A.
Unless specifically exempted elsewhere in this chapter or superseded
by the Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.),
the standards and improvements in this article shall be applied to
all development within Delaware Township. All development shall conform
to the Master Plan and Land Use Ordinance. The street locations and
classifications, drainage rights-of-way, school sites and public parks
shown on the Master Plan shall be adhered to in all approved plats.
B.
Where applicable, the standards set forth in this article shall be
considered the minimum requirements for the protection of the public
health, safety and welfare of the citizens of the Township. The municipal
agency may impose such additional requirements as are reasonably necessary
to implement the standards set forth in this article. However, if
the applicant can clearly demonstrate that, because of peculiar conditions
pertaining to his land, the literal enforcement of any portion of
this article is impracticable or will exact undue hardship, the municipal
agency may permit such waivers as may be reasonable and are within
the general purpose and intent of the rules, regulations and standards
established by this article.
A.
Utility easements. Where major utility distribution lines are installed,
easements shall be at least 50 feet wide and located in consultation
with the utility companies and municipal departments concerned. For
residential and commercial uses, setback lines shall be located 50
feet from the center of the outermost underground or aboveground fuel
pipeline, or 50 feet from the border of an existing easement line.
Where no easement currently exists, the setback line shall be located
100 feet from the outermost point of the utility structure.
B.
Conservation and drainage easements. To ensure the protection of
the following environmentally critical areas within the Township and
to comply with the purposes and intent of the Municipal Land Use Law,
the Master Plan of Delaware Township, and this chapter, a conservation
and/or drainage easement may be required prior to subdivision or site
plan approval on all wetlands, on slopes over 25% and along all watercourses
a distance from each bank determined by the natural features of the
site but in no case less than 50 feet from top of bank. Such easements
shall conform in substance to those described in Appendix I, II, or
III, whichever is applicable,[1] and shall be recorded by the applicant in the Hunterdon
County Clerk's Office. Such easements shall also be indicated on all
subdivision or site plan plats. Areas within the boundaries of such
easements will be considered as part of proposed lots but shall be
subtracted from the lot area when calculating coverage. The governing
body may, upon the recommendation of the Environmental Commission,
approve the placement of one or more appropriately inconspicuous signs
marking the edge of the conservation easement area.
[1]
Editor's Note: Said appendixes are included as attachments to this chapter.
C.
Sight easements. Sight easements, as defined in § 230-5, shall be required at the intersection of a private accessway or a driveway with a street or at the intersection of two streets. Sight easements shall be 25 feet by 25 feet measured along the edge of the cartway, unless a larger area is specified elsewhere in this chapter or is required by another agency having jurisdiction over the higher-order street.[2]
A.
Purpose. The intention of these requirements is to provide standards
for the protection of the public health and safety as well as aesthetic
values of adjacent property.
B.
Height. A fence four feet or higher shall require a construction
permit, except in an A-1 or A-2 Zone. On any lot in any residential
or residential-commercial district, no wall or fence shall be erected
or altered so that said wall or fence shall be over six feet in height,
except agricultural fences, which shall not have a maximum height.
Tennis courts in all zones may have a permitted height of 12 feet.
C.
Fence safety. No fence in a village zone shall be erected of barbed
wire, or electrified or topped with metal spikes or constructed of
any material or in any manner which may be dangerous to persons or
animals. Such fences shall be permitted for agricultural uses in the
A-1 and A-2 Zones.
D.
Fence type. Solid architectural fences shall be required along all
lot lines except the street line for all nonresidential lots where
said lot lines abut residential zoning district lines. A solid wooden
fence or similar fence easily entered by emergency apparatus shall
be permitted. Such architectural fences may be made of any material
that is aesthetically pleasing and prevents the dissemination of odors,
noise, debris and sight across the residential zoning boundary. Fences
used for this purpose shall not be less than six feet in height.
E.
Fence maintenance. In any zone, walls or fences erected shall be
maintained in an aesthetically pleasing manner, and any failure to
do so shall be subject to the Construction Official's order to repair
or replace the wall or fence in order to meet the requirements of
this chapter.
F.
Swimming pool fences. In all zones, there shall be a fence not less
than four feet high completely enclosing any below-ground swimming
pool and any other swimming pool less than four feet above the ground.
Each gate in a pool fence shall be capable of being locked when not
in use.
G.
Finished side. The finished side of all fences shall be on the outside
facing away from the lot on which it is erected. The intent of this
provision is for safety purposes to prevent easy access from neighboring
property.
H.
Plant material in lieu of fence. Nothing in this section prevents
the use of plant materials along any lot line in addition to the fence
requirement, but plant materials cannot be substituted for the fence
where a fence is required. Open chain link, chain link with plastic
slats, or chain link with redwood slats shall not be considered to
be an architecturally solid fence.
I.
Fence drainage restriction. No wall or fence shall be designed or
placed so as to restrict the natural flow of drainage or cause stagnant
water conditions. Any wall or fence that is found to restrict the
natural flow of drainage or cause stagnant water conditions shall
be removed, relocated, or corrected by the owner upon order of the
Construction Official.
[Amended 4-14-2014 by Ord. No. 2014-02LU; 2-25-2019 by Ord. No. 2019-01]
A.
A home
occupation/home-based business as defined in this chapter is a permitted
accessory use in any zone. A home occupation/home-based business must
be conducted within the principal dwelling which is a bona fide residence
of the person conducting the home occupation/home-based business,
or in an accessory building on the same premises. The home occupation/home-based
business shall be carried on within the dwelling unit or such accessory
building, but the total aggregate area utilized for all home occupations/home-based
businesses on such premises shall not exceed a total area equivalent
to 40% of the total first floor area of the principal dwelling or
900 square feet, whichever is less.
B.
No accessory
equipment and/or materials shall be located within the front yard,
or in the side yard setback, of any property and shall be located
in such a manner that a person in the community would not be aware
of its existence under normal circumstances.
C.
The number
of home occupation/home-based business employees who are not bona
fide residents of the principal dwelling shall be limited to one.
Notwithstanding the foregoing, it is recognized that a home occupation/home-based
business may have an occasional gathering of employees on a short-term
basis for a particular need. Enforcement of this exception shall be
subject to the reasonable discretion of the Zoning Officer. The Zoning
Officer's decision may be appealed to the Zoning Board of Adjustment.
Prior to the granting of final approval of a major subdivision, the developer shall have installed all improvements required by this chapter, or have furnished the guarantees hereinafter described. All improvements shall be subject to inspection and approval by the Municipal Engineer, who shall be notified by the developer as required in Chapter 319, Streets and Sidewalks, Article I, Roads and Improvements.
A.
On-tract improvements, guarantees, surety, release.
(1)
Performance
and maintenance guarantees.
(a)
Before recording of final subdivision plats or as a condition of
final site plan approval, the municipal agency may require, for the
purpose of assuring the installation and maintenance of on-tract improvements:
[1]
The furnishing of a performance guarantee in favor of the Township
in an amount not to exceed 120% of the cost of installation as calculated
by the Municipal Engineer according to N.J.S.A. 40:55D53.4 for improvements
deemed necessary or appropriate, including: streets, grading, pavement,
gutters, curbs, sidewalks, streetlighting, shade trees, surveyors'
monuments as shown on the final map and required by the Map Filing
Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.) water mains, culverts,
storm sewers, sanitary sewers of other means of sewage disposal, drainage
structures, erosion control and sedimentation control devices, public
improvements of open space and other on-site improvements and landscaping.[1]
(b)
In the event that other governmental agencies or public utilities
will automatically own the improvements to be installed or if the
improvements are covered by a performance or maintenance guarantee
to another governmental agency, no performance or maintenance guarantee
for such improvements shall be required by Delaware Township.
(2)
The amount of any performance guarantee may be reduced by the
governing body, by resolution, when portions of the improvements have
been certified by the Municipal Engineer to be completed. The time
allowed for installation of the improvements, for which the performance
guarantee has been provided, may be extended by said body by resolution.
(3)
If the required improvements are not completed or corrected
in accordance with the performance guarantee, the obligor and surety,
if any, shall be liable thereon to the Township for the reasonable
cost of the improvements not completed or corrected and the Township
may, either prior to or after the receipt of the proceeds thereof,
complete such improvements.
(4)
Preparation of list and report by Engineer.
(a)
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the Municipal Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A(4)(b), a list of all uncompleted or unsatisfactorily completed improvements. If such a request is made, the obligor shall send a copy of the request to the Municipal Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgement of the obligor. Thereupon, the Municipal Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.[3]
(b)
The list prepared by the Municipal Engineer shall state, in
detail, with respect to each improvement determined to be incomplete
or unsatisfactory, the nature and extent of, and remedy for the unsatisfactory
state of, each completed improvement determined to be unsatisfactory.
The report prepared by the Municipal Engineer shall identify each
improvement determined to be complete and satisfactory together with
a recommendation as to the amount of reduction to be made in the performance
guarantee relating to the completed and satisfactory improvement,
in accordance with the itemized cost estimate prepared by the Municipal
Engineer and appended to the performance guarantee.
(5)
Approval or rejection of improvements.
(a)
The governing body, by resolution, shall either approve the
improvements determined to be completed and satisfactory by the Municipal
Engineer, or reject any or all of these improvements upon the establishment
in the resolution of cause for rejection, and shall approve and authorize
the amount of reduction to be made in the performance guarantee relating
to the improvements accepted, in accordance with the itemized cost
estimate prepared by the Municipal Engineer and appended to the performance
guarantee. This resolution shall be adopted not later than 45 days
after receipt of the list and report prepared by the Municipal Engineer.
Upon adoption of the resolution by the governing body, the obligor
shall be released from all liability pursuant to its performance guarantee,
with respect to those approved improvements, except for that portion
adequately sufficient to secure completion or correction of the improvements
not yet approved; provided that 30% of the amount of the performance
guarantee posted may be retained to ensure completion and acceptability
of all improvements.
(b)
If the Municipal Engineer fails to send or provide the list
and report as requested by the obligor within 45 days from receipt
of the request, the obligor may apply to the court in a summary manner
for an order compelling the Municipal Engineer to provide the list
and report within a stated time, and the cost of applying to the court,
including reasonable attorney's fees, may be awarded to the prevailing
party.
(c)
If the governing body fails to approve or reject the improvements
determined by the Municipal Engineer to be completed and satisfactory
or reduce the performance guarantee for the completed and satisfactory
improvements within 45 days from the receipt of the Municipal Engineer's
list and report, the obligor may apply to the court in a summary manner
for an order compelling, within a stated time, approval of the completed
and satisfactory improvements and approval of a reduction in the performance
guarantee for the approvable completed and satisfactory improvements
in accordance with the itemized cost estimate prepared by the Municipal
Engineer and appended to the performance guarantee; and the cost of
applying to the court, including reasonable attorney's fees, may be
awarded to the prevailing party.
(d)
Any partial reduction granted in the performance guarantee pursuant
to this section shall be applied to the cash deposit portion of the
performance guarantee in the same proportion as the original cash
deposit bears to the full amount of the performance guarantee.
(6)
If any portion of the required improvements is rejected, the
governing body may require the obligor to complete such improvements
and upon completion, the same procedure of notification, as set forth
in this section, shall be followed.
(7)
Nothing herein, however, shall be construed to limit the right
of the obligor to contest by legal proceedings any determination of
the governing body or the Municipal Engineer.
(8)
Inspections; anticipated fees.
(a)
All site improvements and utility installations for site plans,
subdivisions, plot plans and other realty improvements shall be inspected
during the time of their installation under the supervision of the
Municipal Engineer and/or other officials or professionals serving
the Township in order to insure satisfactory completion. The total
cost of said inspections shall be the responsibility of the developer,
who shall reimburse the Township for all reasonable inspection fees
paid to the Municipal Engineer and/or other officials of professionals
serving the Township. Prior to the start of inspections, the developer
shall deposit with the Municipal Treasurer for payment of the inspection
costs a sum equal to 5% of the amount of the estimated costs for the
construction of the improvements as set forth in the itemized list
appended to the performance guarantee or $500, whichever is greater.
(b)
For those developments for which the reasonably anticipated
fees are less than $10,000, fees may, at the option of the developer,
be paid in two installments. The initial amount deposited by the developer
shall be 50% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the developer has been reduced by the amount
paid to the Municipal Engineer for inspection, the developer shall
deposit the remaining 50% of the anticipated inspection fees.
(c)
For those developments for which the reasonably anticipated
fees are $10,000 or greater, fees may, at the option of the developer,
be paid in four installments. The initial amount deposited by the
developer shall be 25% of the reasonably anticipated fees. When the
balance drops to 10% of the reasonably anticipated fees because the
amount deposited by the developer has been reduced by the amount paid
to the Municipal Engineer for inspection, the developer shall make
additional deposits of 25% of the reasonably anticipated fees. The
Municipal Engineer shall not perform any inspections if insufficient
funds to pay for those inspections are not on deposit.
