A.
Accessory buildings as part of principal buildings.
Any accessory building attached to a principal building shall be considered
part of the principal building and the total structure shall adhere
to the yard requirements for the principal building regardless of
the technique of connecting the principal and accessory buildings.
B.
Accessory buildings not to be constructed prior to
principal buildings. No building permit shall be issued for the construction
of an accessory building prior to the issuance of a building permit
for the construction of the main building upon the same premises.
If construction of the main building does not precede or coincide
with the construction of the accessory building, the Construction
Official shall revoke the building permit for the accessory building
until construction of the main building has proceeded substantially
toward completion.
[Amended 1-31-1977 by Ord. No. 1-1977]
C.
Distance between adjacent buildings. The minimum distance between an accessory building and another accessory building or structure or any principal building on the same lot shall be as prescribed in Article IV, except that no poultry or livestock shelter shall be erected nearer than 50 feet to any dwelling on the same lot.
[Amended 3-16-2022 by Ord. No. 8-2022]
D.
Height and gross floor area of accessory buildings. The height and gross floor area of accessory buildings shall be as provided in Article IV.
[Amended 3-16-2022 by Ord. No. 8-2022]
E.
Location. An accessory building may be erected in side and rear yard areas only and shall be set back from side and rear lot lines as prescribed in Article IV, except that if erected on a corner lot, the accessory building shall be set back from the side street to comply with the setback line applying to the principal building for that side street, and except further that no poultry or livestock shelter shall be erected nearer than 50 feet to any lot lines.
F.
Residential storage sheds. Bulk, area and yard requirements for residential storage sheds and the maximum number of permitted residential storage sheds on a lot or parcel of land shall be in accordance with Article IV.
[Added 12-15-1994 by Ord. No. 8-1994; amended 3-16-2022 by Ord. No. 8-2022]
G.
Individual accessory buildings and structures not part of principal buildings. Individual accessory buildings and structures not part of principal buildings shall include accessory uses permitted in each zoning district and shall comply with the bulk, area and yard requirements as set forth in Article IV.
[Added 3-16-2022 by Ord. No. 8-2022]
H.
Temporary
accessory uses. The following requirements are provided for temporary
accessory uses:
[Added 3-16-2022 by Ord. No. 8-2022]
(1)
Temporary
accessory uses include portable home storage units and sea boxes.
(2)
The
maximum period of time for a temporary accessory use to occupy a parcel
of land shall be 90 days. An extension for an additional 90 days may
be requested through application to the Zoning Officer. The total
period of time for a temporary accessory use to continuously occupy
a parcel of land shall not exceed 180 days. The minimum period of
time for a parcel of land to be devoid of a temporary accessory use
shall be 180 days.
(3)
No
more than one temporary accessory use shall be permitted on a parcel
of land at one time.
(4)
Temporary
accessory uses shall be located within the side or rear yards of the
parcel of land. The location of temporary accessory uses shall comply
with the side and rear yard setbacks and the setbacks between accessory
uses and a principal building and another accessory use required by
the zoning district in which the parcel of land is located. Temporary
accessory uses shall be prohibited in the front yard, except as provided
below.
(a)
A portable home storage unit, which excludes a sea box, may be located
within the front yard provided it meets the following requirements:
[1]
The portable home storage unit located within the front yard of the
parcel of land shall be set back at least 10 feet to the street line,
and shall not obstruct the site distance for vehicles entering and
exiting the driveway on the parcel of land.
[2]
For a portable home storage unit located in an open area other than
a driveway in the front yard, its location shall comply with the side
yard setback for a principal building required by the zoning district
in which the parcel of land is located.
[3]
For a portable home storage unit located in a driveway in the front
yard, its location shall not reduce the amount of off-street parking
so as to violate the number of off-street parking spaces required
by the zoning district in which the parcel of land is located.
[Added 5-1-1997 by Ord. No. 3-1997]
The following standards are hereby established
for the Airport Safety Zone:
A.
Minimum obstruction standards.
(1)
Minimum obstruction ordinance standards establish
the vertical limit to which structures or trees may be allowed to
be developed or grow within an Airport Safety Zone.
(2)
Minimum obstruction ordinance standards are
vertical standards measured in respect to elevations whose datum is
the horizontal plane established by runway elevations. For example,
if a point in an Airport Safety Zone permits, at a specific point,
development up to "X" feet, that means "X" feet above the runway horizontal
plan and not "X" feet above the natural grade of the land at that
point in the Airport Safety Area (see Fig. 2).[1]
[1]
Editor's Note: Figure 2 is available at the
office of the Township Clerk.
(3)
The vertical standards within the runway subzone
of an Airport Safety Zone are determined first by establishing the
elevations at the runway center lines at the ends of the runway subzone
of the Airport Safety Zone. From those elevations at the runway subzone
ends, a line is run 90° outward from each side of the runway center
line for a distance of 125 feet. Within the area defined by those
four points, no development is allowed above the natural grade of
the soil except for runway and flight safety equipment. The vertical
standards within the remainder of the runway subzone of an Airport
Safety Zone are determined by establishing plans from the edges of
the longitudinal zero-foot development restriction line established
in N.J.A.C. 16:62-4.2(c) which slope upward and outward at a rate
of seven feet horizontally to one foot vertically. This upward plan
ceases when it reaches the outer longitudinal borders of the Runway
Subzone of any Airport Safety Zone at the elevation of 150 feet above
its starting point at the longitudinal zero-foot development line
(see Fig. 3).[2]
[2]
Editor's Note: Figure 3 is available at the
office of the Township Clerk.
(4)
The vertical standards within the runway end
subzone of an Airport Safety Zone are determined by first establishing
a plane with a rising slope of one foot upward to 20 feet outward
from the end of the runway subzone to the outermost end of the runway
end subzone. This plane is bisected by the extended runway center
line and is 250 feet in total width at its innermost dimension and
widens uniformly along its three-thousand-foot length so as to have
a total width of 850 feet at its outermost dimension where it intersects
with the outmost portion of runway end subzone at the elevation of
150 feet above its starting point at the zero-foot development line.
(a)
The vertical standards within the remainder of the runway end subzone of an Airport Safety Zone are determined by establishing sloping planes from the outmost longitudinal edges of the plan established in Subsection A(4) above. These planes rise upward at a rate of one foot upward to seven feet outward from the plane established in Subsection A(4) above to where they meet the outermost longitudinal boundaries of the runway end subzone at the elevation of 150 feet (see Fig. 4).[3]
[3]
Editor's Note: Figure 4 is available at the
office of the Township Clerk.
B.
Permitted land uses within the Airport Safety Zone
overlay. Only the following land uses are permitted within the Airport
Safety Zone overlay:
(1)
Residential single-family dwelling units situated
on lots of at least six acres, or clustered developments where the
density does not exceed one unit per six acres, and the minimum lot
area is at least three acres, provided that all dwellings are physically
located outside of the clear zone.
(2)
Open space.
(4)
Airport.
(6)
If any planned industrial uses are situated
in the Airport Safety Zone overlay, then the less stringent standards
(e.g., those more favorable to the property owner) available under
state regulations shall apply for purpose of minimum acreage requirements.
C.
Prohibited land uses within the Airport Safety Zone
overlay shall be as follows:
(1)
Residential dwelling units not situated on a
lot of at least six acres in size.
(2)
Planned unit developments and multifamily dwellings.
(3)
Hospitals.
(4)
Schools.
(5)
Aboveground bulk tank storage of compressed
flammable or compressed toxic gases and liquids.
(6)
Within the runway end subzones only, the aboveground
bulk storage of flammable or toxic gases and liquids.
(7)
Uses that may attract massing birds, including
landfills; except where the same arises from farm and agricultural
uses.
(8)
Above grade major utility transmission lines
and/or mains.
D.
Variances within Airport Safety Zone overlay. Notwithstanding
anything to the contrary contained in this chapter, variance for any
use or conditions within the Airport Safety Zone overlay shall be
granted except upon issuance of a permit by the Commissioner of Transportation.
[Amended 8-6-1982 by Ord. No. 16-1982]
Within any district allowing apartments, no dwelling containing apartments shall take place unless the following minimum standards are met in addition to the requirements specified in Article IV and until the site plan has been reviewed by the Planning Board:
A.
Each dwelling unit and combined complex of dwelling
units shall have a compatible architectural theme with variations
in design to provide attractiveness to the development, which shall
include consideration of landscaping techniques, building orientation
to the site and to other structures, topography, natural features
and individual dwelling unit design such as varying unit width, staggering
unit setbacks, providing different exterior materials, changing rooflines
and roof designs, altering building heights and changing types of
windows, shutters, doors, porches, colors and vertical or horizontal
orientation of the facades, singularly or in combination, for each
dwelling unit.
B.
Prior to the Planning Board approval, a certification
by the Township Engineer shall be required confirming the adequacy
and availability of public water and sanitary sewer facilities to
service the proposed development. Prior to the issuance of a certificate
of occupancy, all dwelling units shall be connected to approved and
functioning public water and sanitary sewer facilities.
C.
The total area devoted to parking shall not exceed
20% of the tract. All parking facilities shall be on the same site
as the building and located within 150 feet of the nearest entrance
of the building they are intended to serve. Parking spaces shall be
provided in areas designed specifically for parking and there shall
be no parking along interior streets.
D.
Configuration and coverage.
(1)
Apartment buildings may consist of any configuration
that meets the prescribed area and yard requirements and does not
exceed the following overall or component building lengths. Building
coverage shall not exceed 20% of the tract area.
(2)
Buildings measured along the center line shall provide
one opening at ground level at least every 250 feet. This opening
shall be a minimum of 15 feet in clear width and height and be at
an elevation enabling emergency vehicle access through the opening.
E.
No portion of any dwelling unit shall be a basement.
F.
Each dwelling unit shall have two separate means of
egress to the ground, except that any windowsill which is 12 feet
or less above the ground level below it shall be considered a separate
means of egress.
G.
All buildings shall be Type 2 fire resistive by FHA
standards. In addition, each apartment building shall provide fire
walls extending through the roof surface by at least six inches in
the form of either extensions of the wall through the roof surface
or as offsetting roof lines and fire walls shall be constructed as
the side walls of every other apartment unit. Fire walls need not
extend through the roof surface or as offsetting roof lines between
apartments that are back to back. No more than four apartments in
total on any floor shall be designed within said fire walls extending
either through the roof surface or as offsetting roof lines. All side
walls located between the fire walls that extend through the roof
surface or as offsetting roof lines shall extending up to the roof
sheathing with a solid ridge line.
H.
In addition to any storage area contained inside individual
dwelling units, there shall be provided for each dwelling unit 200
cubic feet of storage area in a convenient, centrally located area
in the basement or ground floor of the dwelling structure where personal
belongings and effects may be stored without constituting a fire hazard
and where the said belongings and effects may be kept locked and separated
from the belongings of other occupants. There shall be a further minimum
common storage area in each building of 50 cubic feet per dwelling
unit, located conveniently to the outside ground level, for bicycles,
perambulators and similar types of equipment.
I.
No outside area or equipment shall be provided for
the hanging of laundry or the outside airing of laundry in any manner.
Sufficient area and equipment shall be made available within each
building for the laundering and artificial drying of laundry of occupants
of each building. Such areas shall be adequately soundproofed.
J.
Each apartment building shall contain a single master
television antenna system which shall serve all dwelling units within
the building.
K.
All streets, both internal and external (including
grading and paving), driveways, parking areas, sidewalks, curbs, gutters,
streetlighting, shade trees, water mains, water systems, culverts,
storm sewers, sanitary sewers, pumping stations, drainage structures
and such other improvements as may be found to be necessary in the
public interest, including recreation facilities, shall be installed
at the expense of the developer and shall be completed to the satisfaction
of the Planning Board before a certificate of occupancy may be issued.
In lieu of total completion of above, an adequate performance bond
properly guaranteeing the completion may be accepted. Such bond value
will be set at the time of posting and will be held by the Clerk of
Pemberton Township after approval by the Township Solicitor as to
form and surety.
L.
At least one building superintendent shall be provided
and employed by the owner, and he shall reside on the premises.
Nothing in this chapter shall require any change
in the plans, construction, size or designated use of any building,
structure or part thereof for which any building permit or site plan
approval has been granted before the enactment of this chapter, provided
that construction from such plans shall have been started within 60
days after the enactment of this chapter and shall be continually
and diligently pursued to completion; otherwise said permit shall
be void.
[Added 9-6-1990 by Ord. No. 18-1990[1]]
A child-care center shall be a permitted principal
or accessory use in all nonresidential zones within the Township of
Pemberton. The following standards shall apply to this use when proposed
in the TC, GCLI, MI, PI, M, HD and GI Districts:
A.
All portions of any child-care center to be used by
children shall be located on the principal entrance floor and any
other level which is not more than 1/2 story above or below grade
at the location from which egress is provided to the street.
B.
A minimum of 1,000 square feet, plus 50 square feet
per child of outdoor space, adjacent to the center shall be provided
and shall be adequately fenced or otherwise protected from hazards,
traffic and driveways. The per-child outdoor area requirement shall
be calculated utilizing the licensed capacity authorized.
C.
The hours of operation shall be limited to twelve-hour
periods.
D.
Child-care centers shall provide one parking space
per employee, plus one additional parking space for every five children.
Adequate space shall be provided for the loading and unloading of
children which shall take place on-site and not in a public right-of-way.
E.
The internal pedestrian circulation pattern shall
be adequate to assure the safe movement of children and parents into
and out of the child-care facility. Design features to be incorporated
include the use of sidewalks and pedestrian crosswalks to connect
the parking area with the child-care center facility.
F.
Parking areas and pedestrian walkways shall be illuminated
to provide safe entrance and egress from the center for both pedestrian
and automobile traffic.
G.
Location of access driveways, landscaping, signage
and general site plan design shall be compatible with the neighborhood
in which the center is to be located. The location of any child-care
center shall be appropriately situated in relation to the use or area
it is intended to serve. No child-care center shall be permitted to
be located near or adjacent to areas determined to be hazardous to
the physical health and safety of the children.
H.
Where a child-care center is provided as an accessory
use to a principal use located on the same lot, the gross floor area
devoted to the child-care center shall be excluded from calculating
the parking and lot coverage requirements for the zone.
I.
Where a child-care center is provided as a principal
use, the area and yard requirements shall apply as noted in the applicable
district standards.
J.
Adequate landscape screening may include the use of
earth berms, evergreen plantings and landscape plantings and solid
fencing used individually or in combination so as to visually separate
the child-care center lot from the adjoining parcels. Each child-care
center shall provide landscaped buffers adjacent to any side or rear
lot line equal to at least 10% of the lot width.
K.
Any child-care center shall comply with all state
standards, and any local approval shall be conditioned upon receipt
of a state license.
L.
All other applicable requirements of this chapter
shall apply, except where the Planning Board determines that such
requirements are not appropriate for child-care centers.
[1]
Editor's Note: This ordinance also provided
as follows: Licensing requirement. In addition to the licensing procedures
promulgated by the State of New Jersey, Department of Human Services,
for the obtainment of a license for a child-care center pursuant to
N.J.S.A. 30:5B-1 et seq., any applicant appearing before a land use
board within the Township of Pemberton shall also submit to a criminal
investigation background check/report to be undertaken by the local
Police Department. An application for site plan approval for a child-care
center under this ordinance shall not be deemed complete until said
background check/report has been obtained by the Township of Pemberton.
Except to the extent that this background check is required to constitute
a complete application, this section of the ordinance shall not be
deemed a land use ordinance, but instead shall be deemed an ordinance
adopted pursuant to the local police power of the municipality, intended
to advance the health, morals, safety and welfare of the residents
of the Township of Pemberton.
Except as specified in § 190-37 of this chapter, any use, building or structure existing at the time of the enactment of this chapter may be continued even though such use, building or structure may not conform to the provisions of this chapter for the district in which it is located.
[Amended 5-30-1979 by Ord. No. 8-1979; 5-6-1983 by Ord. No.
7-1983; 8-17-1984 by Ord. No. 14-1984; 11-7-1986 by Ord. No.
26-1986; 12-15-1994 by Ord. No. 8-1994; 2-16-1995 by Ord. No.
1-1995; 9-21-1995 by Ord. No. 16-1995; 10-2-1997 by Res. No. 200-1997; 10-19-2011 by Ord. No. 19-2011;[1] 9-16-2020 by Ord. No. 14-2020]
Fences, walls, hedges and similar plantings or structures shall
be permitted in any yard, along lot lines or the edge of any yard,
in accordance with the provisions of this section.
A.
Location and height.
(1)
Single-family residential districts.
(a)
Fences and walls shall not exceed six feet in height from grade
in any side or rear yard.
(b)
Fences and walls shall not exceed four feet in height from grade
in the front yard. For the purpose of this section, the front yard
shall be the distance from the street right-of-way to either:
(e)
A fence or wall may be erected on all or a portion of a vacant
parcel in a single-family residential district in accordance with
the provisions of this section only when such vacant lot is joined
in common ownership with an existing developed lot and the fence encloses
both the vacant lot, or portion thereof, and the developed lot within
one enclosed area. A gate providing access through a fence or wall
erected along every street frontage shall be provided, which shall
be at least eight feet in width and may be locked.
(2)
All other nonresidential districts.
(a)
A fence shall not exceed eight feet in height along the side
or rear lot lines.
(b)
A fence shall not exceed four feet in height along the front
yard.
(d)
A fence or wall may be erected on a vacant parcel in a nonresidential district in accordance with the requirements of § 190-34A(1)(e) above. A gate providing access through a fence or wall erected along every street frontage shall be provided, which shall be at least eight feet in width and may be locked.
B.
Orientation.
(1)
Fence. The finished side of a fence shall face outward from the property
with all exposed framework facing the interior of the lot upon which
such fence is erected (not including exposed structural posts between
fence sections).
(2)
Wall. A finished surface shall be provided on the exterior side of
all masonry walls; such finishes may include brick, decorative block,
or stucco, which shall face outward from the property on which such
wall is erected.
C.
Permitted and prohibited fence and wall materials and finishes.
(1)
Permitted materials and finishes. Fences and walls may be constructed
of one or more of the following materials:
(2)
Prohibited materials and finishes. Fences and walls shall not be
constructed of any of the following materials:
(a)
Corrugated or sheet metal, plywood, salvaged doors, tires, car
doors, or any recycled object or material or discarded material or
object that is not designed, manufactured and intended or suited for
fence or wall construction.
(b)
Any object or material that is not approved by the Zoning Officer.
D.
E.
Exemptions. Electronic fences (such as those used to contain animals)
buried beneath the ground shall not be regulated by this section.
G.
Trees, shrubs, flowers or plants shall be permitted in any front, side, or rear yard, in conformance with § 190-34A(1)(c)[1] of this section or as regulated by Subsection J below.
H.
Other structures. Walls, driveways, arbors, curbs, retaining walls, mailboxes, name plates, lamp posts, bird baths, and similar structures shall be permitted in any front, side or rear yard provided that the location and height conform to § 190-34A(1) above for front yard areas and Subsection J below.
I.
Design standards. The following additional standards shall apply
to all fences, walls, and hedges in any zoning district:
(1)
Fences may be placed up to a lot line. No part of any fence, including
foundation, may extend beyond any lot line unless such an encroachment
is agreed to, in writing, by the owner of record of property upon
which the encroachment is proposed or exists.
(2)
If a fence exists along an abutting rear or side property line, not
more than one fence may be placed adjacent to it along the property
line. Areas between abutting fences must be maintained in accordance
with this chapter and other applicable municipal ordinances.
(3)
No wire fence such as hardware cloth, chicken wire or other farm
wire fencing, or strand or braded wire may be erected in any front
yard within a residential district, unless such wire fence is used
in conjunction with a post and rail fence for securing or enclosing
a retention pond approved by the Planning/Zoning Board. A replacement
fence of this type shall be subject to approval by the Zoning Officer.
(a)
Exception. A post-and-rail fence may have a black or green vinyl
or powder-coated wire mesh attached to it facing the interior of the
lot upon which it is erected.
(4)
No portion of the fence erected around a swimming pool shall be less than three feet from the nearest point of water. Swimming pools, spas, hot tubs and similar type of accessory uses shall comply with § 190-46 and the New Jersey UCC.
(5)
At least one self-latching gate shall be provided.
(6)
Browns Mills Town Center Redevelopment Area. A fence or wall erected
in the Browns Mills Town Center Redevelopment area shall comply with
Section [3.3.8] x.8. of the Browns Mills Town Center Redevelopment
Plan (adopted June 1, 2011, as amended).
(7)
The use of electric current or charge on any fence or part thereof is prohibited except as permitted in Subsection O below.
(8)
Orange plastic fencing, snow fencing, silt fencing, or similar type
fencing shall be prohibited in a residential district unless required
by the Soil Conservation District or other public agency with jurisdiction
during construction of an approved structure. Such fencing shall be
removed upon completion of the activity for which such fencing is
required.
J.
Sight triangles.
(1)
No structure, fence, wall, hedge, planting, tree, object or other
obstruction to visibility shall exceed 2 1/2 feet in height from
grade within a triangular section of land on that part of a corner
lot formed by:
(a)
The intersection of two street right-of-way lines and a line
connecting them at points 25 feet from the intersection of such street
right-of-way lines. At any intersection, no object exceeding 2 1/2
feet in height shall occupy the area formed by a triangle drawn by
lines extending a distance of 25 feet along the edge of intersecting
street rights-of-way and the distant points of those lines from the
intersection.
K.
Location within property lines and encroachment. All fences, hedges,
walls, and/or shrubbery shall be located within existing property
lines and shall not be erected, installed or planted off site on neighboring
property. No fence or wall shall be installed so as to disturb underground
utilities, impede the natural flow of water across land or through
any stream, swale, ditch, or other waterway, or encroach upon a public
right-of-way or recorded easement. A fence may be erected along a
property line; however, a wall erected along a property line shall
not encroach upon adjoining property, right-of-way or public land.
(1)
Subject to payment of required fees, certain circumstances involving
an encroachment into or across an easement, right-of-way, or property
boundary may be permitted by the Zoning Officer, when it is clearly
demonstrated to the satisfaction of the Zoning Officer that such encroachment
shall not defeat or interfere with the purpose of the easement. In
such circumstances, the Zoning Officer may require a signed acknowledgment,
release or waiver that is signed and notarized by affected parties
to be submitted with a fence permit application. In such cases, the
signed and notarized acknowledgment, release and waiver shall state
that the applicant:
(a)
Agrees to remove the fence, hedge, wall, etc., or other encroachment
if, in the Zoning Officer's opinion, such improvement is found to
defeat or interfere with the easement; and
(b)
Holds the Township free of any claim of responsibility and harmless
from liability of any damage that may result from the encroachment;
and
(c)
Shall maintain a minimum clearance of three inches or greater
above grade to allow the natural flow of surface water, subject to
a further determination by the Township Engineer as to whether additional
clearance in excess of three inches above grade may be required.
[1]
Review fee. In addition to the fence permit fee and any other
review fees required, an applicant for approval of an encroachment
into or across an easement, right-of-way or property boundary shall
submit the required review fee for the Township Engineer's review
and recommendation in the amount of $150.
L.
Safe and sound condition. All fences and walls shall be maintained
by the property owner in a safe, sound, sturdy and upright condition
and shall make any repairs that may be directed by the Zoning Officer
within 30 days of a notice to repair. Failure to make required repairs
to maintain a fence or wall in a safe, sound, sturdy and upright condition
may result in the issuance of a notice of violation by the Zoning
Officer.
M.
Fence permit required. No person shall erect a fence or wall until
after obtaining a fence permit from the Zoning Officer and/or Construction
Department as required by UCC. There shall be a $25 fence permit review
fee which shall be submitted with a fence permit application.
N.
Existing fences and walls at the time of adoption or readoption of
this chapter shall be allowed to remain and to be maintained so long
as such are in a safe, sound, sturdy and upright condition. No existing
fence or wall can be replaced without first obtaining a new fence
permit and adhering to the rules set forth in this section.
O.
Agricultural uses and districts. Fences for agriculture, including "Residential Agriculture" use as defined at § 190-5, or for agriculture that qualifies for farmland assessment under N.J.S.A. 54:4-23.1 et seq., shall be designed, located, erected, maintained and of such height and materials in accordance with agricultural management practices adopted by the New Jersey State Agricultural Development Committee (SADC) or approved by the Burlington County Agriculture Development Board (CADB) for the type of agriculture conducted.
(1)
Before erecting a fence for livestock, the property owner shall consult
with the Township's Zoning Officer to establish the type, design and
location of fencing to be erected.
(2)
A fence to control wildlife damage to crops or vegetation shall be
designed and installed in accordance with agricultural management
practices adopted by the SADC or CADB.
(3)
The use of electric current or charge on any fence or part thereof
shall be permitted so long as such use conforms with agricultural
management practices adopted by the SADC or CADB.
[1]
Editor's Note: This ordinance was vetoed by the Mayor, and,
on 11-2-2011 said veto was overridden by the Township Council.
[Amended 4-19-2001 by Ord. No. 5-2001; 3-19-2008 by Ord. No. 1-2008]
A.
On all lots being newly developed, whether a single
lot construction or part of a larger subdivision, lawn preparation
in disturbed areas shall include a surface layer having a minimum
depth of six inches comprised of surface soil with a known local capability
of satisfactorily supporting lawn growth.
(1)
Sodded areas shall have a minimum finished depth of
six inches of sod and surface soil with a known local capability of
satisfactorily supporting lawn growth.
(2)
Grading for lawn areas shall be kept to the minimum
necessary to prevent standing water or other undesirable moisture
conditions.
(3)
The yards of every structure shall be graded to secure
proper drainage away from the building and dispose of it without ponding
in accordance with N.J.A.C. 5:23-3.14 and 5:23-3.21.
(4)
No topsoil shall be removed from the site or used
as spoil. Topsoil moved during the course of construction shall be
redistributed so as to provide at least six inches of cover to all
areas of the site and shall be stabilized by seeding, sodding or planting.
Under no circumstances shall any soil or earth be sold or otherwise
removed from the site unless application is made and approval granted
by the Township Engineer. Application for such removal shall be accompanied
by a fee in the amount of $150.
(5)
When using fill for grading a site or any disturbed
portion thereof, fresh topsoil, or at a minimum clean fill shall be
used. "Clean fill" shall mean material that is not contaminated by
solid wastes, infectious wastes, brick, block, concrete, glass, ceramics,
wallboard, plastic, wood, metal, or demolition debris. Clean fill
may contain small amounts of gravel, roots and other elements naturally
occurring in soil. In no event shall the use of clean fill for grading
relieve the developer from the obligations of meeting the above obligations.
B.
Alternative performance in certain cases. If weather
conditions or other circumstances make it temporarily difficult or
impossible to comply with the terms or any other requirement of this
chapter, the Township Engineer may permit such terms or requirements
to be performed at such later date as he or she may specify. In such
a case, a cash guaranty or third party surety bond shall be posted
with sufficient easements to enable the Township to provide alternative
performance.
C.
Storage of soil and fill. Soil and fill may be stored
on site for no more than six months to avoid the degeneration of piles
and the creation of dangerous conditions. If soil or fill is to be
used on the site and there is a need to store same in excess of six
months, the individual or entity desiring to store the soil or fill
may seek an extension for no more than six additional months from
the Township Administrator, which shall be granted only upon a showing
of good cause. All soil and fill stored on site must be placed within
the front, rear, and side yard setbacks set forth for the property
in question under the Township Zoning Ordinance.
D.
Enforcement and penalties.
(1)
It is the developer's responsibility to comply with
the terms of this section, and the property owner or resident is intended
to benefit from these provisions. Compliance with the provisions of
this chapter shall be considered a "prior approval," which must be
completed prior to the issuance of a certificate of occupancy in accordance
with N.J.A.C. 5:23-2.24(a)1. The Construction Official or his or her
designee is hereby authorized to inspect the property prior to issuance
of a certificate of occupancy to determine whether this prior approval
has been met. Any complaints for violation(s) of this section shall
be directed to the Township Administrator, or his or her designee,
who shall be responsible for issuing a complaint and summons for an
appearance in Municipal Court. The Township Administrator, or his
or her designee, shall have the authority to investigate all complaints
and consult with the Township Engineer on same.
(2)
Violation of this section shall be punishable by a
fine of not less than $50 and not more than $1,000, at the discretion
of the Judge of the Pemberton Municipal Court. The Judge shall further
order that the conditions of the lot or lots in question be remedied
to conform with the requirements of this section.
E.
Applicability of lot grading and drainage requirements. The requirements set forth in Subsections F through O shall apply to the development of all lots within the Township of Pemberton for residential purposes. For developments where an overall grading plan has already been reviewed and approved by either the Planning Board or the Zoning Board of Adjustment, the review and approval of an individual lot grading plan prior to the issuance of a building permit is required.
F.
Definition. For the purposes of this Section, the
term "development" shall mean the construction, reconstruction or
relocation of any residential structure; the enlargement of a residential
structure resulting in a land disturbance of 500 square feet or more;
the construction or placement of an accessory structure on a residential
lot resulting in a land disturbance of 500 square feet or more; the
construction of an inground swimming pool on a residential lot; and/or
any subdivision of land classified as a major subdivision by the Township
Planning Board.
G.
Submission requirements. The developer of a tract
of land in the Township of Pemberton shall provide the following items
for each lot proposed to be developed:
(1)
Completed lot grading application, copies of which
may be obtained from the Township Construction Office;
(2)
Appropriate fee(s), as set forth in § 19035N;
(3)
Completed lot grading checklist, as provided below;[1]
[1]
Editor's Note: The Checklist for Lot Grading Plans is included at the end of this chapter.
(4)
Five copies of a lot grading plan, signed and sealed
by an engineer licensed by the State of New Jersey and containing
all information listed in the lot grading checklist;
(5)
In those instances where the lot grading application
is related to a major subdivision, the applicant shall post $2,000
per phase and $200 per lot in that phase of the subdivision. In addition,
the applicant shall deposit an inspection escrow in the amount of
$300 per lot for inspection of the final lot grading. Any reinspections
will require additional fees. The performance and inspection escrow
fees contained within this section shall be deposited in full at the
time that the performance bond is accepted by the municipality.
H.
Administrative review and overall grading plan. The Township Engineer shall review all materials submitted pursuant to Subsections G, J and K for the purpose of determining compliance with the performance standards set forth in Subsection L. Nothing contained herein shall prohibit the Engineer from requiring a new overall grading plan for review and approval. The developer shall be entitled to administrative review, if the plan meets the performance standards contained herein, provided that the proposed changes do not violate or create a conflict with the prior approvals granted by the approving authority. If, in the opinion of the Engineer, the revised grading plan substantially deviates from the prior approval, the applicant shall be required to seek the approval of the applicable board.
I.
Engineer inspection and waiver. At the discretion
of the Construction Officer, the Township Engineer may be called upon
to perform a site inspection to waive the requirements with regard
to the construction of a single-family detached dwelling not related
to a development, the enlargement of a residential structure resulting
in a land disturbance of 500 square feet or more; the construction
or placement of an accessory structure on a residential lot resulting
in a land disturbance of 500 square feet or more, and/or the construction
of an in-ground swimming pool on a residential lot. The Engineer shall
have the authority to waive the within requirements, provided that,
in his opinion, such waiver will not have an adverse effect on adjacent
lots. The Construction Officer and Engineer shall use the "Grading
Plan Waiver Guidelines" questionnaire as a guide for the consideration
of said waivers.[2] The applicant requesting a waiver shall submit an application
and the fee for review. If the Engineer determines a waiver is appropriate,
a waiver certification shall be issued, and the balance of the fee
shall be returned to the applicant.
[2]
Editor's Note: The Lot Grading Plan Guidelines
are included at the end of this chapter.
J.
Foundation location plan. The developer of a tract
of land in the Township of Pemberton shall submit a foundation location
plan as follows:
(1)
The State of New Jersey, through the Uniform Construction
Code, requires that a foundation location survey be submitted to the
Township Construction Official as soon as possible after the installation
of the foundation wall. Further, the final verification of such a
prior approval rests with the Construction Official. This plan shall
be prepared by a land surveyor licensed by the State of New Jersey
and show all building corners of the foundation. To confirm that the
top of block elevation conforms to the approved plan, the permittee
shall also submit a foundation location plan to the Engineer for review.
The foundation location plan shall contain the top of block elevation.
(2)
Nothing in this section shall prohibit a permittee from commencing with framing prior to the submission of the foundation location plan to the Engineer but will instead be a matter to be resolved by the contractor prior to the issuance of the certificate of occupancy. However, since the permittee shall demonstrate conformance to the performance standards listed below in Subsection L prior to the issuance of the certificate of occupancy, it is recommended that the foundation location plan be submitted to the Engineer as soon after the installation of the foundation walls as possible.
K.
Final survey. A certificate of occupancy shall not
be issued until the permittee submits an accurate final survey (asbuilt
plan) to the Engineer for approval. The final survey (asbuilt plan)
shall be prepared by a New Jersey licensed professional land surveyor.
The purpose of the final survey (asbuilt plan) is to ensure that the
lot grading is in substantial conformance to the approved plan and
that the lot will adequately drain and have no adverse impact on adjoining
properties. The final survey (asbuilt plan) shall be reviewed by the
Engineer and determined to comply with the above standards.
L.
Performance standards. The following performance standards
will be applicable to lot grading subject to the provisions of this
section:
(1)
All grading shall be done in a manner that will result
in no adverse impact to adjacent properties, including Township roads
and rightsofway. Such adjacent properties with natural swales and/or
wetlands must be evaluated to insure that adequate capacity is available
to accept the runoff from the site being developed and graded. Whenever
possible, the land shall be graded in accordance with the NJDEP Stormwater
Best Management Practices Manual. Methods to be considered by the
design engineer are as follows:
(a)
Protect areas that provide water quality benefits
or areas particularly susceptible to erosion and sediment loss;
(b)
Minimize impervious surfaces and break up or
disconnect the flow of runoff over impervious surfaces;
(c)
Maximize the protection of natural drainage
features and vegetation;
(d)
Minimize the decrease in the preconstruction
"time of concentration";
(e)
Minimize land disturbance, including clearing
and grading;
(f)
Provide low-maintenance landscaping that encourages
retention and planting of native vegetation;
(g)
Provide vegetated openchannel conveyance systems
discharge into and through stable vegetated areas such as rain gardens;
(h)
Provide preventative source controls.
(2)
Other methods may be considered for approval by employing
one or more of the methods above, along with use of a municipally
approved stormwater collection system.
(3)
No more than three lots in a row shall be allowed
to drain through a swale unless protected by an acceptable easement.
The permittee shall confirm to the Engineer that any approved easement
has been properly conveyed and recorded and that it is not subject
or subordinate to any other interest that could extinguish it or otherwise
diminish its effectiveness.
(4)
The minimum slope for swales, lawns and disturbed
areas shall be 2%, 3% for rear yard swales, and for smooth, hard surfaces,
i.e., driveways, 1%.
(5)
Slopes shall not be steeper than three horizontal
to one vertical.
