets shall not
be less than 1,000 feet long.
C.
Interior crosswalks with a right-of-way 20 feet wide
containing a sidewalk of four feet or greater in width and fenced
on both sides may be required for blocks longer than 1,000 feet, from
the ends of the culs-de-sac to adjacent streets and elsewhere as required
by the public convenience, including the provision of walks giving
access to schools, playgrounds and shopping centers without the necessity
of crossing traffic thoroughfares.
D.
For commercial, group housing or industrial use, block
size shall be sufficient to meet all area and yard requirements for
such use.
[Amended 12-13-1993 by Ord. No. 670; 10-6-2008 by Ord. No. 921; 12-7-2020 by Ord. No. 2020-1077]
A.
Buffers shall be required for tracts fronting on arterial and collector
streets, on the perimeter of all tracts within business zones, the
Professional Zone, the R1-B Single-Family Senior Citizen Zone, the
Light Industrial Zone and the Limited Industrial, Research and Office
Zones, around parking lots and unloading areas, and for nonresidential
uses which abut areas zoned residential or which are conforming residential
uses where the Land Use Board determines that a proposed development
should be screened or separated from adjacent uses and from public
view.
B.
A buffer shall include an area that is topsoiled and containing ground
cover, seed and/or sod and appropriate plantings of evergreen and
deciduous trees and shrubs. Where buffers are required, the buffer
shall be at least 20 feet wide and located within common open space
areas. In no case shall part of the yard area assigned to a building
or a dwelling be considered as part of the buffer.
(1)
A landscaped buffer screen, where required, shall comply with the
following minimum standards:
(a)
Shrubs and trees required as buffer elements shall be comprised
of a variety of species approved by the Shade Tree Commission and
shall conform to the current American Standard for Nursery Stock sponsored
by the American Association of Nurserymen, Inc.
(b)
Where a commercial, business, office or industrial use abuts
an existing, conforming residential use, a landscaped buffer shall
be required along the perimeter and within the commercial, industrial,
office or business use lot in conformance with the Schedule of Lot
and Development Regulations contained within this chapter.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(c)
Preexisting vegetation and trees shall be preserved and incorporated
into the landscaped buffer in a manner recommended by the Environmental
Commission and/or Shade Tree Commission, provided that additional
plantings will be incorporated to comply with the minimum standards
above.
(d)
A berm may be used as part of the landscaped buffer screen,
in which case the landscaping requirements may be reduced in minimum
height and quantity, provided that a suitable and attractive visual
screen is maintained. The berm shall not be less than three feet wide.
The design shall be reviewed by the Borough Engineer and the Environmental
Commission and/or Shade Tree Commission.
(e)
The intensity of the buffer screen may be reduced by the Land
Use Board if it is found that the proposed use is visually attractive
and not detrimental to the appearance of the neighboring uses.
(f)
Within a buffer area, no use, activity or sign shall be established
other than the following:
[1]
Driveways which are necessary to provide proper means of ingres
and egress for parking areas. Driveways, when located in a buffer,
shall provide direct access from the road or right-of-way line to
the nearest nonbuffered area. Loop or peripheral roads shall not be
located within a buffer area.
[2]
Directional signs in conjunction with said driveways which are
necessary for the proper guidance and control of vehicular traffic,
provided that not more than one such sign is erected in conjunction
with each driveway.
C.
Within buffer areas required by Subsection A above, there shall be provided screening in accordance with the following regulations:
(1)
Except as otherwise provided herein, the screening
area shall be a minimum of 15 feet in width and shall be planted with
evergreen trees approved by the municipal agency based on the recommendations
of the Environmental Commission and Shade Tree Commission and the
Borough Engineer. Trees shall be planted in two staggered rows seven
feet apart and shall be between six feet and eight feet in height
and shall conform to the current standard for nursery stock of the
American Association of Nurserymen. Within each row, the trees shall
be planted on six-foot centers. The municipal agency may vary the
spacing of the trees depending upon the species and the size of the
specimens.
Double Staggered Rows of Approved Evergreen
Trees
|
(2)
In cases where it is determined to be desirable by the municipal agency, evergreen trees planted with a minimum height of four feet may be substituted for the six-foot trees required under § 94-8.6, provided that the developer shall install a solid six-foot-high stockade fence along the outside of the required screening strips in accordance with § 94-8.16 prior to commencing the construction of improvements on the site. The spacing of the trees may be varied by the municipal agency depending upon the size and species of the specimen to be used. The stockade fence shall be maintained in good condition by the developer as long as it exists or until such time as the evergreen trees have grown to a minimum height of 10 feet, at which time the developer may remove the stockade fence in lieu of maintaining it.
(3)
Where all proposed buildings, parking areas and other
improvements are located 100 feet or more from a property line abutting
a residential zone or use, the Land Use Board may permit a screening
area 10 feet in width planted with a single row of evergreen trees
in a location approved by the municipal agency, planted on five-foot
centers with a minimum height of six feet to eight feet, of a type
and species to be substituted for the screening area required in Figure
1. (See Figure 2.) spacing requirements for the buffer plantings may
be varied by the municipal agency depending upon the size and species
of the specimens to be used.
Single Row of Approved Evergreen Trees
|
(4)
The required height for a screening area shall be measured in relationship
to the elevation of the land at the nearest required rear, side or
front yard setback line of the abutting residentially zoned properties.
Where the average ground elevation of the location at which the screening
strip is to be planted is less than the average ground elevation at
the nearest required rear, side or front setback line on the abutting
residentially zoned property, the municipal agency may require the
height of the trees planted in the required screening strip to be
increased by an amount equal to the difference in elevation. Where
the average ground elevation of the location on which the screening
strip is to be planted is greater than the average ground elevation
at the nearest required rear, side or front setback line on the abutting
residentially zoned property, the municipal agency may permit the
height of trees planted in the required screening strips to be decreased
by an amount equal to 1/2 the difference in elevation, except that
in no case shall the required height be reduced to less than four
feet.
(5)
All trees in a screening area shall be watered weekly through the
first growing season. The developer shall construct a six-inch-deep
earth saucer six inches outside the dripline of each tree to hold
water and fill with woodchips or other suitable mulch. Trees shall
be nursery-grown, balled and bagged, sheared and shaped, of the required
height and planted according to accepted horticultural standards.
(6)
At the following locations within required screening areas, evergreen
shrubs with a maximum mature height of 30 inches or less, approved
by the municipal agency as to type, location and spacing, shall be
provided in lieu of the evergreen trees specified above:
(7)
Waiver. The municipal agency, after favorable recommendation by the
Borough Engineer and the Shade Tree Commission, and after examination
and review, may waive, fully or partially, provisions of this section
in heavily wooded areas, in areas unsuitable for plantings or because
of other exceptional conditions and/or may require supplementary plantings.
In cases where plantings are deemed not necessary, the payment representing
the cost of said improvement shall be made by the developer to a Shade
Tree Planting Fund to be established and maintained by the Borough
for public rights-of-way.
D.
Buffers and visual screens shall be required for all properties along
railroad rights-of-way in accordance with the design guidelines of
the Monmouth County Planning Board, "Buffer and Visual Screen Along
Railroad Right-of-Way," as specified in the following diagrams and
tables listing plant materials:
(1)
Diagrams:
(a)
The visual screening and protection of the railroad right-of-way.
(b)
Spacing layout of trespass inhibiting shrubs.
(c)
Double row of evergreen plant material, to provide visual screening.
(d)
Layout and spacing of evergreen trees.
(e)
Installation of board fence for visual screening and protection.
A.
All development on tidal lagoons, navigable waterways
or other bodies of water, either existing or proposed, shall provide
for bulkheading. All development on nontidal bodies of water, either
existing or proposed, shall provide for bulkheading or other appropriate
permanent bank stabilization, acceptable to the municipal agency.
In no case shall bank slopes, bulkhead, riprap, revetments or other
elements of bank stabilization be located within required minimum
yard areas.
B.
Bulkheads may be constructed of treated timber, reinforced
concrete, marine alloy steel or other material in accordance with
approved details, if adopted, and a detailed design to be submitted
by the developer in each case for approval by the Borough Engineer
and such other approval authorities, including but not limited to
the United States Army Corps of Engineers, as may be necessary.
C.
The municipal agency may consider waiver and/or modification
of this requirement when necessary to preserve wetlands or other natural
features, provided that minimum lot sizes may be maintained and that
all development may be made reasonably secure from erosion.
A.
In zoning districts where bulk storage is a permitted
accessory use, the following minimum requirements shall apply;
(1)
No bulk storage of material or equipment shall be
permitted in any required front yard area or within 50 feet of any
public street, whichever is greater.
(2)
No bulk storage of materials or equipment shall be
permitted between any side or rear lot line and the required side
or rear setback line.
(3)
All bulk storage areas shall be screened from public view by means of suitable fencing and/or evergreen plantings as required by the municipal agency. Where the property is adjacent to a residential zone or use, the screening shall meet the minimum requirements of § 94-8.6 of this chapter and a six-foot chain-link fence or equivalent shall be provided.
B.
No fence used to screen a bulk storage area shall be placed closer to any property line than the distance constituting the required front, side or rear setbacks, and all setback areas shall be landscaped in accordance with the requirements of § 94-8.6 of this chapter.
C.
All service roads, driveways and bulk storage areas
shall be paved with bituminous concrete or other surfacing material,
as required by the municipal agency, which shall be of sufficient
strength to handle the anticipated use.
D.
In no instance shall on-site bulk storage of material
exceed the height of 10 feet.
E.
No heavy equipment shall be operated or parked closer
to the front property line than the required front setback, plus 20
feet, except as the same may be in transit to or from the site.
A.
All grading, excavation or embankment construction
shall be in accordance with the approved final plat and shall provide
for the disposal of all stormwater runoff and such groundwater seepage
as may be encountered. All clearing, excavation and embankment construction
shall be in accordance with the applicable requirements of the New
Jersey Department of Transportation Standard Specifications. No excavated
material may be removed from the site, except in accordance with an
approved final plat, nor without the prior approval of the Borough
Engineer. Where borrow excavation materials from off-site sources
are required to complete the necessary grading, such material shall
meet the requirements of the Standard Specifications for Borrow Excavation,
Zone 3, and shall be subject to the approval of the Borough Engineer.
All trees to be saved must have a snow fence erected at the dripline
of the tree.
B.
Material which the Borough Engineer judges unsuitable
for use in roadway embankment may be used for grading outside the
roadway right-of-way or in building areas with the permission of the
Borough Engineer and the Construction Official (for building areas).
Any unsuitable material which cannot be satisfactorily utilized on
the site shall be removed from the site and disposed of at places
to be provided by the developer.
C.
To preserve the integrity of pavements, embankments
and excavations for streets or roadways shall be provided with slopes
no steeper than one foot of vertical rise for every three feet of
horizontal distance.
D.
Such slopes shall be suitably planted with perennial
grasses or other ground cover plantings in accordance with the plans
approved by the municipal agency.
E.
In areas where excavations or embankments would extend
significantly beyond road rights-of-way, thereby causing disruption
to the natural environment of the development, the municipal agency
may, upon the application of the developer, consider or may, upon
it own initiative, direct the use of terraces, retaining walls, crib
walls or other means of maintaining roadway slopes.
(1)
In any event, the entire roadway right-of-way shall
be fully graded, and any retaining walls, crib walls or terraces shall
be located outside of the roadway right-of-way, and their maintenance
shall be the responsibility of the owner of the property on which
they are constructed.
(2)
The developer shall make suitable provisions in the
instrument transferring title to any property containing such terraces,
retaining walls or crib walls and shall provide a copy thereof to
the municipal agency and the Borough Clerk.
(3)
All graded areas within or outside of the roadway
right-of-way shall be neatly graded, topsoiled, fertilized and seeded
to establish a stand of perennial grasses.
F.
The tops of slopes in excavations and the toe of slopes
in embankment areas shall not extend beyond the right-of-way line
or, where provided, the exterior line of the six-foot-wide shade tree
and utility easement required herein. Sidewalk and easement areas
shall slope at 2% to the top of the curb elevation, and sidewalk construction
shall conform to this slope.
G.
Lot grading. Lots shall be graded to secure proper
drainage and to prevent the collection of stormwater. Said grading
shall be performed in a manner which will minimize the damage to or
destruction of trees growing on the land. Topsoil shall be provided
and/or redistributed on the surface as cover and shall be stabilized
by seeding or planting. Grading plans shall have been submitted with
the preliminary and final plats, and any departure from these plans
must be approved in accordance with the requirements of this chapter
for the modification of improvements. Grading shall be designed to
prevent or minimize drainage to structures or improvements when major
storms, exceeding the design basis of the storm drainage system, occur.
(1)
Wherever possible, the land shall be graded so that
the stormwater from each lot shall drain directly to the street. If
it is impossible to drain directly to the street, it shall be drained
to a system of interior yard drainage designed in accordance with
the standards for drainage facilities, and suitable drainage easements
shall be provided.
(2)
Unless otherwise required by the standard specifications,
all tree stumps, masonry and other obstructions shall be removed to
a depth of two feet below finished grade.
(3)
The minimum slope for lawns shall be 1% and, for smooth
hard-finished surfaces, other than roadways, 1/2 of 1%.
(4)
The maximum grade for lawns within five feet of a
building shall be 10% and for lawns more than five feet from a building,
25%.
(5)
Retaining walls installed in slope control areas shall
be constructed of heavy treated timber or logs, reinforced concrete,
other reinforced masonry or of other constructed acceptable to the
Borough Engineer and adequately designed and detailed on the final
plat to carry all earth pressures, including any surcharges. The height
of retaining walls shall not exceed 1/3 of the horizontal distance
from the foundation wall of any building to the face of the retaining
wall. Should the Borough adopt, subsequently to this chapter, standard
details for such construction, the same shall govern.
(6)
The developer shall take all necessary precautions
to prevent any siltation of streams during construction. Such provisions
may include, but are not limited to, construction and maintenance
of siltation basins or holding ponds and division berms through the
course of construction.
A.
All concrete used in any subdivision or site improvement
shall be prepared in accordance with the requirements of the standard
specifications for the various classes of concrete used, except that
the twenty-eight-day compressive strength of the concrete used shall
not be less than the following:
|
Type of Concrete
|
Strength
(pounds per square inch)
|
|---|---|
|
Class A
|
5,000
|
|
Class B
|
4,500
|
|
Class C
|
4,000
|
|
Class D
|
3,500
|
B.
Unless specific written permission is obtained from
the Borough Engineer to the contrary, only concrete obtained from
dry-batched redi-mixed trucks shall be allowed.
C.
Concrete shall be cured with a compound in accordance
with the following methods of materials:
(1)
Methods of application. The compound shall be
applied in a continuous uniform film by means of power-operated pressure
spraying or distributing equipment at the rate directed by the Engineer,
but not less than one gallon per 200 square feet of surface. The equipment
for applying the compound shall provide for adequate agitation of
the compound during application and must be approved by the Engineer
before work is started. If the compound becomes too thick for satisfactory
application during cold weather, the material may be warmed in a water
bath at a temperature not over 100° F. Thinning with solvents
will not be permitted. Should the method of applying the compound
produce a nonuniform film, its use shall be discontinued, and the
curing shall be done by another method approved by the Engineer that
will conform to the requirements for curing concrete.
(2)
Materials for curing: liquid compound, clear
or translucent. Clear or translucent liquid curing compound shall
consist of a blend of resins and other suitable materials held in
solution in a volatile solvent. It shall not separate on standing,
shall be nontoxic and shall become dry to touch within four hours
after being applied to the concrete under ordinary conditions. Acceptance
for continued use also will be based upon satisfactory field performance.
(3)
Consistency. The consistency of the compound
shall be such that it can be applied to the concrete in the amount
specified, as a fine spray, by means of an atomizing nozzle.
(4)
Character of film. The compound shall adhere
to damp, vertical or horizontal concrete surfaces forming a continuous
coherent film when applied at the specified rate. When dry, the film
shall not be tacky or track off the concrete when walked upon nor
impart a slippery condition to the surface.
(5)
Color. The compound shall produce no darkening
or changing of the color of the concrete which it is applied. It shall,
however, be of such a nature or so treated that the film will be distinctively
visible for at least four hours after application. Any coloring matter
added to the compound shall be a fugitive organic dye of a color approved
by the Engineer. All trace of this color shall be indistinct 30 days
after application.
(6)
Reaction with concrete. The compound shall not
react deleteriously with the wet concrete and shall form a superficial
layer over the surface thereof.
(7)
Moisture retention. When tested in accordance
with current ASTM Designation C 156, the moisture loss shall be not
more than 0.055 gram per square centimeter of the mortar specimen
surface, based on the amount of water in the mortar at the time the
curing material is applied.
A.
Curbing shall be constructed on both sides of all
streets shown on all major subdivisions and shall be required on minor
subdivisions in accordance with the standards prescribed for the requirements
of sidewalks in the case of minor subdivisions.
B.
Any existing pavements damaged by curb construction
shall be repaired to the standards herein and/or as shown on the final
plat.
C.
Where one side of the development boundary is along
an existing street, the curb and/or curb and gutter shall be constructed
only on a development side.
D.
The following type of curb shall be constructed:
(1)
The concrete curb shall be eight inches wide
at its base and not less than six inches wide at its top.
(2)
Its height shall not be less than 18 inches
constructed to show a vertical face above the roadway pavement of
six inches.
(3)
It shall be constructed by use of suitable lumber
or metal forms, true to line and grade, and open joints shall be provided
at intervals of 10 feet and one-half-inch bituminous expansion joints
every 20 feet.
(4)
Curb and/or combination curb and gutter shall
be constructed of Class B concrete, air-entrained, in accordance with
the requirements of the standard specifications.
(5)
Curbing shall be laid in a workmanlike manner
as directed and approved by the Borough Engineer.
(6)
At places where a concrete curb abuts portland
cement concrete pavement, joints in the curb shall be placed to match
the paving joints, and intermediate joints shall be placed so as to
create equal curb panels not longer than 20 feet.
(7)
When concrete combination curb and gutter is
required, the gutter shall be eight inches thick and shall be constructed
of Class B air-entrained concrete.
(a)
Joints in the gutter shall be formed simultaneously
with joints on the curb.
(8)
Curb and combination curb and gutter cross sections
shall be as shown on Figures 3 and 4.[1]
[1]
Editor's Note: Figures 3 and 4 are included as attachments to this chapter.
(9)
The requirements of the standard specifications
regarding curing precautions must be strictly observed.
E.
The curb at all delivery openings shall be depressed
at the front of the curb to a point two inches above the finished
pavement and at the back of the curb three inches above the finished
pavement.
F.
The rear top corner of this curb shall have a radius
of 1/4 inch, and the front top corner shall have a radius of 1 1/2
inches.
G.
Curb openings shall be in such width as shall be determined
by the Borough Engineer but in no case less than 16 feet at the edge
of the pavement.
H.
Use of combination curb and gutter will be allowed
in all areas and required in those areas having a bituminous pavement
with a profile grade greater than 5% with the following exceptions:
(1)
Both sides of a street for the entire block
length shall be constructed with one type of curb; that is, where
only a portion of a block is required to have combination curb and
gutter, the entire block shall be constructed using the combination
curb and gutter.
(2)
Where 50% or more of the curb length of any
street would be required to have combination curb and gutter, the
entire street shall be constructed with combination curb and gutter.
(3)
Where 50% or more of any subdivision is required
to have a combination curb and gutter, the entire subdivision shall
be constructed with combination curb and gutter.
A.
All entrance and exit driveways to public streets
shall be located to afford maximum safety to traffic on the public
streets.
B.
Whenever possible, any exit driveway or driveway land shall be so designed with regard to profile, grading and location to permit the sight distance in accordance with § 94-8.14C, Sight triangle easements.
C.
The dimensions of driveways shall be designed to adequately
accommodate the volume and character of vehicles anticipated to be
attracted daily onto the land development for which a site plan is
prepared.
(2)
Number of driveways. The number of driveways
provided from a site directly to any one municipal street shall be
recommended as follows:
|
Length of Site Frontage
(feet)
|
Recommended Number of Driveways
|
|---|---|
|
100 or less
|
1
|
|
More than 100 to 800
|
2
|
|
Over 800
|
To be specified by the municipal agency upon
receipt of advice of the Borough Engineer
|
D.
No driveway to or from a parking area should be located
closer than 100 feet from the nearest right-of-way line of an intersection
collector or arterial street. However, any major use, such as shopping
center or office complex, which, in the opinion of the municipal agency,
will generate large traffic volumes shall not be located closer than
200 feet from the nearest right-of-way line of an intersection of
a collector or arterial street.
E.
No part of any driveway may be located within five
feet of a side property line for single- and/or two-family dwellings
and within 20 feet of a side property line for all other uses. However,
upon application to the municipal agency and approval of the design
by the Board Engineer, the municipal agency may permit a driveway
serving two or more adjacent sites to be located on or within 10 feet
of a side property line between the adjacent sites.
F.
Driveway angle, one-way operation. Driveways used
by vehicles in one-way direction of travel (right turn only) shall
not form in angles smaller than 45° with the public street, unless
acceleration and deceleration lanes are provided.
G.
Driveway angle, two-way operation. Driveways used
for two-way operation will intersect the public street at any angle
as near 90° as site conditions will permit, and in no case shall
it be less than 60°.
H.
Parking areas for 25 or more cars and access drives
for all parking areas on arterial highways provide curbed return radii
of not less than 15 feet for all right-turn movements and left-turn
access from one-way streets and concrete aprons on entrance and exit
drives.
I.
Parking areas for less than 25 cars may utilize concrete
aprons without curb returns at entrance and exit drives which are
not located on a minor arterial or principal arterial highway.
J.
Access drives for single- and two-family dwellings
shall utilize concrete aprons without curb returns, regardless of
size or location.
[Amended 6-18-2001 by Ord. No. 781]
K.
Maximum curb depression width for single- and two-family
dwellings shall be the driveway width plus four feet, but not more
than 25 feet.
L.
Where a driveway connecting to a public street serves
traffic from parking areas of a major traffic generator, an acceleration
and/or deceleration lane may be required in accordance with (Policy
of Geometric Design of Rural Highways 1965) American Association of
State Highway Officials.
M.
The number of driveways, in such locations and of
such widths, as shall be certified by the engineering official having
jurisdiction over road design to be necessary and proper in order
to achieve compatibility with the road design in view of the site
conditions, shall be permitted and shall be deemed to constitute compliance
herewith.
N.
If the road to which the driveways connect is a Borough
street, the certifying official shall be the Borough Engineer. If
a County road, the certifying official shall be such County Engineer
as may be in charge of road design. If a state road, the certifying
official shall be such official of the New Jersey Department of Transportation
division, bureau or other unit in charge of road design for that road.
O.
Aisles from which cars directly enter or leave parking
spaces shall no be less than:
Driveway aprons shall be required between the curbing and the sidewalk. They shall be six inches of concrete according to specifications required for curbing described in § 94-8.11D(4) above.
A.
Drainage easements.
(1)
If the property on which a proposed development
is to be located is or is proposed to be traversed by a drainage facility
of any kind, including a pipe, channel, stream or swale, the municipal
agency may require that a stormwater and drainage easement or right-of-way
along said facility shall be provided by the developer, conforming
substantially with the lines of such facility.
(2)
If existing land drainage structures, such as
french drains, are encountered during the course of construction of
any development, such drainage structures shall either be removed
entirely or a revised final plat showing the location of such drainage
structures and accompanied with detailed cross sections thereof shall
be filed with the Borough Engineer for consideration by the municipal
agency. The municipal agency, after consulting its Engineer and other
appropriate agencies, shall either require a drainage easement, require
that the structure be removed in part or in its entirety or recommend
such other action to the governing body as it deems appropriate.
(3)
All easements shall be shown on the final plat
with a notation as to the purpose and restrictions of the easement.
Easement lines of the final plan shall be shown with accurate dimensions
and bearings unless the easement lines are parallel or concentric
with lot lines.
(4)
The land which is the subject of an easement
or right-of-way shall, in the case of storm drains or constructed
channels, be of a suitable width meeting the requirements for design
of drainage facilities, or be a strip which conforms substantially
to the floodplain of any watercourse along both sides of the watercourse
to a width of 35 feet in each direction from the center line of the
watercourse, whichever is the greater; except, however, that if the
location of such watercourse is at or near the boundary of the subdivision,
the dimensions of the easements and right-of-way shall be modified
to retain it within the confines of the development.
(5)
Said easement and right-of-way shall include
provisions assuring the following:
(a)
Preservation of the channel of the watercourse.
(b)
Except in the course of an authorized drainage
improvement, prohibition of alteration of the contour, topography
or composition of the land within the easement and right-of-way.
(c)
Prohibition of construction within the boundaries
of the easement and right-of-way which will obstruct or interfere
with the natural flow of the watercourse.
(d)
Reservation of a public right-of-entry for the
purpose of maintaining the storm drain, drainage channel or the natural
flow or drainage through the watercourse, of maintaining any and all
structures related to the exercise of the easement and right-of-way
and of installing and maintaining a storm or sanitary sewer system
or other public utility.
B.
Conservation easements.
(1)
Conservation easements may be required along
all drainage and stormwater rights-of-way in the development and may
be required also along ponds, marshes, swamps and streams or other
watercourses along which drainage rights-of-way are not required.
Such easements are intended to help prevent the siltation of streams
and other courses and adjacent lands.
(2)
The land subjected to a conservation easement
shall be a strip at least 25 feet but not more than 100 feet in width
independently located or running adjacent to each side of any required
drainage or stormwater right-of-way.
(3)
Such conservation easement shall contain provisions
to restrict the removal of trees and ground cover except for the following
purposes: removal of dead or diseased trees; thinning of trees and
other growth to encourage a more desirable growth; removal of trees
to allow for structures designed to impound water; and removal of
trees in areas to be flooded for the creation of ponds or lakes.
(4)
The easements shall also prohibit filling or
grading of the lands or the disposal of refuse or waste material of
any type within the limits of the easement.
(5)
The easement shall be indicated on the plat
and shall be marked on the land by iron stakes wherever the lines
of such easement change direction or intersect lot lines.
C.
Sight triangle easements.
(1)
In addition to right-of-way widths required
for the full design of all streets and the wider intersections as
specified, sight triangle easements may be required on all corners
at all street intersections and at entrances and exits of driveways.
[Amended 11-5-2007 by Ord. No. 904]
(2)
Such easements shall include provisions to restrict
the planting of trees or other plantings or the location of structures
exceeding 30 inches in height that would obstruct the clear sight
across the area of the easements and a reservation to the public right-of-entry
for the purpose of removing any object, natural or otherwise, that
obstructs the clear sight.
(3)
Such easements shall include the area of each
street corner and driveway entrances and exits that are bounded by
Borough street right-of-way lines and a straight line connecting points
on each right-of-way line 50 feet from the intersection of the right-of-way
lines with points on the intersecting right-of-way line, which points
are the following distances from the intersection of the right-of-way
lines, or of their prolongations:
[Amended 11-5-2007 by Ord. No. 904]
(4)
Where intersections occur on highways or roadways
under the jurisdiction of the State of New Jersey or County of Monmouth,
the sight triangle easements required by the state or the County of
Monmouth shall be substituted in lieu of the requirements above.
A.