B.
Required improvements.
(2)
Streets and pavements. The developer shall design and construct streets and pavements meeting the specifications set forth in Chapter 319, Streets and Sidewalks, Article I, Roads and Improvements, except where the residential site improvement standards (N.J.A.C. 5:21 et seq.) are applicable. Private accessways, as permitted in §§ 230-16E(6) and 230-17E(5) and regulated in § 230-110, shall only be permitted to serve lots created by minor subdivision; all lots in a major subdivision shall be served by public streets.
(3)
Interior roads. All major subdivisions shall provide for interior
roads having the fewest feasible number of accesses to arterial streets
unless the municipal agency determines upon satisfactory evidence
that because of the size, shape, topographical condition or location
of the tract in question interior roads are not required to promote
the free flow of traffic and the safety of those using the existing
public roadways.
(4)
Curbs and sidewalks. The developer shall construct curbs, gutters and sidewalks when required by the municipal agency, in accordance with the specifications set forth in Chapter 319, Streets and Sidewalks, Article I, Roads and Improvements, except where the Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.), are applicable.
(5)
Street name signs. Street name signs shall be placed at all
street intersections within the subdivision. Street signs shall be
of a type, size and design recommended by the municipal agency. Two
signs on a pole shall be placed at each intersection on the near right-hand
corner as viewed from the street that is expected to carry the greatest
traffic through the intersection. If both streets are expected to
carry equal traffic, the locations shall be determined by the Municipal
Engineer.
(6)
Traffic control signs. Traffic control signs shall be installed
as directed by the applicable authority and in strict conformance
with the Manual on Uniform Traffic Control Devices.
(7)
Streetlights. Streetlights shall be installed by the developer
if it is determined by the municipal agency that such lighting is
necessary for public safety. Streetlights and poles shall be of a
type recommended by the municipal agency and approved by the resolution
of the governing body and by the electric utility company serving
the proposed subdivision, and located so as to provide a minimum lighting
level of 0.5 horizontal footcandle on all arterial streets. The developer
shall provide for initial installation of any streetlights, the locations
to be approved by the municipal agency. After final acceptance, operation
and maintenance costs shall be the responsibility of the municipality.
(8)
Utility installations. All utility lines and necessary appurtenances,
including but not limited to electric transmission and electric, gas
and water distribution, communications, streetlighting and cable television,
shall be installed underground within easements or dedicated public
rights-of-way. All power and telephone underground lines shall be
confined to a five-foot easement with the street ROW immediately adjacent
to one of the street ROW lines. Any additional easement width required
shall be located on the abutting private property. The developer shall
arrange with the serving utility for the underground installation
of the utility supply lines and service connections in accordance
with the provisions of the applicable Standard Terms and Conditions
of the Tariff as the same are then on file with the State of New Jersey
Board of Public Utility Commissioners and shall submit to the municipal
agency prior to the granting of approval a written instrument from
each serving utility which shall evidence full compliance with the
provisions of this section; provided, however, that lots in subdivisions
which abut existing easements or public rights-of-way where overhead
utility lines have theretofore been installed may be supplied with
service from such overhead lines if no new utility poles are required.
In any event, all new building service connections shall be installed
underground.
(9)
Storm drains and culverts. Where storm drains or culverts are
required, on-site or off-site, all streets shall be provided with
sufficient catch basins, storm sewers, culverts, water retention basins
and other drainage appurtenances for the proper drainage of the area
in the light of existing and future conditions. All such facilities
shall be constructed in accordance with the standards and requirements
set forth in the New Jersey Residential Site Improvement Standards.
Where storm drainage improvements of culverts are required off-tract,
the facilities' cost shall be prorated.
(10)
Sewage disposal.
(a)
Where a public sanitary sewer system is available on-site, each
lot within a subdivision area shall be provided with sewage disposal
facilities by the required extension of sewer mains and connections
thereto, the costs thereof to be borne solely by the developer. Proof
shall be supplied to the municipal agency that all aspects of the
construction of the public sanitary sewer system conform to the Residential
Site Improvement Standards (N.J.A.C. 5:21 et seq.), and all other
applicable state, county and municipal regulations. Such installations
shall be subject to the approval of the Municipal Engineer.
(b)
Where a development necessitates the extension of an off-tract sanitary sewer system, its installation shall be in accordance with Chapter 319, Streets and Sidewalks, Article I, Roads and Improvements, except where the Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.), are applicable, and shall be subject to the approval of the Municipal Engineer and the Delaware Township Municipal Utilities Authority (DTMUA). Cost allocations shall be as determined and approved by the Delaware Township Municipal Utilities Authority (DTMUA).
(c)
Where a public sanitary sewer system is not reasonably accessible
and where immediate installation of sewer lines and a sewage disposal
plant is not required, the developer may be required by the municipal
agency to install within the subdivision a complete capped sewer pipe
system including provision for connection thereto at each lot, provided
there is reliable information to indicate that connection of the development
to a public sanitary sewerage system can be anticipated within six
years. Under such circumstances, the developer shall be required to
install individual sewage disposal systems for each lot at the time
improvements are erected thereon in addition to dry-laid sewers.
(d)
Individual subsurface disposal systems shall comply with N.J.A.C.
7:9A-3.2 and 3.16.
(11)
Water supply.
(a)
Where a public water system is available on-site or off-site,
each lot within a subdivision shall be provided with public water
facilities by the required extension of water mains and connections
thereto, the costs thereof to be borne solely by the developer. Proof
shall be supplied to the municipal agency that all aspects of the
construction of a public water system conform to the Residential Site
Improvement Standards (N.J.A.C. 5:21 et seq.) and all other applicable
state, county and municipal regulations. Such installations shall
be subject to the approval of the Municipal Engineer.
(b)
Where a development necessitates the extension of an off-tract
water system, its installation shall be in accordance with the Residential
Site Improvement Standards (N.J.A.C. 5:21 et seq.) and the requirements
of the applicable water company, and cost allocations shall be as
determined by the applicable water company.
(c)
Where a public water system is not reasonably accessible and
where immediate installation of water lines is not required, the developer
may be required by the municipal agency to install, within the subdivision,
a complete capped water pipe system including provision for connection
thereto at each lot, provided there is reason to believe that connection
to a public water system can be anticipated within six years. In addition,
the developer shall be required to install individual wells for each
lot at the time improvements are erected.
(d)
Whenever a well is required, the developer, prior to preliminary approval, shall submit testimony of or a statement by a qualified geologist that underground potable water is available in sufficient quantity and quality to serve the proposed subdivision and meet the requirements of §§ 230-88H and 230-122 of this chapter. Wells shall meet the requirements of all applicable regulatory agencies.
(12)
Fire hydrants. Fire hydrants shall be installed when a central
water supply exists or where one is proposed. Size, type and installation
of fire hydrants shall be in accordance with the Residential Site
Improvement Standards (N.J.A.C. 5:21 et seq.), and shall be subject
to inspection and approval by the Municipal Engineer and the Fire
Chief.
C.
Off-tract improvements.
(1)
General. Prior to granting of final approval, the developer
shall have installed or made cash payments toward the ultimate installation
of off-tract improvements in accordance with the standards and conditions
governing off-tract improvements. Off-tract improvements herein shall
include, but not be limited to, installation of new improvements and
extension and modifications of existing improvements.
(2)
Estimate of cost and benefits. If an off-tract improvement is
required, the municipal agency shall, with the aid of the Municipal
Engineer and such other persons as have pertinent information or expertise,
estimate: the cost of the improvement; and the amount by which all
properties to be serviced thereby, including the developer's property,
will be specially benefited therefrom.
(3)
Improvements required. Developers shall be required, as a condition
of approval of a subdivision or site plan, to pay their pro rata shares
of the costs of providing reasonable and necessary street improvements
and water, sewerage, and drainage facilities and easements therefor
located outside the property limits of the subdivision or site plan
but necessitated or required by construction or improvements within
said subdivision or site plan. The criteria in this section shall
be utilized in determining a developer's proportionate or pro rata
share of necessary off-tract improvements. Where a developer pays
the amount determined as the pro rata share under protest, such developer
shall institute legal action within one year of such payment or forfeit
the right to recoup the funds in question.
(4)
Improvements to be constructed at sole expense of developer. In cases where the reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application and where no other property owners receive a special benefit thereby, the developer may be required as a condition of approval, at the developer's sole expense, to provide for and construct such improvement(s) as if such were on-tract improvement(s) in the manner provided in § 230-106B of this chapter and otherwise provided by law, or, in lieu thereof, the developer may be required to deposit with the Township a sum of money sufficient to allow the Township to acquire and/or improve such lands.
(5)
Other improvements. In cases where the need for any off-tract
improvements is necessitated by the proposed development and where
it is determined that properties outside the development will also
be benefited by the improvement, the following criteria shall be utilized
in determining the developer's proportionate share of such improvements:
(a)
Sanitary sewers. The capacity and design of the sanitary sewer
system shall be based on "Rules and Regulations for the Preparation
and Submission of Sewerage Systems, New Jersey Department of Environmental
Protection," and all Delaware Township sewer design standards, including
infiltration standards. For distribution facilities, including the
installation, relocation or replacement of collector, trunk and interceptor
sewers and the installation, relocation or replacement of other appurtenances
associated therewith, the applicant's proportionate share shall be
computed as follows:
[1]
The capacity of the existing system to serve the entire improved
drainage area shall be computed. If the system is able to carry the
total developed drainage basin, no improvement or enlargement cost
will be assigned to the developer. If the existing system does not
have adequate capacity for the total developed drainage basin, the
prorated enlargement or improvement share shall be computed as follows
(gpd = gallons per day):
|
Total enlargement cost
or improvement cost
Developer's cost
|
=
|
Total tributary gpd
Developer's gpd
|
[2]
If it is necessary to construct a new system in order to develop
the subdivision, the prorated share to the developer shall be computed
as follows:
|
Total project cost
Developer's cost
|
=
|
Total tributary gpd
to new system
Developer's gpd
|
[3]
The plans for the new, improved or extended system shall be
prepared by the developer's engineer. All work shall be calculated
by the developer and approved by the Municipal Engineer.
(b)
Roadways. For street widening, alignment, channelization of
intersections, construction of barriers, new or improved traffic signalization,
signs, curbs, sidewalks, trees, utility improvement not covered elsewhere,
the construction or reconstruction of new or existing streets and
other associated streets or traffic improvements, the developer's
proportionate cost shall be determined as follows:
[1]
The developer's engineer shall provide the Municipal Engineer
with the existing and anticipated peak-hour flows for the off-tract
improvement.
[2]
The developer shall furnish a plan for the proposed off-tract
improvement that shall include the estimated peak-hour traffic generated
by the proposed development. The ratio of the peak-hour traffic generated
by the proposed development to the future peak-hour traffic shall
form the basis of the proportionate share. The prorated share shall
be computed as follows:
|
Total cost of the roadway
improvement and/or extension
Developer's cost
|
=
|
Total future peak-hour traffic
Additional peak-hour traffic generated by the development
|
(c)
Drainage improvements. For stormwater and drainage improvements,
including the installation, relocation or replacement of storm drains,
culverts, catch basins, manholes, riprap, or improved drainage ditches
and appurtenances thereto and the relocation or replacement of other
storm drainage facilities or appurtenances associated therewith, the
developer's proportionate share shall be determined as follows:
[1]
The capacity and design of the drainage system to accommodate
stormwater runoff shall be based on a method described in Urban Hydrology
for Soil Watersheds Technical Release 55, Natural Resources Conservation
Service, USDA, January 1975, as amended, and shall be computed by
the developer's engineer and approved by the Municipal Engineer.
[2]
The capacity of the enlarged, extended or improved system required
for the subdivision and areas outside of the developer's tributary
to the drainage system shall be determined by the developer's engineer,
subject to approval by the Municipal Engineer. The plans for the enlarged
or improved system shall be prepared by the developer's engineer,
and the estimated cost of the enlarged or improved system shall be
calculated by the Municipal Engineer. The developer's prorated share
of the proposed improvement shall be computed as follows (cfs = cubic
feet per second):
|
Total cost of enlargement
or improvement of
drainage facilities
Developer's cost
|
=
|
Total tributary cfs
Development's cfs
|
(d)
Water supply and distribution facilities. Water supply and distribution
facilities may be based upon the added facilities required by the
total anticipated water use requirements of the development. If such
facilities are within the jurisdiction of an autonomous water company,
the regulations of that entity shall apply in lieu of the Township's.
(6)
Computation of pro rata share by municipal engineer. In any
case in which the developer fails to provide the approving authority
with estimates by a qualified traffic consultant and/or consulting
engineer with regard to estimated improvement costs and all other
information necessary to apportion costs, the approving authority
may rely on the estimates of the Municipal Engineer in order to prorate
costs.