(6)
No grading shall occur within five feet of a property line unless necessary to direct drainage off or onto the property, and then into acceptable drainage facilities. All drainage directed off the property shall conform to the requirements listed in Subsection L(1) above.
(7)
The maximum grade for driveways shall be 10%.
(8)
The top of block elevation shall be a minimum of six
inches above the highest adjacent grade and shall be provided on all
grading plans. The notation of the finished floor alone is not acceptable.
(9)
Grading within 10 feet of the dwelling shall be in
accordance with local building codes.
(10)
Retaining walls over three feet in height must
be designed and then reviewed and approved by the Engineer.
(11)
Topsoil moved during the course of construction
shall be redistributed so as to provide at least five inches of spread
cover to all seeded and planted areas of the development and shall
be stabilized by seeding or planting. Topsoil shall be reasonably
free of stone and contain no stones larger than two inches in any
dimension. In the event that the quantity of topsoil at the site is
insufficient to provide five inches of cover for all seeded and planted
areas, the permittee shall provide and distribute a sufficient quantity
of topsoil to provide such cover. The composition of any borrowed
topsoil shall be in accordance with New Jersey Department of Transportation
(NJDOT) standards and suitable for use in a residential setting.
(12)
Grading necessary to construct an inground swimming
pool shall not interrupt the existing and/or approved drainage patterns.
Finished deck elevations shall be set above the natural grade occurring
on the lot to prevent water from flowing into the swimming pool.
(13)
The permittee may request a waiver of a particular
performance standard upon presentation of a reasonable justification.
The Engineer shall have the authority to review the request and issue
an administrative change, provided it does not violate the intent
of the section.
(14)
The applicant is required to implement best
management practices as published by the New Jersey Department of
Environmental Protection by reducing the quantity of runoff by recharge
and improving water quality as defined under the stormwater management
plan of the Township.
M.
Other requirements. All conditions and requirements
herein shall be consistent with the Pinelands Stormwater Management
Standards as set forth in the Pinelands Comprehensive Management Plan
and any standard adopted thereto, all applicable New Jersey Department
of Environmental Protection standards, all applicable Burlington County
Soil Conservation District standards, and all Township stormwater
control standards as set forth in the Pemberton Township Stormwater
Control Ordinance (both Pinelands and nonPinelands) and any standard
adopted thereto.
N.
Fees. Fees for the Township Engineer's review and/or
inspection, as set forth in this section, shall be as follows:
O.
Checklist. All the requirements for the control of
grading and drainage of residential lots shall be required to adhere
to the following checklist.[3]
[3]
Editor's Note: The Checklist for Lot Grading Plans is included at the end of this chapter.
[Amended 12-3-1975 by Ord. No. 16-1975]
All parking areas and walkways thereto and appurtenant
passageways and driveways serving commercial, public, office, industrial,
apartment or other similar uses having common off-street parking and/or
loading areas shall have appropriate lighting facilities as determined
by the Planning Board, and building complexes requiring area lighting
shall be illuminated adequately 1/2 hour after sunset to 1/2 hour
before sunrise. The lighting plan in and around the parking areas
shall provide for nonglare, 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 of not more than 25 feet or the
height of the building, whichever is less, measured from the ground
level to the center line of the light source, spaced a distance not
to exceed five times the mounting height. Any other lighting, such
as building and sidewalk illumination, driveways with no adjacent
parking and ornamental lighting, 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 a manner as to interfere with or distract driver vision. To
achieve these requirements, the intensity of such light sources, the
light shielding and similar characteristics shall be subject to site
plan approval by the Planning Board.
Except as otherwise provided in this article,
the lawful use of land, buildings or structures existing at the date
of the adoption of this chapter may be continued although such use
does not conform to the regulations specified by this chapter for
the zone in which such land, buildings or structures are located.
However, no building or structure shall be enlarged, extended, constructed,
reconstructed, substituted, relocated, erected, converted to another
use or structurally altered except in conformity with the regulations
of this chapter for the district in which such building or structure
is located. Also, land on which a nonconforming use or structure is
located shall not be reduced in size, nor shall any lot already nonconforming
be made more nonconforming in any manner.
A.
Abandonment or discontinuance. Any nonconforming use
not in operation for a period of 12 consecutive months shall not be
allowed to continue where there has not been a persistent effort to
continue the use during that time period.
B.
Conversion to permitted use. Any nonconforming structure
or use which has been changed to a conforming structure or use shall
not be changed back again into a nonconforming structure or use.
C.
Restoration.
(1)
Any structure or use which has been condemned or destroyed by fire,
explosion, flood, windstorm or other act of God under the following
condition:
[Amended 1-31-1977 by Ord. No. 1-1977; 12-17-2014 by Ord. No. 15-2014]
(a)
A single-family residence may be reconstructed in kind as the
residence existed prior to damage or destruction, so long as reconstruction
is commenced within five years. A use variance shall be required as
provided by state statutes for any building or use that does not conform
to this condition.
(2)
The total value of the structure shall be based on
the current cost of replacing those portions destroyed or required
to be rebuilt to their original status plus the current cost of replacing
the remaining usable elements of the structure. The cost of replacing
the portion that was damaged or requires rebuilding shall be computed
as a percentage of the current value of the structure as outlined
above.
D.
Repairs, maintenance and permitted expansion. Such
repairs and maintenance work as required to keep a structure in sound
condition may be made to a nonconforming structure or a structure
containing a nonconforming use. Moreover, any commercial or industrial
use existing as a conforming use immediately prior to the date of
adoption of this chapter and which has been made a nonconforming use
by the provisions of this chapter may be physically expanded as a
right to a maximum of 125% of the gross size of the facilities devoted
to such use on the said date of adoption.
E.
Sale. Any nonconforming use, structure or lot may
change ownership and continue to function as the same nonconforming
use, structure or lot, provided that the other provisions of this
section are met.
F.
Nonconforming lots.
(1)
Any existing lot on which a building or structure
is located and which lot does not meet the minimum lot size or which
structure violates any yard requirements may have additions to the
principal building and/or construct an accessory building without
an appeal to the Board of Adjustment, provided that the total permitted
building coverage is not exceeded and/or the accessory building and/or
any addition does not violate any other requirements of this chapter,
such as but not limited to height, setback and parking. For lots of
one acre or less, additions or accessory buildings may be constructed
in accordance with the following schedule:
[Amended 8-2-1985 by Ord. No. 18-1985; 3-16-2022 by Ord. No. 8-2022]
Up to 11,000 Square Feet
|
Lot Size 11,001 to 30,000 Square Feet
|
30,001 to 43,560 Square Feet
| ||
---|---|---|---|---|
Principal building Minimum yards:
| ||||
Side yard (feet)
|
10
|
20
|
30
| |
Front yard (feet)
|
25
|
40*
|
50*
| |
Rear yard (feet)
|
40
|
50
|
60
| |
Accessory building Minimum distance to:
| ||||
Side line (feet)
|
5
|
10
|
15
| |
Rear line (feet)
|
5
|
10
|
15
| |
Principal building (feet)
|
10
|
10
|
20
| |
Another accessory building (feet)
|
10
|
10
|
15
| |
Maximum building coverage (percent):
| ||||
Principal building
|
25
|
20
|
10
| |
Accessory building
|
5
|
5
|
2
|
*NOTE: May be reduced to 25 feet for corner
lot.
|
(2)
Any nonresidential vacant lot existing as a conforming
lot at the effective date of adoption or amendment of this chapter
whose area or dimensions do not meet the requirements of the district
in which the lot is located may have a building permit issued for
a use permitted for that zoning district without an appeal to the
Board of Adjustment, provided that the building coverage limit is
not exceeded, parking requirements are met and the yard and height
provisions are reduced by the same percentage that the area of such
lot bears to the zone district requirements, except that no side yard
shall be less than either 10 feet or half that required by this chapter,
whichever is greater, and no building shall be required to have a
height less than 12 feet and one story. Any vacant residential lot,
excepting those in the Pinelands Area, existing as a conforming lot
at the effective date of adoption or amendment of this chapter, may
have a building permit issued without an appeal to the Board of Adjustment,
provided that the yard requirements are reduced by the same percentage
that the lot area bears to the zone district requirements, and except
further that no yard shall be reduced to less than 40% of the zone
requirement, and except that no side yard shall be reduced to less
than 10 feet and no front or rear yard shall be reduced to less than
25 feet.
[Amended 3-3-1978 by Ord. No. 1-1978; 8-6-1982 by Ord. No.
16-1982]
(3)
Any vacant lot of at least one acre within the Pinelands
Area existing at the effective date of adoption or amendment of this
chapter whose area does not meet the requirements of the district
in which the lot is located may have a building permit issued, without
variance approval, for a residential use permitted for that zoning
district, provided that the dwelling unit will be the principal residence
of the property owner or a member of the immediate family of the property
owner; the parcel has been in the continuous ownership since February
7, 1979, of the person whose principal residence the dwelling unit
will be, a member of that person's immediate family or a partnership
or corporation in which members of that person's immediate family
collectively own more than a majority interest in such partnership
or corporation; the parcel was not in common ownership with any contiguous
land on or after February 8, 1979, that contains substantial improvements;
and the parcel includes all vacant contiguous lands in common ownership
on or after, February 8, 1979.
[Added 8-6-1982 by Ord. No. 16-1982;
amended 4-3-1997 by Ord. No. 1-1997]
(4)
(Reserved)[1]
[1]
Editor's Note: Former Subsection F(4), regarding
development on land of 3.2 acres or more, added 8-6-1982 by Ord. No.
16-1982, was deleted 9-16-1993 by Ord. No. 11-1993. Former Subsection
F(5), added 12-15-1994 by Ord. No. 8-1994, regarding construction
of a new dwelling unit within the R-100 District, which immediately
followed this subsection, was deleted 5-4-1995 by Ord. No. 10-1995,
which ordinance also renumbered former Subsections F(6) and (7) as
F(5) and (6), respectively.
(5)
Pinelands waivers of strict compliance. Where the Pinelands Commission has granted authorization for construction on a lot by granting a waiver of strict compliance, the applicant for development of a new dwelling unit on any such lot shall be permitted to erect such dwelling unit without an appeal to the Zoning Board of Adjustment, provided that all building setbacks conform to the minimum requirements of § 190-37F(1) for lots less than one acre and conform to the minimum setback requirements of § 190-37F(2) for lots larger than one acre.
[Added 12-15-1994 by Ord. No. 8-1994]
(6)
Temporary trailer installations after fire or other
catastrophic damage. Whenever a permanent dwelling unit sustains fire
damage, or damage from other Acts of God, or is in some other way
damaged such that the residents cannot occupy the premises, the Construction
Official is authorized to grant approval for installation of a mobile
home for temporary occupancy while such dwelling unit is being repaired.
Such authorization shall be granted for a period of nine months and
shall be conditioned upon adequate connection of such mobile home
to functioning water supply and sewage disposal systems on the lot.
The same shall first be approved by the Health Officer or the Burlington
County Health Department.
[Added 12-15-1994 by Ord. No. 8-1994; amended 9-19-2002 by Ord. No. 19-2002]
A.
Driveways. All detached dwelling units shall have
a driveway connecting the dwelling (or its related garage or carport)
with the adjacent street. Such driveway shall either be paved in accordance
with Township requirements or consist of at least eight inches of
quarry blend or crushed stone, not less than three-fourths blend,
and shall be at least 12 feet wide. Where unpaved driveways intersect
the adjoining street, paved aprons may be required at the discretion
of the Township Engineer. All driveways in newly constructed major
subdivisions where full roadway, curbing and drainage improvements
are required shall be paved to Township specifications. No driveway
shall be located closer than five feet to any lot line unless such
driveway crosses the lot line in order to provide access to an adjoining
lot or lots. This provision shall not be construed to preclude common
curb cuts. The driveways to the adjacent lots may continue a reasonable
distance into the adjoining lots beyond the common curb cut, without
regard to the five-foot prohibition set forth above.
[Amended 3-3-1978 by Ord. No. 1-1978; 5-30-1979 by Ord. No.
8-1979; 12-15-1994 by Ord. No. 8-1994; 2-16-1995 by Ord. No.
1-1995]
B.
Landscaping.
(1)
Except for detached dwelling units, a screen planting
of a dense evergreen material not less than four feet in height shall
be provided between all off-street parking areas and any lot line
or street line except where a building intervenes or where the distance
between such area and the lot line or street line is greater than
150 feet.
(2)
All loading areas shall be landscaped and screened
sufficiently to obscure the view of the parked vehicles and loading
platforms from any public street, adjacent residential districts or
uses and the front yards of adjacent commercial and industrial uses.
Such screening shall be by a fence, wall, planting or combination
of the three and shall not be less than four feet nor more than six
feet in height.
(3)
Each off-street parking area shall have a minimum
of one parking space for every 30 parking spaces landscaped, with
1/2 said spaces having shrubs no higher than three feet and the other
half having trees with branches no lower than seven feet. Such spaces
shall be distributed throughout the parking area in order to break
the view of long rows of parked cars in a manner not impairing visibility.
C.
Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and streets and be in accordance with § 190-36. All parking facilities providing five or more parking spaces shall be lighted.
D.
Surfacing and curbing.
(1)
Generally.
(a)
All parking and loading areas and access drives
shall be paved as outlined below, or the equivalent, as determined
by the Township Engineer, and approved as part of the site plan approval.
All parking areas, regardless of size and location, shall be suitably
drained and maintained.
[Amended 5-30-1979 by Ord. No. 8-1979]
(b)
Areas of ingress or egress, loading and unloading
areas, major interior driveways or access aisles and other areas likely
to experience similar heavy traffic shall be paved with not less than
four inches of compacted base course of plant-mixed bituminous stabilized
base course, constructed in layers of not more than two inches' compacted
thickness and prepared and constructed in accordance with Division
3, Section 2A, of the New Jersey State Highway Department Standard
Specifications for Road and Bridge Construction (1961), and amendments
thereto. A minimum two-inch-thick compacted wearing surface of bituminous
concrete (FABC) shall be constructed thereon in accordance with Division
3, Section 10, of the aforesaid New Jersey State Highway Department
Specifications, and amendments thereto.
(c)
Parking stall areas and other areas likely to
experience similar light traffic shall be paved with not less than
three inches of compacted base course of plant-mixed bituminous stabilized
base course, prepared and constructed in accordance with Division
3, Section 2A, of the New Jersey State Highway Department Standard
Specifications for Road and Bridge Construction (1961), and amendments
thereto. A one-and-one-half-inch compacted wearing surface of bituminous
concrete (FABC) shall be constructed thereon in accordance with Division
3, Section 10, of the aforesaid New Jersey State Highway Department
Specifications, and amendments thereto.
(d)
Where subbase conditions of proposed parking
and loading areas are wet, springy or of such a nature that surfacing
would be inadvisable without first treating the subbase, the treatment
of the subbase shall be made in the following manner: The areas shall
be excavated to a depth of six to 12 inches below the proposed finished
grade and filled with suitable subbase material as determined by the
Township Engineer. Where required by the Township Engineer, a system
of porous concrete pipe subsurface drains shall be constructed beneath
the surface of the parking area and connected to a suitable drain.
After the subbase material has been properly placed and compacted,
the parking area surfacing material as described heretofore shall
be spread thereon.
(2)
All off-street parking and loading areas shall be
provided with curbing or wheelstops as recommended and approved by
the Planning Board Engineer so that vehicles cannot be driven onto
required perimeter landscaped areas, buffer zones and street rights-of-way
and so that each parking and loading area has controlled entrances
and exits of drainage control. Curbing or wheel stops shall be located
to prevent any part of a vehicle from overhanging internal sidewalks
or landscaped areas. Parking and loading spaces shall not be an extension
of any street right-of-way.
[Amended 12-3-1975 by Ord. No. 16-1975]
(3)
All off-street parking lots shall have adequate designations
to indicate traffic flow and parking spaces.
E.
Access. Access points from any one lot crossing the
street line shall be limited to a maximum of two along the frontage
of any single street. The center lines of any separate access points
shall be spaced at least 65 feet apart; shall handle no more than
two lanes of traffic; shall be at least 20 feet from any property
line; and shall be set back from the street line of any intersecting
street at least 50 feet or 1/2 the lot frontage, whichever is greater,
except that in no case need the setback distance exceed 200 feet.
Continuous open driveways in excess of 16 feet at the street line
shall be prohibited, except that for nonresidential uses, driveways
of more than 16 feet may be permitted with the approval of the Planning
Board, giving due consideration to the proposed width, curbing, direction
of traffic flow, radii of curves and method of dividing traffic lanes.
Curbing shall be depressed at the driveway or the curbing may be rounded
at the corners and the driveway connected with the street in the same
manner as another street.
F.
Location of parking and loading. Required off-street
parking and loading spaces shall be located on the same lot or premises
as the use served regardless of the number of spaces required by this
chapter. No parking of vehicles shall be permitted in fire lanes,
streets, driveways, aisles, sidewalks or turning areas.
G.
Type of facility.
(1)
Parking spaces may be on, above or below the surface
of the ground. When parking spaces are provided within a garage or
other structure, said structure shall adhere to the proper accessory
or principal building setback as applicable.
(2)
The provision of parking spaces shall also include
adequate driveway and necessary turning areas for handling the vehicles
for which provision is made. Parking areas shall be designed to permit
each motor vehicle to proceed to and from the parking space provided
for it without requiring the moving of any motor vehicle. Aisles providing
access to parking spaces shall have the following minimum dimensions.
Where the angle of parking is different on both sides of the aisle,
the larger aisle width shall prevail.
For Parking Spaces 10 Feet Wide
| ||
---|---|---|
Angle of Parking Space
|
One-Way Aisle
(feet)
|
Two-Way Aisle
(feet)
|
90°
|
22
|
25
|
60°
|
18
|
20
|
45°
|
15
|
20
|
30°
|
12
|
18
|
Parallel
|
12
|
18
|
H.
Fire lanes. Fire lanes shall be designated as set
forth hereafter on all plans and specifications for the construction
or remodeling of any public or quasi-public structure where deemed
necessary by the Township Engineer. The owner of any property on which
there is presently located a public or quasi-public structure which
has no fire lanes or on which the fire lanes presently existing are
deemed inadequate by the Township Engineer shall be required, upon
reasonable notice, to provide, locate and designate appropriate fire
lanes in accordance with the provisions of this chapter.
[Added 3-15-2001 by Ord. No. 2-2001]
(1)
Design. Each fire lane shall be constructed to a minimum
width of 18 feet and shall be constructed of either asphalt paving,
concrete, concrete paving blocks or gravel. The fire lane shall be
designed to support a weight of approximately 40 tons. Where the fire
lane is required to access a roadway, a depressed curb must be provided.
Construction of the fire lane can be combined with a pedestrian path
if appropriately located and constructed. All fire lanes shall be
visually designated either by their form or by the materials used
in their construction. The design of the fire lanes shall be subject
to review by the Township Engineer.
(2)
Location. Fire lanes shall be located so as to serve
the entire building from the building site; so as to provide the most
direct means of access for all emergency vehicles; to be sufficiently
close to the building to provide the means to provide protection for
the structure while being far enough removed so as to provide safety
for the emergency vehicle using the fire lane in the event of collapse
of the building. However, the ultimate authority with respect to the
determination for the location of the fire lanes shall lie with the
Township Engineer. The Township Engineer shall make the aforesaid
determination, and may request review and recommendation of the Township
Planner.
(3)
Signs. Fire lanes shall be appropriately posted with
signs indicating the words NO PARKING-FIRE ZONE or NO PARKING-FIRE
LANE in red letters on a white background, with a red line bordering
the perimeter of the sign, said sign to be 12 inches by 18 inches,
made of metal with rust-resistant reflectorized coating posted at
the ends of each fire lane and at one-hundred-foot intervals therein.
Fire areas shall also be designated by covering the face and top of
the curb of the prohibited area with a solid yellow color of paint.
The above criterion for the painting of fire areas is to be considered
a minimum, and additional painting may be placed on the site consisting
of crosshatches, solid yellow areas or such other designations, in
addition to the curb painting, as may serve to act as a deterrent
to parking in fire zones.
(4)
Construction and maintenance. The owner of the site
upon which a fire lane is located shall be responsible for constructing,
designating and marking fire lanes as required by this subsection.
All maintenance and repair of the signs and pavement markings, if
any, shall remain the responsibility of the owner and any successor.
The maintenance and repair shall be continuing condition of any approval
conferred with respect to the construction, remodeling or occupancy
of the building or structure on the premises. Any failure to maintain
or repair said signs or pavement markings shall be basis for voiding
the prior approval. Approvals, which shall be conditional under this
subsection, shall include, but not limited to, final site plan approval
and certificates of occupancy. No such approval shall be held to be
void unless a hearing by the issuing officer or agency has been held
on due notice to the owner of the premises.
An application for a permit shall provide documentation
that the intended use will comply with the performance standards enumerated
below. In the case of a structure being built where the future use
is not known, a building permit may be issued with the condition that
no certificate of occupancy will be issued until such time as this
documentation is submitted with respect to the particular occupant.
A new application and a new certificate of occupancy shall be required
in the event of a change of any user of any structure. In the event
any use fails to meet the performance standards after the certificate
of occupancy is issued, the Zoning Officer may, after proper notice,
revoke the certificate and the use shall terminate.
A.
Buffers. Buffer areas are required along lot and street lines of all nonresidential lots where said property lines or the center line of adjacent streets abut residential uses or residential zoning district lines. Each permitted use shall provide and maintain attractively landscaped grounds and suitable screening in order to safeguard the character of adjacent districts. The width of the buffer area for each particular zoning district shall be as prescribed in Article IV. Buffer areas shall be measured horizontally and be either perpendicular to straight lot and street lines or radial to curved lot and street lines. Buffer areas shall be maintained and kept clear of all debris, rubbish, weeds and tall grass. No structure, activity, storage of materials or parking of vehicles shall be permitted in the buffer area, and all buffer areas shall be planted and maintained with grass or ground cover, together with a dense screen of trees, shrubs or other plant materials meeting the following requirements:
(1)
Plant materials used in screen planting shall be at least six feet in height when planted and be of such density that all the glare of automobile headlights emitted from the premises is obscured throughout the full course of the year. The plant materials shall be of a species common to the area, be of nursery stock, be free of insect and disease and shall otherwise conform to the landscaping provisions of § 190-50C, which are applicable within the Pinelands Area.
[Amended 8-6-1982 by Ord. No. 16-1982]
(2)
Buffer areas shall be permanently maintained and plant
material which does not live shall be replaced within one year or
one growing season.
(3)
The screen planting shall be so placed that at maturity
the plant material will be no closer than three feet from any street
or property line.
(4)
The buffer area shall not be broken unless specifically
approved by the Planning Board.
B.
Electricity. Electric or electronic equipment shall
be shielded so there is no interference with any radio or television
reception at the lot line or beyond the operator's dwelling unit in
the case of multifamily dwellings as the result of the operation of
such equipment.
C.
Glare. No use shall produce a strong, dazzling light
or a reflection of a strong, dazzling light or glare beyond its lot
lines. Exterior lighting shall be shielded, buffered and directed
so that glare, direct light or reflection will not become a nuisance
to adjoining properties, adjoining dwelling units, adjoining districts
or streets.
D.
Heat. No use shall produce heat perceptible beyond
its lot lines. Further, no use shall be permitted which would cause
the temperature to rise or fall in any part of ponds, streams or other
watercourses.
E.
Noise.
(1)
The sound level of any operation (other than the operation
of motor vehicles or other transportation facilities on public highways,
operations involved in the construction or demolition of structures,
emergency alarm signals or time signals) shall not exceed the decibel
levels in the designated octave bands stated below. The sound-pressure
level shall be measured with a sound-level meter meeting the specifications
of S1.4-1971 and an octave band filter set meeting the specifications
of S1.11-1971, both specifications of the American National Standards
Institute, New York, New York. If the noise will be incapable of being
measured with the sound-level meter and octave band analyzer, then
the noise shall be measured by substituting an impact noise analyzer
(General Radio Company, Type 1556-A-1955) for the octave band analyzer
to determine the peak value of the impact.
(2)
In cases where there is serious question whether a
noise will be of nuisance and if the noise is incapable of being measured
with an impact analyzer, then the noise-producing activity shall not
be permitted. If the noise source is already in existence, the noise
shall be controlled to eliminate the nuisance.
(3)
Between the hours of 10:00 p.m. and 7:00 a.m. the
maximum permissible sound-pressure levels for smooth and continuous
noise shall be as follows (all of the decibel levels stated below
shall apply in each case):
Octave Frequency Band
(cycles per second)
|
Maximum Permitted Sound-Pressure Level
at the Property Line or Along Any Public Right-of-Way Within the Property
(decibels)*
|
---|---|
Over 0 to 75
|
69
|
Over 75 to 150
|
54
|
Over 150 to 300
|
47
|
Over 300 to 600
|
41
|
Over 600 to 1,200
|
37
|
Over 1,200 to 2,400
|
34
|
Over 2,400 to 4,800
|
31
|
Over 4,800
|
28
|
*NOTE: 0.0002 dynes/square centimeter.
|
(4)
If the noise is not smooth and continuous or it is
not radiated at nighttime, one or more of the corrections below shall
be added or subtracted from each of the decibel levels given above:
Type of Operation or Character of Noise
|
Correction in Decibels
|
---|---|
Daytime operation only (7:00 a.m. to 10:00 p.m.)
|
+ 5
|
Noise occurs less than 20% in any one-hour period
|
+ 5*
|
Noise occurs less than 5% in any one-hour period
|
+10*
|
Noise occurs less than 1% in any one-hour period
|
+15*
|
Noise is of peculiar character (hum, scream,
etc.) or is of impulsive char- acter (hammering, pressure release,
etc.) (In the case of impulsive noise, the correction shall apply
only to the average pressure during an impulse, and impulse peaks
shall not exceed the basic standards given above)
|
- 5
|
* NOTE: Apply only one of these corrections.
|
F.
Odor. Odors shall not be discernible at the lot line
or beyond.
G.
Storage and waste disposal. No materials or wastes
shall be deposited upon a lot in such form or manner that they may
be transferred off the lot by natural causes or forces, nor shall
any substance which can contaminate a stream, watercourse or underground
aquifer or otherwise render such stream, watercourse or underground
aquifer undesirable as a source of water supply or recreation, or
which will destroy aquatic life, be allowed to enter any stream, watercourse
or underground aquifer. All materials or wastes which might cause
fumes or dust or which constitute a fire or explosion hazard or which
may be edible or otherwise attractive to rodents or insects shall
be stored indoors and enclosed in appropriate containers adequate
to eliminate such hazards. No hazardous or toxic substances, including
hazardous wastes, shall be stored, transferred, processed, discharged,
disposed or otherwise used in the Pinelands Area. The land application
of waste or waste-derived materials is prohibited in the Pinelands
Area, except as expressly authorized in N.J.A.C. 7:50-6.79.
[Amended 8-6-1982 by Ord. No. 16-1982; 4-6-1989 by Ord. No.
11-1989; 4-3-1997 by Ord. No. 1-1997]
H.
Vibrations. No use shall cause earth vibrations or
concussions in excess of the standards outlined below, with the exception
of that vibration produced as a result of construction or demolition
activity. The standards below are as set forth in the Table of Frequency
Amplitude Relations. Vibrations shall be expressed as displacement
in inches and shall be measured with a standard three-component measuring
system, which is a device for recording the intensity of any vibration
in three mutually perpendicular directions.
Frequency of Ground Motion
(cycles per second)
|
Maximum Amplitude of Ground Motion Not
More Than
(inches)
|
---|---|
Up to 10
|
.0305
|
Over 10 to 20
|
.0153
|
Over 20 to 30
|
.0102
|
Over 30 to 40
|
.0076
|
Over 40 to 50
|
.0061
|
Over 50 to 60
|
.0051
|
[Amended 11-7-1986 by Ord. No. 26-1986]
Unless otherwise specified for a particular zoning district in Article IV, no more than one principal dwelling or building shall be permitted on one lot, except for shopping centers, apartments and townhouse developments receiving site plan approval in accordance with the applicable zoning provisions and farms which may consist of more than one principal dwelling and permitted accessory farm uses. Where more than one principal dwelling is to be developed on a farm, such structure shall be so located that a conforming lot can be created, and the deed for such parcel shall be restricted against future residential development of the minimum acreage required per dwelling unit prior to the issuance of the construction permit for any such dwelling.
[Amended 8-6-1982 by Ord. No. 16-1982]
No sign of any type shall be permitted to obstruct
driving vision, traffic signals, traffic directional and identification
signs, other places of business, other signs or windows of the building
on which they are located.
A.
Animated flashing and illusionary signs. Signs using
mechanical or electrical devices to revolve, flash or display movement
or the illusion of movement are prohibited.
B.
Height. No freestanding sign shall exceed the maximum height permitted in the district and no attached sign shall be higher at any point than the roof line of the building, except that no sign shall exceed any lesser height if particularly specified in Article IV. In addition, no attached sign shall project into or hang over a street right-of-way and no sign shall project beyond a building in a manner placing it above an area traversed by motor vehicles, such as but not limited to driveways and parking areas. Where signs project beyond a building facade or wall over a pedestrianway, the lowest portion of the sign shall be at least eight feet above the walkway.
C.
Illuminated signs, where permitted, shall be so arranged
as to reflect the light and glare away from adjoining premises and
away from adjoining highways. No sign with red, green or blue illumination
in a beam, beacon or flashing form resembling an emergency light shall
be erected in any location where it may be confused with a railroad,
traffic control or emergency signal. Illuminated signs shall comply
with the National Electrical Code. All exterior lighted signs shall
be lighted from the bottom, with said lights shielded from residences
and from streets or other rights-of-way carrying vehicular traffic.
D.
Maintenance. Signs must be constructed of durable
materials, maintained in good condition and not allowed to become
dilapidated.
E.
Portable signs. No sign shall be exhibited which is
portable, i.e., fixed on a movable stand; self-supporting without
being firmly embedded in the ground; supported by other objects; mounted
on wheels or movable vehicles; or made easily movable in some other
manner.
F.
Real estate signs temporarily advertising the sale,
rental or lease of the premises or portion thereof shall be, if not
attached to the building, set back at least 10 horizontal feet from
all street lines. Such signs shall not exceed nine square feet on
each of two sides and shall be removed at the expense of the advertiser
within 15 days after the termination or completion of the matter or
business being advertised. "Sold" signs shall be permitted between
the signing of the contract of sale and date of legal settlement.
All such signs do not need a building permit.
G.
Sign area shall be measured around the outside edges
of a framed or enclosed sign or by the area utilized by isolated words
and/or symbols, including the background whether open or enclosed,
but said area shall not include any supporting framework and bracing
incidental to the display itself.
H.
Signs and sign structures of all types shall be located
to allow a clear, unobstructed line of sight for 300 feet from the
stop line of any intersection of streets and/or driveways.
I.
Signs with two exposures shall be measured for area
by using the surface area of one side of the sign only.
[Added 12-3-1975 by Ord. No. 16-1975; amended 9-16-1993 by Ord. No. 15-1993; 1-16-1997 by Ord. No. 36-1996]
All utilities shall be installed underground
in all cases where underground installation is required by applicable
New Jersey Board of Utility Regulations or by the National Electric
Safety Code or other applicable national or state uniform code.
[Added 12-3-1975 by Ord. No. 16-1975; amended 12-15-1994 by Ord. No. 8-1994]
Sidewalks shall be required as a condition of
approval of any major subdivision or site plan approval and shall
be located along the frontage of any existing and/or proposed streets
unless the Planning Board or Zoning Board requires such installation
in alternative and/or supplemental locations.
[Added 6-4-1975 by Ord. No. 7-1975]
A.
Zones other than commercial. Signs shall be permitted
in each of the noncommercial zoning districts identified and described
in this chapter specifically as set forth in the regulations governing
such zones and subject to general regulations herein contained.
B.
Commercial zones. In the General Commercial/Light
Industrial District, signs shall be permitted as follows:
[Amended 8-17-1984 by Ord. No. 14-1984]
(1)
Attached signs.
(a)
Principal sign: one sign, lighted or unlighted,
affixed flush against or painted upon the front of the building or
portion thereof actually occupied by the commercial use, the maximum
area of which shall be two square feet per front foot of building
actually occupied or 150 square feet, whichever is smaller.
(b)
Additional signs. In the case of a corner property,
additional lighted or unlighted signs may be affixed flush against
or painted upon each additional wall which faces a public street and
contains a public entrance, provided that the total area of such additional
signs shall not exceed 150 square feet.
(2)
Freestanding signs. Freestanding signs shall be permitted
in commercial zones as follows:
(a)
No more than one sign shall be permitted for
any one use.
(b)
The maximum height of any such sign shall be
24 feet.
(c)
Any such sign shall be set back from the public
right-of-way line at least 10 feet.
(d)
Any such sign shall be set back from the side
yard line at least 10 feet.
(e)
The maximum area of the sign shall be the lesser
of one square foot per running foot of the street frontage the building
faces or portion of the building actually occupied or 100 square feet,
whichever is smaller.
[Amended 10-19-2000 by Ord. No. 17-2000]
(f)
Directional signs containing no advertising
matter and not exceeding four square feet in size shall not be deemed
freestanding signs for the purpose of this section.
[Amended 10-19-2000 by Ord. No. 17-2000]
(3)
Shopping center signs.
(a)
For purposes of this subsection, "shopping center"
shall be defined as any number of retail commercial uses so interrelated
by physical connection, central orientation, interrelated services,
facilities and amenities as to constitute a single conceptual unit
and shall include any grouping of such uses developed under a single
site plan.
(b)
General. A shopping center may have only one
freestanding, lighted, nonmoving sign along each arterial or collector
road which the tract in question abuts, provided there exists at least
200 feet of unbroken frontage. Such sign shall be subject to the following
regulations.
[1]
No sign shall exceed a height of 20 feet.
[Amended 10-19-2000 by Ord. No. 17-2000]
[2]
Each such sign shall be set back from driveways
and roadways at least 25 feet.
[3]
Each such sign shall be set back from any property
line a minimum of 75 feet.
[4]
No such sign shall exceed 100 square feet in
size.
[Amended 10-19-2000 by Ord. No. 17-2000]
(c)
Common walkways. Where units in a shopping center
share a common walkway, each such unit served by the walkway may have
one additional sign identifying the use, which sign shall be suspended
in a perpendicular fashion from the roof over the walkway. Such suspended
sign shall be no closer to the finished grade level below it than
10 feet at its lowest point. No such sign shall exceed eight square
feet in total area.
(d)
Homogeneity. All signs in a shopping center
shall conform in character to all other signs in the complex and shall
blend with the overall architectural scheme of the shopping center.
C.
General safety regulations. For the safety and protection
of the general public, the following regulations shall apply to all
signs in the Township:
(1)
No sign shall be erected in such manner as to confuse
or obstruct the view or interpretation of any traffic sign, signal
or device.
(2)
No sign shall be erected or maintained at such location
or in such manner as to obstruct free vision at any intersection.
