Township of Mount Olive, NJ
Morris County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[1]
Editor's Note: Former § 400-33, Accessory buildings, was repealed 1-28-2003 by Ord. No. 7-2003. See now § 550-79.
[Amended 5-25-1995 by Ord. No. 11-95]
No apartments or townhouses shall be erected unless public or private central water supply and a central sanitary sewer system are provided as approved by appropriate state, county and local regulatory agencies and until the site plan has been reviewed and approved by the approving authority. These standards shall not apply in the R-5ML Zone or the R-3SC Zone. See § 550-86 in Article VI for low- and moderate-income housing and the R-5ML Zone District and R-3SC Zone District in § 550-101 for the standards applicable in said zones.
A. 
Each overall development shall have a compatible architectural and landscaping theme with variation in design to provide attractiveness to the development. Each project shall specify how each of the following considerations has been incorporated in the overall plans: landscaping techniques; building orientation to the site and to other structures; topography; natural features such as wooded areas, drainage courses, soil conditions and topographic relief; and building design features such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing roof lines and roof designs, altering building heights and changing the types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination. In the case of housing built to satisfy the needs of low-income households, specific cost-saving features shall be described in the submission for approval; and there shall be no requirement imposed for architectural variation unless it can be accomplished without added cost to the household.
B. 
Configuration and openings.
(1) 
The configuration of structures may be any alignment that meets the yard requirements and does not exceed the following overall or component building lengths:
(a) 
Two hundred feet on one plane.
(b) 
Three hundred forty feet on any angle.
(c) 
Five hundred feet along the center line.
(2) 
Any passageway between two structures which has a roof attached to both structures shall be included in calculating these lengths.
(3) 
Structures, as measured along the center line, shall provide one opening at ground level at least every 200 feet. This opening shall be a minimum of 15 feet in clear width and a minimum of 10 feet in clear height and located so that the floor level is at an elevation not more than eight inches above or below the finished grade of the adjoining ground. The configuration of townhouse structures may be any alignment that meets the yard requirements but has not less than four nor more than eight units in one overall structure.
C. 
No complete dwelling unit shall be located lower than the finished grade along the front of the structure.
D. 
All required conservation and recreation open space shall be improved for the purposes intended as shown on the plan.
E. 
No apartment development shall exceed a design density of 12 dwelling units per acre on that portion of the tract devoted to dwelling units, parking, required open space and yards. No townhouse shall exceed a design density of six dwelling units per acre on that portion of the tract devoted to dwelling units, parking, required open space and yards. The gross density shall be as set forth in each zoning district.
F. 
Active recreational facilities within an apartment or townhouse development may be located either in the designated recreation open space or within the yard areas of each structure, notwithstanding the fact that the recreational facilities may overlap imaginary yard lines used to establish the minimum distance between structures under this chapter. The specific location of any recreational facilities shall give consideration to the proximity of structures, the type of recreational facility proposed, the expected noise level and evening illumination which may create a possible nuisance for residents and the expected pedestrian and bicycle traffic across major interior roads or driveways.
G. 
There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor and/or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The number of sites and dimensions of the recycling areas shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The number of sites and dimensions of the recycling areas and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator and shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and any applicable requirements of the municipal Master Plan, adopted pursuant to Section 26 of P.L. 1987, c. 102.
[Amended 4-8-2008 by Ord. No. 13-2008]
(1) 
The recycling areas shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.
(2) 
The recycling areas 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 areas without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling areas and the bins or containers.
(3) 
The recycling areas or the bins containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.
(4) 
Signs clearly identifying the recycling areas and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
(5) 
Landscaping and/or fencing shall be provided around any outdoor recycling areas and shall be developed in an aesthetically pleasing manner.
(6) 
All provisions of the subsection are severable. If, for any reason, any provision of this subsection is held to be invalid, the validity of the remainder of the subsection shall not be affected.
Bikeways shall be required, at the approving authority's discretion, depending on the probable volume of bicycle traffic, the development's location in relation to other populated areas or its location with respect to any overall bike route plan adopted by the Planning Board. Bicycle traffic shall be separated from motor vehicle and pedestrian traffic as much as possible. Bikeways shall generally not exceed a grade of 3%, except for short distances, and they shall be a minimum of five feet wide for one-way and eight feet wide for two-way travel. Bikeways shall have a minimum four-inch base of gravel, crushed stone or slag on the subgrade and a two-inch FABC-2 surface course. Where separate bike paths intersect streets, the curbing shall be ramped for bicycle access to the street grade. Bikeways designated for one-way travel shall only be located along streets. The minimum width for bikeways built in locations other than along streets is eight feet.
