A. 
Accessory buildings as part of principal buildings.
(1) 
Any accessory building attached to a principal building shall adhere to the yard requirements of the particular district in which it is located.
(2) 
Porches, raised decks and accessory structures attached to the principal building shall adhere to the yard requirements for the principal building.
B. 
Location.
(1) 
Swimming pools, tennis courts, other accessory structures not attached to the principal building, paved areas except driveways and other open air uses shall comply with § 176-118D, except that, if erected on a corner lot, the accessory building or structure shall be set back from any side street to comply with the setback line applying to the principal building for that side street.
(2) 
In the case of a principal structure not a corner lot, but with more than one street frontage, accessory structures shall be set back from the rear lot line as prescribed in § 176-118D.
(3) 
If a detached accessory building is located in the front yard, it shall be set back at least the same distance from the street line as required for the principal building.
(4) 
Accessory buildings shall be on the same lot as the principal building. The Zoning Official may approve an exception if an undeveloped lot is contiguous, does not meet the minimum lot size standards for development, and is in common ownership with the lot that contains the principal building.
C. 
Garages and carports in residential districts. Garages and carports for not more than three vehicles may be constructed on a lot. Not more than one commercial registered vehicle owned or used by the resident shall be permitted in a residential zone. This provision shall not be deemed to limit the number of commercial cars or trucks used in conjunction with a permitted agricultural use. A residential garage shall not be used for commercial purposes.
D. 
Satellite dish antennas.
(1) 
For purposes hereof, a "satellite dish antenna" is defined in § 176-9, and includes but is not limited to such structures commonly known as "home video earth stations," "satellite dishes" or "satellite earth stations."
(2) 
Satellite dish antennas are hereby permitted only as an accessory use to an otherwise permitted use in the Township, subject to the following conditions:
(a) 
There shall be only one satellite dish antenna per lot which shall be a maximum height of 12 feet, with the exception of those eligible for roof mounting.
(b) 
A satellite dish antenna shall be ground mounted, except for dishes less than one meter in diameter, which may be roof mounted.
(c) 
A satellite dish antenna shall not be located in a front yard and the minimum setback from side and rear property lines shall be the same as for other accessory buildings and structures, in accordance with § 176-118D.
(d) 
A satellite dish antenna shall be screened from view so that the dish shall not be visible from any street or adjoining or adjacent property at ground level.
(e) 
Only one satellite dish antenna shall be permitted for each apartment complex, townhouse complex, shopping center or other multifamily or multitenant residential or nonresidential property or complex. In the case of such property or complex, the one permitted satellite dish antenna may be placed in any common area, subject to the other provisions of this section and chapter.
(3) 
No satellite dish antenna shall be constructed, erected or installed except in conformance with all provisions of this chapter and only after a zoning permit is obtained from the Zoning Official and a construction permit is obtained from the Construction Official. The application for the zoning permit shall include the following information:
(a) 
The owner and the address of the property where the satellite dish antenna is to be constructed.
(b) 
The name and address of the company or person installing the dish.
(c) 
A sketch or plan of the satellite dish antenna.
(d) 
A plot plan or survey of the property showing the proposed location of the dish and the screening details as required in Subsection D(2) above.
(4) 
Notwithstanding any other provision herein, the approving authority shall not impose on, or prevent, reception of satellite delivered signals by such antenna. The approving authority shall consider the necessity of a direct "line of sight" between the satellite and the antenna in its deliberations.
E. 
Sustainable energy facilities.
[Added 9-12-2012 by Ord. No. 2012-13]
(1) 
For purposes here, "sustainable energy facilities," as defined in § 176-9, include solar and small wind generating systems designed to:
(a) 
Provide all or a portion of the electrical power requirements to provide power for the principal use of the property where said system is to be located and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a small wind or solar energy system designed to meet the energy needs of the principal use. For the purposes of this subsection, the sale of excess power shall be limited so that in no event an energy system is generating more energy for sale than what is otherwise necessary to power the principal use on the property.
(b) 
Small wind and solar energy systems shall only be permitted as an accessory use on the same lot as the principal use. All energy systems require approval from the Zoning Officer and Construction Office prior to installation. Applications for an energy system shall include information demonstrating compliance with the provisions of this subsection. In the event that the Zoning Officer or Construction Office does not believe the provisions of this subsection will be satisfied, an applicant may request a variance from the Planning Board.[1]
[1]
Editor's Note: Amended at time of adoption of Land Use Code (see Ch. 1, General Provisions, Art. III).
(2) 
General conditions.
(a) 
Small wind and solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from a property line.
(b) 
The design of small wind or solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.
(c) 
All applications for a small wind or solar energy system shall limit all clearing and soil disturbance to that which is necessary to accommodate the wind or solar energy system.
(d) 
An applicant shall locate a small wind or solar energy system so that tree removal is not required to the maximum extent practical.
(e) 
The installation of a small wind or solar system shall conform to the National Electric Code as adopted by the New Jersey Department of Community Affairs.
(f) 
The installation of a small wind or solar energy system is subject to all of the local technical requirements for purveyor's interconnection.
(g) 
Other provisions shall not apply to small wind and solar energy systems with regard to height. Wind and solar energy systems shall conform to the height restrictions provided in this subsection.
(3) 
Small wind generating systems, designed as an accessory use, are permitted in all zoning districts subject to the following requirements:
(a) 
Minimum lot size: one acre, provided the lot size provides the ability of the wind turbine system to conform to the bulk requirements listed below.
(b) 
Minimum setbacks. All wind turbines shall be set back from all property lines a distance equal to 100% of the height of the structure, including the blades.
(c) 
Maximum height. The maximum height for a wind turbine shall not exceed 80 feet on lots of one to three acres; on lots of three acres or more the maximum height, including blades, shall be 150 feet above the ground surface at its highest point.
(d) 
Wind turbines shall not be permitted in a front yard.
(e) 
No more than one wind turbine shall be permitted per property.
(f) 
Wind turbines shall not be permitted as a rooftop installation.
(g) 
Noise. All wind energy systems shall comply with the following:
[1] 
In a residential use or zone, sound levels of the wind energy system shall not exceed 55 dBA at a common property line or 50 dBA at the closest occupied structure.
[2] 
In all other cases at a common property line, sound levels of the wind energy system shall not exceed 65 dBA.
[3] 
These levels may be exceeded during short-term events such as utility outages and/or severe windstorms.
[4] 
Wind turbines shall be designed with an automatic brake or other similar device to prevent overspeeding and excessive pressure on the tower structure.
[5] 
Wind energy systems shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.
[6] 
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
[7] 
The tower shall be designed and installed so as not to provide step bolts, a ladder or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.
[8] 
All moving parts of the wind energy system shall be a minimum of 10 feet above ground level.
[9] 
The blades on the wind energy system shall be constructed of a corrosive-resistant material.
[10] 
All guy wires or any part of the wind energy system shall be located on the same lot as the energy system.
[11] 
Tower construction shall be in accordance with the appropriate sections of the Uniform Construction Code as adopted by the State of New Jersey, and any future amendments and/or revisions to same.
[12] 
Electromagnetic interference (EMI). Wind energy conversion system generators and alternators shall be filtered and/or shielded so as to prevent the emission of radio frequency energy which would cause any harmful interference with radio and/or television broadcasting or reception and shall comply with the provisions of Section 47 of the Federal Code of Regulations, Part 15, and subsequent revisions governing said emissions.
[13] 
The structural design shall be signed and sealed by a professional engineer, licensed in the State of New Jersey, certifying that the structural design complies with all of the standards set forth for safety and stability in all applicable codes then in effect in the State of New Jersey and all sections referred to hereinabove.
[14] 
The design calculations shall include a soil boring at the tower location and a soils analysis. If the soils of the site are not satisfactory for the intended construction, the plans shall be designed to eliminate or overcome the poor soil conditions.
(4) 
Solar energy systems as accessory uses.
(a) 
Solar panels shall be permitted as a rooftop installation in any zoning district. The solar panels shall not exceed a height of 16 inches from the rooftop. In no event shall the placement of the solar panels result in a total height, including the building and solar panels, that exceeds the maximum height permitted for the principal building in the zoning district.
(b) 
Solar panels shall be permitted as ground arrays in any zoning district in accordance with the following standards:
[1] 
All ground arrays shall be set back a minimum distance of 20 feet from all property lines in a residential zoning district or in conformance with the bulk standards for accessory structures in commercial districts and be shielded from view to the maximum extent practicable without compromising operational efficiency.
[2] 
Ground arrays shall not be permitted in a front yard.
[3] 
Ground arrays shall not occupy more than 30% of the designated rear or side yard area of the subject lot.
[4] 
Ground arrays shall be located so that any glare is minimized on adjoining properties.
[5] 
Ground arrays shall not exceed a height of 15 feet above the natural ground surface.
(5) 
Abandonment.
(a) 
A small wind energy system or solar energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned.
(b) 
The Zoning Officer may issue a notice of abandonment to the owner. The notice shall be sent via regular and certified mail, return receipt requested, to the owner of record.
(c) 
The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date.
(d) 
If the owner provides information that demonstrates the small wind energy or solar energy system has not been abandoned, the Zoning Officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.
(e) 
Any abandoned system shall be removed at the owner's sole expense within six months after the owner receives the notice of abandonment from the Township. If the system is not removed within the six months of receipt of notice from the Township notifying the owner of such abandonment, the Township may remove the system as set forth below.
(f) 
When an owner of a wind or solar energy system has been identified to remove same and has not done so six months after receiving said notice, then the Township may remove such system and place a lien upon the property for the cost of the 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.
(6) 
Limitations for principal solar energy systems/facilities.
[Added 3-13-2013 by Ord. No. 2013-1]
(a) 
Solar energy systems or facilities shall be permitted in accordance with the provisions of this chapter, provided that public service infrastructure necessary to support the solar energy facility is available, or can be provided without any off-site development in the Preservation Area District or a forest area.
(b) 
Should the development of new or expansion of existing on-site or off-site infrastructure be necessary to accommodate a principal solar energy system or facility, clearing shall be limited to that which is necessary to accommodate the use in accordance with N.J.A.C. 7:50-6.23. New rights-of-way shall be limited to a maximum width of 20 feet, unless additional width is necessary to address specific safety or reliability concerns.
A. 
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 Agricultural, the Natural Resources Conservation Service, and the New Jersey Agricultural Experimental Station at Rutgers University.
B. 
In the Agricultural District a resource conservation plan shall be submitted in accordance with § 176-108.
C. 
Right to farm. All agricultural operations in the AG 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 operation, dust limits and odor restrictions, except those ordinances and regulations that are strictly necessary for the maintenance of public health.
All apartment, townhouse or condominium units must have central heating and air-conditioning systems with independent controls for each unit. If central air conditioning is not feasible, application may be made to the Planning Board for approval of individual units.
A. 
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.
B. 
Any application for a proposed development that will generate substantial vehicular traffic or space heating emissions, in addition to the submission requirements of Article VII, shall submit a traffic study and air quality report in accordance with § 176-109, containing information relative to the impact of the proposed development on air quality, to 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.
C. 
No smoke shall be emitted from any chimney or other source visible gray greater than No. 1 on the Ringelmann Smoke Chart as published by the U.S. Bureau of Mines. Smoke of a shade not darker than No. 2 on the Ringelmann Chart may be emitted for not more than four minutes in any thirty-minute time period. These provisions, applicable to visible gray smoke, also shall apply to visible smoke of a different color, but with an equivalent apparent opacity.
D. 
No emission of dust, dirt, fly ash, fumes, vapors and gases shall be made which can cause any damage to health, animals or vegetation or other forms of property or which can cause any noticeable soiling at point. No emission of liquid or solid particles from any chimney, etc., shall exceed 0.3 grains per cubic foot of the covering gas at any point. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° and 50% excess air.
[Amended 9-12-2018 by Ord. No. 2018-24; 12-13-2023 by Ord. No. 2023-25]
A. 
Agricultural animals. Agricultural animals, as defined in § 176-9 of this chapter, with the exception of horses and chickens or ducks in residential zones, may be kept and maintained only if the following conditions are met.
(1) 
The lot on which the agricultural animals are to be located is at least five acres in size.
(2) 
The lot on which the agricultural animals are to be located is qualified, pursuant to the Farmland Assessment Act of 1964 (N.J.S.A. 54:4-23.1 et seq.) as land actively devoted to agricultural use.
(3) 
A farm management plan prepared in accordance with the guidelines of the U.S. Department of Agricultural, Natural Resources Conservation Service, is filed with the Township.
(4) 
The use of the animals directly relates to the agricultural use for which the farmland assessment has been granted.
(5) 
Appropriate shelter, as defined in § 176-9 of this chapter, shall be provided for all agricultural animals.
(6) 
No shipping container, crate, truck body, van or other similar enclosures shall be utilized for sheltering or housing of the agricultural animals.
B. 
Horses. Horses are permitted on lots in all zoning districts of one acre or more, exclusive of buffers, easements and other specific restrictions, if the following conditions are met:
(1) 
There shall be no more than two horses located on a minimum of one acre of fenced land, with an additional 10,000 square feet of fenced land area required for each additional horse.
(2) 
No parcel of less than five acres shall be used for a commercial boarding stable.
C. 
Chickens and ducks are permitted on Residential Zoned lots in accordance with the following table:
Properties between 0.5 acres up to less than five acres shall be permitted to have up to 12 chickens or ducks in accordance with the following table:
Number of Chickens or Ducks
Minimum Size of Enclosed Yard
Minimum Size of Coop or Shelter
1 to 3
24 square feet
6 square feet
4
32 square feet
8 square feet
5
40 square feet
10 square feet
6
48 square feet
12 square feet
7
56 square feet
14 square feet
8
64 square feet
16 square feet
9
72 square feet
18 square feet
10
80 square feet
20 square feet
11
88 square feet
22 square feet
12 (Maximum)
96 square feet
24 square feet
(1) 
All chickens and ducks shall be contained in a secure coop or fenced run constructed to prevent the animals escape. No free range birds shall be permitted. All coops and pens shall be fully enclosed by a fence and constructed with a roof. Chickens/ducks coops shall have a buffer distance between side and rear property lines and the edge of any coop or run of 25 feet. All fully enclosed coops and runs are to be located only in the rear yard. The area of the rear yard would be defined as the area between the rear building line of the principal building and the respective twenty-five foot buffer line measured from the rear and side property lines. No permit fee shall be required for any residential property owner requesting to have chickens or ducks located on the resident's property. The application form and permit shall be obtained from the Township Municipal Clerk's Office.
(2) 
The keeping of roosters on residential zoned lots is prohibited.
(3) 
The slaughtering of chickens or ducks in public view, including open or exposed yards, is prohibited.
(4) 
All chickens or ducks shall remain contained on their owner's property.
(5) 
The resident or owner (as appropriate) shall be obligated to notify the Animal Control Officer within 10 days of any rapid die-offs of their flock.
D. 
General requirements.
(1) 
All animals and animal shelters and stables shall be kept in a clean and sanitary condition and maintained to eliminate objectionable odors and accumulation of flies. Bedding straw and manure shall be properly disposed on a regular basis.
(2) 
Fencing shall be provided and maintained to prevent the animals from leaving the premises in which they are maintained. All fences shall be constructed of material as defined in § 176-9 of this chapter and in such a manner as to prevent the escape of animals.
(3) 
Shelters and stables for animals shall not be located closer than 50 feet to any property line. Shelters and stables for animals shall not be located in a front yard.
(4) 
Minimum stall, stable or shelter size for each horse shall be 100 square feet (10 feet by 10 feet).
(5) 
Manure shall be removed regularly from all interior shelters and stables. Once manure is removed, it should be handled in one of the following manners:
(a) 
Used immediately by incorporation into the soil of a garden or by spreading on neighboring fields. If manure is to spread on neighboring fields, application is not to exceed 10 tons per acre or the latest recommendations from the state's land grant college.
(b) 
Incorporated into a composting procedure so that odors, flies, and other vermin do not create a problem. A manure pile does not qualify as a composting procedure.
(c) 
Stored in a rain-free, well-drained, screened and fly- and vermin-free storage area located at least 50 feet or more from the property line until the manure can be handled in any of the above alternatives.
(6) 
All structures and stables shall meet existing building codes, and all fencing shall meet existing codes.
No apartment, condominium or townhouse dwelling unit shall be constructed unless the dwelling is part of an approved site plan and unless the following minimum standards are met in addition to the other applicable requirements of this chapter:
A. 
General requirements.
(1) 
Each complex of buildings shall have an architectural theme with appropriate variations in design to provide attractiveness and compatibility with adjacent land uses. Such variations in design shall result from the use of landscaping and the orientation of buildings to the natural features of the site and to other buildings, as well as from varying unit widths, using different exterior materials, changing roof lines and roof designs, varying building heights and changing window types, shutters, doors, porches and exterior colors. Architectural elevations shall be submitted to the Board for review and approval.
(2) 
All dwelling units shall be connected to approved and functioning water and sanitary sewer systems prior to the issuance of a certificate of occupancy.
(3) 
There shall be a parking area set aside on the same site as the building and located within 150 feet of the nearest entrance of the building.
(4) 
Dwelling units shall have access to a master television antenna system and individual units may not erect individual external television antennas.
(5) 
Waste management (§ 176-99) and recycling (§ 176-83) requirements shall be met.
(6) 
Buffer requirements of § 176-52 and landscaping requirements of § 176-72 shall be met.
(7) 
Open space shall be set aside, with access from a public right-of-way for the use and enjoyment of the residents. Such open space may be dedicated to and accepted by the Township; put into common ownership pursuant to the Condominium Act of 1970; or transferred to a homeowners' or open space association representing the owners of the individual lots. Nothing herein shall be construed to require the Township to accept a dedication of property to the Township.
(8) 
Each one-bedroom dwelling unit shall contain not less than 850 square feet of usable space; each two-bedroom dwelling unit shall contain not less than 1,000 square feet of usable space; each efficiency dwelling unit shall contain not less than 600 square feet of usable space; any dwelling unit having more than two-bedrooms shall require 200 additional square feet per additional bedroom. Such measurement may not include stairwells, but may include halls.
(9) 
Each dwelling unit shall be provided with 600 cubic feet of storage space, which space may be located in the basement.
(10) 
No floor area of a room having more than 1/2 of its height below the average finished grade immediately adjacent to the structure shall be accountable toward meeting the minimum floor area requirement for dwelling units.
(11) 
No commercial, industrial, business or professional use shall be permitted in any apartment building, condominium or townhouse unless approved by the Planning Board that such use is compatible with the general residential nature of the building and compatible with the appropriate use of adjoining lands.
B. 
Apartments and condominiums.
(1) 
Multifamily residential projects that include buildings with four or more dwelling units in a single structure must provide one barrier-free unit for every four units developed.
(2) 
No apartment or condominium building shall have more than 16 units.
C. 
Townhouses.
(1) 
No townhouse unit shall be less than 20 feet wide. No more than six units per townhouse building shall be permitted.
(2) 
The front facade of any structure shall not continue on the same plane for a distance of more than the width of two adjacent dwelling units. Offset between front facade planes shall be at least four feet and not more than 20 feet.
(3) 
Each dwelling unit shall consist of at least two stories.
(4) 
Every dwelling unit shall have direct access to the private area that is provided for that dwelling unit.
(5) 
All units shall be offered, on a non-rental basis by the original developer or sponsor, so that each individual dwelling unit, when initially built, shall be for sale.
(6) 
Under no circumstances shall the arrangement of townhouse lots require the crossing of one lot in order to achieve access to another.
(7) 
Fire walls for townhouse units shall be provided in accordance with the definitions and requirements specified in the most current edition of the New Jersey Uniform Construction Code.[1]
[1]
Editor's Note: Amended at time of adoption of Land Use Code (see Ch. 1, General Provisions, Art. III).
Bikeways shall be required at the Board's discretion, depending 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 planning adopted by the Township. Bicycle traffic shall be separated from motor vehicle and pedestrian traffic as much as possible.
A. 
Bicycle lanes, where provided, shall be placed in the outside lane of a roadway, adjacent to the curb or shoulder. When on-street parking is permitted, the bicycle lane shall be between the parking lane and the outer lane of moving vehicles. Lanes shall be delineated with markings, preferably striping. Raised reflector or curbs shall not be used.
B. 
Dimensions and construction specifications of bicycle paths shall be determined by the number and type of users and the location and purpose of the bicycle path. A minimum of eight feet paved width should be provided for two-way bicycle traffic and a five feet width for one-way traffic.
(1) 
Choice of surface materials, including bituminous mixes, concrete, gravel, soil cement, stabilized earth and wood planking, shall depend on use and users of the path.
(2) 
Gradients of bike paths should generally not exceed a grade of 5%, except for short distances.
C. 
Bicycle lanes shall be four feet wide, or wide enough to allow safe passage of bicycles and motorists.
D. 
Bicycle-safe drainage grates shall be used in the construction of all residential streets.