(3)
Where signs are permitted to be illuminated, illumination
may be internal or external, but may not be of the flashing variety
or animated in any way. Signs depicting time and temperature changes
in a decorous fashion shall be permitted.
(4)
No freestanding sign shall exceed 24 feet in height
and no attached sign shall be higher at any point than the roof line
of the building to which it is affixed, except that on a flat roof
a sign no higher than four feet shall be permitted. Furthermore, no
attached sign shall project into or hang over a street right-of-way
nor project beyond a building in a manner as to place it above an
area utilized by motor vehicles, such as but not limited to driveways
and parking area. Where a sign projects from a building facade or
wall over a pedestrianway, the lowest portion of the sign shall be
at least 10 feet above the walkway.
(5)
In special situations, upon a showing of extreme practical
difficulty, extraordinary circumstances and/or undue hardship, the
Planning Board is authorized to permit signs of a height not exceeding
35 feet.
(6)
Lighted signs, where permitted, shall be so arranged
as to reflect the light and glare away from adjoining premises and
away from abutting highways. Lighted signs shall comply with the National
Electrical Code and bear the Underwriters' Laboratories seal. All
externally lighted signs shall be lighted from the bottom or the top,
with the lights appropriately shielded.
D.
Permits.
(1)
Permit required. No sign shall hereafter be erected,
reerected, constructed, altered or maintained except as provided in
this chapter and after a permit for the same has been issued by the
appropriate authority.
(2)
Application procedure. Plans and detailed information
shall be submitted with each application for a sign permit, setting
forth the dimensions of the sign, the materials incorporated into
its construction, the methods and materials used to support the sign,
the type of illumination, if any, and its exact location on the building
or premises. A sketch of the proposed sign, drawn to a scale of not
less than 1/2 inch to one foot, shall be provided.
(3)
Compliance with codes and ordinances. Structural features
of signs shall be as may be specified from time to time in the Building
Code,[1] but this chapter takes precedence with respect to area,
location, illumination and other characteristics.
(4)
Consent required. The application for a permit shall
be accompanied by the written consent of the owner or lessor of the
property.
(5)
Fees. A fee of $10 shall be paid before a permit for
the erection of each sign requiring a permit is issued by the appropriate
authority.
(6)
Exempt signs. No permit shall be required for signs
as follows:
(a)
Any permitted sign in a residential area.
(b)
Temporary signs pertaining to the sale or lease
of a lot or building or the construction of a building on the property
on which such sign is placed.
(c)
Federal, state, county and municipal signs and
historical markers.
(d)
Signs identifying a church, public building,
playground or other such permitted use, situated on the property to
which such sign relates.
(e)
Temporary signs advertising sales, premiums,
special events or other temporary activities. These may be mounted
on the window, door, roof, storefront or on existing freestanding
sign or its supports, provided that the total area of such signs at
any time does not exceed 25% of the building front or 75% of the freestanding
sign if mounted thereon. Only one freestanding sign per business may
be used for this purpose. All temporary signs shall be removed within
14 days after the special event or temporary activity has taken place.
Temporary signs may not be used more than 60 days in one year. Pennants,
banners or any other generally recognized marketing tool shall be
considered temporary signs. Prior to establishing such a temporary
sign, notice shall be given to the Zoning Officer on forms prescribed
by the Township. Like notice shall be given upon removal of such signs.
[Amended 5-2-2002 by Ord. No. 10-2002]
(f)
Directional signs containing no advertising
matter and not exceeding eight square feet in size shall not be deemed
freestanding signs for the purpose of this section.
(7)
Political and social advertising signs. Temporary
political and advertising signs and temporary signs advertising civil,
social or political gatherings or activities are permitted in any
zone, provided that the candidate(s) named on any political advertising
sign or the organization sponsoring any gathering or activity shall
be held responsible for securing, from the Code Enforcement Officer,
permits for the temporary posting of all such signs and shall ensure
that all signs are removed within 60 days of the issuance of said
permit(s). Said sign shall not exceed 32 square feet in size.
[Added 8-6-1982 by Ord. No. 16-1982;
amended 4-17-1997 by Ord. No. 7-1997]
E.
Maintenance.
(1)
The enforcing authority shall require the proper maintenance
of all signs and shall inspect every sign for which a permit has been
issued within 30 days after it is erected. All signs, together with
all of their supports, shall be kept in repair and in proper state
of preservation. The display surfaces of all signs shall be kept neatly
painted or posted at all times. The enforcing authority may order
removal of any sign that is not maintained in accordance with the
provisions of this chapter. No fee shall be charged for a permit to
repair an existing sign.
(2)
Within the Pinelands Area, signs shall be of a character
and composition to be harmonious with the scenic value of the Pinelands
to the maximum extent practicable. Within the Preservation and Special
Agricultural Production Districts the following signs shall be permitted:
[Added 8-6-1982 by Ord. No. 16-1982]
(a)
Official public safety and information signs
displaying road names, numbers and safety directions.
(d)
Trespassing signs or signs indicating the private
nature of a road, driveway or premises, and signs prohibiting or otherwise
controlling fishing or hunting, provided that the size of such signs
does not exceed 12 square feet.
(f)
On-site business or advertising signs, provided
that:
(g)
Temporary signs advertising political parties
or candidates for election, or temporary on- and off-site signs advertising
civil, social or political gatherings and activities, provided that
the size of such signs does not exceed 32 square feet. No such signs
shall be displayed for a period exceeding 60 days.
[Amended 4-17-1997 by Ord. No. 7-1997]
F.
Nonconforming signs.
(1)
General. Except within the Pinelands area, nothing
herein contained shall be deemed to require the removal of discontinuance
of a legally existing sign display that is not altered, rebuilt, enlarged,
extended or relocated; but all such signs shall be subject to inspection
and maintenance. The terms "alter," "rebuild," "enlarge," "extend"
and "relocate" shall not be deemed to include the making of ordinary
repairs and maintenance or the repair of damage caused by accident
or act of God. Failure to keep painted or in good repair for a period
of one year, however, shall constitute presumptive abandonment, and
the sign or appurtenance may not thereafter be replaced or reused
absent compliance with this chapter.
[Amended 4-6-1989 by Ord. No. 11-1989]
(2)
Replacement or relocation of nonconforming signs in
residential zones. Any replacement, alteration or relocation of a
sign relating to a nonconforming use in a residential zone shall conform
to the restrictions governing such sign as though it were in a commercial
zone, except that the permitted sign area shall be 1/2 that which
would be permitted if the use were located in such zone.
(3)
Billboards in the Pinelands Area.
[Added 4-6-1989 by Ord. No. 11-1989;
amended 4-3-1997 by Ord. No. 1-1997]
(a)
Existing lawful billboards, in existence as
of January 14, 1981, shall be permitted in the Pinelands Area, provided
that they are not located in the P, R-17, R-100, AR, AP, SAP and R-6
Districts, or in that portion of the R-3 District located in the Pinelands
Rural Development Area or in that portion of GCLI District located
in the Pinelands Agricultural Production Area.
(b)
No new billboards shall be erected, nor shall any existing billboard that does not conform to § 190-44F(3)(a) above continue beyond December 5, 1996.
G.
Real estate signs.
(1)
Signs advertising the sale, rental or lease of a premise
or portion thereof upon which they appear shall have a setback of
at least 10 feet from all street lines. Such signs shall not require
a permit but shall be subject to the following regulations:
(2)
Shelters, benches. No permit shall be required for
signs appearing on bona fide and approved public service school bus
shelters and public benches, provided the actual message area shall
not exceed 32 square feet.
H.
Miscellaneous regulations.
(1)
Termination of business. At the termination of any
commercial or industrial enterprise, all sign faces and advertising
material appearing on signs pertaining thereto shall be removed from
public view within 30 days. The responsibility for the removal of
said signs shall be that of the property owners as it appears on the
most recent tax list of the Township.
(2)
A grower of produce may have one freestanding or other
sign for each 300 feet of frontage or fraction thereof, advertising
the retail sale of such produce, provided the sign is located on land
actually devoted to growing, and provided further that the same shall
not exceed 32 square feet in area, but in no event shall more than
three signs be permitted per farm stand. Signs with two sides not
parallel to one another shall be considered one sign for purposes
of this section. Such signs may be maintained under the circumstances
outlined in this subsection irrespective of the zoning district in
which the agricultural use is located.
[Amended 5-30-1979 by Ord. No. 8-1979]
I.
Farm stand signs in any zone.
[Added 10-19-2000 by Ord. No. 17-2000]
[Amended 1-31-1977 by Ord. No. 1-1977]
A.
Purpose. Site plan review provides the Planning Board
(or Zoning Board, in certain cases) with the opportunity to review
development proposals before the issuance of a construction permit.
The review process ensures that all elements in the proposed development
will meet the requirements of this chapter and that the end product
will not adversely affect surrounding properties or cause problems
on the site.
B.
Jurisdiction of responsibility during site plan review.
The Planning and Zoning Boards have certain overlapping powers designed
to expedite the review process. Their respective responsibilities
are outlined below:
(1)
Powers of the Planning Board.
(a)
The Planning Board shall have the power to grant
subdivision or conditional use approval simultaneously with site plan
approval.
(b)
The Planning Board shall have the power to act in lieu of the Board of Adjustment and subject to the same extent and restrictions as the Board of Adjustment on the following matters. Whenever relief is requested pursuant to this section, public notice shall be given which shall include reference to the request for a variance or direction for issuance of a permit, as the case may be. (See § 190-59E for public notice requirements.)
[1]
Grant variances, pursuant to N.J.S.A. 40:55D-60c,
from lot area, lot dimensional, setback and yard requirements, provided
that relief pursuant to this subsection from lot area requirements
shall not be granted for more than one lot.
[2]
Direct, pursuant to N.J.S.A. 40:55D-34, the
issuance of a permit for a building or structure in the bed of a mapped
street or public drainageway, flood control basin or public area reserved
pursuant to N.J.S.A. 40:55D-32.
[3]
Direct, pursuant to N.J.S.A. 40:55D-36, the
issuance of a permit for a building or structure not related to a
street.
(2)
Board of Adjustment action in lieu of Planning Board.
C.
Application of requirements.
[Amended 5-2-1980 by Ord. No. 12-1980]
(1)
No construction permit shall be issued for any parking
lot for four or more vehicles, new structure or addition to an existing
parking lot or structure until a site plan or minor site plan has
been reviewed and approved by the Planning Board or Zoning Board,
except that a construction permit for single-family or two-family
units and their accessory structures on their own lots shall not require
a site plan. Additionally, permitted farm accessory structures in
agricultural zones or on land subject to farm land tax assessment
shall not require site plan review.
[Amended 11-7-1986 by Ord. No. 26-1986]
(2)
No certificate of occupancy shall be issued to permit
the use of any existing structure occupied by a new use and no construction
permit shall be issued to permit any addition to an existing conforming
nonresidential structure which accounts for up to 25% additional floor
area until a minor site plan has been reviewed by the Planning Board.
Additions to nonresidential structures accounting for over 25% additional
floor area shall require conventional site plan review.
(3)
Applications for minor site plan approval shall comply with the site plan details required for preliminary approval in Subsection D(4). Upon a Planning Board finding that the application conforms to the definition of a minor site plan established in this chapter, the Planning Board (or Site Plan Subcommittee) shall waive notice and public hearing and approve said plan. Any such approval may be conditioned upon the posting of such guaranties as may be required to ensure the provision of any improvements required by ordinance.
(a)
Minor site plan approval shall be granted or
denied within 45 days of the date of submission of a complete application
to the administrative officer or within such further time as may be
consented to by the applicant. Failure of the Planning Board to act
within the period prescribed shall constitute minor site plan approval.
(b)
Whenever review or approval of the application
by the County Planning Board is required by Section 8 of P.L. 1968,
c. 285 (N.J.S.A. 40:27-6.6), the Municipal Planning Board shall condition
any approval that it grants upon timely receipt of a favorable report
on the application by the County Planning Board or approval by the
County Planning Board by its failure to report thereon within the
required time period.
(c)
The zoning requirements and general terms and
conditions, whether conditional or otherwise, upon which minor site
plan approval was granted, shall not be changed for a period of two
years after the date of minor site plan approval.
D.
Submission of preliminary site plan.
(1)
Application procedure for preliminary site plan approval.
(a)
The developer shall submit 11 sets of plans to the Secretary of the Planning Board at least 10 days but no more than 14 days prior to the meeting at which discussion is desired, together with four completed copies of the application form and the application fee. (See § 190-61.) The Secretary of the Planning Board shall distribute one copy of the application and plans to the Zoning Officer.
(b)
The administrative officer shall examine any site plan or minor site plan application and, upon finding that all requirements of this chapter have been met, certify the completeness of each application by notation of the date of complete submission on the application. The completed application shall then be scheduled for hearing by the Planning Board or Zoning Board as outlined in Article VII. Where action by both Boards is required, applications shall first be heard by the Zoning Board.
[Amended 5-2-1980 by Ord. No. 12-1980]
(c)
The Secretary of the Planning Board shall retain
one copy of the application and plans, which shall remain on file
for public inspection, and distribute copies as follows:
(d)
Should the submitted plan be deemed incomplete
by the administrative officer, the developer shall be notified in
writing of such deficiencies within 45 days of the submission or latest
partial submission.
[Amended 5-2-1980 by Ord. No. 12-1980]
(2)
Action by Township.
(a)
Upon the submission of a complete application for a site plan of 10 acres or 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a site plan of more than 10 acres, or whenever an application includes a request for relief pursuant to Subsection B(1), the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.
[Amended 5-2-1980 by Ord. No. 12-1980]
(b)
Upon the submission of a complete application for a site plan pursuant to Subsection B(2), the Zoning Board of Adjustment shall grant or deny preliminary approval within 120 days of the date of such submission or within such further time as may be consented to by the developer.
(c)
The Planning Board (Zoning Board) shall take
action (by written resolution) in one of the following ways:
[1]
The Planning Board (Zoning Board) may grant
preliminary approval to the plan as submitted.
[2]
Should minor revisions to the plan be necessary,
the Planning Board (Zoning Board) may grant preliminary approval subject
to specified conditions not included in the plan as submitted.
[3]
The Planning Board (Zoning Board) may deny preliminary
approval.
[4]
Should major revisions to the plan be necessary,
including substantial amendments in the layout of improvements proposed
by the developer, the Planning Board (Zoning Board) shall require
that an amended application be submitted and proceeded upon as in
the case of the original application for development.
(d)
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Township approving authority may grant preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final site plan approval. For such a final site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 190-66D and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6 prior to the memorialization of the resolution granting final site plan approval, or if no such approval is required, prior to the issuance of any construction permits.
[Added 4-6-1989 by Ord. No. 11-1989;
amended 4-3-1997 by Ord. No. 1-1997; 7-12-2001 by Ord. No. 12-2001]
(3)
Effect of preliminary approval.
(a)
Preliminary approval shall confer upon the applicant
the following rights for a three-year period from the date of the
preliminary approval:
[1]
That the general terms and conditions on which
preliminary approval was granted shall not be changed, including but
not limited to use requirements; layout and design standards for streets,
curbs and sidewalks; lot size; yard dimensions and off-tract improvements;
except that nothing herein shall be construed to prevent the Township
from modifying, by ordinance, such general terms and conditions of
preliminary approval as relate to public health and safety.
[2]
That the applicant may submit for final approval
on or before the expiration date of preliminary approval the whole
or a section or sections of the preliminary plan, as the case may
be.
[3]
That the applicant may apply for and the Planning
Board (Zoning Board) may grant extensions on such preliminary approval
for additional periods of at least one year, but not to exceed a total
extension of two years, provided that if the design standards have
been revised by ordinance, such revised standards may govern.
(b)
Preliminary approval of an application shall
not authorize development or the issuance of any construction permits.
(4)
Site plan details required for preliminary approval.
The preliminary site plan shall be based on Tax Map information or
some other similarly accurate base and shall be neatly and accurately
drawn to scale. The following information shall be included:
(a)
Boundaries of the tract, North arrow, scale,
date of preparation or latest revision, zone district(s) in which
lot(s) is(are) located, a small key map showing the general location
of the parcel in relation to the remainder of the municipality.
(b)
Existing and proposed streets, parking spaces,
loading areas and driveways.
(c)
Size, height, location and percent of building
coverage for all existing and proposed buildings, structures, signs
and lighting facilities.
(d)
All dimensions necessary to confirm conformity
to this chapter, such as building setbacks, building heights, yard
areas.
(e)
Proposed buffer areas, existing wooded areas,
vegetation types and areas proposed for landscaping. Within the Pinelands
Area, all wetlands as defined in this chapter shall also be identified.
[Amended 8-6-1982 by Ord. No. 16-1982]
(f)
The Planning Board reserves the right to require
additional information before granting preliminary approval when unique
circumstances affect the site and/or when the application for development
poses special problems for the site and surrounding area. Such information
may include but not be limited to drainage calculations and traffic
analyses.
(g)
Within the Pinelands Area, any additional information that may be required pursuant to § 190-66 of this chapter.
[Added 8-6-1982 by Ord. No. 16-1982]
(h)
Environmental impact statement. Each site plan
shall be accompanied by an impact statement which assesses the environmental
limitations of the parcel. This statement shall include an analysis
of soils, limitations and drainage and other characteristics of the
parcel prior to development. Factors considered shall include air
quality, water quality, water supply, hydrology, geology, sewerage
or septic disposal and limitations thereto, topography slope, vegetation,
wildlife habitat and noise characteristics. The statement shall detail
the impact of the proposed development upon the above factors and
shall quantify potential adverse impacts and proposed remedies. Impacts
shall be assessed during both the construction and the operation of
the project, along with efforts to minimize adverse environmental
impacts. The environmental impact statement or parts thereof may be
waived at the discretion of the Board and its professional advisors.
[Added 5-30-1979 by Ord. No. 8-1979]
E.
Submission to final site plan.
(1)
Application procedures for final site plan approval.
(a)
The developer shall submit 11 sets of plans
to the Secretary of the Planning Board at least 10 but not more than
14 days prior to the meeting at which discussion is desired, together
with four completed copies of the application form.
(2)
Action by Township.
(a)
The municipal agency (Planning or Zoning Board)
which acted on the preliminary site plan shall conduct final site
plan review. Final site plan approval shall be granted or denied within
45 days after submission of a complete applica-tion to the Planning
Board Secretary or within such further time as may be consented to
by the applicant. Failure of the Planning (or Zoning) Board to act
within 45 days shall constitute final approval, and a certificate
of the Planning Board Secretary as to the failure of the Planning
(or Zoning) Board to act shall be issued on request of the applicant.
(b)
The Planning Board (Zoning Board), by written
resolution, shall take action on the application in one of the following
ways:
[1]
The Planning Board (Zoning Board) may grant
final approval to the plan as submitted.
[2]
The Planning Board (Zoning Board) may deny approval.
[3]
If the developer proposes major revisions to
the approved preliminary plan, the Planning Board (Zoning Board) shall
request an amended application, which shall be submitted and proceeded
upon as in the case of the original preliminary application for development.
(c)
Whenever the development proposed by an application
for site plan approval requires an approval by a governmental agency
other than the Planning or Zoning Board, the local approval shall
be conditioned upon the subsequent approval of such governmental agency.
Such additional approvals include but are not limited to:
(3)
Effect of final approval of site plan. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be charged for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the Planning (Zoning) Board may extend such period of protection for one year, but not to exceed three extensions. Within the Pinelands Area, the provisions of § 190-66E of this chapter shall also apply.
[Amended 8-6-1982 by Ord. No. 16-1982]
(4)
Site plan details required for final approval. Each
site plan submitted shall be at a scale of one inch equals 50 feet
for a tract up to 40 acres in size; one inch equals 100 feet for a
tract between 40 and 150 acres; and one inch equals 200 feet for a
tract of 150 acres or more. All plans shall be certified by a licensed
architect or engineer, including accurate lot lines certified by a
licensed engineer or land surveyor, submitted on one of four of the
following standard sheet sizes: 8 1/2 by 13 inches, 15 by 21
inches, 24 by 36 inches or 30 by 42 inches, and including the following
data (If one sheet is not sufficient to contain the entire territory,
the map may be divided into sections to be shown on separate sheets
of equal sizes):
(b)
All additional requirements set forth by the
reviewing Board at the time of preliminary approval.
(d)
The proposed location of all drainage, sewerage
and water facilities with proposed grades, sizes, capacities and types
of materials to be used, including any drainage easements acquired
or required across adjoining properties.
(e)
Proposed lighting facilities, showing the direction
and reflection of lighting.
(f)
Architectural elevations.
(g)
Topographic survey and the proposed disposition
of stormwater (if not supplied at preliminary approval).
(h)
Landscaping plant material specifications.
F.
Environmental impact statement.
[Added 9-8-1978 by Ord. No. 18-1978]
(1)
An objective environmental impact statement shall
be required as a condition for approval, tentative or final, of any
application for development before any agency of the Township of Pemberton,
other than a minor subdivision for residential purposes.
(2)
Such environmental impact statement shall be prepared
and furnished by and at the expense of the applicant and shall comprehend
the nature and effect of any and all substantially discernible environmental
consequences flowing from the proposed development. It shall deal
as well with the resolution of adverse environmental consequences,
if any.
(3)
A copy of such statement shall be furnished the Pemberton
Township Environmental Commission within five days of its receipt,
and the Commission shall be requested to review same and to report
thereon to the reviewing agency of the Township within 20 days thereafter.
The reviewing agency shall accept the report of the Environmental
Commission and shall make same a part of the evidence in the matter
under consideration.
G.
Site plan waivers.
[Added 6-5-1997 by Ord. No. 17-1997]
(1)
Any applicant may request a waiver from site plan review under the
terms of this chapter, provided that the applicant's site plan waiver
involves:
[Amended 8-16-2018 by Ord. No. 22-2017; 2-5-2020 by Ord. No. 35-2019]
(a)
Conditions for existing buildings:
[1]
An existing building.
[2]
No new construction, except that any addition to an existing
structure of 10% or less, up to a maximum of 2,000 square feet, shall
not be considered new construction for the purposes of this section.
[3]
No extension of the on-tract parking requirements unless the
particular permitted use requires a change in parking of 10% or less.
[4]
A change in the existing drainage shall require review and approval
by the Board Engineer.
[5]
Buildings and structures existing on site have undergone a site
plan review submission and approval within the preceding 10 years.
[a]
If no site plan approval has been granted for buildings and
structures existing on site within the preceding 10 years, the applicant
may request a waiver from the Board of this requirement by:
[i]
Submitting a sketch plat or similar plan identifying all existing
site conditions;
[ii]
Demonstrating that all existing buildings, structures and improvements
existing on site are legally existing;
[iii]
Demonstrating that the use is a permitted use
and no use variance is required;
[iv]
Demonstrating that all of the other required conditions for
site plan waiver in this section have been met.
[b]
The Board shall consider whether the sketch plat or similar
plan together with any supporting testimony and documentation meet
the above requirements before any waiver of prior site plan approval
of this subsection may be granted.
[6]
There are no paving, parking, drainage, landscaping, or lighting
problems associated with the site.
(b)
Construction or use for agricultural purposes may be addressed
by way of site plan waiver.
(3)
A change in use that meets the requirements of Subsection G(1)(a) above may be submitted as a site plan waiver. For purposes herein, the term "change in use" shall be defined as a new use that results in intensification or increase of burdens on the site by way of increased employees, visitation, parking, loading and unloading, deliveries or change in building classification under the BOCA Code and/or intensification of on- and off-site impacts or improvements.
A.
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall be located in rear yard areas only and shall meet the setback distances for accessory buildings as specified in Article IV for each particular zoning district.
[Amended 11-7-1986 by Ord. No. 26-1986; 9-19-2002 by Ord. No. 19-2002]
B.
A swimming pool shall occupy no more than 75% of the
rear yard area in which it is located.
C.
A private residential swimming pool area must be surrounded
by a suitable self-latching fence at least four feet but no more than
six feet in height.
[Amended 11-7-1986 by Ord. No. 26-1986]
[Amended 8-6-1982 by Ord. No. 16-1982]
Within any district allowing townhouses, no townhouse development shall take place unless the following minimum standards are met in addition to the requirements specified in Article IV and until the site plan has been reviewed by the Planning Board.
A.
Each dwelling unit and combined complex of dwelling
units shall have a compatible architectural theme with variations
in design to provide attractiveness to the development, which shall
include consideration of landscaping techniques, building orientation
to the site and to other structures, topography, natural features
and individual dwelling unit design, such as varying unit widths,
staggering unit setbacks, providing different exterior materials,
changing roof lines and roof designs, altering building heights and
changing types of windows, shutters, doors, porches, colors and vertical
or horizontal orientation of the facades, singularly or in combination
for each dwelling unit. Any overall structure of attached townhouses
shall provide that no more than two adjacent dwelling units have the
same setback.
B.
Prior to Planning Board approval, a certification
by the Township Engineer shall be required confirming the adequacy
and availability of public water and sanitary sewer facilities to
service the proposed development. Prior to the issuance of a certificate
of occupancy, all dwelling units shall be connected to approved and
functioning public water and sanitary sewer facilities.
C.
The total area devoted to parking shall not exceed
20% of the tract. All parking facilities shall be on the same site
as the building and located within 150 feet of the nearest entrance
of the building they are intended to serve. Parking spaces shall be
provided in areas designed specifically for parking and there shall
be no parking along interior streets.
D.
No townhouse dwelling unit shall be less than 16 feet
wide. Building coverage shall not exceed 20% of the tract area.
E.
All buildings shall be Type 2 fire resistive by FHA
standards. In addition, each overall structure of attached townhouses
shall provide fire walls extending through the roof surface by at
least six inches in the form of either extensions of the wall through
and roof surface or as offsetting roof lines and fire walls shall
be constructed as the side walls of all dwelling units.
F.
No outside area or equipment shall be provided for
the hanging of laundry or the outside airing of laundry in any manner.
Sufficient area and equipment shall be made available within each
building for the laundering and artificial drying of laundry of occupants
of each building.
G.
Each building shall contain a single master television
antenna system which shall serve all dwelling units within the building.
H.
Entranceways, parking areas and walkways shall be
adequately lighted both for safety and security purposes.
No open space provided around any principal
building for the purposes of complying with the front, side or other
yard provisions of this chapter shall be considered as providing the
yard provisions for another principal building.
Front yards shall be measured as defined in
this chapter. On a lot which extends through a block in a manner resulting
in frontage on two or more streets, the building setback from each
street, whether considered the front, side or rear yard, shall not
be less than the required depth of a front yard in the district in
which said lot or applicable portion of the lot is located.
[Added 8-6-1982 by Ord. No. 16-1982]
A.
General. No development in the Pinelands Area shall
be carried out by any person unless it is in conformance with each
of the standards set forth in this section. Except as otherwise authorized
in this chapter, the extraction or mining of mineral resources other
than sand, gravel, clay and ilmenite is prohibited in the Pinelands
Area.
[Amended 4-6-1989 by Ord. No. 11-1989]
B.
Wetlands.
(1)
Uses. No development in the Pinelands Area shall be
permitted in a wetland or in wetlands transition areas except for
the following uses:
[Amended 5-6-1983 by Ord. No. 7-1983; 4-6-1989 by Ord. No.
11-1989; 9-16-1993 by Ord. No. 11-1993]
(c)
Beekeeping.
(e)
Fish and wildlife management and wetlands management in accordance
with N.J.A.C. 7:50-6.10.
[Amended 12-19-2012 by Ord. No. 17-2012]
(f)
Low-intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating and swimming and other low-intensity recreational uses, provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in Subsection B(2) below.
(g)
Private docks, piers, moorings and boat launches for the use of the landowner, provided that there is no significant adverse impact on the wetland as set forth in Subsection B(2) hereof.
(h)
Bridges, roads, trails and utility transmission
and distribution facilities and other similar linear facilities, provided
that:
[1]
There is no feasible alternative route for the
facility that does not involve development in a wetlands or, if none,
that another feasible route which results in less significant adverse
impacts on wetlands does not exist.
[2]
The need for the proposed linear improvement
cannot be met by existing facilities or modification thereof.
[3]
The use represents a need which overrides the
importance of protecting the wetland.
[4]
Development of the facility will include all
practical measures to mitigate the adverse impact on the wetland.
[5]
The resources of the Pinelands will not be substantially
impaired as a result of the facility and its development as determined
exclusively based on the existence of special and unusual circumstances.
(i)
Commercial or public docks, piers, moorings
and boat launches, provided that:
(2)
Performance standards. No development in the Pinelands Area, other than those specified in Subsection B(1)(a) through (e) above, shall be carried out in a wetland or within 300 feet of a wetland unless the applicant has demonstrated that the development will not have the effect of modifying the wetland such that the development will result in an irreversible adverse impact on the ecological integrity of the wetland and its biotic components, including but not limited to threatened or endangered species of plants or animals, in one or more of the following ways:
[Amended 5-6-1983 by Ord. No. 7-1983; 4-6-1989 by Ord. No.
11-1989]
(a)
An increase in surface water runoff discharging
into a wetland.
(b)
A change in the normal seasonal flow patterns
in the wetland.
(c)
An alteration of the water table in the wetland.
(d)
An increase in erosion resulting in increased
sedimentation in the wetland.
(e)
A change in the natural chemistry of the ground-
or surface water in the wetland.
(f)
A loss of wetland habitat.
(g)
A reduction in wetland habitat diversity.
(h)
A change in wetlands species composition.
(i)
A significant disturbance of areas used by indigenous
and migratory wildlife for breeding, nesting or feeding.
C.
Vegetation.
[Amended 5-6-1983 by Ord. No. 7-1983; 4-6-1989 by Ord. No.
11-1989; 4-3-1997 by Ord. No. 1-1997]
(1)
All clearing and soil disturbance activities shall
be limited to that which is necessary to accommodate an activity,
use or structure which is permitted by this chapter.
(2)
Where practical, all clearing and soil disturbance
activities associated with an activity, use or structure, other than
agriculture, forestry and resource extraction, shall:
(3)
All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection C(4) below.
(4)
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection C(3) above shall incorporate the following elements:
(a)
The limits of clearing shall be identified.
(b)
Existing vegetation, including New Jersey's
Record Trees as published by the New Jersey Department of Environmental
Protection in 1991 and periodically updated, shall be incorporated
into the landscape design, where practical.
(c)
Permanent lawn or turf areas shall be limited
to those specifically intended for active human use such as play fields,
golf courses and lawns associated with a residence or other principal
nonresidential use. Existing wooded areas shall not be cleared and
converted to lawns except when directly associated with and adjacent
to a proposed structure.
(d)
Shrubs and trees authorized by N.J.A.C. 7:50-6.25
shall be used for revegetation or landscaping purposes. Other shrubs
and trees may be used in the following circumstances:
[1]
When the parcel to be developed or its environs
contain a predominance of shrubs and tree species not authorized by
N.J.A.C. 7:50-6.25;
[2]
For limited ornamental purposes around buildings
and other structures; or
[3]
When limited use of other shrubs or tree species
is required for proper screening or buffering.
(5)
Development prohibited in the vicinity of threatened
or endangered plants. No development shall be carried out by any person
in the Pinelands Area unless it is designed to avoid irreversible
adverse impacts on the survival of any local populations of threatened
or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.
D.
Fish and wildlife.
(1)
Protection of threatened or endangered wildlife required.
No development shall be carried out in the Pinelands Area unless it
is designed to avoid irreversible adverse impacts on habitats that
are critical to the survival of any local populations of those threatened
or endangered animal species designated by the Department of Environmental
Protection pursuant to N.J.S.A. 23:2A-1 et seq.
[Amended 4-6-1989 by Ord. No. 11-1989]
(2)
Protection of wildlife habitat. All development shall
be carried out in the Pinelands Area in a manner which avoids disturbance
to distinct fish and wildlife habitats that are essential to the continued
nesting, resting, breeding and feeding of significant populations
of fish and wildlife in the Pinelands.
E.
Forestry.
[Amended 4-6-1989 by Ord. No. 11-1989; 11-2-1984 by Ord. No.
23-1984; 2-5-1998 by Ord. No. 35-1997]
(1)
Permit required. No forestry in the Pinelands Area
of the Township shall be carried out by any person unless a permit
for such activity has been issued by the Township Zoning Officer.
Notwithstanding this requirement, no such permits shall be required
for the following forestry activities:
(a)
Normal and customary fore practices on residentially
improved parcels of land that are five acres or less in size.
(b)
Tree harvesting, provided that no more than
one load of wood per five acres of land is harvested in any one year
and that no more than five cords of wood are harvested from the entire
parcel in any one year.
(c)
Tree planting, provided that the area to be
planted does not exceed five acres in any one year, no soil disturbance
occurs other than caused by the planting activity and no trees other
than those authorized by N.J.A.C. 7:50-6.25 are to be planted.
(d)
Forest stand improvement designed to selectively
thin trees and brush, provided that no clearing or soil disturbance
occurs and that the total land area on the parcel in which the activity
occurs does not exceed five acres in any one year.
(e)
Prescribed burning and the clearing and maintaining
of fire breaks.
(2)
The information in Subsection E(2)(a) or (b) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:
[Amended 12-19-2012 by Ord. No. 17-2012]
(a)
For forestry activities on a parcel of land enrolled in the
New Jersey Forest Stewardship Program, a copy of the approved New
Jersey Forest Stewardship Plan. This document shall serve as evidence
of the completion of an application with the Pinelands Commission
as well as evidence that the activities are consistent with the standards
of the Pinelands Comprehensive Management Plan. No certificate of
filing from the Pinelands Commission shall be required.