A. 
Block length, width and acreage shall be sufficient to accommodate the size lot required in that zoning district and to provide for convenient access, circulation control and traffic safety.
B. 
Blocks over 1,000 feet long in residential areas shall be discouraged, but where they are used, pedestrian crosswalks and/or bikeways between lots may be required in locations deemed necessary by the approving authority and shall be at least eight feet wide and be straight from street to street.
C. 
Blocks over 1,500 feet in residential areas shall be prohibited. For commercial and industrial uses, block lengths shall be sufficient to meet area and yard requirements for such uses and to provide proper street access and circulation patterns.
A. 
Buffer areas shall require site plan approval and are required along all lot and street lines separating residential uses from arterial and collector streets or separating a nonresidential use from either a residential use or residential zoning district line and along all street lines where loading and storage areas can be seen from the street. Buffer areas are for the primary purpose of screening views and reducing noise perception beyond the lot. Buffer widths shall be measured horizontally. No structure, activity, storage of materials or parking of vehicles shall be permitted in a buffer area. The location and design of buffers shall consider the use being screened; the distance between the use and the property line; differences in elevations; the types of buffers, such as dense planting, existing woods, a wall or fence; buffer height and width; and other combinations of man-made and natural features. The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line or the more intense the use, the more effective the buffer area must be in obscuring light and vision and reducing noise beyond the lot.
B. 
A minimum of 1/2 the length of a required buffer shall be at least 25 feet wide, designed, planted, graded, landscaped and developed to obscure the activities of the site from view. Not more than 1/2 of the required buffer shall consist of at least two of the following: landscaped fencing or walls at least 10 feet wide; landscaped berm at least six feet high; a building setback of at least 200 feet with a grade of less than 20%, with groups of plantings and trees located to enhance the architectural feature(s) of the structure and offer a break to large open areas but with no other use permitted in this yard area; and a parking area set back at least 100 feet and screened as required under the off-street parking provisions. If the Planning Board determines that any of these alternative provisions will not be a sufficient buffer, the Board may require the site plan to be modified to show more of the periphery served by the twenty-five-foot buffer area outlined above or require that the proposed alternatives be landscaped differently or be relocated until, in the Board's judgment, they provide the desired buffering effect.
C. 
All buffer areas shall be planted and maintained with either grass or ground cover, together with a screen of shrubs or a scattered planting of trees, shrubs or the plant material meeting the following requirements:
(1) 
The preservation of natural wooded tracts shall be an integral part of all site plans 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. Where additional plantings are necessary to establish an appropriate tone for an effective buffer, said planting may be required.
(2) 
Plant materials used in screen planting shall be at least three feet in height when planted and be of such density as will obscure, throughout the full course of the year, the glare of automobile headlights emitted from the premises.
(3) 
The screen planting shall be so placed that at maturity it will not be closer than three feet from any street or property line.
(4) 
Trees shall be at least eight feet in height when planted and be of a species common to the area, of nursery stock and free of insects and disease.
(5) 
Any plant material which does not live shall be replaced within one year or one growing season.
(6) 
Screen plantings and landscaping shall be broken at points of vehicular and pedestrian access to assure a clear sight triangle.
Any principal or accessory building located on a corner lot shall have a minimum setback from both street lines equal to the required front yard. The remaining two yards shall be considered side yards for the purpose of this chapter.
A. 
Area. The area of the lot devoted to car wash facilities shall not exceed 10% of the total area of the lot.
B. 
Bulk requirements shall be as follows:
(1) 
The minimum lot size: two acres.
(2) 
The minimum frontage on an arterial roadway: 200 feet.
(3) 
The minimum setbacks:
(a) 
Front yard: 90 feet.
(b) 
Side yard: 50 feet.
(c) 
Rear yard: 50 feet.
(4) 
The maximum building coverage: 10%.
(5) 
The maximum lot coverage: 50%.
C. 
Buffer requirements shall be as follows:
(1) 
Where a car wash installation or a full-service automobile laundry is adjacent to a residential use or residential zone, the side and/or rear yard setbacks shall be exclusively utilized for landscaping and screening. A combination of walls, berms and plantings may be used to create the appropriate screening effect.
(2) 
The minimum screening height shall be eight feet from grade in a consistent pattern throughout the buffer area. All buffer screening improvements at the required height shall be installed prior to the issuance of a certificate of occupancy. Deciduous trees may be used; however, the approving authority shall determine if additional year-round screening, plantings or materials are necessary.
(3) 
Where car wash facilities are located on the opposite side of a street from a residential use or residential zone, a minimum three-foot berm in height, wall or row of plantings shall be required.
D. 
Parking.