(7)
Manner of construction. When the estimates are completed, the
municipal agency shall recommend to the governing body whether the
off-tract improvement is to be constructed:
(a)
By the municipality as a general improvement; or
(b)
By the municipality as a local improvement; or
(c)
By the developer under a formula providing for partial reimbursement
by the municipality for benefits to properties other than the development;
and
(d)
If monies are to be held in escrow for off-tract improvement(s)
to be constructed at a later date.
(8)
Escrow accounts. Where the proposed off-tract improvement is
to be undertaken at some future date, the moneys required for the
improvements shall be deposited to the credit of the Township in a
separate account until such time as the improvement is constructed.
In lieu of a cash escrow account, the developer may present an irrevocable
letter of credit for the term required in a form acceptable to the
Township Attorney. If the off-tract improvement is not begun within
10 years of deposit, all moneys and interest shall be returned to
the developer or the letter of credit shall be surrendered. An off-tract
improvement shall be considered begun if the Township has taken legal
steps to provide for the design and financing of such improvement.
(9)
Amount of contribution. When the estimated amount by which the
subdivision will be specially benefited has been determined, the developer
may be required to provide, as a condition of final approval of the
development, a cash deposit to the municipality in the amount of such
estimate. This requirement shall be applicable whether the improvement
is to be constructed by the municipality as a general improvement
or a local improvement or whether it is to be constructed by the developer.
In all cases, the developer shall be required to enter into an agreement
or agreements with the Township in regard to off-tract improvements,
in accordance with this chapter and any other ordinances, policies,
rules and regulations of the Township, county, state and any departments,
authorities or agencies thereof.
(10)
Assessment of properties. Upon receipt from the developer of
its allocated share of the costs of the off-tract improvements, the
municipality may adopt a local improvement assessment ordinance for
the purpose of construction and installation of the off-tract improvements
based upon the actual cost thereof. Any portion of the actual cost
of the improvements not defrayed by the deposit from the developer
may be assessed against benefiting property owners by the municipality.
Any assessments for benefits conferred by a particular improvement
that may be made against the developer or its successors in interest
shall be reduced by the developer's pro rata share of the cost allocated
to such improvement from the amount previously deposited by the developer
with the Municipal Clerk.
(11)
Credit for work performed. In the event the developer, with
the municipality's consent, decides to install and construct the off-tract
improvement, or any portion thereof, the certified cost shall be treated
as a credit against any assessment for that particular off-tract improvement,
or portion thereof, and the developer shall be entitled to the return
of all or a proportionate part of the cash previously deposited by
the developer with the Municipal Clerk.
(12)
Installation of improvements by the applicant.
(a)
The municipality may, at its discretion and option, enter into
a contract with the developer to provide for the installation and
construction of the off-tract improvements by the developer, upon
contribution by the municipality of the remaining unallocated portion
of the cost of the off-tract improvement.
(b)
In the event the municipality chooses to contribute to the cost
and expense of installation of off-tract improvements by the developer,
the portion contributed by the municipality shall be subject to possible
certification and assessment as a local improvement against benefiting
property owners, if applicable.
A.
Purpose. The purpose of these regulations is to promote the following
goals:
(1)
To enhance the aesthetic and environmental character of the
site being developed.
(2)
To integrate to the maximum extent practical the existing native
vegetation within the development and to preserve the biodiversity
of the native plant communities and the wildlife which depend on them.
(3)
To preserve or create contours and vegetation needed to maximize
groundwater discharge.
(4)
To maintain the natural hydrological pattern of watercourses
within the site.
(5)
To preserve and emphasize in the landscape design all natural
features on the site such as trees, brooks, hilltops, ridges, ravines
and rock outcropping.
(6)
To preserve, to the extent possible, existing healthy trees
on the site.
B.
Landscaped areas. All disturbed areas of a site not used for agriculture
or the construction of buildings, roads, accessways, parking or sidewalks
shall be landscaped in accordance with these regulations.
C.
Tree planting and landscaping plan. All applicants for site plans
and major subdivisions shall submit to the Planning Board for approval
a tree planting and landscaping plan for the site to be developed
prepared by a licensed landscape architect, a New Jersey certified
tree expert or a New Jersey approved forester. The plan shall show
on a contoured map:
(1)
The location of all areas that will not be developed or that
cannot be developed by reason of federal, state, county or municipal
laws or regulations.
(2)
A delineation of all wooded portions of such areas indicating,
in general terms, the species, composition, basal area and average
diameter at breast height (dbh) of the trees within such wooded areas.
(3)
The locations of all areas to be developed (including the areas
to be used for streets and building sites) and a count by species
and size of all existing living trees within such areas having a diameter
at breast height (measured 4.5 feet above ground level) of six inches
or greater.
(4)
A count by species and size of all existing living trees having
a diameter at breast height (measured 4.5 feet above ground level)
of six inches or greater that are to be removed for whatever reason.
The plan should show the present locations of the trees proposed to
be removed.
(5)
All other natural features on the entire site such as watercourses,
wetlands, hilltops, ridges, ravines, and rock outcroppings.
(6)
Proposed new vegetation to be planted in residential or commercial
areas, common open spaces, parking areas, and the nondevelopable areas.
(7)
Planted and/or bermed buffer areas proposed to be installed
to protect adjacent residences from noise, dust and/or traffic disturbances
or to protect adjacent agricultural uses from the impacts of encroaching
residential development.
(8)
The exact location within the entire site of all specimen trees,
including their species, size (diameter at breast height) and approximate
age. A specimen tree is one of unusual size (generally exceeding 30
inches dbh), age (100 years or older), rarity for this part of New
Jersey or historical significance and that is of good health and vigor
and free of hazardous defects.
(9)
The approximate proposed locations, size (dbh), botanical and
common names of all street shade trees to be planted.
D.
Protection of existing trees. During development, all existing trees
that are proposed to remain must be protected from injury due to grade
changes, altered drainage patterns, compaction, excavating, filling,
or stockpiling of soil. As a minimum, no disturbance shall be permitted
to occur within a circular area measuring 1.5 times the extent of
the tree canopy around each such tree. Such area shall be protected
by snow fencing or other similar means. No specimen tree, no matter
where located on the site, shall be removed unless it can be demonstrated
that such removal is required to protect the health, safety, and welfare
of the public.
E.
Replacement of trees. Each tree removed, destroyed, or severely damaged
within the developable areas during the site development shall be
replaced according to the following formula:
|
Each removed tree having a dbh measurement as listed in
this column:
(inches)
|
To be replaced by the number of trees listed in this column:
| |
|---|---|---|
|
dbh between 6 to 16
|
1
| |
|
16 to 18
|
3
| |
|
18 to 21
|
4
| |
|
21 to 24
|
5
| |
|
24 to 27
|
6
| |
|
27 to 30
|
7
| |
|
30 to 33
|
8
| |
|
33 to 36
|
9
| |
|
36 to 40
|
10
| |
|
Over 40
|
15
|
(1)
The replacement tree shall have a caliper of at least 2 1/2
inches as measured two inches above the root crown.
(2)
If trees have been removed by or at the request of the developer
in anticipation of development, they are to be replaced on the same
basis herein indicated.
(3)
If the site is not large enough to suitably contain the replacement
trees, the applicant may request or be required to contribute an amount
equal to the then-current value of each unplanted tree to a fund established
by the Township for environmental programs such as tree planting,
tree maintenance or tree preservation on public lands or rights-of-way.
F.
Additional trees. If the site contains no trees or few trees, a sufficient
number of trees shall be planted therein at such location as to promote
the purposes of these landscaping regulations. In evaluating the number,
types, and location of proposed trees and/or shrubs, the Planning
Board may rely upon the advice of the Township Arborist, who shall
be guided by the purposes of these landscaping regulations.
G.
Planting of trees and shrubs. All trees and shrubs to be planted
on the site shall be obtained from a commercial nursery located within
the Hardiness Zone of Delaware Township (unless otherwise approved
by the municipal agency). The trees shall not be less than 2 1/2
inches in caliper measured two inches above the root crown and shall
conform to American Standards for Nursery Stock ANSI 260-1-2990. A
copy of the nursery receipts for the purchased nursery stock trees
shall be provided to the Planning Board, the Township Arborist and
the Municipal Engineer. It is strongly recommended that the following
invasive exotic species should not be planted:
|
Trees:
| ||||
|
Norway maple
|
Sycamore maple
|
European alder
| ||
|
Osage orange
|
White mulberry
|
Amur cork
| ||
|
White poplar
| ||||
|
Shrubs and Small Trees:
| ||||
|
Barberry
|
Amur privet
|
California privet
| ||
|
Amur honeysuckle
|
Tartarian honeysuckle
|
Mock orange
| ||
|
Multiflora rose
|
Rugosa rose
|
Euonymus spp.
| ||
|
Russian olive
|
Autumn olive
| |||
|
Vines:
| ||||
|
Porcelain berry
|
Oriental bittersweet
|
Kudzu
| ||
|
Japanese honeysuckle
|
Japanese wisteria
| |||
H.
Street shade trees.
(1)
The developer shall install street shade trees as herein specified
and remain responsible for their care, maintenance and health for
a period of two growing seasons following their planting. The proposed
maintenance schedule shall be approved by the Planning Board based
upon the recommendations of the Township Arborist and/or as recommended
in the New Jersey Tree Federation publication, Trees for New Jersey
Streets, Third Edition.
(2)
The street shade trees shall be planted by or under the supervision
of a New Jersey certified tree expert or nurseryman certified by the
New Jersey Landscape and Nurseryman's Association. The street shade
trees shall be located between the street right-of-way line and the
cartway, i.e., the surfaced portion of the street right-of-way area,
and no closer than 25 feet from any existing or proposed streetlight
or street intersection. Under appropriate circumstances, such as the
possible interference of the shade trees with overhead or underground
utility lines, the Planning Board may require an alternate location
for the shade trees between the street right-of-way and the applicable
front setback line. The street shade trees shall be spaced 30 to 50
feet on center, as recommended for the particular species in the New
Jersey Shade Tree Federation publication, Trees for New Jersey Streets,
Third Edition.
(3)
The trees to be planted shall be non-grafted, single-stem trees
selected from the List of Recommended Street Shade Trees herein. The
listed trees are recommended because they will: reduce the long-term
maintenance cost to the Township; provide the large shade tree characteristic
of the old rural atmosphere intended to be fostered; provide a continuous
roadside system characterizing the community; and enhance the native
tree populations. This list is nonexclusive, but the use of nonnative
species or smaller native trees such as dogwood, will, in general,
not be approved. It is recommended that several species of shade trees
be planted. Determination of the exact final location of the street
shade trees should be postponed until the streets and utilities have
been installed. At that time, the Township Arborist may recommend
such variations in spacing and location of the trees as the physical
circumstances and types of trees dictate.
(4)
List of recommended street shade trees:
|
Acer rubrum (red maple)
| |
|
Acer Saccharum (sugar maple)
| |
|
Celtic occidentalis (hackberry)
| |
|
Fagus sylvatica (beech)
| |
|
Fraxinus americana (white ash)
| |
|
Fraxinus pennsylvanica (green ash)
| |
|
Gingko biloba (male only) (Maidenhair tree)
| |
|
Gleditsia triancanthos (honeylocust)
| |
|
Liquidambar styraciflua (sweetgum)
| |
|
Liriodendron tulipifera (tulip poplar)
| |
|
Nyssa sylvatica (black tupelo)
| |
|
Platanus acerifolia (London plane tree)
| |
|
Quercus acutissima (Sawtooth oak)
| |
|
Quercus rubra (red oak)
| |
|
Quercus coccinea (scarlet oak)
| |
|
Quercus imbricaria (shingle oak)
| |
|
Quercus phellos (willow oak)
| |
|
Quercus palustris (pin oak)
| |
|
Quercus velutina (black oak)
| |
|
Quercus shumardi (Shumard oak)
| |
|
Sophora japonica (scholar tree)
| |
|
Tilia americana (American linden)
| |
|
Tilia cordata (littleleaf linden)
| |
|
Tilia tormentosa (silver linden)
| |
|
Zelkova serrata (Zelkova tree)
|
I.
Natural features. Natural features such as brooks, wetlands, hilltops,
ridges, ravines and rock outcroppings shall be preserved in their
natural state, to the extent possible, in the landscape design.
J.
Topsoil protection. Topsoil that shall be removed in the course of
regrading a subdivision shall not be used as fill. At least six inches
of topsoil shall be left on the ground and shall be stabilized by
seeding or planting. Excess topsoil may be removed from the site to
another location within the Township only with the written approval
of the Municipal Engineer.
K.
Additional landscaping regulations for commercial and industrial
zones.
(1)
A minimum landscaped area five feet wide shall be provided along
all property lines, including public streets.
(2)
In all zones where a commercial or industrial development zone
line abuts a residential zone, a twenty-five-foot landscaped buffer
must be established and maintained.