An environmental impact report shall accompany all
applications for preliminary major subdivision and preliminary site
plan approval for all projects which exceed 10 acres in size or those
projects deemed to be environmentally sensitive by the municipal agency.
Such report shall provide the information needed to evaluate the effects
of the project for which approval is sought upon the environment and
shall include data as follows;
(1)
A project description which shall specify what
is to be done and how it is to be done, during construction and operation,
as well as recital of alternative plans deemed practicable to achieve
the objective.
(2)
An inventory of existing environmental conditions
at the project site and in the surrounding region, which shall describe
air quality, water supply, hydrology, geology, soils and properties
thereof, including capabilities and limitations, sewerage systems,
topography, slope, vegetation, wildlife habitat, aquatic organisms,
noise characteristics and levels, demography, land use, aesthetics,
history and archaeology.
(a)
Air and water quality shall be described with
reference to standards promulgated by the Department of Environmental
Protection of the State of New Jersey.
(b)
Soils shall be described with reference to criteria
contained in the Soil Survey of Monmouth County, New Jersey, published
by the United States Department of Agriculture Soil Conservation Service.
[Amended 12-13-1993 by Ord. No. 670]
(3)
An assessment of the probable impact of the project upon all topics set forth in Subsection A(2) above.
(4)
A listing and evaluation of adverse environmental
impacts which cannot be avoided, with particular emphasis upon air
or water pollution, increase in noise, damage to plant, tree and wildlife
systems, damage to natural resources, displacement of people and businesses,
increase in sedimentation and siltation, increase in municipal services
and consequences to municipal tax structure. Off-site impact shall
also be set forth and evaluated if appropriate.
(5)
A description of steps to be taken to minimize
adverse environmental impacts during construction and operation, both
at the project site and in the surrounding region, such description
to be accompanied by necessary maps and schedules and other explanatory
data as may be needed to clarify and explain the actions to be taken.
(6)
A statement concerning any irreversible and
irretrievable commitment of resources which would be involved in the
proposed action, should it be implemented.
(7)
A statement of alternatives to the proposed
project which might avoid some or all of the adverse environmental
effects, including a no-action alternative.
B.
When required, 20 copies of the environmental impact
report shall be submitted to the municipal agency.
C.
The municipal agency shall either approve or disapprove
the environmental impact report as part of its underlying function
with respect to site plan review. In reaching a decision, the municipal
agency shall take into consideration the effect of the applicant's
proposed project upon all aspects of the environment as outlined above,
as well as the sufficiency of the applicant's proposals for dealing
with any immediate or projected adverse environmental effects. Upon
approval by the municipal agency, the environmental impact report
shall be marked or stamped "approved" by the Secretary of the municipal
agency and shall be designated as the "final environmental impact
report."
D.
Notwithstanding the foregoing, the municipal agency
may, at the request of an applicant, waive the requirement for an
environmental impact report, if sufficient evidence is submitted to
support a conclusion that the proposed development will have a slight
or negligible environmental impact. Portions of such requirements
may likewise be waived upon a finding that a complete report need
not be prepared in order to evaluate adequately the environmental
impact of a particular project.
E.
An environmental impact report, as required herein,
shall also be submitted for all public or quasi-public projects, unless
such are exempt from the requirements of local law or by superseding
county, state or federal law.
F.
Submission of an environmental impact statement or
assessment consistent with the requirements of N.J.S.A. 13:19-1 et
seq., the Coastal Area Facility Review Act (CAFRA), and N.J.A.C. 7:7-1.1
et seq., Coastal Permit Program Rules, and the rules and regulations
promulgated pursuant thereto will be conclusively deemed to meet the
requirements of this section.
[Amended 10-5-2020 by Ord. No. 1076]
[Amended 12-7-1998 by Ord. No. 758]
A.
Fences, walls and hedges shall not be located in any
required sight triangle or in a public right-of-way. All fences, walls
and hedges shall be set back the minimum distances set forth herein,
or such greater distances at street intersections, driveways and around
street curves as may be necessary using accepted engineering standards
to protect the safety and to promote the general welfare of the residents
of the Borough.
B.
Fences, hedges and walls hereafter erected, altered
or reconstructed in any zone in the Borough shall not exceed six feet
in height above ground level except as follows:
(1)
Hedges, walls and fences, which are not open
fences as defined in this chapter, located in a front yard or within
50 feet of any river, stream or other body of water shall not exceed
30 inches in height, with the exception of residential corner lots
wherein a fence shall not exceed six feet and accompanied by decorative
planting, along the street side of the fence, may extend from the
rear line of the dwelling to the rear line of the property.
(2)
In any business or industrial zone, open wire
fences not exceeding eight feet in height may be erected in the rear
or side yard areas and behind the building setback line.
(3)
On park, recreation or school properties, open
wire fences not exceeding eight feet in height may be erected in the
rear of side yard areas and behind the building setback line.
(4)
Fences specifically required by other provisions
of this chapter and other municipal and state regulations.
(5)
Chain-link fences are not permitted in residential
front yards.
C.
All fences must be erected within the property lines,
and no fence shall be erected so as to encroach upon a public right-of-way.
D.
Razor wire, canvas or cloth fences and fencing construction
are prohibited in all zones in the Borough.
E.
All supporting members of a fence shall be located
on the inside of the fence, and if erected along or adjacent to a
property line, the supporting members of the fence shall face the
principal portion of the tract of land of the property upon which
the fence is erected.
G.
Tennis court fences, baseball and softball backstops
and spectator-protective fencing is exempt from the requirements of
this section, provided that they are not located within any required
yard area. Located outside of any required yard area, they are subject
to the height limitations of the particular zone district.
H.
Fences which are painted shall be painted in only
one color, harmonious with the surrounding area. Multicolored fences
are prohibited.
[Amended 12-13-1993 by Ord. No. 670; 12-7-2020 by Ord. No. 2020-1077]
A.
A certificate of occupancy shall not be issued for a new residential
structure which is the subject of a major subdivision or site plan,
located in an area serviced by Monmouth Consolidated Water Company,
unless the distance from the midpoint of the frontage of such premises
to a functioning fire hydrant which has been tested and approved,
as measured down to the center line of connecting public streets,
is 600 feet or less.
B.
Final subdivision plats shall not be approved by the Land Use Board
unless fire hydrants are indicated on the final plat in accordance
with the requirements herein contained as to location of and distance
between fire hydrants.
C.
Fire hydrants shall not be placed at the closed end of the turnaround
of a cul-de-sac unless the distance between the open end and the closed
end is greater than 400 feet, in which event the fire hydrants shall
be placed at both the open end and the closed end of the cul-de-sac.
D.
The installation of fire hydrants, with respect to any subdivision,
shall not be considered a subdivision improvement to be included in
the bonding requirements of this chapter, but rather the proper installation
of fire hydrants shall be a condition of the issuance of the certificate
of occupancy; however, all costs shall be borne by the developer.
E.
All fire hydrants installed in the municipality shall have no less
than two two-and-one-half-inch hose connection nozzles and one four-and-one-half-inch
pumper nozzle. All threads are to be in accordance with the specifications
of the Fire Department of Shrewsbury Borough.
F.
Hydrants shall be set plumb with nozzles 18 inches above the ground
or, where they are to be placed in hose houses, 18 inches above the
floor.
B.
A garage which is within the building line of a principal
building shall contain not more than 50 parking spaces.
[Amended 12-13-1993 by Ord. No. 670]
(1)
Private garages which are an integral part of
an individual dwelling unit shall not contain more than three parking
spaces each, and each parking space shall contain a minimum of 240
square feet of floor area.
(2)
A private garage for an individual dwelling
unit shall not have access thereto from another dwelling unit or garage.
C.
An accessory commercial or industrial building garage
shall be fully enclosed and have a full roof covering all parking
spaces.
D.
No freestanding commercial garage or parking structure
shall be placed nearer than 100 feet to a side or rear property line.
In no case shall a garage or accessory building be permitted between
a street frontage and building.
[Amended 3-14-1994 by Ord. No. 675; 11-17-2014 by Ord. No. 1010]
(1)
In the R-1 Zone and R-1A Zone, garages, whether
attached or detached, shall be arranged to open to the side or rear
of the lot except fully detached garages, located entirely to the
rear of the principal building.
(2)
In all other residential zones, garages may
be arranged to open to the front, side or rear of the lot.
(3)
Attached garages shall have a joint capacity
of not more than 10 vehicles arranged in a row, and there shall be
a minimum distance of 20 feet between such structures.
(4)
Freestanding garages and other accessory buildings
in residential zones shall be no more than one story nor more than
16 feet in height.
(5)
The architectural design and materials used
in the construction thereof shall conform to the design and building
materials used in the construction of the main structures.
(6)
No
part of any garage or other accessory building shall be used for living
purposes.
E.
All public garages shall have adequate security provisions.
F.
Only passenger vehicles, small vans, pickup trucks
and similar vehicles, whether such carry passengers or commercial
plates, may be parked in any parking space for extended periods.
G.
Garages and parking areas shall be used as automobile
parking units only, with no sales, dead storage, dismantling or servicing
of any kind permitted.
A.
Guardrails, pipe railing or other appropriate barricades,
as required by the municipal agency, shall be designed and placed
at drainage structures, streams, embankment limits, curries and other
required locations.
B.
Guardrails shall be standard steel-beam-type with
galvanized steel posts in accordance with the standard specification
details. Alternate design of guardrails and barricades may be used
and shall be submitted for approval as part of the final plat submission.
[Amended 12-13-1993 by Ord. No. 670; 5-21-2007 by Ord. No.
895; 12-7-2020 by Ord. No. 2020-1077]
A.
ADMINISTRATIVE OFFICER
APPLICANT
APPLICATION FOR DEVELOPMENT
DEVELOPER
DEVELOPMENT
DEVELOPMENT, PLANNED
DEVELOPMENT, PLANNED UNIT
DEVELOPMENT, PLANNED UNIT RESIDENTIAL
RIGHT-OF-WAY
SITE PLAN
SITE PLAN, MAJOR
SITE PLAN, MINOR
SUBDIVISION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The Clerk of the Land Use Board.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plat, site plan,
planned development, conditional use, zoning variance, or direction
of the issuance of a permit pursuant to the Municipal Land Use Law.
The legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development, including the holder
of an option or contract to purchase, or other person having an enforceable
proprietary interest in such land.
For the purpose of this chapter and article, the division
of a parcel of land into two or more parcels or the construction,
reconstruction, conversion, structural alteration, relocation, or
enlargement of any building or structure for which permission may
be required per the Municipal Land Use Law.
Unit development, planned unit residential development, residential
cluster, planned commercial development, or planned industrial development.
An area with a specified minimum contiguous acreage of 10
acres or more to be developed as a single entity according to a plan,
containing one or more residential clusters or planned unit residential
development and one or more public, quasi-public, commercial, or industrial
areas in such ranges of ratios of nonresidential uses to residential
uses as shall be specified in this chapter.
An area with a specified minimum contiguous area of five
acres or more to be developed as a single entity according to a plan,
containing one or more clusters, which may include commercial or public
or quasi-public uses, all primarily for the benefit of the residential
development.
A strip of land occupied or intended to be occupied by a
sidewalk, utility transmission lines, gas pipeline, water main, and/or
sanitary or storm sewer.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including, but not
necessarily limited to, topography, vegetation, drainage, floodplains,
marshes, and waterways; the location of all existing and proposed
buildings, drives, parking spaces, walkways, means of ingress and
egress, drainage facilities, utility services, landscaping, structures,
signs, lighting and screening devices; and any other information that
may reasonably be required in order to make an informed determination
pursuant to an ordinance requiring review and approval of site plans
by the appropriate municipal agency.
Any site plan not classified as a minor site plan.
A development plan of one or more lots which proposes new
development within the scope of development specifically permitted
by ordinance as a minor site plan; does not involve planned development,
any new street, or extension of any off-tract improvements that is
to be prorated pursuant to N.J.S.A. 40:55D-42; and contains the improvement
reasonably required in order to make an informed determination as
to whether the requirements established by ordinance for approval
of a minor site plan have been met.
The division of a lot, tract, or parcel of land into two
or more lots, tracts, parcels, or other divisions of land for development
pursuant to N.J.S.A. 40:55D-7.
B.
Powers and authority of the Shade Tree Commission generally. The Shade Tree Commission shall have such powers as are authorized by N.J.S.A. 40:64-1 to 40:64-14, inclusive, as amended and supplemented, and the powers specifically enumerated in Chapter 94, Zoning and Land Development: Article VIII, § 94-8.6, Buffer areas and screening, § 94-8.44, Street trees; and in the Borough of Shrewsbury Code, Chapter 246, Trees, Shrubbery and Landscaping.
C.
Powers regarding care for shade and ornamental trees, shrubbery,
and other plantings. The Shade Tree Commission shall have the following
powers:
(1)
Exercise full and exclusive control over the regulation, removal, planting, placement, trimming, spraying and care of shade and ornamental trees, shrubbery and other plantings now located or which may hereafter be planted in a development as defined in § 94-8.21A, utility rights-of-way, or construction sites, and any public highway, right-of-way, park or parkway, except such as are excluded pursuant to N.J.S.A. 40:64-1, and the regulation and control of the use of the ground surrounding same, so far as may be necessary for their proper growth, care and protection.
(2)
Remove or require the removal of any tree or part thereof that
is diseased or dangerous to public safety, at the expense of the owner
of such tree, following appropriate notice of its intention to remove
or cause the removal of a tree or part of a tree dangerous to public
safety.
D.
Duties and responsibility of the Shade Tree Commission.
(1)
Meetings and minutes. The Shade Tree Commission shall schedule
regular meetings and/or special meetings for review of landscape plans
submitted with an application for development. The applicant shall
be notified of the date and time of the scheduled meeting for review
of the plans submitted with his/her application. The agenda of a scheduled
meeting shall be posted on the bulletin board in the Municipal Building
and on the Borough web site.
(2)
Minutes of every regular meeting and special meeting shall be
kept and shall include the names of the members in attendance, matters
discussed, persons appearing, action taken, and the findings made
by it and the reason therefor. The minutes shall thereafter be made
available for public inspection.
(3)
Review of landscape plan. The Commission shall review the landscape plans to determine compliance with the provisions of Chapter 94, Zoning and Land Development, Article VIII, specifically, § 94-8.21, Landscaping and shade tree regulations; § 94-8.6, Buffer areas and screening, and § 94-8.44, Street trees.
(4)
Notification of findings. The Commission shall approve or deny
landscape plans submitted for its review and shall submit the findings
of its review of the landscape plans submitted for its review in a
timely manner to the municipal agency reviewing the application for
development. The administrative officer or municipal agency reviewing
the application for development shall forward a copy of the Shade
Tree Commission's findings to the applicant.
E.
Submission requirements for approval of landscape plans.
(1)
Development applications. An application for development that
requires action by the Land Use Board shall include eight copies of
a landscaping and screening plan prepared by an accredited landscape
architect or an authorized licensed professional and three copies
of plat maps for use of the Shade Tree Commission.
(2)
Administrative review and distribution. The administrative officer
of the municipal agency reviewing the application shall retain the
original application, the original plat maps and original landscaping
plan. He/she shall forward seven copies of the application and seven
copies of the landscaping plans, including supporting attachments,
exhibits and other related information, and the three copies of plat
maps to the Shade Tree Commission.
F.
Landscape design standards. The following standards and guidelines shall apply to all applications for development containing proposed new buildings and structures or modifications to existing structures. Landscape elements shall relate to architectural design elements and shall be considered a strong unifying component of the overall site design, reflecting the natural and architectural and man-made qualities of the development. An applicant granted approval for development shall not excavate or remove trees, shrubs and other plant material from the site without the approval of the Shade Tree Commission. [§ 94-8.4B(11)]
(1)
Developments:
(a)
Residential zoning districts. A minimum of 10% of the plan site
shall be reserved for landscaping, which shall be reasonably distributed
within the area and shall include suitable shrubbery in a planting
strip not less than four feet wide on the front, rear and two sides
of a structure.
(b)
Single-family subdivisions. Besides screening and street tree requirements, additional trees shall be planted throughout the subdivision in accordance with a planting plan approved by the Shade Tree Commission. The number of trees planted shall be not less than 10 per acre, calculated on the basis of the entire subdivision tract. The type of plantings may vary from those listed under shade tree requirements and may include flowering types and/or evergreens, not exceeding 30% of the total planting. Tree planting shall be pursuant to § 94-8.21H, Tree planting requirements. Street trees shall be planted pursuant to § 94-8.44, Street trees.
(c)
In nonresidential zone districts, a minimum of 15% of the lot
or tract area, excluding any parking areas or driveways, shall be
devoted to landscaped open space.
(2)
Landscape elements:
(a)
Plant materials to be chosen and located to screen or create
views, to accent and compliment buildings, to define boundaries between
private and common open space, to attenuate noise, to articulate outdoor
spaces and to define circulation systems shall be inherent.
(b)
Variety and mixture of plants. Seasonal interest, textures,
shapes, blossoms, and foliage are to be considered. The use of native
plant material is encouraged. A variety subject to disease is discouraged.
No plant material included on the New Jersey Invasive Species List
shall be used.
(c)
All areas not devoted to structures, parking areas or other required areas shall be appropriately graded and landscaped in accordance with §§ 94-8.6, 94-8.21, and 94-8.44, regulating landscaping, tress and buffer areas. The landscape plan shall include maintenance systems to ensure survival of plantings.
(d)
Soil conditions. Raised borders or similar structures are to
be installed to prevent soil washing over adjoining paths where necessary.
(e)
Water availability and the inclusion of adequate provisions
for irrigation of landscaped areas acceptable to the Borough Engineer
are required.
(f)
Environmental climate control. Planting of shade trees on the
south to shield heat from summer sun and evergreens on the north for
windbreaks.
G.
Landscape plan. Landscape plans shall comply with Borough ordinances, specifically enumerated in Chapter 94, Article VIII: § 94-8.6, Buffer areas and screening; § 94-8.21, Landscaping and shade tree regulations; and § 94-8.44. Street trees. Whenever practical, natural features shall be preserved pursuant to § 94-5.13.
(1)
The landscape plan shall provide:
(a)
The location of existing trees, shrubs and proposed planting
materials and the signature of the accredited landscape architect
or an authorized licensed professional with date of submission.
(b)
Planting material to be used: their minimum sizes, quantity,
variety and species; planting details for trees, shrubs, and/or ground
cover, identifying same by common and botanical names. The varieties
or species selected for landscaping and screening shall be subject
to the approval of the Shade Tree Commission. The use of native plants
is encouraged. Evergreen planting may be interspersed with or placed
with appropriate deciduous flowering shrubs. No plant material on
the New Jersey Invasive Species List shall be used.
(c)
The location of existing trees four inches or more in diameter
as measured five feet above ground level, indicating type, number,
location, and spacing, including wooded areas indicating predominate
species and sizes.
(d)
The location of existing shrubs and the location, type and quantity
of each type.
(e)
The location of shrubs in yard areas and open spaces. Yard areas
and open spaces shall contain the equivalent of at least two shrubs
and one shade or ornamental tree of two-inch caliper or greater for
each 1,500 square feet of yard area, excluding areas devoted to parking
or vehicular circulation.
(f)
Placement. All planting shall be at least the maximum mature
plant distance from the foundation of a building, structure, wall
or fence, but not less than two feet therefrom. One evergreen is required
for each five feet of the foundation, wall or fence, including side
surfaces of projecting porches and steps. Varieties shall be selected
and specified as appropriate to sun and wind exposures and shall be
a mature size for the location planned.
(g)
Rear exposures may be exempted under circumstances as determined
by the Commission.
(h)
Buffer areas and screening. For any use required by this chapter or by a municipal agency, a buffer shall comply with the buffer regulations, § 94-8.6, Buffer areas and screening.
(2)
Implementation of landscape plan.
(a)
Following approval of the applicant's landscape plan: Notice
must be given to a member of the Shade Tree Commission three days
prior to the start of planting in order that the Commission may inspect
the stock for variety, condition, size and quantity.
(b)
Existing trees and shrubs to be retained shall be protected
by the erection of storm fencing at the outmost dripline of the tree
during construction. All work shall be subject to the general supervision
and approval of the Commission.
(c)
Excavations for each plant shall not be less than 12 inches
deep and not less than 20 inches in diameter. A seepage area shall
be provided by loosening the soil to a depth of six inches at the
bottom of the excavation.
(d)
Planting soil in the excavation shall be composed of one part
peat or humus and four parts of soil free of debris (all mixed thoroughly),
to which shall be added and mixed one pound of bond meal or its equivalent.
There shall be no pieces or chunks of plaster, mortar or other lime-containing
material or loose lime around foundation plantings.
(e)
Mulching. Each evergreen and shrub planted shall be mulched
with wood chips, peat, buckwheat hulls, cocoa hulls or other approved
material out to the branch tips, not to exceed four inches in depth.
Bases of trees and landscaped areas shall be mulched to a depth not
to exceed four inches, placing mulch six inches from the tree trunk
at ground level and outward to the edge of the dripline of the tree
to a maximum depth of four inches.
(f)
Removal of all planting debris is required. The property shall
be left in an orderly and neat condition in accordance with accepted
planting practice.
(3)
Maintenance standards. Landscape plan elements shall be properly
maintained following development to prevent overgrowth or neglect
of reasonable maintenance of landscape plantings and ground covers,
including:
(a)
Trees, hedges and shrubbery shall not obstruct walkways or streets
and obscure vision of persons using same. Trees shall be pruned in
such a manner that branches will hang not less than eight feet over
sidewalks and walkways and 13 feet over roadways. Shrubs and/or hedges
planted along walkways and within a sight-triangle area shall be a
height of 30 inches.
(b)
Overgrowth or neglect of reasonable maintenance of landscape plantings and ground cover, including failure to remove dead or diseased trees and shrubbery, is subject to enforcement subject to § 94-5.29, Property maintenance.
(c)
Survival. All plantings that fail to survive for a period of
one calendar year following planting shall be replaced by the developer
within 30 days following receipt of written notice from the Shade
Tree Commission or within such extended period as may be specified
by the Commission.
H.
Tree planting requirements.
(1)
Requirements.
(a)
Any owner, person, developer, firm or corporation erecting and constructing any building or buildings fronting a public or private street in any zoning district shall plant shade trees in front yards at least five feet from the right-of-way, defined as a strip of land occupied or intended to be occupied by a sidewalk, utility transmission lines, gas pipeline, water main, and/or sanitary or storm sewer. One tree shall be planted every 40 feet of frontage of said property, unless a waiver is granted by the Shade Tree Commission. Street trees shall be planted in accordance with § 94-8.44, Street trees.
(b)
The Shade Tree Commission may grant a waiver if there are trees
growing along such right-of-way or on the abutting property near the
street line which are in compliance with the specifications of the
Shade Tree Commission.
(c)
Such new trees to be provided shall be of a kind and size approved
by the Shade Tree Commission and shall be planted in accordance with
its specifications for planting trees in such a location approved
by the Commission.
(2)
Specifications for shade trees.
(a)
Shade tree size. Trees shall be not less than 1 3/4 inches'
to two inches' caliper, measured six inches above the ground, and
not less than 12 feet high. Trees must be well-branched, the branches
to start not less than six feet from the crown of the root system.
(b)
Flowering tree size. Where authorized for placement, flowering
decorative trees may be smaller in size than shade varieties. Those
trees shall not be less than 1 1/2 inches' caliper, measured
six inches above the ground, nor less than eight feet high. They must
be well-branched, the branches to start not less than five feet from
the crown of the root system.
(c)
Placement. All trees must be planted in the location approved
by the Shade Tree Commission. Large-growing (timber-type) trees shall
be located not closer than five feet to the right-of-way. Ornamentals
may be planted in planting strips. The minimum width of planting strips,
located in accordance with the site plan approved by the reviewing
agency, shall be 30 inches.
(d)
Time for planting. Deciduous trees under the jurisdiction of
the Commission shall not be planted between May 15 and November 1
without specific authorization.
(e)
Soil excavations must not be less than 18 inches deep and not
less than 30 inches in diameter. A seepage area shall be provided
by loosening the soil to a depth of one foot below the excavation.
Planting soil shall be composed of one part peat, one part humus and
one part of parent soil (all mixed thoroughly), to which shall be
added and mixed in two pounds of bone meal or its equivalent.
(f)
Planting; watering. At time of planting, burlap and wire surrounding
the root ball shall be loosened from around the tree trunk. Each tree
shall be given an adequate amount of water at the time of planting.
(g)
Staking and guying. Stakes shall be white or red cedar, oak
or locust treated with an approved wood preservative and must be eight
feet long and not less than two inches in minimum diameter. Stakes
shall be driven securely into the ground and preferably on the northwest
side of the tree trunk. Trees shall be guyed with rubber hose or plastic
straps and shall be watered adequately for a minimum of one year after
planting.
(h)
Ground cover; mulching. Bases of trees and other landscaped
sections shall include ground cover or mulching to discourage the
growth of weeds. Gravel, stone or decorative stone shall not be used
as a ground cover unless specifically approved by the Shade Tree Commission.
Bases of trees shall be mulched to a depth not to exceed four inches,
placing mulch six inches from the tree trunk at ground level and outward
to the edge of the dripline of the tree to a maximum of four inches.
(i)
Survival. Trees that have failed to survive for a period of
one calendar year following planting shall be replaced by the developer
within 30 days following receipt of written notice from the Commission
or within the extended period as may be specified by the Commission.
I.
Landscaping of parking areas. Landscaping shall be required in parking
lots as follows:
(1)
An area within the parking area equal to 5% of the parking area
shall be landscaped with trees, shrubs and ground cover. This shall
be accomplished through the use of landscaped islands.
(2)
The minimum width of planting strips in a parking area, located
in accordance with the site plan approved by the reviewing municipal
agency, shall be 48 inches.
(3)
At least one deciduous shade or ornamental tree of two-inch
caliper or greater at the time of planting and two shrubs shall be
provided within the area noted in above subsection for each 10 existing
or proposed parking spaces. Planting areas shall be a minimum of six
feet in width at the base of each tree.
(4)
Ground cover shall consist of plant material or mulch acceptable
to the reviewing agency. Bases of trees and landscaped areas shall
be mulched to a depth not to exceed four inches. Any weed barrier
used shall be permeable.
(5)
No parking area for 20 continuous spaces in a row in a business,
commercial, or industrial zone, nor more than 15 continuous spaces
in a residential zone, shall be permitted without interruption by
a landscaped island divider at least eight feet wide.
(6)
All parking areas for 20 or more vehicles shall contain landscaped
island areas of at least six feet in width separating parallel rows
of parking spaces.
(a)
Such island areas shall be located within the parking area in
accordance with the site plan approved by the municipal agency and
shall occupy a minimum of 5% of the area formed by the outer perimeter
of the parking area.
(b)
The island area shall contain a minimum of one shade tree for
each four parking spaces along the edge of the parking island and
shall be otherwise landscaped in accordance with the requirements
of this section.
(7)
The buffer screen around the parking areas and loading and unloading
areas may include fencing of wood, or other construction material,
provided that not more than 25% of the fence is open on its vertical
surface. In such cases, evergreens and deciduous trees and shrubs
shall be planted along the fence to break up the monotony of the fence.
(8)
Parking areas or unloading areas of commercial, business or industrial uses abutting residential uses shall provide a landscaped buffer screen at least 50 feet wide on the perimeter of all parking or loading areas in accordance with § 94-8.6, Buffer areas and screening.