(b)
For all other forestry applications:
[1]
The applicant's name and address and his interest in the subject
parcel;
[2]
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application;
[3]
The description, including block and lot designation and street
address, if any, of the subject parcel;
[4]
A description of all existing uses of the subject parcel;
[5]
A brief written statement generally describing the proposed
forestry operation;
[6]
A USGS Quadrangle Map, or copy thereof, and a copy of the Municipal
Tax Map sheet on which the boundaries of the subject parcel, the Pinelands
Management Area designation and the municipal zoning designation are
shown;
[7]
A forestry management plan that includes, as appropriate:
[a]
A cover page for the plan containing:
[i]
The name, mailing address and telephone number
of the owner of the subject parcel;
[ii]
The municipality and county in which the subject
parcel is located;
[iii]
The block and lot designation and street address,
if any, of the subject parcel;
[iv]
The name and address of the forester who prepared
the plan, if not prepared by the owner of the subject parcel; and
[v]
The date the plan was prepared, subsequent revision
dates and the period of time the plan is intended to cover;
[b]
A clear and concise statement of the owner's objectives
for undertaking the proposed forestry activities, including a description
of the short- (five years) and long-term (20 years) objectives for
all proposed silvicultural techniques that will be used to manage
the parcel;
[c]
A description of the existing conditions of the
subject parcel and of each forest stand in which a proposed activity,
prescription or practice will occur. These stand descriptions shall
include photographs of each stand taken at eye level showing the location
of all Pinelands native forest types, as identified at N.J.A.C. 7:50-6.43,
and shall be keyed to an activity map that shall include, as appropriate,
the following information:
[i]
The number of acres;
[ii]
The general condition and quality of each stand;
[iii]
The overall site quality, relative to the management
goals and objectives identified in Subsection E(2)(b)[7][b] above;
[iv]
An inventory and map of Pinelands native forest
types with native forest types broken into "stands," including information
on type, size and volume by species;
[v]
The age of representative trees;
[vi]
The species composition, including overstory,
understory, ground layer structure and composition;
[vii]
The stand cohort composition;
[viii]
The percent cover;
[ix]
The basal area;
[x]
The structure, including age classes, diameter
breast height (DBH) classes and crown classes;
[xi]
The condition and species composition of advanced
regeneration, when applicable;
[xii]
A stocking table showing the stocking levels,
growth rates and volume;
[xiii]
Projections of intended future stand characteristics
at ten- , twenty- , and forty-year intervals;
[xiv]
A description of the forestry activities, silvicultural
prescriptions, management activities and practices proposed during
the permit period and the acreage proposed for each activity. These
may include, but are not necessarily limited to, a description of:
[A]
Stand improvement practices;
[B]
Site preparation practices;
[C]
Harvesting practices;
[D]
Regeneration and reforestation practices;
[E]
Improvements, including road construction, stream
crossings, landings, loading areas and skid trails;
[F]
Herbicide treatments;
[G]
Silvicultural treatment alternatives;
[H]
If planting will occur to accomplish reforestation,
the application shall include seed sources records, if such records
are available;
[I]
Implementation instructions; and
[J]
Measures that will be taken to prevent the potential
spread of exotic plant species or phragmites into wetlands; and
[xv]
A description, if appropriate, of the forest products
to be harvested, including volume expressed in cords and board feet;
diameter breast height (DBH) classes and average diameter; age; heights;
and number of trees per acre; and
[d]
A map of the entire parcel which includes the following:
[i]
The owner's name, address and the date the map
was prepared;
[ii]
An arrow designating the north direction;
[iii]
A scale which is not smaller than one inch equals
2,000 feet or larger than one inch equals 400 feet;
[iv]
The location of all property lines;
[v]
A delineation of the physical features such as
roads, streams and structures;
[vi]
The identification of soil types (a separate map
may be used for this purpose);
[vii]
A map inset showing the location of the parcel
in relation to the local area;
[viii]
Clear location of the area and acreage in which
each proposed activity, prescription or practice will occur. If shown
on other than the property map, the map or maps shall note the scale,
which shall not be smaller than one inch equals 2,000 feet or larger
than one inch equals 400 feet, and shall be appropriately keyed to
the property map; and
[ix]
A legend defining the symbols appearing on the
map.
[8]
A letter from the Office of Natural Lands Management identifying any threatened or endangered plants or animals reported on or in the immediate vicinity of the parcel and a detailed description by the applicant of the measures proposed to meet the standards set forth in § 190-50C(5) and 190-50D(1);
[9]
A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with § 190-50L;
[10]
A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection E(3)(i)[2] below;
[11]
A statement identifying the specific steps to
be taken to ensure that trees or areas to be harvested are properly
identified so as to ensure that only those trees intended for harvesting
are harvested;
[12]
Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said Manual must be addressed by the applicant in terms of their potential impact on the standards set forth in Subsection E(3) below;
[13]
A certificate of filing from the Pinelands Commission
issued pursuant to N.J.A.C. 7:50-4.34; and
(3)
Forestry operations shall be approved only if the applicant can demonstrate
that the standards set forth below are met:
[Amended 12-19-2012 by Ord. No. 17-2012]
(a)
All forestry activities shall serve to maintain Pinelands native
forest types, including those which are locally characteristic, except
in those stands where other forest types exist;
(b)
Any newly developed access to lands proposed for harvesting
shall avoid wetland areas except as absolutely necessary to harvest
wetlands species or to otherwise gain access to a harvesting site;
(c)
The following actions shall be required to encourage the establishment,
restoration or regeneration of Atlantic white cedar in cedar and hardwood
swamps:
[1]
Clearcutting cedar and managing slash;
[2]
Controlling competition by other plant species;
[3]
Utilizing fencing and other retardants, where necessary, to
protect cedar from overbrowsing;
[4]
Utilizing existing streams as cutting boundaries, where practical;
[5]
Harvesting during dry periods or when the ground is frozen;
and
[6]
Utilizing the least-intrusive harvesting techniques, including
the use of winches, corduroy roads and helicopters, where practical.
(d)
All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in § 190-50C(5) and 190-50D(1). The species accounts provided in the "Recommended Forestry Management Practices Report," Appendix I, Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards;
(e)
All forestry activities and practices shall be designed and
carried out so as to comply with the standards for the land application
of waste set forth in N.J.A.C. 7:50-6.79, except as expressly authorized
in this section;
(f)
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in § 190-50L;
(g)
A vegetated streamside management zone shall be maintained or
established adjacent to streams, ponds, lakes and marshes, except
that no streamside management zone shall be required when Atlantic
white cedar is proposed to be harvested, established, restored or
regenerated. The streamside management zone shall be at least 25 feet
in width. Where soils are severely erodible, slopes exceed 10% or
streamside vegetation is not vigorous, the streamside management zone
shall be increased up to a maximum of 70 feet to buffer the water
body from adjacent forestry activities;
(h)
Stream crossings, access roads, timber harvesting, skid trails,
log decks, portable sawmill sites, site preparation, and reforestation
shall be designed and carried out so as to:
(i)
The following standards shall apply to silvicultural practices
for site preparation, either before or after harvesting:
[1]
In areas with slopes of greater than 10%, an undisturbed buffer
strip of at least 25 feet in width shall be maintained along roads
during site preparation to catch soil particles;
[2]
Herbicide treatments shall be permitted, provided that:
[a]
The proposed treatment is identified in the forestry application submitted to the Commission pursuant to Subsection E(2)(b)[10] above;
[b]
Control of competitive plant species is clearly
necessary;
[c]
Control of competitive plant species by other,
nonchemical means is not practical;
[d]
All chemicals shall be expressly labeled for forestry
use and shall be used and mixed in a manner that is consistent with
relevant state and federal requirements; and
[e]
In pine-shrub oak native forest types, herbicide
treatments shall only be permitted as a method to temporarily suppress
shrub-oak understory in order to facilitate pine regeneration. All
such herbicide treatments shall be applied in a targeted manner so
that there will be no significant reduction in tree or shrub-oak resprouting
outside those areas subject to the herbicide treatment;
[3]
Broadcast scarification and mechanical weeding shall be permitted
in all Pinelands native forest types;
[4]
Disking shall be permitted, provided that:
[a]
It shall not be permitted in pine plains native
forest types;
[b]
Disking shall only be permitted in pine-shrub oak
native forest types as a method to temporarily suppress shrub-oak
understory in order to facilitate pine regeneration, and shall be
limited as follows:
[i]
Disking may occur one time during the first year of the establishment
of a stand to assure the successful growth of pine seedlings and may
be repeated one time during the second year of the growth of the stand
only in areas where pine seedling establishment has not successfully
occurred; and
[ii]
Only single-pass disking, which penetrates the soil no deeper
than six inches, shall be permitted.
[c]
It shall not occur in wetlands, except as may be
necessary to establish, restore or regenerate Atlantic white cedar.
When so used, disking shall be limited to shrub-dominated parcels
and recently abandoned agricultural lands; and
[d]
It shall follow land contours when slopes are discernible;
[5]
Root raking shall be permitted, provided that:
[a]
It shall not be permitted in pine-shrub oak native
forest types or pine plains native forest types;
[b]
When used to establish, restore or regenerate Atlantic
white cedar, root raking shall be limited to shrub-dominated parcels
and recently abandoned agricultural lands; and
[c]
Root raking debris shall not be piled in wetlands;
[6]
Bedding shall be permitted only in recently abandoned, cultivated
wetlands where there are no established Pinelands native forest types;
and
[7]
Drum chopping shall be permitted, provided that:
[a]
It shall not be permitted in pine plains native
forest types except to create road shoulder fuelbreaks, which shall
be limited to 25 feet in width, or to create scattered early successional
habitats under two acres in size;
[b]
It shall not be permitted in wetlands, except as
may be necessary to establish, restore or regenerate Atlantic white
cedar. When so used, drum chopping shall be limited to shrub-dominated
parcels and recently abandoned agricultural lands; and
[c]
It shall adhere to the following procedures:
[i]
No more than two passes shall be permitted except
to create scattered early successional habitats under two acres in
size;
[ii]
Drums shall remain unfilled when used during the
dormant season;
[iii]
Chop up and down the slope on a parcel so the
depressions made by the cleats and chopper blades run parallel to
the contour of the land to help reduce the occurrence of channeled
surface erosion;
[iv]
Chop so the depressions made by the cleats and
chopper blades run parallel to a wetland or water body; and
[v]
Avoid short-radius, one-hundred-eighty-degree turns
at the end of each straight pass.
(j)
The following standards shall apply to silvicultural practices
for harvesting:
[1]
Clearcutting shall be permitted, provided that:
[a]
It shall not be permitted in pine plains native
forest types;
[b]
It shall be limited to 300 acres or 5% of a parcel,
whichever is greater, during any permit period;
[c]
A fifty-foot-wide buffer strip, in which only periodic
pruning and thinning may occur, shall be maintained between any clearcut
and the parcel boundaries;
[d]
A buffer strip, in which only periodic pruning
and thinning may occur, shall also be maintained to separate each
twenty-five-acre or larger clearcut from other twenty-five-acre or
larger clearcuts, coppice cuts and seed tree cuts that occur within
a fifteen-year period. The buffer strip separating two twenty-five-acre
harvests shall be 50 feet in width and, for a larger harvest, shall
increase in width by one foot for each acre of that harvest above
25, to a maximum of 300 feet in width;
[e]
Where present on a parcel, a minimum of 18 dead
snags per acre of at least 10 inches' diameter at breast height (DBH)
and six feet in height shall be left on the parcel for a minimum of
five years; and
[f]
The area of the parcel subject to the clearcut
shall have contoured edges unless the boundary of the clearcut serves
as a firebreak, in which case straight edges may be used;
[2]
Coppicing shall be permitted in all Pinelands native forest
types, provided that:
[a]
It shall be limited to 500 acres in size or 10%
of a parcel, whichever is greater, during any permit period;
[b]
A fifty-foot-wide buffer strip, in which only periodic
pruning and thinning may occur, shall be maintained between any coppice
cut and the parcel boundaries;
[c]
A buffer strip, in which only periodic pruning
and thinning may occur, shall also be maintained to separate each
twenty-five-acre or larger coppice cut from other twenty-five-acre
or larger clearcuts, coppice cuts and seed tree cuts that occur within
a fifteen-year period. The buffer strip separating two twenty-five-acre
harvests shall be 50 feet in width and, for a larger harvest, shall
increase in width by one foot for each acre of that harvest above
25, to a maximum of 300 feet in width;
[d]
Where present on a parcel, a minimum of 18 dead
snags per acre of at least 10 inches' DBH and six feet in height shall
be left on the parcel for a minimum of five years; and
[e]
The area of the parcel subject to the coppice cut
shall have contoured edges unless the boundary of the coppice cut
serves as a firebreak, in which case straight edges may be used;
[3]
Seed tree cutting shall be permitted in all Pinelands native
forest types, provided that:
[a]
It shall be limited to 500 acres in size or 10%
of a parcel, whichever is greater, during any permit period;
[b]
A fifty-foot-wide buffer strip, in which only periodic
pruning and thinning may occur, shall be maintained between any seed
tree cut and the parcel boundaries;
[c]
A buffer strip, in which only periodic pruning
and thinning may occur, shall also be maintained to separate each
twenty-five-acre or larger seed tree cut from other twenty-five-acre
or larger clearcuts, coppice cuts and seed tree cuts that occur within
a fifteen-year period. The buffer strip separating two twenty-five-acre
harvests shall be 50 feet in width and, for a larger harvest, shall
increase in width by one foot for each acre of that harvest above
25, to a maximum of 300 feet in width;
[d]
Where present on a parcel, a minimum of 18 dead
snags per acre of at least 10 inches' DBH and six feet in height shall
be left on the parcel for a minimum of five years;
[e]
The area of the parcel subject to the seed tree
cut shall have contoured edges unless the boundary of the seed tree
cut serves as a firebreak, in which case straight edges may be used;
[f]
Dominant residual seed trees shall be retained
at a distribution of at least seven trees per acre; and
[g]
Residual seed trees shall be distributed evenly
throughout the parcel; and
[4]
Shelterwood cutting, group selection and individual selection
shall be permitted in all Pinelands native forest types.
(k)
The following standards shall apply to silvicultural practices
for forest regeneration:
[1]
Natural regeneration shall be permitted in all Pinelands native forest types and shall be required in the pine plains native forest type, except as provided in Subsection E(3)(k)[2] below; and
[2]
Artificial regeneration shall be permitted in all Pinelands
native forest types, provided that:
[a]
The use of nonnative cuttings, seedlings or seeds
shall not be permitted;
[b]
The use of hybrid cuttings, seedlings or seeds
shall be permitted if it can be demonstrated that the cutting is from
a locally native, naturally occurring hybrid which will be planted
within its natural range and habitat;
[c]
Cuttings, seedlings or seeds shall be collected
and utilized so as to ensure genetic diversity; and
[d]
When used in pine plains native forest types, artificial
regeneration shall only be permitted to restore drastically disturbed
sites if seeds or seedlings from the immediate vicinity have been
collected from local, genetically similar sources.
(l)
Following site preparation and harvesting activities, slash
shall either be retained in piles on the parcel, distributed throughout
the parcel, removed from the parcel or burned.
(m)
Thinning shall be permitted in all Pinelands native forest types,
including that which serves to maintain an understory of native plants
and/or manage stand composition, density, growth and spatial heterogeneity.
(n)
A copy of the forestry permit issued by the Township Zoning
Officer shall be conspicuously posted on the parcel which is the site
of the forestry activity.
(4)
Forestry permit procedures.
(a)
Applications for forestry permits shall be submitted
to the Zoning Officer and shall be accompanied by an application fee
of $25.
(b)
Within 14 days of receipt of an application,
the Zoning Officer shall determine whether the application is complete
and, if necessary, notify the applicant in writing of any additional
information which is necessary to complete the application. Should
the Zoning Officer fail to make such a determination within 14 days,
the application shall be considered to be complete as of the 15th
day following its submission.
(c)
The applicant shall, within 10 days of receiving
notification from the Zoning Officer that an application has been
deemed complete, give public notice of the submittal of a complete
application for a forestry permit. The notice shall state the nature
of the application under consideration; identify the property proposed
for forestry by street address, if any, or by reference to lot and
block numbers as shown on the current tax duplicate; and indicate
the location and times at which any maps or documents for which approval
is sought are available. Notice shall be given by publication in the
official newspaper of the municipality, if there be one, or in a newspaper
of general circulation in the municipality.
(d)
Within 45 days of determining an application to be complete pursuant to Subsection E(4)(b) above, or within such further time as may be consented to by the applicant, the Zoning Office shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection E(3) above or disapprove any application which does not meet the requirements of Subsection E(3) above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
(e)
Upon receipt of a notice of disapproval pursuant to Subsection E(4)(d) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection E(3) above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection E(4)(d) above.
(f)
Failure of the Zoning Officer to act within the time period prescribed in Subsection E(4)(d) and (e) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.
(h)
Forestry permits shall be valid for a period
of 10 years. Nothing in this section shall be construed to prohibit
any permit from securing additional permits, provided that the requirements
of this chapter and the Pinelands Comprehensive Management Plan are
met.
(5)
Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection E(4)(d) above, the applicant shall be required to pay of a sum of $250 which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.
(6)
Financial surety requirements. Upon the issuance of a forestry permit pursuant to Subsection E(4)(d) above, the applicant shall be required to post a financial surety in accordance with the following requirements:
(a)
The surety shall be for the sole purpose of
ensuring proper performance during any harvesting operation and shall
not be intended to serve as a long-term maintenance guaranty.
(b)
The surety shall not exceed $500 or 10% of the
stumpage value of the wood to be harvested during the duration of
any approval or permit which is granted, whichever is greater.
(c)
The surety shall not be required to be posted
for a period exceeding two years. This shall not preclude a requirement
for the posting of sureties for succeeding two-year periods, provided
that the requirements set forth above in this section are met.
(7)
Notification of harvesting. No harvesting shall be
commenced until the applicant has provided the Zoning Officer with
72 hours' written notice of the intention to begin harvesting operations.
(8)
Penalties. Any person violating any provisions of this Subsection E shall be subject to a fine not exceeding $1,000 or imprisonment for up to 90 days, or both, in the discretion of the Judge of the Municipal Court of the Township of Pemberton. For purposes of determining such penalties, each day of violation shall constitute a separate offense.
F.
Recommended management practices for agriculture.
(1)
All agricultural activities and fish and wildlife
management activities, including the preparation of land and the planting,
nurturing and harvesting of crops, shall be carried out in accordance
with recommended management practices established for the particular
agricultural activity by the New Jersey Department of Agriculture,
the Soil Conservation Service and the New Jersey Agricultural Experimental
Station at Rutgers University.
(2)
In Agricultural Production Districts and Special Agricultural
Production Districts, a Resource Conservation Plan shall be prepared
by the operator of every agricultural use or the appropriate Soil
Conservation District located in an area which has been designated
by any agency of federal, state or local government as having substandard
surface or ground water. If prepared by the operator, such plan shall
be submitted to the Soil Conservation District for review. The Resource
Conservation Plan shall be reviewed, updated and revised as necessary
and shall provide for the use of recommended management practices
as found in, but not limited to, the following publications:
[Added 5-6-1983 by Ord. No. 7-1983]
(3)
All agricultural operations in any Agricultural Production
or Special Agricultural Production District shall be exempt from any
ordinance or regulation which inhibits efficient crop production,
including but not limited to ordinances and regulations imposing time
limits on operations, dust limits and odor restrictions, except those
ordinances and regulations which are strictly necessary for the maintenance
of public health.
[Added 5-6-1983 by Ord. No. 7-1983]
G.
Waste management. No hazardous or toxic substances,
including hazardous wastes, shall be stored, transferred, processed,
discharged, disposed or otherwise used in the Pinelands Area. The
land application of waste or waste-derived materials is prohibited
in the Pinelands Area, except as expressly authorized in N.J.A.C.
7:50-6.79. Waste management facilities shall only be permitted in
the Pinelands Area in accordance with the standards set forth in N.J.A.C.
7:50-6.
[Amended 4-3-1997 by Ord. No. 1-1997]
H.
Water quality.
(1)
General.
[Added 5-6-1983 by Ord. No. 7-1983]
(a)
All development shall be designed and carried
out so that the quality of surface and ground water will be protected
and maintained. Agricultural use shall not be considered development
for purposes of this subsection.
(b)
Except as specifically authorized in this section,
no development which degrades surface or ground water quality or which
establishes new point sources of pollution shall be permitted.
[Amended 4-6-1989 by Ord. No. 11-1989]
(c)
No development shall be permitted which does
not meet the minimum water quality and potable water standards of
the State of New Jersey or the United States.
(2)
Minimum standards for point and nonpoint source discharges.
The following point and nonpoint sources may be developed and operated
in the Pinelands:
[Amended 5-6-1983 by Ord. No. 7-1983; 4-6-1989 by Ord. No.
11-1989]
(a)
Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities, or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in Subsection H(2)(b) through (f) below, provided that:
[Amended 4-3-1997 by Ord. No. 1-1997]
[1]
There will be no direct discharge into any surface
water body.
[2]
All discharges from the facility or use are
of a quality and quantity such that groundwater exiting from the parcel
of land or entering a surface body of water will not exceed two parts
per million nitrate/nitrogen.
[3]
All public wastewater treatment facilities are
designed to accept and treat septage.
[4]
All storage facilities, including ponds or lagoons,
are lined to prevent leakage into groundwater.
(b)
Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of § 190-50B(2) above, provided that:
[1]
There will be no direct discharge into any surface
water body.
[2]
The facility is designated only to accommodate
wastewater from existing residential, commercial and industrial development.
[3]
Adherence to Subsection B(2) above cannot be achieved due to limiting site conditions or that the costs, to comply with the standard, will result in excessive user fees.
[Amended 4-3-1997 by Ord. No. 1-1997]
[4]
The design level of nitrate/nitrogen attenuation
is the maximum possible within the cost limitations imposed by such
user fee guidelines, but in no case shall groundwater exiting from
the parcel or entering a surface body of water exceed five parts per
million nitrate/nitrogen.
[Amended 4-3-1997 by Ord. No. 1-1997]
(c)
Improvements to existing commercial, industrial
and wastewater treatment facilities which discharge directly into
surface waters, provided that:
[1]
There is no practical alternative available that would adhere to the standards of Subsection H(2)(a)[1] above;
[Amended 4-3-1997 by Ord. No. 1-1997]
[2]
There is no increase in the existing approved
capacity of the facility; and
[3]
All discharges from the facility into surface
waters are such that the nitrate/nitrogen levels of the surface waters
at the discharge point do not exceed two parts per million. In the
event that nitrate/nitrogen levels in the surface waters immediately
upstream of the discharge point exceed two parts per million, the
discharge shall not exceed two parts per million nitrate/nitrogen.
(d)
Individual on-site septic wastewater treatment
systems which are not intended to reduce the level of nitrate/nitrogen
in the wastewater, provided that:
[Amended 4-3-1997 by Ord. No. 1-1997]
[1]
The proposed development to be served by the
system is otherwise permitted pursuant to the provisions of this chapter;
[2]
The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection H(2)(d)[3] below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 190-50M or 190-50R;
[3]
Only contiguous lands located within the same
zoning district and Pinelands management area as the proposed system
or systems may be utilized for septic dilution purposes, except for
the development of an individual single-family dwelling on a lot existing
as of January 14, 1981, nonresidential development on a lot of five
acres or less existing as of January 14, 1981, or cluster development
as permitted by N.J.A.C. 7:50-5.19;
[4]
The depth to seasonal high-water table is at
least five feet;
[5]
Any potable water well will be drilled and cased
to a depth of at least 100 feet, unless the well penetrates an impermeable
clay aquiclude, in which case the well shall be cased to at least
50 feet;
[6]
The system will be maintained and inspected in accordance with the requirements of Subsection H(3) below;
[7]
The technology has been approved for use by
the New Jersey Department of Environmental Protection; and
[8]
Flow values for nonresidential development shall
be determined based on the values contained in N.J.A.C. 7:9A-7.4,
as amended, except that the number of employees may not be utilized
in calculating flow values for office uses. In the event that N.J.A.C.
7:9A-7.4 does not provide flow values for a specific use, but a flow
value is assigned for that use in N.J.A.C. 7:14A-23.3(a), the flow
value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating
flow.
(e)
Individual on-site septic wastewater treatment
systems which are intended to reduce the level of nitrate/nitrogen
in the wastewater, provided that:
[Amended 4-3-1997 by Ord. No. 1-1997]
[2]
If the proposed development is nonresidential,
it is located:
[Amended 8-7-2019 by Ord. No. 24-2019]
[a]
In the R-1, R-60, R-80, R-96, R-200, R-A, R-I, HD, GI, NCP,
TC, TC-MU, TC-N, TC-R, TC-WD, MH, OP, OP/LI, PV, or M Zoning District;
or [
[b]
In the portions of the GCLI or R-3 Zoning District that is located
within the Pinelands Regional Growth Area; or
[c]
In the AP, AR, R-6, R-100 or R-17 Zoning District, subject to
the standards of N.J.A.C. 7:50-6.84(a)5iii(2); or
[d]
In the portions of the GCLI or R-3 Zoning District that is located
outside of the Pinelands Regional Growth Area subject to the standards
of N.J.A.C. 7:50-6.84(a)5iii(2).
[3]
The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection H(2)(d)[3] above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(4)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 190-50M or 190-50R.
(f)
Surface water runoff, provided that:
[Amended 4-3-1997 by Ord. No. 1-1997]
[1]
The total runoff generated from any net increase
in impervious surfaces by a ten-year storm of a twenty-four-hour duration
shall be retained and infiltrated onsite. Runoff volumes shall be
calculated in accordance with the United States Soil Conservation
Service Technical Release No. 55 or the S.C.S. National Engineering
Handbook, Section 4;
[2]
The rates of runoff generated from the parcel
by a two-year, ten-year and one-hundred-year storm, each of a twenty-four-hour
duration, shall not increase as a result of the proposed development.
Runoff rates shall be calculated in accordance with the United States
Soil Conservation Service Technical Release No. 55 or the S.C.S. National
Engineering Handbook, Section 4;
[3]
Surface water runoff shall not be directed in
such a way as to increase the volume and rate of discharge into any
surface water body from that which existed prior to development of
the parcel;
[4]
Excessively and somewhat excessively drained
soils, as defined by the Soil Conservation Service, should be avoided
for recharge of runoff wherever practical;
[5]
A minimum separation of two feet between the
elevation of the lowest point of the bottom of the infiltration or
detention facility and the seasonal high-water table is met, or a
lesser separation when it is demonstrated that the separation, either
due to soil conditions or when considered in combination with other
stormwater management techniques, is adequate to protect groundwater
quality; and
[6]
A four-year maintenance guaranty is provided
for the entire stormwater management system by the applicant. In addition,
the applicant shall fund or otherwise guarantee an inspection and
maintenance program for a period of no less than ten years. The program
shall identify the entity charged with responsibility for annual inspections
and the completion of any necessary maintenance and the method to
finance said program.
(3)
Individual wastewater treatment facility and petroleum
tank maintenance.
[Amended 4-6-1989 by Ord. No. 11-1989]
(a)
The owner of every on-site septic wastewater
treatment facility in the Pinelands Area shall, as soon as a suitable
septage disposal facility capacity is available, in accordance with
the provisions of Chapter 326 of the Laws of 1975, amending the Solid
Waste Management Act, N.J.S.A. 13:1E-1 et seq., and Section 201 of
the Clean Water Act:
[1]
Have the facility inspected by a technician
at least once every three years.
[2]
Have the facility cleaned at least once every
three years.
[3]
Once every three years submit to the local Board
of Health a sworn statement that the facility has been inspected and
cleaned and is functional, setting forth the name of the person who
performed the inspection and cleaning and the date of such inspection.
(4)
Prohibited chemicals and materials.
(b)
All storage facilities for deicing chemicals
shall be lined to prevent leaking into the soil and shall be covered
with an impermeable surface which shields the facility from precipitation.
(c)
No person shall apply any herbicide to any road
or public utility right-of-way within the Pinelands Area unless necessary
to protect an adjacent agricultural activity.
(5)
Interbasin transfer of water between watersheds shall
be avoided to the maximum extent practical. Water shall not be exported
from the Pinelands, except as otherwise provided in N.J.S.A. 58:IA-7.1.
[Amended 4-16-1989 by Ord. No. 11-1989][2]
[2]
Editor's Note: Former Subsection H(6) and
(7), regarding accessways and fuel breaks, was repealed 4-6-1989 by
Ord. No. 11-1989.
I.
Scenic.
(1)
Setbacks and screening requirements for scenic corridors.
(a)
No development shall be located within 200 feet of the center line of a public paved road in the Pinelands Area, except for those roads which provide for internal circulation within a residentially developed area, unless environmental or other physical considerations make it impractical to do so; provided, however, that the development shall be set back as close to 200 feet as practicable and the site shall be landscaped so as to provide screening from the corridor except in a cleared agricultural area. These requirements shall not apply to residential cluster developments in the R-17, R-3 and R-6 Districts which comply with the standards of § 190-50S.
[Amended 4-6-1989 by Ord. No. 11-1989; 12-19-2012 by Ord. No.
17-2012]
(2)
Screening and storage of motor vehicles. Within the Pinelands Area, no person shall store more than 10 automobiles, trucks or other motor vehicles, whether or not they are in operating condition, on any lot unless such motor vehicles are adequately screened from adjacent residential uses and scenic corridors. All vehicles not in operating condition shall be stored only if the gasoline tanks of such vehicles are drained. Draining vehicles shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes or for service stations which are proposed for use pursuant to § 190-56B of this chapter.
(3)
Location of utilities.
(a)
New utility distribution lines and telephone
lines to locations not served by such utilities as of the date of
this chapter shall be placed underground, except for those lines which
are located on or immediately adjacent to active agricultural operations.
(b)
All electric transmission lines shall be located
on existing towers or underground to the maximum extent practical.
J.
Fire management. No development shall be carried out in the Pinelands Area in vegetated areas which are classified as moderate, high or extreme hazard as defined in § 190-5D of this chapter unless such development complies with the following standards:
(1)
All dead-end roads will terminate in a manner which
provides safe and efficient entry and exit for fire equipment.
[Amended 4-6-1989 by Ord. No. 11-1989]
(2)
The rights-of-way of all roads shall be maintained
so that they provide an effective fire break.
(3)
(4)
All structures shall meet the following specifications:
(a)
Roofs and exteriors will be constructed of fire-resistant
materials such as asphalt rag felt roofing, tile, slate, asbestos
cement shingles, sheet iron, aluminum or brick. Fire-retardant-treated
wood shingles or shake-type roofs are prohibited in high or extreme
fire hazard areas.
[Amended 4-6-1989 by Ord. No. 11-1989]
(b)
All projections such as balconies, decks and
roof gables shall be constructed of fire-resistant materials or materials
treated with fire-retardant chemicals.
(c)
Chimneys and stovepipes which are designed to
burn solid or liquid fuels shall be equipped with screens over the
outlets.
(d)
Flat roofs shall be prohibited in areas where
vegetation is higher than the roof.
(5)
All proposed development or units or sections thereof
of 25 dwelling units or more shall have two accessways of width and
surface composition sufficient to accommodate fire-fighting equipment.
[Added 4-6-1989 by Ord. No. 11-1989]
(6)
All residential development of 100 dwelling units
or more in high or extremely high-hazard areas will have a two-hundred-foot
perimeter fuel break between all structures and the forest in which:
[Added 4-6-1989 by Ord. No. 11-1989]
(a)
Shrubs, understory trees, bushes and ground
cover are selectively removed, mowed or pruned and maintained on an
annual basis.
(b)
All dead plant material is removed.
(c)
Roads, rights-of-way, wetlands and waste disposal
sites shall be used as fire breaks to the maximum extent practical.
(d)
There is a specific program for maintenance.
K.
Recreation. All recreation areas and facilities in
the Pinelands Area shall be designed in accordance with N.J.A.C. 7:50-6.143(a)(2)
and 7:50-6.144(a)1-3 and with the New Jersey Department of Environmental
Protection's publication, Administration Guidelines: Barrier Free
Design Standards for Parks and Recreational Facilities.
[Amended 4-11-1989 by Ord. No. 11-1989]
L.
Historic resource preservation.
[Amended 4-6-1989 by Ord. No. 11-1989]
(1)
The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the Township Council for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to Subsection L(5) below.
(2)
Authority to issue certificates of appropriateness.
(3)
Certificates of appropriateness shall be required
for the following:
(a)
Construction, encroachment upon, alteration,
remodeling, removal, disturbance or demolition of any resource designated
by the Township Council or the Pinelands Commission pursuant to N.J.A.C.
7:50-6.154 or any action which renders such a site inaccessible; and
(b)
Development not otherwise exempted from review pursuant to § 190-66A(2) of this chapter where a significant resource has been identified pursuant to Subsection L(5) below.
(4)
Applications for certificates of appropriateness shall
include the information specified in N.J.A.C. 7:50 6.156(b).
(5)
A cultural resource survey shall accompany all applications
for development in the Pinelands Village Residential District and
all applications for major development in order to determine whether
any significant historic resources exist on the parcel. Guidelines
for this survey are contained in Appendix B of the Cultural Resource
Management Plan, dated April 1991, as amended. In general, the survey
shall include a statement as to the presence of any properties listed
on the National and State Registers of Historic Places on the site
or within the area of the projects' potential environmental impacts;
a thorough search of state, local and any other pertinent inventories
to identify sites of potential significance; a review of the literature
and consultation with professional and avocational archaeologists
knowledgeable about the area; thorough pedestrian and natural resources
surveys; archaeological testing as necessary to provide reasonable
evidence of the presence or absence of historic resources of significance;
adequate recording of the information gained and methodologies and
sources used; and a list of personnel involved and qualifications
of the person(s) performing the survey.
[Amended 4-3-1997 by Ord. No. 1-1997]
(6)
The standards governing the issuance of certificates
of appropriateness in N.J.A.C. 7:506.156(c) shall be followed by the
Planning Board and Board of Adjustment.
(7)
The effect of the issuance of a certificate of appropriateness
is as follows:
(a)
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection L(7)(b) below.
(b)
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection L(5) above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the governing body pursuant to N.J.S.A. 40:55D-1 et seq. within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.
[Amended 4-3-1997 by Ord. No. 1-1997]
(8)
The following information will be required to document
resources which are not found to be significant but which are otherwise
found to present graphic evidence of a cultural activity:
(a)
A narrative description of the resource and
its cultural environment.
(b)
Photographic documentation to record the exterior
appearance of buildings, structures and engineering resources.
(c)
A site plan depicting in correct scale the location
of all buildings, structures and engineering resources.
(d)
A New Jersey State inventory form as published
by the New Jersey Department of Environmental Protection for buildings
and a narrative description of any process or technology, if necessary,
to elaborate upon the photographic record.
(9)
If archaeological data is discovered on a site at
any time after construction has been commenced, the developer shall
immediately cease construction, notify the Planning Board and the
Pinelands Commission and take all reasonable steps to protect the
archaeological data in accordance with the Guidelines for the Recovery
of Scientific, Prehistoric, Historic and Archaeological Data: Procedures
for Notification, Reporting and Data Recovery (36 CFR 66).
M.
Pinelands development credits.
(1)
Pinelands development credits established.
[Amended 5-6-1983 by Ord. No. 7-1983; 4-6-1989 by Ord. No.
11-1989]
(a)
Except for land which was owned by a public agency on January 14, 1981, land which is thereafter purchased by the state for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses or land otherwise excluded from entitlement in Subsection M(1)(b) below, every parcel of land in the Preservation District, Agricultural Residential District, Agricultural Production District or Special Agricultural Production District shall have a use right known as "Pinelands development credits" that can be used to secure a density bonus for lands located in a Regional Growth Area District and in other portions of the Pinelands Area in special cases. Pinelands development credits may also be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
[Amended 9-16-1993 by Ord. No. 11-1993]
(b)
Pinelands development credits are hereby established
at the following ratios:
[1]
In the Preservation District:
[a]
Uplands which are undisturbed but
currently or previously approved for resource extraction pursuant
to this chapter: two Pinelands development credits per 39 acres.
[Amended 4-3-1997 by Ord. No. 1-1997]
[b]
Uplands which are mined as a result
of a resource extraction permit approved pursuant to this chapter:
zero Pinelands development credits per 39 acres.
[c]
Other uplands: one Pinelands development
credit per 39 acres.
[d]
Wetlands in active field agriculture
use currently and as of February 7, 1979: two Pinelands development
credits per 39 acres.