(3)
All buffers and landscaped areas shall be protected from adjacent
parking areas by curbs, or concrete, metal or wood bumpers at least
six inches in height and securely anchored into the ground.
(4)
Service areas, parking areas, transformer compounds, and other
strictly utilitarian improvements shall be screened as fully as practicable.
In general, it is intended that possible objectionable or unsightly
features within a given development shall be screened from passing
traffic or abutting residential properties.
(5)
In the case of a repetition of building designs, care shall
be exercised to avoid monotony in the planning design by introducing
sufficient variety in the planting layout to create interest and aesthetic
appeal. However, excess variety should be avoided.
(6)
All new street trees and on-site deciduous shade trees shall
be not less than 2 1/2 inches in caliper, measured two inches above
the root crown, at time of planting. Where existing trees are not
present or have not been preserved, a reasonable number of trees,
as determined by the municipal agency, with a caliper of not less
than 2 1/2 inches, measured two inches above the root crown,
shall be planted on the site.
(7)
An appropriate amount of evergreen plant material to be determined
by the municipal agency shall be included on the site. Evergreen trees
shall be not less than six feet in height at time of planting.
(8)
Areas required for buffers shall not be cleared or graded prior
to development approval.
(9)
Off-street parking or loading shall not be permitted in any
buffer area.
(10)
A minimum of 15% of the entire site shall be devoted to landscaped
areas in addition to all required buffers. In calculating landscaped
areas, the areas of plazas, open or enclosed pedestrian shopping malls,
sitting areas, pools and fountains shall be included. Landscaped areas
within and between parking areas shall also be included.
A.
General regulations. Off-street parking, unloading and service requirements of this section shall apply and govern in all zones within the Township of Delaware unless superseded by the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.). Except as provided in this section, no application of a building permit shall be approved unless there is included with the plan for such building, improvement or use, a plot plan showing the required space reserved for off-street parking, unloading and service purposes. A certificate of occupancy shall not be issued unless the required off-street parking, unloading and service facilities have been provided in accordance with the approved plan. All driveways shall be designed and constructed in accordance with Chapter 167, Driveways, Article I, Driveway Construction.
B.
Regulations applying to farm stands. Roadside stands and other temporary
or permanent structures used predominantly for the marketing of farm
products produced on the property are exempt from the parking and
driveway standards of this chapter, except that such farm stands or
structures shall provide for a gravel driveway from the road to the
main place of parking, and shall provide for sufficient off-street
parking at a minimum of 50 feet from all roads so that there is at
no time an overflow on to a public road.
C.
Duty to provide and maintain off-street parking and loading. No land
shall be used or occupied, no structure shall be designed created,
altered, used or occupied, and no use shall be operated unless off-street
parking and loading facilities are provided in at least the amount
and maintained in the manner required by this section.
D.
Required material for parking area. Unless exempted elsewhere in
this chapter, all parking areas shall be constructed of the maximum
amount possible of pervious material that meets all other standards
of this chapter.
E.
Circulation.
(1)
There shall be an adequate, safe and convenient arrangement
of pedestrian circulation facilities, roadways, driveways, off-street
parking and loading space.
(2)
Roads, pedestrian walks and open spaces shall be properly related
to existing and proposed buildings and appropriately landscaped.
(3)
Buildings, parking areas and vehicular circulation shall be
arranged so that pedestrian movement is not unnecessarily exposed
to vehicular traffic.
(4)
Materials and design of paving, lighting fixtures, retaining
walls, fences, curbs, benches, etc., shall be of good appearance and
easily maintained.
(5)
The location and design of pedestrian walls should emphasize
desirable views of new and existing development.
(6)
The maximum separation of private automobiles and service vehicles
shall be provided through the use of separate service lanes, where
reasonably possible.
(7)
Parking facilities shall be designed with careful regard to
orderly arrangement, topography, landscaping, and ease of access,
and shall be developed as an integral part of an overall site design.
F.
Required area for each parking space. Except as otherwise provided
in the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et
seq.), each automobile parking space shall be not less than 10 feet
wide, nor less than 20 feet deep, exclusive of passageways. In addition,
there shall be provided adequate interior driveways to connect each
parking space with a public right-of-way. In the case of parallel
parking space, each space shall be not less than 10 feet wide, nor
less than 22 feet long. Aisle space shall be not less than 24 feet
wide for two-way ninety-degree parking; not less than 16 feet for
one-way sixty-degree parking; and not less than 13 feet for forty-five-degree
one-way parking.
G.
Provision for proper drainage and maintenance. All off-street parking,
off-street loading and service facilities shall be graded and drained
to dispose of all surface water accumulation in a safe manner while
preventing damage to abutting properties or public streets. Except
for single-family uses, surfacing shall be designed to resist erosion
and to promote aquifer recharge. Such drainage and materials shall
be installed as required by the Planning Board and as recommended
by the Municipal Engineer. All such areas shall at all times be maintained
at the expense of the owner in a clean, orderly condition as dust-free
as possible.
H.
Separation from walkways and streets. All off-street parking, off-street
loading and service areas shall be separated from walkways, sidewalks,
streets or alleys by curbing or other protective devices as required
by the Municipal Engineer.
I.
Private walks adjacent to business buildings. A private walkway adjacent
to a business building shall not be less than four feet in width.
J.
Site plan. Location and dimensions of pedestrian entrances, exits,
walks and walkways shall be indicated on the submitted site plans.
L.
Off-street parking space within buildings. Garage space or space
within buildings, in basements or on the roofs of buildings may be
used to meet the off-street parking requirements of this chapter,
provided all other requirements of this article have been met.
M.
Pavement markings and signs. Each off-street parking space shall
be clearly marked, and pavement directional arrows or signs shall
be provided wherever necessary. Markers, directional arrows and signs
shall be properly maintained to ensure their maximum efficiency.
N.
Lighting. All parking areas, walkways thereto and appurtenant passageways
and driveways serving commercial, public, office, industrial and other
similar uses having off-street parking and loading areas and building
complexes requiring area lighting shall be illuminated adequately
during the hours between sunset and sunrise when the use is in operation.
The lighting plan in and around the parking areas shall provide for
non-glare, color-corrected lights focused downward. The light intensity
provided at ground level shall be a minimum of 0.3 footcandle anywhere
in the area to be illuminated, shall average a minimum of 0.5 footcandle
over the entire area, and shall be provided by fixtures with a mounting
height not to be more than 14 feet measured from the ground level
to the center line of the light source or the height of the building
if attached, whichever is lower, and spacing not to exceed five times
the mounting height. Any other outdoor lighting, such as building
and sidewalk illumination, driveways with no adjacent parking and
ornamental light, shall be shown on the lighting plan in sufficient
detail to allow determination of the effects to adjacent properties,
traffic safety, and overhead sky glow. The objective of these specifications
is to minimize undesirable off-premises effects. No light shall shine
directly into windows or onto streets and driveways in such manner
as to interfere with or distract driver vision. To achieve these requirements,
the intensity of such light sources, light shielding and similar characteristics
shall be subject to site plan approval by the municipal agency.
O.
Required off-street parking area shall not be reduced. No off-street
parking area shall be reduced in size or encroached upon by building,
vehicle storage, loading or unloading, or any other use where such
reduction or encroachment will reduce the off-street parking loading
spaces that are required by these regulations.
Q.
Joint parking facilities. The off-street parking requirements for
two or more neighboring uses may be satisfied by the allocation of
the required number of spaces for each use in a common parking facility,
provided that the number of off-street parking spaces is not less
than the sum of individual requirements, and provided further, that
there be compliance with all other provisions of these regulations.
R.
Sharing of parking facilities. Off-street parking facilities for
one use shall not be considered as providing the required facilities
for any other use, except that 1/2 of the off-street parking space
required by any use whose peak attendance will be at night or on Sundays,
such as churches, theaters, and assembly halls, may be assigned to
a use which will be closed at night or on Sundays. This provision
will only apply with approval of the municipal agency and subject
to review by the Board Attorney of applicable agreements and cross-easements.
S.
Computing number of employees. For the purpose of this section, the
number of employees shall be computed on the basis of the maximum
number of persons to be employed on one shift, taking into consideration
day, night and seasonal variations.
T.
Fractional spaces required. When units of measurements determining
the number of required off-street parking and off-street loading spaces
result in the requirement of a fractional space, any fraction up to
and including 1/2 shall be disregarded. Any units over 1/2 will require
an additional space.
U.
Off-street parking and loading within required front setback. In
the C-1 Highway Commercial Zone, parking shall be permitted in the
front yard, provided that a minimum five-foot landscaped area is established
along the front and side lot lines. Within that area, shrubs, fences
or any combination of screening material shall be utilized to buffer
the parking and/or loading areas.
V.
Paving location restrictions. Paving for parking, loading or access thereto, unless otherwise restricted, and except for entrance or exit drives crossing perpendicular to property lines, shall not be permitted within five feet of any property line. The buffer shall be suitably landscaped according to the provisions of § 230-106 of this chapter.
W.
Other uses of off-street parking spaces prohibited. No required off-street
parking or loading area shall be used for the sale, repair, dismantling
or servicing of any vehicle, equipment, materials or supplies.
X.
Parking area site layout. Parking areas shall be divided into lots
separated by appropriate landscaping where possible. In addition,
driveways and internal roads shall be separated from parking areas
by curbed landscaped islands where possible. Landscaping for parking
areas, except for single-family residences, shall be subject to approval
as part of the submitted site development plans.
Y.
Visitor off-street parking facilities. Visitor parking in industrial
zones may be located in the front yard area subject to the approval
of the site plan by the Planning Board. No employee parking shall
be allowed in the front yard.
Z.
Shared access. Nothing in this chapter is intended to prohibit the sharing of access by adjacent uses provided the common facility is a service drive, subject to the provisions of §§ 230-14F and 230-22D(2).[1]
AA.
Minimum required number of off-street parking spaces. Off-street
parking spaces for the storage or parking of passenger vehicles of
occupants, employees and patrons of main buildings and structures
hereafter erected or enlarged shall be provided and kept available
in amounts not less than specified in this section.
(1)
Residential uses. The minimum required number of parking spaces
to be provided in connection with residential uses shall be as regulated
in the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et
seq.).
(2)
Nonresidential uses. The minimum required number of parking
spaces to be provided in connection with nonresidential uses in any
given zone shall be in accordance with the following regulations:
(a)
Auditorium, recreational establishment or other place of public
assembly (including public schools): one parking space for each three
fixed seats at capacity, or one space for each three memberships in
a swim club, or one parking space for each 60 square feet of gross
floor area in cases where the capacity is not determined by the number
of fixed seats or swim club membership.
(b)
Automotive gasoline and service stations: four parking spaces
for each repair bay plus one space for each employee on maximum shift.
(c)
Banks: one parking space for each 100 square feet of gross floor
area.
(d)
Churches and synagogues (and other houses of worship): one parking
space for each three fixed seats at capacity, plus one parking space
for each 60 square feet of gross floor area of meeting rooms that
do not contain fixed seating.
[Amended 2-9-2004 by Ord. No. 2004-01LU]
(e)
Club: one parking space for each 100 square feet of gross floor
area.
(f)
Home occupation: four parking spaces, including residential
requirements.
(g)
Manufacturing or industrial establishment, wholesale establishment
or laboratory: one parking space for each employee employed at one
time on maximum shift.
(h)
Office, office building (not including medical and dental):
one parking space for each 150 square feet of gross floor area.
(i)
Offices, medical and dental: one parking space for each 100
square feet of gross floor area.
(j)
Police and fire stations and post offices: one parking space
for each 250 square feet of gross floor area.
(k)
Restaurant or tavern (non-drive-in or non-fast-food franchise):
one parking space for each 100 square feet of gross floor area.
(l)
Retail store, personal service or custom shop, or studio: one
parking space for each 200 square feet of gross floor area.
(m)
Other uses not specifically listed: The same requirement as
for the most similar listed use as determined by the Construction
Code Official.
(n)
Mixed uses: The total requirement shall be the sum of the requirements
of the components separately.
(3)
Agricultural uses. Nothing in this section shall be construed
as a limitation upon the number, size or type of vehicles and parking
spaces, which may be used as accessory to an agricultural use on a
farm as defined in this chapter.
BB.
Loading and unloading.
(1)
General. On the same premises with every building, structure,
or part thereof, erected and occupied for commercial, industrial,
institutional or other uses similarly involving large vehicles to
distribute materials or merchandise, there shall be provided and maintained
on the lot adequate space for off-street standing, turning, loading
and unloading services in order to avoid interference with public
use of the streets, sidewalks, and other public rights-of-way.
(2)
Size of space. All required space shall be at least 14 feet
in width, 55 feet in length and have a minimum vertical clearance
of 15 feet. Additional space for maneuvering, depending on the arrangement
of the loading facilities, shall be provided.