(9)
Sidewalks and suitably surfaced pathways shall be provided from
each parking space or area to the appropriate destination, minimizing
the crossing of streets and parking aisles. All pedestrian crosswalks
across aisles and shall be properly marked with striping or a change
in the street paving material.
(10)
The use of landscaping in parking areas to disconnect impervious
areas is encouraged in accordance with the Municipal Stormwater Management
Plan of the Borough of Shrewsbury. Any such nonstructural stormwater
management technique shall be counted toward the minimum landscape
area required by this section.
(11)
All parking areas shall include a year-round headlight screen
along the perimeter. The minimum planting height for landscape materials
intended to meet such requirement shall be 24 inches in height and
maintained at a maximum height of 30 inches.
(12)
All landscaping and/or plantings intended to meet the requirements
of this chapter shall be properly maintained following development,
including:
(a)
Means for adequate irrigation shall be provided.
(b)
A minimum vertical clearance of eight feet shall be maintained
between the lowest branch of any tree and a walkway.
(c)
A minimum vertical clearance of 13 feet (at mature height) shall
be maintained between the lowest branch of any tree and adjacent roadways.
(d)
Any shrubs or hedge planted along walkways shall be maintained
at a maximum height of 30 inches.
[Amended 2-21-2002 by Ord. No. 793]
A.
Purpose. The governing body of the Borough of Shrewsbury
does herein find that the regulation of outdoor lighting in the Borough
is necessary to prevent misdirected or excessive artificial light,
caused by inappropriate or misaligned light fixtures that produce
glare, light trespass, and/or unnecessary sky glow; and also that
such regulation is necessary to discourage the waste of electricity
and to improve or maintain nighttime public safety, utility, and security.
B.
AUTOMATIC TIMING DEVICES
FOOTCANDLE (fc)
GLARE
IESNA
LIGHT TRESPASS
LUMEN
MOTION SENSOR DEVICE
OBJECTIONABLE DIRECT GLARE SOURCE
OUTDOOR LIGHT FIXTURE
SHIELDED LIGHT FIXTURE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A switching device, a part of which is a clock, set to the
prevailing time (Eastern Standard Time or Daylight Savings Time),
that will control the period of illuminating outdoor light fixtures
and outdoor signs.
The illuminance on a surface of one square foot in area on
which there is uniformly distributed a light flux of one lumen.
The sensation produced by luminance within the visual field
that is sufficiently greater than the luminance to which the eyes
are adopted to cause annoyance, discomfort, or loss of visual performance
and visibility.
Illuminating Engineering Society of North America. An organization
that recommends standards for the lighting industry.
A unit of measure of the quantity of light which falls on
an area of one square foot every part of which is one foot from the
source of one candela (candle). A light source of one candela emits
a total of 12.57 lumens.
A device that will sense motion electronically and switch
on security lighting for a brief duration.
Any direct glare source offensively visible above a height
of five feet at the subject property line.
An electrically powered illuminating device containing a
total light source of more than 1,800 initial lumens per fixture (this
is greater than a single 100 watt incandescent, or two 75 watt reflectorized
incandescent bulbs) which is permanently installed outdoors, including,
devices used to illuminate any site, architectural structure or sign.
A light fixture with cutoff optics that allows no direct
light emissions above a vertical cutoff angle of 90° above nadir
(straight down at perfect vertical) for streetlighting and 80°
for all other lighting, through the fixture's lowest emitting part.
Any structural part of the light fixture providing this cutoff angle
must be permanently affixed.
C.
Outdoor light fixtures. All outdoor light fixtures
installed and thereafter maintained, other than those serving one-
or two-family dwellings, shall comply with the requirements specified
below:
(1)
Where used for security purposes or to illuminate
walkways, roadways, and parking lots, only shielded light fixtures
shall be used.
(2)
Where used for commercial and industrial purposes
such as in merchandise display areas, work areas, platforms, signs
architectural, landscape, or sport or recreational facilities, all
lights shall be equipped with automatic timing devices and comply
with the following:
(a)
Light fixtures to illuminate flags, statutes,
or any other objects mounted on a pole, pedestal, or platform, shall
use a narrow cone beam of light that will not extend beyond the illuminated
object.
(b)
Other upward directed architectural, landscape,
and decorative light emissions shall have at least 90% of their total
distribution pattern within the profile of the illuminated structure.
(c)
Recreational and sports facility lighting shall be shielded whenever possible. Such lighting shall have directional and glare control devices, when necessary, to comply with Subsection C.
(d)
Externally illuminated signs including commercial
billboard, building identification or similar illuminated signs, shall
comply with the following:
(e)
All other outdoor lighting shall use shielded
light fixtures.
(3)
All floodlight-type of fixtures, once properly
installed shall be permanently affixed in the appropriate position.
(4)
Foundations supporting lighting poles not installed
four feet behind the curb, shall be not less than 24 inches above
the ground.
D.
Light trespass.
(1)
All light fixtures, except streetlighting and those used on one- or two-family dwellings, shall be designed, installed, and maintained to prevent light trespass, as specified in Subsection D(1)(a) and (b) below.
(a)
At the property line of subject property, illumination
from light fixtures shall not exceed 0.1 footcandle on residentially
zoned property or 0.5 footcandle on business zoned property, in a
vertical plane.
(b)
Outdoor light fixtures properly installed and
thereafter maintained shall be shielded and directed so that there
will be no objectionable direct light emissions.
(2)
NOTE: Light fixtures near adjacent property
may require special shielding devices to prevent light trespass.
E.
Illuminance and luminance requirements shall be set
forth in the current edition of the IESNA Lighting Handbook.
(1)
Streetlighting. Avenue IESNA illuminance recommendations
shall not be exceeded. IESNA average to minimum illuminance uniform
ratios are to be used as a guide for designing safe and adequate roadway
lighting.
(2)
Outdoor parking facilities. Outdoor parking
lot illuminances shall be based on certain illuminance specifications
recommended by the IESNA, as contained in Schedule A.
|
Schedule A
| ||||
|---|---|---|---|---|
|
Maintained Illuminance for Parking Lots
| ||||
|
Basic
|
Enhanced Security
| |||
|
Horizontal illuminance
| ||||
|
Minimum
|
0.2 fc
|
0.5 fc
| ||
|
Average
|
1.0 fc
|
2.5 fc
| ||
|
Uniformity ratios:
| ||||
|
Average to minimum
|
5:1
|
5:1
| ||
|
Maximum to minimum
|
20:1
|
15:1
| ||
|
Minimum vertical illuminance
|
0.1 fc
|
0.25 fc
| ||
(a)
Minimum horizontal illuminance shall be no lower
than 0.2 fc.
(b)
Average horizontal illuminance shall not exceed
2.5 fc.
(c)
Uniformity ratios are to be used as a guide.
(d)
Minimum vertical illuminance shall be measured
at 5.0 feet above parking surface at the point of lowest horizontal
illuminance, excluding facing outward along borders.
(e)
For typical conditions. During periods of nonuse,
the illuminance of certain parking facilities should be turned off
or reduced to conserve energy. If reduced lighting to be used only
for the purpose of property security, it is desirable that the minimum
(low point) not be less than 0.1 hfc. Reductions should not be applied
to facilities subject to intermittent night use, such as apartments,
hospitals and active transportation areas.
(f)
If personal security or vandalism is a likely
and or severe problem, an increase above the basic level may be appropriate.
(g)
High vehicular traffic locations should generally
require the enhanced level of illumination. Exits, entrances, internal
connecting roadways and such would be some examples.
(h)
Increasing the above illuminance is not likely
to increase safety and security. Variance requests for higher levels
will generally be for "retail" reasons and should not be granted unless
shown to be necessary and at an illuminance not to exceed 3.6 footcandles.
(3)
Freestanding lighting standards or poles for
outdoor parking lots shall not exceed by more than 10 feet the height
of adjacent buildings served by the parking lot.
(4)
All major pedestrian walkways and sidewalks
which are not within a street right-of-way or abutting a private internal
street serviced by streetlighting and which are used by the public
after sunset shall be illuminated with a minimum lighting level of
1/2 horizontal footcandle average at the surface of the walk.
(5)
All other illuminance shall not exceed IESNA
recommendations, and shall use shielded light fixtures as necessary.
(6)
Internally illuminated signs shall not exceed
IESNA recommendations.
F.
Outdoor lighting energy conservation.
(1)
All outdoor lighting not necessary for security
purposes shall be reduced, activated by motion sensor or turned off
during nonoperating hours. Illuminated signs are excluded from this
requirement.
(2)
All lighting shall be designed to prevent misdirected
or excessive artificial light and to maximize energy efficiency.
H.
Submission of plans. Plans and evidence of compliance
shall include the following:
(1)
A description of outdoor light fixtures including
component specifications such as lamps, reflectors, optics, angle
of cutoff, supports, poles and include manufacturers catalog cuts.
(2)
Location and description of every light fixture
and hours of operation.
(4)
Computer-generated photometric grid showing
footcandle readings every 10 feet and the average footcandles.
(5)
Foundation details for light poles.
(6)
When not using IESNA recommendation, submit
reasons and supply supporting documentation.
I.
Prohibitions. Searchlights or flashing or animated
signs are prohibited, other than for a period of seven days of the
opening of a new establishment.
A.
Unless otherwise provided in this chapter, lot area
and dimensions shall not be less than the requirements of the respective
zoning districts as set forth in this chapter.[1]
(1)
The municipal agency may require larger lots
where additional area will partially or completely eliminate the necessity
of changes in grade, which, in the opinion of the Board, would cause
unreasonable destruction of the topography or environment or would
create drainage or erosion problems.
(2)
The municipal agency may require larger lots
adjacent to collector or arterial streets where, in the opinion of
the Board, the larger lots would promote the health, safety and general
welfare of the public and the residents of the development.
(3)
The municipal agency may require larger lots
where such lots are plotted on a tract or tracts containing tidal
or freshwater wetlands, steep slopes in excess of 8%, lakes and ponds,
stream corridors, floodways and floodplains. Where such conditions
exist, the Board may require that each lot contain an area unencumbered
by the aforementioned conditions equal to the minimum area requirement
of the respective zone district.
B.
Insofar as is practical, side lot lines shall be at
right angles to straight streets and radial to curved streets.
C.
Lot line on widened street. Where extra width is to
be provided for the widening of existing streets, lot measurements
shall begin at the proposed right-of-way line, and all setbacks shall
be measured from such lines unless otherwise provided by this chapter.
D.
Unsuitable lots. All lots shall be suitable for the
purpose for which they are intended to be used. To prevent the use
of lots which are not suitable because of adverse topography, flood
conditions, shallow depth to water table or similar circumstances:
(1)
The municipal agency may withhold approval of
such lots or require revisions in a layout of the subdivision to provide
that the area of the unsuitable lot is included in other lots by increasing
the size of the remaining lots.
(2)
Unsuitable lots may be included in an area to
be deeded to the Borough or other public or quasi-public body and
will be held in its natural state for conservation and/or recreation
purposes.
(3)
Some other suitable arrangement could be derived
to alleviate the condition.
E.
A minimum of five substantially different front elevations
with varied setbacks, as approved by the municipal agency, shall be
used for dwellings in each subdivision.
F.
Only those trees shall be removed as shall be necessary
to permit construction of streets, driveways, lawns and dwellings
and other authorized structures.
G.
In accordance with the Tax Map Specifications of the
State of New Jersey, dated May 1975, prepared by the State of New
Jersey, Department of the Treasury, as amended, subdivided lots and
blocks shall generally bear the original numbers with a decimal and
a number added as a subscript. Lot and block numbers shall be assigned
by the Borough Tax Assessor. A line shall be provided on the map for
the Tax Assessor to sign acknowledging that he (she) has assigned
the lot and block numbers.
H.
House numbers shall be assigned to each lot prior
to final plat approval by the municipal agency.
I.
Lot frontage. Each lot shall front on an approved
street accepted or to be accepted by the Borough.
J.
All structures must be accessible by means of an approved
driveway. The driveway must be not less than 10 feet wide and must
have a center-line grade of not less than 0.5% and not greater than
10%. For all non-single-family uses, driveways must provide turnarounds
to eliminate the necessity of any vehicle backing onto any street.
Monuments shall be of a size and shape required
by N.J.S.A. 46:23-9.11 and N.J.A.C. 13:40-5.1, and amendments and
supplements thereto, and shall be placed in accordance with said statute
and Administrative Code. In addition to the required monuments after
the grading is finished, the developer shall install a solid steel
stake one inch in diameter and 30 inches in length on lot corners,
lot line angle points or other changes in direction not marked by
monuments and at all angle points or discontinuities in easement lines
where such easements are not parallel to property lines.
A.
For every building, structure or park thereof having
over 5,000 square feet of gross floor area erected and occupied for
commerce, business, hospital, laundry, dry cleaning, places of public
and quasi-public assembly, industry and other similar uses involved
in the receipt and distribution by vehicles of materials, or merchandise,
there shall be provided and permanently maintained adequate spaces
for standing, loading and unloading services in order to avoid undue
interference with the public use of streets or alleys.
(1)
Every building, structure or addition thereto
having a use which complies with the above definition shall be provided
with at least one truck standing, loading and unloading space on the
premises, not less than 12 feet in width, 35 feet in length and 14
feet in height.
(2)
Such buildings that contain an excess of 15,000
square feet of gross building area will be required to provide additional
off-street loading spaces as determined by the municipal agency during
site plan review.
B.
No part of any off-street truck loading or unloading
space and backup area shall be located within the right-of-way of
the public street, including the sidewalk area. Off-street truck loading
and unloading spaces will be located and designed to permit any truck
to maneuver from a driveway into and out of such space without encroaching
upon any portion of a public street, existing or proposed right-of-way,
including the sidewalk.
C.
Whenever an off-street loading and unloading area
shall be located next to a residential zone, said loading and unloading
area shall be suitably screened and buffered subject to approval by
the municipal agency.
D.
Off-street loading and unloading areas shall be surfaced
with an adequately designed durable, all-weather pavement of either
bituminous concrete or portland cement concrete, clearly marked for
loading spaces.
E.
Access to truck standing, loading and unloading spaces
shall be provided directly from a public street or alley or from a
right-of-way that will not interfere with public convenience and will
permit orderly and safe movement of truck vehicles.
F.
Loading spaces as required under this section shall
be provided in addition to off-street parking spaces and shall not
be considered as supplying off-street parking spaces.
G.
Unless otherwise permitted, fire zones shall not be
used as standing, loading or unloading areas.
[Amended 3-14-1988 by Ord. No. 569; 4-9-1990 by Ord. No.
608; 12-13-1993 by Ord. No. 670; 7-14-1997 by Ord. No. 737; 8-3-1998 by Ord. No. 751; 10-5-2020 by Ord. No. 1076; 12-7-2020 by Ord. No. 2020-1077]
A.
In all zones and in connection with every industrial, commercial,
institutional, professional, recreational, residential or any other
use, there shall be provided off-street parking spaces in accordance
with the requirements and parking lot standards as contained in this
section.
(1)
Each off-street parking space may be perpendicular with the
aisle, parallel with the aisle or at any angle between 60° and
90°. No angle parking layout shall be permitted with an angle
less than 60°.
(2)
Off-street parking spaces shall be provided as further specified
in this chapter with necessary passageways and driveways.
(3)
All such space shall be deemed to be required space on the lot
of which it is situated and shall not be encroached upon or reduced
in any manner.
(4)
No parking area provided hereunder shall be established for
less than five spaces, except for detached single-family dwellings
on individual lots.
(5)
No commercial vehicle with a gross vehicle weight in excess
of 10,000 pounds shall be parked out of doors overnight in a residential
zone.
B.
Parking for all uses in all zones shall not be located in any required
front yard area, unless otherwise specified, nor between any existing
or proposed building (or the extension of the plans of the exterior
surface of any existing or proposed building to the lot boundaries)
and any street right-of-way line.
(1)
Parking for single- and two-family dwellings shall not be subject
to yard area location restrictions, except that such parking shall
be set back at least five feet from all property lines.
(3)
No parked vehicles shall block or obstruct sidewalks or walkways,
and no parking shall be permitted on lawn or landscaped areas or other
areas not intended, designed and/or approved for such parking.
(4)
Parking areas for nonresidential uses shall not be located within
50 feet of any residential zone; except that when the residential
zone is on or along a railroad right-of-way, the parking area shall
not be located within 20 feet of the property line.
(5)
Parking areas of five or more spaces shall not be located within
20 feet of any street or right-of-way line; except for private streets
and drives, the minimum distance shall be eight feet.
(6)
Parking facilities in business zones or industrial zones may be located in any rear or side yard space but shall not be closer than five feet from any side or rear property line. The location of parking shall not conflict with the requirements of § 94-8.6, Buffer areas and screening.
(7)
No area shall be used for parking unless it is large enough
to provide for at least two contiguous stalls. For single- and two-family
dwellings, the following shall apply:
(8)
All required parking spaces and facilities shall be located
on the same lot or parcel as the structure or use they shall serve.
(9)
Off-street parking areas shall be designed to prevent the maneuvering
of vehicles into or out of parking spaces or the storage of vehicles
within any portion of an entrance driveway or driveway lane that is
within 20 feet of the right-of-way line of a public street.
(a)
Off-street parking areas shall be so designed to permit all
vehicles to turn around on the site in order to prevent the necessity
of any vehicles backing onto a public street from such site.
(b)
No required off-street parking space, including adjacent parking
access lanes or maneuvering space, shall be located within the existing
or proposed right-of-way of public streets.
(10)
Any site that provides temporary stopping space or maneuvering
space for vehicles of customers or patrons seeking service at a roadside
business establishment, such as a drive-in bank, and others shall
be located so that the stopping, stacking and maneuvering aisles are
set back at least 20 feet from any existing or, where applicable,
future right-of-way line of a public street.
(11)
Where parking, other than for single- or two-family dwellings,
is permitted between the street and the front building line, a safety
island or raised median separating the public street from the parking
area shall be provided in accordance with the following minimum requirements.
(See Figures 5 and 6.[1])
(a)
The width of the safety island shall be that width between the
proposed curbline and a point eight feet inside the property line.
When this width is less than 20 feet, the parking area shall be reduced
to provide a minimum width for the safety island of 20 feet. All required
tree and shrub plantings shall be placed on the on-site portion of
the safety island.
(b)
When perpendicular or angled parking spaces abut the safety
island, the stall depth shall be measured from a point one foot outside
the face of the curb for perpendicular spaces or angled spaces greater
than 60° and two feet outside the face of the curb for 60°
angle spaces. Such parking spaces shall be separated from access drives
by curbed islands with a minimum width of 10 feet.
(c)
Safety islands shall be landscaped, topsoiled and seeded, except
that they may, as an alternative to seeding, be provided with a cover
of mulch of maintenance-free materials which provide a clear and unmistakable
distinction between the parking area and the safety island.
(d)
No commercial signs, light standards or other aboveground obstructions,
other than plantings, shall be permitted within 10 feet of the street
right-of-way.
[1]
Editor's Note: Figures 5 and 6 are included as attachments to this chapter.
C.
Each perpendicular or angle off-street parking space shall occupy
a rectangular area of not less than nine feet in width and 18 feet
in depth, exclusive of access drives and aisles, except that parking
spaces at shopping centers or commercial areas, where people will
be entering vehicles while carrying packages, should be 10 feet wide,
and parking spaces for the physically handicapped shall be 12 feet
wide.
(1)
Uses that own, rent or service motor vehicles larger than automobiles
which must be parked and/or stored on the site shall indicate in the
statement of operations submitted with the site plan the size of such
vehicles and the anticipated largest number of such vehicles to be
stored and/or parked on the site at any single time.
(a)
The site plan shall show a sufficient number of parking and/or
storage stalls at any adequate size for the largest number of such
vehicles to be parked and/or stored on the site at any one time.
(b)
Aisles providing for access to such parking and/or storage stalls
shall be of adequate width for the vehicles to be served.
(c)
Failure of an applicant to indicate, where applicable, in the
statement of operations that vehicles larger than automobiles are
to be parked and/or stored on the site and provide for such parking
and/or storage on the site plan shall be a violation of this chapter,
and any building permit or certificate of occupancy that has been
issued shall not be valid and may be revoked.
(d)
Any change of use to a use which requires parking and/or storage
space for a greater number of vehicles, larger than automobiles, than
the previous use shall be required to make application for site plan
approval.
D.
All parking areas, passageways and driveways shall be surfaced with
a properly designed, durable, all-weather pavement of either bituminous
concrete or portland cement concrete and clearly marked for parking
spaces.
(1)
Parking areas for less than 50 cars which the municipal agency determines are not likely to be utilized by heavy truck traffic or drive-up window service may be paved with one-and-one-half-inch compacted thickness of bituminous concrete surface course, Type FABC-1, over a four-inch bituminous stabilized base course, all in accordance with the specifications contained in § 94-8.30.
(2)
In parking areas for 100 or more cars, access drives and aisles which the municipal agency determines are likely to be utilized by heavy trucks or unusually high traffic volumes shall provide paving in accordance with the requirements for streets other than local streets set forth in § 94-8.30 of this chapter.
E.
Sidewalks shall be composed of Class B portland cement concrete.
Sidewalks with a minimum width of four feet and a minimum thickness
of four inches shall be provided in all parking areas for five or
more vehicles, between parking areas and principal structures, along
aisles and driveways, and wherever pedestrian traffic shall occur.
(1)
Sidewalks must be raised and curbed six inches above the parking
area except where crossing streets or driveways and wherever pedestrian
traffic shall occur.
(2)
Sidewalks and parking areas must be arranged to prevent cars
from overhanging or extending over sidewalk areas.
(3)
Sidewalk areas crossing driveways shall be six inches reinforced
with welded wire fabric (66-10 by 10) or equivalent approved by the
Borough Engineer.
F.
Curbing.
(1)
The perimeter of all parking areas and internal islands within all parking areas open to the general public shall have continuous cast-in-place concrete curbing (see Figure No. 3 attached to this chapter) with a six-inch face or continuous granite block curb (see Figure No. 3A, included as an attachment to this chapter). The use of granite block curb shall be approved by the municipal agency at the time of site plan approval.
(2)
Concrete curbing shall be composed of Class B portland cement
concrete.
G.
All portions of every site not utilized for pedestrian paths, parking, access drives, loading areas or approved outdoor storage and not covered by buildings or other construction shall be landscaped as provided in § 94-8.21 of this chapter.
(1)
This shall include areas immediately adjacent to the site on
public rights-of-way between the curb and sidewalk or the property
line of the site.
(2)
Whenever off-street parking areas shall be located next to a
residential zone, said parking areas shall be suitably screened and
buffered subject to approval by the Land Use Board.
(3)
Every parking lot with more than 100 spaces shall be divided
as nearly as possible into smaller lots of 50 spaces separated by
landscaped dividing strips, except the area for access aisles.
(4)
The plantings required within the parking areas shall be considered
exclusive from any other plantings that may be required for screening
or safety island planting.
H.
All parking areas, appurtenant passageways and driveways serving
commercial and industrial uses with more than five parking spaces
shall be illuminated adequately during the hours between sunset and
sunrise when the use is in operation. Adequate shielding shall be
provided by commercial and industrial users to protect residential
zones from the glare of such illumination and from that of automobile
headlights.
I.
All parking areas shall provide paint striping to delineate parking
stalls, barrier lines, lane lines, directional arrows, stop lines,
fire lanes and other striping as may be required to ensure safe and
convenient traffic circulation. Such striping shall be in substantial
conformance with the Manual on Uniform Traffic Control Devices, except
that all parking stall marking shall be hairpin style with eight inches
between parallel stall dividing lines.
J.
All parking areas shall provide traffic control signs and devices
necessary to ensure safe and convenient traffic circulation. Such
devices shall be in substantial conformance with the Manual on Uniform
Traffic Control Devices.
K.
Parking areas shall be so arranged as to provide adequate access
to all buildings in case of fire or other emergencies.
(1)
No parking shall be allowed within 20 feet of the outer walls
of any nonresidential structure or within such other adequate distance
as the municipal agency in consultation with Borough fire officials
may approve.
(2)
The developer shall post adequate signs and provide pavement
markings, approved by the municipal agency, prohibiting such parking
in designating such areas as fire zones.
L.
Vehicular access between parking areas on adjacent properties, if
allowed by the municipal agency, shall be limited to one opening providing
two lanes of traffic and shall be located as far from the street line
as practical.
M.
In the event that parking is proposed on a lot or site having a slope
greater than 10%, regardless of size, it shall be terraced, utilizing
retaining walls or properly reinforced embankment slopes and providing
for adequate safety, stability and drainage.
(1)
At no time should an embankment slope that is not reinforced,
or any other earthen material having a greater elevation than the
adjacent parking area, have a slope exceeding a ratio of 3:1.
(2)
When retaining walls, terraces, embankment slopes or similar
types of earthen retaining devices are necessitated adjacent to or
within the parking area, they shall be kept in good repair or otherwise
maintained so as to keep the parking area free of debris and dirt.
N.
Required parking spaces for the physically handicapped should be
located to provide convenient access to building entrances by way
of depressed curbs and ramps in accordance with state and Americans
With Disabilities Act (ADA) requirements. The number of parking spaces
for the physically handicapped shall be a minimum of 12 feet in width,
and the number of spaces to be provided shall be determined by the
following table:
|
Required Accessible Parking Spaces
| |
|---|---|
|
Total Parking Spaces in Area
|
Minimum Number of Accessible Spaces to Be Provided*
|
|
1 to 25
|
1
|
|
26 to 50
|
2
|
|
51 to 75
|
3
|
|
76 to 100
|
4
|
|
101 to 150
|
5
|
|
151 to 200
|
6
|
|
201 to 300
|
7
|
|
301 to 400
|
8
|
|
401 to 500
|
9
|
|
501 to 1,000
|
2% of total
|
|
1,001 and over
|
20, plus 1 for each 100 over 1,000
|
|
Notes:
| |
|---|---|
|
*
|
In addition, one in every eight accessible parking spaces (but
not less than one) must be served by an access aisle at least 96 inches
wide and must be designated "van accessible." Provision of all required
spaces in conformance with the "Universal Parking Space Design" which
accommodates both cars and vans is permitted.
|
(1)
Where possible, such spaces shall be located so that persons
in wheelchairs or using braces or crutches are not compelled to wheel
or walk behind parked cars.
(2)
Lines designating the handicapped spaces shall be painted in
yellow paint, and a sign(s) shall be posted and maintained, said sign(s)
to conform to regulations adopted by the Director of Motor Vehicles
and/or be in conformance with N.J.S.A. 39:4-198.
(3)
All signing, pavement markings, depressed curbing and/or ramps
shall be maintained in good and proper condition, including, but not
limited to, the condition of required markings and signs which should
remain distinctly visible at all times.
(4)
Any owner of premises required to provide barrier-free accessible
parking stalls who fails to maintain stalls, curbing, signs or markings
in proper condition shall, upon conviction, be subject to a fine of
not less than $50 nor more than $250. Each day that an owner fails
to satisfy the obligations of this subsection shall constitute a separate
violation and shall be punishable as such.
O.
Parking lots having 50 or less spaces shall be designed in accordance
with the minimum design requirements contained herein.