Block length and width, or acreage within bounding roads, shall be designed to accommodate density and bulk requirements of a particular zoning district and to provide for convenient access, circulation and control. When an application involves the creation of new blocks and lots, it will not be deemed complete unless the blocks and lots shown on any subdivision or site plan have been certified true and correct by the Township Tax Assessor in writing.
A. 
Function and materials. Buffering shall provide a year round visual screen in order to minimize adverse impacts from a site on an adjacent property or from adjacent areas. It may consist of fencing, a mixture of deciduous trees and evergreens, berms, rocks, boulders, mounds, or combinations to achieve the stated objectives. Any required landscaping in a buffer area shall comply with the vegetation standards specified in § 176-72.
B. 
When required.
(1) 
Buffering shall be required when topographical or other barriers do not provide reasonable screening and when the Planning Board determines there is a need to shield the site from adjacent properties and to minimize adverse impacts, such as incompatible land uses, noise, glaring light, and traffic. No drainage basin shall be located within the required landscaped portion of any buffer area. In small lot developments, when building design and placement do not provide privacy, the Planning Board may require landscaping, fences, or walls to ensure privacy and screen dwelling units.
(2) 
Where required, buffers shall be measured from side and rear property lines, excluding access driveways, and shall not be counted as part of any required front yard area. Buffers may be counted as part of any required side or rear yard area conditioned that no deviation shall occur to the type, size and width of the buffer.
C. 
Dimensions.
(1) 
Where more intensive land uses abut less intensive uses a landscaped buffer strip of 50 feet, but not to exceed 10% of the lot area, in width shall be required.
(2) 
Lots with rear yards abutting a street shall have a landscaped buffer strip of 15 feet, but not to exceed 10% of the lot area. Fencing may be placed in this buffer strip.
(3) 
Garbage collection, recycling and utility areas, and loading and unloading areas shall be screened around their perimeter by a landscaped buffer strip a minimum of five feet wide. Such screening shall be by an extension of the building, a fence, berm, wall, evergreen planting, or combination thereof, and shall not be less than four feet in height.
(4) 
Where residential subdivisions abut higher order streets, adjacent lots should front on lower order streets, and a landscaped buffer area shall be provided along the property line abutting the road. The buffer strip shall be a minimum of 15 feet wide, but not exceed 10% of the lot area, and include both trees and shrubs.
(5) 
Parking area perimeters shall be buffered from adjoining residential uses or zones by twenty-five-foot-wide landscaped buffer areas that include both trees and shrubs.
D. 
Design. Arrangement of plantings in buffers shall provide maximum protection to adjacent properties and avoid damage to existing plant material. Possible arrangements include planting in parallel, serpentine, or broken rows. If planted berms are used, the minimum top width shall be four feet and the maximum side slope shall be 2:1.
E. 
Planting specifications. Plant materials shall be sufficiently large and planted in such a fashion that a screen at least eight feet in height shall be produced within three growing seasons. All plantings shall be installed according to accepted horticultural standards.
(1) 
The preservation of natural wooded tracts shall be an integral part of all site plans and subdivisions and may be calculated as part of the required buffer area, provided that the growth is of a density and the area is of a width to serve the purpose of a buffer.
(2) 
Shrubs and hedges used in screen planting shall be at least three feet in height when planted and shall be of such density to obscure, throughout the full course of the year, the glare of automobile headlights emitted from the premises.
(3) 
Except for existing preserved or transplanted vegetation, evergreen species shall be at least six feet in height at the time of planting. Deciduous trees shall be at least 2 1/2 inches caliper and a minimum of 10 feet in height at the time of planting.
(4) 
Screen plantings shall be placed in accordance with § 176-60B and shall be no closer than 10 feet from any street or five feet from any interior property line at maturity.
(5) 
All vegetation contained within a landscaped buffer shall be deed restricted against removal, destruction or any modification other than that normally required for maintenance.
F. 
Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season. Dead or dying plants shall be replaced by the developer or owner during the next planting season. No buildings, structures, storage of materials, or parking shall be permitted within the landscaped buffer area; buffer areas shall be maintained and kept free of all debris, rubbish, weeds, and tall grass.
G. 
Scenic corridors.
(1) 
No buildings shall be located within 200 feet of any river, lake, pond, or stream.
(2) 
All structures within 1,000 feet of the center line of the Mullica River from Medford Road to Sandy Causeway Road shall be designed to avoid visual impacts as viewed from the river.
(3) 
No buildings shall be located within 200 feet of the center line of any public paved road in the Preservation, Rural Residential and Recreation/Conservation Districts, except for those roads which provide for internal circulation within residentially developed areas.
(4) 
No approval or permit shall be issued for development along the scenic corridors as designated above, other than for establishments for the sale of agricultural products, unless the applicant demonstrates that all buildings are set back at least 200 feet from the center line of the scenic corridor, except that:
(a) 
If compliance with the two-hundred-foot setback is constrained by environmental or other physical considerations, such as wetlands or active agricultural operations, the building shall be set back as close to 200 feet as practical; provided, however, that the location of the building conforms to the requirements for wetlands as specified in § 176-103, and the site shall be landscaped to provide screening between the building and the corridor.
(b) 
If an applicant for development approval demonstrates that more than 50% of the existing development patterns of the corridor are such that buildings are set back less than 200 feet within 1,000 feet of the site proposed for development, then a setback shall be established for the proposed development that is consistent with the established development pattern, provided the site is landscaped to provide screening between the building and the corridor.
(5) 
The requirements of Subsection G(3) and (4) above shall not apply to residential cluster developments which comply with the standards of § 176-136.
[Added 9-12-2012 by Ord. No. 2012-15]
H. 
Screening.
(1) 
No more than 10 automobiles, trucks or other motor vehicles, whether or not they are in operating condition, shall be stored on any lot unless such motor vehicles are adequately screened from adjacent residential uses and scenic corridors. Where permitted, all vehicles not in operating condition shall be stored only if the gasoline tanks of such vehicles are drained. This section shall not apply to vehicles that are in operating condition and maintained for agricultural purposes on an agriculturally used parcel.
(2) 
Each off-street parking lot area shall have a minimum area equivalent to one parking space for every 30 spaces landscaped with approximately 1/2 of said area having shrubs no higher than three feet and the other half having trees with branches no lower than seven feet. Such landscaped areas shall be distributed throughout the parking area in order to break the view of parked cars in a manner not impairing visibility. All areas between the parking area(s) and the building(s) shall be landscaped. Shade trees shall be planted at a rate of one tree per five parking stalls.
A. 
The capital improvement program in each year's annual municipal budget, as mandated by N.J.S.A. 40A:4-43, is incorporated herein as the annual capital improvement program for the Township.
B. 
Where available, in the discretion of the Planning Board and subject to the requirements of § 176-28, in order to promote the public health, safety and welfare in potable water and safe water supply, all developments approved after the effective date of this chapter shall, where available, use public water in lieu of individual wells. If individual wells are used, they shall be a minimum of 100 feet in depth, unless the well penetrates an impermeable clay aquiclude, in this case the well shall be drilled and cased to at least 50 feet. All private wells shall be designed and installed in accordance with the standards of the Township, county or state agency having jurisdiction.
C. 
In order to provide for sufficient residentially zoned property to be eligible for an increase in density to accommodate transferred development credits and to ensure sufficient revenues to provide for the repayment of Township obligations for capital improvements and infrastructure necessary to accommodate said increased densities; to promote compliance with the energy conservation standards in § 176-63; to regulate growth so development occurs on lands suitable for development based on analysis of the natural resource inventory and considering the cumulative impact on developable lands as a result of construction; to encourage the desired growth and densities only in areas where the Master Plan anticipates development and the growth of services to serve said development; and to achieve a sufficient variation in the quality and type of tax rebates among residential, commercial and industrial development to reduce the demand on various Township services, including schools occasioned by predominately residential development, the following standards shall apply with regard to public sewer:
(1) 
Unless otherwise permitted by this chapter, no extension of the public sewer system will be permitted outside the regional growth area of the Township, and any extension shall be consistent with the latest revision of the Waterford Township Wastewater Management Plan.
(2) 
Any increase in available public sewer capacity obtained or achieved after the effective date of this chapter shall be allocated as follows:
(a) 
Residential development: 25%.
(b) 
Nonresidential development: 75%.
(3) 
At the time of approval of any development proposed to utilize public sewer, the Township Administrator, or his designee, in conjunction with calculations to be supplied by the Township Engineer and the Municipal Utilities Authority, shall provide the approving authority an estimate of the then remaining sewer capacity and the effect of approval of the development on the limitations established above. The Township Committee shall monitor approvals utilizing public sewer in accordance with the above limitations and may periodically revise the allocations above based on actual experience with developments proposed to be serviced by public sewer.
(4) 
Provided that the design and performance standards of this chapter are met and provided further that the minimum lot size, density, open space and zoning requirements for the district in which the development is located are met, proposed developments utilizing public sewer may still be approved by the Board if the limitations specified in § 176-53C(2) hereinabove are exceeded, if a variance is applied for and granted by the Planning Board. The Board shall be guided by the goals set forth in this subsection when making said determination and, as long as the committed capacity is not exceeded, variances for this subsection shall be granted to residential developments that have increased densities by the utilization of PDCs.
A. 
No person shall apply any herbicide to any road or public utility right-of-way within the Township unless necessary to protect an adjacent agricultural activity.
B. 
Use of the following substances is prohibited in the Township to the extent that such use will result in direct or indirect introduction of such substances to any surface or groundwater or surface of any land:
(1) 
Septic tank cleaners; and
(2) 
Waste oil.
C. 
All storage facilities for deicing chemicals shall be lined to prevent leaking into the soil and shall be covered with an impermeable surface that shields the facility from precipitation.
D. 
In accordance with the CMP, no hazardous, toxic, chemical, petroleum (including oil spill pollutants), septic or nuclear waste shall be stored, discharged or disposed of on any land within the Township. Liquid or dewatered sludge may only be applied as a part of a land application program for agricultural purposes when also approved by the NJDEP.
E. 
No use, activity, operation or device concerned with the utilization or storage of radioactive materials shall be established, modified, constructed or used without there having first been obtained valid permits and certificates from the Office of Radiation Protection, New Jersey Department of Environmental Protection. Proof of compliance with this requirement shall be the submission of duplicate copies of said permits and certificates.
Local communication facilities, where permitted under Article XI, shall comply with the following conditions:
A. 
There must be a demonstrated need for the facility to serve the local communication needs of the Pinelands, including those related to public health and safety, as well as a demonstrated need to locate the facility in the Pinelands in order to provide adequate service to meet these needs.
B. 
The supporting structure shall be designed to accommodate the needs of any other local communications provider which has identified a need to locate a facility within an overlapping service area.
C. 
The antenna shall utilize an existing communications or other suitable structure to the extent practicable.
D. 
If an existing communications or other suitable structure cannot be utilized, the antenna and any necessary supporting structure shall be located such that it:
(1) 
Meets technical operating requirements;
(2) 
Minimizes visual impacts as viewed from publicly dedicated roads and highways and from other areas frequented by the public by, in order of decreasing priority:
(a) 
Avoiding, to the maximum extent practicable, any direct line of sight from low intensive recreation facilities and campgrounds; and
(b) 
Minimizing the length of time that an antenna structure is visible from publicly dedicated roads and highways.
(3) 
Avoids, to the maximum extent practicable, visual impacts as viewed from any river, lake, pond, or stream.
(4) 
Minimizes visual impacts from existing residential dwellings located on contiguous parcels through adherence to the buffer and setback requirements in § 176-52.
(5) 
The antenna and any supporting structure does not exceed 200 feet in height but, if of 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.
(6) 
The location of any antenna shall not interfere with any air traffic lane for Philadelphia International, Atlantic City International, or any other airport within proximity.
A. 
Applicability. All development in Waterford Township shall demonstrate conformance to the design and performance standards of this article. The streets, drainage, rights-of-way, school sites, public parks, playgrounds and playfields, scenic areas, historic sites and flood control basins shown on the Master Plan shall be considered in the approval of all development. To the extent consistent with the reasonable utilization of land, site design shall promote the conservation of energy through the use of planning practices designed to reduce energy consumption and to provide for maximum utilization of renewable energy sources.
B. 
Approvals required.
(1) 
No use shall be made of any lands or buildings in the Township until all required approvals are obtained through an application for development for a subdivision, site plan, planned development, conditional use, zoning variance or direction for the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36, or until the applicant has obtained written certification from the Zoning Official that the proposed use is either an exempt site plan or exempt subdivision as defined in this chapter or that no approvals are otherwise necessary.
(2) 
No construction or other physical alteration of any lands or buildings in the Township shall be made without compliance with the preconditions to commencement of construction and the obtaining of all required permits required pursuant to Article II and the Uniform Construction Code. No use shall be made of any lands or buildings in the Township pending any appeal pursuant to § 176-18K and L.
(3) 
No building or structure shall be erected, reconstructed, demolished, altered or restored, no use shall be made of any land, and no development shall be approved, unless the building, structure, use or development meets the design and performance standards specified in this chapter for all developments and the design and performance standards specified in this chapter for the specific type or class of use proposed, and meets the applicable zoning requirements specified in this chapter unless a zoning variance is granted in accordance with N.J.S.A. 40:55D-70 and § 176-105D.
(4) 
In addition to each and every other approval requirement of this chapter, no person shall carry out any development until an application for such development has been submitted to the Commission and a certificate of filing has been issued by the Commission. This requirement shall not apply to the development of single-family homes on existing lots of record pursuant to § 176-14C or to those activities listed in § 176-14A(2).
C. 
Planning studies. On occasion the Township Committee may authorize the Planning Board to complete specialized planning studies in conjunction with the Master Plan. Upon adoption of any such study into the Master Plan by resolution of the Planning Board, the standards, goals and recommendations of said planning study shall be considered by the approving authority in evaluating any application for development proposed for the area or zone covered by such studies, and the applicant shall address such standards, goals and recommendations of the study in the application for development.
D. 
Character of the land. Land which the approving authority finds to be in areas having severe or moderate soil characteristics, particularly as the land relates to flooding, improper drainage, steep slopes soil conditions, adverse topography or other features which can reasonably be expected to be harmful to the health, safety and general welfare of present or future inhabitants of the development and/or its surrounding areas shall not be subdivided, and site plans shall not be approved unless adequate and acceptable methods are formulated by the developer to solve the problems by methods meeting the requirements of this chapter.
E. 
Plats straddling municipal boundaries. Whenever a development abuts or crosses a municipal boundary, access to those lots within the Township shall be from within the Township as the general rule. Whenever access to a development is required across land in an adjoining municipality as the exception, the approving authority shall require documentation that such access is legally established and that the access road is adequately improved, conforms to sound planning principles, and will not create a hardship upon the furnishing of municipal services, such as police and fire protection, snow removal, school bus service, and trash collection.
A. 
Residential dwelling units on 3.2 acre lots are permitted in the Recreation/Conservation, Agricultural and Preservation Districts, provided that:
(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; and
(3) 
The parcel of land on which the dwelling is to be located has been in 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.
(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 years.
B. 
Residential dwelling units on lots of 1.0 acre are permitted in the Recreation/Conservation, Agricultural and Preservation Districts, provided that:
(1) 
The applicant satisfies all of the requirements set forth in § 176-57A above.
(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 Commission pursuant to the interim rules and regulations prior to January 14, 1981.
(3) 
The applicant qualifies for and receives a variance, from the Township, from the 3.2 acre lot size requirement set forth in § 176-57A above.
(4) 
The applicant purchases and redeems 0.25 PDC.
(5) 
Any PDCs allocated to the lot to be developed are reduced pursuant to § 176-15A(2)(c).
A. 
Concrete curb and gutter, concrete curb, or bituminous concrete curb shall be installed along every street within a development; at all intersections with Township roads, state and county highways; where stormwater velocities exceed the erosion velocities specified in the "New Jersey Soil Erosion and Sediment Control" standards; and for traffic channelization and control. The standard curb section to be used shall not be more than 20 feet in length, with a scored joint every 10 feet, and shall be set in accordance with approved lines and grades.
B. 
Where curbing is not required, edge definition and stabilization shall be furnished for safety reasons, and to prevent pavement unraveling.
C. 
Where drainage inlets are constructed but curbs are not required, curbing must be provided at least 10 feet on each side of the inlet, set back one foot from the extension of the pavement.
D. 
Radial curbs shall be formed in an arc segment, in a smooth curve. Chord segments are prohibited.
E. 
All curbing shall be eight inches at the base by 18 inches in height and six inches at the top with a six inches reveal. Concrete used shall be Class B concrete having a twenty-eight-day compressive strength of 4,500 pounds per square inch and shall be air entrained.
F. 
Depressed curb ramps for the handicapped shall be installed at all radii in accordance with the requirements of New Jersey Public Laws Chapter 5, Sections 200 and 201, and requirements set forth in Title 23, United States Code, "Highways", Section 402, Paragraph (b)(I)(F).
[Amended 1-6-2007 by Ord. No. 2006-19; 5-10-2023 by Ord. No. 2023-6]
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 Waterford 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 § 176-59B 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 Waterford Township.
(d) 
Except as provided in § 176-59J, 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 Waterford Township is a part, the stormwater provisions of such a plan(s) shall be adopted by Waterford 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. 
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.
COMPACTION
The increase in soil bulk density.
CONTRIBUTORY DRAINAGE AREA
The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.
COUNTY REVIEW AGENCY
An agency designated by the County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
(1) 
A county planning agency; or
(2) 
A county water resource association created under N.J.S.A 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DESIGN ENGINEER
A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
DEVELOPMENT
(1) 
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) 
A change in type of use of a structure or land;
(b) 
A reconstruction, alteration of the size, or material change in the external appearance of a structure or land;
(c) 
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;
(d) 
Commencement of resource extraction or drilling or excavation on a parcel of land;
(e) 
Demolition of a structure or removal of trees;
(f) 
Commencement of forestry activities;
(g) 
Deposit of refuse, solid or liquid waste or fill on a parcel of land;
(h) 
In connection with the use of land, the making of any material change in noise levels, thermal conditions, or emissions of waste material; and
(i) 
Alteration, either physically or chemically, of a shore, bank, or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.
(2) 
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.
DISTURBANCE
The placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.
DRAINAGE AREA
A geographic area within which stormwater runoff, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.
ENVIRONMENTALLY CRITICAL AREA
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.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
GREEN INFRASTRUCTURE
A stormwater management measure that manages stormwater close to its source by:
(1) 
Treating stormwater runoff through infiltration into subsoil;
(2) 
Treating stormwater runoff through filtration by vegetation or soil; or
(3) 
Storing stormwater runoff for reuse.
HIGH POLLUTANT LOADING AREAS
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.
HUC 14 or HYDROLOGIC UNIT CODE 14
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.
HUC-11 or HYDROLOGIC UNIT CODE 11
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.
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 - 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.html or at Natural Resources Conservation Service, 220 Davidson Avenue, Somerset, NJ 08873. Such surfaces may have varying degrees of permeability.
INFILTRATION
Is the process by which water seeps into the soil from precipitation.
MAJOR DEVELOPMENT
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.
MINOR DEVELOPMENT
All development other than major development.
MOTOR VEHICLE
Land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low-speed vehicles. For the purposes of this definition, motor vehicle does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.
MOTOR VEHICLE SURFACE
Any pervious or impervious surface that is intended to be used by "motor vehicles" and/or aircraft, and is directly exposed to precipitation, including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL
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 § 176-59C(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.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERMEABILITY
The rate at which water moves through a unit area of soil, rock, or other material at hydraulic gradient of one.
PERSON
An individual, corporation, public agency, business trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
RECHARGE
The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
REGULATED MOTOR VEHICLE SURFACE
Any of the following, alone or in combination:
(1) 
A net increase in motor vehicle surface; and/or
(2) 
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.
SEASONAL HIGH WATER TABLE
The level below the natural surface of the ground to which water seasonally rises in the soil in most years.
SEDIMENT
Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
SITE
The lot or lots upon which development is to occur or has occurred.
SOIL
All unconsolidated mineral and organic material of any origin.
SOURCE MATERIAL
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.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BMP
An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
WATERS OF THE STATE
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.
WETLAND TRANSITION AREA
An area within 300 feet of any wetland.
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 - 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 § 176-59C(15), (16), and (17) by incorporating green infrastructure as provided at § 176-59C(14).
(2) 
All development regulated under this section shall incorporate a maintenance plan for the stormwater management measures in accordance with § 176-591.
(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 § 176-59C(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 § 176-59C(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(b)
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 to 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
50-90
Yes
No
2(i)
Footnotes to Tables 1, 2, and 3:
(a)
Subject to the applicable contributory drainage area limitation specified at § 176-59C(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 § 176-59B.
(h)
Manufactured treatment devices that do not meet the definition of green infrastructure at § 176-59B.
(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 § 176-59E(2). Alternative stormwater management measures may be used to satisfy the requirements at § 176-59C(14) only if the measures meet the definition of green infrastructure at § 176-59B. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 176-59C(14)(b) are subject to the contributory drainage area limitation specified at § 176-59C(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 § 176-59C(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 § 176-59J is granted from § 176-59C(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(8)(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 § 176-59C(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 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 § 176-59G(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 § 176-59G; 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 § 176-59B may be used only under the circumstances described at § 176-59C(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 § 176-59C(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 § 176-59C(15), (16), and (17) 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.