(3)
Number of spaces. Loading and unloading otherwise adequately
provided for, shall be provided according to the following schedule:
(4)
Location. Loading and unloading areas shall be permitted only
in the rear yard.
(5)
Screening. Above-grade loading facilities shall be screened
from public view by a solid fence or evergreen shrubs not less than
six feet high.
A.
Permit. It shall be unlawful for any person to erect, repair, replace
or alter any sign or other advertising structure as defined in this
chapter, except those signs exempted under this section, without first
obtaining a construction permit.
B.
General regulations.
(1)
All signs shall be limited to the lot or parcel to be sold or
the premises where the business or service is conducted.
(2)
The maximum permitted area of each sign shall be the size of
one side only. The area of the sign shall include each and every part
of the sign including molding and frames. Where the sign is supported
by a post or pylon whose surface is being used for advertising purposes,
the area of the post, pylon or other supporting members shall be considered
as part of the total allowable sign area. Wherever the name or advertising
message on a sign is divided between the number of panels or parts,
all of the panels or parts shall be considered as one sign. Where
a sign consists of individual letters or members, the area of the
sign shall be considered as the total area of the smallest rectangle
or rectangle which can enclose all of the letters or numbers.
(3)
Signs erected flat against the side of a building shall not
extend above the height or beyond the sides of the vertical wall or
cornice to which they are attached. Such facade signs shall not extend
from the face of the wall on which it they are attached more than
eight inches.
(4)
Where the side or rear of a business structure adjoins a public
parking area or a private parking area intended for the use of the
structure in question, signs may be placed on said side or rear wall
to identify the business use in the structure, subject to the maximum
sign requirements of this chapter.
(5)
No sign or any part thereof shall be located closer than 15
feet to any lot line.
(6)
Any sign erected in conjunction with a specific use will be
removed upon the discontinuation or removal of that use.
(7)
The following types of signs shall not be permitted in any zone:
(a)
A flashing, fluttering, animated or rotating sign.
(b)
Signs with any lighting or control mechanism that may cause
radio or television interference.
(c)
Any sign so erected, constructed or maintained as to obstruct
or be attached to any fire escape, window, door or opening used as
a means of egress or ingress, or for firefighting purposes, or placed
to interfere with any opening required for legal ventilation.
(d)
Any sign that is of such a form, character or shape to confuse
or dangerously distract the attention of the operator of a motor vehicle.
(e)
Any advertisement which uses a series of two or more signs or
units, placed in a line parallel to the highway, or in similar fashion,
all carrying a single advertising message, part of which is contained
on each sign.
(f)
Signs that in any way simulate official, directional or warning
signs erected or maintained by the State of New Jersey, county or
municipality thereof, or by any railroad or public utility or similar
agency concerned with the protection of the public health or safety.
(g)
Billboard and/or outdoor display structures.
(h)
Roof signs.
(i)
Signs on railroad or vehicular overpasses.
(j)
Signs with more than two display surfaces, sides, or faces,
such as hinged, triangular, or box signs.
(8)
All existing commercial and industrial signs erected prior to
the enactment of this chapter, and which do not meet the requirements
of this chapter regarding size, height, location or type, being therefore
nonconforming signs, shall be permitted to remain for a period of
five years after enactment of this chapter. This provision shall include
signs for which a building permit was secured under the previous Zoning
Ordinance, previously exempted signs, or signs which were considered
legally nonconforming under the previous Zoning Ordinance. All other
signs are illegal and subject to removal at any time.
(9)
No sign shall be left illuminated during the period from 12:01
a.m. to 6:00 a.m. unless the business premises is open to the public
during those times, unless the Planning Board determines that an illuminated
sign is necessary for the protection of the property from theft or
vandalism.
C.
Exempt signs. The following signs shall be exempt from the requirement
for a construction permit:
(1)
Nonilluminated temporary signs advertising the sale or rental
of the premises upon which they are situated, provided such signs
do not exceed four square feet and are removed within a period of
seven days after conclusion of sale or rental transaction.
(2)
Professional signs indicating the name and profession of the
occupancy of a dwelling, provided such signs do not exceed one square
foot.
(3)
Temporary signs inside windows of commercial establishments
not covering more than 15% of the window area.
(4)
Any signs forbidding trespassing, hunting, fishing or trapping
as authorized by the Fish and Game Laws.
(5)
Temporary signs indicating a political preference or a political
cause not to exceed four square feet in residential zones or 12 square
feet in any other zone. Such signs shall be removed within seven days
after the election.
(6)
Temporary charitable signs not to exceed four square feet. Such
signs shall be removed within seven days of the charitable event.
(7)
Decorative nonilluminated signs showing name and/or address
of house or family which do not exceed one square foot.
(8)
A limit of two signs per farm, not to exceed a total of 32 square
feet.
D.
Illumination.
E.
Signs over public right-of-way. No portion of any sign shall be located
within or suspended over a public right-of-way, including a pedestrian
walk.
F.
Sign setback from residential district. When signs in a nonresidential
district are located along the district boundary line of any residential
district, they shall be set back not less than 50 feet from such residential
district boundary line.
G.
Sign maintenance. Any sign that is or shall become dangerous or unsafe
in any manner whatsoever shall be repaired, made safe and attractive
in conformity with this chapter or shall be removed by the owner,
lessor, agent or occupant of the building, property or land upon which
it is placed or to which it is attached. A written notice shall be
served upon the owner, lessor, agent or occupant of a building, property
or land upon which a dangerous or unsafe sign is located. Said notice
shall require necessary action to be taken within 10 days from the
date of service of the notice upon such person, or within such lesser
time as shall be deemed reasonable in cases where the danger to public
health, safety, and general welfare is so imminent as to require more
immediate abatement. All signs shall be painted and maintained in
good repair at all times. Failure to keep signs painted and in good
repair for a period of 12 consecutive calendar months shall constitute
abandonment, and such sign may not then be repair or reused and must
be removed.
H.
Sign location. No sign shall be erected or located to obstruct the
vision of drivers entering a public street; nor shall any sign be
erected which obstructs existing signs on adjacent properties to a
degree that the message contained on the obstructed sign is no longer
visible for a reasonable distance therefrom.
I.
Permitted signs.
(1)
Residential zones. In the A-1 and A-2 Agricultural/Residential
Zones, the following types of signs shall be permitted:
(a)
A professional or announcement sign accessory to a home professional
office or home occupation in a residential building shall not exceed
one square foot in area. Such sign shall be fixed flat on the main
wall of such building, and the face shall not extend from the face
of the wall on which it is attached more than eight inches. Only one
such sign shall be permitted and may only be interior-lighted.
(b)
A name or announcement sign accessory to a church or other place
of worship, a public or quasi-public building, a multiple-dwelling
group, and any permitted institutional or similar use shall not exceed
10 square feet in area. Such sign may only be interior-lighted. Not
more than one such sign shall be permitted on a lot.
(c)
A sign that is listed as exempt in this section and under the
same restrictions. Nonilluminated temporary signs on new construction
sites, not exceeding 15 square feet in area and provided they shall
be removed within seven days after completion of the construction
work.
(d)
Decorative nonilluminated signs showing name and/or address
of house or family, not larger than one square foot in area. Not more
than one such sign shall be erected for each dwelling unit up to a
total of two for any one lot.
(e)
Official signs erected by the Township, county, state or federal
government not to exceed 10 square feet.
(f)
No more than sign shall be permitted on each lot in connection
with a use or activity permitted in the residential zones.
(2)
Commercial zones.
(a)
Any sign permitted in the residential zones shall be permitted
in the V-1, the V-2, and the C-1 Commercial Zones.
(b)
Shopping centers and other multiuse structures.
[1]
Shopping centers and other multiuse structures, because of their
coordinated nature, require sign regulations that will ensure that
all signs used within the development will enhance each other and
not detract from the overall unified appearance of the complex.
[2]
Each said development requiring more than one sign shall submit
a sign plan to the Planning Board for approval. Said sign plan shall
include details as to letter style, lighting, color, construction
and materials, height above grade, height at highest point, locations
and specifications.
[3]
The sign plan shall be based on an integrated design to include
all of the elements above.
(c)
Facade signs. Exterior signs identifying or advertising the
names or uses of the tenants or occupants of the premises may be affixed
to the building and shall occupy no more than 10% of the front facade
area of the building. Signs may be placed on all exposed sides of
a building, providing they do not total more than the 10% maximum
limitation of the front facade.
(d)
Canopy signs. A building whose walkways along the front facade
are covered by a permanently installed rigid canopy or other structural
device shall be permitted to hang vertically from the complete underside
of said canopy one sign for each store in the first floor of the building.
Said sign shall not exceed six square feet in area and shall not be
less than 10 feet above the walks. Such signs may be illuminated,
but shall not overhang any public right-of-way.
(e)
Freestanding signs.
[1]
One freestanding identification sign shall be permitted, provided
the aggregate area of all sides of such sign in square feet shall
be in accordance with the following schedule:
|
Gross Floor Area
(square feet)
|
Aggregate Sign Area
(square feet)
| |
|---|---|---|
|
Under 5,000
|
25
| |
|
5,001 to 15,000
|
50
| |
|
15,001 to 30,000
|
75
| |
|
30,001 to 50,000
|
100
| |
|
50,001 to 100,000
|
150
|
[2]
Any commercial building having over 100,000 square feet of gross
floor area and desiring a larger sign than 150 square feet shall apply
to the Zoning Board of Adjustment for approval.
[3]
Such signs shall not exceed a height of 20 feet measured from
the ground level to the topmost portion of the structure. The bottom
edge of the sign shall not be less than 10 feet above the ground.
Supporting frames for all such signs shall be of permanent materials,
such as steel or concrete.
A.
Street arrangement. The arrangement of streets not shown on the Master
Plan shall provide for the appropriate extension of existing streets.
B.
Street design and location. Street design and location shall include
provisions for street access to adjoining properties where required
by the Planning Board. Streets shall be designed to connect existing
and future neighborhoods. Developments with stub streets that are
intended to connect to future extensions of the neighborhood(s) shall
provide language in the deed of each lot that any stub streets are
intended to connect to adjoining properties and future neighborhood
development.
C.
Minor streets. Minor streets shall be designed to discourage fast-moving
traffic. Multiple access points shall be encouraged, to provide connections
to adjoining neighborhoods, to disperse traffic, and to reduce destination
travel distance.
D.
Marginal access. In subdivisions that abut arterial streets and such
other streets or portions of streets as the Planning Board may designate
in the Master Plan, the Planning Board may require provision for marginal
access roads, reverse frontage lots with buffer strips for planting
or other design methods for the purpose of separating through and
local traffic.
E.
Future streets. Where a tract is subdivided into larger parcels than
ordinary building lots, such parcels, unless deed restricted against
further subdivision, shall be arranged to allow the opening of future
streets and logical subdivisions.
F.
Street names. The governing body shall authorize and approve the
name to be given to any public or private street. In making its decision,
the governing body shall first consult with and give due consideration
to any recommendation of the Historic Review Advisory Committee of
the Delaware Township Planning Board. No street shall have a name
that will so nearly duplicate in name or sound the name of an existing
street so as to cause confusion. The extension of any existing street
shall have the same name as the street that is being extended.
G.
Right-of-way width. Except as otherwise provided in the Residential
Site Improvement Standards (N.J.A.C. 5:21-1 et seq.), the right-of-way
width shall not be less than 50 feet and shall be increased if a greater
width is shown on the Master Plan or required in the Residential Site
Improvement Standards (N.J.A.C. 5:21-1 et seq.).
H.
Right-of-way width for subdivisions on existing streets. Subdivisions
that adjoin or include existing streets that do not conform to width
as shown on the Master Plan or the street width requirements of this
chapter shall dedicate additional width along either one or both sides
of said road. If the subdivision is along one side only, 1/2 of the
required extra width shall be conveyed to the municipality.
I.
Curb cuts. All curb cuts shall be at least 15 feet but not more than 30 feet in width, except on county roads where county site plan requirements are established. If a lot fronts on an arterial street, only one curb cut shall be allowed if the frontage is 250 feet or less. Curb cuts at the intersections of streets shall meet the requirements of Chapter 167, Driveways, Article I, Driveway Construction. The distance between the curb cuts for any two driveways serving the same property shall be the greater of 300 feet or the required lot width for the zone and no more than one curb cut shall be allowed for each 300 feet of frontage. Curb cuts in all Commercial and Residential Zones shall be located at least two feet from abutting property lines. In all Industrial Zones, curb cuts shall be located at least 10 feet from abutting property lines. Where a greater distance is specified elsewhere in this chapter, said greater distance shall apply.
J.
Street grading. Except as provided otherwise in the Residential Site
Improvement Standards (N.J.A.C. 5:21-1 et seq.), grades of arterial
streets shall not exceed 8%; grades on other streets shall not exceed
10%; and no street shall have a minimum grade of less than 1%.