(1)
A five-foot unbroken landscaping strip along side and rear property
lines. The ten-foot landscaping strips shall have the same minimum
planting requirements as safety islands, except that:
(2)
No more than one two-way access drive or two one-way access
drives shall be permitted on any street.
(3)
Where possible, access drives shall not be located closer than
100 feet from the nearest right-of-way line of an intersecting street.
(4)
No parking stall shall be located to require a vehicle to back
into any portion of the right-of-way in order to enter or exit the
parking stall.
(5)
All parking areas for five or more vehicles shall have artificial
lighting that will provide a minimum lighting level of 0.5 horizontal
footcandle throughout the parking area and access drives. Shielding
shall be required where necessary to prevent glare upon adjacent properties
or streets.
P.
Parking lots which have a capacity for parking more than 50 vehicles
shall be designed in accordance with the minimum design standards
contained herein:
(1)
All the minimum design standards for small parking areas.
(2)
No parking stalls shall utilize the required entrance and exit
drives or major circulation drives as access aisles.
(3)
Wherever feasible, access drives located along one-way streets
or divided highways shall be separate one-way drives. Said drives
shall be located so that vehicles enter the parking area at the beginning
of the property and exit at the far end of the property unless other
considerations, such as a median opening, dictate otherwise.
(4)
Access drives shall not be located closer than 100 feet from
the nearest right-of-way line of an intersecting street, except that
for uses, such as shopping centers, which, in the opinion of the municipal
agency, will generate large traffic volumes, access drives shall not
be located closer than 200 feet from the nearest right-of-way line
of an intersecting street.
(5)
No driveway shall be located less than 10 feet from the side
property line or within 30 feet of an existing drive, whichever is
greater.
(6)
Properties having a frontage in excess of 500 feet on any one
street shall be permitted two-way and one-way access drives providing
for not more than two entrance and two exit movements on the street.
Properties having a frontage in excess 1,000 feet on any one street
may be permitted have additional access drives, subject to the approval
of the Land Use Board.
(7)
Where the municipal agency determines that the total number
of off-street parking spaces required by this chapter may not be immediately
required for a particular use, it may permit a staged development
plan which requires that only a portion of the parking area, but not
less than 75% of the required spaces, be completed initially, subject
to the following regulations:
(a)
The site plan shall clearly indicate both that portion of the
parking area to be initially paved and the total parking needed to
provide the number of spaces required by this chapter.
(b)
The site plan shall provide for adequate drainage of both the
partial and total parking areas.
(c)
The portion of the parking area not to be paved initially shall be landscaped in accordance with § 94-8.6 of this chapter.
(d)
The applicant shall post separate performance guaranties in addition to the performance guaranties required under Article VII of this chapter, which shall reflect the cost of installing the additional parking facilities necessary to provide the total number of parking spaces required.
(e)
In lieu of a permanent certificate of occupancy, a temporary
certificate of occupancy shall be issued for a period of two years.
Prior to the expiration of the two-year period, the applicant may
either install the additional parking shown on the site plan and apply
to the Construction Official for issuance of a permanent certificate
of occupancy or apply to the municipal agency after the use has been
in operation a minimum of 18 months for a determination as to whether
or not the initial parking area provided is adequate.
[1]
If the municipal agency determines that the parking facility
is adequate as originally constructed, the performance guaranties
may be released and a permanent certificate of occupancy issued.
[2]
If, however, the municipal agency determines that the partial
off-street parking area is not adequate, the applicant shall be required
to install the additional parking facilities in accordance with the
terms of the performance guaranties prior to issuance of a permanent
certificate of occupancy.
(f)
Any change of use on a site for which the municipal agency may
have approved a partial paving of an off-street parking area to a
use which requires more parking spaces than are provided on the site
shall require submission of a new site plan.
Q.
The following minimum off-street parking spaces are required:
(1)
Automotive repair garage or body shop: one parking space for
each 400 square feet of gross floor area.
(2)
Automotive sales and service: one parking space for each 400
square feet of gross floor area shall be provided for customer and
employee parking. These areas shall be in addition to areas utilized
for display and storage of vehicles. Site plans shall specify which
parking spaces are designated for customers, employees, display and
storage.
(3)
Automotive service station: five parking spaces for each service
bay, exclusive of vehicle service area. In no instance shall there
be less than five off-street parking spaces.
(4)
Banks, savings and loan associations and similar financial institutions:
one parking space for each 200 square feet of gross floor area.
(5)
Bars, cocktail lounges, nightclubs, including restaurants with
bars: one parking space for each 50 square feet of gross floor area.
(6)
Barber- and beauty shop: three parking spaces for each chair,
if known, but not less than one parking space per 200 square feet
of floor area.
(7)
Bowling alley: three parking spaces for each alley. Other commercial
uses within the same building will be computed separately in accordance
with this section.
(8)
Business offices and mixed office uses: one parking space for
each 250 square feet of gross floor area.
(9)
Car washes: five parking spaces for employees, plus off-street
storage (stacking) space equal to at least five times the number of
cars that can be in the wash process at one time. For self-wash or
self-service car washes, the requirement for employee parking shall
be eliminated.
(10)
Churches, temples or chapels: one parking space for each four
seats in the main congregation seating area. Where no individual seats
are provided, 20 inches of bench shall be considered as one seat.
Where seats or benches are not provided, or are provided only in a
portion of the main congregation seating area, one parking space for
each 50 square feet of floor area within the main congregation seating
area.
(11)
Community center, library, museum, art galleries: one parking
space for each 200 square feet of gross floor area.
(12)
Community clubs, private clubs, lodges: one parking space for
each 100 square feet of gross floor area, plus 1 1/2 spaces for
each boat slip where applicable.
(13)
Drive-in restaurants: one parking space for each 35 square feet
of gross floor area.
(14)
Dwellings:
(a)
Two parking spaces for each single-family dwelling;
(b)
Parking requirements for senior citizen residential development
in the R-1B Zoning District shall be as follows:
[1]
Type of unit and number of spaces.
|
Type of Unit
|
Number of Spaces*
|
|---|---|
|
Assisted living residence
|
0.50
|
|
Efficiency
|
1.00
|
|
1-bedroom
|
1.25
|
|
2-bedroom
|
1.50
|
|
Notes:
| |
|---|---|
|
*
|
These parking standards may be reduced if the development is
restricted to occupants 65 years of age and over. Parking for projects
for residents 65 years of age and older may be based upon New Jersey
Housing Mortgage Finance Agency or the U.S. Department of Housing
and Urban Development standards for comparable uses.
|
(c)
Garage parking spaces in senior citizen residential developments
shall be counted as one space for each vehicle housed within the garage.
Tandem parking spaces in front of a garage shall not be counted as
a parking space for determining the total number of parking spaces.
(d)
In a senior citizen residential development, common parking
spaces with accessible guest parking of one space for every five selling
units in the areas to be served shall be provided.
(15)
Dental or medical office: one parking space for each 100 square
feet of gross floor area; except that, if located within a building
housing three or more separate, unassociated practitioners, the requirement
shall be one parking space for each 150 square feet of gross floor
area.
(16)
Furniture and appliance store or similar type of use requiring
large amounts of storage: one parking space for each 400 square feet
up to 4,000 square feet, plus one parking space for each 800 square
feet of gross floor area above 4,000 square feet.
(17)
Government office: to be determined by the Land Use Board, except
that governmental offices within privately owned buildings shall provide
a minimum of one parking space for each 150 square feet of gross floor
area.
(18)
Hardware and auto supply store: one parking space for each 400
square feet of gross floor area.
(19)
Hotel and motel: one parking space for each rental unit. Each
commercial use within the building shall be computed separately according
to the requirements for such use set forth herein. The Land Use Board
may allow up to 50% of the required parking for commercial uses in
the hotel or motel to be satisfied by guest room parking.
(20)
Laundromat or similar coin-operated cleaning: one parking space
for each 200 square feet of gross floor area.
(21)
Manufacturing or industrial establishment, research or testing
laboratory, bottling plant or similar use: one parking space for each
500 square feet of gross floor area.
(22)
Meeting room or assembly or exhibition hall: one parking space
for each 50 square feet of gross floor area.
(23)
Mortuary and funeral home: one parking space for every 100 square
feet of gross floor area.
(24)
Nursery school, day camp or similar use: one parking space for
each 500 square feet of gross floor area.
(25)
Nursing, convalescent or rest home: one space per each three
beds, plus one space for each two employees, including nurses and
staff.
(26)
Professional office (other than medical): one parking space
for each 200 square feet of gross floor area.
(27)
Public and private utility, electrical substation, gas regulator,
waterworks, pumping station and similar facility: to be determined
by the Land Use Board based on the specific need of the use.
(28)
Restaurant, cafe and diner: one parking space for each 50 square
feet of gross floor area.
(29)
Recreation facility: Those not specifically mentioned herein
shall be determined by the Land Use Board.
(30)
Retail store, except as otherwise specified: one parking space
for each 150 feet of gross floor area.
(31)
Studio: art, music, dance, gymnastics and similar for the purpose
of giving instruction rather than shows or exhibitions: one parking
space for each 100 square feet of gross floor area.
(32)
Shopping center: 4.5 spaces for each 1,000 square feet of gross
floor area. If more than 5% of the enclosed gross floor area of any
shopping center is occupied by malls, lobbies, corridors, heating
plants or other space not utilized for direct commercial purposes,
which, in the opinion of the Land Use Board, will not generate a need
for parking, the Land Use Board shall allow the parking required to
be based on the gross leasable area of the shopping center at the
above rate. The "gross leasable area," for the purposes of this chapter,
shall be defined as the total floor area designed for tenant occupancy
and exclusive use, including basements, mezzanines and upper floors.
(33)
Theaters: one parking space for each 35 square feet of gross
floor area.
(34)
Veterinary clinic or hospital or animal care facility: one parking
space for each 400 square feet of gross floor area.
(35)
Warehouse, wholesale, machinery or large equipment sales: one
parking space for each 1,500 square feet of gross floor area, plus
one parking space for each vehicle used in connection with the business.
(36)
Enclosed garage: At least one enclosed garage must be provided
for each dwelling unit constructed.
(37)
Existing buildings: None of the off-street parking facilities
as required in this chapter shall be required for any existing buildings
or use, unless said buildings or use shall be enlarged, altered, amended
or changed.
R.
In computing the number of the above required parking spaces, the
criteria contained herein shall apply:
(1)
Where fractional spaces result, the required number shall be
construed to be the nearest whole number.
(2)
The parking space requirements for a use not specifically mentioned
herein shall be the same as required for a use of similar nature as
determined by the municipal agency upon that use mentioned. If there
is no use enumerated herein having sufficient similarity to the use
proposed to enable the municipal agency to establish rational parking
requirements, the municipal agency may, in its discretion, direct
the applicant to furnish the municipal agency with such data as may
be necessary to enable the municipal agency to establish rational
parking requirements.
(3)
Nothing in the above requirements shall be construed to prevent
the joint use of off-street parking facilities by two or more uses
on the same site, provided that the total of such spaces shall not
be less than the sum of the requirements for various individual uses
computed separately by the above requirements. The collective provisions
of off-street parking facilities by two or more buildings or uses
located on adjacent lots is permitted, provided that the total of
such off-street parking facilities shall not be less than the sum
of the requirement for the various individual uses computed separately
in accordance with the standards contained in this chapter, and further
provided that the land is owned by one or more of the collective users.
A.
Public open space or common open space shall be proposed
to be provided in conjunction with applications for development for
subdivisions or site plans in accordance with requirements contained
herein.
B.
Natural features, such as trees, brooks, hilltops
and views, shall be preserved whenever possible in designing any subdivision
containing such features.
C.
If the Master Plan or the Official Map provides for
the reservation of designated streets, public drainageways, flood
control basins or public areas within the proposed development, before
approving a subdivision or site plan, the municipal agency may further
require that such streets, ways, basins or areas be shown on the plat
in locations and sizes suitable to their intended uses.
(1)
The municipal agency 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 within
such further time as may be agreed to by the developer.
(2)
Unless during such period or extension thereof
the Borough shall have entered into a contract to purchase or institute
condemnation proceedings according to law for the 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.
(3)
The provisions of this section shall not apply
to streets and roads, flood control basins or public drainageways
necessitated by the subdivision or land development as required for
final approval.
(4)
The developer shall be entitled to just compensation
for actual loss found to be caused by such temporary reservation and
deprivation of use.
(a)
In such instance, unless a lesser amount has
previously been mutually agreed upon, just compensation shall be deemed
to be the fair market value of an option to purchase the land reserved
for the period of reservation, provided that determination of such
fair market value shall include, but not be limited to, consideration
of the real property tax apportioned to the land reserved and prorated
for the period of reservation.
(b)
The developer shall be compensated for the reasonable
increased cost of legal, engineering or other professional services
incurred in connection with obtaining subdivision approval or site
plan approval, as the case may be, caused by the reservation.
(5)
Any land shown on the Master Plan as proposed
for park, playground, school site or other public use shall be designated
and reserved for such use.
D.
Where it is considered appropriate by the municipal
agency, portions of proposed open spaces may be designated for passive
and/or active recreational activities.
(1)
Passive recreational activities may include,
but are not limited to, pedestrian paths, bicycle paths, sitting areas
and naturally preserved areas.
(2)
Active recreation activities may include, but
are not limited to, swimming pools, tennis courts and ballfields.
(3)
The location and shape of any land to be designated
for recreational activities shall be approved by the municipal agency
based on, but not limited to, the standards contained herein:
(a)
The municipal agency shall consider the natural
topography and shall attempt to preserve the same to the greatest
extent possible.
(b)
The municipal agency shall attempt to tailor
the location and shape of recreational areas to harmonize with the
shape of the entire development.
(c)
The municipal agency shall consider the extent
to which specific recreational areas shall be used for passive or
active recreational purposes.
(d)
The municipal agency shall consider the sequence
of development.
E.
Within open space areas, the municipal agency may
require a developer to make certain site preparation improvements,
which may include, but are not limited to, those contained herein:
F.
Open space areas shall be subject to these requirements:
(1)
Open space areas should not be less than 50
feet in width at any location, except, where such open space is to
be utilized primarily for walkway access from a public street to the
open space at the rear of building lots, it may have a minimum width
of 20 feet for a length not to exceed 250 feet.
(2)
Where possible, certain land areas and features
as follows shall be preserved as open space:
(a)
Floodway and flood hazard areas.
(b)
Areas containing a significant number of trees
12 inches or greater in diameter.
(c)
Existing watercourses or ponds.
(d)
Land with a seasonal high-water table of less
than two feet.
(e)
Wetlands as defined by the New Jersey Wetlands
Act of 1970 and the Freshwater Wetlands Act of 1987[1] and delineated on wetlands maps prepared by the New Jersey
Department of Environmental Protection and Energy or delineated in
accordance with N.J.A.C. 7:7A.
[Amended 12-13-1993 by Ord. No. 670]
[1]
Editor's Note: See N.J.S.A. 13:9A-1 et seq.
and N.J.S.A. 13:9B-1 et seq.
G.
The type of ownership of land dedicated for open space
purposes shall be selected by the owner, developer or subdivider subject
to the approval of the municipal agency.
(1)
These shall include:
(a)
The Borough of Shrewsbury, subject to acceptance
of the Borough Council.
(b)
Other public jurisdictions or agencies, subject
to their acceptance.
(c)
Quasi-public organizations, subject to their
acceptance.
(d)
Homeowners' or condominium associations or organizations.
(e)
Shared, undivided interest by all property owners
in the development.
(2)
Any lands dedicated for open space purposes
shall contain appropriate covenants and deed restrictions approved
by the municipal agency, which ensure that:
(3)
No final approval of a subdivision or site plan containing open space created pursuant to this section shall be granted until the developer has submitted, and the municipal agency has approved, the master deed for such open space and the bylaws of the organization established pursuant to § 94-8.27H below.
H.
The Borough or other governmental agency may, at any
time and from time to time, accept the dedication of land or any interest
therein for public use and maintenance, but the municipal agency shall
not require, as a condition of approval, that land proposed to be
set aside for common open space be dedicated or made available to
public use.
(1)
The developer shall provide for an organization
for the ownership and maintenance of any open space for the benefit
of owners or residents of the development, if said open space is not
dedicated to the Borough or other governmental agency.
(a)
Such organization shall not be dissolved and
shall not dispose of any open space, by sale or otherwise, except
to an organization conceived and established to own and maintain the
open space for the benefit of such development.
(b)
Thereafter, such organization shall not be dissolved
or dispose of any of its open space without first offering to dedicate
the same to the Borough.
(2)
In the event that such organization shall fail
to maintain the open space in reasonable order and condition, the
administrative officer (Zoning Officer) may serve written notice upon
such organization or upon the owners of the development setting forth
the manner in which the organization has failed to maintain the open
space in reasonable condition.
(a)
Said notice shall include a demand that such
deficiencies of maintenance be cured within 35 days thereof and shall
state the date and place of a hearing thereon which shall be held
within 15 days of the notice.
(b)
At such hearing, the administrative officer
(Zoning Officer) may modify the terms of the original notice as to
deficiencies and may give a reasonable extension of time not to exceed
65 days within which they shall be cured.
(c)
If the deficiencies set forth in the original
notice or in the modification thereof shall not be cured within said
35 days or any permitted extension thereof, the Borough, in order
to preserve the open space and maintain the same for a period of one
year, may enter upon and maintain such land. Said entry and maintenance
shall not vest in the public any rights to use the open space by the
owners.
[1]
Before the expiration of said year, the administrative
officer (Zoning Officer) shall, upon his initiative or upon the request
of the organization theretofore responsible for the maintenance of
the open space, call a public hearing upon 15 days' written notice
to such organization and to the owners of the development to be held
by the administrative officer (Zoning Officer), at which hearing such
organization and the owners of the development shall show cause why
such maintenance by the Borough shall not, at the election of the
Borough, continue for a succeeding year.
[2]
If the administrative officer (Zoning Officer)
shall determine that such organization is ready and able to maintain
said open space in reasonable condition, the Borough shall cease to
maintain said open space at the end of said year.
[3]
If the administrative officer (Zoning Officer)
shall determine that such organization is not ready and able to maintain
said open space in a reasonable condition, the Borough may, in its
discretion, continue to maintain said open space during the next succeeding
year, subject to a similar hearing and determination, in each year
thereafter.
[4]
The decision of the administrative officer (Zoning
Officer) in any such case shall constitute a final administrative
decision subject to judicial review.
(d)
The cost of such maintenance by the Borough
shall be assessed pro rata against the properties within the development
that have a right of enjoyment of the open space in accordance with
assessed value at the time of imposition of the lien and shall become
a lien and tax on said properties and be added to and be a part of
the taxes to be levied and assessed thereon and enforced and collected
with interest by the same officers and in the same manner as other
taxes.
Where recreation areas and facilities are required or provided, the regulations and standards contained herein shall apply, along with appropriate sections of § 94-8.27 of this chapter.
A.
Sufficient outdoor play and activity equipment shall
be installed in accordance with standards of the National Parks and
Recreation Association for the expected number of residents in the
development.
B.
Private swimming pools in residential areas shall
have a gross area of water and deck designed for the needs of the
residents of the development.
(1)
All swimming pools shall be fully enclosed by
a four-foot chain-link or other fully approved fence equipped with
gates and locks.
(2)
All swimming pools shall have adequate lifesaving
equipment.
(3)
Within accessory building(s), all such pools
shall have adequate lavatory facilities, plus, under lock and key,
storage facilities wherein shall be kept all pool chemicals and equipment.
In order to preserve and assure the harmonious
relationship of residential units to the comprehensive neighborhood
pattern and to prevent undue similarity of design which may lead to
undue impairment of the stability and value of residential units and
produce neighborhood degeneration and blight with attendant deterioration
of conditions affecting the health, safety, morals and general welfare
of the inhabitants thereof and the ownership at large, no major subdivision
shall be approved until the planned construction (including front,
side and rear elevations) of residential units has been reviewed and
approved by the Design Committee in accordance with the standards
enumerated below, or unless a waiver of these requirements has been
granted by the municipal agency as provided for elsewhere in this
chapter.
A.
The residential unit shall be of such character, quality
or architectural design and construction materials as will assure
that the proposed structure will be in keeping with the general character
of the area in which it is located and that:
(1)
The proposed structure will have a harmonious
relationship with area residential structures; and
(2)
The proposed structure is not likely to produce
any of the harmful effects which lead to neighborhood degeneration
and blight with attendant deterioration of conditions affecting the
health, safety, morals and general welfare of the Borough at large.
B.
The front facade for each residential unit shall be
substantially different from the front facade of any existing or planned
residential unit within five lots in either direction on the same
side of the street from any portion of the above-described lots; in
the case of the corner lots, the side and rear elevations of any existing
or planned residential unit or any other corner lot at the same street
intersection. To be deemed substantially different, the facade or
side and rear elevation thereof, as the case may be, must be different
in at least three of the following five respects:
(1)
The relative location of a garage, if attached,
a portico, if any, or any other such structural appurtenance with
respect to the residential unit itself.
(2)
The relative location or type of windows and
doors.
(3)
The type or pitch of the roof.
(4)
The type of siding material.
(5)
The type of roofing material or the color thereof
or the pattern.
A.
Roadways and all appurtenances, including subgrade,
subbase, base courses and pavements, shall be constructed in accordance
with the applicable requirements of the standard specifications as
modified herein. All subsurface utilities, including service connections
(terminating at least two feet behind the sidewalk), to each lot and
all storm drains shall be installed in all roadway areas prior to
the construction of final pavement surfaces.
B.
All roadways shall be constructed with either a bituminous
concrete flexible pavement structure or a portland cement concrete
rigid pavement structure. Only one type of pavement shall be utilized
throughout any development.
C.
The pavement structure design for each particular
development utilizing either a flexible or rigid pavement type must
be approved by the Borough Engineer.
(1)
The pavement design shall be based upon traffic
loading projections and field sampling and laboratory analysis of
the subgrade soils to be encountered in roadway areas in the development
and shall follow current design recommendations of the Asphalt Institute,
the Portland Cement Concrete Association or such other generally recognized
standards as may be acceptable to the Borough Engineer.
(a)
As minimum requirements, rigid portland cement
paving shall be expansion-joint-type paving utilizing joints similar
to Type A expansion joints, according to the Standard Construction
Details of the New Jersey Department of Transportation.
(b)
Such paving shall be reinforced, constructed
with Class B air-entrained concrete and shall have a minimum thickness
of 6 1/2 inches for local, local collector and minor collector
streets and eight inches for other classifications.
(2)
Pavement on local, local collector and minor
collector streets shall be a five-inch compacted thickness of bituminous
stabilized base course with one-and-one-half-inch compacted thickness
of bituminous concrete surface course. On all other streets, not county
or state maintained, the pavement should be a six-inch compacted thickness
of bituminous stabilized base course with a two-inch compacted thickness
of bituminous concrete surface course.
D.
All subgrade shall be prepared in accordance with
the applicable requirements of the standard specifications for bituminous
concrete and reinforced concrete pavements.
E.
Where granular subbase courses are included in the
pavement design section proposed by the developer, they shall be constructed
in accordance with the applicable requirements of the standard specifications.
(1)
Bituminous concrete pavements and stabilized
bases may be constructed on subgrade without subbase or aggregate
base courses, provided that the subgrade can be satisfactorily prepared
as hereinbefore described.
(2)
Dense graded aggregate base courses shall comply
with the requirements of the Standard Specifications for Soil Aggregate,
Type 5, Class A or Type 2. Class A or B.
(3)
Portland cement concrete pavements must be constructed
with a minimum of six inches of a granular-type subbase meeting the
requirements of the Standard Specifications for Soil Aggregate, Type
4, Class E.
(4)
Any subbase course of aggregate base course
to be utilized with any type of pavement shall have a minimum thickness
of four inches.
F.
Bituminous base course for use with bituminous concrete
pavements shall consist of plant-mixed bituminous stabilized base
course (stone mix or gravel mix) in accordance with the requirements
of the standard specifications, except that the requirements for the
construction of the base course shall be amended to allow the laying
of the base course with a single-lift maximum thickness not exceeding
four inches. Prior to placement of any bituminous stabilized base
course, the finished surface of any underlying subbase or aggregate
base shall receive a prime coat in accordance with the requirements
of the standard specifications.
G.
Bituminous pavements shall consist of a bituminous
concrete surface course Type FABC-1, in accordance with the requirements
of the standard specifications.
(1)
The bituminous pavement wearing surface should
generally not be installed until just prior to the time the streets
are prepared for final acceptance.
(a)
Prior to the installation of a bituminous concrete
surface, the bituminous base course shall be inspected by the Borough
Engineer.
(b)
Any areas of the base course in need of repair
shall be removed and replaced at the direction of the Borough Engineer.
(c)
If the Borough Engineer directs, a leveling
course of FABC material shall be placed on any uneven or below grade
base courses prior to the placement of finished pavement.
(2)
No pavement surfaces shall be placed unless
permission to do so has been granted by the Borough Engineer.
H.
Concrete pavements shall be constructed in accordance
with the requirements of the standard specifications.
I.
In areas where alternate pavement-types are proposed
or desired either for decorative purposes, because of physical restrictions
or existing conditions or because of limitations or shortages in certain
types of construction materials, a detail of the type and/or location
of alternate pavement-types proposed shall be submitted for approval
with the preliminary and/or final plat.
(1)
The use of alternate pavement-types may only
be permitted if the applicant submits for review and approval details
and specifications concerning the equipment, materials and methods
proposed for use and if the Borough Engineer has inspected the installation
of and tested and approved of a suitable sample section of such pavement.
(2)
In the event that the Borough Engineer does
not approve the sample section of pavement, the developer shall remove
the same section and replace it with a type of pavement permitted
by this chapter or such other alternate as may be approved by the
municipal agency.
[Amended 4-9-1990 by Ord. No. 606]
A.
When utilitarian devices, machinery, motors, generators,
transformers, meters or antennas are placed outside or on top of any
structure, they shall be screened from public view. This screening
shall consist of either:
(1)
Densely planted evergreen shrubs which shall
grow to not less than five feet after one growing season;
(2)
A solid and uniform fence at least five feet
in height on four sides of said equipment;
(3)
A masonry wall at least five feet in height
on four sides of said equipment;
(4)
Extensions of parapet walls or mansard rooflines
or structural or ornamental screens or baffles; or
(5)
Any similar type of solid or uniform screening
which will prevent exposure of such equipment to public view.
B.
All installations shall be painted in colors that
blend with the surroundings.
C.
The above requirements shall not be construed to prevent
an opening in any required screening for maintenance or operating
purposes. However, any such opening shall be made as inconspicuous
as is possible so as not to present any unsightly display of said
equipment to public view.
D.
All structures shall be visually screened with plant
materials on all sides and to their full height up to a height of
36 feet. The area in front of a satellite dish antenna's reception
window need not be screened. Screening shall include evergreen trees,
tall evergreen shrubs and low evergreen shrubs designed to provide
total obscuration at maturity. All plants shall be installed at not
less than 1/3 of the required height.
A.
Prior to the approval of any final plat, the full
approval of any sanitary sewage disposal system must have been obtained
from the Northeast Monmouth County Regional Sewerage Authority and
filed with the municipal agency, or the final approval will be conditioned
upon full approval of the Northeast Monmouth County Regional Sewerage
Authority.
B.