(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 Atlantic 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 § 176-59C(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 § 176-59I(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 § 176-59C(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 Atlantic 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 § 176-59C(15) and (16), the design engineer shall utilize BMPs identified in Table 1 at § 176-59C(5) and/or an alternative stormwater management measure approved in accordance with § 176-59C(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 three times the area occupied by the BMP
Small-scale bioretention systems
2.5 acres
Small-scale infiltration basin
2.5 acres
Small-scale sand filter
2.5 acres
(c) 
To satisfy the stormwater runoff quantity standards at § 176-59C(17), the design engineer shall utilize BMPs identified in Table 1 or 2 at § 176-59C(5) and/or an alternative stormwater management measure approved in accordance with § 176-59C(6).
(d) 
If a variance in accordance with § 176-59J is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3 at § 176-59C(5) and/or an alternative stormwater management measure approved in accordance with § 176-59C(6) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 176-59C(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 § 176-59C(15), (16), and (17).
(15) 
Groundwater recharge standards.
(a) 
This subsection contains the minimum design and performance standards for groundwater recharge as follows:
(b) 
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 on-site.
(c) 
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.
(d) 
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.
(e) 
Stormwater from areas of high pollutant loading and/or industrial stormwater exposed to source material shall only be recharged in accordance with § 176-59C(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 § 176-59C(16)(d) as follows:
[1] 
Eighty percent TSS removal of the anticipated load, expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.
[2] 
If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.
(c) 
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection 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 § 176-59C(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 § 176-59C(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 § 176-59C(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 § 176-59B, 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 commingling 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 § 176-59C(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 on-site, 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 § 176-59D, complete one of the following:
[1] 
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two-, ten-, and 100-year storm events do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events;
[2] 
Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten-, and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;
[3] 
Design stormwater management measures so that the post-construction peak runoff rates for the two-, ten-, and 100-year storm events are 50%, 75% and 80%, respectively, of the pre-construction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or
[4] 
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection 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 re-tested 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 pre-construction 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 pre-construction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce pre-construction stormwater runoff rates and volumes.
(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 § 176-59C(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 § 176-59C(5), or alternative designs in accordance with § 176-59C(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 subsection, "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.
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 § 176-59C(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 four and five-eighths (4.625) inches long and one and one-half (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 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 § 176-59C(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 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 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.
(5) 
Safety ledge illustration.
Figure 1. Elevation View - Basin Safety Ledge Configuration
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 § 176-59H(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 § 176-59H(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 pre-development and post-development conditions for the design storms specified in § 176-59C(16)(d). The standards for groundwater recharge and stormwater runoff rate, volume and quality required by § 176-59C(15), (16), and (17) and shall be met using the methods, calculations and assumptions provided in § 176-59D.
(e) 
The application submission requirements of Subsection H(1)(a) and (b) above shall be in addition to all other applicable application submission requirements of the municipality's land development regulations.
(f) 
The applicant shall submit two 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 Plane 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 equals 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 man-made features not otherwise shown. Waterford 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 § 176-59C(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 § 176-59C(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 § 176-59C(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 § 176-59I(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.
(e) 
A cross-sectional drawing of each stormwater management measure showing the associated:
[1] 
Soil profile;
[2] 
Soil permeability test elevation;
[3] 
Soil permeability rate; and
[4] 
The elevation of, and vertical separation to, the seasonal high water table.
(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 § 176-59C(7)(b).
(g) 
A maintenance plan containing information meeting the requirements of § 176-59I(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.
(1) 
All development regulated under this section shall incorporate a maintenance plan, prepared by the design engineer, consistent with Subsection I(2) below. Maintenance and repair shall be implemented in accordance with maintenance plan and Subsection I(3) below.
(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 § 176-59I(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 § 176-59H(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 § 176-59I(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.
(c) 
The requirements of Subsection I(2)(b), (c), and (d) above do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
(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 § 176-59C(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 § 176-59C(14), then the mitigation project must use green infrastructure BMPs in Table 1 contained at § 176-59C(5), and/or an alternative stormwater management measure approved in accordance with § 176-59C(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 § 176-59C(16)(d), at a minimum, and is subject to the applicable contributory drainage area limitation specified at § 176-59C(14)(b), as applicable.
[7] 
A variance from the groundwater recharge standards at § 176-59C(15) may be granted provided that the total volume of stormwater infiltrated by the mitigation project equals or exceeds the volume required at § 176-59C(15).
[8] 
A variance from the stormwater runoff quality standards at § 176-59C(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 § 176-59C(16)(g).
[9] 
A variance from the stormwater runoff quantity standards at § 176-59C(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 § 176-59C(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 § 176-59I. 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 the following penalties: A notice to cease and desist and a fine of $2,000 a week until violation is corrected or remedied.
A. 
Utility easements along property lines or elsewhere for public purposes may be required. Such easements shall be a minimum of 20 feet wide for one utility, with another five feet for each additional utility, and shall be located in consultation with the companies and Township departments concerned and, to the fullest extent possible, shall be centered on or adjacent to lot lines. Utility easements along street lines shall be a minimum of 10 feet wide.
B. 
No plantings will be permitted along public rights-of-way or within utility easements where such plantings will contact utility lines or wires or where plantings will require routine maintenance to prevent contact with utility wires.
C. 
Conservation easements and floodplains shall be indicated on the preliminary and final plats and shown in such a manner that their boundaries can be accurately determined. The removal of trees and ground cover shall be prohibited in such easements except for the following purposes:
(1) 
The removal of dead or diseased trees;
(2) 
Limited thinning of trees and brush to encourage the most desirable growth;
(3) 
Removal of trees to allow for structures designed to impound water or convey stormwater;
(4) 
The removal of trees for the construction of suction pipes;
(5) 
The removal of trees in areas to be flooded in the creation of ponds and lakes; and
(6) 
The installation and maintenance of utilities.
D. 
The boundary line of any easement shall be monumented at its intersection with all existing or proposed street lines, except when a lot line forms the side or center line of the easement.
E. 
Whenever the internal grading of a lot is part of the design of the drainage of stormwater systems, as by swale, berm or other topographical feature designed to intercept or direct water, the same shall be designed as an easement on the map to be filed, or shall be dedicated by recorded instrument, in such a way as to give notice to future owners of said property and to ensure continued maintenance of such drainage feature. The recorded instrument or filed map shall contain a metes-and-bounds description of the easement, as well as an outline of the rights of the grantee in such easement, including but not limited to construction, reconstruction, replacement, repair, maintenance and enlargement of the facilities within the easement.
A. 
Electronic equipment, including all devices for transferring and receiving electronic signals, shall be shielded so that there is no interference with any radio or television reception beyond the operators' property or dwelling unit as a result of the operation of such equipment.
B. 
All electric or electronic devices shall be subject to the provision of Public Law 90-602, 90th Congress, HR10790, dated October 18, 1968, entitled "An Act for the Protection of Public Health and Safety from the Dangers of Electronic Product Radiation" and the New Jersey Uniform Construction Code.[1]
[1]
Editor's Note: Amended at time of adoption of Land Use Code (see Ch. 1, General Provisions, Art. III).
No development shall be carried out 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 vegetative species listed in the CMP under N.J.A.C. 7:50-6.27.
A. 
All development shall be carried out in a manner that promotes energy conservation and maximizes active and passive solar energy in accordance with any applicable statutes. Such measures may include orientation of streets, buildings, landscaping and the like to permit solar access and the use of energy conservation building materials.
B. 
Wherever feasible, the approving Board shall require bike paths to be included in major site plans and major subdivisions.
A. 
Generally.
(1) 
A fence or wall shall be defined for the purposes of this chapter as an artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials, erected for the enclosure of land and/or dividing one piece of land from another.
(2) 
Vegetation used in lieu of fencing shall be planted a minimum of five feet inside the property boundaries and shall be kept trimmed to avoid encroachment onto neighboring properties, sidewalks and streets. No vegetation that will exceed two feet in height shall be planted in any site triangle for streets or driveways. No vegetation that will exceed 10 feet in height shall be planted in areas with overhead electrical, telephone or cable wires.
B. 
Materials and composition.
(1) 
Any fence, wall or shrubbery which unduly cuts off light or air or which may cause a nuisance, a fire hazard, or a dangerous condition is hereby expressly prohibited.
(2) 
The following fences and fencing materials are specifically prohibited: barbed wire, short pointed fences, canvas fences, cloth fences, electrically charged fences (except livestock containment), poultry fences, turkey wire, temporary fences such as snow fences (except in emergency situations), expandable or collapsible fences (except during construction of a building), and tires.
(3) 
All chain link fences shall be erected with the closed loop at the top of the fence. Where privacy slats are used, they shall not be multicolored.
(4) 
All entrances or gates shall open onto the property.
(5) 
The finished side of a solid fence shall face the adjacent property or street.
(6) 
No fence or wall shall be erected within the Township without the owner of the premises, or his representative, obtaining a permit from the Zoning and Construction Officials. The application form for a permit shall be prepared by the Zoning and Construction Officials and shall include the following information:[2]
(a) 
The owner and address of the premises where the fence or wall is to be erected.
(b) 
The name and address of the company or person installing the fence or wall.
(c) 
A sketch or plan of the fence or wall.
(d) 
A plot plan or survey of the premises in question, which shall show streets abutting at the nearest intersection and shall include the location of structures and easements.
(e) 
If a fence or wall is to be located within an easement granted to the Township, the property owner shall provide a signed statement indicating that he or she is aware that the fence or wall is to be located within an easement and that he or she agrees to remove and later replace the fence or wall at his or her expense if such action is required by the Township in order to conduct maintenance work.
[2]
Editor's Note: Amended at time of adoption of Land Use Code (see Ch. 1, General Provisions, Art. III).
(7) 
Any deed restrictions affecting the property on which the fence or wall is to be erected or constructed shall not be superseded by this section. Moreover, no fence or wall shall be located within a conservation easement or deed restricted buffer area unless the language of such easement or deed restricted buffer area explicitly permits such fence or wall.
(8) 
All fences and walls shall be of quality materials and installed in a good workmanlike manner. All fences and walls shall be maintained by the owner.
(9) 
The following fences shall be exempt from the requirements of this section, relative to permits, fees, construction, or materials:
(a) 
Fences accessory to farm operations, except that said exemption shall not extend to that percentage of farm property set aside for residential purposes as delineated upon the property record cards of the Township.
(b) 
Fences accessory to any public facility, park, playground or school premises.
(c) 
Fences approved as part of a subdivision or site plan application.
C. 
Regulations in residential districts.
(1) 
Fences and walls shall be placed a minimum of one foot inside the property line in front yards and six inches inside the property lines of side and rear yards, providing the side and rear yard areas do not abut a street or are part of a corner lot. Fences and walls on parcels which have a zero side yard setback requirement may be placed on the property line. For all other properties, if adjoining property owners agree, in writing, fencing and walls may be placed on the property line for side and rear yards not abutting a street.
(2) 
Fences and walls not exceeding four feet in height above ground level may be erected in the front yard or along any property boundary adjacent to a public right-of-way but shall not be located in the sight triangle for driveways or streets.
(3) 
Fences and walls not exceeding six feet in height above ground level may be erected in yard areas extending from the front wall of a dwelling to enclose side and rear yard areas of interior lots. In the case of corner lots, six-foot-high fencing may be erected to enclose side and rear yard areas if it is placed a minimum of 10 feet inside of the property line adjacent to the side street.
(4) 
Fences and walls on corner properties shall not be constructed of materials that would block the view of vehicular traffic at the intersection and shall not be located in any sight triangle for driveways or streets.
(5) 
Barbed and/or electrified wire fences on any common property line with another dwelling or public right-of-way are prohibited.
(6) 
Fences and walls for swimming pools shall comply with the New Jersey Uniform Construction Code.[3]
[3]
Editor's Note: Amended at time of adoption of Land Use Code (see Ch. 1, General Provisions, Art. III).
(7) 
A tennis court may be surrounded by a fence a maximum of 15 feet in height in compliance with § 176-118E(2).
D. 
Regulations in nonresidential districts.
(1) 
Fences and walls shall be set back a minimum of one foot from any property boundary.
(2) 
When a landscaped buffer area is not feasible, privacy fences and walls for commercial uses that abut existing residential uses shall be required and shall be a minimum of six feet but no more than 10 feet in height.
(3) 
Fences and walls on corner properties shall not be constructed of materials that would block the view of vehicular traffic and shall not be located in any sight triangle for driveways and streets.
(4) 
No fence or wall shall be erected to restrict or otherwise alter the vehicular traffic flow unless approved by the Planning Board.
[1]
Editor's Note: See also Ch. 131, Fences.
A. 
All applications for development in the Township shall demonstrate conformance with the standards for fire hazard mitigation per N.J.A.C. 7:50-6.124.
B. 
The potential fire hazard for any parcel of land proposed for development shall be determined according to the following fire hazard classes:
Fire Hazard Class
Vegetation Type
Low
Atlantic white cedar hardwood swamps
Moderate
Non-pine barrens forest prescribed burn areas
High
Pine barrens forest, including mature forms of pine, pine-oak or oak-pine
Extreme
Immature or dwarf forms of pine-oak or oak-pine; all classes of pine-scrub oak and pine-lowland
C. 
All applications for development shall determine the appropriate fire hazard class by referring to the vegetation map in the natural resources inventory, supplemented by an on-site inspection to determine true height and spacing, as is necessary.
D. 
For lands classified as moderate, high and extreme fire hazard areas, all roads shall conform with the following standards:
(1) 
All new residential developments of 25 units or more shall have two accessways of width and surface composition sufficient to accommodate and support fire-fighting equipment.
(2) 
All dead-end roads will terminate in a manner that provides safe and efficient entry and exit for fire equipment.
(3) 
The rights-of-way of all roads will be maintained so that they provide an effective firebreak.
E. 
The Fire Official shall require and designate public or private fire lanes as deemed necessary for the efficient and effective use of fire apparatus. Fire lanes shall be a minimum of 18 feet in width.
F. 
Fire Department access shall be provided and maintained to all buildings undergoing construction, alteration or demolition. Fire Department access roadways shall be of an approved surface material capable of providing emergency access and support at all times. Fire Department access roadways shall be a minimum of 18 feet in unobstructed width.
G. 
For lands classified as moderate, high and extreme hazard areas, a fire hazard fuel break shall be provided around structures proposed for human use, by selectively thinning, mowing, or pruning and maintaining on an annual basis, the shrubs, understory trees, bushes and ground cover and removing all dead plant material. These fuel breaks shall be at widths, measured outward from the structure, as follows:
(1) 
Thirty feet in moderate fire hazard areas.
(2) 
Seventy five feet in high fire hazard areas.
(3) 
One hundred feet in extreme fire hazard areas.
H. 
Fire hazard fuel breaks within lands classified as extreme fire hazard areas shall contain no pine tree (Pinus Species) that is within 25 feet of another pine tree.
I. 
All applications for development of 100 or more dwelling units on lands classified as high or extreme fire hazard areas shall have a two-hundred-foot perimeter fuel break between all structures and the forest in which:
(1) 
Shrubs, understory trees, and ground cover are selectively removed, mowed or pruned, and maintained on an annual basis;
(2) 
All dead plant material is removed;
(3) 
Roads, rights-of-way and wetlands are incorporated into the fuel break to the maximum extent practicable; and
(4) 
There is a specific program for maintenance.
J. 
All new structures proposed for development in the Township shall meet the following specifications:
(1) 
Roofs and exteriors will be constructed of fire-resistant materials, such as asphalt rag felt roofing, tiles, fire-resistant roofing shingles, sheet iron, aluminum or brick. Fire-retardant-treated wood shingles or shake-type roofs are prohibited in high or extreme fire hazard areas;
(2) 
All projections, such as balconies, decks and roof gables, shall be constructed of fire-resistant materials or materials treated with fire-retardant chemicals;
(3) 
Any openings in the roof, attic and the floor shall be screened;
(4) 
Chimneys and stovepipes which are designed to burn solid or liquid fuels shall be equipped with screens over the outlets;
(5) 
Flat roofs shall be permitted in areas where vegetation is higher than the roof, provided that the provisions of Subsection G of this section for modified fire hazard areas are met; and
(6) 
Each dwelling unit shall be provided with a second floor emergency rear exit if the height of the building exceeds 2 1/2 stories.
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 NJDEP pursuant to N.J.S.A. 23:2A-1 et seq. All development or other authorized activity shall be carried out in a manner which avoids disturbance to fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding of significant populations of fish and wildlife.
No forestry in the Township shall be carried out by any person unless a permit for such activity has been issued by the Township Zoning Official in accordance with § 176-12F. Notwithstanding this requirement, no such permits shall be required for the following forestry activities:
A. 
Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size.
B. 
Tree harvesting, provided that no more than one cord 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 that 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, clearing and maintaining of fire breaks.
No use shall produce a strong, dazzling light or 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, units, districts, or streets.
Sources of heat, including, but not limited to, steam, gases, vapors, products of combustion or chemical reaction shall not discharge onto or directly contact structures, plant or animal life on neighboring uses. No use, occupation, activity, operation or device shall cause an increase in ambient temperature, as measured on the boundary between neighboring uses. Further, no use shall be permitted which could cause the temperature to rise or fall in any body of water, except that this provision shall not apply to any sewerage treatment plant which has received approval by the NJDEP as they may be adopted and amended.
A. 
Planning Board powers. 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 Committee 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 § 176-70D(3) below.
B. 
Authority to issue certificates of appropriateness.
(1) 
The standards governing the issuance of certificates of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by the Planning Board.
(2) 
The Planning Board shall issue all certificates of appropriateness.[1]
[1]
Editor's Note: Original § 176-70.2C, regarding the issuance of certificates of appropriateness by the Board of Adjustment, which previously followed this subsection, was deleted under the authority of Ord. No. 2003-1, adopted 1-22-2003
(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 Committee or the 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 § 176-14 where a significant resource has been identified pursuant to § 176-70D below.
(4) 
Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b).
C. 
Effect of issuance of certificate of appropriateness. The effect of the issuance of a certification of appropriateness is as follows:
(1) 
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection C(2) below.
(2) 
A certification of appropriateness issued as a result of the cultural resource survey requirement set forth in § 176-70D below shall be effective for two years. If the resource is not designated by the Commission pursuant to N.J.A.C. 7:50-6.154 or by the Township Committee 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 Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.
D. 
Cultural resource survey required.
(1) 
A cultural resource survey shall accompany all applications for development in the PV District and all applications for major development in order to determine whether any significant historic resources exist on the parcel, in accordance with § 176-106.
(2) 
This requirement for a survey may be a waived by the local approving authority if:
(a) 
There is sufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;
(b) 
The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more comprehensive understanding of Pinelands culture; or
(c) 
The evidence of cultural activity lacks any potential for significance pursuant to the standards of Subsection D(3) below.
(3) 
A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling and association which reflects its significance in American history, architecture, archaeology or culture under one or more of the following criteria:
(a) 
The presence of structures, sites or areas associated with events of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands; or
(b) 
The presence of structures, sites or areas associated with the lives of persons or institutions of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands; or
(c) 
The presence of structures that represent the work of a master, or that possess high artistic values, or that embody the distinctive characteristics of a type, period or method of construction, or that represent a distinguishable entity of significance to the architectural, cultural, political, economic or social history of the nation, state, local community of the Pinelands, although its components may lack individual distinction; or
(d) 
The presence of a site or area which has yielded or is likely to yield significant information regarding the history or archaeological history of the Pinelands.
E. 
Documentation of resources. Resources shall be documented in accordance with § 176-106E.
F. 
Discovery of resource during construction. If archaeological data is discovered on site any time after construction has been commenced, the developer shall immediately cease construction, notify the Planning Board and 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).
A. 
In order to secure property improvement and maintenance of all common open space in any proposed housing development, the landowner shall provide for and establish an organization for the ownership and maintenance of any common open space not dedicated to and accepted by the Township. Such organization shall not be dissolved nor shall it dispose of any common space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), without first offering to dedicate the same to the Township or other governmental agency designated by the Township. The Planning Board shall make findings concerning the operation of the organization for the ownership and maintenance of any common open space. It shall consider the following:
(1) 
Time when organization was created.
(2) 
Mandatory or automatic nature of membership in the organization by resident or successor.
(3) 
Permanence of open space safeguards.
(4) 
Liability of organization for insurance, taxes and maintenance of all facilities.
(5) 
Provision of pro rata sharing of costs and assessments.
(6) 
Capacity of the organization to administer common facilities and preserve the benefits of common open space.
B. 