K.
Street grading changes. All changes in grade shall be connected by
vertical curves and shall provide a smooth transition and proper sight
distance.
L.
Street intersections. Except as provided otherwise in the Residential
Site Improvement Standards (N.J.A.C. 5:21-1 et seq.), street intersections
shall be as nearly at right angles as possible, and in no case shall
be less than 60°. The block corners at intersections shall be
rounded at the curblines and have a radius of 15 feet at the curb
and 25 feet at the right-of-way line.
M.
Street jogs. Except as provided otherwise in the Residential Site
Improvement Standards (N.J.A.C. 5:21-1 et seq.), street jogs with
center line offsets of less than 125 feet shall be prohibited.
N.
Street tangents. Except as provided otherwise in the Residential
Site Improvement Standards (N.J.A.C. 5:21-1 et seq.), a tangent at
least 100 feet long shall be introduced between reverse curves on
all streets or as directed by the Planning Board. The Planning Board
may waive this provision to encourage traffic calming and safer residential
streets.
O.
Street connections. Except as provided otherwise in the Residential
Site Improvement Standards (N.J.A.C. 5:21-1 et seq.), when connecting
street lines deflect from each other at any one point by more than
10° and not more than 45°, they shall be connected by a curve
with a radius of not less than 50 feet for minor streets and 300 feet
for arterial streets, or as directed by the Planning Board to conform
to a reasonable circulation plan.
P.
Culs-de-sac. Culs-de-sac shall conform to the New Jersey Administrative
Code Residential Site Improvement Standards, Title 5, Chapter 21.
If a dead-end street is of a temporary nature, a similar turnaround
shall be provided and provisions made for future extension of the
street and reversion of the excess right-of-way to the adjoining properties.
A.
Construction standards. Private accessways shall be constructed across
privately held land which may be wholly or partially owned by one
or more of the owners of the lots served. The private accessway shall
satisfy all of the Township's requirements for residential driveways
in addition to the standards of this section.
B.
Building permit: prior approval required by engineer. A certificate
of occupancy shall not be granted for any structure on a lot abutting
a private accessway until the Municipal Engineer has:
(1)
Reviewed the plans for, and performed a field inspection of,
the private accessway; and
(2)
Informed the Construction Code Official in writing that the
requirements of all applicable Township ordinances have been met.
(3)
The cost of this review and inspection shall be paid through
an escrow account funded by the applicant for the subdivision.
(4)
This review and inspection shall be performed for each dwelling
unit on a lot on a private accessway and shall include the entire
length of the private accessway from the public road to the driveway
of the newly developed lot.
C.
Private accessway standards. Private accessways shall:
(1)
Be constructed to the length necessary to connect all of the
lots served to the existing street and shall extend no further than
1,500 feet from the existing public street as measured along the center
line of the accessway.
(2)
Have an improved surface width of at least 14 feet with three-foot stabilized shoulders on either side of the cartway and a total cleared area of at least 24 feet. The composition of the cartway shall comply with Chapter 319, Streets and Sidewalks, Article I, Roads and Improvements, for Class III roads. Additionally, all such accessways shall be properly graded and piped where necessary to prevent washouts of the accessway surface.
(3)
For private accessways having a length greater than 650 feet,
provide a turnaround with a radius of not less than 40 feet, without
a center island, located at the end of the accessway adjacent to the
nearest property line of the last lot, and, for private accessways
having a length greater than 1,000 feet, provide a graded and stabilized
pullover area of sufficient width to park an emergency vehicle at
a distance of at least 800 feet but no more than 1,000 feet from the
public roadway.
(4)
Provide access to not more than four dwellings including any
dwelling on the lands remaining that utilizes the private accessway
to gain access to the dwelling.
[Amended 2-14-2005 by Ord. No. 2005-03LU]
D.
Deed of conveyance. The deed of conveyance for a subdivided lot abutting
a private accessway shall incorporate the permanent right of ingress
and egress for the subdivided lot to an existing public street over
such private accessway in common with the owner(s) of any other lot
or lots created by subdivision from the original parcel, and such
deed shall also provide that the private accessway may be used for
the installation and maintenance of public or private utilities and
storm drainageways serving such subdivided lots.
E.
Maintenance responsibility. The subdivision application shall indicate
the pro rata share of common responsibility assigned to the owner(s)
of each proposed lot for the installation and maintenance of the private
accessway. The common responsibility shall be equally divided among
the lots sharing the private accessway. The owners abutting such private
accessway shall assume full responsibility for the maintenance of
the private accessway, including snow removal, vegetation control
and pothole repair and shall agree that, in the event of their failure
to maintain the accessway, the municipality may (but shall not be
obligated to) make all necessary repairs and assess each individual
lot owner for his/her pro rata share of the cost of such repair. The
provisions contained in this section shall be recited in the deed
to each subdivided lot.
F.
Layout. The location of the proposed private accessway shall be subject
to approval by the Planning Board. The Planning Board shall consider
the locations of other streets, accessways and driveways; the locations
of street intersections; sight distances; the environmental characteristics
of the land; and any other relevant information in considering the
location of the proposed private accessway.
A.
General provisions. The following open space performance standards
shall apply to all developments:
(1)
Open space use. The recorded plan and all deeds shall indicate
that there shall be no additional development except as set forth
herein. On lands that are dedicated for recreational or agricultural
purposes, noncommercial buildings or uses compatible with the open
space objectives may be permitted only with the express approval of
the Planning Board.
(2)
Open space conveyance and maintenance documents. Prior to final
plan approval, the Planning Board shall submit all documents pertaining
to the maintenance of the open space to the Township for approval
as to legal form and effect. If open space is to be conveyed to the
Township, the documents pertaining to such conveyance shall be referred
to the Township Committee for review and approval.
(3)
Layout of open space within the A-1 Agricultural/Residential District. A primary purpose of the open space within this district is to preserve agriculture lands for agricultural use. Therefore, the plan for open space areas shall clearly demonstrate that every effort has been made to provide a maximum amount of farmland preserved for agriculture use by adhering to the standards set forth in § 230-115C(2). A plan that does not provide for the agricultural use of the majority of Class I, II or III soils shall not be deemed to meet the provisions of this chapter.
(4)
Agricultural buffer.
(a)
All single-family detached cluster subdivisions within the A-1
and A-2 Zones shall be buffered from adjacent larger residential lots
and adjoining farms and woodlands, including any land that is being
subdivided for placement under an agricultural or conservation deed
restriction. The purpose of the buffer is to ensure that the continuation
of agricultural and woodland management operations will not be impaired
by nuisance complaints.[1]
(b)
The buffer shall include a boundary line fence around the entire
new development consisting of a four-foot-high split-rail fence covered
with continuous turkey wire fencing material. The fence shall be broken
only at access points for vehicles. If there are emergency access
points entering the site, they shall also be fenced on either side,
to insure that dogs and people do not enter the adjoining farm fields.
The fence shall be located along the outside edge of the developable
portion of the lots. Where there is no natural hedgerow or wooded
buffer, a new hedgerow shall be established inside the fence line,
consisting of a mixture of deciduous and coniferous trees, both canopy
and sub-canopy, and a mixture of shrubs. At the direction of the Planning
Board, the applicant shall substitute landscape treatment of equal
or greater value.
(c)
The following minimum number of plants shall be required and
arranged in random order along the new buffer:
|
Deciduous canopy tree
|
1 per 25 feet of buffer
| |
|
Deciduous flowering tree
|
1 per 25 feet of buffer
| |
|
Coniferous tree
|
1 per 25 feet of buffer
| |
|
Deciduous or evergreen shrub
|
1 per 3 feet of buffer
|
[1]
The minimum width of the buffer area shall be 25 feet and shall
be located on the residential lots inside the fence line, unless under
unusual circumstances, the Planning Board approves an alternative
arrangement.
[2]
Each landscape buffer area shall be created by an easement that
shall provide for the maintenance of the landscape buffer, the split-rail
fence, and the turkey wire fence. The easement shall also require
that any tree or shrub that dies shall be replaced by the property
owner.
[3]
The buffer planting shall supplement any natural hedgerows or
woodlands to ensure that there is an unbroken landscape buffer, except
for vehicular or pedestrian access. The Planning Board may require
the installation of additional plant material to supplement existing
hedgerows or woodlands.
[4]
The following are minimum sizes for plant material:
|
Type
|
Size
| |
|---|---|---|
|
Deciduous canopy tree
|
2 1/2 inches caliper
| |
|
Coniferous tree
|
8 feet height
| |
|
Deciduous flowering tree
|
2 inches caliper or 8 feet height
| |
|
Deciduous shrub
|
3 1/2 inches height
| |
|
Evergreen shrub
|
2 1/2 inches height
|
[5]
In order to ensure maximum species diversity, the buffer plantings
shall be selected from the following five categories and shall be
varied and non-repetitive:
|
Botanical Name
|
Common Name
| |
|---|---|---|
|
Deciduous Canopy Trees
| ||
|
Acer species
|
Maple species
| |
|
Betula nigra
|
River birch
| |
|
Celtis occidentalis
|
Common hackberry
| |
|
Cladrastis lutia
|
American yellowwood
| |
|
Fraxinus americana
|
White ash
| |
|
Fraxinus pennsylvanica
|
Green ash
| |
|
Larix decidua
|
Eastern larch
| |
|
Liquidambar styraciflua
|
Sweetgum
| |
|
Magnolia acuminata
|
Cucumbertree magnolia
| |
|
Prunus sargentii
|
Sargent cherry
| |
|
Quercus species
|
Oak species
| |
|
Tillia americana
|
American linden
| |
|
Ulmus americana
|
American elm* Princeton species
| |
|
Coniferous Trees
| ||
|
Ilex opaca
|
American holly
| |
|
Picea species
|
Spruce species
| |
|
Pinus strobus
|
Eastern white pine
| |
|
Deciduous Flowering Trees
| ||
|
Amelanchier species
|
Serviceberry species
| |
|
Carpinus species
|
Hornbeam
| |
|
Cercis canadensis
|
Eastern redbud
| |
|
Chionthus virginicus
|
White fringetree
| |
|
Cornus florida
|
Flowering dogwood
| |
|
Hamamelis virginiana
|
Common witchhazel
| |
|
Magnolia virginiana
|
Sweetbay magnolia
| |
|
Magnolia stellata
|
Star magnolia
| |
|
Malus species
|
Crabapple
| |
|
Deciduous Shrubs
| ||
|
Aronia arbutifolia
|
Purplefruit chokeberry
| |
|
Calycanthus floridus
|
Common sweetshrub
| |
|
Clethera alnifolia
|
Summersweet cletheria
| |
|
Cornus mas
|
Corneliencherry dogwood
| |
|
Cornus racemosa
|
Gray dogwood
| |
|
Cornus sericea
|
Red osier dogwood
| |
|
Forsythia x intermedia
|
Forsythia
| |
|
Fothergilla gardenii
|
Dwarf Fothergilla
| |
|
Hydrangea arborescens
|
Smooth Hydrangea
| |
|
Hydrangea quercifolia
|
Oak-leaved hydrangea
| |
|
Ligustrum vulgare
|
Privet
| |
|
Ilex verticillata
|
Winterberry holly
| |
|
Itea virginica
|
Virginia sweetspire
| |
|
Myrica pensylvanica
|
Northern bayberry
| |
|
Philadelphus coronarus
|
Sweet mockorange
| |
|
Rhododendron nudiflorum
|
Pinxterbloom azalea
| |
|
Rosa blanda
|
Meadow rose
| |
|
Salix gracilistla
|
Rosegold pussywillow
| |
|
Syringa species
|
Common lilac
| |
|
Vaccinum corymbosum
|
Highbush blueberry
| |
|
Viburnum species
|
Virburnum
| |
|
Evergreen Shrubs
| ||
|
Ilex glabra
|
Inkberry holly
| |
|
Viburnum rhytidophyllum
|
Leatherleaf viburnum
| |
|
Taxus canadensis
|
Canada yew
| |
|
Rhododendron maximum
|
Rosebay rhododendron
| |
B.
Open space design standards.
(1)
Open space suitability and open space structures. Land set aside for open space shall be suitable for the designated purpose and shall be consistent with the policy for future land use in the Delaware Township Master Plan. Any such open space shall contain no structure other than those related to the purposes of the open space, e.g., barns, sheds, pavilions etc. No more than 5% of the open space area, or 10,000 square feet, whichever is greater, may be used for nonagricultural structures. Structures relating to agricultural uses shall conform to the provisions of §§ 230-16D and 230-17D, Tables of Performance, Area and Dimensional Regulations.