[Amended 4-3-1997 by Ord. No. 1-1997]
[2]
In the Agricultural Production, Agricultural
Residential and Special Agricultural Production Districts:
[a]
Uplands which are undisturbed but
approved for resource extraction pursuant to this chapter: two Pinelands
development credits per 39 acres.
[b]
Uplands which are mined as a result
of a resource extraction permit approved pursuant to this chapter:
zero Pinelands development credits per 39 acres.
[c]
Other uplands and acres of active
berry agricultural bogs and fields: two Pinelands development credits
per 39 acres.
[d]
Wetlands in active field agricultural
use as of February 7, 1979: two Pinelands development credits per
39 acres.
[e]
Other wetlands: zero and two-tenths
(0.2) Pinelands development credits per 39 acres.
(c)
The allocations established in Subsection M(1)(b) above shall be reduced as follows:
[Amended 9-16-1993 by Ord. No. 11-1993]
[1]
Any property of 10 acres or less which is developed
for a commercial, industrial, resource extraction, intensive recreation,
institutional, campground or landfill use shall not receive Pinelands
development credit entitlement. For such an improved property of more
than 10 acres, the area actively used for such use or 10 acres, whichever
is greater, shall not receive Pinelands development credit entitlement.
[2]
The Pinelands development credit entitlement
of a parcel of land shall be reduced by 0.25 Pinelands development
credit for each existing dwelling unit on the property.
[3]
The Pinelands development credit entitlement for a parcel of land shall be reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit on the parcel retained by the owner of the property pursuant to § 190-50M(2)(b) below or when a variance for cultural housing is approved by the Township pursuant to § 190-50Q of this chapter.
[4]
The Pinelands development credit entitlement
for a parcel of land shall also be reduced by 0.25 Pinelands development
credit for each dwelling unit approved pursuant to N.J.A.C. 7:50-4.61
when a waiver of strict compliance is granted by the Pinelands Commission.
(d)
The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit at the same ratio established in Subsection M(1)(b) above.
(e)
Notwithstanding the provisions above, the owner
of record of 0.1 or greater acres of land in the Preservation District,
Agricultural Residential District, Agricultural Production District
or Special Agricultural Production District as of February 7, 1979,
shall be entitled to 0.25 Pinelands development credits, provided
that the parcel of land is vacant, was not in common ownership with
any contiguous land on or after February 7, 1979 and has not been
sold or transferred except to a member of the owner's immediate family.
[Amended 9-16-1993 by Ord. No. 11-1993; 4-3-1997 by Ord. No. 1-1997]
(f)
The provisions of Subsection M(1)(e) above shall also apply to owners of record of less than 0.1 acre of land in the Preservation District, Agricultural Residential District, Agricultural Production District or Special Agricultural Production District, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsections M(1)(b) above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.1 of an acre.
[Added 4-3-1997 by Ord. No. 1-1997]
(2)
Limitations on use of Pinelands development credits.
[Amended 4-6-1989 by Ord. No. 11-1989]
(a)
No Pinelands development credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands development credit certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3 and has deed restricted the use of the land in perpetuity to those uses set forth in Subsection M(5)(b) below by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.
[Amended 4-3-1997 by Ord. No. 1-1997]
(b)
Notwithstanding the provision of Subsection M(2)(a) above, an owner of property from which Pinelands development credits are sold may retain a right for residential development on that property, provided that the recorded deed restriction expressly provides for the same and that the total allocation of Pinelands development credits for that property is reduced by zero and twenty-five hundredths (0.25) Pinelands development credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.
[Amended 9-16-1993 by Ord. No. 11-1993]
(3)
Pinelands development credit bonus multipliers. Pinelands
development credits which are used for securing a density bonus for
parcels of land located in a Regional Growth District shall yield
a bonus of four dwelling units per credit.
(4)
Aggregation of development credits. Pinelands development
credits may be aggregated from different parcels for use in securing
a bonus for a single parcel of land in a Regional Growth District.
(5)
Recordation of deed restrictions.
[Amended 4-6-1989 by Ord. No. 11-1989]
(a)
No conveyance, sale or transfer of Pinelands
development credits shall occur until the municipality with jurisdiction
over the parcel of land from which the Pinelands development credits
were obtained, the agency or organization to which the restriction
is in favor and the Pinelands Commission have been provided with evidence
of recordation of a restriction on the deed to the land from which
the development credits were obtained.
(b)
Such deed restriction shall specify the number
of Pinelands development credits sold and that the property may only
be used in perpetuity for the following uses:
[Amended 9-16-1993 by Ord. No. 11-1993; 12-19-2012 by Ord. No.
17-2012; 8-7-2019 by Ord. No. 24-2019]
[1]
In the Preservation District: berry agriculture; horticulture
of native Pinelands plants; forestry; beekeeping; fish and wildlife
management; wetlands management; agricultural employee housing as
an accessory use; low-intensity recreational uses in which the use
of motorized vehicles is not permitted except for necessary transportation,
access to water bodies is limited to no more than 15 feet of frontage
per 1,000 feet of frontage on the water body, clearing of vegetation
does not exceed 5% of the parcel, and no more than 1% of the parcel
will be covered with impervious surfaces; and accessory uses.
[2]
In the Special Agricultural Production District: berry agriculture;
horticulture of native Pinelands plants; forestry; beekeeping; agricultural
employee housing as an accessory use; fish and wildlife management;
wetlands management; and accessory uses.
[3]
In the Agricultural Production District and Agricultural Residential
District: agriculture; forestry; agricultural employee housing as
an accessory use; low-intensity recreational uses in which the use
of motorized vehicles is not permitted except for necessary transportation,
access to water bodies is limited to no more than 15 feet of frontage
per 1,000 feet of frontage on the water body, clearing of vegetation
does not exceed 5% of the parcel, and no more than 1% of the parcel
will be covered with impervious surfaces; fish and wildlife management;
wetlands management; agricultural commercial establishments, excluding
supermarkets and restaurants and convenience stores, where the principal
goods or products available for sale were produced in the Pinelands
and the sales area does not exceed 5,000 square feet; airports and
heliports accessory to agricultural uses and which are used exclusively
for the storage, fueling, loading and operation of aircraft as part
of an ongoing agricultural operation; agricultural products processing
facilities; and accessory uses.
(6)
No development involving the use of Pinelands development
credits shall be approved until the Pinelands Commission has certified
that the Pinelands development credits proposed for use meet the requirements
outlined in N.J.A.C. 7:50, Subchapter 5, Part 4.
(7)
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Township approving authority may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 190-66D and to the New Jersey Pinelands Development Credit Bank in accordance with N.J,A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6 prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.
[Added 4-6-1989 by Ord. No. 11-1989;
amended 9-16-1993 by Ord. No. 11-1993; 4-3-1997 by Ord. No. 1-1997; 7-12-2001 by Ord. No.
12-2001]
(8)
Pinelands development credits shall be used in the
following manner:
[Added 4-6-1989 by Ord. No. 11-1989;
amended 9-16-1993 by Ord. No. 11-1993]
(b)
When a variance of density or minimum lot area
requirements for the R-60, R-80, R-96, R-200, R-1, R-I, R-A or MH
Districts or for the Regional Growth Area of the R-3 District is granted
by the Township, Pinelands development credits shall be used for all
dwelling units or lots in excess of that permitted without the variance.
[Amended 4-3-1997 by Ord. No. 1-1997]
(c)
When a variance or other approval for a nonresidential
use not otherwise permitted in the R-1 or R-A Districts is granted
by the Township, Pinelands development credits shall be used at 50%
of the maximum rate permitted for Pinelands development credit use
in the zone in which the nonresidential use will be located for parcels
under 10 acres in size; at 75% of the maximum rate for parcels between
10 and 20 acres in size; and at 100% of the maximum rate for parcels
over 20 acres in size. This requirement shall not apply to a variance
or other approval which authorizes the expansion of or changes to
existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.
[Amended 7-12-2001 by Ord. No. 12-2001]
(d)
When a variance or other approval for a residential
use in the TC, HD or GI Districts or in the Regional Growth Area portion
of the GCLI District is granted by the Township, Pinelands development
credits shall be used for 50% of the authorized units for parcels
under 10 acres in size; for 75% of the authorized units for parcels
between 10 and 20 acres in size; and for 100% of the authorized units
for parcels over 20 acres in size.
[Amended 7-12-2001 by Ord. No. 12-2001]
(e)
When a variance for cultural housing is granted by the Township in accordance with § 190-50Q of this chapter.
(f)
When a waiver of strict compliance is granted
by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
(g)
When a variance of density or lot area requirements
for a residential or principal nonresidential use in the PV District
is granted by the Township, Pinelands development credits shall be
used for all dwelling units or lots in excess of that permitted without
the variance.
[Added 4-3-1997 by Ord. No. 1-1997]
N.
Energy conservation. All development shall be carried
out in a manner which promotes energy conservation and maximizes active
and passive solar energy in accordance with any applicable statutes.
Such measures may include orientation of buildings, landscaping to
permit solar access and the use of energy-conserving building materials.
[Added 5-6-1983 by Ord. No. 7-1983]
O.
Air quality.
[Added 5-6-1983 by Ord. No. 7-1983;
amended 4-6-1989 by Ord. No. 11-1989]
(1)
All development shall adhere to the relevant air quality
standards of N.J.A.C. 7:27 et seq. Adherence to the standards of this
section shall be determined by means of an air quality simulation
model approved by the New Jersey Department of Environmental Protection
pursuant to N.J.A.C. 7:27-18.3.
[Amended 4-3-1997 by Ord. No. 1-1997]
(2)
Applications for the following developments shall
ensure that all state ambient air quality standards in N.J.A.C. 7:27
et seq. for carbon monoxide shall not be exceeded at places of maximum
concentration and at sensitive receptors:
(a)
Residential development of 50 or more units
and any other development involving more than 100 parking spaces located
in the Regional Growth Area; and
(b)
Residential development of 100 or more units
and any other development involving more than 300 parking spaces located
in any other part of the Pinelands Area.
P.
Cultural housing. Residential dwelling units on lots
of 3.2 acres may be permitted in any district in the Pinelands Area,
provided that:
[Added 4-6-1989 by Ord. No. 11-1989;
amended 4-3-1997 by Ord. No. 1-1997]
(1)
The dwelling unit will be the principal residence
of the property owner or a member of the immediate family of the property
owner;
(2)
The individual whose principal residence the dwelling
unit will be has not developed a dwelling unit under this section
within the previous five years;
(3)
The parcel of land on which the dwelling is to be
located has been in the continuous ownership since February 7, 1979,
of the person whose principal residence the dwelling unit will be,
a member of that person's immediate family or a partnership or corporation
in which members of that person's immediate family collectively own
more than a majority interest in such partnership or corporation;
and
(4)
The person whose principal residence the dwelling
unit will be has resided in the Pinelands for at least five years
and that person or one or more members of that person's immediate
family has resided in the Pinelands for a total of at least 20 different
years.
Q.
Additional provisions for cultural housing. Residential
dwelling units on lots of 1.0 acre may be permitted within any district
within the Pinelands Area, provided that:
[Added 9-16-1993 by Ord. No. 11-1993]
(2)
The lot to be developed existed as of February 8,
1979, or was created as a result of an approval granted by the Pinelands
Development Review Board or by the Pinelands Commission pursuant to
the Interim Rules and Regulations prior to January 14, 1981.
(3)
The applicant qualifies for and receives from the Township a variance from the three-and-two-tenths-acre lot size requirement set forth in § 190-50P above.
(4)
The applicant purchases and redeems twenty-five hundredths
(0.25) Pinelands development credits.
(5)
Any Pinelands development credits allocated to the lot to be developed are reduced pursuant to § 190-50M(2)(b) of this chapter.
R.
Density transfer program. Residential dwelling units
on lots of at least 1.0 acre existing as of January 14, 1981, shall
be permitted in the R-100, R-17 and R-6 Districts and in the Rural
Development Area portion of the R-3 District, provided that:
[Added 9-16-1993 by Ord. No. 11-1993; amended 5-19-1994 by Ord. No. 4-1994]
(1)
The owner of the lot proposed for development acquires
sufficient density transfer development rights (DTDR's) according
to the following schedule so that the combination of land and development
rights equals the required minimum lot area:
(a)
Within the R-100 and R-17 Districts, DTDR's
shall be acquired from vacant land within either district in an amount
equal to or more than the area needed to meet the minimum lot size
requirement of 17 acres.
(b)
Within the R-6 District, DTDR's shall be acquired
from vacant land in the R-6 District in an amount equal to or more
than the area needed to meet the minimum lot size requirement of six
acres. If DTDR's are acquired from vacant land in the Rural Development
Area of the R-3 District, the combination of land and DTDR's must
equal at least 3.6 acres.
(c)
Within the Rural Development Area of the R-3
District, DTDR's shall be acquired from vacant land in the Rural Development
Area portion of the R-3 District in an amount equal to or more than
the area needed to meet the minimum lot size requirement of 3.2 acres.
If DTDR's are acquired from vacant land in the R-6 District, the combination
of land and DTDRs must equal at least five acres.
(2)
If development is proposed in the R-100 District,
all lands from which DTDRs are acquired pursuant to Subsection A(1)
above are located within the R-100 or R-17 District.
(3)
If development is proposed in the R-17 District, all
lands from which DTDRs are acquired pursuant to Subsection A(1) above
are located within the R-100 or R-17 District.
(4)
If development is proposed in the R-3 District, all
lands from which DTDRs are acquired pursuant to Subsection A(1) above
are located within the Rural Development Area of the R-3 District
or within the R-6 District.
(5)
If development is proposed in the R-6 District, all
lands from which DTDRs are acquired pursuant to Subsection A(1) above
are located within the R-6 District or within the Rural Development
Area of the R-3 District.
(6)
All noncontiguous lands from which DTDRs are acquired pursuant to Subsection R(1) through (5) above shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:
[Amended 12-19-2012 by Ord. No. 17-2012]
(a)
The deed of restriction shall permit the parcel to be managed
for:
[1]
Low-intensity recreation, ecological management and forestry,
provided that no more than 5% of the land may be cleared, no more
than 1% of the land may be covered with impervious surfaces, and any
such uses or activities are approved and conducted in accordance with
the requirements of this chapter.
[2]
Where agricultural use exists on a parcel proposed to be protected,
the following standards shall apply:
[a]
For those agricultural uses in existence as of
April 6, 2009, the deed of restriction may provide for the continuation
of agricultural uses and the expansion of the area of agricultural
use by up to 50%;
[b]
For those agricultural uses established after April
6, 2009, the deed of restriction may provide for the continuation
of agricultural uses, provided the agricultural use has been in existence
for a period of at least five years prior to submission of an application
for density transfer;
[c]
For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection R[2][b] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection R[1] above and shall not provide for continuation of any agricultural use on the parcel; and
[d]
The deed of restriction to be recorded pursuant
to Subsection R[2][a] or [b] above shall authorize agricultural uses
and provide that impervious surface may not exceed that which currently
exists or 3%, whichever is greater, unless a Resource Management System
Plan has been prepared. Before these impervious surface limits may
be exceeded, evidence of Pinelands Commission approval of the Resource
Management System Plan shall be provided. If the deed of restriction
is in favor of Burlington County or the State Agricultural Development
Committee, evidence of their approval shall also be provided.
(b)
The deed of restriction shall be in favor of the parcel to be
developed and the Township or another public agency or nonprofit conservation
organization. In all cases, such restriction shall be expressly enforceable
by the Pinelands Commission. The deed restriction shall be in a form
to be approved by the Township Solicitor and the Pinelands Commission.
(7)
If the owner of the lot proposed for development owns a sufficient amount of vacant noncontiguous land as of the effective date of this chapter, said lands may be used to meet the acreage requirements of Subsection R(1) above, without the need to purchase DTDRs. The requirements of Subsection R(2) through (5) above for the location of DTDRs must also be met for the location of noncontiguous lands, all of which shall be deed-restricted in accordance with Subsection R(6) above.
(8)
Tax assessments for any acquired noncontiguous lands
are combined and assigned to the land to be developed.
S.
Residential cluster development in the R-17, R-3 and R-6 Districts.
In the R-17, R-3 and R-6 Districts, clustering of single-family detached
dwellings shall be required whenever two or more units are proposed
as part of a residential development. The following standards shall
apply:
[Added 12-19-2012 by Ord. No. 17-2012]
(2)
The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection S(1) above, with a bonus applied as follows:
Parcel Size
(acres)
|
R-3 District
|
R-6 District
|
R-17 District
|
---|---|---|---|
<50
|
0
|
0
|
0
|
50-99.99
|
10%
|
15%
|
20%
|
100-149.99
|
15%
|
20%
|
25%
|
>150
|
20%
|
25%
|
30%
|
(3)
The residential cluster shall be located on the parcel such that
the development area:
(4)
Development within the residential cluster shall be designed as follows:
(a)
Residential lots shall be one acre in size but may be larger
if dictated by unusual site conditions. In no case shall the average
size of residential lots within a cluster exceed 1.1 acres;
(b)
The minimum yard and bulk requirements specified for clustered
detached dwellings in the Schedules of Area and Yard Requirements
shall apply;
(c)
Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of § 190-50H(2)(d) may serve the lots within the cluster development area. However, in the event that existing agricultural uses will continue on the parcel in accordance with Subsection S(5)(b)[2] below, individual on-site septic wastewater treatment systems shall comply with the standards of § 190-50H(2)(e) or 190-50.3. Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of § 190-50H(2)(e) or 190-50.3 shall also be permitted;
(d)
The residential cluster development area shall include such
land and facilities as are necessary to support the development, including
wastewater facilities, stormwater management facilities and recreation
amenities; and
(e)
Permitted recreation amenities may include playgrounds, tot
lots, swimming pools, tennis courts and other such recreational facilities,
which are solely for use by the residents of the cluster development.
Recreational amenities shall not be limited to the foregoing so that
the applicant may propose additional facilities. All such facilities
shall be accessory to the residential cluster development. No advertising
or commercial enterprise shall be permitted. In no case may such amenities
occupy more than 1/2 acre of land or the equivalent of one acre of
land for every 25 residential lots, whichever is greater.
(5)
The balance of the parcel located outside of the residential cluster
development shall be owned and managed by a duly constituted homeowners'
association, a nonprofit conservation organization, Pemberton Township
or incorporated as part of one of the lots within the cluster development
area.
(a)
All such land shall be permanently protected through recordation
of a deed of conservation restriction. Such restriction shall be in
favor Pemberton Township or another public agency or nonprofit conservation
organization. In all cases, such restriction shall be expressly enforceable
by the Pinelands Commission; and
(b)
The deed of restriction shall permit the parcel to be managed
for:
[1]
Low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 190;
[2]
Where agricultural use exists on a parcel proposed for cluster
development, the following standards shall apply:
[a]
For those agricultural uses in existence as of
April 6, 2009, the deed of restriction may provide for the continuation
of agricultural uses and the expansion of the area of agricultural
use by up to 50%;
[b]
For those agricultural uses established after April
6, 2009, the deed of restriction may provide for the continuation
of agricultural uses, provided the agricultural use has been in existence
for a period of at least five years prior to submission of an application
for cluster development;
[c]
For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection S(5)(b)[2][a] or [b] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection S(5)(b)[1] above and shall not provide for continuation of any agricultural use on the parcel;
[d]
The deed of restriction to be recorded pursuant
to Subsection S(5)(b)[2][a] or [b] above shall authorize agricultural
uses and provide that impervious surface may not exceed that which
currently exists or 3%, whichever is greater, unless a Resource Management
System Plan has been prepared. Before these impervious surface limits
may be exceeded, evidence of Pinelands Commission approval of the
Resource Management System Plan shall be provided. If the deed of
restriction is in favor of Burlington County or the State Agricultural
Development Committee, evidence of their approval shall also be provided;
and
[e]
For parcels which meet the standards of Subsection
S(5)(b)[2][a] or [b] above, a provision shall be recorded in the deed
for each residential lot within the cluster development area which
acknowledges agricultural use of the protected land outside the cluster
development area and recognizes the legal protections afforded to
that use through the deed of restriction and any applicable statutes.
[Added 9-15-1988 by Ord. No. 25-1988; amended 9-18-2013 by Ord. No. 17-2013]
A.
Purpose. It is the purpose of this section to ameliorate certain personal hardships arising from the enactment of Article II of Ord. No. 15-1988,[1] which limits the number of dogs permitted on residential
premises to four. The personal hardship is particularly pronounced
with those individuals who have more than four dogs which they have
either bred, raised, kept or keep for show. Therefore, this section
is intended to permit such kennels in established zones and to establish
certain regulations relating to the same.
B.
ADULT DOG
BOARDING
KENNEL
OWNER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
[Added 12-4-2013 by Ord. No. 22-2013]
The act of providing food and shelter to dogs, regardless
of whether it involves an overnight stay, for a fee, at the request
of the owner or caretaker.
[Added 12-4-2013 by Ord. No. 22-2013]
Any building, structure, premises or establishment in which
more than four dogs are kept, harbored or maintained at any one time
for breeding, boarding, grooming, sale and/or show purposes.
When applied to the proprietorship of a dog, every person
having a right of property in such dog and every person who has such
dog in his/her keeping.
[Added 12-4-2013 by Ord. No. 22-2013]
C.
Permitted use.
(1)
Establishment.
(a)
There is hereby established in the following zones within the
Township of Pemberton authority to establish kennels, which shall
be a permitted use accessory to the principal use in said zones:
AP Agricultural Production
|
AR Agricultural Residential
|
P Preservation
|
R-6 Residential
|
R-17 Residential
|
(b)
Any person desirous of operating or owning a kennel shall follow
the procedures for obtaining approval of the use from the Township
Planning Board as set forth in § 190-56(A)(1) through (4)
of the Code of the Township of Pemberton.
(2)
Within the Residential R-6 and R-17 Districts, no kennel shall
be permitted on a lot of less than one acre, where up to five dogs
shall be permitted. The number of dogs kept may be increased to no
more than 10 on two acres, and the number of dogs kept may be increased
to no more than 15 on three acres. No more than 15 dogs shall be permitted
in the R-6 and R-17 Zones. Within the Agricultural Production AP,
Agricultural Residential AR and Preservation P Districts, the number
of dogs for boarding purposes only may be increased to no more than
five dogs per acre, and no more than 20 dogs shall be permitted in
the AP, AR, and P Zones, the Township Council declaring that such
constitutes a nuisance in terms of noise, odor and other concerns.
[Amended 12-4-2013 by Ord. No. 22-2013]
(3)
No kennel shall be permitted unless it is located on a lot upon
which is also situated a principal residential use.
(4)
No kennel or facilities appertaining thereto (dog runs, housing
facilities, training areas, etc.) shall be permitted within 50 feet
of any adjoining property line, street, alley, governmental right-of-way
or boundary of any type; and none shall be permitted in the front
yard area of any lot. In areas where a kennel is proposed adjacent
to an existing residential lot with a dwelling, the minimum setback
distance shall be 100 feet.
(5)
All properties upon which kennels are located shall be properly
buffered to minimize the noise created by the dogs. Buffer requirements
shall be as directed by the appropriate reviewing agency in the course
of its site plan review. However, each agency shall require, as part
of its site plan review, that the applicant construct a six-foot stockade
fence in order to minimize the noise created by the dogs. Only that
part of the property which is allocable to the kennel activities themselves
(dog run, training area, etc.) need be fenced and not the entire property.
Additionally, there need not be a fence around any building which
actually houses the dogs. Site plan review may not be waived.
(6)
All kennels shall be required to obtain minor site plan approval
prior to licensure.
D.
Standards of operation.
(1)
All kennels shall be required to comply with the provisions
of the Rules and Regulations Governing the Operation and Maintenance
of Kennels, Pet Shops, Shelters and Pounds, promulgated by the New
Jersey State Department of Health, codified at N.J.A.C. 8:23-3.1 et
seq., and all amendments and supplements thereto, which are incorporated
herein by reference and made a part hereof. Enforcement shall be by
the Director of Community Development or his/her designee.
[Amended 12-4-2013 by Ord. No. 22-2013]
(2)
Kennels shall not be open for the pickup or drop off of dogs
before 7:30 a.m. or after 7:30 p.m., Monday through Friday, and before
8:30 a.m. or after 7:30 p.m. on weekends and holidays.
(3)
Each kennel must provide a sleeping area of at least 20 square
feet per dog. Each kennel must provide an exercise area of at least
26 square feet for dogs up to 24 inches high at shoulder and 36 square
feet for dogs in excess of 24 inches high at shoulder, which is separate
from the bedding area and exclusive to the kennel, for free use by
the dog at all times except at night.
[Amended 12-4-2013 by Ord. No. 22-2013]
(a)
Kennels must have a minimum height of six feet to facilitate
adequate access by kennel staff for cleaning.
(4)
Kennels and exercise areas must open onto secure corridors or
other secure areas so that dogs are unable to escape. Exercise areas
must not be used as bedding areas.
(5)
Suitable bedding equipment must be provided which allows the
dog to be comfortable and which is capable of being easily cleaned
and sanitized. All bedding material must be maintained in a clean,
parasite-free and dry condition.
E.
Licensure.
(1)
No kennel may be owned or operated within the Township of Pemberton
unless the owner thereof has obtained a license from the Township
Clerk or other agent designated by the governing body.
(2)
The application shall be on a form approved by resolution of
the governing body and shall include, at a minimum, the information
required under N.J.S.A. 4:19-15.8, as well as proof that the applicant
has received approval for the use from the local Planning or Zoning
Board and, if conditional approval was received, that all conditions
have been met.
(3)
The annual license fee for a kennel with 10 or fewer dogs shall be $10; and for more than 10 dogs, $25. This fee shall be in addition to the fees required under § 94-4 of the Code of the Township of Pemberton relating to license and registration fees for each dog.
(4)
The initial inspection fee for a kennel, regardless of the number
of dogs, shall be $100 and shall be paid before a kennel can be licensed.
The annual renewal fee for inspections shall be $25 and shall be paid
with the annual license renewal. In the event that the inspection
reveals deficiencies requiring reinspection, the licensee shall have
30 days to correct the problems. A fee of $25 shall be paid for each
reinspection.
(5)
Licenses shall be issued annually and shall expire on June 30
of each year.
F.
Enforcement. The terms of this section shall be enforceable by the
Township's Animal Control Officer(s), Zoning Officer(s), Code Enforcement
Officer(s), Health Officer(s) and/or any law enforcement officers
of the Township of Pemberton.
G.
Violations and penalties. Any person, firm or corporation who violates
any of the terms of this section and who refuses to abate said violation
within five days after written notice has been served upon him or
it by regular and certified mail, return receipt requested, or personally
shall, for each and every violation, be subject to a fine of not more
than $1,000 or imprisonment for not more than 90 days or to community
service for a period not to exceed 90 days. Each and every day that
such violation continues after such notice shall be considered a separate
and specific violation of this section without the need for additional
notice.
H.
Civil remedies. In the event that any kennel is constructed, erected,
operated or used in violation of this section, the Township may institute
an action to enjoin or take any other appropriate action or proceeding
to prevent such use, including forfeiture of the license. In the further
event that the Township prevails in such action or proceeding, the
offending violator will be liable to reimburse the Township for its
reasonable attorneys' fees and costs incurred in such proceeding.
[Added 8-17-2000 by Ord. No. 9-2000[1]]
A.
Permitted as conditional uses in nonresidential zones.
(1)
Subject to the conditions set forth in this
section and to site plan approval, except as otherwise provided below,
new telecommunications towers and antennas shall be permitted as conditional
uses in all nonresidential zoning districts within the Township of
Pemberton outside of the Pinelands Area, in all nonresidential zoning
districts except the TC District in the Pinelands Regional Growth
Area, in the developed portions of military and federal installation
areas and on the following public owned properties: Block 812, Lot
9.02 (Township Municipal Complex); on the water tower on Block 117,
Lot 46 (Township-owned water tower on Beech Street); and on the water
tower on Block 941, Lot 2 and Block 773, Lots 3 and 4 (Stackhouse
School water tower on Trenton Road owned by School Board). Further,
towers shall be permitted as conditional uses in those areas authorized
by the Pinelands Commission under the Comprehensive Plan for Wireless
Communications Facilities in the Pinelands, (approved by the Pinelands
Commission on September 11, 1998), and the PCS Phone Facilities Plan,
(approved by the Pinelands Commission on January 14, 2000).
(2)
Telecommunications towers and antennas shall
not be permitted in the AR Agricultural Residential District; AP Agricultural
Production District; P Preservation District; R-60, R-80, R-96, R-100
and R-200 Single-Family and Two-Family Residential District; R-1 and
R-3 Single-Family Residential Districts; R-1 Infill Single-Family
Residential District; R-A Infill Residential District With Planned
Retirement Community Conditional Use; R-6 Single-Family Residential
District; R-17 Single-Family Residential District; MH Mobile Home
Residential District; PV Pinelands Village Residential District; or
TC Town Center District.
B.
Preexisting towers and antennas. Wireless telecommunications
towers that existed on the date of the adoption of this section (nonconforming
wireless telecommunications tower) are subject to the following provisions:
(1)
Nonconforming wireless telecommunications towers
may continue in use for the purpose now used, but may not be expanded
(i.e., by increasing size or height or by adding additional users)
without complying with this section.
(2)
Nonconforming wireless telecommunications towers
which are partially damaged or destroyed due to any reason or cause
may be repaired and restored to their former use, location and physical
dimensions subject to obtaining a building permit therefor, but without
otherwise complying with this section. However, should the destruction
or damage be determined by the Pemberton Zoning Board to be of such
an extent that it is beyond the scope and intent of the "partial destruction"
clause of N.J.S.A. 40:55D-68, then repair or restoration will require
compliance with this section.
(3)
The owner of any nonconforming wireless telecommunications
tower may repair, rebuild and/or upgrade (but not expand such telecommunications
tower or increase its height or reduce the setbacks) in order to improve
the structural integrity of the facility, to allow the facility to
accommodate collocated antennas or facilities or to upgrade the facilities
to current engineering, technological or communications standards
without having to conform to the provisions of this section.
C.
General requirements for towers and antennas.
(1)
All local communications facilities subject
to the provisions herein located within the Pinelands Area must meet
the standards of the N.J.A.C. 7:50-5.4 of the Pinelands Comprehensive
Management Plan and any comprehensive plan for such facilities approved
by the Pinelands Commission in accordance with N.J.A.C. 7:50-5.4(c)6.
(2)
Locational priority. If needed in accordance with an overall comprehensive plan for the provision of full wireless telecommunications services within the Pemberton Township area, wireless telecommunications towers, where permitted as a conditional use in accordance with § 190-50.2A above shall be located in accordance with the following locations:
(a)
Existing towers. The first priority location
shall be collocation on existing telecommunications towers used for
transmitting or receiving analog, digital, microwave, cellular, telephone,
personal wireless service or similar forms of an electronic communication;
provided, however, that locations which meet this criteria shall be
subject to the design and citing components of this section, and collocation
sites shall not become "antenna farms" or otherwise be deemed by the
land use board to be visually obtrusive;
(b)
Publicly used structures. The second priority
location shall be on land or structures owned by, in order of specific
preference: the Township of Pemberton; the Board of Education of the
Township of Pemberton; the County of Burlington; the State of New
Jersey; any other state, county or local governmental agencies or
bodies. These publicly used structures are preferred locations throughout
the Township because they appear in many zoning districts, are disbursed
throughout the Township and, due to their institutional or infrastructure
uses, are generally similar in appearance to, or readily adaptable
for, telecommunications facilities. Therefore, telecommunications
facilities should be less noticeable when placed on publicly used
structures than when placed on a commercial or residential structure.
Publicly used structures include, but are not limited to, facilities
such as municipal buildings, police or fire stations, schools, libraries,
community centers, civic centers, utility structures, water towers,
elevated roadways, bridges, flag poles, clock or bell towers and light
poles.
(c)
The third priority location shall be wholly
industrial and commercial structures such as warehouses, factories,
retail outlets, supermarkets, banks, garages or service stations,
particularly where existing visual obstructions or clutter on the
roof or along a roof line can and will be removed as part of the installation
of the telecommunications facility.
(d)
The fourth priority location shall be such locations
as the applicant proves are essential to provide required service
to the Pemberton Township area.
(3)
The total number of local communications facilities
in the municipality shall be the minimum necessary to provide adequate
service. As such, no application for construction of a local communications
facility shall be approved until the applicant has demonstrated that
there is a need for the facility and that there is no such existing,
suitable facility within the service area that could be utilized.
Citation in a certified plan by the Pinelands Commission shall be
evidence of the general need in the areas but not as to a specific
site.
(4)
No application for construction of a new local
communications facility tower in the Pinelands Area shall be considered
unless the comprehensive plan governing such facilities has been approved
by the Pinelands Commission.
(5)
Within the Pinelands Area, all new local communications
facility towers shall be located within the area consistent with the
service need for the facility, but in no case beyond a five-mile radius
of the area specified in the comprehensive plan. The applicant will
initially determine and demonstrate a technically feasible search
area within this radius.
(6)
If the search area crosses the boundaries of
the Pinelands Area or its management areas, the applicant shall seek
to site the facility in accordance with the Pinelands Commissions'
hierarchical policy for the specific siting of local communications
facilities. This policy requires the following order of preferences:
(a)
Outside the Pinelands, and in accord with the locational priorities established in § 190-50.2C(2) above.
(b)
Pinelands regional growth areas, Pinelands towns
and developed portions of military and federal installation areas.
(c)
Pinelands rural development areas, agricultural
production areas, undeveloped portions of military and federal installation
areas and Pinelands villages other than those expressly identified
in N.J.A.C. 7:50-5.4(c)6.
(d)
Pinelands Preservation Area District special
agricultural production areas, forest areas and the Pinelands villages
expressly identified in N.J.A.C. 7:50-5.4(c)6, provided that the resulting
site does not cause an increase in the number of new towers identified
in a comprehensive plan approved by the Pinelands Commission for this
management area group.
(7)
Within the P Preservation District and R-3,
R-6, R-17 and R-100 Single-Family Residential Districts, new local
communications facility towers which have been authorized through
the Pinelands Commission's approval of a comprehensive plan shall
only be sited in one of the following areas:
(a)
On developed publicly owned lands within 500
feet of an existing structure, provided that the facility will be
located on previously disturbed lands that have not subsequently been
restored and that no facility will be located on state, county or
municipal conservation lands, state recreation lands or county and
municipal lands used for low-intensity recreational purposes.
(b)
On the parcel of an approved resource extraction
operation, provided that the facility will be located on previously
disturbed lands that have not subsequently been restored.
(c)
On the parcel of an existing first aid or fire
station.
(d)
On the parcel of an existing landfill, provided
that the facility will be located on previously disturbed lands that
have not subsequently been restored.
(8)
Local communications facilities shall be located
in accordance with the visual standards of N.J.A.C. 7:50-5.4(c)4ii-v
to the extent feasible and consistent with other provisions contained
herein. These standards require that:
(a)
Such facilities minimize visual impacts as viewed
from publicly dedicated roads and highways and from other areas frequented
by the public by, in order of decreasing priority:
(b)
Such facilities minimize visual impacts as viewed
from existing residential dwellings located on contiguous parcels
through adherence to the buffer and setback requirements established
elsewhere in this section.