In the event that the organization established to own and maintain common open space, or any successor organization, shall, at any time after establishment of the development, fail to maintain the common open space in reasonable order and condition in accordance with the plan, the municipality may serve written notice upon such organization or upon the residents and owners of the development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days, and shall state the date and place of a hearing which shall be held within 14 days of the notice. At such hearing, the municipality may modify the terms of the original notice of the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice, or in the modifications thereof, shall not be cured within said 30 days or an extension thereof, the municipality, in order to preserve the taxable values of the properties within the planned development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the residents and owners. Before the expiration of said year, the municipality shall, upon its initiative or upon the request of the organization responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents and owners of the development, to be held by the municipal authority, at which hearing such organization or the residents and owners of the development shall show cause why such maintenance by the municipality should not continue for a succeeding year. If the Township shall determine that such organization is not ready and able to maintain said common open space during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the Township in any such case shall constitute a final administrative decision subject to judicial review.
C. 
The cost of such maintenance by the municipality shall be assessed ratably against the properties within the development that have a right of enjoyment of the common open space and shall become a tax lien on said properties. The municipality at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien in the office of the County Clerk upon the properties affected by such lien within the development.
D. 
Membership shall be limited to and mandatory for all property owners, condominium owners, stockholders under a cooperative development or other owners of property or interest in the project. Required membership and the responsibilities of the members shall be in writing between the organization and each member in the form of a covenant with each agreeing to liability for his pro-rata share of the organization's costs. The organization shall be responsible for liability insurance, taxes, maintenance and any other obligations assumed by the organization shall not be dissolved nor shall it dispose of any of its open space or property without offering to dedicate the same to the Township.
E. 
The assessment levied by the organization upon each member may become a lien on each member's property. The organization shall be allowed to adjust the assessment to meet changing needs.
F. 
The organization shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of the covenant, model deeds and articles or incorporation of the organization, and the fact that every tenant and property owner shall have the right to use all common property. These shall be set forth as a condition of approval and shall be submitted to the Township Attorney prior to the granting of final approval of the development.
G. 
The articles of incorporation, covenants, bylaws, model deeds and other legal instruments shall stipulate that control of the organization shall be transferred to the members based on percentage of the dwelling units sold and/or occupied. Further, these instruments shall clearly indicate that in the event such organization shall fail to maintain the common open space or common property in reasonable order and condition, the Township may serve written notice upon such organization and shall follow the procedures set forth in N.J.S.A. 40:55D-43b, and if it becomes necessary for the Township to provide maintenance, the imposition of a lien, as set forth in N.J.S.A. 40:55D-43, shall be followed.
A. 
Conformance.
(1) 
All development shall conform to the provisions of this section and all other applicable provisions of this chapter.
(2) 
Development prohibited in the vicinity of threatened or endangered plants. No development shall be carried out by any person 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.
B. 
Street (shade) trees. For all land development devoid of major trees along arterial and collector streets of a development, and along proposed roads and street rights-of-way where natural woods are not present, and where, due to construction, the entire right-of-way is cleared, the following provisions shall apply:
(1) 
Trees shall be planted along both sides of all streets as approved by the Planning Board.
(2) 
Trees shall be planted at forty-foot intervals, or an equivalent number shall be planted in an informal arrangement.
(3) 
Trees shall be planted so that they will not interfere with utilities, block sight easements, or obscure streetlights. Spacing between street trees and various objects should be as follows:
Object
Distance (from tree)
(feet)
Fire hydrant
8
Light pole
25
Street/stop/directional signs
25
Street corner
40
(4) 
The caliper of the trees shall be 2 1/2 inches measured 12 inches above the ground. The standing height shall be a minimum of 10 feet. All trees shall be brought to the site balled and burlapped or other acceptable means, free of insects and disease and true to species and variety.
(5) 
Developers shall use a tree root control barrier a minimum of 18 inches in depth to prevent street, sidewalk and curb hazards. The barriers shall be installed along the edge of the sidewalk and curb, against the finished concrete work, slightly below finished grade. The barriers shall be backfilled with a layer of gravel then completed with normal fill material.
(6) 
Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees, in which case, those lots shall be replanted with trees to reestablish the tone of the area and to conform with adjacent lots.
(7) 
All apartments, condominiums and townhouses must provide adequate landscaping with at least one approved tree per unit that must be maintained by the owner of the apartment development, the condominium association, or the individual townhouse owners if on individual lots.
(8) 
Wherever medial grass strips or other landscaped areas are proposed which will be visible to the general public within the development, the covenants and/or agreements of the maintenance of such areas by that association shall apply.
C. 
General landscaping provisions.
(1) 
Landscaping provided as part of any development plan shall utilize native Pinelands vegetation, except that 20% of all trees, shrubs, and ground cover may be of nonnative, nontoxic, species. Nonnative, nontoxic species may be used only in accordance with § 176-72C(4)(d) below. Vegetation represents the most visible element of the essential character of the Pinelands and constitutes the fundamental structure of wildlife habitats. The mandatory utilization of primary Pinelands native vegetation will insure the continued integrity of the visual and ecological character of the Pinelands.
(2) 
All clearing and soil disturbance activities, whether or not an application for development is required pursuant to N.J.A.C. 7:50-4 and this chapter, shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.
(3) 
Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:
(a) 
Avoid wooded areas, including New Jersey's Record Trees as published by the NJDEP in 1991 and periodically updated; and
(b) 
Revegetate or landscape areas temporarily cleared or disturbed during development activities.
(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 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 NJDEP 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; and
(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, provided they do not exceed the twenty-percent maximum nonnative vegetation permitted in § 176-72C(1):
[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.
(e) 
When automatic irrigation systems are used they shall be fitted with a moisture-sensing device.
(f) 
When possible, irrigation systems shall use nonpotable water (i.e., retained stormwater).
(g) 
Planting beds shall be covered with mulch.
D. 
Vegetation.
(1) 
Trees and shrubs listed hereunder shall be utilized for landscaping purposes:
Pitch pine
Shortleaf pine
Blackjack oak
Southern red oak
White oak
Chestnut oak
Scrub oak
Post oak
Trident red maple
Scarlet oak
Black huckleberry
Black chokeberry
Black gum
Red chokeberry
Inkberry
Shadbush
Hayberry
Arrowwood
Winterberry
Sweet pepperbush
Sheep laurel
Sandmyrtle
Dangleberry
Lowbush blueberry
Virginia pine
American holly
Atlantic white cedar
Mountain laurel
Gray birch
Sweetbay magnolia
Red cedar
Sassafras
Teaberry
Swamp leucothoe
Staggerbush
Dwarf huckleberry
Trailing arbutus
Bearberry
Black highbush blueberry
Cranberry
Swamp azalea
Rhododendron maximum
Black oak
(2) 
Tree and shrub species other than those listed in Subsection D(1) above may be used, provided that, of the 20% maximum nonnative vegetation permitted under § 176-72C(1), species of the heath family (Ericaceae) comprise at least 80% of the plantings.
(3) 
In cases where 80% of native Pinelands species for landscaping is limited due to extreme site conditions, the Planning Board may hear arguments from the applicant with reference to the flexibility of mandatory Pinelands vegetation requirements. In such cases, the Board shall consider the following guidelines before granting a waiver from the vegetation requirements:
(a) 
The individual site conditions.
(b) 
The extremity of the stressful nature of the site.
(c) 
The extent of native vegetation on adjacent sites.
(d) 
Proximity of the site to sensitive environmental areas.
(e) 
Availability of water and/or maintenance access.
(f) 
The extent to which proposed plans are compatible with native species. (The use of exotic varieties shall be avoided.)
(g) 
The extent to which a native buffer could be utilized between the developed portions and the natural portions of the tract.
(4) 
The Board shall not accept the unavailability of native or indigenous species as adequate grounds for a waiver from this section.
E. 
Ground cover and mulch.
(1) 
All planting beds must be provided with ground cover and the type to be used must be noted on the site plan. Where mulches are used, a layer of black, four-mil polyethylene or its equivalent must be used to reduce weed growth and retain moisture. Minimum required depth of placement is four inches.
(2) 
Ground covers are required in place of grass in small and restricted areas, such as tree and shrub planters.
(3) 
All ground cover areas and steep banks with slopes greater than a 3:1 gradient must be planted with an approved ground cover.
F. 
Grasses.
(1) 
Grasses that are adapted to drought, nutrient poor soils (such as tall fescue, sheep fescue, chewings fescue, red fescue and smoothgrass) and those that are native to the Pinelands (such as little bluestem, deertongue, redtop and switchgrass) shall be utilized for landscaping purposes. Species used for temporary cover (such as rye grass and oats) shall be utilized to stabilize soils.
(2) 
An area not exceeding 2,000 square feet per building may be planted with grasses not meeting the requirements of Subsection F(1) above. The requirements of Subsection F(1) shall not apply to areas which are planted with grass and dedicated for public recreational uses.
(3) 
Cover crops shall be used to control erosion during construction or when cover is needed for a temporary period.
Time Period
Options
0 to 6 months
Mulch
6 to 12 months
Oats, winter rye
1 to 2 years
Annual rye, perennial rye, winter rye
2 or more years
Fescue with mixture of perennial rye
G. 
Protection of existing plantings.
(1) 
Sound existing trees, substantial clumps, and fine specimens shall be carefully protected during construction to avoid disturbance of the microclimate of the plantings.
(2) 
Stockpiling of soil shall be done in open areas, and soil shall be left undisturbed in a ten-foot radius around any tree to be preserved.
(3) 
Temporary fences, of sturdy material, shall be erected at the drip line to prevent encroachment, soil compaction, and damage from equipment. If a tree has a large spread, a triangular fence may be built instead of a fence at the drip line. These fences shall not be supported by the plants they are protecting, but shall be self supporting.
(4) 
The grade of land located within six feet of a tree shall not be raised or lowered more than six inches unless compensated by welling or retaining methods described herein. In situations of specimen trees with shallow surface rooting, grading shall not occur within a twelve-foot radius of the tree trunk unless excavated by hand. No equipment is to be driven over this area, and no building materials are to be stacked against the trees or within the area of the barrier.
(5) 
Tree wells are to be constructed around each tree or group of trees before any grades are increased. Wells are to be constructed of uncemented stone, block or any other suitable material. This well should be a minimum of three feet in diameter for four-inch or less caliper trees. Construction is to be started at the determined distance, on existing grade so as not to disturb roots with foundation construction. For trees of more than four inches in diameter, add one foot to the diameter of each additional inch of caliper measured 12 inches above natural ground level, to a maximum of eight feet.
(6) 
Retaining walls shall be constructed around each tree or group of trees immediately after grade is lowered. This retaining wall is to be constructed of pressure-treated timber or any other suitable material subject to approval by the Township Engineer and the Planning Board.
(7) 
No tree is to support any scaffolding, signs, temporary utility or any other device.
H. 
Planting procedure. Any vegetation delivered to a site, which is not planted immediately, shall be heeled-in to prevent desiccation. Trees and bushes should be planted according to the following recommended horticultural procedures:
(1) 
Plantings should be well-formed and healthy nursery grown stock. The root ball should be inspected to ensure that it is undamaged, of good quality soil and that it encompasses the entire root system.
(2) 
Planting should take place when trees and bushes are dormant because transplanting during this period greatly increases the chances of success.
(3) 
Planting holes should be dug two times as wide and 1 1/2 times as deep as the root ball. Topsoil and subsoil should be mixed thoroughly with sphagnum peat moss or according to the recommendations of the county agricultural agent and a layer six inches to seven inches of the mix placed in the bottom of the hole. Fertilizer should not be added to the soil mix since it can burn new, tender roots, slowing down the growth of the plant or even killing it. The soil in the bottom of the hole should be tamped down without compacting it.
(4) 
Plantings should be positioned in the planting hole so that trunks are straight, and the base is at the finished grade of the new location and at the same depth as it was when it was growing. Roots should be spread evenly throughout the hole, and soil added carefully.
(5) 
The backfilled soil should be tamped in place, and the hole filled to the top of the root ball. The added soil should be tamped gently, but not compacted, and a ring of soil two inches to three inches high should be formed around the edge of the planting hole to aid in watering.
(6) 
Plantings should be watered with a fertilizer-water solution, the amount of fertilizer depending on an analysis. Watering should be thorough and done slowly and gently to avoid damage to the soil structure.
(7) 
Saucers shall be designed to catch and hold the maximum amount of water, either from natural precipitation or irrigation and shall be a minimum of four inches higher than the finished grade. The area within the watering saucer should be filled to a depth of two inches to three inches with mulch. Saucers placed on slopes shall be level at the top and perpendicular to the tree trunk.
(8) 
Tree trunks should be coated with an insecticide to reduce the chances of attack by borers. The specific insecticide can be recommended by the county agricultural agent.
(9) 
All newly planted trees and shrubs should be pruned. Balled and burlapped and container-grown plants should be shaped lightly and have broken and damaged branches removed. Bare root plants require much heavier pruning to reduce the water demand by the top of the plant in order to compensate for the roots lost when the plants were dug up. One-third to 1/2 of the leaf area should be removed by thinning the branches and reducing their length. Pruning should retain the natural form of the tree or shrub; the central leader or top of a newly planted tree should never be removed, since this will destroy its natural growth habit.
(10) 
If properly planted, shrubs will not have to be staked, although oversized bushes may need some support. Trees should be staked in accordance with good nursery practice.
(11) 
Special planting techniques may be necessary when planting in heavy, poorly drained or sandy soils. Recommendations of the county agricultural agent should be followed.
(12) 
After planting, an adequate supply of water and even amount of moisture shall be maintained. Plant conditions should be carefully observed, and if the soil is dry three inches to six inches beneath the surface, water should be added immediately. The water should be applied slowly, preferably through drip irrigation, so that it soaks in and does not run off. As a general rule, plantings in well-drained soils should be watered one inch per week, and those in lighter sandy soils, two inches per week, except during periods of heavy rainfall.
(13) 
Dead or dying trees which have been transplanted by virtue of the requirements of this section shall be replaced by the developer during the next recommended planting season.
I. 
Staking procedures. Trees over six feet in height must be staked in the following manner:
(1) 
Two stakes shall be driven a minimum of two feet into undisturbed soil outside the planting hole.
(2) 
After placement stakes must be 1/2 to 2/3 the height of the tree measured from ground level.
(3) 
Stakes shall be a minimum of two inches by two inches stock at the thick end.
(4) 
Stakes shall be placed in line with prevailing winds.
(5) 
Stakes shall be attached to the tree with twelve-gauge galvanized wire covered with rubber or plastic hose where wire is likely to come into contact with the tree trunk. Any of the commercially available materials designed for staking trees may be used as an alternative with the approval of the Township Engineer. The loop in contact with the tree shall be loose enough to permit growth and prevent girdling for two years but shall be tightly bound to prevent slippage.
J. 
Mulching.
(1) 
A four-inch minimum layer of mulch shall be applied around each individual or group of trees and shrubs.
(2) 
Mulch shall be considered any material, organic or inorganic, of a granular nature that is not readily subject to movement by wind or water.
(3) 
Wood chips partially rotted or nitrogen-enriched may be used. New wood chips are not acceptable because of the bacterial drawings of available nitrogen from the soil, thus preventing its use by the plants it is intended to protect.
K. 
Wrapping. Each deciduous tree shall be wrapped with an expandable paper or cloth treated to last at least one year to prevent sunscald.
(1) 
The wrap shall extend from the ground level up the trunk to the first branches.
(2) 
The wrap shall be attached or fastened to each end with a material that will permit tree growth without girdling.
A. 
General standards.
(1) 
For minor site plans and, wherever appropriate in the discretion of the Township Engineer, for developments with insignificant impact with reference to lighting, the developer may submit a sample of the actual fixture and lighting proposed for review and approval by the Township Engineer in lieu of the engineering data required in this section.
(2) 
Any proposed outdoor lighting shall be shown on the site plan in sufficient detail to allow determination of the effects at the property line, on nearby streets, driveways, residences and overhead sky glow. The objective of these specifications is to minimize glare and undesirable off-site effects.
B. 
Illumination levels. The maintained footcandles of illumination recommended at ground level are as indicated in the following table:
Area Classification
Commercial
Intermediate
Residential
Street Hierarchy
Lux
Footcandles
Lux
Footcandles
Lux
Footcandles
Collector
13
1.2
10
0.9
6
0.6
Minor-residential subcollector
10
0.9
6
0.6
4
0.4
Local
6
0.6
4
0.4
4
0.4
Parking Illumination (Open Parking Facilities)
Illumination Objectives
Level of Activity
Vehicular Traffic
Pedestrian Safety
Pedestrian Security
Lux
Footcandles
Lux
Footcandles
Lux
Footcandles
Low
5
0.5
2
0.2
9
0.8
Medium
11
1
6
0.6
22
2
High
22
2
10
0.9
43
4
Pedestrianway Illumination
Average Levels for Special Pedestrian Security
Minimum Average Level
Mounting Heights 3 to 5 Meters
(9 to 15 feet)
Mounting Heights 5 to 10 Meters
(15 to 30 feet)
Walkways and Bikeway Classification
Lux
Footcandles
Lux
Footcandles
Lux
Footcandles
Sidewalks (roadside) and Type A bikeways
Commercial
10
0.9
22
2.0
43
4.0
Intermediate
6
0.6
11
1.0
22
2.0
Residential
2
0.2
4
0.4
9
0.8
Walkways distant from roadways and Type B bikeways
Park walkways and bikeways
5
0.5
6
0.6
11
1.0
Pedestrian tunnels
43
4.0
54
5.0
—
—
Pedestrian overpasses
3
0.3
4
0.4
—
—
Pedestrian stairways
6
0.6
9
0.8
—
—
Type A Bikeway: A strip within or adjacent to a public roadway or shoulder, used for bicycle travel.
Type B Bikeway: An improved strip identified for public bicycle travel and located away from a roadway or its adjacent sidewalk system.
Activity Level:
High: Major cultural or civic events and major regional shopping centers.
Medium: Fast-food facilities, area shopping centers, hospital parking areas, transportation parking areas, cultural, civic or recreational events, and residential complex parking.
Low: Local merchant parking, industrial employee parking, educational facility parking.
C. 
Luminaries.
(1) 
Sharp cutoff type luminaries are recommended for the best approach to lighting parking areas and shall be of the type that can be provided with sharp cutoff deflectors or retractors where required to shield light from the luminaire at angles less than the set cutoff degree angle above nadir (from the vertical). The shielding angle shall be selected to minimize discomforting glare to an observer's eyes from the light source at an angle below the set cutoff. Shielding shall also be employed to prevent spill over of undesirable light to adjoining property.
(2) 
LED lighting shall be utilized.
[Amended 8-9-2017 by Ord. No. 2017-21]
(3) 
General illumination of the exterior of buildings, including the roof, is not permitted unless specifically approved by the Planning Board. Objectionable spill, to the exterior, of bright and glaring interior building light shall be avoided by the use of low-brightness lenses on interior lighting.
(4) 
The lighting plan shall provide for nonglare lights and recessed lenses focused downward in parking areas.
D. 
Light pollution or light intrusion.
(1) 
Any outdoor lighting, such as sidewalk illumination, driveways with no adjacent parking, the lighting of signs and permitted ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties and traffic safety. The objectives of these specifications are to minimize undesirable off-premises effects. No light shall shine into windows or onto streets and driveways to interfere with or distract drivers. To achieve these requirements, the intensity of such light sources, light shielding and similar characteristics shall be subject to site plan approval.
(2) 
The maximum cutoff angle shall be used to shield light source glare and unwanted light from adjacent properties and motorists approaching on bounding roads and highways. Light spillage of more than 0.2 footcandles onto adjacent properties shall be prohibited.
(3) 
Adequate shielding shall be employed to protect properties, streets and highways from the glare of such illumination, including luminaries for illuminating entrances and driveways for parking areas.
(4) 
Conflict with lighting of adjacent properties parking areas shall be avoided. For example, if one or more adjacent areas with established lighting systems are using mercury-vapor lamps, the submitted area shall conform to the same lamp type, but not necessarily the same type luminaire. However, other high-intensity discharge lamps may be considered when there is ample reason for employing such lamps and ample proof that a suitable method can be employed to reduce color conflict.
E. 
Mounting height. The maximum mounting height of pole-mounted luminaries shall be 25 feet or the height of the building, whichever is less. In no case shall the standards be less than 12 feet high.
F. 
Security lighting. All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, multiple-family or other uses having common off-street parking and/or loading areas shall be adequately illuminated for safety and security reasons from sunset to sunrise. Lighting used to illuminate off-street parking and loading areas shall be arranged to reflect the light away from residential premises and public streets.
G. 
Streetlighting. Plans accompanying all applications for development shall include the location of all proposed streetlights of a type supplied by the utility and a type and number approved by the Board and/or Township Engineer. Streetlights shall be provided at the entrance from collector roads, at all major changes in direction in roads, at all intersections and anywhere else deemed necessary for safety reasons.
(1) 
Streetlighting shall be provided at all street intersections and otherwise at intervals of 200 feet to 250 feet. Lighting shall be placed on one side of the street only.
(2) 
For normal street usage, a thirty-watt light emitting diode (LED) fixture shall be used. For intersections of minor streets, a forty-five-watt LED fixture shall be used. At the intersection of a minor street and a collector street and an arterial; a ninety-watt LED fixture shall be used.
[Amended 8-9-2017 by Ord. No. 2017-21]
(3) 
The maximum mounting height for streetlighting shall be 25 feet.