The public sewage disposal system shall be installed
in accordance with the rules and regulations of the New Jersey Board
of Public Utility Commissioners and in accordance with other requirements
of law and subject to the approval of the Northeast Monmouth County
Regional Sewerage Authority.
A.
Sidewalk construction shall be required on both sides
of all streets within a development and entirely around the perimeter
of all culs-de-sac. Where the development abuts an existing street,
the sidewalk shall be constructed only on that side. Sidewalks shall
also be constructed at any other places, such as pedestrian walkways
or access points to open space, as shown on or required at the approval
of the final plat.
(1)
Installation of sidewalks may be waived by the
Planning Board or Zoning Board of Adjustment, with the written permission
of the Borough Council, at the request of the developer or on its
own initiative, provided that, upon granting such a waiver, the developer
shall be required to pay the Borough of Shrewsbury an amount equal
to the reasonable cost of installing said sidewalks, said amount to
be determined by the Borough Engineer upon submission and consideration
of various estimates and other documentation from the developer, other
interested parties and the office of the Borough Engineer itself.
(2)
All funds collected by the Borough from developers
as a result of waivers granted in accordance with this subsection
shall be maintained in a sidewalk construction account, the proceeds
of which shall be available to install sidewalks throughout the Borough
where and as authorized by the Borough Council.
(3)
Nothing contained herein shall affect the right
of the Borough to enact ordinances requiring assessments for sidewalks
from property owners as authorized under N.J.S.A. 40:65-2 or other
statutory rights granted to municipalities.
B.
Sidewalks within street rights-of-way shall generally
be located with the sidewalk edge farthest from the roadway placed
one foot from the property line. Sidewalks not within street rights-of-way
shall be located to provide for the most likely routes of pedestrian
travel. In cases where the topography dictates or a proposed development
provides for the extension of an existing street or abuts an existing
street, where sidewalks have already been installed in a location
other than as specified above or where such variations in sidewalk
locations are needed to preserve trees or natural features, the municipal
agency may approve alternate sidewalk locations in order to provide
for the preservation of physical features or the continuation of the
existing sidewalks.
C.
Sidewalks shall be four feet wide and four inches
thick of Class B, air-entrained portland cement concrete. Joints shall
be cut in the sidewalk at intervals equal to the width of the sidewalk.
Preformed cellular bituminous expansion-joint filler shall be placed
at joints not more than 20 feet on centers.
D.
Curb ramps for the physically handicapped shall be
provided at all curb returns on the side(s) of the street where the
sidewalk either exists or is proposed and in all curblines intersected
by sidewalk. The ramps shall be constructed in accordance with the
details shown in Figure 8A or 8B.[1] Details of the proposed ramps shall be shown on the preliminary
plans of the proposed development.
[1]
Editor's Note: Figures 8A and 8B are included as attachments to this chapter.
A.
General provisions.
(1)
Any signs not specifically permitted are hereby
prohibited.
(2)
No signs, except window or special event signs,
shall be placed on private or public property except for the purpose
of identifying a use or uses actually conducted upon the premises
upon which such signs are erected and for no other purpose.
(3)
No sign shall be located in such a manner as
to materially impede the view of any street or intersection.
(4)
Except where otherwise provided, no sign or
any part thereof shall be located closer than 20 feet to any lot line.
(5)
All height limitations shall be measured from
ground level to the highest part of the sign or its supporting structure,
whichever is higher.
(6)
The maximum height for freestanding signs, unless
otherwise provided, shall not exceed 10 feet above ground level.
(7)
Except where specifically prohibited, all signs
may be double-faced, and the maximum area shall apply to each side.
The area of the sign shall include each and every part of the sign,
including moldings and frames. Where the sign is supported by a post
or pylon whose surface is being used for advertising purposes, the
areas of this post, pylon or other supporting members shall be considered
as part of the total sign area.
(8)
Wherever the name or advertising message on
a sign is divided between a number of panels or parts, the total area
of all of the panels or parts shall be considered as one sign, and
where a sign consists of individual letters or numbers, the area of
the sign shall be considered as the total area of the smallest rectangle
or rectangles which can collectively enclose all of the letters or
numbers.
(9)
Signs erected flat against the side of a building
shall not extend above the height of the vertical wall or cornice
to which they are attached.
(10)
No permanent marquees or canopies shall be permitted.
(11)
Unless specifically prohibited, all signs may be illuminated as provided for in Subsection E below.
(12)
Whenever a parcel is bordered by more than one
street, additional signage may be permitted by the municipal agency,
in accordance with the standards of this section, for each major street
upon which the parcel fronts.
B.
Permits.
(1)
All signs and advertising displays other than
those expressly excluded herein shall require sign permits. To obtain
such permits, the owner of the proposed sign shall make application
to the Zoning Official on forms provided by him. The applicant shall
also provide all plans and specifications of the proposed construction
as provided below.
[Amended 5-6-2002 by Ord. No. 795]
(2)
Application should first be made to the Zoning
Officer for issuance of a sign permit accompanied by a fee of $35
by check or cash payable to the order of the Borough of Shrewsbury,
which fee shall not be returnable for any reason. It shall be the
responsibility of Zoning Official to determine whether the proposed
signs will be in compliance with all the provisions of this section
and all other laws and ordinances of the Borough and that the same
will be erected in such manner as not to constitute any hazard to
the public or not likely to cause damage to property. The Zoning Official
shall approve or deny the issuance of a sign permit within 30 days
of the receipt by him of the completed application form and fee. In
the event that the Zoning Official approves the issuance of the sign
permit, he shall promptly forward the same to the applicant. In the
event that the Zoning Official denies permission, the Zoning Official
shall so notify the applicant. Upon such denial, the applicant may
appeal the determination of the Zoning Official, pursuant to § 94-3.2K(1)
of this chapter and all other applicable sections thereof. If the
work authorized under a sign permit shall not be completed within
one year after the date of its issuance, the permit shall become null
and void.
[Amended 5-6-2002 by Ord. No. 795; 10-5-2020 by Ord. No. 1076]
(3)
Application for zoning permit shall be made
in duplicate on forms to be furnished by the Borough. The application
shall contain the following information hereinafter set forth.
[Amended 5-6-2002 by Ord. No. 795]
(a)
The name, address and telephone number of the
owner of the premises upon which the sign is sought to be erected,
and if the applicant is a person other than the owner, then the applicant,
in addition, shall set forth his, her or its name, address and telephone
number as well as his, her or its relationship to the owner.
(b)
The name of the person, firm, corporation or
association erecting the sign.
(c)
Written consent of the owner of the building,
structure or land to which or on which the sign is to be erected,
if the applicant is other than the owner.
(d)
Attached to each copy of the application shall
be a sketch plat prepared by the applicant or on his behalf which
shall include the following information:
[1]
The location of the premises on which the sign
is to be erected, in relation to surrounding properties, and showing
the Tax Map, block and lot numbers of said premises along with the
names of the owners of all adjoining properties and their respective
Tax Map, block and lot numbers and the names of all streets which
abut said premises.
[2]
The location and dimension of all boundary lines
of the premises.
[3]
The location and dimensions of all buildings
and structures, including existing signs, on said premises, showing
their respective setbacks from the boundary lines.
(e)
Also attached to each copy of the application
shall be an additional sketch prepared by the applicant or on his
behalf which shall include the following information:
[1]
A diagram of the proposed sign, with all its
dimensions and height above ground shown and a description of the
message, trademark, symbol or insignia to be contained thereon. Sample
signs which are considered aesthetically acceptable by the Borough
of Shrewsbury are shown on the reverse side of the application form.
[2]
The method and materials of construction of
said sign, including the mode of illumination, if any, and the manner
in which it will be connected to the ground or building. In any business,
commercial or industrial zone, this information shall be supplied
by virtue of being set forth in blueprint plans.
(4)
Nonconforming signs.
(a)
Continuance. Except as otherwise provided in
this section, the lawful use of any sign existing at the date of the
adoption of this chapter may be continued, although such sign does
not conform to the regulations specified by this section for the said
sign; provided, however, that no nonconforming signs shall be enlarged,
extended or increased or changed in material, character, location
or illumination.
(b)
Abandonment. A nonconforming sign shall be presumed
to be abandoned when there occurs a cessation of any use or activity
pursuant to this chapter.
(c)
Restoration. If any nonconforming signs shall
be destroyed by reason of windstorm, fire, explosion or other act
of God or the public enemy, to the extent in excess of 50% of its
then true value, said sign shall not be rebuilt or reconstructed except
in conformance with the provisions of this section.
(d)
Reversion. No nonconforming sign shall, once
changed into a conforming sign, be changed back again into a nonconforming
sign.
C.
Construction.
(1)
All signs shall conform to the structural requirements
of the New Jersey Uniform Construction Code.
(2)
Following the issuance of a sign permit, an application for a construction permit shall be made to the Construction Official. It shall be the responsibility of the Construction Official to ensure that the sign shall be erected in accordance with the provisions of the Uniform Construction Code. In the event the Construction Official approves the issuance of a construction permit, he shall promptly forward the same to the applicant upon payment of the fee as specified by Chapter 88 of the Code of the Borough of Shrewsbury.
[Amended 5-6-2002 by Ord. No. 795]
(3)
Any sign attached flat against the surface of
a building shall be constructed of durable material and attached securely
to the building with nonrusting metal hardware. When a sign is to
be installed on a masonry building, holes shall be drilled in the
masonry and proper nonrusting hardware of the expansion type shall
be used. The use of wood or fiber plugs is prohibited. Freestanding
signs shall be set securely in the ground or concrete so that the
sign will be capable of withstanding high winds. No other bracing
or guy wire shall be permitted.
(4)
Any sign attached flat against the surface of
a building shall be constructed of durable material and attached securely
to the building with nonrusting metal hardware. When a sign is to
be installed on a masonry building, holes shall be drilled in the
masonry and proper nonrusting hardware of the expansion type shall
be used. The use of wood or fiber plugs is prohibited.
D.
Maintenance. If the Construction Official shall find
that any sign is unsafe, insecure or in need of repair or is not maintained
in proper painted condition, the Construction Official shall give
written notice to the permittee thereof. If the permittee fails to
repair or remove it within 10 days after such notice, such sign may
be removed in order to comply by the Construction Official at the
expense of the permittee or owner of property on which it is located.
The Construction Official may cause any sign or other advertising
structure which is an immediate peril to persons or property to be
removed summarily at the expense of the permit holder or owner of
the premises upon which the sign is located and without notice to
said persons. The owner of any sign or other advertising structure
in the Borough shall have the same painted at least once every two
years in all its parts, including the supports of said sign. Any parts
consisting of rustless metal and so manufactured as not to required
painting need not be painted, except that, if once painted, the same
shall be maintained as other painted signs.
E.
Illumination
[Amended 12-13-1994 by Ord. No. 702; 5-6-2002 by Ord. No.
795]
(1)
Wiring for illuminated signs shall be installed
and maintained in accordance with the Electrical Code of the Borough.
Any fee for an electrical inspection shall be in addition to the fee
provided for in the sign permit.
(2)
Where illuminated signs are permitted, illumination may be provided by incandescent floodlights, spotlights or ordinary incandescent bulbs, fluorescent tubes; mercury vapor, metal halide, quartz or high pressure sodium lamps. Gas-filled light tubes shall be permitted for indirect illumination and for internally lighted or diffused lighting of exterior signs. Gas-filled light tubes shall not be permitted as visual signage or as part of the exposed sign fascia for exterior signs. Gas-filled light tubes may be utilized for indoor window signs, provided that such signs are not flashing, rotating, live action, animated or moving signs of any kind or which contain reflective elements which sparkle or twinkle from sunlight or lighting. Regardless of the type of illumination employed, all illuminated signs shall be properly shielded and so located as to prevent glare or blinding effects upon motor vehicle traffic and so as not to cause a nuisance to residents of the area. Applicant shall submit the specifications for the mode of illumination, if any, in accordance with the provisions of § 94-8.22, Lighting. This information shall be supplied by virtue of being set forth in blueprints.
(3)
Whenever the Zoning Officer determines that
the lighting on any sign now or hereafter erected constitutes a safety
hazard to motor vehicle traffic in the vicinity, he shall serve written
notice of his determination upon the property owner and owner of the
sign, directing them to correct the condition with 15 days from the
date of the mailing of the notice. Failure to correct the condition
or file an appeal within the time specified shall constitute a violation
of this section by both the sign owner and property owner.
F.
Signs permitted without a permit. The following signs
shall be permitted in any zone in the Borough without a permit:
(1)
Nonilluminated directional signs identifying
parking areas, loading zones, entrances, exits and similar locations.
The signs may include a business name or professional name but shall
not include any advertising message and shall not exceed three square
feet.
(2)
Temporary and permanent traffic signs and signals
installed by the Borough, county or state for the purpose of directing
and regulating the flow of traffic.
(3)
Signs indicating public transportation stops
when installed by the Borough or a public transportation utility.
(4)
Historical tablets, cornerstones, memorial plaques
and emblems which do not exceed six square feet in area and which
are installed by government agencies or civil religious organizations.
(6)
The name and number plates identifying residents
and affixed to a house, apartment or mailbox, not exceeding 50 square
inches in area.
(7)
Lawn signs identifying residents, not exceeding
1 1/2 square feet in area for each side. The signs shall not
contain any advertising message and shall be nonilluminated, except
by a light which is an integral part of a lamppost if used as a support.
(8)
Signs posted by governmental agencies or pursuant
to governmental statute, order or regulation.
(9)
Signs which are an integral part of vending
machines, including gasoline pumps and milk machines, provided that
they do not exceed two square feet in area.
(10)
Real estate signs, announcing the sale, rental
or lease of the premises on which the sign is located, such sign not
to exceed four square feet in area. If double-faced, the sign shall
not exceed eight square feet in area for both sides. The sign shall
be nonilluminated. Such sign shall not be closer to the lot line than
1/2 the distance between the building line and the lot line, as defined
by this chapter. Such signs shall not be located closer to other such
signs than one in every 200 feet, measured either along the front
of a lot or along the depth of a lot.
(10.1)
Real estate open house signs.
[Added 8-3-2009 by Ord.
No. 931; amended 3-1-2010 by Ord.
No. 938]
(a)
Real estate open house signs shall be permitted, provided that such
signs must be placed in the public right-of-way only and shall not
block any sight triangles.
(b)
These signs shall not be larger that four square feet for one-sided
signs or eight square feet for double-sided signs, and the top of
each such sign shall not be higher than 30 inches above the ground.
The use of any balloons or streamers attached to such signs is strictly
prohibited.
(c)
If the open house is being conducted by a real estate licensee, the
sign or signs shall contain the name, address and telephone number
of the licensee.
(d)
Real estate open house signs shall only be displayed on Sundays between
11:00 a.m. and 5:00 p.m. Open house signs shall be removed immediately
upon the end of the event or at 5:00 p.m., whichever is earlier.
(11)
Temporary signs or other advertising materials
attached to a window shall be removed at the expiration of the event
sale for which it was erected or posted. Not more than 20% of the
square footage of any single window or single window display area
shall be devoted to signs or other advertising material attached thereto
or otherwise exposed to public view.
(12)
Temporary signs for advertising public functions
or fund-raising events for charitable or religious organizations shall
be permitted for a period of 21 days prior to and during the event
and shall be removed within five days after the event. The sign shall
be nonilluminated, not larger than 12 square feet in area, not exceeding
eight feet in height and may be erected flat against the building
or freestanding.
(13)
Temporary political signs, which shall be removed
five days after the election. Political signs shall not exceed six
square feet in area nor four feet in width.
[Amended 9-15-2008 by Ord. No. 919]
G.
Prohibited signs. The following signs are prohibited
in all zones in the Borough.
(1)
Signs using red, yellow and green lights which,
in the judgment of the Chief of Police, interfere with the operation
of any traffic control signal.
(2)
Moving or revolving signs and signs using blinking,
flashing, vibrating, flickering, tracer or sequential lighting.
(3)
Signs using neon lights or any material which
sparkles or glitters, but nothing herein contained is intended to
prohibit the use of reflective paint on signs directing traffic or
identifying various locations within a lot or parcel.
(4)
Any sign which, in the judgment of the Chief
of Police, unreasonably tends to distract drivers or otherwise constitutes
a traffic hazard.
(5)
Roof signs.
(6)
Signs or advertising matter of an indecent or
obscene nature.
(7)
Signs using words, such as "stop," "look," "danger,"
etc., which are placed in a manner or position which, in the judgment
of the Chief of Police, constitute a traffic hazard or otherwise interfere
with the free flow of traffic.
(8)
Signs which attempt to imitate or otherwise
cause confusion with existing signs erected by any governmental board,
body or agency.
(9)
Except where specifically permitted, signs advertising
a product or service not sold on the premises, signs advertising or
directing attention to another premises and any other signs unrelated
to the premises on which the sign is erected.
(10)
Signs causing interference with radio or television
reception.
(11)
Signs obstructing doors, fire escapes or stairways
or keeping light or air from windows used for living quarters.
(12)
Flags, banners, strings of banners, pinwheels,
A-type signs, sandwich-type signs, sidewalk signs, curb signs and
similar advertising devices.
(13)
Any commercial sign or banner spanning a public
street.
(14)
Signs placed on awnings, trees, fences, utility
poles or light poles, signs attached to other signs and signs placed
upon motor vehicles which are continuously or repeatedly parked in
a conspicuous location to serve as a sign, but nothing herein contained
is intended to prohibit the placement of signs directing traffic or
identifying various locations within a lot or parcel on light poles
and utility poles erected therein.
(15)
Any series of two or more signs placed along
a street or highway carrying an advertising message, part of which
is contained on each sign.
(16)
A sign on a motor vehicle, truck or trailer,
whether or not operational and whether or not self-propelled, which
is used or parked or designated to be parked for advertising purposes.
Specifically exempted from this section are those signs, nameplates
or letters affixed to or printed upon commercial vehicles regularly
used in the course of business for regular deliveries, pickups or
other such purposes and/or in compliance with the provisions of N.J.S.A.
39:4-46. Specifically included are signs on vehicles, trailers and
the like which have as their prime purpose the advertising of goods,
wares or services of a business which are maintained in a stationary
manner at one or more locations for extended periods of time.
H.
The following signs are permitted in residential zones
R-1, R-1A, R-2, R-3, R-4, R-4.5, R-5 and PSC-3:
[Amended 10-5-2020 by Ord. No. 1076]
(2)
Signs in connection with each housing or land
development, as follows:
(a)
At the main entrance to the development, two
nonilluminated freestanding signs which shall state the name of the
development and no other advertising material. Each sign shall not
exceed 25 square feet in area and eight feet in height.
(b)
At each entrance other than the main entrance,
one nonilluminated freestanding sign not exceeding 15 square feet
in area and not more than eight feet in height.
(c)
At the rental or sales office of the development,
one freestanding illuminated sign advertising the office, not to exceed
15 square feet in area and not more than five feet in height.
I.
The following signs are permitted in the R-1B Residential
(Senior Citizen) Zone:
(2)
One freestanding, externally illuminated, or
nonilluminated project identification sign for each direction of travel
on any public street on which the R-1B development has frontage, not
to exceed 30 square feet in area nor six feet in height and located
not less than 20 feet from any street or adjacent property line. Such
signs may bear only the name of the development and the owner, the
street address and the presence or lack of vacant units.
(3)
Real estate signs, the sole purpose of which
is to direct the public to the R-1B development. Four temporary freestanding
nonilluminated signs shall be at key intersections. Each sign shall
not exceed 15 square feet in area and eight feet in height above the
ground. The sign permit shall be issued for a period of six months
and shall be renewable for additional periods of six months during
the period of construction.
(4)
Such other signs as the approving authority
may in its discretion deem appropriate.
J.
The following signs are permitted in Limited Industrial
Research (LIR-60 and LIR-88) Zones:
(1)
One freestanding entry sign located on each
street providing access to the limited industrial research or office
project. Where this zone is not surrounded by or adjacent to residential
zones, the applicable freestanding sign standards of the adjacent
zone shall apply. Where residential zones abut the zone, one freestanding
sign, not exceeding 25 square feet in area nor 10 feet in height,
shall be permitted.
(2)
Each use in an LIR Zone may erect one freestanding
sign not exceeding 50 square feet in area nor 10 feet in height; provided
however, that where more than one use exists in a building, or where
two or more buildings share common site elements or are located on
the same lot, as indicated on an approved site plan, only one freestanding
sign shall be permitted.
(3)
One facade sign for each building may be placed
or inscribed upon one facia of the building. Said signs shall not
exceed an area equal to 10% of the facade upon which the sign is to
be located.
(4)
Nonilluminated directional signs, none of which
shall exceed 25 square feet in area nor eight feet in height, may
be permitted by the municipal agency so as to facilitate interior
traffic flow.
K.
The following signs are permitted in the P-1 Professional
Zone:
(1)
One facade sign may be placed or inscribed upon
the front facade of a building for each permitted use or activity.
Said signs shall not exceed an area of one square foot for each two
feet in width of the front of the building or portion thereof devoted
to such use of activity.
L.
The following signs are permitted in the B-1 and B-3
Business Zones:
[Amended 10-5-2020 by Ord. No. 1076]
(1)
One facade sign may be placed or inscribed upon
the front facade of a building for each permitted use or activity.
Said signs shall not exceed an area equal to 10% of the front wall
area of the building or portion thereof devoted to such use or activity.
(2)
Each use may erect one freestanding sign not
exceeding 50 square feet in area nor 10 feet in height; provided however,
that where more than one use exists in a building, or where two or
more buildings share common site elements or are located on the same
lot as indicated on an approved site plan, only one freestanding sign
shall be permitted. No freestanding sign shall be located in an area
within 25 feet of any boundary of a residential zone.
M.
Signs permitted in the B-2 Business and HC/PO Highway
Commercial/Professional Office Zone.
(1)
One facade sign may be placed or inscribed upon
the front facade of a building for each permitted use or activity.
Said sign shall not exceed an area equal to 10% of the front wall
area of the building, or portion thereof, devoted to such use or activity.
(2)
Each use in a B-2 or HC/PO Zone may erect one
freestanding sign in accordance with the table shown below; provided,
however, that where more than one use exists in a building, or where
two or more buildings share common site elements or are located on
the same lot as indicated on an approved site plan, only one freestanding
sign shall be permitted.
(a)
The maximum size of the sign shall be determined
in accordance with the following table:
|
Street Frontage
(feet)
|
Maximum Height
(feet)
|
Maximum Size of Sign Face
(square feet)
|
Minimum Setback
(percent of building setback)
|
|---|---|---|---|
|
Up to 500
|
10
|
50
|
75%
|
|
500 to 700
|
12
|
50
|
75%
|
|
Over 700
|
15
|
50
|
75%
|
(b)
For sites with more than one use, an additional
10 square feet may be added for each additional use, provided that
in no case shall any such sign exceed 100 square feet.
N.
The following signs are permitted in the L-I Industrial
Zone:
(1)
One freestanding sign not exceeding 28 square
feet in area on any one side, set back at least 25 feet from the street
line.
(2)
One facade sign which does not exceed 10% of
the area of the facade on which it is placed.
(3)
Other directional, instructional or safety signs,
subject to approval of the municipal agency at the time of site plan
approval.
[Added 5-6-2002 by Ord. No. 794]
A.
General provisions.
(1)
Flags.
(a)
Flags or emblems of religious, educational,
civic or governmental organizations flown on the buildings or grounds
occupied by the organization shall be permitted in any zone in the
Borough.
(b)
The flag of the United States shall be displayed
in accordance with the rules and regulations promulgated by the federal
government (U.S. Code Table 36, Chapter 10).
(c)
In residential zones, the flag of the United
States is permitted to be flown on flagpoles that do not exceed the
maximum height of buildings permitted in the residential zone and
shall be flown in accordance with the rules and regulations promulgated
by the federal government.
(d)
Placement of flags on flagpoles. When the flags
of states, cities or localities, or pennants of societies or the P.O.W.-M.I.A.
flags are flown on the same halyard with the flag of the United States,
the latter shall always be at the peak. No such flag may be placed
above the flag of the United States.
(e)
Size of flags. The size of the flag of the United
States shall be determined by the exposed height of the flagpole from
which it is flying and shall not exceed the flag sizes recommended
by federal rules and regulations.
(2)
Flagpoles.
(a)
One freestanding flagpole to display the flag
of the United States of America and/or the State of New Jersey shall
be permitted on a property in business, commercial, industrial or
professional zoning districts.
(b)
The flagpole shall be located in a curbed and/or
landscaped area.
(c)
The height of the flagpole may be no greater
than 10 feet above the maximum building height permitted in the zoning
district, but in no case may the height exceed 45 feet.
(d)
All height limitations shall be measured from
ground level to the highest part of the flagpole.
B.
Permits.
(1)
Residential zones. All flagpoles other than
those installed in residential zones shall require permits. To obtain
such permit, the owner of the proposed flagpole shall make application
to the Zoning Official on forms provided by the Borough of Shrewsbury.
(2)
Fee. Application for a permit shall be accompanied
by a fee of $25 by cash or check payable to the order of the Borough
of Shrewsbury, which fee shall not be returnable for any reason.
(3)
Applications. The application shall contain
the following information:
(a)
The name, address of the owner of the premises
upon which the flagpole is sought to be installed, and if the applicant
is a person other than the owner, then the applicant, in addition
shall set forth his/her name, address or telephone number as well
as the relationship to the owner.
(b)
The name of the person, firm, corporation or
association installing the flagpole.
(c)
Written consent of the owner of the land on
which the flagpole is to be installed, if the applicant is other than
the owner.
(d)
Applicants shall submit copies of an approved
site plan if the property has previously received site plan approval,
of, if not, a survey of the property on which the flagpole is to be
located. In the event a site plan or a survey is not available, the
applicant shall have the location staked for review.
(e)
Applicants shall provide a location of the flagpole
on the survey or site plan, which reflects the proposed flagpole and
distances to other structures and property lines.
(g)
If, in the opinion of the Zoning Official, the
changes to the original site plan are solely for the purpose of locating
a flagpole and the site will continue to operate so as to promote
the public health, safety, and the general welfare, an administrative
approval may be given.
(h)
In the alternative, if the Zoning Official finds that the proposed location of the flagpole to be a detriment to the public health, safety, and general welfare, or does not comply with the specifications in § 94-8.35B, Permits, the Zoning Official shall not grant an administrative approval. A site plan application before the appropriate municipal board shall be made.
(4)
Installation. Flagpoles are to be installed
in accordance with the specifications submitted with the application
for a zoning permit and are subject to inspection of the Construction
Official and for applicable fees for said inspection.
(5)
Nonconforming flagpoles.
A.
All developments shall protect streams, lakes and
ponds from sedimentation and shall control erosion in accordance with
the Standards for Soil Erosion and Sediment Control in New Jersey,
set forth in the Soil Erosion and Sediment Control Act, Chapter 251,
Laws of 1975, as amended and supplemented.[1]
[1]
Editor's Note: See N.J.S.A. 4:24:39 et seq.
B.
Certification of the soil erosion and sediment control
plan shall be required from the Freehold Soil Conservation District
unless:
(1)
Land disturbance is associated with the construction
of a single-family dwelling unit unless such unit is a part of a subdivision,
site plan, zoning variance or building permit application involving
two or more such single-family dwelling units.