(2)
Open space deed restriction. Any land set aside as open space
shall be subject to a deed restriction or agreement in a form acceptable
to the Township and duly recorded in the Office of the Recorder of
Deeds in and for Hunterdon County. Any such deed restriction of lands
for open space shall be absolute and not subject to reversion. Any
easements on open space lands shall be recorded before any houses
or dwelling units are sold, leased, or otherwise conveyed.
C.
Methods of conveyance and maintenance. All open space shown on the
final development plan as filed with the municipality and subsequently
recorded in the Office of the Recorder of Deeds of Hunterdon County
must be conveyed in accordance with one or more of the following methods:
(1)
Conveyance of title to the municipality:
(a)
The municipality may, at the recommendation of the Planning
Board, accept any portion or portions of the open space, provided:
[1]
The Planning Board determines that such lands will benefit the
general public of the municipality and that such land is suitable
with regard to size, shape, location, and access;
[2]
The Planning Board determines that the proposed uses are consistent
with the provisions of the Delaware Township Master Plan;
[3]
The municipality agrees to and has access to maintain such lands;
and
[4]
Title is conveyed to the municipality without cost.
(2)
Conveyance of title to a conservancy, nonprofit corporation,
homeowners' or condominium association, funded community trust, individual
or other legal entity.
(a)
Any easements on open space lands shall be recorded before any
lots or dwelling units are sold, leased, or otherwise conveyed. The
terms of such instrument of conveyance shall include provisions suitable
to the municipality guaranteeing:
[1]
The continued use of such land for the intended purpose in perpetuity;
[2]
Continuity of proper maintenance;
[3]
Availability or access to funding for such maintenance;
[4]
Adequate insurance protection;
[5]
Provision for payment of applicable taxes;
[6]
Recovery for loss sustained by casualty, condemnation, or otherwise;
[7]
The right of the municipality to enter upon and maintain such
property at the expense of the organization in the event the organization
fails to maintain the property; and
[8]
Such other covenants and/or easements to fulfill the purposes
and intent of this chapter.
(b)
The following are prerequisites for any entity taking title
to open space lands. Such entity:
[1]
Shall be approved by the municipality, prior to final subdivision
plan approval, and the liens recorded before any homes or dwelling
units are sold, leased or otherwise conveyed;
[2]
Shall be responsible for liability insurance, taxes, recovery
for loss sustained by casualty, condemnation, or otherwise, and the
maintenance of recreational and other facilities.
[3]
Shall not dispose of the open space by sale or otherwise, except
to an organization conceived and established to own and maintain open
space. The entity shall first offer to convey the open space to the
municipality.
(c)
The following are additional prerequisites for homeowners' associations,
condominium associations and other membership associations. Such entity:
[1]
Shall insist on mandatory membership for each buyer and/or lessee.
The organizational paper shall specify how voting rights are apportioned,
e.g., per unit, per bedroom. The organizational papers shall set forth
the manner and time of transference of the organization and its assets
from developer to homeowner.
[2]
Shall require its members or beneficiaries to pay their pro
rata share of the costs. The assessment levied shall become a lien
on the property, including any maintenance and associated administrative
costs incurred by the municipality.
[3]
Shall be able to adjust the assessment to meet changed conditions.
(d)
Lots entirely prohibited from development by restrictive covenants,
conservation easements, or other easements granted to a municipality
or conservancy, nonprofit corporation, funded community trust, or
other legal entity may be deeded as lots, provided that the terms
of such instrument of conveyance include provisions guaranteeing:
[1]
The continued use of such land for the preservation of open
space in perpetuity;
[2]
Such other conveyance and/or easement that the municipality
shall deem necessary to fulfill the purposes and intent of this chapter;
[3]
Conveyance of all easements shall take place prior to sale or
conveyance of any lots or dwelling units;
[4]
Each owner of the open space shall maintain liability insurance
naming the holder of the easement as an additional insured. The property
owner shall remain responsible for payment of real estate taxes and
for general maintenance of the property as provided by the terms of
the easement, and shall agree that the holder of the easement shall
be held harmless from any claims of any nature.
(e)
Ownership of open space lot by an individual for agricultural
purposes. Open space may be retained by the original landowner, provided
the terms of conveyance include provisions acceptable to the municipality,
guaranteeing:
D.
Specific use regulations for open space.
(1)
No motor vehicle usage in the open space area shall be permitted
except for maintenance or agricultural purposes.
(2)
No cutting of any trees or destruction or removal of vegetation,
rocks, or soil shall be permitted unless in accordance with either
an agricultural use or a site plan pursuant to review and approval
by the Planning Board. Such plan shall be in accordance with all other
applicable sections of this chapter.
(3)
No alteration of any stream, pond, or lake shall be permitted
unless in accordance with a site plan, pursuant to review and approval
by the Township. Such plan shall be in accordance with all other applicable
sections of this chapter and all applicable state or federal regulations.
(4)
No nonagricultural structures shall be erected unless in accordance
with a site plan, pursuant to review and approval by the Planning
Board. Such plan shall be in accordance with all other applicable
sections of this chapter.
A.
General.
(1)
Grading required. The yards of every structure shall be graded
to secure proper drainage away from buildings and to dispose of runoff
without ponding. Minimum two-percent slopes away from structures shall
generally be required.
(2)
Grading goals. Site grading shall be designed to establish building
floor elevations and ground surface grades that:
(3)
Excavations and fills.
(a)
No excavation shall be made with a cut face steeper in slope
than two horizontal to one vertical in wooded areas, or three horizontal
to one vertical in non-wooded or lightly wooded areas, except as approved
by the Municipal Engineer under special conditions.
(b)
No fill shall be placed that creates any exposed surface steeper
in slope than two horizontal to one vertical in wooded areas, or three
horizontal to one vertical in non-wooded areas, except as approved
by the Municipal Engineer under special conditions.
(c)
Adequate provisions shall be made to prevent surface water from
eroding the cut face of excavations or the sloping surface of fills.
(d)
Retaining walls or cribbing shall be required where needed to
prevent the surface of excavations or fills from exceeding at any
point the maximum allowable slope.
(e)
Excavations shall not be made so close to property lines as
to endanger adjoining property without supporting and protecting the
face of the excavation.
(f)
No fill or excavation shall be made closer than five feet from
a property line or proposed property line.
(4)
Retaining walls.
(a)
Retaining walls shall not exceed five feet in height. All walls
shall be designed in conformance with generally accepted design principles.
A detailed plan shall be submitted.
(b)
Retaining walls located parallel to each other, stepped, shall
be spaced horizontally at least two times the height of the lower
wall.
(c)
No retaining wall shall be closer than the height of the wall
from any lot line or proposed lot line. Retaining walls shall not
be constructed within any public street right-of-way.
(d)
All timber used for retaining wall construction shall be southern
yellow pine treated with preservative, copper-chromated arsenate (CCA),
0.40 retention. Timber shall be marked indicating the preservative
retention.
(e)
Fences may be required along the tops of retaining walls at
the discretion of the Planning Board.
B.
General.
(1)
Deposit or removal of soil. No soil shall be excavated, removed
or deposited within a steep slope area except as a result of and in
accordance with a site grading plan approved by the Township Engineer.
(2)
Reasons for soil disturbance. Proposed disturbance of soil shall be for purposes consistent with the intent of this Article XI and shall be executed in a manner that conforms with the provisions set forth in § 230-113, Soil erosion and sedimentation control, of this chapter and that will not cause excessive erosion or other unstable conditions.
(3)
Surface water runoff. Provision shall be made for the proper
disposition of surface water runoff so that it will not create unstable
conditions nor increase the potential for off-site flooding. Appropriate
storm drainage facilities shall be constructed as deemed necessary
and adequate protective measures shall be provided for downstream
properties.
(4)
Public safety. Provision shall be made for any structures or
protective measures that proposed slopes may require for the protection
of the public safety, including but not limited to retaining walls,
headwalls and fences.
(5)
Impeding flow of surface water. No proposed building, structure
or attendant protective measures shall impede the flow of surface
waters through any watercourse or cause an increase in flood heights
or velocities.
(6)
Roads and parking areas. Any proposed vehicular facilities,
including roads, drives or parking areas, shall be so designed that
any land disturbances shall not cause excessive erosion. Both the
vertical and horizontal alignment of vehicular facilities shall be
so designed that hazardous circulation conditions will not be created.
(7)
Removal of trees. No trees in excess of ten-inch caliper shall
be removed within the area of disturbance without the prior approval
of the Planning Board.
(8)
Soil classifications and permeabilities.
(a)
Soil classifications. For the purpose of this § 230-112, soils will be classified based upon their natural permeability and relative suitability for the absorption of surface water runoff as follows:
(b)
Soil permeabilities may be obtained from data compiled in the
"Soil Survey of Hunterdon County, New Jersey," as published by the
U.S. Department of Agriculture, November 1974, or from other reference
sources.
(9)
Roof runoff.
(a)
All stormwater runoff from roof areas shall be transported to
dry wells, seepage pits, detention basins or other on-site stormwater
management facilities, as approved by the Municipal Engineer. The
required methodology for the implementation of a roof runoff system
will be as follows:
[1]
Low-permeability soils per Subsection B(8)(a)[1]: detention basins or other on-site stormwater management facilities.
[2]
Moderate-permeability soils per Subsection B(8)(a)[2]: dry wells, seepage pits or other on-site stormwater management facilities.
[3]
Good-permeability soils per Subsection B(8)(a)[3]: dry wells and seepage pits.
(b)
All dry wells or seepage pits shall have a capacity to store
not less than three inches of direct runoff from all roof areas. The
dry wells or seepage pits shall be constructed of precast concrete
rings that shall be surrounded with gravel or broken stone not exceeding
one-and-one-half-inch size. For the purpose of computing volume, the
gravel or stone shall have a porosity of 40%. Each dry well, or series
of dry wells, shall have an overflow to grade. The conveyance system
from the roof to the dry well shall conform with the requirements
of the National Standard Plumbing Code. The location, construction
details and specifications for such facilities shall be shown on the
site grading plan.
C.
Site grading plans.
(1)
Detailed site grading plans.
(a)
The detailed site grading plan shall be drawn and certified
by a licensed professional engineer at a scale of not less than one
inch equals 30 feet.
(b)
Detailed site grading plans shall show the following information:
[1]
The Tax Map sheet, block and lot number, date, graphic scale,
North arrow and the names and address of owner or owners of the tract,
the applicant, if other than the owner, and of the engineer who prepared
the site plan.
[2]
All lot dimensions.
[3]
Front, side and rear yard setback dimensions.
[4]
Location of all proposed buildings, dimensions thereof, and
the first floor elevation.
[5]
Location of all buildings on adjoining lots.
[6]
The existing and proposed contours at a contour interval of
two feet or less.
[7]
The proposed elevations of the levels of any land at the corner
of the foundation of any structure or structures and the levels of
land above and below retaining walls, as well as top-of-wall elevations.
[8]
The layout of existing and proposed public streets and public
utilities.
[9]
The location of any existing or approved potable water or sanitary
sewerage disposal facilities on or within 100 feet of the lot.
[10]
The location of proposed vehicular facilities,
including roads, drives or parking areas.
[11]
The location of all existing landscaping, including
trees, shrubs and ground cover, with type and size of trees and shrubs.
[12]
The disposition and extent of topsoil to be removed
or backfilled.
[13]
The disposition and extent of all other soil to
be removed or backfilled.
[14]
The plans and specifications for any proposed
retaining walls, fences or other protective structures.
[15]
The location, plans and specifications for any
proposed dry wells, detention basins, seepage pits or other on-site
stormwater management facilities to control roof runoff.
(2)
Conceptual site grading plans.
(a)
The conceptual site grading plan shall be drawn by a licensed
or certified landscape architect or professional engineer at a scale
of not less than one inch equals 30 feet.
(b)
Conceptual site grading plans shall show the following information:
[1]
Location of all proposed buildings and first floor elevation.
[2]
The existing and proposed contours at a contour interval of
two feet or less.
[3]
The proposed elevations of the levels of land above and below
retaining walls, as well as top-of-wall elevations.
[4]
The location of proposed vehicular facilities, including roads,
drives or parking areas.
[5]
The location of all existing wooded areas.
[6]
The plans and specifications for any proposed retaining walls,
fences or other protective structures.
[7]
The location of any existing or proposed potable water or sanitary
sewerage disposal facilities, on or within 100 feet of the lot.
[8]
A slope map showing existing slope areas, limits of grading and all calculations necessary to determine compliance with this § 230-112.
[9]
The location of any proposed dry wells, detention basins, seepage
pits or other on-site stormwater management facilities to control
roof runoff.
(3)
Subdivision and site plan requirements.
(a)
Site grading plans shall be required for all major subdivisions,
minor subdivisions and site plans where the total proposed disturbance
exceeds 5,000 square feet or where slopes exceed 15%.