(4) 
The installation of streetlighting shall be coordinated with the local utility company.
H. 
Pedestrian lighting. Pedestrian lighting shall be in a height range between one foot and 12 feet high.
I. 
Information to be submitted. The following shall be submitted for review and approval of all lighting systems:
(1) 
Site plan showing existing and proposed streetlights within 100 feet of the property area to be lighted, location of all poles and luminaries, illumination levels using photometric curve plotting or point-by-point grid showing footcandles of illumination at each point.
(2) 
Type of luminaries, including manufacturer's data.
(3) 
Type and wattage of lamp, including manufacturer's data.
(4) 
Mounting height of luminaire.
(5) 
Photometric data and isofootcandle curves of the luminaire and lamp proposed. Photometric data shall be from an independent testing laboratory. Photometric curves shall be drawn to the same scale as the site plan scale and shall show maintained foot-candle levels of illumination. The following shall be included with photometric and luminaire data:
(a) 
Light source corrections.
(b) 
Lamp life lumen depreciation factor.
(c) 
Coefficient of utilization.
(d) 
Luminaire dirt depreciation factors.
(e) 
Maintenance factor correction.
(6) 
Type of pole and manufacturer's data. Applicants are encouraged to use wooden or bronze-colored aluminum poles in keeping with the architecture of the building and surrounding areas.
(7) 
Pole base and foundation design and details. Anchor bolts shall be in accordance with those recommended by the manufacturer and conform with all state requirements.
[Amended 2-23-2016 by Ord. No. 2016-5]
A. 
General provisions.
(1) 
Lots shall conform to the requirements of the zoning provisions of this chapter, and insofar as is practical, side lot lines shall either be at right angles or radial to street lines. Notwithstanding any other provisions of this chapter, any deviation from the provisions specified in this section shall require variance relief in accordance with N.J.S.A. 40:55D-70c.
(2) 
Whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of said lots have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law, and one or more of said individual lots should, by reason of exceptional shallowness, topographic conditions, substandard area or yard space or similar measurements, not conform with the minimum lot area and dimensional requirements for the zone in which it is located, the contiguous lots of said owner shall be considered as a single lot.
(3) 
Each lot must front upon an approved public street with frontage at the right-of-way in accordance with particular zoning district in which it is located.
(4) 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such new street lines, and all setbacks shall be measured from such lines. Additionally, whenever the owner of a lot existing at the time of adoption of this chapter has dedicated or conveyed land to the Township in order to meet the minimum street width requirements of the Official Map or Master Plan, the Construction Official shall issue construction and occupancy permits for lots whose depth and/or areas are rendered substandard only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.
(5) 
Except as provided in Subsection A(2) above, any existing lot on which a building or structure is located and which lot does not meet the minimum lot size, or a structure which violates any yard requirements, may construct additions to the principal building and/or construct an accessory building without an appeal for variance relief, provided:
(a) 
The existing use(s) on the lot are conforming to the permitted use(s) stipulated in this chapter for the lot in question;
(b) 
The total permitted building coverage is not exceeded;
(c) 
The accessory building or addition does not violate any other requirements of this chapter, such as, but not limited to, height and parking, or aggravate an already existing violation of setback for yard requirements.
(6) 
No residential dwelling unit in an R1, R2, R3, R4, OC, OP, NB, TC, PHB or PI District shall be located on a parcel of less than one acre unless served by a centralized wastewater treatment plant.
(7) 
For administrative purposes, any application for a construction permit under the provisions of Subsection A(4) and (5) above shall be referred to the Department of Planning and Zoning for a determination as to whether or not the provisions are met. In the event that a determination cannot be made whether or not the lot qualifies for a construction permit without the submission of further application information, or, if the applicant requests exemptions from the minimum standards of this section, the application shall be reviewed and acted upon by the Planning Board as a minor site plan.
(8) 
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as wetlands, flood conditions or similar circumstances, the Planning Board shall, after adequate investigation, withhold approval of such lots.
(9) 
No building to be used as a dwelling shall be constructed or altered in the rear of a building situated on the same lot; nor shall any building be constructed in front of or moved to the front of a dwelling situated on the same lot.
(10) 
Lots fronting on more than one street must be avoided except in cases where proximity to major highways warrant it. In such cases, access for the lot shall be from the minor road and the rear of the lot shall be screened from the major road by suitable planting as required by this chapter.
B. 
Corner lots. Any building on a corner lot or at the intersection of driveways, access aisles or on-lot circulation drives shall not interfere with any required site triangle. On all corner lots, the widths of all yards abutting upon streets shall not be less than the minimum front yard depth required for the zone, unless otherwise provided for in this chapter.
C. 
Flag lots.
(1) 
Flag lots are prohibited unless they are deemed by the Planning Board to be in the best interest of the Township and/or for the purpose of reducing negative impact to the natural environment.
(2) 
Flag lots shall not be approved for subdivision applications involving more than three lots inclusive of the original lot from which the additional lots are being created.
(3) 
If the Planning Board finds sufficient reason to allow the creation of flag lots, they shall be a minimum of one acre, not including the area found in the stem. The entire stem shall have a width of at least 35 feet on an approved public street. The length of the stem shall not exceed 250 feet.
D. 
Yards.
(1) 
No area set aside for the purpose of meeting front, side or rear yards for one building shall be considered as meeting the yard provisions of another building.
(2) 
On a lot extending through a block resulting in frontage on two or more streets, excluding corner lots, the front yard shall be that portion of the lot which abuts the street of address.
(3) 
Corner lots shall adhere to the setback requirements of front yards in their zoning district for both streets.
(4) 
Front yards shall not contain clotheslines or be used for the storage of garbage or refuse disposal units.
(5) 
No uses other than ornamental landscaping, buffer strips and access drives shall be permitted in front yards.
(6) 
Sporting or recreation equipment.
[Amended 9-12-2018 by Ord. No. 2018-25]
(a) 
No person, firm or corporation shall install any type of permanent sporting or recreational equipment, including basketball poles and nets, between the curb and sidewalk of any street. Permanent sporting equipment is equipment that is affixed into the ground by means of solid construction materials, including concrete, and is not removable from the ground after use.
(b) 
Portable sporting equipment is permitted to be placed in the right-of-way grass area between the sidewalk and curb of any street. Portable sporting equipment is equipment that is movable and is not permanent sports equipment. All portable sporting equipment shall comply with the following conditions:
[1] 
The grass area between the sidewalk and curb of any street shall be at least 36 inches wide, measured between the sidewalk and the curb.
[2] 
The portable sporting equipment shall not overhang the grass area onto the sidewalk or curb as to interfere with pedestrian traffic on the sidewalk or vehicular traffic on the street.
[3] 
The portable sporting equipment shall be placed in a stable position and as prescribed in the manufacturer's specifications so as not to cause damage created by weather conditions or man-made causes.
[4] 
The portable sporting equipment shall not be located within the permitted area between January 1 and March 31.
(c) 
In the absence of curb and/or sidewalk along the street, portable sporting equipment may be permitted on the grass area along the side of the roadway and set back at least one foot from the roadway, provided the portable sporting equipment does not interfere with vehicular traffic on the roadway.
(d) 
No sporting equipment, permanent or portable, shall be located within the paved area of any street within the Township.
(e) 
Enforcement. This provision shall be enforced by the Zoning Official and police officers of the Township of Waterford.
(f) 
Violations and Penalties. Any person who violates any provision of this subsection shall, upon conviction thereof, be subject on a first offense to a fine not to exceed $50 and on a subsequent offense by a fine not to exceed $500.
E. 
Monuments.
(1) 
Monuments shall be of the size and shape required by Section 1 of Chapter 217 of the Laws of 2011 (N.J.S.A. 46:26B-3), as amended, and shall be placed in accordance with said statute by the developer and indicated on the final plat.
[Amended 2-23-2016 by Ord. No. 2016-5]
(2) 
All lot corners shall be marked with a plastic or metal alloy pin of permanent character, or with a drill hole where a lot corner is covered with a concrete surface.
A. 
Physical characteristics of the site shall be located on all base plans, and methods for preservation shall be outlined.
(1) 
Soil and subsoil conditions must be suitable for excavation and site preparation.
(2) 
The topography of the site and its drainage must be suitable for the proposed development and designed to prevent erosion.
(3) 
Natural features, such as lakes, streams, topsoil, trees and shrubs, must be preserved and incorporated into the final landscaping of the development.
(4) 
The effects of prevailing winds, seasonal temperatures and hours of sunlight on the physical layout and form of the proposed land use and building must be taken into account.
B. 
The Planning Board shall inquire into the means whereby trees and other natural features shall be protected during construction. Clearing a site of topsoil, trees and natural features before the developer has received all required permits and approvals shall not be permitted.
Noise levels shall be designated and operated in accordance with N.J.A.C. 7:29-1.2, local regulations, and those rules established by the NJDEP as they may be adopted and amended.
The lawful use of land, buildings or structures existing when this chapter is adopted may continue even though they do not conform to this chapter. However, none shall be enlarged, extended, relocated, converted to another use or altered, except in conformity with this chapter.
A. 
Recognized nonconforming uses. Preexisting lawful nonconforming uses, as listed in the Township's Master Plan, shall be permitted to continue. The owner/operator of any preexisting nonconforming use not listed in the Township's Master Plan shall apply to the Land Use Board in accordance with § 176-34C for a certification of preexisting use within one year of the effective date of the adoption of this chapter.
[Amended 10-11-2017 by Ord. No. 2017-22]
B. 
Abandonment. A nonconforming use shall be considered abandoned if it is terminated by the owner or if a nonconforming use involving a structure is discontinued for 12 consecutive months, or if a nonconforming use of land ceases for a period of 12 months. The subsequent use of the abandoned building, structure and/or land shall be in conformance with this chapter.
C. 
Restoration. Any nonconforming building, structure or use which has been condemned or damaged by fire, explosion, flood, windstorm or act of God shall be examined by the Construction Official. If, in the opinion of the Construction Official, the cost of repair is greater than 60% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a variance. If the cost of repair is less than 60% of the value of replacing the entire structure, it may be rebuilt and used for the same purpose as before, provided that it is rebuilt within one year and does not exceed the height, area and volume of the original structure. The percent damaged shall be the current replacement costs of the portion damaged or condemned, computed as a percentage of the current total replacement cost of the entire structure, neither to include the cost of the foundation unless the foundation is involved in the repair.
D. 
Repairs and maintenance. Repairs and maintenance may be made to a nonconforming use, structure or lot, provided that the work does not change the use, expand the building or the functional use of the building, increase the area of a lot used for a nonconforming purpose or increase the nonconforming purpose or nonconformity in any manner.
E. 
In the event a nonconforming use or structure becomes vacant, sold, leased or if there is any other change of ownership or tenancy, a certificate of preexisting nonconforming use shall be required from the Land Use Board purusant to N.J.S.A. 40:55D-68 before that use may be continued.
[Added 10-11-2017 by Ord. No. 2017-22]
Odors shall not be discernible at the lot line or beyond. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail.
A. 
General regulations.
(1) 
Off-street parking areas shall be oriented to and within a reasonable walking distance of the buildings they are designed to serve. A maximum of 1,000 feet for employee parking; 500 feet to 800 feet for shoppers; 250 feet for nonelderly residents; 150 feet for elderly residents; and 300 feet for guests.
(2) 
Parking areas shall be suitably landscaped to minimize noise, glare and other nuisance characteristics as well as to enhance the environment and ecology of the site and surrounding area. Large parking lots shall be broken down into sections according to type and size of development determined by the Planning Board, separated from other sections by landscaped dividing strips, berms, and similar elements.
(3) 
No parking space, aisleway, or driveway (other than entrance or exit drives) may be located within 20 feet of the cartway. Individual district regulations may prescribe greater parking area setbacks.
(4) 
Parking lots for commercial uses that utilize shopping carts shall provide areas for the collection of such carts. Collection areas shall be evenly dispersed throughout the parking lot. The collection points shall be curbed to delineate and separate the parking area from the collected shopping carts and shall be so designed as to not impede the vehicular or pedestrian circulation pattern.
(5) 
An internal collector drive shall be provided for all parking areas in excess of 250 spaces. No parking shall have direct access to an internal collector drive. The intersection of any internal collector drive and drive aisle shall be 90°, unless, because of unusual topography or lot geometry, a right angle would impede the efficient circulation of vehicles. In no case shall such an intersection be less than 60°.
(6) 
Access to parking lots shall be designed to allow free flow of traffic. There shall be adequate provision for ingress and egress from all parking spaces to ensure ease of mobility, ample clearance, and safety of vehicles and pedestrians. Ingress and egress shall be limited to one per street frontage up to a maximum of two per site, with the following exceptions:
(a) 
Two entrance drives on one public street shall be permitted for lots or premises with frontage in excess of 300 feet, up to a maximum of three per site.
(b) 
Automotive service stations primarily involved in the retail sale of vehicular fuels shall be permitted two entrance drives on one public street, up to a maximum of three per site, provided that the center lines of the two entrance drives on one street frontage are no less than 60 feet apart.
(7) 
Where sidewalks occur in parking areas, parked vehicles shall not overhang or extend over the sidewalk unless two feet of additional sidewalk width is provided in order to accommodate such overhang.
B. 
Location of parking and loading areas.
(1) 
Required off-street parking (residential or commercial) 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, except in the following cases:
(a) 
When it is determined during site plan review that the requirements for on-site off-street parking cannot be met because of existing conditions, the location and adequacy of off-site parking spaces to service the use shall be specified on the site plan for approval by the Board.
(b) 
A cooperative arrangement between nonresidential uses on different lots or premises has been approved by the Board.
(2) 
No off-street loading and maneuvering areas shall be located in any front yard nor require any part of a street.
(3) 
No off-street loading areas will be located within 100 feet of any residential zone or use, school, hospital or nursing home.
(4) 
Loading areas shall not be used for the purposes of refuse storage or removal.
(5) 
Loading spaces shall abut the building being served and shall be located to directly serve the building for which the space is being provided.
(6) 
No loading or parking spaces shall be located in any required buffer area.
(7) 
No parking of vehicles shall be permitted in designated fire lanes, streets, driveways, landscaped areas, aisles, sidewalks or turning areas.
(8) 
The required handicapped parking spaces shall be located as close as possible to elevators, ramps and walkways and no more than 200 feet from an accessible entrance.
(9) 
Where the separate designation of a specific loading space is not required for an activity, the required off-street parking area shall not be used for loading and unloading purposes except during hours when normal business operations are suspended.
(10) 
The intersection of any entrance drive and a public street shall be located to permit the flow of vehicles to and from the lot or premises in a manner that is not hazardous to the health, safety or general welfare and shall be separated from entrance drives, existing or proposed, on other or adjacent lots or on the same lot according to the following schedule:
Lot Frontage
Minimum Separation
(feet)
Less than 150 feet
60
Greater than 150 feet
100
C. 
Driveways and accessways.
(1) 
Single-lot residential driveways of more than 50 feet in length shall have a minimum unobstructed width of 18 feet to allow access for emergency vehicles. Improved driveway width shall be a minimum of 12 feet with three feet on either side cleared of vegetation other than ground cover or low growing ornamental.
(2) 
Driveway curb cut access shall be limited by the approving authority, as deemed necessary, in order to provide as few curb cuts as necessary, and no curb cut shall be more than 24 feet in width for residential use. In all instances, due consideration to the proposed width, curbing, direction of traffic flow, radii of curves and method of dividing traffic lanes shall be given. Curbing, where required, shall be depressed at the driveway and the curbing may be rounded at the corners.
(3) 
Driveways and parking spaces shall be located at least 10 feet from the side property line except that, where the permitted side yard set back for a principal building is zero, the driveway shall be located on the property line of the abutting lot.
(4) 
Each lot developed with a two-family dwelling unit shall provide an on-site driveway turnaround where direct access is provided from a collector or arterial street and shall be permitted only one curb cut per lot. Where feasible, abutting lots shall have a common access drive. Each curb cut shall be a minimum 16 feet wide and the curb cut and access drive shall be located on the common property line.
(5) 
Lots developed with Townhouse units shall have common access drives whenever possible.
(6) 
Commercial driveways and access to any public street shall be located at least 35 feet from the intersection of the street at the curbline and shall be designed in a manner conducive to safe ingress and egress.
(7) 
In other than major subdivisions and projects having site plan approval, which are currently covered by a performance or maintenance guarantee, the following procedures shall be followed for construction of any new driveway or accessway to any street or the paving of an existing driveway or accessway.
(a) 
No person shall construct or pave a driveway entrance or cut, alter or remove a curb, or part thereof, in or along any public street or right-of-way of the Township without first having obtained a permit to do so pursuant to this section.
(b) 
Application for a permit required by this subsection should be made, in writing, to the Department of Planning and Zoning accompanied by fees, in accordance with § 176-20B, and a plan showing the location and details of the proposed construction, cutting, landscaping and/or removal, and driveway dimensions with grades and construction details.
(c) 
Special attention must be paid to roadside drainage and sufficient detail provided for the Township Engineer to assess the impact of the proposed construction on surface drainage. Moreover, the plan should provide information on the existing and proposed lot coverage and any deed restriction or easement placed on the lot.
(d) 
The Township Engineer shall review the application and report back on the application within 14 days of the date of filing, stating either approval or a denial with an explanation of the reasons for denial.
(e) 
Upon approval by the Township Engineer, the Zoning Official shall issue the permit, which shall be valid for a period of not more than one year.
(f) 
The Township Engineer shall certify that the driveway entrance or accessway has been completed in accordance with the terms of the permit issued pursuant to this section, and that the pavement on the street or streets abutting the property has been restored to the condition that existed prior to the start of construction.
(8) 
No principal driveway access for ingress and egress to any commercial or industrial use shall be permitted through any residential district.
D. 
Residential off-street parking requirements.
(1) 
The required number of parking spaces for residential use may be provided in a garage, carport, or off-street parking area, but in no case may be located more than 150 feet from the dwelling units intended to be served.
(2) 
A one-car garage and driveway combination counts as two off-street parking spaces, provided the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way, or 30 feet to the curbline. A two-car garage and driveway combination count as 3.5 off-street parking spaces, provided the minimum width of the driveway is 20 feet and its minimum length is as specified above for a one-car garage.
(3) 
For single-family dwellings there shall be two off-street spaces provided for two- and three-bedroom units; three off-street spaces for four- and five-bedroom units.
(4) 
For apartments and condominiums, including senior housing, there shall be one off-street space provided for efficiency and one-bedroom units; two off-street spaces for two- and three-bedroom units.
(5) 
For townhouses there shall be two off-street spaces for each unit.
E. 
Nonresidential off-street parking requirements.[1]
Use
Required Number of Off-Street Spaces
Assembly operation
1 per 800 square feet of GFA
Automotive service station
4 per bay and work area
Bar
1 per 2 seats
Banks, savings and loan
1 per 300 square feet of GFA
Boardinghouse
1 per boarder
Bowling alley
4 per alley
Car wash
1 per employee; plus
1 separate space for each waxing, upholstery cleaning or similar specialized service area; plus
Queuing capacity for a minimum of 12 vehicles for each access lane to a mechanized car wash entrance; see § 176-104K(6)
Churches/synagogue
1 per 3 seats
Church rectory/parsonage
3 per residence on church site
Hospital, philanthropic clinic, residential health care facility, nursing home and convalescent center
1 1/2 for every bed
Hotel/motel
1 per guest room, plus 10 per 1,000 square feet GFA
Industrial
1 per 800 square feet GFA
Library
1 per 300 square feet GFA
Manufacturing
1 per 800 square feet GFA
Medical/dental offices
6 per 1,000 square feet GFA
Nightclub
1 per 3 seats
Professional and business offices
4 per 1,000 square feet GFA
Receiving
1 per 1,000 square feet GFA
Recreation, indoor
3 per 1,000 square feet of GFA plus 1 space per 3 spectator seats
Recreation, outdoor
1 per 2,000 square feet of field area
Research/laboratory
1 per 1,000 square feet GFA
Restaurant
1 per 3 seats
Fast-food restaurant
1 per 30 square feet GFA, plus 1 for each employee on the largest shift
Retail store
1 per 200 square feet GFA
Schools (day care, nursery)
Not less than 1 per teacher and staff member, plus 2 per 1,000 square feet of GFA
Schools (elementary)[2]
2 for each classroom, but not less than 1 for each teacher and staff member
Schools (intermediate)
1 1/2 for each classroom, but not less than 1 for each teacher and staff member
Schools (secondary)
2 1/2 for each classroom, but not less than 2 for each teacher and staff member
Schools (junior college, college, university, trade or technical)
Not less than 1 per teacher and staff member, plus 1 per 4 students
Shopping center:
0 to 400,000 square feet
4 per 1,000 square feet GLA
400,000 square feet and larger
5 per 1,000 square feet GLA
Storage centers
1 per 5,000 square feet GLA
Theaters, community centers and other places of assembly
1 per 3 seats or 1 per 200 square feet GFA, whichever is greater
Warehouse
1 per 5,000 square feet GFA
GFA = Gross floor area
GLA = Gross lease area
[1]
Editor's Note: Amended at time of adoption of Land Use Code (see Ch. 1, General Provisions, Art. III).