(9)
Additionally, if multiple sites for new towers
that meet all other qualifications are available, the site with the
least visual impact should be selected; if only a single qualifying
site is available, the best location on the site that meets all other
standards must be used.
(10)
The design and construction of a new local communications
facility towers shall adhere to the provisions of N.J.A.C. 7:50-6.103-6.105
regarding setbacks from scenic corridors and in environmentally sensitive
areas. Applicants shall employ design strategies intended to mask,
disguise or hide local communications facilities towers so that they
blend into the natural background to the extent possible.
D.
Collocation policy.
(1)
Each applicant for a new telecommunications
tower shall present documentary evidence regarding the need for wireless
antennas within the Township of Pemberton. This information shall
identify the wireless network layout and coverage areas to demonstrate
the need for such equipment within this Township.
(2)
An applicant proposing to erect a new wireless
telecommunications tower shall provide documentary evidence that a
legitimate attempt has been made to locate the antennas on existing
buildings or structures or collocations sites. Such evidence shall
include a radio frequency engineering analysis of the potential suitability
of existing buildings or structures or collocation sites in the search
area for such antennas. Efforts to secure such locations shall be
documented through correspondence between the wireless telecommunications
provider and the property owner(s) of the existing building or structures
or collocation sites. The Township reserves the right to engage a
professional radio frequency engineer to review such documentation,
the cost of which engineer shall be paid from escrow funds supplied
by the applicant.
(3)
Applicants proposing to construct new telecommunications
towers shall document the locations of all existing telecommunications
towers within the Township of Pemberton and surrounding areas with
coverage in the Township, as well as any changes proposed within the
following twelve-month period, including plans for new locations in
the discontinuance or relocation of existing facilities. Applicants
shall provide competent testimony by a radio frequency engineer regarding
the suitability of potential locations in light of the design of the
wireless telecommunications network. Where a suitable location on
an existing tower is found to exist, but an applicant is unable to
secure an agreement to collocate its equipment on such tower, the
applicant shall provide written evidence of correspondence with the
owner of such tower verifying that suitable space is not available
on the existing tower(s). Where an applicant seeking to construct
a new tower is not a wireless service provider, the applicant shall
prove that adequate wireless telecommunications services, sufficient
to meet the requirements of the Federal Telecommunications Act of
1996, as amended, (hereinafter FTA) cannot be provided without the
proposed tower.
E.
Site location alternative analysis. Each application
shall include a site location alternative analysis describing the
location of other sites considered, the availability of those sites,
the extent to which other sites do or do not meet the providers service
or engineering needs and the reason why the subject site was chosen.
The analysis shall address the following issues:
(1)
How the proposed location of the telecommunications
tower relates to the object of providing full wireless communications
services within the Township of Pemberton area.
(2)
How the proposed location of the proposed telecommunications
tower relates to the location of any existing antennas within and
near the Pemberton Township area.
(3)
How the proposed location of the proposed telecommunications
tower relates to the anticipated need for additional antennas within
and near the Pemberton Township area by the applicant and by other
providers of wireless communications services within the Pemberton
Township area.
(4)
How the proposed location of the proposed telecommunications
tower relates to the objective of collocating the antennas of many
different providers of wireless communications services on the same
wireless telecommunications tower.
(5)
How its plans specifically relate to, and are
coordinated with, the needs of all other providers of wireless communications
service within the Pemberton Township area.
F.
State or federal requirement. All towers must meet
or exceed current standards and regulations of the FAA, the FCC and
any other agency of the state or federal government with the authority
to regulate towers and antennas. If such standards and regulations
are changed, the owners of the towers and antennas governed by this
section shall bring such towers and antennas into compliance with
such revised standards and regulations within six months of the effective
date of such standards and regulations, unless a different compliance
schedule is mandated by the controlling state or federal agency, in
which case the latter scheduling will control. Failure to bring towers
and antennas into compliance with such revised standards and regulations
shall constitute grounds for the removal of the tower or antenna at
the owner's expense.
G.
Safety standards/building codes. To ensure the structural
integrity of towers, the owner of a telecommunications facility shall
ensure that it is maintained in compliance with standards contained
in applicable local building codes and the applicable standards for
such telecommunications facilities, as amended from time to time and
as may be published by the Electronics Industries Association, or
such other agency or association having expertise in the field. Owners
of towers shall conduct periodic inspections of such facilities at
least once every year to ensure structural integrity, said inspection
shall be conducted by a qualified, independent engineer licensed to
practice in the State of New Jersey, and the results of such inspection
shall be provided, by way of written report, to the Township Council
of the Township of Pemberton. Failure to undertake such inspection
and/or provide the Township with the aforementioned report shall constitute
grounds for the removal of the tower or antenna at the owner's expense.
H.
Tower setbacks. The following setback requirements
shall apply to all telecommunications towers and antennas; provided,
however, that the Planning Board may reduce the standard setback requirements
of the section if the goals of the ordinance would be better served
thereby; and, in the event any of the following provisions conflict
with one another, then the more strenuous and stringent standards
shall apply:
(1)
Towers shall meet the setbacks of the underlying
zoning district with the exception of the industrial zoning districts,
where towers may encroach into the rear setback area, provided that
the rear property line abuts another industrially zoned property and
the tower does not encroach upon any easements.
(2)
Towers shall be set back from the planned public
rights-of-way as shown on the most recently adopted Master Street
Plan of the Township by a minimum distance equal to 1 1/2 of
the height of the tower, including all antennas and attachments.
(3)
Towers shall not be located between a principal
structure and a public street, with the following exceptions:
(4)
Towers must be set back a distance equal to
1 1/2 times the height of the tower from any off-site residential
structure.
(5)
For antennas attached to the roof or a supporting
structure on a roof top, a one to one setback ratio (example: ten-foot
high antenna and supporting structure requires ten-foot setback from
edge of roof) shall be maintained unless an alternative placement
is shown to reduce visual impact.
(6)
A tower's setback may be reduced, or its location
in relation to the public street varied, at the discretion of the
Board, to allow the integration of a tower into an existing or proposed
structure, such as a church steeple, light standard, tower line support
device or similar structure.
I.
Lot size. For purposes of determining whether the
installation of a tower or antennas complies with district development
regulations, including but not limited to setback requirements, lot
coverage requirements and such other requirements, the dimensions
of the entire lot shall control, even though the antennas or towers
may be located only on a portion of such lots.
J.
Abandonment and removal.
(1)
Abandonment. Any telecommunications tower and
equipment which are not operated for wireless communications purposes
for a continuous period of six months shall be considered abandoned,
whether or not the owner or operator intends to make use of it or
any part of it, and shall be removed by the facility owner at its
costs. The owner of a telecommunications tower and the owner of the
property where the facility is located shall be under a duty to remove
the abandoned telecommunications tower. If such antenna and/or tower
is not removed within 60 days of receipt of notice from the Township
notifying the owner of such abandonment, the Township may remove such
tower and/or antenna as set forth below.
(a)
If the owner of an abandoned tower or antenna
wishes to use such abandoned tower or antenna, the owner must first
apply for and receive all applicable permits and meet all of the conditions
of this section as if such tower or antenna was a new tower or antenna.
(2)
Removal. When an owner of a telecommunications
tower and antenna, who has been notified to remove same, fails to
do so within 60 days of receipt of notice from the Township notifying
the owner and/or operator of such abandonment and the need to remove
same, then the Township may remove such tower and/or antenna and place
a lien upon the property for the cost of removal. If removed by the
owner, a demolition permit shall be obtained and the facility shall
be removed. Upon removal, the site shall be cleaned, restored and
revegetated to blend with the existing surrounding vegetation at the
time of abandonment. The facility owner shall post a bond at the time
that a construction permit is issued for demolition to cover the cost
of tower removal and site restoration. The amount of the bond shall
have taken into consideration any cost escalation that may be reasonably
anticipated.
(a)
Any delays by the Township in taking action
under this clause shall not in any way waive the Township's right
to take action.
K.
Principal accessory and joint uses.
(1)
Accessory structures used in direct support
of a telecommunications tower shall be allowed but not be used for
offices, vehicle storage or other outdoor storage. Mobile or immobile
equipment not used in direct support of a telecommunications facility
shall not be stored or parked on the site of the telecommunications
facility.
(2)
Telecommunications towers may be located on
sites containing another principal use in the same buildable area.
L.
Monopole construction. Monopole tower construction
shall be utilized in all cases except where it can be conclusively
demonstrated that a monopole construction is not suitable for a specific
location or application or that a different type pole is necessary
for the collocation of additional antennas on the tower.
M.
Additional submission requirements. A report from
a qualified expert containing the following is required:
(1)
A description of the tower and the technical
and other reasons for the tower design and height, including cross
sections and elevations.
(2)
Documentation to establish that the tower has
sufficient structural integrity for the proposed use at the proposed
location and meets the minimum safety requirements and margins according
to FCC requirements in their current adopted standards and revisions.
(3)
Indicates the height above grade for all potential
mounting positions for collocated antennas and the minimum separation
distance between antennas.
(4)
Description of the tower's capacity, including
the number and type of antennas that it can accommodate.
(5)
Statement detailing current FCC information
concerning wireless telecommunications towers and radio frequency
admission standards as well as information on the projected power
density of the proposed facility and how it meets the FCC standards.
(6)
A letter of commitment by the applicant to lease
excess space on the tower to other potential users at prevailing rates
and standard terms. The letter of commitment shall be recorded prior
to the issuance of any building permits. The letter shall commit the
tower owner and his successors in interest to this obligation.
N.
Cessation of use. A copy of the relevant portions
of a signed lease which requires the applicant to remove the tower
and associated facilities upon cessation of operations of the site
shall be submitted at the time of the application.
O.
Visual impact study. A visual impact study, graphically
simulating through models, computer enhanced graphics or similar techniques
the appearance of any proposed tower and indicating its view from
at least five locations around and within one mile of the proposed
wireless telecommunications tower where the wireless telecommunications
tower will be most visible shall be submitted. Aerial photographs
of the impact area shall also be submitted.
P.
Design requirement. Telecommunications towers shall
be a monopole design unless the Board determines that an alternative
design would better blend into the surrounding environment or is necessary
for the collocation of additional antennas on the tower.
Q.
Aesthetics. At a tower site, the design of the buildings
and related structures shall, to the extent possible, use materials,
colors, textures, screening and landscaping that will blend the tower
and related facilities to the natural setting and built environment.
The towers themselves shall be of a color appropriate to the tower's
locational context so as to make it as unobtrusive as possible, unless
otherwise required by the FAA. To the extent that any local communications
facility or its supporting new tower extend above the height of the
vegetation immediately surrounding it, they shall be painted in a
light gray or light blue hue which blends with the sky.
R.
Accessory utility buildings. All utility buildings
and structures accessory to a tower shall be architecturally designed
to blend in with the surrounding environment and shall meet the minimum
setback requirements of the underlying zoning district. Ground-mounted
equipment shall be screened from view by suitable vegetation, except
where a design of nonvegetative screening buffer reflects and complements
the architectural character of the surrounding neighborhood. A landscape
plan shall be submitted for review of proposed screening.
S.
Landscaping.
(1)
Landscaping shall be provided along the perimeter
of a security fence to provide a visual screen or buffer for adjoining
private properties and the public right-of-way. Required front yard
setbacks shall be landscaped. Existing on-site vegetation shall be
preserved or improved, and disturbance of existing topography shall
be minimized unless such disturbance would result in less visual impact
of the site to the surrounding area. Any access road to the local
communications facility shall be landscaped or be oriented in such
a way as to preclude a direct view of the facility from a public venue.
(2)
The following standards shall apply to clearing
and landscaping for construction of a new local communications facilities:
(a)
Clearing of existing vegetation shall be the
minimum necessary to allow for access to and operation of the facility.
(b)
The lower portions of local communications facilities
which will be located adjacent to residential zones, recreational
areas or public roads shall be partially screened at ground level
from public view in the following manner:
[1]
One or more rows of evergreen trees,
at least four feet in height when planted and capable of forming a
continuous hedge at least 15 feet in height within five years of planting,
shall be spaced not more than seven feet apart around all lattice
towers and any monopole more than 50 feet tall.
[2]
Adjacent to residential zones and
recreational areas, an additional row of deciduous trees no less than
1 1/2 inches in diameter measured three feet above grade, and
spaced not more than 20 feet apart, shall be planted around the evergreen
trees.
[3]
The screening shall be maintained
and replaced as necessary while the facility is in service.
T.
Lighting. No lighting is permitted except as follows:
(1)
Equipment buildings and compounds may have security
and safety lighting at the entrance, provided that the light is attached
to the facility, is focused downward and is on timing devices and/or
sensors so that the light is turned off when not needed for safety
or security purposes.
(2)
No lighting is permitted on a wireless telecommunications
tower except lighting that specifically is required by the FAA, and
any such required lighting shall be focused and shielded to the greatest
extent possible so as not to project towards adjacent and nearby properties.
U.
Height. The antenna and any supporting structure shall
not exceed 200 feet in height, but, if a lesser height, shall be designed
so that its height can be increased to 200 feet if necessary to accommodate
other local communications facilities in the future.
V.
Signs and advertising. No advertising is permitted
on a telecommunications tower or accompanying facilities. Only signs
for warning or equipment information shall be permitted on any portion
of a tower or equipment building.
W.
Fencing and other security devices. Telecommunications
towers and equipment buildings in compounds shall be surrounded with
security feature, including an appropriate anti-climbing device or
other similar protective device to prevent unauthorized access to
the telecommunications facilities; and shall be further surrounded
with a security fence. Additional safety devices shall be permitted
or required as needed, and as approved by the Board as may be necessary.
Y.
Radio frequency emissions.
(1)
The FTA gives the FCC sole jurisdiction over
the field of regulation of radio frequency (RF) emission, and telecommunications
towers that meet the FCC standards shall not be conditioned or denied
on the basis of RF impacts. Applicants shall provide current FCC information
concerning wireless telecommunications towers and radio frequency
emissions standards. Applicants for telecommunications towers shall
be required to provide information on the projected power density
of the proposed facility and how this meets the FCC standards.
(2)
At annual intervals from the date of the issuance
of the conditional use permit, the applicant shall submit measurement
of the noise and the RF emissions from the local communications facility.
Such measurements shall be made by a qualified technician, which shall
certify that the measurements are within applicable limits.
Z.
Application requirements.
(1)
Preapplication conference. Early consultation
by applicants with municipal officials and representatives of the
Pinelands Commission is encouraged so that all information necessary
for an informed decision is submitted and delays are avoided. As such,
prior to submission of a development application for approval of a
local communications facility in accordance with this section, the
applicant may request to convene with the appropriate board at a public
meeting in order to discuss the proposed facility in general terms
and to clarify the filing requirements. Upon receipt of a written
request for a preapplication conference, the board will meet with
the applicant at the next regularly scheduled meeting of the board
for which adequate public notice can be provided. While there are
no formal filing requirements for this conference, the applicant is
encouraged to prepare sufficient preliminary architectural and engineering
drawings to inform the board of the general location and likely scale
and design of the facility. Failure to request such a conference will
not prejudice any subsequent consideration of a formal application
by the board.
(2)
Site plan approval by the appropriate board
shall be required before any new local communications facility may
be erected. The following information shall be submitted to the appropriate
board for its review:
(a)
A scaled site plan clearly indicating the location
(including street address and block/lot), type, method of construction
and height of any proposed tower and any accessory structure(s); on-site
land uses and zoning; contour lines at no greater than five-foot intervals
AMSL; existing structures; land uses and zoning within 200 feet (including
adjacent municipalities); any roads within 200 feet; proposed means
of access; limits of clearing; and setbacks from property lines.
(b)
Photos of the proposed site of the facility
showing current conditions.
(c)
The setback distance from the nearest structure.
(d)
A map showing the location of all other local
communications facility towers and other structures within the municipality
as well as outside of the municipality within a five-mile radius.
The applicant shall also identify the height and type of construction
of all such structures.
(e)
A landscape plan showing proposed landscaping.
(f)
The location and type of fencing, if applicable,
and the type, location, color and power of any illumination.
(g)
An assessment of the suitability of the use
of existing towers or other structures within the search area to accommodate
the local communications facility in lieu of a tower, if a tower is
proposed.
(h)
An assessment of the suitability of the site
to accommodate additional equipment sheds and similar needs of other
wireless providers who may wish to collocate on the proposed facility.
(i)
If the proposed facility would be located within
the Pinelands Area, a notarized statement indicating that the applicant
will abide by the provisions of Exhibit 13 Collocation Opportunities
for Wireless Providers in the Pinelands contained in the Comprehensive
Plan for Wireless Communication Facilities in the Pinelands approved
by the Pinelands Commission on September 11, 1998.
(j)
Written confirmation from any other wireless
providers who have expressed a desire to collocate on the proposed
facility (either by inclusion of the site in a Pinelands' certified
plan or at any public meeting on the application) that the selected
site meets their operational needs and space requirements for equipment
sheds and the like.
(k)
Evidence that all notice procedures have been
filed and, if the proposed facility would be located within the Pinelands
Area, a certificate of filing from the Pinelands Commission issued
pursuant to N.J.A.C. 7:50-4:34.
(l)
Computer simulation models, photographic juxtaposition
or a similar technique shall be submitted in support of the application
to show how the facility will appear on site and will be used by the
appropriate board in determining conformance with the visual impact
standards of this section. Such material will also aid in assessing
the consistency of the application with N.J.A.C. 7:50-5.4.
(m)
Information required for all other standards
of the land development code.
(n)
In the event that the collocation is found not
to be feasible, a written statement of the reasons for the unfeasibility
shall be submitted to the Township. The Township may retain a technical
expert in the field of RF engineering to verify if collocation at
the site is not feasible or is feasible given the design configuration
most accommodating to the collocation, or that a new tower has less
visual impact at an alternative site. The cost for such technical
expert will be at the expense of the applicant.
[1]
Editor's Note: Article IV of this ordinance provides the following:
ARTICLE IV. PENALTY FOR VIOLATION OF ORDINANCE
Any person who attempts to erect or erects
a telecommunications tower or antennas covered by this ordinance without
having first obtained the necessary approvals, variances or building
permits in the manner provided in this ordinance, shall be deemed
in violation of this ordinance. Any responsible party or other persons
convicted by a court of competent jurisdiction or violating any provision
of this ordinance shall be punished by a fine not to exceed $1,000.00,
or by imprisonment not to exceed 90 days, or by a sentence of community
service not to exceed 90 days.
If any structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained in violation
of this ordinance, or without obtaining the required approvals or
permits, or if any building, structure or land is used in violation
of this article, the Township Solicitor, in addition to any other
remedies, may institute proceedings to prevent such unlawful erection,
construction, reconstruction, alteration, conversion, maintenance,
or use or to correct or abate such violations. Each and every day
that such unlawful erection, construction, reconstruction, alteration,
conversion, maintenance or use continues, shall be deemed a separate
offence. In the event that the Township is successful in securing
the judicial relief requested, then the owner and operator of the
telecommunications tower shall be jointly and severally liable for
the reasonable costs and attorneys fees incurred by the Township in
the course of said action.
[Added 10-1-2003 by Ord. No. 19-2003]
A.
The proposed development to be served by the system
is residential and is otherwise permitted pursuant to the provisions
of this chapter;
B.
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of Subsection C below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to other sections of this chapter;
C.
Only contiguous lands located within the same zoning
district and Pinelands Management Area as the proposed system or systems
may be utilized for septic dilution purposes, except for the development
of an individual single-family dwelling on a lot existing as of January
14, 1981;
D.
The depth to seasonal high water table is at least
five feet;
E.
Any potable water well will be drilled and cased to
a depth of at least 100 feet, unless the well penetrates an impermeable
clay aquiclude, in which case the wall shall be cased to at least
50 feet;
F.
No more than 10 alternate design pilot program treatment
systems utilizing the same technology shall be installed in the development
of any parcel if those systems are each serving one single-family
dwelling;
G.
Each system shall be equipped with automatic dialing
capability to the manufacturer, or its agent, in the event of a mechanical
malfunction;
H.
Each system shall be designed and constructed so that
samples of effluent leaving the alternate design pilot program septic
system can be readily taken to confirm the performance of the technology;
I.
The manufacturer or its agent shall provide to each
owner an operation and maintenance manual approved pursuant to N.J.A.C.
7:50-10.22(a)2iv;
J.
Each system shall be covered by a five-year warranty
and a minimum five-year maintenance contract consistent with those
approved pursuant to N.J.A.C. 7:50-10.22(a)2v that cannot be canceled
and is renewable and which includes a provision requiring that the
manufacturer or its agent inspect that system at least once a year
and undertake any maintenance or repairs determined to be necessary
during any such inspection or as a result of observations made at
any other time; and
[Amended 8-7-2019 by Ord. No. 24-2019]
K.
The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in Subsection I above, and grants access, with reasonable notice, to the local board of health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system.
[Amended 8-7-2019 by Ord. No. 24-2019[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection
L, which prohibited installation after August 5, 2007.
[Added 11-3-2005 by Ord. No. 23-2005]
A.
The applicant shall provide three sets of as-built
plans conforming to the Township’s minimum as-built requirements.
In addition to the three paper copies, the applicant must provide
a disk or CD in AutoCAD form along with these submitted plans. The
plans must be submitted on a twenty-four-inch by thirty-six-inch sheet
and a scale of one inch equals 100 feet. All text must be clearly
drawn, and at a minimum size of 0.07 inches and a maximum size of
0.10 inches.
B.
The following information, where applicable, shall
be each drawn on its own individual layer: water mains, water services/curb
stops, hydrants/valves/blowoffs/etc., water main text, sanitary sewer
mains, sanitary sewer laterals/cleanouts, sanitary sewer manholes,
sanitary sewer text, storm drain pipes, storm drain manholes and inlets,
storm drainage basins and swales, and storm drain text.
C.
The plans must include that portion of the existing
systems where the proposed system connects. The plans must be signed
and sealed by a New Jersey land surveyor.
D.
In order to ensure that the utilities have been properly
installed, this Board shall require that the developer provide as-built
drawings prepared in accordance with the requirements distributed
with the approved plans and performance bond. The as-built drawings
are to be included as a line item in the performance bond estimate
and the performance guarantee shall not be released until the as-built
drawings have been reviewed and approved.
E.
The specific requirements for the as-built plans shall
be set forth in a resolution containing a schedule of those requirements
which shall be adopted by the Township Council as needed.
[Added 12-6-2006 by Ord. No. 23-2006; amended 6-3-2009 by Ord. No.
11-2009]
A.
It is the general purpose and intent of the recreation requirements for planned unit developments, planned unit residential developments and/or residential clusters as defined in Subsection O and residential development in any Pinelands Area of the Township as defined in Subsection O that all such new residential developments provide recreational facilities as part of the overall recreation program of the Township; that passive and active recreation are of equal importance and both serve legitimate municipal health, safety and welfare purposes; that to the extent feasible, central recreation facilities owned and maintained by the Township are generally accessible to the majority of Township residents and active recreation be centrally located in close proximity to existing Township-owned recreation lands; and that the active recreation, designed or located such that the potential users of said facilities are limited to a certain development or portion thereof, be owned and maintained by private homeowners' associations.
B.
For all planned unit developments, planned unit residential developments
and/or residential clusters and all residential development in any
Pinelands Area of the Township, the applicant shall propose adequate
recreational facilities to serve the population of the development.
The developer's recreation plans shall be submitted to the Planning
Board or Zoning Board, as the case may be, for its review and approval.
The Board will seek advice from other boards or advisory committees,
and it shall be guided in its review of the needs of individual developments
by the standards set forth herein and by the goals and objectives
of the Master Plan. For the purposes of this section, the number of
persons generated per development for recreational needs assessment
purposes shall be determined as follows:
C.
Determining the need for recreation facilities in certain areas of
the Township shall be as follows:
(1)
In determining the need for recreation facilities in all residential
development in the Pinelands Area of the Township, the Township adopts
the guidelines for recreation land and facilities as designated by
the Pinelands Protection Act, N.J.S.A. 13:18A-1 et seq., and regulated
through the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1
et seq.
(2)
In determining the need for recreational facilities in planned
unit developments, planned unit residential developments and residential
clusters, the Township herein adopts community-wide standards for
parks, open space and recreational facilities, as set forth by the
National Recreation and Park Association (NRPA), latest published
guidelines. The NRPA provides both "level of service" and "population-based"
standards. The Township believes that the level-of-service approach
is more appropriate for urbanized communities that serve larger and
more diverse constituencies. Therefore, the Township has adopted the
population-based standard, where the need assessment can be more easily
determined, thereby providing the most efficient means to determine
and plan for the recreational requirements of the Township. It has
modified such population-based standards where, in the opinion of
the Township and its planner, said modifications are appropriate based
on the unique needs and characteristics of the Township, and the Township's
operational and maintenance capabilities regarding recreational sites
and facilities. The requirements under this section are as follows:
Recreational Needs
| |
---|---|
A
Recreational Facility
|
B
Ratio to Residents
|
Land:
| |
Community park (a.k.a. district park or athletic complex)
|
10 acres per 1,000 people
|
Neighborhood park
|
2 acres per 1,000 people
|
Mini-park
|
0.5 acre per 1,000 people
|
Improvements:
| |
Tennis
|
1 per 1,500 people
|
Baseball
|
1 per 3,000 people
|
Softball
|
1 per 3,000 people
|
Basketball
|
1 per 2,000 people
|
Bike/multi-use trails/paths
|
1 per 1,000 people
|
Soccer
|
1 per 1,500 people
|
Softball
|
1 per 10,000 people
|
Volleyball
|
1 per 4,000 people
|
Street hockey
|
1 per 8,000 people
|
Tot lot equipment
|
1 per 1,000 people
|
* Recreation facilities for age-restricted/senior citizen community
developments shall meet the specific recreational needs of the residents
of the communities. Not less than three acres of open space should
be reserved for development of clubhouse facilities, swimming pools,
tennis courts, jogging areas, etc.
|
D.
In order to provide for the safety and general welfare of the public,
all planned unit developments, planned unit residential developments
and/or residential clusters and all residential development in the
Pinelands Area of the Township shall set aside areas for off-street
recreation and/or play areas. The recreation areas required in this
section shall not include easements, stormwater controls, detention
facilities or right-of-way areas. The Planning Board or Zoning Board,
as the case may be, shall review the submitted common open space plan
in the context of the particular development proposal, the particular
characteristics of the subject land area, and the ability, desirability
and practicality of relating the proposed recreational facilities
to adjacent and nearby lands. In any case, the lands shall be improved
as may be necessary to best suit the purpose(s) for which they are
intended.
E.
In the designation of the required open space and the uses proposed
thereon, the developer shall be guided by the following:
(1)
Common open space to be administered by a homeowners' association
shall be distributed throughout the proposed development so that as
many residential dwelling units as are practicable abut and have direct
access to the common open space.
(2)
The protection of environmentally fragile and important resource
land areas such as aquatic buffer areas, five-hundred-year floodplain
and treed acreage is a high priority.
(3)
Recreational sites shall be contiguous, useful and usable parcels
and not small, fragmented and isolated pieces of land.
F.
Any area which is specifically required and designated for active
recreational purposes shall be fully usable for that purpose and shall
have all improvements required by this section. All recreation areas
and facilities shall be designed in accordance with the Americans
with Disabilities Act.
G.
Should the proposed development consist of a number of development
stages, the Planning Board or Zoning Board, as the case may be, may
require that passive recreation acreage proportionate in size to the
development stage being considered for final approval for that particular
development stage, even though these lands may be located in a different
section of the overall development.
H.
Passive recreation areas may be offered by deed to the Township or
dedicated as common open space to a homeowners' association or other
open space organization.
(1)
If the applicant proposes that the open space shall be dedicated
to the Township, the Planning Board or Zoning Board, as the case may
be, shall forward such request with its recommendation to the Township
Council prior to the granting of preliminary approval of any development
application containing the subject passive recreation area.
(2)
All passive recreation areas not offered to and/or not accepted
by the Township shall be owned and maintained by a homeowners' association
or other passive recreation organization as provided in N.J.S.A. 40:55D-43.
Such organization shall not be dissolved, nor shall it dispose of
any common open space by sale or otherwise.
I.
The Board may require a developer to make certain site preparation
improvements to the passive recreation areas. These may include the
following:
J.
Development of recreational facilities shall proceed at the same
rate as development of the dwelling units. To assure compliance with
the subsection, the Planning Board shall require the approval of an
open space and recreational amenity phasing map which shall become
part of an overall phasing plan and approval for any subdivision,
planned and/or clustered development.
K.
(Reserved)
L.
All low- and moderate-income residential developments approved as
part of the adopted Housing Plan Element of the Master Plan and complying
with all Council on Affordable Housing requirements are exempt from
the requirements of this section.
M.
Site plans and details for all recreation facilities for all proposed
planned unit developments, planned unit residential developments and/or
residential clusters and all residential development in the Pinelands
Area of the Township shall be reviewed and approved by the Planning/Zoning
Board professional staff. Facilities shall be designed in accordance
with applicable standards governing the particular recreational facility
proposed.
N.
The following minimum standards apply to all recreation areas in
planned unit developments, planned unit residential developments and/or
residential clusters and all residential development in the Pinelands
Area of the Township:
(1)
All recreation facilities shall be designed with minimum grades
to facilitate access by people with handicapping conditions in accordance
with ADA standards.
(2)
Concrete and bituminous sidewalks, not less than five feet wide,
shall be constructed to connect recreation facilities with adjacent
parking lots and residential sidewalks. Buffer trees and maintenance-free
ground cover shall be placed in the open space access area when the
sidewalk is contained in an open space access less than 50 feet wide
and is between residential lots. Such sidewalks shall be constructed
to the actual playing facility and spectator areas.
(3)
Four-inch concrete pads shall be placed under all benches and
picnic tables and extend four feet out on the three sides and one
foot to the rear to provide a stable area for wheelchairs, to reduce
lawn maintenance and to provide a continuous connection to the walkways.
(4)
Evergreen buffer plantings shall be provided wherever necessary
to create a visual and noise barrier between adjacent residential
dwellings, as approved by the Planning Board/Zoning Board.
(5)
Landscaping of recreation areas shall be with maintenance-free
plant material as approved by the Planning/Zoning Board professional
staff.
(6)
All facilities shall be designed in accordance with barrier-free
design regulations.
(7)
The following standards shall be followed for designing facilities
to meet the needs of handicapped persons:
(a)
Provide handicapped parking stalls with ramps.
(b)
Provide barrier-free routes of travel with no obstructions and
minimal grade changes.
(c)
Plantings next to walkways shall be species selected that will
not interfere with handicapped travel.
(d)
All routes of travel, pedestrian and vehicular, shall be illuminated
wherever use after dark is anticipated. Lighting intensity and design
to be approved by the Planning/Zoning Board professional staff.
(e)
The quantity and location of gate openings shall be as determined
by the Planning/Zoning Board professional staff. Gate handles shall
be located 32 inches from the ground, and sixteen-inch-high metal
kickplates shall be provided across the entire width of the gate.
(8)
Stormwater management areas shall be designed for recreation
areas in accordance with New Jersey's Stormwater Management rules
(N.J.A.C. 7:8) and The New Jersey Stormwater Best Management Practices
Manual. All facilities shall be approved by the Township Engineer.
(9)
All recreation structures, equipment, facilities and surface
materials will be purchased, built and installed and per ASTM standards
and follow CPSC guidelines.
(10)
Surface materials shall include certified triple-shredded mulch
PEA gravel or unitary surfacing material (no sand will be permitted).
(11)
All surface materials installed shall also have a means of containment
around the play zone.
(12)
Every effort shall be made to not use chain link fence to separate
a play area or entire recreation facility. Split-rail fencing and
natural vegetation/evergreen buffer shall be used.
(13)
Proper shading shall be provided near the play area especially
over sitting areas found at the perimeter.
O.
PINELANDS AREA
PLANNED UNIT DEVELOPMENT, PLANNED UNIT RESIDENTIAL DEVELOPMENT
and RESIDENTIAL CLUSTER
Definitions. For purposes of this section, unless the context clearly
indicates a different meaning, the following terms shall have the
meanings indicated:
All land in the Township of Pemberton under the jurisdiction
of the Pinelands Commission as designated by the Pinelands Protection
Act, N.J.S.A. 13:18A-1 et seq., and regulated through the Pinelands
Comprehensive Management Plan, N.J.A.C. 7:50-1 et seq., as further
acknowledged in the Zoning Code of the Township of Pemberton.
Have the meanings as defined by N.J.S.A. 40:55D-6 of the
Municipal Land Use Law.
[Added 6-28-2006 by Ord. No. 7-2006;
amended 12-17-2008 by Ord. No. 21-2008]
Pedestrian links via bikeways, bike lanes, bike paths or sidewalks
shall be required. The location of pedestrian links in the form of
bikeways, bike lanes or bike paths will depend on the probable volume
of bicycle traffic, the site's location with relation to other populated
areas or its location with respect to any overall bike route as shown
on the Circulation Plan Map within the adopted Master Plan and Official
Map adopted by the Township. Bicycle traffic should be separated from
motor vehicle and pedestrian traffic if so required in the Residential
Site Improvement Standards. Where separate bikeways or bike paths
are constructed, they should be a minimum of eight feet wide and shall
be constructed in accordance with the New Jersey Site Improvements
Standards and the New Jersey Department of Transportation Planning
and Design Guidelines for Bicycle Compatible Roadways and Bikeways.
For nonresidential development where bikeways are required, the RSIS
and DOT standards, supplemented as needed by the Standard Construction
and Detail Sheets of the Township, shall be used. The width of the
bikeway may be decreased to less than eight feet if found necessary
by the approving agency, upon a review of the particular site conditions
and a report of the Planning/Zoning Board Engineer. Where striped
bike lanes are permitted, they shall be constructed as per the New
Jersey Site Improvements Standards.
[Added 6-28-2006 by Ord. No. 8-2006;
amended 12-17-2008 by Ord. No. 22-2008]
A.
In all residential developments, sidewalks or bikeways are required, in concert with the New Jersey Site Improvement Standards (RSIS). Sidewalks shall be installed in those locations where the RSIS standards call for sidewalks and in locations as identified on the Circulation Plan Map within the adopted Master Plan and Official Map adopted by the Township. Sidewalks shall be at least four feet wide and shall be concrete. All sidewalks shall be constructed in accordance with the RSIS and, as appropriate, the Standard Construction Detail Sheets as promulgated by the Planning/Zoning Board Engineer and adopted by the Township in accordance with law. All bikeways shall be constructed in accordance with § 190-50.5 of the Code of the Township of Pemberton.
B.
Sidewalks along nonresidential streets shall be required
if the Planning/Zoning Board determines that they are needed, based
on the Master Plan and the recommendations of the Board Engineer and
Planner. This will include but not be limited to the issue of sidewalks
on each side of the street or road.