(b)
The installation of dry wells, seepage pits, detention basins or other on-site stormwater management facilities to control runoff from roof areas pursuant to § 230-112B(9) shall be required for the construction of any principal structure upon a lot for major subdivisions, minor subdivisions and site plans. This requirement shall not pertain to existing structures or any addition thereto.
(c)
In the case of major and minor subdivisions, in lieu of submitting detailed grading plans, the applicant may submit conceptual lot grading plans for the purposes of preliminary and final subdivision approval. If the proposed individual lot or lots do not contain any slopes over 15% and the on-site soils are determined to be suitable for the installation of dry wells or seepage pits for roof areas, individual conceptual lot grading plans shall not be required for the purposes of preliminary and final subdivision approval. Notwithstanding the above, prior to the issuance of a building permit, a detailed site grading plan conforming to this § 230-112 shall be submitted to the Municipal Engineer for review and approval. If the applicant fails to meet the requirements of this § 230-112, a building permit shall not be issued.
D.
Administration.
(1)
Issuance of building permit. No building permit shall be issued
by the Construction Official for any proposed structure unless and
until the Municipal Engineer shall have approved a detailed site grading
plan submitted in accordance with this section. Upon approval or denial
of any site grading plan required by this section, the Secretary of
the Planning Board shall forthwith notify the Construction Official
thereof.
(2)
Certificate of occupancy. No certificate of occupancy shall
be issued by the Construction Official unless and until proof has
been submitted to him or her that all conditions of the site grading
plan approval have been fully met and complied with.
E.
Applicability.
(1)
Temporary conditions. The provisions of this Article XI shall not apply to temporary grading and disturbance, such as utility trenches, land disturbance related to the establishment of lawn areas or other similar activities that do not result in a change in the natural grade of the area.
(2)
Prior approved lots. For all lots approved or in existence prior to adoption of this chapter, a detailed site grading plan and a roof runoff plan in accordance with Subsection B(9) shall be provided to the Township Engineer for review and approval prior to issuance of a building permit.
(3)
Farming. Nothing herein contained, however, shall be construed
to prohibit the use of a land for farming activities, provided that
such use is permitted in the zone in which the property is located
and is consistent with all other applicable Township, county and state
regulations.
A.
Data required. Any soil erosion and sedimentation control plan shall
contain:
(1)
Location and description of existing natural and man-made features
on and within 200 feet surrounding the site including soil characteristics
and general topography at contour intervals. These features shall
be taken from the Hunterdon County Soil Survey and conform to the
requirements of this chapter.
(2)
Location and description of proposed changes to the site, including
contours and spot elevations showing "before" and "after" conditions.
(3)
Measures for soil erosion and sediment control, which must meet
or exceed standards for soil erosion and sediment control promulgated
by the State Soil Conservation Committee. Standards shall be on file
at the offices of the Hunterdon County Soil Conservation District
and the Municipal Clerk.
(4)
A schedule of the sequence of installation of planned erosion
and sediment control measures as related to the progress of the project
including anticipated starting and completion dates.
B.
Revisions of data. All proposed revisions of data required shall
be submitted for approval.
C.
Review and approval.
(1)
Soil erosion and sediment control plans shall be reviewed by
the Hunterdon County Soil Conservation District and certified by the
municipal agency when in conformance with the standards for erosion
and sediment control. The applicant shall be provided with written
notification as hereinbelow provided within 30 days of submission
of a complete plan unless, by mutual agreement in writing between
the municipal agency and the applicant, this period is extended for
an additional 30 days. Failure of the municipal agency to make a decision
within such period or such extensions thereof shall constitute certification.
(3)
A copy of the municipal agency decision including name of applicant,
site location by street address and Tax Map lot and block number and
proposed land use shall be sent to the HCSC District. The municipality
shall also make available such other information as may be required
by the district.
[Amended 3-27-2006 by Ord. No. 2006-08LU; 9-10-2018 by Ord. No. 2018-10; 3-2-2020 by Ord. No. 2021-01]
A.
Scope, purpose and fees.
(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. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection B.
(3)
Applicability.
(b)
In the case of agricultural or horticultural development that
meets the definition of "major development" under N.J.A.C. 7:8, a
farm conservation plan that addresses the protection of soil and water
resources shall be developed and implemented. Such a plan shall be
approved by the Hunterdon County Soil Conservation District.
(c)
This section shall also be applicable to all major developments
undertaken by the Township of Delaware and other governmental entities.
(4)
Review fees and inspection escrows.
(a)
Review fees.
[1]
When stormwater management plans are required to be prepared
and submitted for review and approval under this section, and when
such plans are submitted for review and approval in conjunction with
an application for development approval under the Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq., then no additional and separate review
fee shall be required. The costs for professional review of the stormwater
management plan will be deducted from the review escrow account established
for the development application in accordance with the applicable
provisions of this chapter.
[2]
A review fee of $500 shall be paid to the Township whenever:
[a]
A stormwater management plan is required to be
prepared and submitted for review and approval under this section,
and such plan is not submitted for review and approval in conjunction
with an application for development approval under the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq.
[b]
A revised stormwater management plan is submitted
for review and approval subsequent to the approval of a development
application by the Planning Board or Board of Adjustment, and when
revisions to a previously approved stormwater management plan are
necessitated by field conditions or other modifications to the development
proposal.
(b)
Inspection escrows.
[1]
When stormwater management improvements are constructed in conjunction
with other site improvements associated with an approved major subdivision
or site plan, then no additional and separate construction inspection
escrow account shall be required.
[2]
When stormwater management improvements are constructed in conjunction
with a minor subdivision approval, or variance approval for which
no site plan was required, then a construction inspection escrow account
shall be established with the Township in the manner as provided in
this chapter and in accordance with the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
(5)
Compatibility with other permit and ordinance requirements.
Development approvals issued pursuant to this section are to be considered
an integral part of development approvals 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 NEIGHBORHOODS
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
KARST TERRAIN
LEAD PLANNING AGENCY
LIMESTONE AREA
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. For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
Those areas with 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 chapter.
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 a county planning agency or
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 enlarge-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,
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
land, "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.
Neighborhoods 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, habitats 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.
An area where karst topography, with its characteristic surface
and subterranean features, is developed as a result of the dissolution
of limestone, dolomite, or other soluble rock. Characteristic physiographic
features present in karst terrains include but are not limited to
sinkholes, sinking streams, caves, blind valleys, large springs and
subterranean drainage. See also "limestone area."
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 area of Hunterdon County underlain by carbonate sedimentary
rock consisting chiefly of calcium carbonate. "Limestone" is commonly
used as a general term for the class of rocks that consist of at least
80% calcium or magnesium carbonate. See also "karst terrain."
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
A combination of Subsection B(1)(b) and (c) above that totals
an area of 1/4 acre or more. The same surface shall not be counted
twice when determining if the combination area equals 1/4 acre or
more.
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 B(1)(a) through (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.
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.
Any city, borough, town, township, or village. For the purposes
of this chapter, the Township of Delaware.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Subsection D(6) 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 chapter.
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, political subdivision of this state and any state, interstate
or federal agency.
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 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.
Defined as 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.
Design and performance standards for stormwater management measures.
(1)
Objectives. Stormwater management measures for major development
shall be designed to provide erosion control, groundwater recharge,
stormwater runoff quantity control, and stormwater runoff quality
treatment as follows:
(a)
The minimum standards for erosion control are those established
under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq.,
and implementing rules at N.J.A.C. 2:90.
(b)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
(2)
Scope. The standards in this section apply only to new major
development 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 J.
(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 13:1B-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 quality, and stormwater runoff quantity requirements of Subsection D(16), (17) and (18):
(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 green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(15), (16), (17) and (18) 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(15), (16), (17) and (18) 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 (18). 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
(percent)
|
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
|
60-80
|
No
|
No
|
—
|
|
(Notes corresponding to annotations (a) through (g) are found following 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
(percent)
|
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 following 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
(percent)
|
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
|
50-90
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at Subsection D(15)(b);
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of "green infrastructure" at Subsection B;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B.
|
(7)
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection F(2). Alternative stormwater management measures may be used to satisfy the requirements at Subsection D(15) only if the measures meet the definition of "green infrastructure" at Subsection B. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection D(15)(b) are subject to the contributory drainage area limitation specified at Subsection D(15)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection D(15)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from Subsection D(15).
(8)
Whenever the stormwater management design includes one or more
BMPs that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
(9)
Design standards for stormwater management measures are as follows:
(a)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(b)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection H(3);
(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 Section Subsection D(15)(d).
(11)
Any application for a new agricultural development that meets the definition of "major development" at Subsection B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection D(15), (16), (17) and (18) 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 (18) shall be met in each drainage area, unless the runoff from the drainage areas converge on site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
(13)
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the office of the Hunterdon 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 (18) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection J(2)(e). 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 Hunterdon County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection D(13) above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection D(13) above.
(15)
Green infrastructure standards.
(a)
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection D(16) and (17), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection D(6) and/or an alternative stormwater management measure approved in accordance with Subsection D(7). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
(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 (18).
(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 (18), 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 (18).
(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)
These 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)
Stormwater runoff quantity standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major 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 pre-construction
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(18)(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.
(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/stelprdb 1044171.pdf; or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davidson 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 pre-construction 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 above 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 pre-construction 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 pre-construction 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 or 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: 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/nigs/pricelst/gsreport/gsr32.pdf;
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
F.
Sources for technical guidance.
(1)
Technical guidance for stormwater management measures can be
found in the documents listed below, which are available to download
from the Department's website at http://www.nj.gov/dep/stormwater/bmp
manual2.htm.
(a)
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
(b)
Additional maintenance guidance is available on the Department's
website at https://www.njstormwater.org/maintenance guidance.htm.
(2)
Submissions required for review by the Department should be
mailed to the Division of Water Quality, New Jersey Department of
Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton,
New Jersey 08625-0420.
G.
Solids and floatable materials control standards. Site design features identified under Subsection D(6) above, or alternative designs in accordance with Subsection D(7) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see Subsection G(2) below.
(1)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(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 seven 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 system floors used to collect stormwater from the surface
into a storm drain or surface water body.
(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 seven square inches, or be no greater than
two inches across the smallest dimension.
(2)
The standard in Subsection G(1) above does not apply:
(a)
Where each individual clear space in the curb opening in the
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:
[1]
A rectangular space 4 5/8 inches long and 1 1/2 inches
wide (this option does not apply for outfall netting facilities);
or
[2]
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 5:21-7.4(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.
H.
Safety standards for stormwater management basins.
(1)
This subsection sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This subsection applies to any new stormwater management BMP.
(2)
The provisions of this subsection are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection H(3)(a), (b) and (c) for trash racks, overflow grates, and escape provisions at outlet structures.
(3)
Requirements for trash racks, overflow grates and escape provisions.
(a)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the Stormwater management
BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
[1]
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
[2]
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
[3]
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
[4]
The trash rack shall be constructed of rigid, durable, and corrosion-resistant
material and 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 as
follows:
[1]
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection H(3), a freestanding outlet structure may be exempted from this requirement;
[2]
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See Subsection H(5) for an illustration of safety ledges in a stormwater management BMP; and
[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.
(4)
Variance or exemption from safety standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
(5)
Safety ledge illustration.
|
Elevation View - Basin Safety Ledge Configuration
 |
I.
Requirements for a site development stormwater plan.
(1)
Submission of site development stormwater plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection I(3) below as part of the submission of the application for 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 review process
by the municipal board or official from which municipal approval is
sought. That municipal board or official shall consult the municipality's
review engineer 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)
Submission of site development stormwater plan. The following
information shall be required:
(a)
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.
(b)
Environmental site analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. 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.
(c)
Project description and site plans. 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 will 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 for proposed
changes in natural conditions shall also be provided.
(d)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections C through E 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.
(e)
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
[1]
Total area to be disturbed, 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.
[2]
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.
(f)
Calculations.
[1]
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Subsection D of this section.
[2]
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on on-site boring logs 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.
(g)
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J.
(h)
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection I(3)(a) through (f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
J.
Maintenance and repair.
(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). The plan shall contain information
on BMP location, design, ownership, maintenance tasks and frequencies,
and other details as specified in Chapter 8 of the NJ BMP Manual,
as well as the tasks specific to the type of BMP, as described in
the applicable chapter containing design specifics.
(c)
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.
(d)
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.
(e)
If the party responsible for maintenance identified under Subsection J(2)(c) above is not a public agency, the maintenance plan and any future revisions based on Subsection J(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.
(f)
Preventative and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.) of the stormwater management measure,
including, but not limited to, repairs or replacement to the structure;
removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of nonvegetated linings.
(g)
The party responsible for maintenance identified under Subsection J(2)(c) 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)
The requirements of Subsection J(2)(c) and (d) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department: https://www.njstormwater.org/maintenance_guidance.htm.
(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. Nonpayment of such
bill may result in a lien on the property.
(3)
Nothing in this subsection 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.