[2]
Editor's Note: The number of parking spaces for schools may be increased by the Planning Board; see § 176-104U(2)(b).
F. 
Handicapped parking.
(1) 
Parking spaces shall conform to the requirements of the Barrier-Free Subcode of the New Jersey Uniform Construction Code N.J.A.C. 5:23-7.9 and the Americans With Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities.
(2) 
All public and commercial development shall provide adequate parking for persons who are physically challenged.
Total Number of Parking Spaces
Number of Required Handicapped Spaces
1 to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1,000
2% of total
1,000+
20, plus 1 for each 100 over 1,000
(3) 
For every eight accessible parking spaces or fraction thereof, at least one shall be a van-accessible parking space.
G. 
Dimensions.
(1) 
Any area, either within a structure or in the open, of not less than nine feet wide by 18 feet in length, or, in the case of parking spaces for the physically challenged, an area not less than eight feet wide by 20 feet with an adjacent access aisle at least five feet wide, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes, and public rights-of-way. Notwithstanding any other provision of this chapter, nothing shall prohibit private driveways for detached dwelling units from being considered off-street parking areas, except that no portion of such private driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street parking areas. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.
(2) 
The provisions of parking and loading spaces also shall 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 other motor vehicles except for a driveway providing access to a private residential garage. Aisles providing access to parking areas shall have the following minimum dimensions:
Angle of Parking
(degree)
One-Way Aisle
(feet)
Two-Way Aisle
(feet)
90°
24
24
60°
18
24
45°
13
24
(3) 
Off-street parking areas shall be designed to eliminate the maneuvering of vehicles within entrance drives. The length of entrance drive free of vehicle maneuvering shall conform to the following schedule (measured from the right-of-way line):
Total Number of Parking Spaces
Length of Maneuver-Free Drive
(feet)
Less than 40
20
40 to 99
40
100 to 250
60
250 or greater
60, plus 20 feet for each additional 500 spaces or part thereof
H. 
Off-street loading and unloading (shipping and receiving areas).
(1) 
Shipping and receiving areas shall be located in side or rear yard areas only. When shipping and receiving areas are located in the side yard, they must be screened from view of any public right-of-way or adjoining property in accordance with § 176-52.
(2) 
In connection with every building or building group or part thereof hereafter erected which is to be occupied by manufacturing or commercial uses, there shall be maintained on the same lot with such building off-street loading berths in accordance with this section.
(3) 
Off-street loading spaces shall have 15 feet of vertical clearance and shall be designed in accordance with the following schedule, except that the loading space may be reduced to 40 feet in length in cases where the site is to be serviced by vans or smaller trucks with less than four axles and when the site plan is approved by the Board:
Loading Space
Combined Apron and Aisle Length
Length
(feet)
Width
(feet)
90°
(feet)
60°
(feet)
60
10
72
66
60
12
63
57
60
14
60
54
(4) 
Off-street loading shall be provided according to the following schedule:
Use
Square footage at which one loading berth is required
Square footage at which a second and each additional loading berth is required
Manufacturing and warehousing
0 to 40,000
Over 40,000
Commercial (wholesale)
0 to 40,000
Over 40,000
Commercial (retail)
0 to 20,000
Over 20,000
Service establishment
0 to 40,000
Over 40,000
Undertakers/funeral homes
0 to 40,000
Over 40,000
Restaurants
0 to 25,000
Over 25,000
Office/bank
0 to 100,000
Over 100,000
Hotel
0 to 100,000
Over 100,000
School
0 to 100,000
Over 100,000
Hospital/nursing home
0 to 100,000
Over 100,000
Place of public assembly
0 to 100,000
Over 100,000
I. 
Staged development relief. Where the total number of off-street parking spaces required may not be immediately required for a particular use, a staged development plan may be permitted which requires that only a portion of the parking area, but not less than 65% of the required spaces be completed initially, subject to the following regulations:
(1) 
The site plan shall clearly indicate both that portion of the parking area to be initially paved and the total parking needed to provide the number of spaces required.
(2) 
The site plan shall provide for adequate drainage of both the partial and total parking area.
(3) 
The portion of the parking area not to be paved initially shall be landscaped in accordance with § 176-72.
(4) 
The applicant shall post separate performance guarantees, in addition to the performance guarantees required under § 176-22, which will reflect the cost of installing the additional parking facilities necessary to provide the total number of parking spaces required.
(5) 
In lieu of a permanent certificate of occupancy, a temporary certificate of occupancy shall be issued for a period of two years. Prior to the expiration of the two-year period, the applicant may either install the additional parking shown on the site plan and apply for issuance of a permanent certificate of occupancy or apply to the Planning Board after the use has been in operation a minimum of 18 months for a determination as to whether or not the initial parking area provided is adequate. If the Planning Board determines that the parking facility is adequate as originally constructed, the performance guarantees shall be released and a permanent certificate of occupancy issued. If, however, the Planning Board determines that the partial off-street parking area is not adequate, the applicant shall be required to install the additional parking facilities in accordance with the terms of the performance guarantees prior to issuance of a permanent certificate of occupancy.
(6) 
Any change of use on a site for which the Planning Board may have approved a partial paving of off-street parking areas to a use which requires more parking spaces than are provided on the site shall require submission of a new site plan.
A. 
Parking areas, driveways and loading berths.
(1) 
All parking areas shall be surfaced with a durable all-weather asphalt or concrete paving. All parking areas, parking bays, driveways, drive aisles, and internal collectors shall be curbed with concrete curbing. Paving shall consist of a minimum of two-inch bituminous surface course, mix I-5 on six inches of dense graded aggregate.
(2) 
Concrete pads a minimum of six inches in depth shall be provided for all loading berths. Loading berth approach aprons and driveways providing access to loading areas shall be paved in accordance with the recommendations of the Planning Board Engineer.
B. 
Residential driveway paving. Residential driveways may be paved with an impervious material if there are no restrictions in a certificate of filing issued by the Commission that the subject parcel must have a driveway of crushed stone or gravel. The design and construction of the driveway shall be reviewed as an administrative site plan and approved by the Township Engineer to ensure grading meets the requirements of this chapter.
A. 
Unless otherwise specified in this chapter, no more than one principal dwelling or building shall be permitted on a lot, except that shopping centers, industrial and office complexes, two-family dwellings, multifamily complexes and condominium and townhouse developments receiving site plan approval may be permitted to have more than one building on a lot, provided that the structures comply with the setback and yard provisions of this chapter.
B. 
Every principal building shall be built upon a lot with frontage upon a public street or streets improved to meet the Township's standards or accepted by the Township.
C. 
No more than one principal use shall be permitted on a lot except as otherwise permitted in this chapter for forestry, agriculture, horticulture, fish and wildlife management, and, on agricultural lands, recreation development.
A. 
General.
(1) 
All recreation areas and facilities shall be designed in accordance with N.J.A.C. 7:50-6.143(a)2 and 7:50-6.144(a)1 through 3 and with the NJDEP publication entitled "Administrative Guidelines Barrier Free Design Standards for Parks and Recreational Facilities."
(2) 
Commercial and industrial developments shall ensure that recreational areas designed to include lawn areas are used for public recreational purposes, meet an identified public recreation need and are dedicated to public recreation use.
(3) 
Recreational development incorporating lawn areas shall limit said lawn areas that support recreational activities and which, to the extent practical, are of a variety of grass which requires minimal fertilization.
(4) 
Areas set aside for common open space shall not be used to satisfy recreational land area requirements.
B. 
Land area standards of recreational areas.[1]
(1) 
All residential development of 25 units or more shall comply with the following:
(a) 
Ten percent of the total acreage of the proposed residential portion of a development shall be land set aside for recreational purposes.
(b) 
Land provided in accordance with Subsection B(1)(a) above shall be provided in a single area or in individual parcels no smaller than one acre in size.
(c) 
All residential units for which the recreational land is provided in accordance with Subsection B(1)(b) above shall be located within 1/4 mile of such recreational land.
(d) 
Land proposed for this purpose shall be entirely suitable for recreational development. Natural features, including soils, vegetation and topography, shall be of a type, nature and character that represents no significant limitation to the area's development suitability.[2]
[2]
Editor's Note: Original § 176-82.2(5), regarding payment in lieu of open space, which immediately followed this subsection, was repealed at time of adoption of Land Use Code (see Ch. 1, General Provisions, Art. III).
[1]
Editor's Note: Original § 176-82.2A, which required a monetary contribution by certain major subdivisions to a special recreational open space land fund, which was previously included in this subsection, was repealed 2-26-2014 by Ord. No. 2014-2.
C. 
Facility standards. Recreational facilities in accordance with the following schedule shall also be provided to the extent recreational facility needs are generated by the proposed development. An analysis of the recreational facility needs of a proposed development within a specific service area around the development shall be conducted by comparing the following schedule of facility standards with existing recreational facilities within the service area and the projected population of the service area:
Type of Facility
Population
Minimum Space Standard
Service Area Radius
Basketball courts
1 per 1,000
Court dimension range from 60 x 80 feet to 70 x 104 feet
1/2 mile
Tennis court
1 per 1,000
Court dimension range from
60 x 120 feet single court;
45 x 120 feet additional adjoining courts
1 mile
Multipurpose paved area
1 per 2,000
0.50 acre (including basketball and tennis courts)
1/2 mile
Passive area (sitting)
1 per 2,000
0.50 acre
1/2 mile
Senior citizen (over 55)
(bocce, shuffleboard horseshoe)
1 per 1,000
0.50 acre
1/4 mile
Preschool playground
1 per 2,000
0.25 acre
1/4 mile
Advanced playground
1 per 2,000
0.25 acre
1/2 mile
Multipurpose turf area
1 per 2,000
0.50 acre
1 mile
Football/soccer fields
1 per 6,000
2.8 acres
325-foot outfield
1 mile
Baseball youth
1 per 6,000
1.0 acre
1 mile
Softball 60-foot diamond
200-foot outfield
Picnic area
1 per 6,000
8 eight-foot tables
1 mile
Collection and disposal of these materials shall be in accordance with Chapter 235, Solid Waste, of the Waterford Township Municipal Code.
A. 
Residential.
(1) 
Each application for residential development of 30 or more units of single-family or two-family housing or 25 or more units of multifamily housing must include provisions for the collection, disposition, and recycling of recyclable materials. A single-family unit or a unit within a multifamily dwelling should provide at least 12 square feet of floor area conveniently arranged and located as a holding area for a two-week accumulation of materials. Such an area may be within a hidden laundry room, basement or garage.
(2) 
All apartments and condominium units shall have an outdoor recycling area for the storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers of adequate size and number consistent with anticipated usage.
B. 
Nonresidential. Each application for a nonresidential use that utilizes 1,000 square feet or more of land must include provisions for the collection, disposition and recycling of recyclable materials. Each application shall quantify the amount of recyclable material it will generate as part of its weekly generation, including newspapers, leaves, white high-grade paper, glass bottles and jars, aluminum, corrugated cardboard, and tin and bimetal cans. The application shall provide a storage area to contain a week's accumulation of recyclable material.
C. 
General area requirements.
(1) 
The storage area for recyclable materials shall be designed for truck access for pickup of materials.
(2) 
The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.
(3) 
The recycling area shall be conveniently located for the residential disposition of source separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.
(4) 
The recycling bins and or containers shall be designed to provide protection against adverse environmental conditions that might render the collected materials unmarketable. Any bins or containers that are used for the collection of recyclable paper or cardboard shall be equipped with a lid, or otherwise covered, to keep the paper or cardboard dry.
(5) 
Signs clearly identifying the recycling area and the materials accepted shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein. Signs shall conform to the requirements of § 176-88.
(6) 
Fencing, at least six feet high, shall be provided around an outdoor recycling area, and the area shall be suitably screened from view in accordance with § 176-52.
No resource extraction operation shall be carried out by any person unless an application containing the information required by N.J.A.C. 7:50-4.2(b)6 is filed with the Department of Planning and Zoning and approved by the Zoning Official in accordance with § 176-12G.
On lands within the existing or proposed sewer service area as indicated in the Waterford Township Wastewater Facility Plan and where a public wastewater treatment collection system is accessible to a property proposed for development, or where such facilities are to be constructed as a condition of approval of any application for development, the developer shall construct such wastewater sanitary sewer lines and building connections in accordance with the Waterford Township Wastewater Facilities Plan and NJDEP permit requirements and in such a manner as to make adequate sewage treatment available to each lot and building within the development.
A. 
Dry sewer lines. In the event of approval of the use of individual subsurface disposal systems on lands located within the existing or proposed sewer service area according to the Waterford Township Wastewater Facilities Plan, the Planning Board additionally may require the installation of sewer lines, which must include connections to each building, for future use when public sewage treatment facilities are provided to serve the realty improvements to be constructed in the development. Until such time that the dry sewer lines are made operational and public sewage treatment facilities are provided to the site, the density provisions specified within § 176-110 for development with septic systems shall prevail.
B. 
Construction of dry sewer lines. The end of all dry sanitary sewer building connection lines shall have a tamper-proof plug or cap, temporarily sealed with a material that can be removed to utilize the fitting when the system is to be activated. The Plumbing Subcode Official or the Plumbing Inspector shall affix an adhesive-backed disc on the cap or plug bearing a preprinted message and instructions related to tampering and future use, that will be sufficient to alert and warn the original and subsequent occupants of the building. The capping and plugging shall be performed by the developer at his expense.
C. 
Additional standards.
(1) 
All sanitary sewer lines shall be air and mandrel tested. Additionally, all lines shall be televised, if needed, at the direction of the Township Engineer, and a videotape of the lines shall be provided to the Township Engineer immediately prior to the activation of the sewer lines or acceptance of the streets, whichever occurs earlier.
(2) 
It is the developer's responsibility to expand any on-tract public sanitary sewers to the limits of the tract boundary line to service future development and to conform to the Township's Master Plan and Wastewater Facilities Plan. Moreover, it is the developer's responsibility to maintain all sanitary sewer improvements for partially completed developments.
(3) 
See § 176-53 for additional standards.
A. 
Sidewalks along all streets are not required, but they shall be installed at the direction of the approving authority's discretion, depending on the probable volume of pedestrian traffic, the street classification in instances where streets are involved, school bus stops, the development's location in relation to other populated areas and the general type of improvement intended. Where required, sidewalks shall be at least four feet wide and located as approved by the approving authority. Sidewalks shall be at least four inches thick, except at points of vehicular crossing where they shall be at least six inches thick, of Class C concrete having a twenty-eight-day compressive strength of 4,000 pounds per square inch, and shall be air-entrained.
B. 
Sidewalks as required in Subsection A above shall, where adjoining existing sidewalks, be so designed as to match alignment and grade of the adjoining sidewalks.
A. 
Sight triangles shall be required at each quadrant of an intersection of streets, or streets and driveways, involving collector and arterial streets in the Township. The classification of existing and proposed streets shall be designated by the Township Engineer at the time of approval of a new street. The area within sight triangles shall either be dedicated as part of the street right-of-way or maintained as part of the lot adjoining the street set aside on a subdivision or site plan as a site triangle easement.
B. 
At the intersection or interception of two or more streets, no hedge, fence or wall, nor any obstruction to vision, shall be permitted within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are 25 feet distant from the point of intersection, measured along said street lines.
Any sign that does not conform to this section shall be removed immediately upon notification from the Department of Planning and Zoning.
A. 
Scope. In all zoning districts of the Township of Waterford, signs may be erected, altered, maintained, used, replaced, removed or moved only in compliance with the provisions of N.J.A.C. 7:50-6.107 and this section, except that any sign inside the structure or building which is not visible from outside the building or structure is excluded from the requirements.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ATTACHED SIGN
Any sign erected, constructed or maintained on a building with the principal support of said sign being the building, including, specifically, the painting of signs or displays on the exterior surface of a building. "Attached signs" shall not be more than 10 inches off the building to which they are attached.
DEVELOPMENT SIGN
A sign designating the name of a subdivision of residential homes, whether single-family, multifamily, attached or detached, or an apartment complex.
ERECT
To build, construct, attach, place, suspend or affix, and shall also include the painting of wall signs and the painting of signs or displays on the exterior surface of the building, structure or material surface.
EXTERNALLY LIGHTED
Any sign whose sole source of artificial illumination is outside the display portion of the sign.
FREESTANDING SIGN
Any sign not attached to a building, erected, constructed or maintained on a post or pole, or other bracing or supporting device.
FUNCTIONAL SIGNS
Directional, information or public service signs, such as signs advertising locations of rest rooms, telephones or similar facilities of public convenience, including entry and exit signs from parking areas. Functional signs shall not include any name or business or message other than the directional or informational material.
INTERNALLY LIGHTED
Any sign whose sole source of artificial illumination is contained within the display portion of the sign.
MOBILE SIGN
A sign which is not permanently attached to a building or not placed in the ground in such a fashion as to be permanent in a manner conforming to the Uniform Construction Code or which is located or attached to a trailer, on wheels, or other similar attachment such that the sign may be moved from place to place, either within the lot or to another location.
MULTIPLE OCCUPANCY AND TENANCY SIGN
A single sign relating to a use or facility, such as a shopping center, industrial park or office complex, where there is more than one occupancy and/or tenancy of uses, where said multiple occupancy and tenancy uses a common parking facility and/or a common private drive or roadway and where the names and professions or business names of the various tenants and/or occupants are displayed.
OFFICIAL SIGN
Any sign, symbol or device, erected, constructed or maintained by the federal, state, county or local government, or any agency thereof, for the purpose of informing or guiding the public or for the protection of the public health, safety and welfare.
REAL ESTATE SIGN
A sign of an owner of real property or of a licensed real estate broker designating a property "for sale" or "for lease."
ROOF SIGN
An attached sign erected, constructed or maintained upon or over the roof of any building, where the principal support of said sign is the roof structure.
SIGN HEIGHT
In the case of a freestanding sign, the height of the sign will be computed from grade level to the greatest height at any one point in the sign. In the case of an attached sign, no sign can be higher than the level of a second floor window in a two-or-more story building, nor can it be higher than the lowest point of the roofline in a single-story building.
SIGN SIZE
The square foot area of a sign computed by multiplying its greatest width by its greatest length, exclusive of supporting structures and bracing devices, unless such supporting structures and bracing devices are illuminated or are in the form of a symbol or contain words or symbols, in which case the supporting structure shall also be computed in determining sign size. Two- or three-sided signs carrying exactly the same message on each side shall be measured by using the surface area of one side in the case of two-sided signs or two sides in the case of three-sided signs. When there is a different message on each side of the sign, each side will be considered and used in computing sign size, or each side will be considered a separate sign.
TEMPORARY SIGN
A sign which is not permanently attached to a building structure or permanently affixed to a freestanding structure and which may be erected for a limited period of time in compliance with the provisions of this chapter.
WARNING SIGN
A sign indicating no trespassing or no fishing and/or hunting and an existing danger where a warning is legally required.
WINDOW SIGN
Any sign erected, constructed or maintained in or on a window of a building, visible from outside the building, whether illuminated or nonilluminated.
C. 
Prohibited signs. The following signs shall be prohibited in the Township and, if in existence, shall not be permitted to continue:
(1) 
No outdoor, off-site commercial advertising sign or billboard shall be permitted in the Township except lawful off-site commercial advertising signs in existence as of January 14, 1981, in the R1, R2, R3, R4, PI, PHB, OC, TC, OP, and NB Zones. All other existing off-site commercial advertising signs shall be immediately removed unless a waiver of strict compliance has been issued providing a certificate was issued by the Commission allowing them to remain.
(2) 
Flashing, blinking, twinkling, animated, moving or projected signs of any type or signs which present an illusion of movement. A sign that displays a static time and/or temperature display is permitted if the sign on which the time and/or temperature display is located is an otherwise permitted sign under this chapter.
(3) 
No sign shall be erected or maintained on a lot, tract or parcel, including any improvement thereon, unless the message on the sign directly relates to the use, sale or lease of said lot, tract or parcel. Nothing herein shall be deemed to prohibit off-tract signs for churches or fraternal organizations, setting forth the location of the church or the meeting place and meeting hours of the church or fraternal organization.
(4) 
Banners, flags, pennants, tents and similar devices, except upon occasion of the opening of a new business use in a commercial or industrial district, when banners, pennants or flags may be used for a period not to exceed 14 days to announce the opening of said business and except for special sales events or promotions, for a period not to exceed 14 days, not more than four times per calendar year.
(5) 
All mobile signs, as defined herein, are prohibited.
(6) 
No sign shall be placed in such a position that it causes or is likely to cause danger to vehicular or pedestrian traffic on any street, sidewalk or right-of-way. No sign other than an official sign may be placed within the right-of-way of any Township or county road.
(7) 
No sign shall be attached, affixed or painted on trees, fences, rocks, curbs, walks, hydrants, benches or bridges, except for warning signs, as defined herein, indicating no trespassing and the like.
(8) 
No signs with any lighting or control mechanism that may cause radio or television interference shall be erected in the Township.