(2)
Land disturbance is 5,000 square feet or less
of the surface area of land for the accommodation of construction
for which the Standard Building Code of the State of New Jersey would
require a building permit.
(3)
Land disturbance associated with agricultural
use of lands when operated in accordance with a farm conservation
on a plan approved by the Freehold Soil Conservation District or where
the soil district has determined that such use will not cause excessive
erosion and sedimentation.
(4)
Land disturbance associated with gardening primarily
for home consumption.
A.
Solid wastes from all uses other than single- or two-family
homes, if stored outdoors, shall be placed in metal receptacles within
a screened refuse area.
B.
The screened refuse area shall not be located within
any front yard area.
C.
The refuse storage area shall be surrounded on three
sides by a solid uniform fence or wall not less than five feet nor
more than eight feet in height. Such fence shall be exempt from the
provisions of any ordinance of the Borough regulating the height of
fences and requiring permits therefor.
D.
A five-foot minimum width landscaping area shall be
provided along the fence or wall enclosing the refuse storage area.
The landscaping to be provided shall be shown on the site plan submitted
for municipal agency approval.
E.
The opening in the enclosed refuse area should be
provided with a solid gate not less than five feet in height to permit
access to the refuse enclosure and screening from adjoining properties
and public streets.
F.
If located within or adjacent to a parking area or
access drive, the enclosed refuse area shall be separated from such
parking area or access drive by curbing.
G.
The enclosed refuse area shall not be located so as
to interfere with traffic circulation or the parking of vehicles.
H.
All refuse shall be deposited in containers maintained
within the refuse area. No containers shall be maintained anywhere
on a site except in a refuse area meeting these requirements.
I.
If outdoor storage of solid waste is not proposed,
the site plan submission shall detail the methods proposed for accommodating
solid waste within the structure. The municipal agency may require
that a suitable area be set aside, but not improved, for a future
solid waste storage area meeting these requirements even if indoor
accommodations for solid waste are proposed.
[Amended 11-7-2005 by Ord. No. 860; 7-19-2021 by Ord. No. 2021-1078]
A.
Storm drains, culverts, catch basins and other drainage structures
shall be installed in each development in accordance with plans, reports,
and design computations approved by the municipal agency.
(1)
All storm drainage facilities shall be constructed in accordance
with the applicable requirements of the NJDOT Standard specifications
for road and bridge construction, current edition.
(2)
The developer shall submit complete calculations, specifications,
plans and details for all proposed storm drainage facilities, in accordance
with the design standards contained herein.
(3)
Any field samples or laboratory tests required to substantiate
the conclusions of such calculations shall be conducted at the sole
expense of the developer.
B.
All development applications which shall result in this disturbance
of greater than 1,000 square feet, or require the regrading, reshaping,
or other alteration of land, or that alter the existing patterns of
drainage or runoff shall be accompanied by a grading plan, meeting
the following minimum requirements:
(1)
A grading plan which includes the design of public improvements
must be prepared by a professional engineer, licensed in the State
of New Jersey.
(2)
The plan shall clearly depict the intended pattern of runoff,
including accurately drawn contour lines, sufficient spot elevations,
finished flood elevations of all structures, and any other information
requested by the municipal agency during review.
(3)
The minimum overload gradient permitted on grassed surfaces
shall be 2.0%. Properly designed water quality swales, or other nonstructural
drainage elements shall be permitted at a lesser gradient, where detailed
design computations are furnished demonstrating proper function.
(4)
The minimum overload gradient permitted on durable surfaces
(pavement, concrete, gravel, etc.) shall be 1.0%.
(5)
Where new or enlarged structures are proposed, finished grades
shall be included at a minimum of four building corners, as well as
all doorways.
(6)
When basements are proposed, it must be demonstrated that the
basement floor shall lie a minimum of two feet above the seasonal
high groundwater elevation.
C.
Stormwater management: scope.
(1)
Stormwater management measures meeting the requirements of this
section shall be provided for all developments. Stormwater management
systems prepared by design engineers shall emphasize a natural, as
opposed to an engineered, drainage strategy. To the maximum extent
practicable, stormwater management standards shall be met by incorporating
nonstructural stormwater management strategies into a design. Where
more than one design or method may be used to comply with the rules,
the choice of design approach and the methods used shall rest with
the design engineer.
(a)
For projects that fall below the threshold of major development, as defined, the control of runoff rate and routing from any site that is the subject of a site plan or subdivision application shall be designed to satisfy the runoff quantity standards contained in § 94-8.39. Refer to § 94-8.39A(3) to determine applicability.
(2)
The applicability of a natural approach depends on such factors
as site storage capacity, open channel hydraulic capacity, and maintenance
needs and resources. Applicability of a stormwater approach also can
be limited by regulatory constraints that govern certain structures
(e.g., dams) or areas (e.g., development in a floodplain or wetland).
(3)
The person submitting the application for review shall identify the nonstructural strategies incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management strategies, identified in Subsection C(4) below, into the design of a particular project, the applicant shall identify the strategy and provide a basis for the contention or infeasibility.
(4)
Nonstructural stormwater management strategies incorporated
into site design shall:
(a)
Protect areas that provide water-quality benefits or areas that
are particularly susceptible to erosion and sediment loss;
(b)
Minimize impervious surfaces and break up or disconnect the
flow of runoff over necessary impervious surfaces;
(c)
Maximize the protection of natural drainage features and vegetation;
(d)
Minimize the decrease in "time of concentration" from preconstruction
to post-construction. "Time of concentration" is defined as the time
it takes for runoff to travel from the hydraulically most distant
point of the drainage area to the point of interest in the watershed;
(e)
Minimize land disturbance, including clearing and grading;
(f)
Minimize soil compaction;
(g)
Provide low-maintenance landscaping that encourages retention
and planting of native vegetation, and minimizes the use of lawns,
fertilizers, and pesticides;
(h)
Provide vegetated open-channel conveyance systems discharging
into and through stable vegetated areas; and
(i)
Provide preventative source controls to prevent or minimize
the use or exposure of pollutants at a site that the release of pollutants
into stormwater runoff will be prevented or minimized. The source
controls include, but are not limited to:
[1]
Site design features that help to prevent accumulation of trash
and debris in drainage systems;
[2]
Site design features that help to prevent discharge of trash
and debris in the drainage system; and
[3]
When establishing vegetation after land disturbance, applying
fertilizer in accordance with the Standards for Soil Erosion and Sediment
Control in New Jersey at N.J.A.C. 2:90, as administered by the New
Jersey Department of Agriculture.
(5)
Guidance for nonstructural stormwater management strategies
is available in the New Jersey Stormwater Best Management Practices
Manual (hereafter Best Management Practices Manual), current edition.
(6)
All stormwater collection and conveyance structures shall be
designed in accordance with the provisions of this subchapter. Any
structures designed to control stormwater runoff volume, flow rate,
quality, or groundwater recharge shall be designed and constructed
in accordance with these provisions. Where more than one design or
method may be used to comply with the rules, choices among design
options to meet the volume, rate, quality, and recharge provisions
of this subchapter shall rest with the design engineer.
(7)
Construction practices shall conform to Standards for Soil Erosion
and Sediment Control in New Jersey, N.J.A.C. 2:90.
(8)
The standards of this section do not apply to development if
alternative design and performance standards exist under a regional
stormwater management plan adopted in accordance with the DEP rules,
N.J.A.C. 7:15. The standards must be at least as protective as those
of this section.
(9)
Stormwater management facilities for developments which do not
require site plan and subdivision review, shall be provided in accordance
with the Municipal Stormwater Management Plan of the Borough, meeting
the following minimum requirements:
(a)
Any impervious coverage surfaces which exceed the maximum coverage
permitted in the zone, and for which a variance is granted by the
approving authority, shall be mitigated through the use of dry wells
or similar means, designed to conform with the minimum standards prescribed
by the NJDEP Stormwater Best Management Practices Standards.
(b)
A sketch, including the location of drywells, along with sizing
calculations acceptable to the Borough Engineer shall be furnished
at the time of building permit application. Any infiltration BMP proposed
shall lay not less than 10 feet from any property line, nor less than
10 feet from any building.
(c)
Any stormwater management device proposed shall meet the minimum
requirements of the NJDEP Best Management Practices Manual.
(d)
A premanufactured drywell may be used, provided same is sized
and installed in accordance with written instructions of the manufacturer,
subject to the approval of the Borough Engineer.
D.
Runoff estimation techniques.
(2)
Design engineers shall use the runoff hydrograph peak rate to
determine the configuration and sizes of pipes, channels, and other
routing or flow-control structures. They also shall use runoff volume
calculations generated by the hydrograph to determine the size of
detention and retention facilities.
(3)
For the runoff peak rate of discharge calculation, design engineers
shall have the option to choose the methodology to estimate peak rate
of discharge.
(4)
For storm sewer design, a ten-year to twenty-five-year storm
frequency consistent with localized circumstances should be considered
as a minimum, unless special circumstances are involved such as inadequate
downstream stormwater facilities, lack of positive overland relief,
or evidence of local flooding. In such special circumstances, design
engineers shall design facilities to accommodate, as a minimum, the
following storm frequencies:
(a)
Ten-year storm for storm drain systems where excess flow, up
to the 100-year storm, can continue downgrade in the street and not
exceed the gutter capacity. Also, ten-year storms shall be used at
low points in storm drain systems with overland relief that is routed
through the stormwater quantity control structure.
(b)
Twenty-five-year storm where flow in a storm drain is totally
carried by pipe when conditions under 5:21-7.2(c)4.i above do not
apply, provided all overland relief up to the 100-year storm is routed
through the stormwater control structure.
(c)
Twenty-five-year storm for culvert design where the culvert
will be located in streams shown on the New Jersey State Atlas or
the United States Coast and Geodetic Survey maps. Culverts with an
upstream drainage area of 50 acres or more shall be designed to accommodate
a 100-year frequency storm in accordance with Flood Hazard Area Control
Regulations, N.J.A.C. 7:13-2.16.
(d)
Twenty-five-year storms for open channels where the upstream
drainage area is less than 50 acres. When the upstream drainage area
is 50 acres or more, design engineers shall design open channels to
accommodate the 100-year storm in accordance with Flood Hazard Area
Control Regulations, N.J.A.C. 7:13-2.16.
(5)
The size of the drainage area shall include on-site and off-site
lands contributing to the design point.
(6)
Computer software adaptations of the rational method or the
Soil Conservation Service's TR-55 are acceptable, provided their
data and graphic printout allow review and evaluation.
(7)
Design engineers shall use a consistent method to calculate
peak rate of runoff and volume when computing runoff hydrographs.
If TR-55, TR-20, or HEC-1 is used to calculate peak rate of runoff,
then the same method shall be used to determine volume. If the rational
method is used for peak flow calculations, design engineers shall
use the modified rational method to calculate peak volume to be used
for basin routing. Both 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
at N.J.A.C. 2:90. A maximum drainage area of 20 acres shall be used
for the modified rational method.
(8)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes from pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected imperious cover, urban impervious
area modifications as described in NCRS TR-55. Urban Hydrology for
Small Watersheds, or other approved methods may be employed.
E.
Design of runoff collection systems.
(1)
Design engineers shall determine pipe size based on design runoff,
closed-conduit flow based on the Manning Equation, or charts/monographs
based on this equation. The hydraulic capacity is termed "Q" and expressed
as discharge in cubic feet per second as follows:
|
Q = (1.486/n) AR2/3 S1/2
| ||
|
Where:
| ||
|
n
|
=
|
Manning's roughness coefficient
|
|
A
|
=
|
Cross-sectional area of flow in square feet
|
|
R
|
=
|
Hydraulic radius in feet, R=A/P, where P is equal to the wetted
perimeter, measured in feet and defined as the length of a line of
contact between the flowing water and the channel
|
|
S
|
=
|
Slope of energy grade line in feet per foot
|
|
The Manning's roughness coefficients used by design engineers
appear in N.J.A.C. 5:21-7.2, Table 2.[1]
| ||
(a)
A direct application of Manning's Equation may be used
for piped storm sewer systems. As an option, design engineers can
use a standard step backwater calculation for storm sewer systems
if the use of this approach is deemed appropriate by the designer.
For other than pipe storm sewer systems, design engineers shall apply
Manning's Equation only when there is uniform flow, as defined
by the following conditions:
(b)
The bottom slope of the channel, energy grade line, and water
surface (hydraulic grade line) are parallel;
(c)
The flow regime is in the turbulent range of Reynolds number;
and
(d)
The boundaries of the cross section of the channel do not move.
[1]
Editor's Note: Table 2, Manning's Roughness Coefficients,
is included as an attachment to this section.
(2)
The design of open channels and conduits shall take tail water
effects into consideration.
(3)
Velocities in open channels, excluding water quality swales,
at design flow shall not be less than 0.5 of a foot per second and
not greater than a velocity that will begin to cause erosion or scouring
of the channel. Design engineers shall determine permissible velocities
for swales, open channels, and ditches using methods presented in
Standards for Soil Erosion and Sediment Control in New Jersey at N.J.A.C.
2:90.
(4)
Velocities in closed conduits at design flow shall be at least
two feet per second, but not more than the velocity that will cause
erosion damage to the conduit, per the manufacturers specifications.
Minimum allowable pipe slopes shall produce velocity of at least three
feet per second when the flow depth is full or half the pipe diameter.
(5)
Design engineers shall base culvert capacity on inlet/outlet
analysis, as specified in Hydraulic Design of Highway Culverts, Hydraulic
Design Series (HDS) No. 5, Report No. FHWA-IP-85-15. U.S. Department
of Transportation, Federal Highway Administration, September 1985,
incorporated herein by reference.
(6)
Design engineers shall determine pipe size based on design runoff,
conduit entrance conditions, and hydraulic capacity.
(7)
In general, no pipe size in the storm drainage system shall
be less than 15 inches in diameter. Design engineers may use a twelve-inch
diameter pipe as a cross-drain to a single inlet. Design engineers
shall use the Manning Equation to determine hydraulic capacity of
pipes.
(8)
All discharge pipes shall terminate with an appropriate precast
concrete or flared-end section or concrete headwall with or without
wing walls, as conditions require. Design engineers shall consider
such site conditions as slope, soil stability, vegetation, grade,
and size of conduit to determine whether or not to use wingwalls.
(9)
Materials used in the construction of storm sewers shall be
constructed of reinforced concrete, ductile iron, or corrugated polyethylene,
or when approved by the municipal engineer, corrugated metal. The
most cost-effective materials shall be permitted that conform to local
site conditions and reflect the relevant operations, maintenance,
and system character of the municipal stormwater system. Specifications
referred to, such as ASTM or AWWA, etc., should be the latest revision
in effect at the time of application.
(a)
The following apply to reinforced concrete pipe:
[1]
Circular reinforced concrete pipe and fittings shall meet the
requirements of ASTM C76.
[2]
Elliptical reinforced concrete pipe shall meet the requirements
of ASTM C507.
[3]
Joint design and joint material for circular pipe shall conform
to ASTM C443.
[4]
Joints for elliptical pipe shall be bell and spigot or tongue
and grove sealed with butyl, rubber tape, rubber ring gaskets, or
external sealing bands conforming to ASTM C877.
[5]
All pipe shall be Class III minimum unless loading conditions
call for stronger pipe (i.e., higher class).
[6]
The minimum depth of cover over the concrete pipe shall be as
designated by the American Concrete Pipe Association in Table 4.
[7]
Minimum depth of cover standards for ductile iron and corrugated
polyethylene pipe shall conform to manufacturer standards.
(b)
Ductile iron pipe shall conform to ANSI/AWWA C151/A21.51. Joints
shall conform to ANSI/AWWA C111/A21.11 or ANSI/AWWA C115/A21.15, as
appropriate. Pipe shall be designed in accordance with ANSI/AWWA C150/A21.50.
The outside of the pipe shall be coated in accordance with ANSI/AWWA
C151/A21.51 and the inside lined in accordance with ANSI/AWWA C104/A21.4.
Ductile iron pipe shall be installed in accordance with AWWA C600.
|
Table 4
Minimum Depth of Coverage Over Concrete Pipe
| ||
|---|---|---|
|
Pipe Diameter
(in inches)
|
ASTM Class Pipe
|
Minimum Cover
(surface to top of pipe in inches)
|
|
12
|
III
IV
V
|
17
12
7
|
|
15
|
III
IV
V
|
16
11
7
|
|
18
|
III
IV
V
|
16
10
6
|
|
24
|
III
IV
V
|
15
6
6
|
|
30
|
III
IV
V
|
10
6
6
|
|
36 and above
|
III
IV
|
6
6
|
|
Minimum cover as designated by the American Concrete Pipe Association
| ||
(c)
Corrugated polyethylene pipe shall conform to AASHTO M252 for
three through 10 inches and AASHTO M294 for sizes 12 inches and larger.
All pipes greater than 12 inches in diameter shall be Type S, unless
conditions dictate otherwise. Materials shall conform to ASTM D3350,
Standard Specification for Polyethylene Plastics Pipe and Fittings
Materials. Pipe joints and fittings shall be compatible with the pipe
material and shall conform to the same standards and specifications
as the pipe material. Pipe couplers shall not cover less than one
full corrugation on each section of pipe. Installation shall be in
accordance with ASTM D2321, Standard Practice for Underground Installation
of Thermoplastic Pipe for Sewers and Other Gravity-Flow Applications.
Backfill material shall be placed in six-inch lifts and compacted
to 95% minimum dry density, per AASHTO T99. In areas of high groundwater
tables, design engineers shall check for flotation.
(d)
Corrugated metal pipe, when approved by the municipal engineer,
shall meet the requirements and be installed in the manner specified
in Appendix A of this section.
[1]
Pipe bedding and backfill shall be provided as specified in
Design and Construction of Urban Stormwater Management Systems, ASCE
Manuals and Reports of Engineering Practice No. 77, 1993, incorporated
herein by reference. Bedding and backfill for any pipe material not
covered by this manual shall be installed in accordance with manufacturer's
recommendations. The municipal engineer may require the developer
to provide professional certification as to the suitability of backfill
material and where such suitability does not exist, any modifications
needed to use on-site material and the appropriate methods to install
this material. The municipal and/or utility engineer shall rely on
this certification.
(10)
No pipe shall be placed on private property unless the owner
of the land is to own or operate the pipe, or an easement deeded to
the municipality is obtained. All easements shall be a minimum of
20 feet wide unless depth of pipe, soil conditions, or additional
utilities require wider. Where the easement is located adjacent to
a right-of-way, the municipality may approve a narrower easement.
F.
Inlets, catch basins, manholes, and outlets.
(1)
Design engineers shall design inlets, catch basins, and manholes
in accordance with the current edition of the New Jersey Department
of Transportation's Standard Specifications for Road and Bridge
Construction. Design engineers shall use bicycle-safe grates. For
Type A inlets, they should use a frame and single grate. Type B inlets
require a frame, grate, and curb-type inlet with back piece. Type
E inlets require a frame and double grate.
(2)
Design engineers shall use one of the following grate types
for stormwater inlets:
(a)
The NJDOT bicycle-safe grate, as described in the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines.
(b)
If there is no bicycle traffic, a grate where 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.
(3)
Whenever a curb-opening inlet is used, 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.
(a)
Exception: Compliance with the above dimensional requirements
for curb openings shall not be required, provided that runoff discharging
through the inlet is routed through a trash rack that complies with
N.J.A.C. 5:21-7.8(d)1.ii.
(4)
Inlet spacing depends on the inlet capacity. Maximum gutter
line flow is 400 feet. The maximum capacity of a curb inlet shall
be six cubic feet per second. Area inlets in parking lots should be
limited to three cubic feet per second.
(5)
Manholes shall be precast concrete or concrete block coated
with two coats of portland cement mortar outside the manhole. Masonry
brick may be used to make vertical adjustments to rims, as long as
the adjustments are 12 inches or less. In acidic soils, all manholes
shall have two coats of black bitumastic waterproofing applied per
manufacturer's instruction.
(6)
If precast manhole barrels and cones are used, they shall conform
to ASTM Specification C478, with round rubber gasketed joints conforming
to ASTM Specification C923. Both ASTM specifications are incorporated
herein by reference. Maximum absorption shall be 8% in accordance
with ASTM Specification C478, Method A.
(7)
If precast manholes are used, the top riser section shall terminate
less than one foot below the finished grade and the manhole cover
shall be flush with the finished grade.
(8)
Manhole frames and covers shall be of cast iron, conforming
to ASTM Specification A48, Class 30, incorporated herein by reference,
and be suitable for H-20 loading capacity. Manhole covers in remote
locations may have a locking device.
(9)
Outlet grates, fences, and other safety features for stormwater
management facilities shall conform with NJDEP Stormwater Management
Rules, N.J.A.C. 7:8. Safety requirements for detention basins and
other stormwater facilities are incorporated in N.J.A.C. 5:21-7.5(f)6.
(10)
The channel should be, insofar as possible, a smooth continuation
of the pipe. The pipe may be laid through the manhole and the top
half removed by saw cut. The completed channel should be U-shaped.
The channel height shall be 3/4 of the diameter of the pipe.
(11)
The bench should provide good footing for a workman, and a place
where minor tools and equipment can be laid. It must have a slope
of four to 8%.
G.
Stormwater management: quantity control.
(1)
The control of the quantity of runoff for major development shall comply with the Control Ordinances found in § 94-8.39.
(2)
Refer to § 94-8.39A(3) to determine applicability of that section to nonmajor development.
H.
Stormwater management: water quality.
(1)
Water quality for stormwater management systems, including special water resource protection areas for category one waters and their perennial or intermittent tributaries, shall comply with the Stormwater Control Ordinance found at § 94-8.39.
(2)
For developments not meeting the definition of major development, refer to § 94-8.39A(3).
I.
Recharge.
(1)
Groundwater recharge of stormwater shall be in accordance with
the Stormwater Control Ordinances found at § 94-8:39. Refer
to that section to determine applicability.
J.
Detention basins and other stormwater management facilities.
(1)
When structural measures are used, they shall comply with the
requirements of these rules and the Best Management Practices Manual,
current edition.
(2)
Design engineers shall locate detention facilities (either "wet"
or "dry") so as to not interfere with or adversely affect existing
surface waters on the site or adjacent to the site. Excavation for
detention facilities shall be designed to be the maximum practical
distance above seasonal high groundwater elevation. In the case of
"wet" detention facilities, storage may only be presumed to be available
above the elevation of the seasonal high groundwater. If the facility
is designed as an infiltration basin, the bottom of the basin shall
be a minimum of two feet above the elevation of the seasonal high
water table. The determination of the seasonal high water table shall
be made by the applicant's engineer in accordance with the requirements
of the NJDEP Stormwater Best Management Practice Manual.
(3)
Design of outlets from detention basins and other stormwater
management facilities shall account for tailwater effects up to the
flood hazard design flood elevation.
(4)
The following list of general structural criteria shall be used
to design stormwater detention basins.
(a)
Detention components: principal basin control structure (quantity
control), as follows:
[1]
Principal basin control structures will consist of orifice and/or
weir control devices. Design engineers shall design orifices based
upon the following equation:
|
Q = C A (2gH)0.5
| |||
|
Where:
| |||
|
Q
|
=
|
the flow rate in cubic feet per second
| |
|
C
|
=
|
0.6 (The orifice flow coefficient "C" may vary, depending on
entrance conditions. Design engineers may use other coefficients with
appropriate references.)
| |
|
A
|
=
|
cross section area of flow in square feet
| |
|
H
|
=
|
the vertical distance in feet between the center of the orifice
and the water surface
| |
|
2g
|
=
|
64.4 feet per second2
| |
|
To minimize the chance of clogging, orifices intended solely
for runoff quantity control will be at least six inches in diameter
(or its equivalent). All joints are to be watertight. In addition,
trash racks and/or anti-vortex devices shall be required. When weirs
are used alone or in conjunction with orifices, design engineers shall
use the following equation:
| |||
|
Q = CwL(h)3/2
| ||
|
Where:
| ||
|
Q
|
=
|
the flow rate in cubic feet per second
|
|
Cw
|
=
|
3.2 (design engineers may use other coefficients with appropriate
references)
|
|
L
|
=
|
length of the weir in feet
|
|
h
|
=
|
the vertical distance in feet between water surface elevation
and the crest of the weir
|
|
All weirs shall be constructed as part of a reinforced concrete
structure with appropriate grates
|
[2]
Trash racks and/or anti-vortex devices shall be installed at
the intake to the outlet structure as appropriate, and shall have
parallel bars with one-inch spacing between 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.
The spacing shall be designed so as not to adversely affect the hydraulic
performance of the outlet pipe or structure. In addition, the design
of trash racks shall comply with the requirements of Subsection I(4)(d)[6]
below.
[3]
Eight-inch-thick, anti-seep collars are to be installed along
outlet pipes when required by the municipal engineer. Reinforcement
steel shall be No. 5 bars at 12 inches both ways, with two inches
of cover on both faces (minimum).
[4]
Where necessary for stability of the outlet pipe, a concrete
cradle shall be provided.
[5]
All principal basin control structures shall be precast or reinforced
concrete. All joints are to be watertight.
[6]
Suitable lining shall be placed upstream and downstream of principal
basin control structures, as necessary, to prevent scour and erosion.
Such lining shall conform to Standards for Soil Erosion and Sediment
Control in New Jersey, N.J.A.C. 2:90.
(b)
Detention components: emergency spillways, as follows:
[1]
Vegetated emergency spillways shall have side slopes not exceeding
three horizontal to one vertical.
[2]
Maximum velocities in emergency spillways shall be checked based
on the velocity of the peak flow in the spillway resulting from routing
the spillway design storm hydrograph as defined in the NJ DEP Dam
Safety Rules (N.J.A.C. 7:20) for all detention facilities classified
as dams and the 100-year storm hydrograph for all other facilities.
The design of the emergency spillway will be based on the 100-year
inflow to the basin except for Class IV dams, which shall comply with
the Dam Safety Standards, N.J.A.C. 7:20. The design of the emergency
spillway assumes the principal spillway is malfunctioning and will
not allow any discharge or flow. Where maximum velocities exceed those
contained in Table 5, suitable lining shall be provided.
[3]
Where maximum velocities exceed the allowable velocities for
soil stability as determined in the Standards for Soil Erosion and
Sediment Control in New Jersey, N.J.A.C. 2:90, suitable lining should
be provided. Design engineers also may check maximum velocities in
emergency spillways based on the velocity of the peak flow in the
spillway resulting from routing the spillway design storm hydrograph
as defined in the NJ DEP Dam Safety Rules (N.J.A.C. 7:20) for all
detention facilities classified as dams and the 100-year storm hydrograph
for all other facilities. Where maximum velocities exceed those contained
in Table 5, suitable lining shall be provided. Linings shall meet
specifications required in Hydraulic Engineering Circular No. 15 —
Design of Stable Channels with Flexible Linings, published by the
U.S. Department of Transportation, Federal Highway Administration
or Standards for Soil Erosion and Sediment Control in New Jersey as
sited above.
|
Table 5
Permissible Velocities for Emergency Spillways with Uniform
Stands for Various Well-Maintained Grass Covers
| |||
|---|---|---|---|
|
Ground Cover
|
Slope Percent
|
Permissible Velocities On:
| |
|
Erosion-resistant soils
(fps)
|
Easily eroded soils
(fps)
| ||
|
Kentucky bluegrass
|
5% to 10%
|
6
|
4
|
|
Lawn grass mixture
|
0% to 5%
|
5
|
4
|
|
5% to 10%
|
4
|
3
| |
|
Weeping lovegrass
|
0% to 5%
|
3.5
|
2.5
|
|
Alfalfa
| |||
|
Crabgrass
| |||
|
NOTES:
|
|
fps = feet per second
|
|
Designs are not limited to the ground covers shown above, Design
engineers may use reinforced grass technologies and other types of
ground cover in accordance with appropriate authoritative standards
|
|
SOURCE: Soil Conservation Service, U.S. Department of Agriculture
(Washington, D.C.: Government Printing Office, 1959). Cited in Residential
Stormwater Management: Objectives, Principles, and Design Considerations,
ULI-ASCE-NAHB, Urban Land Institute, Washington, D.C.: 1975
|
(c)
Detention components: dams, as follows:
[1]
"Dam" refers to any artificial dike, levee, or other barrier
with appurtenant works that is constructed to impound water on a permanent
or temporary basis and raises the water level five feet or more above
the usual, mean, low-water height when measured from the downstream
toe-of-dam to the emergency spillway crest, or in the absence of an
emergency spillway, the top of the dam.