[Added 6-28-2006 by Ord. No. 9-2006;
amended 12-17-2008 by Ord. No. 23-2008]
A.
Required improvements. Applicants shall be required,
as a condition for approval of a subdivision, site plan or conditional
use, to pay their pro rata share of the cost of providing reasonable
and necessary street improvements, and/or water, sewerage and drainage
facility improvements, and any necessary easements therefor located
outside the property limits of the subject premises but indicated
in the Township Master Plan and necessitated or required by construction
or improvements within such subdivision or development in accordance
with N.J.S.A. 40:55d-42. The following criteria shall be utilized
in determining the developer's proportionate pro rata monetary share
for the necessary off-tract developments. "On-site" and "off-tract"
refer to the obligations imposed upon a development pursuant to the
Municipal Land Use Law to provide certain services adjacent to the
development site. The obligations imposed under this section assume
that the obligation belongs to the developer and assesses special
off-tract improvements which are needed for the development of the
site but which expenses would not otherwise be the direct responsibility
of the developer.
B.
Improvements to be constructed at the expense of the
developer. In cases where the need for an off-tract improvement is
reasonably related to and/or created by the proposed subdivision or
development, the applicant may be required, as a condition of approval
and at the applicant's sole expense, to acquire and/or improve lands
outside the tract and dedicate such lands to the Township of Pemberton
or Burlington County or, in lieu thereof, require the subdivider or
developer to deposit with the Township a sum of money sufficient to
allow the Township to acquire and/or improve such lands on conditions
it may deem appropriate under the circumstances.
C.
General standards for other improvements. In cases
where the need for any off-tract improvements to be implemented now
or in the future is reasonably necessitated by the proposed development
application, and where it is determined that properties outside the
development also will be benefited by the improvement, the following
criteria, together with the provisions or rules and regulations of
the Township of Pemberton or any department thereof, may be utilized
in determining the developer's proportionate share of such improvements:
(1)
Sanitary Sewers. For distribution facilities,
including the installation, relocation or replacement of collector,
truck and interceptor sewers and the installation, relocation or replacement
of other appurtenances associated therewith, the applicant's proportionate
share shall be computed as follows:
(a)
The capacity and the design of the sanitary
sewer system shall be based on the Rules and Regulations for the Preparation
and Submission of Plans for Sewerage Systems, New Jersey State Department
of Environmental Protection, and all Pemberton Township sewer design
standards, including infiltration standards.
(b)
Developer's pro rata.
[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 development drainage basin, no improvement
or enlargement cost will be assigned to the developer, although some
charges, including but not limited to capacity charges, may be imposed.
If the existing system does not have adequate capacity for the total
development drainage basin, the prorated enlargement or improvement
share shall be computed as follows:
Developer's Prorated Share
|
=
|
Development gpd
|
———————————
|
———————————
| |
Total Enlargement or Improvement Cost
|
Total Tributary gpd
|
[2]
If it is necessary to construct
a new system in order to develop the subdivision or development, the
prorated enlargement share to the developer shall be computed as follows:
Developer's Prorated Share
|
=
|
Development Tributary gpd
|
———————————
|
———————————
| |
New System Total Project Cost
|
Total Tributary gpd to New System
|
[3]
A feasibility study for the improved
system or the extended system shall be prepared by the developer's
engineer and submitted to the Planning Board or Zoning Board, as the
case may be, during the time period when the Board is reviewing the
proposed or pending subdivision and/or site plan application. Specific
plans and details are required at the time an application is filed
for final site plan or subdivision approval. The total cost for the
improvement and the developer's prorated share of the total cost shall
be calculated by the developer's engineer, submitted to the Board,
reviewed by the Planning/Zoning Board Engineer, and approved by the
Planning Board or Zoning Board, as the case may be, with any reasonable
adjustments to the estimated costs, at the time when final approval
of the application for development is granted.
(2)
Roadways. For street widening, alignment, channelization
of intersections, construction of barriers, new or improved traffic
signalization, signs, curbs, sidewalks, trees, utility improvements
uncovered elsewhere, the construction or reconstruction of new or
existing streets and other associated streets or traffic improvements,
the applicant's proportionate cost shall be determined as follows:
(a)
The applicant's engineer shall provide the Planning/Zoning
Board Engineer with the existing and anticipated peak-hour volumes
which impact the off-tract areas in question, which volumes shall
analyze pedestrian, bicycle and motor vehicle traffic.
(b)
The applicant shall furnish a plan for the proposed
off-tract improvements, which 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:
Developer's Prorated Share
|
=
|
Additional Peak-Hour Traffic Generated by the
Development
|
———————————
|
———————————
| |
Total Cost of Roadway Improvement and/or Extension
|
Future Total Peak-Hour Traffic
|
(c)
A feasibility study for the roadway improvement
and/or extension shall be prepared by the developer's engineer and
submitted to the Planning Board or Zoning Board, as the case may be,
during the time period when the Board is reviewing the proposed or
pending subdivision and/or site plan application. Specific plans and
details are required at the time an application is filed for final
site plan or subdivision approval. The total cost for the improvement
and/or extension and the developer's prorated share of the total cost
shall be calculated by the developer's engineer, submitted to the
Board, reviewed by the Planning/Zoning Board Engineer, and approved
by the Planning Board or Zoning Board, as the case may be, with any
reasonable adjustments to the estimated costs, at the time when final
approval of the application for development is granted.
(3)
Drainage improvements. For the 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 applicant's prorated share shall be determined as follows:
(a)
The capacity and design of the drainage system
to accommodate stormwater runoff shall be computed by the developer's
engineer and approved by the Planning/Zoning Board Engineer and shall
be based on a method either described in Urban Hydrology for Small
Watersheds, Technical Release 55, Soil Conservation Service, USDA,
January 1986, as amended, or as described in American Society of Civil
Engineers Manuals and Reports on Engineering Practice No. 37, 1974,
as amended, or as otherwise approved by the Township Engineer.
(b)
The capacity of the enlarged, extended or improved
system required for the subdivision or development and areas outside
of the subdivision or development shall be computed by the developer's
engineer and be subject to the approval of the Planning/Zoning Board
Engineer. The plans for the improved system shall be prepared by the
developer's engineer, and the estimated cost of the enlarged system
shall be calculated by the Planning/Zoning Board Engineer. The prorated
share for the proposed improvement shall be computed as follows.
(c)
A feasibility study for the enlargement or improvement
of the drainage facilities shall be prepared by the developer's engineer
and submitted to the Planning Board or Zoning Board, as the case may
be, during the time period when the Board is reviewing the proposed
or pending subdivision and/or site plan applications. Specific plans
and details are required at the time an application is filed for final
site plan or subdivision approval. The total cost for the enlargement
or improvement and the developer's prorated share of the total cost
shall be calculated by the developer's engineer, submitted to the
Board, reviewed by the Planning/Zoning Board Engineer, and approved
by the Planning Board, with any reasonable adjustments to the estimated
costs, at the time when final approval of the application for development
is granted.
(4)
Water.
(a)
Regarding all nonresidential developments and
all planned developments, and regarding subdivisions where public
water is accessible, water mains shall be constructed and connected
to the existing public water supply systems by the applicant at the
applicant's sole expense and in such a manner as to make adequate
water service available to each lot or building within the development.
The entire system shall be designed in accordance with the requirements
and standards of the local and/or state agency having approval authority
and shall be subject to its approval. The system also shall be designed
with adequate capacity and sustained pressure and in a looped system
(with no dead-end lines) whenever reasonable in accordance with RSIS,
N.J.A.C. 5:21-5.3(b). For purposes of this section regarding subdivisions,
"accessible" shall mean that the property to be developed is no further
from an existing water main than the number of feet calculated by
multiplying the number of lots in the proposed subdivision by 200;
or, in the case of subdivisions in which more than 15 lots are proposed,
"accessible" shall mean that the property to be developed is within
one mile of an existing water main.
(b)
Where no public water is accessible to a subdivision, as defined hereinabove, water shall be furnished on an individual lot basis. If wells are installed on each lot and the lot also contains its own sewage disposal facilities, the wells shall be of the drilled-type with a minimum 100 feet of casing where possible, or, where such minimum footage of casing is not possible, the well shall be drilled at least 20 feet into unweathered rock. Well installation, sealing and testing shall be in accordance with the New Jersey Standards for Construction of Water Supply Systems in Realty Improvements (Chapter 199 of the Public Laws of 1954), as amended, and in accordance with the guidelines and resolutions adopted by the County Board of Health. Prior to being placed in consumer use and prior to issuance of a certificate of occupancy for any building served by the well, the developer shall certify to the County Board of Health that he/she has complied with all applicable state, county and local regulations.
(c)
Where no public water is accessible to a subdivision,
as defined hereinabove, the applicant shall also deposit funds in
escrow with the Township of Pemberton in an amount equal to the cost
of connecting the subdivision to an existing public water supply system,
calculated on the basis of 200 feet per unit. The escrow amount shall
be calculated by determining the costs of providing such water main
extension as charged by the public water utility for such service,
including but not limited to materials, installation, taxes, appurtenances
and surcharges, if any.
(d)
In lieu of depositing the aforesaid escrow funds,
the applicant may, at his/her option, elect to install water main
extensions in the subdivision, even though public water may not be
accessible as defined hereinabove.
(e)
In all development projects, sufficient capacity
must be supplied for fire suppression in accordance with Fire Marshal
requirements, IO Standards, or other criteria to be supplied by the
appropriate fire officials on behalf of Pemberton Township.
(f)
A feasibility study for the improved water system or extended water
system shall be prepared by the developer's engineer and submitted
to the Planning Board or Zoning Board, as the case may be, during
the time period when the Board is reviewing the proposed or pending
subdivision and/or site plan applications. Specific plans and details
are required at the time an application is filed for final site plan
or subdivision approval. The total cost for the enlargement or improvement
and the developer's prorated share of the total cost shall be calculated
by the developer's engineer, submitted to the Board, reviewed by the
Planning/Zoning Board Engineer, and approved by the Planning Board,
with any reasonable adjustments to the estimated costs, at the time
when final approval of the application for development is granted.
D.
Escrow accounts. Where the proposed off-tract improvement
is to be undertaken at a future date, funds required for the improvement
shall be deposited to the credit of the Township of Pemberton in a
separate account until such time as the improvement is constructed.
In lieu of a cash escrow account, developers may present irrevocable
letters 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 the deposit, all moneys and interest shall be returned
to the applicant or the letter of credit, as the case may be, surrendered.
It is the responsibility of the developer to provide a written request
to the attention of the Township Clerk to request a return of the
deposit or letter of credit. The Township of Pemberton shall have
90 days upon the receipt of the developer's request to elect to proceed
with the off-tract improvement. An off-tract improvement shall be
considered begun if the Township of Pemberton has taken legal steps
to provide for the design and financing of such improvements.
E.
Referral to the Township Council.
(1)
Where application for development suggests the
need for off-tract improvements, whether to be installed in conjunction
with the development in question or otherwise, the Planning Board
or Zoning Board, as the case may be, shall forthwith forward to the
Township Council a list and description of all such improvements,
together with a request that the Township Council determine and advise
the Board of the procedure to be followed in construction or installation
thereof, including timing. The Board shall defer final action upon
the subdivision or site plan until receipt of the Township Council
determination or the expiration of the 90 days after the forwarding
of such list and description to the Township Council without determination
having been made, whichever comes sooner.
(2)
The Township Council, within 90 days after receipt
of said list and description, shall determine and advise the Planning
Board or Zoning Board, as the case may be, concerning the procedure
to be followed and advise the Board with regard to suggested conditions
of approval, if any, to adequately protect the municipality.
(3)
In the event that the Planning Board or Zoning
Board, as the case may be, is required by statute to act upon the
application prior to receipt of the Township Council's determination
as to construction of off-tract improvements, it shall request the
applicant to consent to an extension of time within which to act of
sufficient duration to enable the Township Council to make the aforesaid
determination. In the event that the applicant is unwilling to consent
to the requested extension of time, the Planning Board or Zoning Board,
as the case may be, shall, in its discretion, either itself determine
the procedure to be followed in constructing the aforesaid improvements
or shall condition its approval upon the subsequent determination
of the Township Council.
F.
Implementation of off-tract improvements.
(1)
In all cases, developers shall be required to
enter into an agreement or agreements with the Township Council in
regard to off-tract improvements in accordance with this section and
any other ordinances, policies, rules and regulations of the Township
of Pemberton, Burlington County, and the State of New Jersey and any
departments, authorities or agencies thereof. In all cases, developers
shall be required to enter into an agreement or agreements with the
Township Council in regard to off-tract improvements prior to the
signing of plats. Should such an agreement or agreements not be entered
into within the aforesaid one-year time period or within such extended
time period as may be granted by the Township Council, the municipal
subdivision and/or site plan approval shall be deemed null and void.
(2)
Where properties outside the subject tract will
be benefited by the improvements, the Township Council may require
the applicant to escrow sufficient funds, in accordance with this
section, to secure the developer's pro rata share of the eventual
cost of providing future structural improvements based upon the standards
expressed herein.
(3)
Where properties outside the subject tract will
benefit by the improvements, the Township Council may determine that
the improvement or improvements are to be installed by the municipality
as a general improvement, the cost of which is to be borne as a general
expense. If the Township Council shall determine that the improvement
or improvements shall be constructed or installed as a general improvement,
the Township Council may direct the Planning Board to estimate, with
the aid of the Township Engineer or such other persons who have pertinent
information or expertise, the amount, if any, by which the total cost
thereof will exceed the total amount by which all properties, including
the subject tract, will be specifically benefited thereby; and the
subdivider or developer shall be liable to the municipality for such
expense.
(4)
If the Township Council shall determine that the improvement or improvements shall be constructed or installed as a local improvement, all or a part of the cost of which is to be assessed against properties benefited thereby in proportion to the benefits conferred by the improvements in accordance with Chapter 56 of Title 40 of the Statutes of the State of New Jersey, the developer may be required to sign an agreement acknowledging and agreeing to this procedure; and, in addition, the Township Council may require that the developer shall be liable to the municipality, in addition to the amount of any special assessments against the subject property for benefits conferred by the improvement or improvements, for the difference between the total cost actually incurred and the total amount by which all properties, including the subject tract, are specially benefited by the improvement, as the same may be determined by the Board of Improvement Assessors.
(5)
If the Township Council shall determine that
the improvements are to be constructed or installed by the applicant,
such agreement may contain provisions, consistent with the standards
in this section and any other rules, regulations or policies of the
Township of Pemberton, County of Burlington, and the State of New
Jersey and any departments, authorities or agencies thereof with jurisdiction
therein, whereby the applicant shall be reimbursed by the municipality
or otherwise as a result of any participation fees, connection charges,
charges paid in regard to developer's agreements with other applicants
and the like, all in accordance with an agreement between the Township
Council and the applicant.
(6)
In determining procedures to be followed in
the event of the submission of a list and request from the Planning
Board, the Township Council shall be guided by the following standards
and considerations:
(a)
The local trends in regard to the probability
of development within the drainage or circulation area in question
and the intensity of such development;
(b)
The risk and exposure that neighboring areas
are subject to in the event that the improvements to be required are
delayed;
(c)
The extent to which temporary measures may sufficiently
alleviate the condition or conditions requiring the off-tract improvement
and the likelihood that larger, regional or subregional facilities
will be required in the future to serve the development tract and
the general area of the municipality in which the same is located;
and
(d)
The extent to which the health, safety and welfare
of the residents, both current and future, depend upon the immediate
implementation of the off-tract improvement.
[Added 12-6-2006 by Ord. No. 24-2006; amended 10-17-2007 by Ord. No. 15-2007; 3-3-2021 by Ord. No. 5-2021]
A.
Scope and purpose.
(1)
Policy statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure best management practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low-impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
(2)
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection B.
(3)
(4)
Compatibility with other permit and ordinance requirements.
(a)
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.
(b)
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
(1)
DISTURBANCE
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOODS
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
(1)
(a)
(b)
(c)
(d)
(2)
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
(1)
(2)
(3)
(4)
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
(3)
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 section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
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 section.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Commissioners to review
municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A state development and redevelopment plan center as designated
by the State Planning Commission, such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels, the
construction, reconstruction, conversion, structural alteration, relocation
or enlargement of any building or structure, any mining excavation
or landfill, and any use or change in the use of any building or other
structure, or land or extension of use of land, 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.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual development, as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of regulated impervious surface
since February 2, 2004;
The creation of 1/4 acre or more of regulated motor vehicle
surface since March 2, 2021; or
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), (b), (c) or (d) above. Projects undertaken
by any government agency that otherwise meet the definition of "major
development" but which do not require approval under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major
development.
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.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with Subsection D(6) of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, 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.
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)
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)
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
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
Cistern
|
0%
|
Yes
|
No
|
—
|
Dry well(a)
|
0%
|
No
|
Yes
|
2
|
Grass swale
|
50% or less
|
No
|
No
|
2(e)
1(f)
|
Green roof
|
0%
|
Yes
|
No
|
—
|
Manufactured treatment device(a)(g)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
Pervious paving system(a)
|
80%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small scale bioretention basin(a)
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small-scale infiltration basin(a)
|
80%
|
Yes
|
Yes
|
2
|
Small-scale sand filter
|
80%
|
Yes
|
Yes
|
2
|
Vegetative filter strip
|
60% to 80%
|
No
|
No
|
—
|
(Notes corresponding to annotations (a) through (g) are found after Table 3.)
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
---|---|---|---|---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
Bioretention system
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Infiltration basin
|
80%
|
Yes
|
Yes
|
2
|
Sand filter(b)
|
80%
|
Yes
|
Yes
|
2
|
Standard constructed wetland
|
90%
|
Yes
|
No
|
N/A
|
Wet pond(d)
|
50% to 90%
|
Yes
|
No
|
N/A
|
(Notes corresponding to annotations (b) through (d) are found after Table 3.)
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
---|---|---|---|---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
Blue roof
|
0%
|
Yes
|
No
|
N/A
|
Extended detention basin
|
40% to 60%
|
Yes
|
No
|
1
|
Manufactured treatment device(h)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
Sand filter(c)
|
80%
|
Yes
|
No
|
1
|
Subsurface gravel wetland
|
90%
|
No
|
No
|
1
|
Wet pond
|
50% to 90%
|
Yes
|
No
|
N/A
|
Notes to Tables 1, 2, and 3:
| |
---|---|
(a)
|
Subject to the applicable contributory drainage area limitation specified at Subsection D(15)(b);
|
(b)
|
Designed to infiltrate into the subsoil;
|
(c)
|
Designed with underdrains;
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
(e)
|
Designed with a slope of less than 2%;
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
(g)
|
Manufactured treatment devices that meet the definition of "green infrastructure" at Subsection B;
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B.
|
(7)
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection F(2). Alternative stormwater management measures may be used to satisfy the requirements at Subsection D(15) only if the measures meet the definition of "green infrastructure" at Subsection B. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection D(15)(b) are subject to the contributory drainage area limitation specified at Subsection D(15)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection D(15)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from Subsection D(15).
(8)
Whenever the stormwater management design includes one or more
BMPs that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high-water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
(9)
Design standards for stormwater management measures are as follows:
(a)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high-water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(b)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection H(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, 5:21-7.4, and 5:21-7.5
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 subsection, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B may be used only under the circumstances described at Subsection D(15)(d).
(11)
Any application for a new agricultural development that meets the definition of "major development" at Subsection B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection D(15), (16), (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 Burlington 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 Burlington 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
(acres)
|
---|---|
Dry well
|
1
|
Manufactured treatment device
|
2.5
|
Pervious pavement systems
|
Area of additional inflow cannot exceed 3 times the area occupied
by the BMP
|
Small-scale bioretention systems
|
2.5
|
Small-scale infiltration basin
|
2.5
|
Small-scale sand filter
|
2.5
|
(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 preconstruction groundwater recharge volume
for the site; or
[2]
Demonstrate through hydrologic and hydraulic analysis
that the increase of stormwater runoff volume from preconstruction
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]
80% 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)3i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(j)
This stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s),
such as gravel, dirt, and/or shells.
(18)
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 preconstruction runoff hydrographs for the same
storm events;
[2]
Demonstrate through hydrologic and hydraulic analysis
that there is no increase, as compared to the preconstruction condition,
in the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
[3]
Design stormwater management measures so that the
post-construction peak runoff rates for the two-, ten- and 100-year
storm events are 50%, 75% and 80%, respectively, of the preconstruction
peak runoff rates. The percentages apply only to the post-construction
stormwater runoff that is attributable to the portion of the site
on which the proposed development or project is to be constructed;
or
[4]
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection D(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/stelprdb1044171.pdf
or at United States Department of Agriculture Natural Resources Conservation
Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
[2]
The Rational Method for peak flow and the Modified
Rational Method for hydrograph computations. The Rational and Modified
Rational Methods are described in "Appendix A-9 Modified Rational
Method" in the Standards for Soil Erosion and Sediment Control in
New Jersey, January 2014. This document is available from the State
Soil Conservation Committee or any of the soil conservation districts
listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone
number for each soil conservation district is available from the State
Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625.
The document is also available at http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
(b)
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology 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 preconstruction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce preconstruction stormwater runoff rates and volumes.
(d)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds 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:
(a)
The New Jersey Geological Survey Report GSR-32, A Method for
Evaluating Ground-Water-Recharge Areas in New Jersey, incorporated
herein by reference as amended and supplemented. Information regarding
the methodology is available from the New Jersey Stormwater Best Management
Practices Manual; at the New Jersey Geological Survey website at https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf;
or
(b)
The New Jersey Geological and Water Survey, 29 Arctic Parkway,
PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
F.
Sources for technical guidance.
(1)
Technical guidance for stormwater management measures can be
found in the documents listed below, which are available to download
from the Department's website at http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(a)
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures, such as, but not limited to, those listed in Tables 1, 2,
and 3.
(b)
Additional maintenance guidance is available on the Department's
website at https://www.njstormwater.org/maintenance_guidance.htm.
(2)
Submissions required for review by the Department should be
mailed to: the Division of Water Quality, New Jersey Department of
Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton,
New Jersey 08625-0420.
G.
Solids and floatable materials control standards.
(1)
Site design features identified under Subsection D(6) above, or alternative designs in accordance with Subsection D(7) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection G(1)(b) below.
(a)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
[1]
The New Jersey Department of Transportation (NJDOT)
bicycle-safe grate, which is described in Chapter 2.4 of the NJDOT
Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines;
or
[2]
A different grate, if each individual clear space
in that grate has an area of no more than 7.0 square inches, or is
no greater than 0.5 inch across the smallest dimension. Examples of
grates subject to this standard include grates in grate inlets, the
grate portion (non-curb-opening portion) of combination inlets, grates
on storm sewer manholes, ditch grates, trench grates, and grates of
spacer bars in slotted drains. Examples of ground surfaces include
surfaces of roads (including bridges), driveways, parking areas, bikeways,
plazas, sidewalks, lawns, fields, open channels, and stormwater system
floors used to collect stormwater from the surface into a storm drain
or surface water body.
[3]
For curb-opening inlets, including curb-opening
inlets in combination inlets, the clear space in that curb opening,
or each individual clear space if the curb opening has two or more
clear spaces, shall have an area of no more than 7.0 square inches,
or be no greater than 2.0 inches across the smallest dimension.
(b)
The standard in subsection G(1)(a) above does not apply:
[1]
Where each individual clear space in the curb opening
in existing curb-opening inlet does not have an area of more than
9.0 square inches;
[2]
Where the municipality agrees that the standards
would cause inadequate hydraulic performance that could not practicably
be overcome by using additional or larger storm drain inlets;
[3]
Where flows from the water quality design storm
as specified in N.J.A.C. 7:8 are conveyed through any device (e.g.,
end of pipe netting facility, manufactured treatment device, or a
catch basin hood) that is designed, at a minimum, to prevent delivery
of all solid and floatable materials that could not pass through one
of the following:
[a]
A rectangular space 4.625 inches long and 1.5 inches
wide (this option does not apply for outfall netting facilities);
or
[b]
A bar screen having a bar spacing of 0.5 inch.
[c]
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].
[4]
Where flows are conveyed through a trash rack that
has parallel bars with one-inch spacing between the bars, to the elevation
of the water quality design storm as specified in N.J.A.C. 7:8; or
[5]
Where the New Jersey Department of Environmental
Protection determines, pursuant to the New Jersey Register of Historic
Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard
is an undertaking that constitutes an encroachment or will damage
or destroy the New Jersey Register listed historic property.
H.
Safety standards for stormwater management basins.
(1)
This section sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This section applies to any new stormwater management BMP.
(2)
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection H(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 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.
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. A written historic
description of how the site has been evaluated in accordance with
the definition of "major development" as defined in Section B of this
section.
(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 predevelopment 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
(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
K.
Penalties. Any person(s) who erects, constructs, alters, repairs,
converts, maintains, or uses any building, structure or land in violation
of this section shall be subject to a fine of not less than $100 but
not more than $1,000 and/or sentencing to a period of not more than
90 days in jail. Every continuous day that a violation takes place
shall be considered a separate occurrence.
L.
Severability. Each section, subsection, sentence, clause and phrase
of this section is declared to be an independent section, subsection,
sentence, clause and phrase, and the finding or holding of any such
portion of this section to be unconstitutional, void, or ineffective
for any cause, or reason, shall not affect any other portion of this
section.
M.
Effective date. This section shall be in full force and effect from
and after its adoption and any publication as required by law.
[Added 12-6-2006 by Ord. No. 25-2006; amended 10-17-2007 by Ord. No. 16-2007; 5-3-2023 by Ord. No. 9-2023]
A.
Scope and purpose.
(1)
Policy statement. Flood control, groundwater recharge, erosion
control and pollutant reduction shall be achieved using stormwater
management measures, including green infrastructure best management
practices (BMPs) and nonstructural stormwater management strategies.
Green infrastructure BMPs and low-impact development 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. Green infrastructure BMPs and low-impact
development 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 contained in this section.
(2)
Purpose. The purpose of this section is to establish, within
the Pinelands Area portion of Pemberton Township, minimum stormwater
management requirements and controls as authorized by the Pinelands
Protection Act (N.J.S.A. 13:18A-1 et seq.) and consistent with the
Pinelands Comprehensive Management Plan (CMP) (N.J.A.C. 7:50-1.1 et
seq.) and the New Jersey Department of Environmental Protection (NJDEP)
Stormwater Management Regulations (N.J.A.C. 7:8-1.1 et seq.). The
standards in this section are intended to minimize the adverse impact
of stormwater runoff on water quality and water quantity, to facilitate
groundwater recharge, and to control and minimize soil erosion, stream
channel erosion, sedimentation and pollution associated with stormwater
runoff. Moreover, Pinelands Area resources are to be protected in
accordance with the antidegradation policies contained in the New
Jersey Surface Water Quality Standards (N.J.A.C. 7:9B-1.1 et seq.).
Additionally, this section is intended to ensure the adequacy of existing
and proposed culverts and bridges and to protect public safety through
the proper design and operation of stormwater BMPs. If there are any
conflicts between a provision required by the Pinelands CMP and a
provision required by the NJDEP, the Pinelands CMP provision shall
apply.
(3)
Applicability.
(a)
The terms "development," "major development" and "minor development" are defined in § 190-50.10B in accordance with the Pinelands CMP (N.J.A.C. 7:50-2.11) and differ from the definitions of "development" and "major development" contained in the NJDEP Stormwater Management Regulations (N.J.A.C. 7:8-1.2).
(b)
This section shall apply within the Pinelands Area to all major
development, and to minor development meeting the following criteria:
[1]
Development involving the construction of four
or fewer dwelling units;
[2]
Development involving any nonresidential use and
resulting in an increase of greater than 1,000 square feet of regulated
motor vehicle surfaces; and
[3]
Development involving the grading, clearing, or
disturbance of an area in excess of 5,000 square feet within any five-year
period. For development meeting this criterion, the stormwater management
standards for major development set forth in this section shall apply.
(c)
This section shall apply to all development meeting the criteria of Subsection A(3)(b) above that is undertaken by Pemberton Township.
(d)
Except as provided in § 190-50.10J, the exemptions, exceptions, applicability standards, and waivers of strict compliance contained in the NJDEP Stormwater Management Regulations at N.J.A.C. 7:8-1.1 et seq. shall not apply within the Pinelands Area.
(4)
Compatibility with other permit and ordinance requirements.
(a)
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.
(b)
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.
(c)
In the event that a regional stormwater management plan(s) is
prepared and formally adopted pursuant to N.J.A.C. 7:8-1.1 et seq.
for any drainage area(s) or watershed(s) of which Pemberton Township
is a part, the stormwater provisions of such a plan(s) shall be adopted
by Pemberton Township within one year of the adoption of a Regional
Stormwater Management Plan (RSWMP) as an amendment to an Areawide
Water Quality Management Plan. Local ordinances proposed to implement
the RSWMP shall be submitted to the Pinelands Commission for certification
within six months of the adoption of the RSWMP per N.J.A.C. 7:8 and
the Pinelands CMP.
B.
COMPACTION
CONTRIBUTORY DRAINAGE AREA
COUNTY REVIEW AGENCY
DESIGN ENGINEER
DEVELOPMENT
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(2)
DISTURBANCE
DRAINAGE AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HIGH POLLUTANT LOADING AREAS
HUC 14 OR HYDROLOGIC UNIT CODE 14
HUC-11 OR HYDROLOGIC UNIT CODE 11
IMPERVIOUS SURFACE — Any surface that has been compacted
or covered with a layer of material so that it prevents, impedes or
slows infiltration or absorption of fluid, including stormwater directly
into the ground, and results in either reduced groundwater recharge
or increased stormwater runoff sufficient to be classified as impervious
in Urban Areas by the United States Department of Agriculture, Natural
Resources Conservation Service Title 210
Engineering, 210-3-1
INFILTRATION
MAJOR DEVELOPMENT
MINOR DEVELOPMENT
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
OR BMP MANUAL
NUTRIENT
PERMEABILITY
PERSON
POLLUTANT
RECHARGE
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
SEASONAL HIGH WATER TABLE
SEDIMENT
SITE
SOIL
SOURCE MATERIAL
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER RUNOFF
WATERS OF THE STATE
WETLAND TRANSITION AREA
WETLANDS OR WETLAND
Lands which are inundated or saturated by water at a magnitude,
duration and frequency sufficient to support the growth of hydrophytes.
Wetlands include lands with poorly drained or very poorly drained
soils as designated by the National Cooperative Soils Survey of the
Soil Conservation Service of the United States Department of Agriculture.
Wetlands include coastal wetlands and inland wetlands, including submerged
lands. The "New Jersey Pinelands Commission Manual for Identifying
and Delineating Pinelands Area Wetlands
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the NJDEP Stormwater Management
Rules at N.J.A.C. 7:8-1.2 unless otherwise defined in the Pinelands
CMP at N.J.A.C. 7:50-2.11 in which case the definition corresponds
to the CMP definition.
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.
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 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.
The change of or enlargement of any use or disturbance of any
land, the performance of any building or mining operation, the division
of land into two or more parcels, and the creation or termination
of rights of access or riparian rights including, but not limited
to:
A change in type of use of a structure or land;
A reconstruction, alteration of the size, or material change
in the external appearance of a structure or land;
A material increase in the intensity of use of land, such as
an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land;
Commencement of resource extraction or drilling or excavation
on a parcel of land;
Demolition of a structure or removal of trees;
Commencement of forestry activities;
Deposit of refuse, solid or liquid waste or fill on a parcel
of land;
In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
material; and
Alteration, either physically or chemically, of a shore, bank,
or flood plain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
In the case of development on agricultural land, i.e. lands
use for an agricultural use or purpose as defined at N.J.A.C. 7:50-2.11,
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 runoff, sediments,
or dissolved materials drain to a particular receiving waterbody or
to a particular point along a receiving waterbody.
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
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the NJDEP Landscape Project
as approved by the NJDEP 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:
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 NJDEP 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.
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.
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by an eleven-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
Small Watershed Hydrology (WINTR-55) Version 1.0, incorporated
herein by reference, as amended and supplemented, available with user
guide and tutorials at http://www.wsi.nrcs.usda.gov/products/W2Q/H&H/Tools_Models/WinTr55.ht
ml or at Natural Resources Conservation Service, 220 Davidson Avenue,
Somerset, NJ 08873. Such surfaces may have varying degrees of permeability.
The process by which water seeps into the soil from precipitation.
Any division of land into five or more lots; any construction
or expansion of any housing development of five or more dwelling units;
any construction or expansion of any commercial or industrial use
or structure on a site of more than three acres; or any grading, clearing
or disturbance of an area in excess of 5,000 square feet.
All development other than 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.
The manual maintained by the NJDEP providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the NJDEP as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the NJDEP 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 NJDEP's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with § 190-50.10C(6) and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
The rate at which water moves through a unit area of soil,
rock, or other material at hydraulic gradient of one.
An individual, corporation, public agency, business trust,
partnership, association, two or more persons having a joint or common
interest, or any other legal entity.
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, ground waters
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 in motor vehicle surface; and/or
The total 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, where the water quality treatment will be modified or removed.
The level below the natural surface of the ground to which
water seasonally rises in the soil in most years.
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 development is to occur or has
occurred.
All unconsolidated mineral and organic material of any origin.
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.
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.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area within 300 feet of any wetland.
A Pinelands Supplement to the Federal Manual for Identifying
and Delineating Jurisdictional Wetlands," dated January, 1991, as
amended, may be utilized in delineating the extent of wetlands based
on the definitions of wetlands and wetlands soils contained in N.J.A.C.
7:50-2.11, 6.3, 6.4 and 6.5.
C.
Stormwater management requirements.
(1)
Stormwater management measures for development regulated under
this section shall be designed to provide erosion control, groundwater
recharge, stormwater runoff quantity control and stormwater runoff
quality treatment in accordance with this section.
(a)
Major development shall meet the minimum design and performance
standards for erosion control established under the Soil Erosion and
Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules
at N.J.A.C. 2:90 and 16:25A.
(b)
All development regulated under this section shall meet the minimum design and performance standards for groundwater recharge, stormwater runoff quality, and stormwater runoff quantity at § 190-50.10C(15), (16), and (17) by incorporating green infrastructure as provided at § 190-50.10C(14).
(2)
All development regulated under this section shall incorporate a maintenance plan for the stormwater management measures in accordance with § 190-50.10I.
(3)
Stormwater management measures shall avoid adverse impacts of
concentrated flow on habitat for threatened and endangered species
in accordance with N.J.A.C. 7:8-5.2(c) and N.J.A.C. 7:50-6.27 and
6.33.
(4)
Tables 1, 2, and 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater BMP Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 190-50.10C(14), (15), (16), and (17). When designed in accordance with the most current version of the New Jersey Stormwater BMP Manual and this section, the stormwater management measures found 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 BMP Manual 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 NJDEP 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 NJDEP website at: https://njstormwater.org/bmp_manual2.htm.