(9) 
No vehicle shall be regularly parked, stopped or located in such a manner as to be used as or considered as a sign.
(10) 
Permanent window signs are prohibited except as otherwise permitted herein.
(11) 
No signs which in any way simulate official, directional or warning signs erected or maintained by the State of New Jersey, Camden County or Waterford Township or by any railroad, public utility or agency concerned with the protection of the public health or safety shall be erected in the Township.
(12) 
No signs, except such directional signs or devices required by the federal aeronautical authorities, shall be placed, inscribed or supported upon a roof or upon any structure which extends above the roof, and no sign shall project above the main cornice line of the building to which it may be affixed.
D. 
Nonconforming signs.
(1) 
It is the intent and purpose of this chapter that, as soon as legally possible, all existing signs not conforming to this section be eliminated or brought into conformity.
(2) 
Any sign located within the Township which does not conform with the provisions of this chapter, but which did conform at the time it was erected, shall be deemed a legal nonconforming sign and may continue in use until losing said legal nonconforming status as defined in Subsection D(3) below.
(3) 
A lawful nonconforming sign shall immediately lose its status if:
(a) 
The sign is altered in any way in structure or size.
(b) 
The sign is replaced.
(c) 
Damage to the sign has occurred which, when repaired, would exceed 1/3 of the replacement value as of the date of such damage.
(4) 
If any of the events occur under Subsection D(3) above, the sign shall be immediately brought into compliance with this chapter or it shall be removed.
(5) 
Periodic maintenance as required by § 176-88F shall not be considered an alteration resulting in the loss of a sign's legal nonconforming status.
E. 
Structural requirements. All signs shall be of sound construction and shall be permanently affixed to either the ground or building in a manner conforming to the New Jersey Uniform Construction Code.
F. 
Maintenance. All signs shall be periodically maintained by the owner of said sign, including painting, repairing and cleaning as necessary. Any sign that, because of improper maintenance, is deemed to be in a state of disrepair, such that the sign is no longer functional, visible or dangerous to the safety of others, in the discretion of the Township Zoning Official or Construction Official, shall be repaired by the owner of said sign within 14 days of a notice requiring said repair. Otherwise, the sign shall be removed.
G. 
Sign content. All signs shall indicate only the principal name of the establishment, proprietor or owner and may include a brief description of the principal goods or service or use thereof and a logo or trademark by which the business or owner is identified. No sign shall have a message or logo that in and of itself is lewd and licentious or advocates an act in violation of any municipal, county, state or federal law.
H. 
Abandoned uses. All signs which identify an owner, proprietor, establishment or business which is no longer in existence or operation shall be removed within 60 days from the date said operation or establishment of business ceases to exist or operate.
I. 
Illuminated signs. Illuminated signs shall be arranged such that no light or glare is directed or reflected to adjoining lots or streets or into residential windows. Any beam or beacon, lighted exteriorly, shall be lighted downwards and shall be shielded to prevent spillage off the lot or onto streets, parking and driveway areas; however, no sign with red, green, blue or amber illumination in a beam or beacon resembling an emergency light shall be erected or used in any location.
J. 
Real estate signs. One real estate sign for each lot frontage is temporarily permitted in all districts, provided that it complies with all of the following requirements:
(1) 
It is nonilluminated.
(2) 
It must pertain only to the lease or sale of the principal building lot upon which it is placed.
(3) 
It shall not exceed 12 square feet in area, except in residential districts, in which case it shall not exceed six square feet in area.
(4) 
It shall be removed within seven days after closing or settlement on said property or the execution of the lease.
K. 
Agricultural establishment signs. Signs or billboards advertising agricultural commercial establishments, in any district, shall be permitted, provided that
(1) 
No more than two signs shall be placed in any one direction along each road directly approaching the agricultural establishment; and
(2) 
No sign along a four-lane state or federal highway shall exceed 50 square feet in area, and no sign along any other road shall exceed 32 square feet in area.
(3) 
No sign shall exceed the height of 15 feet.
L. 
Temporary signs.
(1) 
All temporary signs shall be nonilluminated.
(2) 
Temporary signs, advertising events such as business openings, fairs, bazaars, auctions or other special activities, including posters, shall be erected or placed so as not to obstruct or obscure visibility at corners or intersections or otherwise cause a traffic safety hazard. Such signs are allowed 30 days prior to the event being advertised and must be removed within 10 days following the conclusion of the event. Signs erected by an ongoing business as a means of furthering its business activity or by an ongoing business or an individual as a means of selling real property shall not fall within this special activity designation. Political signs are permitted to be erected and placed 45 days prior to any election but are subject to the same ten-day removal requirement.
[Amended 9-8-2021 by Ord. No. 2021-13]
(3) 
Temporary signs of contractors, mechanics or artisans are permitted only during the period when the contractors, artisans and mechanics are actively performing work on the lands and premises where the signs are placed. The sign shall have a maximum size of 12 square feet inclusive of all mechanics or artisans performing work on the same premises. No sign shall be placed upon land or property without having first received written permission from the property owner and a construction permit has been issued for the parcel on which the sign is placed.
(4) 
Temporary window signs advertising or describing sales or special merchandise are permitted, provided that the same sign does not remain in the window for a period longer than 30 days and that all of the signs collectively do not exceed 30% of all available window space on the wall on which the window signs are located.
(5) 
One temporary development sign is permitted only for major subdivisions. Said sign is subject to the following standards:
(a) 
The temporary development sign shall not exceed 20 square feet in size and six feet in height.
(b) 
The sign shall include only the name of the subdivision; the offer for sale of the lots or homes therein; and the name and telephone number of the developer, financing institution, realtor or other agent to contact with reference to the sale.
(c) 
The temporary development sign may be installed only after final subdivision approval has been granted and at the same time as the first building permit is issued on the first lot sold. The sign must be removed with 10 days of the issuance of the last certificate of occupancy or the sale of the last lot and replaced, if desired, with a permanent development sign in accordance with the standards of this chapter if approved by the Planning Board. Notwithstanding anything herein to the contrary, no temporary development sign shall remain longer than two years from the date of final major subdivision approval unless an extension is granted by the Planning Board.
(d) 
The temporary sign shall be located at the entrance of the subdivision on property owned by the developer. No temporary development sign may be installed that interferes with traffic. If there is more than one entrance, the developer may move the one sign periodically to a different entrance as sections are sold and new sections opened. Upon acceptance of the roads or upon the sale of lands on which the sign is located, such that the sign becomes located on private property owned by other than the developer, or within a Township or county right-of-way, the sign shall be removed subject to the right to move the sign to another location as above, and subject to the overall time restrictions hereinabove.
(6) 
One temporary site sign is permitted only for major site plans in the PI District. Said sign is subject the standards of this chapter and shall be approved by the Planning Board at the time of final site plan approval. No temporary site sign shall interfere with traffic. If there is more than one entrance, the developer may move the one sign to a different entrance as buildings are sold or rented and other buildings opened. Nothing herein shall prevent the subsequent use of real estate signs as permitted under § 176-88J to advertise the further sale or lease of the stores, shops, offices or business units.[1]
[1]
Editor's Note: Amended at time of adoption of Land Use Code (see Ch. 1, General Provisions, Art. III).
(7) 
Notwithstanding anything in this chapter to the contrary, any licensed real estate broker may place a temporary direction sign for the sole purpose of providing directions to properties offered for sale or lease.
(a) 
A "temporary direction sign" is defined as a removable, freestanding sign, to be placed in or on the ground, not exceeding 18 inches in height and 24 inches in width and no higher than 30 inches out of the ground, constructed of metal, heavy cardboard or wood, indicating thereon the location of or directions to a residential property in the Township and announcing an open house utilized in connection with the marketing of that property. No more than one temporary direction sign shall be located on any one lot or within 500 feet of any other temporary direction sign along any Township right-of-way.
(b) 
A temporary directional sign may be installed on the day an open house is being conducted. It is expressly understood that the temporary direction sign must be removed no later than 6:00 p.m. of the day of the open house.
(c) 
A temporary direction sign, as defined herein, shall not include any illumination, nor any balloons, streamers or other decorative accessory.
(d) 
A temporary direction sign shall be set back from the paved cartway a minimum distance of three feet and located so that visibility at intersections is in no way diminished.
(e) 
All other provisions of this chapter remain in full force and effect.
M. 
Historic signs. Notwithstanding anything in this chapter to the contrary, signs on structures of historic significance for historic informational purposes, upon which the name of the original or historic inhabitant or builder and the date of construction of said structure is set forth and/or the historical significance of the structure are permitted, provided that said signs shall not exceed two square feet.
N. 
Signs for nonconforming uses. Upon application for a use variance or other approval to permit a nonconforming use on a property in any district where the use is not permitted, the sign for said use must be approved by the Planning Board.
O. 
Signs for nonprofit institutions. Notwithstanding the sign standards for the district in which the property is located, any property used for a church, school, lodge, club, veterans organization or similar use which is organized and operated not for profit, pursuant to Title 15 of N.J.S.A., may have one sign per street frontage identifying the use by name. Said sign may be freestanding or attached and may contain messages describing upcoming events, times of service or meetings, inspirational messages and the like. The maximum size of a freestanding sign shall be 30 square feet with a maximum height of 10 feet. An attached sign may not exceed 10% of the wall surface area of the wall on which said sign is placed.
P. 
Information and direction signs.
(1) 
A nameplate not exceeding one square foot in area and an address and/or street number not exceeding two square feet in area, both within the property line, which may be attached or freestanding, are permitted in any residential district.
(2) 
Street number designations, postal boxes, "private property," "no hunting," on-site direction, parking and warning signs are permitted in all districts but are not considered in calculating sign area. No such signs shall exceed two square feet in area.
Q. 
Development signs.
(1) 
One permanent development sign, not exceeding 24 square feet and six feet height, stating the name of the subdivision only shall be permitted in a major subdivision.
(2) 
During construction, a temporary development sign is permitted only in accordance with the standards of § 176-88L(5). The permanent development sign, if desired, may be installed at any time after the first construction permit is issued.
(3) 
The location of the permanent development sign must be approved by the Planning Board at the time of the preliminary subdivision approval. The sign may be installed at the main entrance to the subdivision and may be located within an island or other entrance design on land specifically dedicated to the Township or homeowners' association specifically for the purpose of the sign location.
R. 
Commercial and business signs.
(1) 
A commercial or business sign shall be provided in accordance with the requirements set forth below.
(2) 
In multiple occupancy shopping centers, individual facade-mounted tenancy signs shall be uniform in size, scale and design, and shall not exceed 25 square feet in area.
(3) 
Attached wall signs shall not exceed an area equivalent to 5% of the first-floor portion of the front facade or 75 square feet, whichever is less.
(4) 
Ground-mounted signs shall not exceed 15 feet height, shall be set back a minimum of 20 feet from the property line and shall not exceed 50 square feet.
(5) 
Principal identification signs for shopping centers may have tenancy identification and shall not exceed 20 feet in height or 75 square feet.
(6) 
Permitted commercial and business signs may be illuminated either from the interior or exterior, but not both.
(7) 
If a business or use is located on a lot with more than one street frontage, said business or use may have either one additional attached sign or one additional freestanding sign in accordance with this section.
S. 
Street signs. There shall be at least one street sign furnished at each intersection. All signs shall be installed under light standards where possible, be free of visual obstruction, and shall be four-way, with street names parallel to the named street. Street signs shall be installed on a particular street prior to the issuance of a certificate of occupancy for a residence on that street.
T. 
Traffic signs. The design and placement of traffic control signs shall follow the requirements specified in the "Manual on Uniform Traffic Control Devices for Streets and Highways" published by USDOT and adopted by NJDOT.
U. 
Permit required. It shall be unlawful to erect, alter, relocate or otherwise have a sign within the Township of Waterford, except those hereinafter exempt, without first making application for and obtaining a permit from the Construction Official. Exemptions:
(1) 
Residential nameplate and address.
(2) 
Official signs, as defined in § 176-88B.
(3) 
Warning signs, as defined in § 176-88B.
(4) 
Functional signs, as defined in § 176-88B.
(5) 
Temporary signs, as defined in § 176-88B, if used in accordance with the provisions of § 176-88L.
V. 
Variance. In the event that a proposed sign does not comply with the provisions of this chapter, an application for variance may be made to the Planning Board.
W. 
Enforcement.
(1) 
Upon discovery of an alleged violation of this section, the Zoning Official shall serve written notice on the owner of the sign and/or the owner, lessee, or party in interest of the property where the sign is located, ordering the sign to be brought into compliance or removed within 30 days of the date of the notice, or seven days if the alleged violation concerns a temporary sign. The notice shall include notification that if the sign is not brought into compliance or removed within such time, a summons will be issued, and that subsequent violations shall not require further notification or time to conform.
(2) 
Should the owner of a sign and/or the owner, lessee, or party in interest of the property where a sign is located violate the provisions of this chapter subsequent to the initial notice, a summons shall issue for such subsequent violation without further notice and opportunity to conform, and the Zoning Official may summarily remove the signs violating this section.
(3) 
In the event the Zoning Official, with the concurrence of the Construction Official, determines that the presence of any sign, either by reason of its construction, location or lack of maintenance and repair, presents a hazard to the health, safety and welfare of the residents of the Township, or where a sign is in violation of Subsection W(1) above, the Zoning Official shall be empowered to immediately effectuate the removal of said sign, and the expenses and costs of such removal shall be borne by the owner of the sign and/or the owner, lessee, or party in interest of the property upon which the sign is located.
(4) 
In addition to any fine imposed for a violation of this section, the sentencing court shall order the removal of the sign or the sign being brought into compliance at the owner's sole expense.
A. 
Clearing standards. All clearing and soil disturbance activities, whether or not an application for development is required pursuant to N.J.A.C. 7:50-4 and this chapter, shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.
B. 
Grading. No grading construction or regrading shall be permitted which creates or aggravates water stagnation or a drainage problem on adjacent properties. Grading shall be limited to areas shown on an approved plan.
C. 
Topsoil and subsoil protection.
(1) 
No topsoil shall be removed from the site, except as provided herein. Topsoil moved during the course of construction shall be redistributed over the disturbed areas of the development and shall be stabilized by seeding or planting or another method shown on the approved plan.
(2) 
Excess subsoil, when approved by the Township Engineer, may be transferred to another site within the Township. No subsoil may be relocated outside the Township.
All determinations of the depth to seasonal high water table shall be based upon soil analyses considering soil test borings taken on the site. Although it is preferred that the soil borings be taken between February 1 and May 31 of the calendar year, borings may be taken at any time if sufficient mottling is present to determine the seasonal high water table. Soil borings shall be taken by a soils scientist or a licensed professional engineer who shall certify and seal the results thereof. The Township reserves the right to verify all test borings and soil tests, including requiring additional borings or the monitoring of existing borings with the Township, Pinelands, or County Board of Health personnel present. The applicant shall be permitted to provide any additional information and/or data to verify the feasibility of any system to function without a deleterious effect upon or damage to water quality.
All applicants for development encompassing or abutting lakes and streams shall submit, at the time of submission, lake and stream samples, including, but not limited to, temperatures; dissolved oxygen; pH; alkalinity; benthic algal; nitrate/nitrogen; nitrogen; total Kjeldahl; chloride; invertebrate collection; phosphorus; and fecal coliform count.
A. 
These tests shall be submitted at the time of preliminary submission to the Commission and the Township.
B. 
Tests shall be prepared by a qualified testing laboratory.
C. 
Tests shall be taken at the intersection of any tract boundary and the inflowing streams and at the outfall points where the watercourse leaves the tract.
D. 
If the development is approved, at the discretion of the Board, a second set of tests shall be taken by the developer, upon the acceptance of the improvements, at a time decided by the Board but not more than two years beyond the acceptance of the improvements. All results and comparisons shall be given to the Township Engineer for review.
A. 
Streets.
(1) 
All development shall be serviced by paved public streets. The arrangement of streets not shown on the Master Plan and Zoning Map shall be arranged to provide for appropriate extension of existing streets and should conform with the topography, as far as practicable, and allow for continued extension into adjoining undeveloped tracts.
(2) 
When a new development adjoins land capable of being further developed, suitable provisions shall be made for optimum vehicular access for the remaining and/or adjoining tract to existing or proposed streets, including the possibility of a sketch of a feasible plan for vehicular access to the adjoining lands.
(3) 
Minor streets shall be designed to discourage through traffic.
(4) 
In all residential districts, development bounded by an arterial or collector street shall control access to said streets by having all driveways intersect minor streets.
(5) 
In all developments, the minimum street right-of-way shall be measured from lot line to lot line, but in no case shall a new street that is a continuation of an existing street be continued at a width less than the existing street. In addition, where any arterial or collector street intersects another arterial or collector street, the cartway requirement shall be increased by 10 feet on the right side of the street(s) approaching the intersection for a distance of 300 feet from the intersection of the center lines.
(6) 
In the event that a development adjoins or includes existing Township streets that do not conform to the street width requirements of this chapter, additional land along both sides of said street sufficient to conform to the right-of-way requirements shall be required in the development design. If the development is along one side only, at least 1/2 of the required extra width shall be required. Moreover, a portion of the existing street or road adjoining or included within a development shall be improved, including excavation, grading, base and surface courses, in accordance with the road improvement standards of this chapter.
(7) 
Township streets shall be constructed in accordance with the requirements of N.J.A.C. 5:21-4.19.
B. 
Street classification.
(1) 
All streets shall be classified according to the following schedule:
Type of Street
Right-of-Way
(feet)
Minimum Cartway Width
(feet)
Arterial
80
60
Collector
60
40
Minor
50
30
Cul-de-sac
50
30
(2) 
The minimum right-of-way and cartway widths for streets serving multifamily, commercial and industrial developments shall be determined on an individual basis and shall in all cases be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and maximum access for fire-fighting vehicles and equipment, all of which shall be subject to the approval of the Planning Board Engineer and Township Fire Marshal.
C. 
Culs-de-sac.
(1) 
Permanent culs-de-sac shall provide a turnaround at the end with a right-of-way radius equal to the street right-of-way, but in no case less than 50 feet, and a cartway radius of not less than 50 feet and shall be tangent with the right side of the street.
(2) 
A temporary cul-de-sac shall provide a similar turnaround as in Subsection C(1) above, and provisions shall be made to either leave the turnaround in existence after the street is extended or to have the turnaround removed and to have the excess right-of-way revert to the adjoining properties when the street is extended.
(3) 
Unless waived by the Board, a cul-de-sac shall not extend 600 feet measured from the center line of the intersection street to the center point of the turnaround.
D. 
Street grades.
(1) 
The minimum grade for all streets shall be 0.5%; however, 0.75% should be used where topographic conditions permit.
(2) 
All changes in grade shall be connected by vertical curves of sufficient radius and greater than 100 feet to provide a smooth transition and a minimum sight distance of 100 feet.
(3) 
Maximum street grade shall vary by road hierarchy with flatter grades required for roads with higher ADTs, in accordance with the requirements of N.J.A.C. 5:21 Table 4.6.
E. 
Street intersections.
(1) 
Street intersections shall be as near at right angles as possible and in no case shall be less than 75° at the point of intersection. Any development abutting an existing street that is classified as an arterial or collector street shall be permitted no more than one new street every 800 feet on the same side of the street within the boundaries of the tract being subdivided. In the spacing of streets, consideration shall be given to the location of existing intersections on both sides of the development.
(2) 
Intersections shall be rounded at the curbline or edge of pavement with a curve having a radius not less than 20 feet.
(3) 
When connecting street lines deflect from each other at any one point more than 10° and not more than 45°, they shall be connected by a curve with a radius of not more than 100 feet for minor streets and 300 feet for arterial and collector streets.
(4) 
Streets intersecting another street from opposite sides shall not be offset unless there is a minimum of 125 feet between the rights-of-way.
(5) 
Approaches to all intersections shall follow the straight line for at least 100 feet measured from the curbline of the intersecting street to the beginning of the curve. A tangent of at least 100 feet shall be introduced between reverse curves on all streets.
(6) 
Street intersections should be designed with a flat grade wherever practical. Maximum grade within intersections should be 5%, except for collectors that should be 3%.
F. 
Grid pattern street systems.
(1) 
As few dwelling units as possible shall face the shorter linking streets.
(2) 
Continuous street frontage shall not exceed 1,200 feet. This distance can be increased to a maximum of 1,600 feet if a public paved pedestrian access of a minimum width of 10 feet is provided near the midpoint giving access to an adjacent street.
G. 
P-loop street systems.
(1) 
The entrance leg of a P-loop shall not exceed 600 feet in length.
(2) 
The loop of a P-loop street shall not exceed 2,800 feet in length.
(3) 
An emergency access a minimum of 20 feet in width shall be provided between the loop of the P-loop street and an adjacent street.
H. 
Alleys. Unless specifically required by governmental regulation or unless evidence can be presented that rear lanes or alleys will be adequately maintained, the provision of rear lanes or alleys shall be discouraged by the Planning Board.
I. 