[2]
Design engineers shall design all dams in accordance with the
Dam Safety Standards, N.J.A.C. 7:20.
(d)
Detention basin berms and embankment ponds, as follows:
[1]
A detention basin berm is a water impoundment made by either
constructing an embankment (a facility referred to as an embankment
pond), or excavating a pit or dugout that does not qualify as a dam.
Detention basin berms constructed by the second method are referred
to as excavated ponds.
[2]
Site conditions shall be such that runoff from the design storm
can safely pass through: a natural or constructed emergency spillway
designed to accept the entire 100-year flow; a combination of a principal
spillway and the emergency spillway designed to ensure passage of
the 100-year flow when either the principal spillway and/or the emergency
spillway flows are impeded by debris; or a principal spillway designed
so as to allow it to continue to function reliably, passing the 100-year
flow, when impeded by debris.
[a]
The drainage area of the pond shall be protected
against erosion so that expected sediment does not shorten the planned
effectiveness of the structure.
[b]
When necessary, embankment ponds shall have foundation
cutoff walls of relatively impervious material under the berm. The
cutoff walls shall extend up to abutments as required and be deep
enough to extend into a relatively impervious layer, or provide for
a stable structure when combined with seepage control. The cutoff
trench shall have a bottom width adequate to accommodate the equipment
used for excavation, backfill, and compaction operations. Cutoff wall
side slopes shall not be steeper than one horizontal to one vertical.
The cutoff walls shall extend up to the normal water line and the
minimum depth shall be at least three feet.
[c]
Design engineers shall include seepage controls
if any of the following conditions exist: pervious layers are not
intercepted by the cutoff, seepage creates swamping downstream, such
control is needed to insure a stable embankment, or special problems
may require drainage for a stable berm. Seepage may be controlled
by foundation, abutment, or embankment drains; reservoir blanketing;
or a combination of these measures.
[d]
The minimum top width for a berm shall be six feet.
The minimum top width of dams should be 10 feet.
[e]
All slopes must be designed to be stable. If needed
to protect the slopes of the berm, special measures such as rock riprap,
sand gravel, fabrics, geofabrics, geomembranes, or special vegetation
shall be provided, as specified by the standards in: Guide for Design
and Layout of Vegetative Wave Protection for Earth Dam Embankments,
TR-56, and Riprap for Slope Protection Against Wave Action, TR-69.
Both reports are published by the NRCS and are incorporated herein
by reference.
[f]
The minimum elevation of the top of the settled
embankment shall be one foot above the water surface in the detention
basin, with the emergency spillway flowing at the design depth. The
minimum difference in elevation between the crest of the emergency
spillway and the settled top width of the structure shall be two feet
for all berms having more than a twenty-acre drainage area or more
than 20 feet in effective height. Design engineers shall increase
the design height of the structure by the amount needed to insure
that, after settlement, the height of the berms equals or exceeds
the design height. This increase shall not be less than 5%, except
where detailed soil testing and laboratory analysis show that a lesser
amount is adequate.
[g]
Design engineers shall place a pipe conduit with
needed appurtenances under or through the berm except where rock,
concrete, or other types of mechanical spillways are used, or where
the rate and duration of flow can be safely handled by a vegetated
or earth spillway.
[3]
The design elevation of the top of all embankments and berms
shall be one-foot or greater than the maximum water surface elevation
in the basin, when stormwater from the 100-year flood passes over
the emergency spillway. The "design height," defined as the vertical
distance from the top to the bottom of the deepest cut, shall be constructed
to insure that the top elevation will be maintained following all
settlement.
[a]
When the design discharge of the principal spillway
is considered in calculating peak outflow through the emergency spillway,
the crest elevation of the inlet shall be such that the full flow
will be generated in the conduit before there is discharge through
the emergency spillway. The inlets and outlets of the principal spillway
shall be designed to function satisfactorily for the full range of
flow and hydraulic head anticipated. The capacity of the pipe conduit
shall be adequate to discharge long-duration, continuous, or frequent
flows without flow through the emergency spillways. The pipe diameter
shall be no less than six inches. If the pipe conduit diameter is
larger than 10 inches, its design discharge may be considered when
calculating the peak outflow rate through the emergency spillway.
[b]
Pipe conduits under or through the berm shall be
capable of withstanding external loading without yielding, buckling,
or cracking. Flexible pipe strength shall not be less than that necessary
to support the design load with the maximum of 5% deflection. The
inlets and outlets shall be structurally sound, and made of materials
compatible with those of pipe. All pipe joints shall be made watertight
by the use of couplings, gaskets, or caulking.
[4]
In earthen berms and embankment ponds, acceptable pipe materials
are corrugated polyethylene, reinforced concrete, polyvinyl chloride,
and ductile iron. When necessary for stability, concrete and ductile
pipe shall be laid in a concrete bedding. Corrugated polyethylene
pipe exposed to direct sunlight shall be made of ultraviolet-resistant
materials and protected by coating or shielding, or provisions for
replacement should be made as necessary. Connections of corrugated
polyethylene pipe to less flexible pipe or structure must be designed
to avoid stress concentrations that could rupture the plastic. Design
engineers shall follow specifications in Table 6 for polyvinyl chloride
(PVC) pipe. Design engineers shall provide for seepage control if
the conduit is of smooth pipe larger than eight inches in diameter.
|
Table 6
Acceptable PVC Pipe for Use in Earth Berms*
| ||
|---|---|---|
|
Normal Pipe Size
(inches)
|
Schedule for Standard Dimension Ratio (SDR)
|
Maximum Depth of Fill Over Pipe
(feet)
|
|
4 or smaller
|
Schedule 40
Schedule 80
SDR 26
|
15
20
10
|
|
6, 8, 10, 12
|
Schedule 40
Schedule 80
SDR 26
|
10
15
10
|
|
*
|
Polyvinyl chloride pipe, PVC 1120 or PVC 1220, conforming to
ASTM D1785 or ASTM D2241
|
[5]
Seepage along pipes extending through embankments shall be controlled
by use of a filter and drainage diaphragm, unless it is determined
that anti-seep collars will adequately serve the purpose.
[a]
The drain is to consist of sand meeting fine concrete
aggregate requirements (at least 15% passing through the No. 40 sieve,
but no more than 10% passing through the No. 100 sieve). If unusual
soil conditions exist, design engineers shall make a special design
analysis. The drain shall be a minimum of two feet thick, and extend
vertically upward and horizontally at least three times the pipe diameter,
and vertically downward at least 18 inches beneath the conduit invert.
The drain diaphragm shall be located approximately parallel to the
center line of the embankment. The drain shall be outletted at the
embankment downstream toe, preferably using a drain backfill envelope
continuously along the pipe where it exits in the embankment. Protecting
drain fill from the surface erosion will be necessary.
[b]
When anti-seep collars are used in lieu of a drainage
diaphragm, they shall have a watertight connection to the pipe. Maximum
spacing shall be approximately 14 times the minimum projection of
the collar measured perpendicular to the pipe. Collar material shall
be compatible with the pipe materials. The anti-seep collar(s) shall
increase by 15% the seepage path along the pipe. When anti-seep collars
are used in lieu of a drainage diaphragm, the design engineers shall
use the following criteria to determine the size and number of anti-seep
collars.
Let V = vertical projection and minimum horizontal projection
of the anti-seep collar in feet
Let L = length in feet of the conduit within the zone of saturation,
measured from the downstream side of the riser to the toe drain or
point where the phreatic line intercepts the conduit, whichever is
shorter
Let n = number of anti-seep collars
The ratio (L+2nV)/L shall be at least 1.15. Anti-seep collars
should be equally spaced along part of the barrel within the saturated
zone at distances of not more than 25 feet
[6]
Closed-circuit spillways designed for pressure flow must have
adequate anti-vortex devices. To prevent clogging of the conduit,
an appropriate trash guard shall be installed at the inlet or riser.
[7]
Emergency spillways convey the design flow safely past earth
embankments when the principal or auxiliary spillway is disabled.
Design engineers shall provide for an emergency spillway for each
basin.
[a]
Emergency spillways shall provide for passage of
the design flow at a safe velocity to a point downstream where the
berm will not be endangered. The maximum permissible velocity in the
exit channel shall be four feet per second, where only sparse vegetative
cover can be expected; where excellent vegetative cover and a vigorous
sod can be expected and maintained, the maximum permissible velocity
is six feet per second.
[b]
If chutes or drops are used for the principal or
emergency spillways, they shall be designed according to standards
in NRCS's Part 650 (Engineering Field Handbook) and National
Engineering Handbook, Part 650 (Hydrology), Section 5, "Hydraulics;"
Section 11, "Drop Spillways;" and Section 14, "Chute Spillways," incorporated
herein by reference. The minimum capacity of a structural spillway
shall be that required to pass the peak flow expected from the design
storm.
[8]
For excavated basins, provisions shall be made where needed
for a principal spillway, emergency spillway, and embankment in accordance
with the embankment and berm criteria described in this section.
[a]
Where soil conditions and safe maintenance practices
allow, side slopes of the excavated basin shall be stable and no steeper
than three horizontal to one vertical.
[9]
The material placed in the fill shall be free of detrimental
amounts of sod, roots, frozen soil, stones more than six inches in
diameter (except rock fills), and other objectionable material.
[a]
Drain fill shall be kept from being contaminated
by adjacent soil materials during placement by either placing it in
a cleanly excavated trench, or by keeping the drain at least one foot
above the adjacent earth fill.
[b]
Selected drain fill and backfill material shall
be placed around structures, pipe conduits, and anti-seep collars
at about the same rate on all sides to prevent damage from unequal
loading. Fill material shall be placed and spread beginning at the
lowest point in the foundation, and then bringing it up in continuous
horizontal layers thick enough that the required compaction can be
obtained. The fill shall be constructed in continuous horizontal layers.
If openings or sectionalized fills are required, the slope of the
bonding surfaces between the embankment in place and the embankment
to be placed shall not be steeper than the ratio of three horizontal
to one vertical. The bonding surface shall be treated the same as
that specified for the foundation to insure a good bond with the new
fill.
[c]
The distribution and gradation of materials shall
be such that no lenses, pockets, streaks, or layers of material shall
differ substantially in texture or gradation from the surrounding
material. If it is necessary to use materials of varying texture and
gradation, the more impervious material shall be placed in the center
and upstream parts of the fill. If zoned fills of substantially differing
materials are specified, the zones shall be placed according to lines
and grades shown on the drawings. The complete work shall conform
to the lines, grades, and elevations shown in the drawings or as staked
in the field.
[d]
The moisture content of the fill material shall
be adequate for obtaining the required compaction. Material that is
too wet shall be dried to meet this requirement, and material that
is too dry shall be wetted and mixed until the requirement is met.
Construction equipment shall be operated over each layer of fill to
insure that the required compaction is obtained. Special equipment
shall be used if needed to obtain the required compaction. If a minimum
required density is specified, each layer of fill shall be compacted
as necessary to obtain that density.
[e]
Fill adjacent to structures, pipe conduits, and
drain fill or anti-seep collars shall be compacted to a density equivalent
to that of the surrounding fill by hand tamping, or by using manually
directed power tampers or plate vibrators. Fill adjacent to concrete
structures shall not be compacted until the concrete has had time
to gain enough strength to support the load.
[10]
All permanent and temporary stabilization should
be applied pursuant to the Standards for Soil Erosion and Sediment
Control in New Jersey, N.J.A.C. 2:90.
[11]
In a principal spillway, pipe materials shall
conform to the appropriate specifications. Anti-seep collars shall
be made of materials compatible with that of the pipe and shall be
installed according to the manufacturer's instructions. It may
be firmly and uniformly bedded throughout its length, and shall be
installed to the line and grade shown on the drawings.
[12]
The mix design and testing of concrete shall be
consistent with the size requirements of the job. Mix requirements
or necessary strength shall be specified. The type of cement, air
entrainment, slump, aggregate, or other properties shall be specified
as necessary. All concrete is to consist of a workable mix that can
be placed and finished in an acceptable manner. Necessary curing shall
be specified. Reinforcing steel shall be placed as indicated on the
plans and shall be held securely in place during concrete placement.
Subgrades and forms shall be installed to line and grade, and the
forms shall be mortar tight and unyielding as the concrete is placed.
[13]
Foundation and embankment drains, if required,
shall be placed to the line and grade shown on the drawings. Detailed
requirements for drain material and any required pipe shall be shown
in the drawing and specifications for the job.
[14]
Concerning excavated basins, the compacted excavation
shall conform to the lines, grades, and elevations shown on the drawings
or as staked in the field.
[15]
Concerning embankment and excavated berms, construction
operations shall be carried out so that erosion and air and water
pollution are minimized, and held within legal limits. All work shall
be conducted in a skillful manner. The completed job shall present
a workmanlike appearance.
[a]
Measures and construction methods that enhance
fish and wildlife values shall be incorporated as needed and practical.
Ground cover to control erosion shall be established as needed and
practical. Fencing shall be provided as needed.
(5)
Guidelines for the following stormwater management BMPs are
found best in the Best Management Practices Manual, current edition.
Refer also to § 94-8:39F.
(6)
Detention basins shall be located in accordance with the following:
(a)
Detention basins may either be constructed on a lot solely utilized
for the purpose of the basin or on a lot dedicated for the purpose
of open space or on a lot on which a dwelling is to be erected. If
the basin is to be constructed on its own lot, the lot may vary from
the bulk requirements of the zone in which it is located, however,
a minimum of 20 feet of lot frontage on an improved street shall be
provided. The lot shall be of sufficient size to contain the basin
and all outfall structures entirely with a minimum distance of 25
feet from the top of the slope to any property line in any direction.
(b)
If the basin is to be constructed on a lot on which a residential
structure is to be erected, the basin and all associated drainage
structures shall be construed a minimum of 25 feet from the top of
the slope to any property line in any direction. In addition, a minimum
of 40 feet shall be maintained from the top of the slope to any residential
structure or accessory structure. Final plats shall provide for a
twenty-five-foot-wide drainage easement form the top of the slope
around the basin and shall provide for a twenty-foot-wide minimum
access to an improved street.
(c)
Nonresidential developments. Detention basins shall be constructed
so as to take advantage of natural features as to the greatest extent
possible. Maintenance access shall be provided to the basin from either
the surrounding right-of-way or from within the site driveway or parking
areas. Basins shall not be screened from view from the developed portions
of the site.
K.
Maintenance requirements.
(1)
The maintenance of stormwater management measures shall comply with the Stormwater Control Ordinance found at § 94-8.39.
(2)
The maintenance of the basins and associated structures shall
be clearly identified within the homeowners' association documents
submitted to the Board's Attorney for review.
(3)
Single-family homeowners' association. Where a detention
basin is constructed within common areas or single-family residential
developments, the maintenance of the basin and that of all drainage
structures and collection systems outside of rights-of-way dedicated
and accepted by the Borough shall be the sole responsibility of the
single-family homeowners' association.
(4)
Multifamily association. Where detention basins are constructed
within common areas of multifamily residential developments, the maintenance
of the basin and that of all drainage structures and collection systems
outside of rights-of-way dedicated and accepted by the Borough, shall
be the sole responsibility of the multifamily association.
(5)
Nonresidential detention basins. All nonresidential detention
basins shall be maintained by the property owner. In the event that
the basin also controls stormwater from off-site runoff from Borough
owned property rights-of-way and/or easements, the owner of the property
may request that the Borough maintain the basin only if a pro-rated
cash contribution has been deposited with the Borough as calculated
in § 94-8.39F(2)(b).
[Amended 7-14-1997 by Ord. No. 735; 7-7-1998 by Ord. No.
736; 11-2-1998 by Ord. No. 755; 11-7-2005 by Ord. No. 861; 10-5-2020 by Ord. No. 1076; 12-7-2020 by Ord. No. 2020-1077; 7-19-2021 by Ord. No. 2021-1078]
A.
Scope and purpose.
(1)
Policy statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure best management practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low-impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
(2)
Purpose. It is the purpose of this section to establish minimum stormwater management requirements and controls for "development" and "major development," as defined in Subsection B.
(3)
Applicability.
(a)
This section shall be applicable to all development which:
[1]
Require a development permit as defined in Chapter 94 of the Code of the Borough of Shrewsbury and meet or exceed the following stormwater thresholds:
[a]
Residential development where the total lot disturbance,
including new building and lot coverage, soil disturbance and/or regrading,
exceeds 5,000 square feet in all residential zone districts shall
be subject to quantity control standards; and/or
[b]
Nonresidential development or redevelopment, exceeding
1/4 acre of disturbance, and/or where lot coverage as a result of
development shall exceed 80% of the maximum permitted in the zone.
[2]
Aspects of residential major developments that are not preempted
by the Residential Site Improvement Standards at N.J.A.C. 5:21; and
[3]
Nonresidential major developments; and
[4]
Any development which requires a development permit, which does not meet the stormwater management thresholds outlined in Subsection A(3)(a) and does not meet the definition of major development, but increases lot coverage by more than 2,000 square feet, shall comply with the runoff quantity standards set forth in Subsection D(20).
(b)
This section shall also be applicable to all major developments
undertaken by the Borough of Shrewsbury.
(4)
Compatibility with other permit and ordinance requirements.
Development approvals issued for subdivisions and site plans pursuant
to this section are to be considered an integral part of development
approvals under the subdivision and site plan review 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.
CAFRA CENTERS, CORES OR NODES
CAFRA PLANNING MAP
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
DISTURBANCE
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOOD
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREAS
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
(1)
(a)
(b)
(c)
(d)
(2)
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
(1)
(2)
(3)
(4)
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
TIDAL FLOOD HAZARD AREA
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONES
URBAN REDEVELOPMENT AREA
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions. Unless specifically defined below, words or phrases
used in this section shall be interpreted so as to give them the meanings
they have in common usage and to give this section its most reasonable
application. 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.
Those areas within boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
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).
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 section.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Commissioners to review
municipal stormwater management plans and implementing ordinance(s).
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.
The New Jersey Department of Environmental Protection.
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 design and preparation of drawings and specifications.
A state development and redevelopment plan center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
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. In the case of development of agricultural
lands, "development" means any activity that requires a state permit;
any activity reviewed by the County Agricultural Board (CAB) and the
State Agricultural Development Committee (SADC), and municipal review
of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1
et seq.
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.
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.
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.
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.
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.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
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.
An individual "development," as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of "regulated impervious surface"
since February 2, 2004;
The creation of 1/4 acre or more of "regulated motor vehicle
surface" since March 2, 2021 (or the effective date of this section,
whichever is earlier); or
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."
All 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.
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.
Borough of Shrewsbury.
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 section. 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 section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with Subsection D(6) of this section 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 section.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, interstate or federal agency, Borough of Shrewsbury,
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.
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.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
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);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
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.
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.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
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.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of
these goals and policies.
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.
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 system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any structural or nonstructural strategy, 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.
A public body authorized by legislation to prepare stormwater
management plans.
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.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
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.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
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.
Previously developed portions of areas:
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.
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.
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.
General standards.
(1)
Design and performance standards for stormwater management measures.
(a)
Stormwater management measures for major development shall be
designed to provide the erosion control, groundwater recharge, stormwater
runoff quantity control, and stormwater runoff quality treatment as
follows:
[1]
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.
[2]
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
(b)
The standards in this ordinance apply only to new major development or development meeting applicability standards in Subsection A(3) and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or water quality management plan adopted in accordance with Department rules.
D.
Stormwater management requirements for major development.
(1)
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection I.
(2)
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(17) and (19):
(a)
The construction of an underground utility line provided that
the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground 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 groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsection D(17) and (19) 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;
(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(17) and (19) 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), (16), (17) and (20). 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 section
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 § 94-8.39D(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 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 D(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(2) are subject to the contributory drainage area limitation specified at Subsection D(2) 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(2) 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 1/3 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(4).
(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), (17) and (20) 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), (17) and (20) 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 the Office of the Monmouth County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(15), (16), (17) and (20) 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. 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 Monmouth 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 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
|
(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), (17) and (20).
(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), (17) and (20) unless the project is granted a waiver from strict compliance in accordance with Subsection D(4).
(16)
Groundwater recharge standards.
(a)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows.
(b)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:
[1]
Demonstrate through hydrologic and hydraulic analysis
that the site and its stormwater management measures maintain 100%
of the average annual pre-construction groundwater recharge volume
for the site; or
[2]
Demonstrate through hydrologic and hydraulic analysis
that the increase of stormwater runoff volume from pre-construction
to post-construction for the two-year storm is infiltrated.
(c)
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection D(16)(d) below.
(d)
The following types of stormwater shall not be recharged:
[1]
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 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
[2]
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.
(17)
Stormwater runoff quality standards.
(a)
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.
(b)
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.
(c)
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)(b) 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.
(d)
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
|
(e)
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 - (A x B)/100
|
|
Where:
| ||
|
R
|
=
|
total TSS percent load removal from application of both BMPs.
|
|
A
|
=
|
the TSS percent removal rate applicable to the first BMP.
|
|
B
|
=
|
the TSS percent removal rate applicable to the second BMP.
|
(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), (17) and (20).
(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.
(18)
Solid and floatable materials controls.
(a)
Site design features identified under Subsection D(5)(b)[9][b] above, or alternative designs in accordance with Subsection D(5)(b)[9][c] 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 D(18)(a)[2] below.
[1]
Design engineers shall use either 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:
[a]
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
[b]
A different grate, if each individual clear space
in that grate has an area of no more than 7.0 square inches, or is
no greater than 0.5 inch across the smallest dimension.
[c]
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 basin floors.
[d]
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 7.0 square inches,
or be no greater than 2.0 inches across the smallest dimension.
[2]
This standard does not apply:
[a]
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;
[b]
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;
[c]
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:
[i]
A rectangular space 4.625 inches long and 1.5 inches
wide (this option does not apply for outfall netting facilities);
or
[ii]
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).
[d]
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
[e]
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.
(19)
Erosion control, groundwater recharge and runoff quantity standards.
(Reserved)
(20)
Stormwater runoff quantity standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of development.
(b)
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, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same
storm events;
[2]
Demonstrate through hydrologic and hydraulic analysis
that there is no increase, as compared to the pre-construction 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
post-construction 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 post-construction
stormwater runoff that is attributable to the portion of the site
on which the proposed development or project is to be constructed;
or
[4]
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection D(20)(b)[1], [2] and [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.
[5]
Design of infiltration BMP meeting the minimum
standards prescribed by the NJDEP Stormwater Best Management Practices
Manuel, including requisite soil testing, to capture and recharge
roof runoff from an area equivalent to the overall impervious surfaces
onsite in excess of the maximum lot coverage permitted in the zone
where the property lies. The infiltration BMP shall be designed using
a two-year return frequency design
(c)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse,
or receiving storm sewer system.
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 or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology at Subsection E(1)(a)[1] and the rational and modified rational methods at Subsection E(1)(a)[2]. 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 have 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. 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 Groundwater-Recharge Areas in New Jersey, incorporated
herein by reference as amended and supplemented. Information regarding
the methodology is available from the New Jersey Stormwater Best Management
Practices Manual; at the New Jersey Geological Survey website at:
https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf, or at New
Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420
Mail Code 29-01, Trenton, New Jersey 08625-0420.
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.
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 basins.
This subsection applies to any new stormwater management basin.
NOTE: The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management basins. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management basins to be retrofitted to meet one or more of the safety standards in Subsection G(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
basin to ensure proper functioning of the basin 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 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)
Stormwater management BMPs shall include escape provisions. For purposes of this Subsection G(2)(c), "escape provisions" means the permanent installation of ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. Stormwater management basins shall include escape provisions as follows:
[1]
If a stormwater management BMPs has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in Subsection G(3), a freestanding outlet structure may be exempted from this requirement.
[2]
Safety ledges shall be constructed on the slopes of all new stormwater management basins 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 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 to 1 1/2 feet above the permanent water surface. See Subsection G(4) for an illustration of safety ledges in a stormwater management basin.
[3]
In new stormwater management BMPs, 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 basins 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.
|
Elevation View - Basin Safety Ledge Configuration
 |
H.
Requirements for a site development stormwater plan.
(1)
Submission of site development stormwater plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection H(3) below as part of the submission of the applicant's application for subdivision or site plan approval.
(b)
The applicant shall demonstrate that the project meets the standards
set forth in this section.
(2)
Site development stormwater plan approval. The applicant's
site development project shall be reviewed as a part of the subdivision
or site plan review process by the municipal board or official from
which municipal approval is sought. That municipal board or official
shall consult the engineer retained by the Planning and/or Zoning
Board of Adjustment (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.
(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 C through 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 depends on the hydrologic properties of soils or requires
certain separation from seasonal high water tides, then a soils report
shall be submitted. The soils report shall be based on onsite boring
logs or soil pit profiles. The number and location of required soil
borings or soil pits shall be determined based on what is 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 I.
[8]
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the Municipal Engineer, waive submission of any of the requirements in Subsection H(3)(a)[1] through [6] 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.
I.
Maintenance and repair.
(2)
General maintenance.
(a)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
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). 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.
(d)
If the person responsible for maintenance identified under Subsection I(2)(b) above is not a public agency, the maintenance plan and any future revisions based on Subsection I(2)(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(e)
Preventative and corrective maintenance shall be performed to
maintain the function of the stormwater management measure, including
repairs or replacement to the structure; removal of sediment, debris,
or trash; restoration of eroded areas; snow and ice removal; fence
repair or replacement; restoration of vegetation; and repair or replacement
of nonvegetated linings.
(f)
The party responsible for maintenance identified under Subsection I(2)(b) above shall perform all of the following requirements:
[1]
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;
[2]
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(h)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's or entity's
agreement to assume this responsibility, or of the owner's obligation
to dedicate a stormwater management facility to such person under
an applicable ordinance or regulation.
(i)
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 section shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
A.
All major and minor arterial, collector, local collector,
local and marginal access streets shall be designed in accordance
with the proposals contained in the Master Plan of the Borough and
in accordance with this subsection.
(1)
Upon receipt by the municipal agency of any
subdivisions or site plans calling for the installation of new streets
or the extension of old streets, the plats shall be referred to the
Borough Engineer, Police Department, Fire Department and the first
aid squad for review.