(5)
Where the BMP tables at N.J.A.C. 7:8-5.2(f) differ with Tables 1, 2 and 3 below due to amendment, the BMP Tables at N.J.A.C. 7:8-5.2(f) shall take precedence, except that in all cases the lowest point of infiltration must maintain a minimum separation of two feet to seasonal high water table as required by § 190-50.10C(8)(b), unless otherwise noted.
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)
|
2(b)
|
No(c)
|
2(c)
| |||
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
|
2(c)
|
No(c)
|
1(c)
| |||
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
Small-scale sand filter(a)
|
80
|
Yes
|
Yes
|
2
|
Vegetative filter strip
|
60 to 80
|
No
|
No
|
—
|
Table 2: Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality with
a 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)
|
2(b)
|
No(c)
|
1(c)
| |||
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
Standard constructed wetland
|
90
|
Yes
|
No
|
2(i)
|
Wet pond(d)
|
50-90
|
Yes
|
No
|
2(i)
|
Table 3: BMPs for Groundwater Recharge, Stormwater Runoff Quality,
and/or Stormwater Runoff Quantity only with a 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
|
2
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
Sand filter(c)
|
80
|
Yes
|
No
|
2
|
Subsurface gravel wetland
|
90
|
No
|
No
|
2
|
Wet pond
|
50 to 90
|
Yes
|
No
|
2(i)
|
Footnotes to Tables 1, 2, and 3:
| |
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 190-50.10C(14)(b).
|
(b)
|
Designed to infiltrate into the subsoil.
|
(c)
|
Designed with underdrains, where stormwater percolates into
the underdrain through the soils and is not directed to the underdrain
by an outlet control structure.
|
(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 § 190-50.10B.
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at § 190-50.10B.
|
(i)
|
The top elevation of the impermeable layer or liner must maintain
this two-foot minimum separation to the seasonal high water table.
|
(6)
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 NJDEP and the Pinelands Commission in accordance with § 190-50.10E(2). Alternative stormwater management measures may be used to satisfy the requirements at § 190-50.10C(14) only if the measures meet the definition of green infrastructure at § 190-50.10B. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 190-50.10C(14)(b) are subject to the contributory drainage area limitation specified at § 190-50.10C(14)(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 § 190-50.10C(14)(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 § 190-50.10J is granted from § 190-50.10C(14).
(7)
Hydraulic impacts.
(a)
For all major development, groundwater mounding analysis shall
be required for purposes of assessing the hydraulic impacts of mounding
of the water table resulting from infiltration of stormwater runoff
from the maximum storm designed for infiltration. The mounding analysis
shall provide details and supporting documentation on the methodology
used. Groundwater mounds shall not cause stormwater or groundwater
to breakout to the land surface or cause adverse impacts to adjacent
water bodies, wetlands, or subsurface structures, including, but not
limited to, basements and septic systems. Where the mounding analysis
identifies adverse impacts, the stormwater management measure shall
be redesigned or relocated, as appropriate.
(b)
For all applicable minor development, a design engineer's
certification that each green infrastructure stormwater management
measure will not adversely impact basements or septic systems of the
proposed development shall be required.
(8)
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; wetland transition areas;
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 designed to infiltrate stormwater
shall be designed, constructed, and maintained to provide a minimum
separation of at least two feet between the elevation of the lowest
point of infiltration and the seasonal high water table;
(c)
Stormwater management measures designed to infiltrate stormwater
shall be sited in suitable soils verified by testing to have permeability
rates between one and 20 inches per hour. A factor of safety of two
shall be applied to the soil's permeability rate in determining
the infiltration measure's design permeability rate. If such
soils do not exist on the parcel proposed for development or if it
is demonstrated that it is not practical for engineering, environmental,
or safety reasons to site the stormwater infiltration measure(s) in
such soils, the stormwater infiltration measure(s) may be sited in
soils verified by testing to have permeability rates in excess of
20 inches per hour, provided that stormwater is routed through a bioretention
system prior to infiltration. Said bioretention system shall be designed,
installed, and maintained in accordance with the New Jersey Stormwater
BMP Manual;
(d)
The use of stormwater management measures that are smaller in
size and distributed spatially throughout a parcel, rather than the
use of a single, larger stormwater management measure shall be required;
(e)
Methods of treating stormwater prior to entering any stormwater
management measure shall be incorporated into the design of the stormwater
management measure to the maximum extent practical;
(f)
To avoid sedimentation that may result in clogging and reduction
of infiltration capability and to maintain maximum soil infiltration
capacity, the construction of stormwater management measures that
rely upon infiltration shall be managed in accordance with the following
standards:
[1]
No stormwater management measure shall be placed
into operation until its drainage area has been completely stabilized.
Instead, upstream runoff shall be diverted around the measure and
into separate, temporary stormwater management facilities and sediment
basins. Such temporary facilities and basins shall be installed and
utilized for stormwater management and sediment control until stabilization
is achieved in accordance with N.J.A.C. 2:90;
[2]
If, for engineering, environmental, or safety reasons,
temporary stormwater management facilities and sediment basins cannot
be constructed on the parcel in accordance with Subsection C(18)(f)[1]
above, the stormwater management measure may be placed into operation
prior to the complete stabilization of its drainage area provided
that the measure's bottom during this period is constructed at
a depth at least two feet higher than its final design elevation.
When the drainage area has been completely stabilized, all accumulated
sediment shall be removed from the stormwater management measure,
which shall then be excavated to its final design elevation; and
[3]
To avoid compacting the soils below a stormwater
management measure designed to infiltrate stormwater, no heavy equipment,
such as backhoes, dump trucks, or bulldozers shall be permitted to
operate within the footprint of the stormwater management measure.
All excavation required to construct a stormwater management measure
that relies on infiltration shall be performed by equipment placed
outside the footprint of the stormwater management measure. If this
is not possible, the soils within the excavated area shall be renovated
and tilled after construction is completed. Earthwork associated with
stormwater management measure construction, including excavation,
grading, cutting, or filling, shall not be performed when soil moisture
content is above the lower plastic limit;
(g)
Dry wells shall be designed to prevent access by amphibian and
reptiles;
(h)
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 established at § 190-50.10C(16)(d). 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 one-third 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 § 190-50.10G(3)(a);
(i)
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;
(j)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 190-50.10G; and
(k)
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.
(9)
Manufactured treatment devices may be used to meet the requirements of this Section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the NJDEP. Manufactured treatment devices that do not meet the definition of green infrastructure at § 190-50.10B may be used only under the circumstances described at § 190-50.10C(14)(d).
(10)
Any application for a new agricultural development that meets the definition of major development at N.J.A.C. 7:8-1.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 190-50.10C(14), (15), (16), and (17) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
(11)
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 190-50.10C(15), (16), and (17) shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
(12)
Any stormwater management measure authorized under the municipal stormwater management plan or this Section shall be reflected in a deed notice recorded in the Burlington County Clerk's Office. 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 § 190-50.10C(14), (15), (16), and (17) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 190-50.10I(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.
(13)
A stormwater management measure approved under the municipal stormwater management plan or this section 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 contained in § 190-50.10C(15), (16), and (17) 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 Burlington County Clerk's Office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection C(12) 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 C(12) above.
(14)
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 of this Section.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at § 190-50.10C(15) and (16), the design engineer shall utilize BMPs identified in Table 1 at § 190-50.10C(5) and/or an alternative stormwater management measure approved in accordance with § 190-50.10C(6). 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 system
|
Area of additional inflow cannot exceed 3 times the area occupied
by the BMP
|
Small-scale bioretention systems
|
2.5 acres
|
Small-scale infiltration basin
|
2.5 acres
|
Small-scale sand filter
|
2.5 acres
|
(c)
To satisfy the stormwater runoff quantity standards at § 190-50.10C(17), the design engineer shall utilize BMPs identified in Table 1 or 2 at § 190-50.10C(5) and/or an alternative stormwater management measure approved in accordance with § 190-50.10C(6).
(d)
If a variance in accordance with § 190-50.10J is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3 at § 190-50.10C(5) and/or an alternative stormwater management measure approved in accordance with § 190-50.10C(6) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 190-50.10C(15), (16), and (17).
(e)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at § 190-50.10C(15), (16), and (17).
(15)
Groundwater recharge standards.
(a)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows:
[1]
For all major development, the total runoff volume
generated from the net increase in impervious surfaces by a ten-year,
twenty-four-hour storm shall be retained and infiltrated onsite.
[2]
For minor development that involves the construction
of four or fewer dwelling units, the runoff generated from the total
roof area of the dwelling(s) by a ten-year, twenty-four-hour storm
shall be retained and infiltrated through installation of one or more
green infrastructure stormwater management measures designed in accordance
with the New Jersey Stormwater BMP Manual. Appropriate green infrastructure
stormwater management measures include, but are not limited to dry
wells, pervious pavement systems, and small scale bioretention systems,
including rain gardens.
[3]
For minor development that involves any nonresidential
use and will result in an increase of greater than 1,000 square feet
of regulated motor vehicle surfaces, the water quality design storm
volume generated from these surfaces shall be recharged onsite.
(b)
Stormwater from areas of high pollutant loading and/or industrial stormwater exposed to source material shall only be recharged in accordance with § 190-50.10C(16)(h).
(16)
Stormwater runoff quality standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of:
[1]
Major development;
[2]
Minor development that involves any nonresidential
use and will result in an increase of greater than 1,000 square feet
of regulated motor vehicle surfaces; and
[3]
Any development involving the grading, clearing,
or disturbance of an area in excess of 5,000 square feet within any
five-year period.
(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 established at § 190-50.10C(16)(d) as follows:
[1]
80% 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 C(16)(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
|
0.0083
|
45
|
0.2
|
85
|
1.117
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
8
|
0.01328
|
48
|
0.235
|
88
|
1.1368
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
10
|
0.0166
|
50
|
0.2583
|
90
|
1.15
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.155
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.16
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.165
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.17
|
15
|
0.025
|
55
|
0.3583
|
95
|
1.175
|
16
|
0.03
|
56
|
0.4116
|
96
|
1.18
|
17
|
0.035
|
57
|
0.465
|
97
|
1.185
|
18
|
0.04
|
58
|
0.5183
|
98
|
1.19
|
19
|
0.045
|
59
|
0.5717
|
99
|
1.195
|
20
|
0.05
|
60
|
0.625
|
100
|
1.2
|
21
|
0.055
|
61
|
0.6783
|
101
|
1.205
|
22
|
0.06
|
62
|
0.7317
|
102
|
1.21
|
23
|
0.065
|
63
|
0.785
|
103
|
1.215
|
24
|
0.07
|
64
|
0.8384
|
104
|
1.22
|
25
|
0.075
|
65
|
0.8917
|
105
|
1.225
|
26
|
0.08
|
66
|
0.9117
|
106
|
1.2267
|
27
|
0.085
|
67
|
0.9317
|
107
|
1.2284
|
28
|
0.09
|
68
|
0.9517
|
108
|
1.23
|
29
|
0.095
|
69
|
0.9717
|
109
|
1.2317
|
30
|
0.1
|
70
|
0.9917
|
110
|
1.2334
|
31
|
0.1066
|
71
|
1.0034
|
111
|
1.2351
|
32
|
0.1132
|
72
|
1.015
|
112
|
1.2367
|
33
|
0.1198
|
73
|
1.0267
|
113
|
1.2384
|
34
|
0.1264
|
74
|
1.0383
|
114
|
1.24
|
35
|
0.133
|
75
|
1.05
|
115
|
1.2417
|
36
|
0.1396
|
76
|
1.0568
|
116
|
1.2434
|
37
|
0.1462
|
77
|
1.0636
|
117
|
1.245
|
38
|
0.1528
|
78
|
1.0704
|
118
|
1.2467
|
39
|
0.1594
|
79
|
1.0772
|
119
|
1.2483
|
40
|
0.166
|
80
|
1.084
|
120
|
1.25
|
(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,
and
|
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 established at § 190-50.10C(16)(d). 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 § 190-50.10C(15), (16), and (17).
(g)
For all major development, stormwater management measures shall be designed to achieve a minimum of 65% reduction of the post-construction total nitrogen load from the developed site, including those permanent lawn or turf areas that are specifically intended for active human use as described at N.J.A.C. 7:50-6.24(c)3, in stormwater runoff generated from the water quality design storm established at § 190-50.10C(16)(d). In achieving a minimum 65% reduction of total nitrogen, the design of the site shall include green infrastructure in accordance with the New Jersey Stormwater BMP Manual and shall optimize nutrient removal. The minimum 65% total nitrogen reduction may be achieved by using a singular stormwater management measure or multiple stormwater management measures in series.
(h)
In high pollutant loading areas (HPLAs) and/or areas where stormwater runoff is exposed to source material, as defined in § 190-50.10B, the following additional water quality standards shall apply:
[1]
The areal extent and amount of precipitation falling
directly on or flowing over HPLAs and/or areas where stormwater is
exposed to source material shall be minimized through the use of roof
covers, canopies, curbing or other physical means to the maximum extent
practical in order to minimize the quantity of stormwater generated
from HPLA areas and areas where stormwater runoff is exposed to source
material;
[2]
The stormwater runoff originating from HPLAs and/or areas where stormwater runoff is exposed to source material shall be segregated and prohibited from co-mingling with stormwater runoff originating from the remainder of the parcel unless it is first routed through one or more stormwater management measures required at Subsection C(16)(h)[3] below;
[3]
The stormwater runoff from HPLAs and/or areas where stormwater runoff is exposed to source material shall incorporate stormwater management measures designed to reduce the post-construction load of TSS by at least 90% in stormwater runoff generated from the water quality design storm established at § 190-50.10C(16)(d) using one or more of the measures identified at Subsection C(16)(h)[3][a] or [b] below. In meeting this requirement, the minimum 90% removal of total suspended solids may be achieved by utilizing multiple stormwater management measures in series:
[a]
Any measure designed in accordance with the New
Jersey Stormwater BMP Manual to remove total suspended solids. Any
such measure must be constructed to ensure that the lowest point of
infiltration within the measure maintains a minimum of two feet of
vertical separation from the seasonal high-water table; and
[b]
Other measures certified by the NJDEP, including
a Media Filtration System manufactured treatment device with a minimum
80% removal of total suspended solids as verified by the New Jersey
Corporation for Advanced Technology; and
[4]
If the potential for contamination of stormwater runoff by petroleum products exists onsite, prior to being conveyed to the stormwater management measure required at Subsection C(16)(h)[3] above, the stormwater runoff from the HPLAs and areas where stormwater runoff is exposed to source material shall be conveyed through an oil/grease separator or other equivalent manufactured filtering device providing for the removal of petroleum hydrocarbons. The applicant shall provide the review agency with sufficient data to demonstrate acceptable performance of the device.
(i)
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.
(j)
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.
(17)
Stormwater runoff quantity standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts related to
applicable major and minor development.
(b)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 190-50.10D, 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 preconstruction runoff hydrographs for the same
storm events;
[2]
Demonstrate through hydrologic and hydraulic analysis
that there is no increase, as compared to the preconstruction condition,
in the peak runoff rates of stormwater leaving the site for the two-,
ten-, and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
[3]
Design stormwater management measures so that the
post-construction peak runoff rates for the two-, ten- and 100-year
storm events are 50%, 75% and 80%, respectively, of the preconstruction
peak runoff rates. The percentages apply only to the post-construction
stormwater runoff that is attributable to the portion of the site
on which the proposed development or project is to be constructed;
or
[4]
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection C(17)(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.
(d)
There shall be no direct discharge of stormwater runoff from
any point or nonpoint source to any wetland, wetlands transition area,
or surface waterbody. In addition, stormwater runoff shall not be
directed in such a way as to increase the volume and rate of discharge
into any wetlands, wetlands transition area, or surface water body
from that which existed prior to development of the parcel.
(e)
To the maximum extent practical, there shall be no direct discharge
of stormwater runoff onto farm fields to protect farm crops from damage
due to flooding, erosion, and long-term saturation of cultivated crops
and cropland.
(18)
As-built requirements for major development are as follows:
(a)
After all construction activities have been completed on the
parcel and finished grade has been established in each stormwater
management measure designed to infiltrate stormwater, replicate post-development
permeability tests shall be conducted to determine if as-built soil
permeability rates are consistent with design permeability rates.
The results of such tests shall be submitted to the municipal engineer
or other appropriate reviewing engineer. If the results of the post-development
permeability tests fail to achieve the minimum required design permeability
rate, utilizing a factor of safety of two, the stormwater management
measure shall be renovated and retested until the required permeability
rates are achieved; and
(b)
After all construction activities and required testing have
been completed on the parcel, as-built plans, including as-built elevations
of all stormwater management measures shall be submitted to the municipal
engineer or other appropriate reviewing engineer to serve as a document
of record. Based upon that engineer's review of the as-built
plans, all corrections or remedial actions deemed necessary due to
the failure to comply with design standards and/or for any reason
concerning public health or safety, shall be completed by the applicant.
In lieu of review by the municipal engineer, the municipality may
engage a licensed professional engineer to review the as-built plans
and charge the applicant for all costs associated with such review.
D.
Calculation of stormwater runoff and groundwater recharge.
(1)
Stormwater runoff shall be calculated by the design engineer
using 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, except that the Rational Method for peak flow and
the Modified Rational Method for hydrograph computations shall not
be used. This methodology is additionally described in Technical Release
55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986,
incorporated herein by reference as amended and supplemented. Information
regarding the methodology is available from the Natural Resources
Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf
or at United States Department of Agriculture Natural Resources Conservation
Service, 220 Davison Avenue, Somerset, New Jersey 08873.
(2)
In calculating stormwater runoff using the NRCS methodology,
the appropriate twenty-four-hour rainfall depths as developed for
the parcel by the National Oceanic and Atmospheric Administration,
https://hdsc.nws.noaa.gov/hdsc/pfds/pfds map cont.html?bkmrk=nj, shall
be utilized.
(3)
For the purpose of calculating runoff coefficients and groundwater
recharge, there is a presumption that the preconstruction condition
of a site or portion thereof is a wooded land use with good hydrologic
condition. A runoff coefficient or a groundwater recharge land cover
for an existing condition may be used on all or a portion of the site
if the design engineer verifies that the hydrologic condition has
existed on the site or portion of the site for at least five years
without interruption prior to the time of application. If more than
one land cover has existed on the site during the five years immediately
prior to the time of application, the land cover with the lowest runoff
potential shall be used for the computations. 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).
(4)
In computing preconstruction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce preconstruction stormwater runoff rates and volumes.
(5)
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.
(6)
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.
(7)
Groundwater recharge may be calculated in accordance with the
New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
E.
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 NJDEP'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 BMP 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 of § 190-50.10C(5). The New Jersey Stormwater BMP Manual may be utilized as a guide in determining the extent to which stormwater management activities and measures meet the standards of this section.
(b)
Additional maintenance guidance is available on the NJDEP's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
(2)
Submissions.
(a)
Submissions required for review by the NJDEP 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.
(b)
Submissions required for review by the Pinelands Commission
should be emailed to appinfo@pinelands.nj.gov.
F.
Solids and floatable materials control standards.
(1)
Site design features identified under § 190-50.10C(5), or alternative designs in accordance with § 190-50.10C(6), 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 paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection F(1)(b) below.
(a)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
[1]
The New Jersey Department of Transportation (NJDOT)
bicycle safe grate, which is described in Chapter 2.4 of the NJDOT
Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines;
or
[2]
A different grate, if each individual clear space
in that grate has an area of no more than seven square inches, or
is no greater than 0.5 inches across the smallest dimension.
[a]
Examples of grates subject to this standard include
grates in grate inlets, the grate portion (non-curb-opening portion)
of combination inlets, grates on storm sewer manholes, ditch grates,
trench grates, and grates of spacer bars in slotted drains. Examples
of ground surfaces include surfaces of roads (including bridges),
driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields,
open channels, and stormwater system floors used to collect stormwater
from the surface into a storm drain or surface water body.
[3]
For curb-opening inlets, including curb-opening
inlets in combination inlets, the clear space in that curb opening,
or each individual clear space if the curb opening has two or more
clear spaces, shall have an area of no more than seven square inches,
or be no greater than two inches across the smallest dimension.
(b)
The standard in Subsection F(1)(a) above does not apply:
[1]
Where each individual clear space in the curb opening
in existing curb-opening inlet does not have an area of more than
nine square inches;
[2]
Where the municipality agrees that the standards
would cause inadequate hydraulic performance that could not practicably
be overcome by using additional or larger storm drain inlets;
[3]
Where flows from the water quality design storm established at § 190-50.10C(16)(d) are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
[a]
A rectangular space 4 5/8 inches long and
1 1/2 inches wide (this option does not apply for outfall netting
facilities); or
[b]
A bar screen having a bar spacing of 0.5 inches.
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1].
[4]
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the Water Quality Design Storm established at § 190-50.10C(16)(d); or
[5]
Where the NJDEP 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.
G.
Safety standards for stormwater management basins.
(1)
This section sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This section applies to any new stormwater management BMP.
(2)
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection G(3)(a), (b) or (c) below 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,
the grate shall comply with 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 greater
than two inches across the smallest dimension.
[3]
The overflow grate shall be constructed of rigid,
durable, and corrosion resistant material, 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 G(4) below, a free-standing outlet structure may be exempted from this requirement;
[2]
Safety ledges shall be constructed on the slopes of all new stormwater management 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 to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Subsection G(5) below 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.
H.
Requirements for a site development stormwater plan.
(1)
Submission of site development stormwater plan.
(a)
Any application for major development approval shall include a site development stormwater plan containing all information required in § 190-50.10H(3).
(b)
Any application for minor development approval that is subject to this section shall include a site development stormwater plan containing all information required in § 190-50.10H(4).
(c)
The site development stormwater plan shall demonstrate that
the proposed development meets the standards of this section.
(d)
The site development stormwater plan shall contain comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in § 190-50.10C(16)(d). The standards for groundwater recharge and stormwater runoff rate, volume and quality required by § 190-50.10C(15), (16), and (17) and shall be met using the methods, calculations and assumptions provided in § 190-50.10D.
(f)
The applicant shall submit 15 copies of the site development
stormwater plan. All required engineering plans shall be in CAD Format
15 or higher, registered and rectified to NAD 1983 State Plane New
Jersey FIPS 2900 US Feet or Shape Format NAD 1983 State Plans New
Jersey FIPS 2900 US Feet. All other required documents shall be submitted
in both paper and commonly used electronic file formats such as .pdf,
word processing, database or spreadsheet files.
(2)
Site development stormwater plan approval. The site development
stormwater plan shall be reviewed as a part of the development review
process by the municipal board or official from whom municipal approval
is sought. That municipal board or official shall consult the engineer
retained by the Planning and/or Zoning Board (as appropriate) to determine
if all the checklist requirements have been satisfied and to determine
if the project meets the standards set forth in this section.
(3)
Checklist requirements for major development. Any application
for major development approval shall include a site development stormwater
plan containing, at minimum, the following information.
(a)
Topographic base map. The site development stormwater plan shall
contain a topographic base map of the site that extends a minimum
of 300 feet beyond the limits of the proposed development, at a scale
of one inch = 200 feet or greater, showing one foot contour intervals.
The map shall indicate the following: existing surface water drainage,
shorelines, steep slopes, soils, highly erodible soils, perennial
or intermittent streams that drain into or upstream of any Category
One or Pinelands Waters, wetlands and floodplains along with any required
wetlands transition areas, marshlands and other wetlands, pervious
or vegetative surfaces, existing surface and subsurface human-made
structures, roads, bearing and distances of property lines, and significant
natural and manmade features not otherwise shown. Pemberton Township
or the Pinelands Commission may require upstream tributary drainage
system information as necessary.
(b)
Environmental site analysis. The site development stormwater
plan shall contain a written description along with the drawings of
the natural and human-made features of the site and its environs.
This description shall include:
[1]
A discussion of environmentally critical areas,
soil conditions, slopes, wetlands, waterways and vegetation on the
site. Particular attention shall be given to unique, unusual or environmentally
sensitive features and to those features that provide particular opportunities
for or constraints on development; and
[2]
Detailed soil and other environmental conditions
on the portion of the site proposed for installation of any stormwater
management measures, including, at a minimum:
[a]
A soils report based on on-site soil tests;
[b]
Location and spot elevations in plan view of all
test pits and permeability tests;
[c]
Permeability test data and calculations;
[d]
Any other required soil or hydrogeologic data (e.g.,
mounding analyses results) correlated with location and elevation
of each test site;
[e]
A cross-section of all proposed stormwater management
measures with side-by-side depiction of soil profile drawn to scale
and seasonal high water table elevation identified; and
[f]
Any other information necessary to demonstrate
the suitability of the specific proposed stormwater management measures
relative to the environmental conditions on the portion(s) of the
site proposed for implementation of those measures.
(c)
Project description and site plan(s). The site development stormwater
plan shall contain a map (or maps), at the same scale as 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. The site development
stormwater plan shall contain a land use planning and source control
plan demonstrating compliance with the erosion control, groundwater
recharge, stormwater runoff quantity control and stormwater quality
treatment required by this section. This shall include, but is not
limited to:
[1]
Information demonstrating that the proposed stormwater management measures are able to achieve a minimum 65% reduction of the post- construction total nitrogen load, in accordance with § 190-50.10C(16)(g).
[2]
Where any stormwater generated from high pollutant loading areas or where stormwater will be exposed to source material, information demonstrating that the proposed stormwater management measures are consistent with § 190-50.10C(16)(h).
(e)
Stormwater management facilities map. The site development stormwater
plan shall contain a stormwater management facilities map, at the
same scale as the topographic base map, depicting the following information:
[1]
The total area to be disturbed, paved and/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 manage and recharge stormwater; and
[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 (if applicable)
and emergency spillway provisions with maximum discharge capacity
of each spillway.
(f)
Groundwater mounding analysis. The site development stormwater plan shall contain a groundwater mounding analysis in accordance with § 190-50.10C(7)(a).
(g)
Inspection, maintenance and repair plan. The site development stormwater plan shall contain an inspection, maintenance and repair plan containing information meeting the requirements of § 190-50.10I(2) of this section.
(4)
Checklist requirements for minor development. Any application
for minor development approval that is subject to this section shall
include a site development stormwater plan, certified by a design
engineer, containing, at minimum, the following information:
(a)
All existing and proposed development, including limits of clearing
and land disturbance.
(b)
All existing and proposed lot lines.
(c)
All wetlands and required wetland transition areas.
(d)
The type and location of each green infrastructure stormwater
management measure.
(f)
A design engineer's certification that each green infrastructure stormwater management measure will not adversely impact basements or septic systems of the proposed development, in accordance with § 190-50.10C(7)(b).
(g)
A maintenance plan containing information meeting the requirements of § 190-50.10I(2) of this section.
(5)
Exception from submission requirements. With the exception of Subsection H(3)(g) and (4)(g) above, the municipality may modify or waive any required element of the site development stormwater plan, provided that sufficient information can be provided to demonstrate compliance with the standards of this section. However, application information required in accordance with the Pinelands CMP [N.J.A.C. 7:50-4.2(b)] shall be submitted to the Pinelands Commission, unless the Executive Director of the Pinelands Commission waives or modifies the application requirements.
I.
Maintenance and repair.
(2)
The maintenance plan shall include the following:
(a)
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.
(b)
Responsibility for maintenance of stormwater management measures
approved as part of an application for major development shall not
be assigned or transferred to the owner or tenant of an individual
property, unless such owner or tenant owns or leases the entire site
subject to the major development approval. 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
the maintenance required.
(c)
Responsibility for maintenance of stormwater management measures
approved as part of an application for minor development may be assigned
or transferred to the owner or tenant of the parcel.
(d)
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.
(e)
If the person responsible for maintenance identified under Subsection I(2)(a) above is not a public agency, the maintenance plan and any future revisions based on § 190-50.10I(3)(b)[2] shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(f)
For all major development, the following additional standards
apply:
[1]
The maintenance plan shall include accurate and
comprehensive drawings of all stormwater management measures on a
parcel, including the specific latitude and longitude and block/lot
number of each stormwater management measure. Maintenance plans shall
specify that an inspection, maintenance, and repair report will be
updated and submitted annually to the municipality;
[2]
Stormwater management measure easements shall be
provided by the property owner as necessary for facility inspections
and maintenance and preservation of stormwater runoff conveyance,
infiltration, and detention areas and facilities. The purpose of the
easement shall be specified in the maintenance agreement; and
[3]
An adequate means of ensuring permanent financing
of the inspection, maintenance, repair, and replacement plan shall
be implemented and shall be detailed in the maintenance plan. Financing
methods shall include, but not be limited to:
[a]
The assumption of the inspection and maintenance
program by a municipality, county, public utility, or homeowners association;
[b]
The required payment of fees to a municipal stormwater
fund in an amount equivalent to the cost of both ongoing maintenance
activities and necessary structural replacements.
(g)
For all minor development, maintenance plans shall be required
for all stormwater management measures installed in accordance with
this section and shall include, at a minimum, the following information:
[1]
A copy of the certified plan required pursuant to § 190-50.10H(4);
[2]
A description of the required maintenance activities
for each stormwater management measure; and
[3]
The frequency of each required maintenance activity.
(3)
General maintenance and repair.
(a)
Preventative and corrective maintenance shall be performed to
maintain the function 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.
(b)
The person responsible for maintenance identified under § 190-50.10I(2)(b) 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
[3]
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection I(3)(b)[1] and [2] above.
(d)
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.
(4)
Nothing in this section shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
J.
Variances.
(1)
The exemptions, exceptions, applicability standards, and waivers
of strict compliance contained in the NJDEP Stormwater Management
Regulations at N.J.A.C. 7:8-1.1 et seq. shall not apply within the
Pinelands Area except in accordance with this Section.
(2)
The municipal review agency may grant a variance from the design
and performance standards for stormwater management measures set forth
in its municipal stormwater management plan and this Section, provided
that:
(a)
No variances shall be granted from § 190-50.10C(17)(d), which prohibits the direct discharge of stormwater runoff to any wetlands, wetlands transition area, or surface waterbody and the direction of stormwater runoff in such a way as to increase in volume and rate of discharge into any wetlands, wetlands transition area, or surface water body from that which existed prior to development of the parcel;
(b)
The municipal stormwater plan includes a mitigation plan in
accordance with N.J.A.C. 7:8-4.2(c)11 and N.J.A.C. 7:50-3.39(a)2viii;
(c)
The applicant demonstrates that it is technically impracticable
to meet any one or more of the design and performance standards on-site.
For the purposes of this analysis, technical impracticability exists
only when the design and performance standard cannot be met for engineering,
environmental, or safety reasons. A municipality's approval of
a variance shall apply to an individual drainage area and design and
performance standard and shall not apply to an entire site or project,
unless an applicant provides the required analysis for each drainage
area within the site and each design and performance standard;
(d)
The applicant demonstrates that the proposed design achieves
the maximum possible compliance with the design and performance standards
of this Section on-site; and
(e)
A mitigation project is implemented, in accordance with the
following:
[1]
All mitigation projects shall be located in the
Pinelands Area and in the same HUC-14 as the parcel proposed for development.
If the applicant demonstrates that no such mitigation project is available,
the municipality may approve a variance that provides for mitigation
within the same HUC-11 as the parcel proposed for development, provided
the mitigation project is located in the Pinelands Area.
[2]
The proposed mitigation project shall be consistent with the municipal stormwater management plan certified by the Pinelands Commission. If said stormwater management plan does not identify appropriate parcels or projects where mitigation may occur, the applicant may propose a mitigation project that meets the criteria in Subsection J(2)(e)[1] above.
[3]
The mitigation project shall be approved no later
than preliminary or final site plan approval of the major development.
[4]
The mitigation project shall be constructed prior
to, or concurrently with, the development receiving the variance.
[5]
The mitigation project shall comply with the green infrastructure standards at Subsection C(14).
[6]
If the variance that resulted in the mitigation project being required is from the green infrastructure standards at § 190-50.10C(14), then the mitigation project must use green infrastructure BMPs in Table 1 contained at § 190-50.10C(5), and/or an alternative stormwater management measure approved in accordance with § 190-50.10C(6) that meets the definition of green infrastructure to manage an equivalent or greater area of impervious surface and an equivalent or greater area of motor vehicle surface as the area of the major development subject to the variance. Grass swales and vegetative filter strips may only be used in the mitigation project if the proposed project additionally includes a green infrastructure BMP other than a grass swale or vegetative filter strip. The green infrastructure used in the mitigation project must be sized to manage the water quality design storm established at § 190-50.10C(16)(d), at a minimum, and is subject to the applicable contributory drainage area limitation specified at § 190-50.10C(14)(b), as applicable.
[7]
A variance from the groundwater recharge standards at § 190-50.10C(15) may be granted provided that the total volume of stormwater infiltrated by the mitigation project equals or exceeds the volume required at § 190-50.10C(15).
[8]
A variance from the stormwater runoff quality standards at § 190-50.10C(16) may be granted if the following are met:
[a]
The total drainage area of motor vehicle surface
managed by the mitigation project(s) must equal or exceed the drainage
area of the area of the major development subject to the variance
and must provide sufficient TSS removal to equal or exceed the deficit
resulting from granting the variance for the major development; and
[b]
The mitigation project must remove nutrients to the maximum extent feasible in accordance with § 190-50.10C(16)(g).
[9]
A variance from the stormwater runoff quantity standards at § 190-50.10C(17) may be granted if the following are met:
[a]
The applicant demonstrates, through hydrologic
and hydraulic analysis, including the effects of the mitigation project,
that the variance will not result in increased flooding damage below
each point of discharge of the major development;
[b]
The mitigation project indirectly discharges to
the same watercourse and is located upstream of the major development
subject to the variance; and
[c]
The mitigation project provides peak flow rate attenuation in accordance with § 190-50.10C(17)(b)[3] for an equivalent or greater area than the area of the major development subject to the variance. For the purposes of this demonstration, equivalent includes both size of the area and percentage of impervious surface and/or motor vehicle surface.
[10]
The applicant or the entity assuming maintenance responsibility for the associated major development shall be responsible for preventive and corrective maintenance (including replacement) of the mitigation project and shall be identified as such in the maintenance plan established in accordance with § 190-50.10I. This responsibility is not transferable to any entity other than a public agency, in which case a written agreement with that public agency must be submitted to the review agency.
(3)
Any approved variance shall be submitted by the municipal review
agency to the county review agency and the NJDEP, by way of a written
report describing the variance, as well as the required mitigation,
within 30 days of the approval.
K.
Penalties. Any person(s) who erects, constructs, alters, repairs,
converts, maintains, or uses any building, structure or land in violation
of this section shall be subject to a fine of not less than $100 but
not more than $1,000 and/or sentencing to a period of not more than
90 days in jail. Every continuous day that a violation takes place
shall be considered a separate occurrence.
L.
Severability. Each section, subsection, sentence, clause and phrase
of this section is declared to be an independent section, subsection,
sentence, clause and phrase, and the finding or holding of any such
portion of this section to be unconstitutional, void, or ineffective
for any cause, or reason, shall not affect any other portion of this
section.
M.
Effective date. This section shall be in full force and effect from
and after its adoption and any publication as required by law.