Street names. No street shall have a name that duplicates or so nearly duplicates in spelling or phonetic sound the name of an existing street within the Township or a nearby street of an adjacent municipality. The continuation of an existing street shall have the same name. The names of new streets must be approved by the Department of Planning and Zoning.
J. 
Street paving.
(1) 
All Township streets shall be constructed of two inches bituminous concrete surface course, mix I-2 on four inches bituminous stabilized base on six inches dense graded aggregate (quarry blend) subbase.
(2) 
A reduction of this requirement may be permitted upon the examination by the Township Engineer of the results of field CBR tests submitted by the applicant.
K. 
Deceleration lanes. When a street within a major subdivision intersects with an arterial or collector street, or where a driveway serves as an entrance to a development providing 50 or more parking spaces, a deceleration lane shall be provided for traffic turning right into the street or driveway from the arterial or collector street. The deceleration lane is to be at least 200 feet long and at least 13 feet wide measured from the proposed edge of the pavement of the arterial or collector street.
L. 
Shoulders.
(1) 
The shoulder is the portion of the roadway contiguous with the traveled way which can be used to accommodate stopped vehicles, for emergency use, bikeways, and for lateral support of subbase, base, and surface courses.
(2) 
Shoulder requirements shall vary according to street hierarchy and intensity of development. With greater intensity of development, there is more need to provide a strip for cars and service vehicles to pull off from the traveled way, to stop safely for deliveries, and for pedestrian and bicycle movement (where sidewalks are not provided).
(3) 
When shoulders are not paved, they shall be stabilized with grass in accordance with § 176-72F.
(4) 
When required, shoulder width shall be determined by the Municipal Engineer, but in no case less than four feet.
(5) 
Shoulders shall be required along all streets without sidewalks.
(6) 
No obstructions shall be placed in the shoulder area of any street.
For the purpose of this section the term "pool" shall include on-ground, in-ground swimming pools, whirlpools, hot tubs and spas.
A. 
No commercial pool shall be constructed or installed unless approved by the appropriate Board as part of a site plan approval. All swimming pools, spas, whirlpools and hot tubs shall be classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute, the New Jersey Uniform Construction Code, or the Swimming Pool Code of New Jersey, latest edition, whichever is more stringent.
B. 
No private outdoor pool shall be installed on any lot unless said lot contains a residence and said pool shall be accessory to such residence. A pool may be installed on a contiguous lot in common ownership with the lot containing the residence.
C. 
Pools shall be set back a minimum of 10 feet from all side and rear property lines and shall not be located in a front yard. In the case of properties having frontage on more than one street, the pool shall be set back at least the same distance from the street line as required for the principal building. There shall be no minimum distance requirement between the pool and principal building.
D. 
In accordance with the requirements of the current requirements of the New Jersey Uniform Construction Code, an outdoor private pool shall be provided with a fence, a wall, a building wall or a combination thereof which completely surrounds it and obstructs access to it.[1]
[1]
Editor's Note: Amended at time of adoption of Land Use Code (see Ch. 1, General Provisions, Art. III).
E. 
All filter systems shall be enclosed or separated to prevent use as an access to the pool.
F. 
The location of pools shall not interfere with access to any building or the operation of any on-lot water supply, waste disposal system, or drainage easement.
G. 
Pools shall be constructed and operated in accordance with all applicable health, safety and sanitary regulations for water filtration, circulation and treatment.
H. 
Pools shall conform with the requirements of this chapter regarding fencing and outdoor lighting.
A. 
Trailers and other stationary structures of a similar nature for storage, warehouse space, sales area, office or other use, for residential or commercial purposes, are prohibited except where expressly permitted during construction of a development or project.
B. 
In emergency situations, such as fire, water or storm damage sufficient to make a residence inhabitable, the Zoning Official may issue a temporary use permit to place a trailer on a residential lot in conjunction with construction permits for renovation of the property.
A. 
Connections. All public utility services shall be connected to an approved public utilities system where one exists. The developer shall arrange with the servicing utility for the underground installation of the distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff, as the same are on file with the New Jersey State Board of Public Utility Commissioners; provided, however, that lots not part of a new major subdivision or site plan which abut existing streets where overhead electric, CATV or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric, CATV or telephone service from these overhead lines, but any new service connections for the utilities' overhead lines shall be installed underground. In cases where extension or replacement of service is needed to existing or new buildings in established subdivisions or developments, the present method of service may be continued. In the case of existing overhead utilities, however, should a road widening or an extension of service or such other condition occur as a result of the development which necessitates the replacement or relocation of such utilities, the developer shall cause the replacement or relocation to be underground.
B. 
Location.
(1) 
New utility distribution lines and telephone lines to locations not presently served by utilities shall be placed underground, except for those lines which are located on or adjacent to active agricultural operations.
(2) 
Aboveground generating facilities, switching complexes, pumping stations, and substations shall be screened with vegetation from adjacent uses in accordance with this section.
(3) 
All electric utility transmission lines shall be located on existing towers or underground to the maximum extent practical.
(4) 
The center line of all relocated or newly installed telephone poles are to be set back five feet from the edge of pavement on noncurbed roads.
(5) 
In all developments, easements along rear property lines or elsewhere for utility installation shall be required. Such easements shall be at least 10 feet wide and located in consultation with the companies or municipal departments concerned.
No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back from all property lines at least 10 feet or equipped with baffles to deflect the discharged air away from the adjacent use. Air conditions and vents on rooftops shall be screened from view.
A. 
Standard. Ground-transmitted vibrations shall be measured with a seismograph or complement of instruments capable of recording vibration displacement and frequency in the three mutually perpendicular directions, simultaneously.
B. 
Vibration level restrictions. Vibration levels shall not exceed a particle velocity of 0.05 inch per second in any district. During the hours of 9:00 p.m. to 7:00 a.m. in residential districts, vibration levels shall not exceed a particle velocity of 0.02 inch per second. Measurements shall be made at the points of maximum vibration intensity and/or beyond adjacent lot lines or neighboring uses, whichever is more restrictive.
A. 
Careful attention shall be given to the quality of design of all buildings, land uses and street furniture (such as streetlighting, outdoor equipment and signs). Among the elements that the Planning Board must comment upon are the design of residential and nonresidential land uses and buildings, community facilities, parks and landscaping and the design of street furniture. The nature, size, shape, lighting and style of all outdoor signs must be found to be in harmony with their surroundings and consistent with the provisions of § 176-88.
B. 
Community favorable aesthetic and appearance factors shall be encouraged by the Planning Board to persist on a continuous basis.
C. 
The visual relationship and space between buildings shall be examined as it relates to its surroundings.
D. 
Buildings shall be situated to take advantage of desirable views.
E. 
Building materials, their colors and textures, shall be harmonious with their surroundings.
A. 
Trash enclosures. Refuse stations, where required, must be designed and located to be convenient for garbage removal, attractive, durable and inoffensive to the occupants of adjacent dwelling units.
(1) 
All multifamily and nonresidential uses shall provide for the outdoor storage of refuse according to the following requirements:
(a) 
Trash enclosures shall be a minimum of 100 square feet per dumpster enclosure or, in the case of large capacity dumpsters, sufficiently sized to completely enclose the receptacle. Enclosures shall be six feet high.
(b) 
All enclosures shall be constructed on a concrete pad a minimum of six inches thick, Class B. The pad shall extend a minimum of 10 feet from the front of the enclosure.
(c) 
Nonresidential enclosures shall be of masonry construction architecturally compatible with the principal structure. Residential enclosures may be constructed of wood or chain link fencing if sufficient room is allocated for trash truck access to dumpsters in the enclosure. All commercial trash enclosures must be equipped with locking gates of steel construction. When large-capacity dumpsters are utilized, a steel, locking access door within the gate or elsewhere shall be provided.
(d) 
Trash enclosures shall be located to provide straight-on access while not impeding pedestrian or vehicular circulation. Trash enclosures should not be located adjacent to site accessways or primary drive aisles.
(e) 
All enclosures shall have a vegetative buffer in accordance with § 176-52C(3).
(f) 
Where the Board determines that the types and quantities of refuse generated by the proposed use are such that they may be safely stored internally, the requirement for a external/outdoor trash enclosure may be waived.
(g) 
All trash enclosures shall be subject to accessory structure setback requirements of this chapter.
(2) 
All uses shall provide for source separation of waste pursuant to the New Jersey Mandatory Source Separation and Recycling Act of 1987 (Laws of 1987, Chapter 102), N.J.S.A. 13:1E-99.16.
B. 
Storage.
(1) 
In multifamily developments, not more than one outdoor garbage and refuse pickup station shall be permitted for each 10 independent dwelling units, except where a building contains less than 10, and each of such size and capacity as will provide adequate and well-located storage in the rear or side of the buildings housed in an appropriate structure, and all such units, together with all garbage and refuse disposal from the development, shall be serviced and picked up and otherwise disposed of by the owner of said development.
(2) 
No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the Township. 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 Township in accordance with the standards set forth in N.J.A.C. 7:50-6.
(3) 
In the nonresidential districts, no article or material shall be kept, stored, or displayed outside the confines of a building, except where permitted elsewhere in this chapter and unless the same is so screened by a special buffer planting, berm arrangement or fence, or combination thereof, as approved by the Board, so that it is not visible from any adjacent property or public street.
(4) 
Outdoor storage, where permitted, is only permitted in rear yards.
(5) 
All materials or wastes that might create a pollutant or hazard shall be enclosed in appropriate containers to eliminate such possibility. No flammable, combustible or explosive substance shall be stored on a property except under conditions approved by the Fire Official in accordance with the New Jersey Uniform Fire Code.
(6) 
Any outdoor storage of flammable material, which is permitted and is properly screened, shall be at least 50 feet from any property line.
(7) 
Household waste shall be stored is watertight containers.
(8) 
Trash containers shall not be stored in front or side yards.
C. 
Disposal.
(1) 
In all developments other than single-family, duplex or twins, the owner shall be responsible for contracting services for maintenance, pickup and disposal of all garbage and refuse.
(2) 
Household waste shall not be placed at the curb until 6:00 p.m. the night before collection.
(3) 
No materials or wastes shall be deposited upon a lot in such form or manner that they can be transferred off the lot, directly or indirectly, by natural forces such as precipitation, evaporation or wind, or where they can contaminate or render undesirable an underground aquifer, or where they will destroy aquatic life.
(4) 
No disposal of solid or liquid waste by application to land shall be permitted in the Township and the operation of a landfill for said purposes is expressly prohibited.
(5) 
Nothing herein shall be construed to prevent the fertilization of plants, vegetation and other agricultural activity for agricultural purposes.
(6) 
Nothing herein shall prevent disposal by the Township, or as authorized by the Township, of any waste, including, but not limited to, composting, sludge disposal, spray irrigation or other lawful governmental disposal in connection with an active agricultural operation and in accordance with the requirements of the DEP and CMP.
A. 
Interbasin transfer of water between watersheds shall be avoided to the maximum extent practical. In areas served by central sewers, water-saving devices, such as water-saving toilets, showers and sink faucets, shall be installed in all new development. Existing development shall comply with this requirement whenever renovation or plumbing permits are issued by the Construction Official.
B. 
Water shall not be exported from the Township except as otherwise provided in N.J.S.A. 58:1A-7.1.
C. 
All wells and all increases in diversion from existing wells which require water allocation permits from the NJDEP shall be designed and located to minimize impacts on wetlands and surface waters and meet the requirements of 7:50-6.86 of the CMP.
A. 
General water quality standards.
(1) 
All development permitted under this chapter shall be designed and carried out so that the quality of surface water and groundwater shall be protected and maintained. Agricultural use shall not be considered development for the purposes of this subsection.
(2) 
Except as specifically permitted and authorized in this chapter, no development shall be permitted which degrades surface water or groundwater quality or which establishes new point sources of pollution.
(3) 
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.
B. 
Minimum standards for point and nonpoint source discharges. The following point and nonpoint sources may be developed and operated in the Pinelands:
(1) 
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 B(2) through (5) below, provided that:
(a) 
There will be no direct discharge into any surface water body.
(b) 
All discharge from the facility is 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 ppm (parts per million) nitrate/nitrogen.
(c) 
All public wastewater treatment facilities are designed to accept and treat septage.
(d) 
All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.
(2) 
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 Subsection B(1)(b) above, provided that:
(a) 
There will be no direct discharge into any surface water body;
(b) 
The facility is designed only to accommodate wastewater from existing residential, commercial and industrial development;
(c) 
Adherence to Subsection B(1)(b) above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees.
(d) 
The design level of nitrate/nitrogen attenuation is the maximum possible within the costs to comply 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 ppm nitrate/nitrogen.
(3) 
Improvements to existing commercial, industrial and wastewater treatment facilities which discharge directly into surface waters, provided that:
(a) 
There is no practical alternative available that would adhere to the standards of Subsection B(1)(a) above.
(b) 
There is no increase in the existing approved capacity of the facility.
(c) 
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 ppm. In the event that nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceed two ppm, the discharge shall not exceed two ppm nitrate/nitrogen.
(4) 
Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:
(a) 
The proposed development to be served by the system 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 ppm nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of § 176-101B(4)(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 § 176-15 or 176-16.
(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, 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.
(d) 
The depth to seasonal high water table is at least five feet.
(e) 
The system will be maintained and inspected in accordance with the requirements of N.J.A.C. 7:50-6.85 and § 176-101C below.
(f) 
The technology has been approved for use by the New Jersey Department of Environmental Protection.
(g) 
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 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.
(5) 
Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:
(a) 
The standards set forth in Subsection B(4)(a) and (c) through (g) above are met.
(b) 
If the proposed development is nonresidential, it is located:
[Amended 6-13-2018 by Ord. No. 2018-13]
[1] 
In a Pinelands Regional Growth Area or Pinelands Village; or
[2] 
In the Pinelands Rural Development Area, Agricultural Production Area, or Forest Area, subject to the standards of N.J.A.C. 7:50-6.84(a)5iii(2).
(c) 
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 ppm nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection B(4)(c) above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)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 § 176-15 or 176-16.
(6) 
Permit required. No person shall locate, construct or alter any individual sewage disposal system until a permit for the location, construction or alteration of said system shall have been approved and issued by the Camden County Department of Health and any required construction permits have been issued by the Township Construction Official.
(a) 
The Camden County Department of Health may issue a permit if an application for the same is accompanied by a certificate made by an engineer licensed to practice professional engineering in New Jersey, stating that the design of the individual sewage disposal system as proposed is in compliance with the code and in compliance with the standards of this chapter.
(b) 
New individual disposal systems shall not be placed in operation, nor shall new dwellings or buildings or additions thereto be sold or occupied which must rely on such a system for sewage disposal until the Camden County Department of Health has issued a certificate indicating that the system has been located and constructed in compliance with the terms of the permit and this chapter.
(7) 
Alternate design pilot program treatment systems, provided that:
(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 B(7)(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 § 176-15 or 176-16;
(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, 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;
(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 well 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 the 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;
[Amended 6-13-2018 by Ord. No. 2018-13]
(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 B(7)(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 time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system; and
[Amended 6-13-2018 by Ord. No. 2018-13]
(l) 
No system shall be installed after August 5, 2007.
C. 
Individual wastewater treatment facility and petroleum tank maintenance.
(1) 
The owner of every on-site septic waste treatment facility shall, as soon as suitable septage disposal facility capacity is available, in accordance with the provisions of Chapter 325 of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and Section 201 of the Clean Water Act:
(a) 
Have the facility inspected by a technician at least once every three years.
(b) 
Have the facility cleaned at least once every three years.
(c) 
Once every three years submit to the Zoning Official 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.
(2) 
The owner of every commercial petroleum storage tank shall comply with the requirements of Chapter 102 of the Laws of 1986 and N.J.S.A. 7:14B.
D. 
Surface water runoff, provided that the requirements of § 176-59 are met.
[Amended 5-10-2023 by Ord. No. 2023-6]
A. 
Where public water is accessible, water mains shall be constructed in such a manner that adequate water service is available to each lot or building within the development. The entire system shall be designed in accordance with the requirements and standards of the municipal and state agency having authority and shall be subject to their approval. The system shall also be designed with adequate capacity and sustained pressure and in a looped system with no dead-end lines, whenever possible.
B. 
Water shall be accessible to all lots in a development. For the purpose of this section "accessible" shall mean that the property to be developed is no further from an existing water main than the number of feet arrived at by multiplying the number of units in a proposed residential development by 200, or, in the case of subdivisions in which more than 20 units are proposed, "accessible" shall mean that the property to be developed is within one mile of an existing water main. To the extent reasonable and practicable, all nonresidential developments shall be served by public water.
C. 
No more than 25 residential units or the equivalent shall be permitted on the dead end of a water main on a permanent basis. If a development exceeds the allowable limits for the number of units on a water main dead end, it is the applicant's obligation to loop the water main or provide a second source of potable water acceptable to the Township.
D. 
Where no public water is accessible, 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. 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.
E. 
Well installation, sealing and testing shall be in accordance with the NJ Standards for Construction of Water Supply Systems in Realty Improvements (Chapter 199 of Public Laws of 1954), as amended, and in accordance with the guidelines and resolutions adopted by the Camden County Department 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 Camden County Department of Health that he complied with all applicable state and municipal regulations.
F. 
It is the developer's responsibility to maintain all water supply improvements for partially completed developments.
G. 
It is the developer's responsibility to extend any on-tract public water supply to the limits of the tract boundary line to service future development and to conform to the Township Master Plan. See § 176-53 for additional standards.
H. 
Fire hydrants shall be spaced to provide necessary fire flow, and the average area per hydrant typically should not exceed 120,000 square feet. In addition, hydrants shall be spaced so that each residence shall be within 600 feet of a hydrant.
(1) 
Hydrants shall be located at all low points and at all high points with adequate means of drainage provided.
(2) 
Hydrants shall be located at the ends of lines, and valves of full line size shall be provided after hydrant tees at the ends of all dead lines and lines which may be extended in the future.
(3) 
The size, type, and installation of hydrants shall conform to Waterford Township Municipal Utilities Authority specifications.
A. 
Wetlands are defined as those 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 Natural Resources Conservation Service, or soils drainage Class 1. Wetlands include coastal wetlands and inland wetlands, including submerged lands. Inland wetlands include, but are not limited to: Atlantic white cedar swamps, hardwood swamps, pitch pine lowlands, bogs, inland marshes, lakes and ponds, rivers, streams and intermittent streams. Wetlands in Waterford Township, as shown on Map 7, are defined using the outermost extent of either lowland vegetation or wet soils.
B. 
Development shall be prohibited in all wetlands in the Township except as specifically authorized in this section.
C. 
Horticulture of native Pinelands species and berry agriculture shall be permitted in all wetlands subject to the requirements of § 176-45.
D. 
Beekeeping shall be permitted in all wetlands.
E. 
Forestry shall be permitted in all wetlands subject to the requirements of § 176-67.
F. 
Fish and wildlife activities and wetlands management in accordance with N.J.A.C. 7:50-6.10.
[Amended 9-12-2012 by Ord. No. 2012-15]
G. 
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 L below.
H. 
Docks, piers, moorings and boat launches for the use of landowners shall be permitted in all wetlands, provided that the use will not result in a significant adverse impact, as set forth in Subsection L hereof, and conforms to all state and federal regulations.
I. 
Commercial or public docks, piers, moorings and boat launches shall be permitted, provided that:
(1) 
There is a demonstrated need for the facility that cannot be met by existing facilities.
(2) 
The development conforms with all state and federal regulations.
(3) 
The development will not result in a significant adverse impact, as set forth in Subsection L hereof.
J. 
Bridges, roads, trails and utility transmission and distribution facilities shall be permitted in wetlands, provided that:
(1) 
There is no feasible alternative route or site for the facility that does not involve development in a wetland or, if none, that another feasible route or site which results in less significant adverse impacts on wetlands does not exist;
(2) 
The public need cannot be met by existing facilities or modification thereof;
(3) 
The use represents a need that 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; and
(5) 
The resources of the Pinelands will not be substantially impaired as a result of the facility and its development.
K. 
No development, except for those uses which are specifically authorized in this section, shall be carried out within 300 feet of any wetland, unless it has been demonstrated that the proposed development will not result in a significant adverse impact on the wetland, as set forth in Subsection L below. A municipal variance is not required if the Pinelands Commission accepts a buffer less than 300 feet and that buffer is stipulated in a certificate of filing.
L. 
A significant adverse impact shall be deemed to exist where it is determined that one or more of the following modifications of a wetland will have an irreversible effect on the ecological integrity of the wetland and its biotic components, including, but not limited to, threatened or endangered species of plants or animals:
(1) 
An increase in surface water runoff discharging into a wetland.
(2) 
A change in the normal seasonal flow patterns in the wetland.
(3) 
An alteration of the water table in the wetland.
(4) 
An increase in erosion resulting in increased sedimentation in the wetland.
(5) 
A change in the natural chemistry of the groundwater or surface water in the wetland.
(6) 
A loss of wetland habitat.
(7) 
A reduction in wetland habitat diversity.
(8) 
A change in wetlands species composition.
(9) 
A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting or feeding.
M. 
Determination under Subsection L above shall consider the cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may affect the wetland.