(a)
They shall make recommendations as to the acceptable
minimum widths of each street and shall base the recommendations upon
such factors as the location, proposed use and intensity of traffic,
with an emphasis upon safety considerations of a fire, first aid and
police nature.
(b)
These recommendations shall be submitted to
the Borough Engineer to be considered in conjunction with such studies
and statistics and other data which the Engineer shall have assembled
as a basis for determining minimum street widths within the Borough.
(2)
The enumerated standards are to be construed
as minimum standards and may be increased where, because of high traffic
volumes, steep grades or other such reasons, the municipal agency
determines that such action is necessary.
(3)
In residential subdivisions, the minimum street
width required by the attached Schedule of Street Design Standards
shall only be the minimum of 30 feet for certain minor streets designed
solely to allow access by residents to their homes. Under no circumstances
is the minimum width of any street in the Borough of Shrewsbury to
be less than 30 feet.
|
Schedule of Street Design Standards
| ||||
|---|---|---|---|---|
|
Street Classification
| ||||
|
Local
|
Collector Streets
|
Arterial Highways
| ||
|
Normal traffic capacity (ADT)
|
400
|
3,000
|
10,000
| |
|
Minimum right-of-way width (feet)
|
50
|
60
|
100
| |
|
Minimum paving width (feet)
| ||||
|
Two-way
|
30
|
40
|
60
| |
|
One-way
|
22
|
—
|
—
| |
|
Shoulder (or parking area) width1
|
—
|
—
|
2 at 8 feet
| |
|
Sidewalks
| ||||
|
Width (feet)
|
4
|
4
|
4
| |
|
Setback, from face of curb (feet)
|
3
|
3
|
4
| |
|
Design speed (mph)3
|
40
|
50
|
60
| |
|
Minimum radius of horizontal curvature at center
line (feet)
|
150
|
500
|
2,000
| |
|
Minimum tangent between reverse curbs (feet)
|
100
|
200
|
6004
| |
|
Maximum longitudinal grade
|
8%
|
8%
|
4%
| |
|
Minimum longitudinal grade
| ||||
|
Desirable
|
0.75%
|
0.75%
|
0.75%
| |
|
Absolute
|
0.40%
|
0.40%
|
0.40%
| |
|
Maximum longitudinal grade for 200 feet from
each side of an intersection
|
3.5%
|
3.00%
|
—
| |
|
Minimum curb return radius at intersection2 (feet)
|
15
|
25
|
45
| |
|
Vertical curve5
| ||||
|
Crest: minimum length equals 100 feet; based
on stopping sight distance at design speed
| ||||
|
Sag: minimum length equals 100 feet; based on
headlight illumination and stopping sight distance at design speed
| ||||
|
Maximum superelevation not required
|
—
|
—
|
6%
| |
|
Pavement cross slope minimum
|
3.00%7
|
3.33%8
|
1.50%8
| |
|
Curb face required6 (inches)
|
6
|
8
|
8
| |
|
Minimum property line corner radius2 (feet)
|
5
|
15
|
30
| |
|
NOTES:
| |
|---|---|
|
1
|
Shoulders or parking areas as may be required.
|
|
2
|
When dissimilar streets intersect, the larger
radius will be used.
|
|
3
|
For sight distance and vertical curve calculation
only.
|
|
4
|
As required to run out superelevation (1% per
section of travel at design speed).
|
|
5
|
Not required if algebraic difference of intersecting
grades does not exceed one.
|
|
6
|
Except in superelevation areas.
|
|
7
|
A six-inch crown.
|
|
8
|
An eight-inch crown.
|
B.
The arrangement of streets not shown on the Master
Plan or Official Map shall be such as to provide for the appropriate
extension and/or realignment of existing streets, except that local
and collector streets should only be extended when such extension
is necessary, and the municipal agency concurs that such extension
will promote safety and conform to the street standards contained
elsewhere in this chapter.
C.
Where developments abut existing roadways, sufficient
right-of-way shall be reserved to provide the right-of-way width proposed
for the functional classification of the street question.
D.
Local streets shall be designed in accordance with
the schedule of street design standards and the requirements contained
herein:
(1)
No street or road shall be designed which has
an elevation at the center line of less than 12 feet above mean low
tide and as indicated by the United States Coast and Geodetic Survey.
(2)
Local streets shall be arranged to discourage
through traffic.
(3)
Culs-de-sac (dead-end streets) should have a
center-line length, from the intersecting street center line to the
center point of the turnaround of the cul-de-sac of not less than
100 feet nor longer than 600 feet and should not provide access to
more than 25 lots.
(a)
They shall provide an end turnaround with a
pavement radius of not less than 50 feet and a property line radius
of not less than 60 feet and tangent whenever possible to the right
side of the street, when viewed toward the closed end.
(b)
In the event that it is contemplated that a
dead-end street shall be extended in the future, a temporary turnaround,
meeting the aforementioned design criteria shall be required, and
provisions shall be made for future extension of the street and reversion
of the excess right-of-way to the adjoining properties.
(4)
Loop streets should provide access to not more
than 45 lots.
(5)
P-loops, which are loop streets with a single
access point, should have an entrance not exceeding 700 feet in distance
from the loop intersection.
(a)
There should also be provided an emergency vehicular
and pedestrian right-of-way of 15 width from the loop providing access
to a street which is not a part of the P-loop.
(b)
The loop of a P-loop should have a street length
not exceeding 3,000 feet.
(c)
P-loops should provide access to no more than
45 lots, and the entrance street should be designed in accordance
with the design standards for collector streets.
(6)
Use of reduced paving width may be considered
by the municipal agency when a cul-de-sac or loop street provides
access to 25 or fewer lots, where, by reason of topography, physical
features or other conditions of the reduced paving width would substantially
reduce disruption of the development's environment. In no case shall
the paving width of a two-way cul-de-sac or loop street be reduced
to less than 36 feet.
E.
In any development, it shall be the duty of the municipal
agency to approve classification of proposed streets according to
their use, and in accordance with the federal classification of roadways.
In making decisions, the municipal agency shall refer to the Master
Plan and the Monmouth County Planning Board classification of roadways
and shall consider conditions within the development and the surrounding
areas and shall use as a guide the street classification and criteria
contained herein:
(1)
A "local street" is a street serving only single-family
residences and, where feasible, should be either a cul-de-sac or a
loop street meeting the requirements hereinabove set forth:
(2)
A "collector street" is generally a street gathering
traffic from local streets and feeding it into a system of arterial
highways.
(a)
Even if laid out as a local street, a street
should be considered a collector street if it provides access or could
provide access to more than 150 lots, or would be utilized by traffic
other than residential in nature.
(b)
Collector streets should generally be expected
to carry traffic volumes of approximately 3,000 vehicles per day.
(c)
The design speed of collector streets, for alignment
and sight distance purposes, should be 50 miles per hour.
(3)
"Arterials" are any federal, state or county
highways intended to carry traffic between other arterials and from
the Borough to destinations outside the Borough.
(4)
Street classifications will be approved by the
municipal agency in accordance with the foregoing definitions, in
accordance with the provisions of the Master Plan and Official Map,
if such is adopted, in accordance with the provisions of applicable
county and state regulations or plans or, in the absence of specific
information from the above, in accordance with its own best judgment
concerning the use to which the various streets in any development
will be put.
F.
All lots abutting collector streets should be provided
with suitable driveway turnarounds eliminating any necessity for vehicles
to back into the collector street.
G.
Other means of providing a satisfactory buffer separating
through and local traffic shall be provided as may be deemed proper
by the municipal agency.
H.
Dwellings on corner lots shall have their driveway
access on the roadway designed and intended to carry the lesser amount
of traffic.
I.
Street intersections shall be designed according to
the standards contained herein:
(1)
No more than two streets shall cross the same
point. Street intersections shall be at right angles wherever possible,
and intersections of less than 60° (measured at the center line
of streets) shall not be permitted.
(2)
Local streets should not enter the same side
of collector streets at intervals of less than 500 feet or arterials
at intervals of less than 1,200 feet.
(3)
Street jogs with center-line offsets of less
than 125 feet shall be avoided. Streets which enter collectors or
arterials from opposite sides shall be directly opposite to each other
or must be separated by at least 300 feet between their center lines
measured along the center line of an intersected collector; or 500
feet along the center line of an arterial.
(4)
Four-way (cross) intersections involving minor
or collector streets shall be avoided.
J.
Street layouts should be in accordance with the provisions
contained herein:
(1)
Curved local streets are preferred to discourage
speed and monotony. The maximum tangent distance between curves shall
not exceed 1,000 feet.
(2)
The municipal agency in all cases may require
provisions for continuing circulation patterns onto adjacent properties
and, for this purpose, may require the provision of stub streets (street
extensions) abutting adjacent properties.
(3)
Residential development areas containing more
than 100 lots or housing units should have two access points from
collector streets or arterial highways.
(4)
A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
K.
Street names and development names shall not duplicate,
nearly duplicate or be phonetically similar to the names of any existing
streets or developments in the Borough or contiguous areas of other
communities. Any continuation of an existing street shall have the
same street name.
L.
The developer shall complete all improvements to the
limits of the development, unless other provisions have been made
and approved by the municipal agency.
(1)
In those instances where completion of certain
improvements would not be possible until the development of adjacent
land takes place, alternate temporary improvements may be constructed
subject to the approval of the municipal agency.
(2)
Cash or a certified check representing the difference
between the value of the temporary improvements and the required improvements
may be accepted by the Borough Council to be credited toward the completion
of such improvements at such time as the adjacent land develops.
M.
The right-of-way width and other standards for internal
roads and alleys in multifamily, commercial and industrial developments
shall be determined by the municipal agency on an individual basis
and shall, in all cases, be of sufficient width and design to safely
accommodate maximum traffic, parking and loading needs, and maximum
access for firefighting equipment and shall generally conform to the
requirements herein.
N.
There shall be no reserve strips or areas controlling
access to streets except where control and disposal of the land comprising
such strips or areas have been placed under jurisdiction of the Borough
Council under conditions approved by the municipal agency.
A subdivision abutting public rights-of-way
shall not be exempt from the requirement of the Borough Street Excavation
Ordinance.[1]
[Amended 12-13-1993 by Ord. No. 670; 12-7-2020 by Ord. No. 2020-1077]
A.
For all major subdivisions which require site plan approval, the
developer shall arrange with the serving public utility to provide
streetlighting service upon the appropriate tariff and prevailing
government rules and regulations. The streetlighting shall be installed
at the average pole spacing of 150 feet on center for post-top luminaires
at an approximate mounting height of 13 feet or 200 feet on center
for standard streetlighting luminaires on a six-foot bracket at an
approximate mounting height of 25 feet. The Land Use Board may alter
the streetlighting requirements as it deems appropriate due to special
circumstances, including, but not limited to, intersections, curves,
culs-de-sac and collector or arterial roadways.
B.
The serving public utility shall install wiring in addition to that
on the approved streetlighting plan where said additional wiring is
required to accommodate the full plan in accordance with the utility's
filed tariff and approved procedure at the time.
C.
The cost of this additional wiring shall be the responsibility of
the subdivider.
D.
Streetlighting shall be installed, as directed by and subject to
approval by the municipal agency, prior to the certificates of occupancy
being issued.
E.
The cost of the additional wiring and electricity for streetlighting
for all streets within the development shall be paid for by the owner
or subdivider until streets are accepted by the Borough, all certificates
of occupancy have been issued and the Borough Council has authorized
the release of all performance bonds upon completion of all improvements
for the development.
F.
No major subdivision plat shall receive final approval unless the
suggested streetlighting plan of the electric utility is shown thereon.
G.
No subdivision plat shall receive final approval unless the suggested
streetlighting plan of the electric utility is shown thereon.
H.
Where a condition of approval of an application for development pursuant
to N.J.S.A. 40:55D-1 et seq. requires the installation of streetlighting
on a dedicated public street connected to a public utility, then,
upon notification in writing by the developer to the approving authority
and the Borough Council that the streetlighting on a dedicated public
street has been installed and accepted for service by the public utility
and that certificates of occupancy have been issued for at least 50%
of the dwelling units and 50% of the floor area of the nonresidential
uses on the dedicated public street or portion thereof indicated by
section pursuant to N.J.S.A. 40:55D-38, the Borough shall, within
30 days following receipt of the notification, make appropriate arrangements
with the public utility for and assume the payment of the costs of
the streetlighting on the dedicated public street on a continuing
basis. Compliance by the Borough with the provisions of this section
shall not be deemed to constitute acceptance of the street by the
Borough.
I.
After final acceptance, operation and maintenance costs of the streetlighting
shall be the responsibility of the Borough.
A.
Street signs shall be appropriate metal street signs
of a type and size approved by resolution of the Borough Council and
shall be properly installed at each street intersection.
B.
Street signs shall be placed two per intersection
on the near right-hand corner as viewed from both directions on the
street which is expected to carry the greatest traffic through the
intersection at locations approved by the Borough Engineer.
C.
Mountings shall be in accordance with the standard
procedures of the Borough or with requirements adopted by the Borough
Council.
D.
Street signs shall be placed before any certificate
of occupancy for houses on the subject street are issued.
A.
Any person erecting or constructing any new buildings
or residences within the Borough which require site plan or subdivision
approval shall plant pollution-resistant shade trees on the property
owner's side of the sidewalk adjacent thereto.
B.
Street trees shall be planted on the property owner's
side of the sidewalk, not to lie closer than five feet to existing
or future sidewalks.
(1)
In all cases, said trees shall be planted within
the municipal right-of-way in a place which shall not interfere with
utilities.
(2)
Trees shall be of pollution-resistant varieties
selected from among species determined by Shade Tree Commission.
(3)
The municipal agency in consultation with the
Shade Tree Commission may reduce or waive such plantings if there
are approved varieties of trees growing along such right-of-way or
on the property abutting the street line. A developer shall make a
donation to the Shade Tree Fund in lieu of the required plantings.
C.
The subdivider or developer shall be required to plant
such number of trees as shall be necessary, when taking into consideration
existing trees, to provide at least one tree in every 30 feet of front
yards.
(1)
Pollution-resistant shade trees shall be planted
along all private streets, undedicated roads, drives and parking areas
at intervals of not more than 30 feet of curbing or edge of pavement.
(2)
No tree shall be planted less than 25 feet from
an existing or proposed streetlight or street intersection.
D.
Pollution-resistant trees referred to above shall
be selected from among species determined by the Shade Tree Commission.
Species may include those approved for this purpose by the Monmouth
County Shade Tree Commission. Suitable trees shall be selected on
the basis of specific site conditions.
E.
All shade trees to be hereafter planted in accordance
with this chapter shall be nursery grown or of substantially uniform
size and shape and shall have straight trunks.
A.
All types of private swimming pools to be located
within residential side or rear yards are governed by the requirements
contained herein, including:
B.
All lighting fixtures for a private swimming pool
shall be installed so as to comply with all applicable safety regulations
and shall be shielded so as to prevent any direct beam of light from
shining on any adjoining property.
C.
No overhead electric lines shall be carried across
any swimming pool or wading area.
D.
No activities shall be conducted at any private swimming
pool which shall cause undue noise or constitute a nuisance to any
neighbor.
E.
When an application is made for a permit to construct
and locate a private swimming pool, the applicant shall obtain approval
from the Construction Official as to the suitability and adequacy
of design, materials and construction or construction specifications
of said pool, including all accessory equipment, apparatus and appurtenances
thereto. The application for a private swimming pool building permit
shall identify the building pool, all accessory equipment and apparatus,
the type of pool, all basic dimensions, the location of steps, diving
stands, boards and the location and detail specification of the enclosure
and gate on the lot.
F.
An outdoor private swimming pool shall be located
not less than eight feet from the side or rear of the residence on
a building lot, to the rear of the building setback line.
G.
The pump of a filtration or pumping station of a private
swimming pool shall be located not less than 10 feet from any side
or rear property line.
H.
Private pools situated or extended above ground level
and less than 50 feet from an abutting property shall be surrounded
by a suitable drainage system leading to a street or brook so as to
be able to carry away all the water in the pool in the case of a break.
I.
Permanent in-ground pools shall be surrounded entirely
by a substantial fence such as a stockade or cyclone or chain-link
fence, with no openings greater than two inches square and meeting
the requirements of the New Jersey Uniform Construction Code (N.J.U.C.C.);
however, sides of the residence that do not provide direct access
to the swimming pool may serve as part of the enclosure.
[Amended 4-11-1994 by Ord. No. 684]
(1)
The fence shall be located not less than six
feet from the closest edge of the pool.
(2)
Fences shall be at least four feet high.
(3)
All supporting structures shall be on the inside
of the fence, and the top of such support shall be at least one inch
lower than the top of the fence.
(4)
Permanent aboveground pools constructed with
an attached fence, being at least four feet in height above ground
level and meeting the requirements of the New Jersey Construction
Code, need no additional fencing.
(5)
Temporary aboveground pools, when not in use,
must be emptied or covered with a suitable protective covering, securely
fastened or locked in place unless enclosed by a fence meeting the
requirements for a permanent in-ground pool.
J.
Any opening or openings in the fence to afford entry
to the pool shall be equipped with a gate similar to the fence and
shall extend from not more than two inches above the ground to the
height of the fence. The gate shall be of a self-closing type, opening
outwardly only, and shall be equipped with a lock and key or padlock
and chain and shall be kept locked, except when the pool is in use.
A.
Topsoil shall not be removed from the site during
construction but shall be stored, stabilized in accordance with the
Standard for Soil Erosion and Sediment Control in New Jersey and subsequently
redistributed to areas most exposed to view by occupants and the public
and to areas where landscaped open space is required.
B.
Topsoil moved during the course of construction shall
be redistributed to provide at least six inches of cover to all areas
of the subdivision and shall be stabilized by seeding or planting.
Said seeding and planting must have attained a growth sufficient to
stabilize the soil before this section of the chapter will be considered
as being complied with.
C.
No topsoil shall be removed from the site or used
as spoil unless topsoil is remaining after all improvements have been
installed in accordance with an approved site plan or subdivision
map and has been redistributed in accordance with this subsection.
D.
If sufficient topsoil is not available on the site,
topsoil meeting the requirements of the standard specifications shall
be provided to result in a six-inch minimum thickness.
A.
The developer shall, prior to final acceptance, install
all traffic control devices required within any development or, with
the consent of the Borough Council, may pay to the Chief Financial
Officer a nonrefundable sum, in cash or certified check, in the amount
set by the Borough Engineer equal to the cost of all necessary traffic
control devices not installed by the developer.
[Amended 10-5-2020 by Ord. No. 1076]
B.
Traffic control devices shall include, but are not
limited to, signs, traffic lines, lights, reflectors and channelizing
markers.
(1)
The number, type, legend, placement and size
of all traffic control devices shall be in accordance with the Manual
on Uniform Traffic Control Devices by the United States Department
of Transportation and the requirements of municipal, county and state
regulations.
(2)
Proposed devices shall be according to an approved
plan submitted at the time of final plat approval.
C.
Construction details of all proposed traffic control
devices shall be in accordance with standards prepared by the Borough
Engineer and approved by the Borough Council.
[Amended 12-7-2020 by Ord. No. 2020-1077]
A.
All utility lines and necessary appurtenances, including,
but not limited to, electric transmission and electric and gas distribution,
communications, streetlighting and cable television, shall be installed
underground within easements or dedicated public rights-of-way in
accordance with the Typical Utility Layout and Typical Road Section[1] or in such other configuration as set forth by the approving
body, Borough Engineer and utility companies where necessary and appropriately
coordinated.
(1)
The installation of all underground utilities
shall conform to the regulations of the New Jersey State Board of
Public Utilities.
(2)
Installation of all utilities shall conform
to the construction standards of the appropriate utility.
[1]
Editor's Note: The Typical Utility Layout and Typical Road Section Drawings are included as attachments to this chapter.
B.
Utilities may be required to be located along the rear property lines or elsewhere with easements as provided in § 94-8.14 of this chapter.
(1)
All utility installation shall be connected
with a public utility system and shall be adequate for all present
and probable future development of the subdivision.
(2)
Wherever the utility is not installed in the
public right-of-way, an appropriate utility easement not less than
25 feet in width shall be provided and located in consultation with
the utility companies and/or Borough departments concerned.
C.
For all major subdivisions, the developer shall arrange
with the serving utility for the underground installation of the utility's
distribution supply lines and service connections in accordance with
the provisions of the applicable standard terms and conditions incorporated
as part of its tariff as the same are then on file with the State
of New Jersey Board of Public Utilities and shall submit to the municipal
agency, prior to the granting of final approval, a written instrument
from each serving utility which shall evidence full compliance with
the provisions of this section; provided, however, that lots in such
subdivisions which abut existing streets or public rights-of-way where
overhead utility distribution supply lines have theretofore been installed
on a portion of the streets involved may be supplied with service
from such overhead lines or extensions thereof, but the service connections
from the overhead lines shall be installed underground.
D.
In any event, new building service connections for
all multifamily developments and for any industrial, commercial or
office development containing a floor area of 10,000 square feet or
more shall be installed underground. All other new service connections
shall also be installed underground unless a specific waiver is granted
by the municipal agency.
E.
Where a state permit is required for utilities, the
applicant shall submit said permit prior to any final approval or
issuance of building permit as determined by the Land Use Board.
F.
Meters may be mounted on exterior walls. All meters
shall be screened so that they are not visible from any internal or
public street and access satisfactory to the supplying utility is
maintained.
[Amended 12-13-1993 by Ord. No. 670]
Prior to the approval of any final plat, the
full approval of any public water system must have been obtained from
the water supply utility and filed with the municipal agency, or the
final approval will be conditioned upon full approval from the water
supply utility.
A.
In all districts in the Borough where the maximum
percent of lot coverage is 15% or less, no more than 20% of such wooded
areas within the net tract area may be cleared or developed. The remaining
80% shall be maintained as permanent open space or preserved within
the lot.
B.
In zone districts in the Borough where the maximum
percent of lot covered is greater than 15%, no more than 40% of such
wooded areas within the net tract area may be cleared or developed.
The remaining 60% shall be maintained as permanent open space or preserved
within the lot.
C.
Individual healthy specimen and mature shade trees
of twelve-inch caliper or healthy specimen trees of eight-inch caliper
or greater or individual healthy ornamental trees of four-inch caliper
or greater shall be preserved wherever possible. All site plans shall
take into consideration the location and quality of all vegetation
and shall incorporate the preservation of said trees in relationship
to buildings, parking and open space.
[Added 3-12-1990 by Ord. No. 602]
Materials designated in Chapter 210, Article II, Recycling, shall be separated from other solid waste by the generator, and a storage area for recyclable material shall be provided as follows:
A.
For each subdivision application for single-family
units, the applicant shall provide a storage area of at least 12 square
feet within each dwelling unit to accommodate a four-week accumulation
of mandated recyclables, including but not limited to newspaper, glass
bottles, aluminum cans, tin and bimetal cans. The storage area may
be located in the laundry room, garage, basement or kitchen.
B.
For each subdivision application for multifamily units,
the applicant shall provide a storage area of at least three square
feet within each dwelling unit to accommodate a one-week accumulation
of mandated recyclables, including but not limited to newspaper, glass
bottles, aluminum cans, tin and bimetal cans. The storage area may
be located in the laundry room, garage or kitchen. Unless recyclables
are collected on a weekly basis from each dwelling unit, one or more
common storage areas must be provided at convenient locations within
the development.
C.
For each site plan application for commercial and
industrial developments, the applicant shall provide the municipal
agency with estimates of the quantity of mandated recyclable materials,
including but not limited to newspaper, glass bottles, aluminum cans,
tin and bimetal cans, high-grade paper and corrugated cardboard, that
will be generated by the development during each week. A separated
storage area must be provided to accommodate a one-to-four-week accumulation
of recyclable material. The municipal agency may require the location
of one or more common storage areas at convenient locations within
the development.
[Added 12-15-2008 by Ord.
No. 924; amended 5-20-2019 by Ord. No. 1059]
Residential structures constructed in the AH-MF-8 Overlay Zone
shall conform to the following minimum standards:
A.
No dwelling unit shall be less than 18 feet in width and the average
width of all dwelling units within a development shall not be less
than 20 feet.
B.
Each dwelling unit shall contain, at a minimum, a bedroom, a bathroom,
and a kitchen that shall be located separate and apart from other
rooms except that a living room and a dining area may be combined.
C.
Building facades shall be varied in appearance in accordance with § 94-8.4, Architectural and building site design standards.
D.
Each multifamily residential unit shall be constructed with, and
shall maintain, a private outdoor space that may be designed as a
deck, patio, balcony, or terrace containing a minimum of 50 square
feet.
E.
Off-street parking spaces shall be provided for each dwelling unit
in accordance with the New Jersey Residential Site Improvement Standards
(N.J.A.C. 5:21). At least one parking space shall be in an attached
garage, except in the case of affordable units. In addition, guest
parking shall be provided at the ratio of 0.5 parking space per dwelling
unit in accordance with the New Jersey Residential Site Improvement
Standards (N.J.A.C. 5:21). Required parking spaces may be provided
in any combination: at least one per unit within attached garages,
and the remaining on driveways leading to attached garages, or within
collective parking lots or areas. At least one parking space for each
dwelling unit shall be within 100 feet of that dwelling unit measured
along the route reasonably expected for access to and from the dwelling
unit.
F.
If a driveway is used to satisfy some of the parking requirements,
the driveway shall be no less than 22 feet in length from the face
of the garage to the back of the sidewalk or the right-of-way. Where
driveways are utilized to meet some of the parking requirements, integrity
and function of pedestrian walkways shall be maintained.
G.
Garages shall not be used as habitable living space or for any use
inconsistent with the use as a garage.
H.
Association documents shall contain provisions mandating that at
least one vehicle be parked in the garage and prohibiting the conversion
of garages to any other use, including habitable living space.
I.
The requirements of § 94-8-19, Garages, shall apply to
the design of garages for multifamily buildings, except that the requirement
in § 94-8-19D is modified to require rear- or side-entry
garages to the extent feasible.
[Added 12-15-2008 by Ord.
No. 925]
Sites containing accessory apartments constructed in all zones
shall conform to the following minimum standards:
A.
No dwelling
unit shall be less than 18 feet in width, and the average width of
all dwelling units within a development shall not be less than 20
feet.
B.
Self-contained
residential uses shall contain, at a minimum, sleeping quarters, sanitary
facilities, a kitchen, and a private entrance.
C.
Site
improvements in developments which contain accessory apartments as
a means of meeting affordable housing obligations shall be designed
to provide adequate means of recycling and refuse storage areas, screened
from public view on three sides by landscaping or other means. Solid
waste storage areas shall be conveniently located to serve the residential
units.
D.
Off-street
parking shall be provided in accordance with the Residential Site
Improvements Standards, and shall be shared with nonresidential uses.
E.
Off-street parking shall be designed to be conveniently located for all accessory apartments, and shall contain adequate means of illumination pursuant to the requirements of § 94-8.22.
F.
Site landscaping shall be provided in accordance with the requirements of § 94-8.21, and shall be designed to suitably buffer residential uses from solid waste storage areas, delivery zones, and other nonresidential elements of the overall site plan.
G.
Entrances
to accessory apartments shall be located in a such a manner to provide
a physical separation from loading zones or other portions of the
site where access to the general public would customarily be restricted
to employees only.