(1) 
There shall be provided 10 spaces per wash lane, with no more than 50% of the total spaces dedicated for the use of self-service vacuum cleaning machines.
(2) 
In full-service facilities, there shall be an additional two spaces per service bay.
(3) 
No parking spaces, including self-service vacuum spaces, shall be situated within 25 feet of any side or rear yard lot line and within 50 feet of the front yard lot line. The approving authority shall reserve the right to require greater setback requirements if it is determined that a site design results in unsafe circulation patterns or causes noise, glare or emissions to a neighboring property.
(4) 
There shall be provided employee-designated parking at one space per two employees. This requirement may be waived if the approving authority determines that sufficient parking is provided.
E. 
Stacking lane. No off-site stacking of vehicles shall be permitted. Adequate maneuvering room must be provided at the building's exit to allow drying and cleaning procedures. To the extent possible, the approving authority will determine stacking capacity needs based upon per-hour trip generation rates at the facility. When necessary, established resource material such as the ITE Manual shall serve as reference. All stacking lanes and interior driveways must comply with the following standards:
(1) 
A minimum distance to a lot line adjacent to a residential use or residential zone: 35 feet.
(2) 
A minimum distance to a lot line adjacent to a nonresidential zone: 15 feet.
F. 
Signs. One freestanding sign and one wall-mounted sign may be permitted per car wash facility.
(1) 
The freestanding sign shall meet the following performance standards:
(a) 
The maximum sign face: 30 square feet.
(b) 
The maximum height: 15 feet.
(c) 
The minimum setback from a lot line: 20 feet, except where situated in proximity to a residential use or residential zone, wherein a setback of 60 feet shall be required.
(2) 
Directional signs may be permitted at entrance and exit points. The maximum sign face per directional sign shall not exceed 12 square feet.
G. 
Illumination. No off-site glare from any sign shall be permitted. Where external lighting is used, it shall be directed away from exterior perimeter lines of the site. No flashing lights shall be permitted.
H. 
Performance standards shall be by type, as follows:
(1) 
All mechanized washing, waxing and drying of automobiles and other motor vehicles shall be within a completely enclosed facility, except for the entrance and the exit.
(2) 
Where possible, entrance and exit points of the car wash facility shall not face an adjacent residential use or residential zone.
(3) 
Self-service vacuums and manual drying areas shall not conflict with or interfere with on-site circulation patterns.
(4) 
All automated facilities must have a water-recycling system.
(5) 
All car wash facilities must conform to the provisions of Chapter 266, Noise, of the Township Code.
[Amended 3-14-1995 by Ord. No. 5-95; 4-28-1998 by Ord. No. 5-98]
A. 
Identification of critical areas. Land or water falling into the following classifications are to be considered as critical areas:
(1) 
Flood hazard and wetlands.
(a) 
Flood hazard area: the stream or river channel and the predominantly level area abutting the channel of a watercourse which has been inundated or covered by floodwater, including but without limitation all areas composed of soils designated as having extreme flood hazard potential as shown by the soil survey and any areas within the one-hundred-year flood line as shown on the latest map designating flood insurance areas within the Township of Mount Olive. The flood hazard area shall not be restricted to only those areas which are designated on said map but shall include any areas which fit within the definition herein and/or which are located on the aforementioned maps.
(b) 
Critical wetlands area: marsh, swampland and areas saturated with water, including but without limitation all areas composed of soils having a seasonal high-water table at the surface.
(c) 
Marginal wetlands area: all areas composed of soils having a seasonal high-water table 1.5 feet or less below the surface.
(d) 
Stream area: any body of continuously or intermittently flowing water, whether designated as a stream, brook, river or otherwise, and consisting of a bed and banks.
(e) 
Pond or lake area: any nonflowing body of water with a mean depth of four feet and a surface area greater than one acre, including any such areas created for retention or detention purposes.
(2) 
Slope areas.
(a) 
Critical slope area: areas having a grade of 25% or greater, as calculated by the methodology contained in § 550-39F(1) of this chapter.
(b) 
Moderate slope area: areas having a grade of 15% to 24%, as calculated by the methodology contained in § 550-39F(1) of this chapter.
(c) 
Shallow depth to bedrock areas: all areas composed of soils having four feet of depth to bedrock or less, as indicated in the Soil Survey of Morris County, New Jersey, undertaken by the United States Department of Agriculture, Natural Resources Conservation Service.
B. 
Regulations for flood hazard and critical wetlands area. Notwithstanding any other provision of the Zoning Ordinance[1], no building or on-lot sewage disposal facility shall be erected or constructed, either above or below ground level, within any flood hazard area, critical wetlands area or critical slope area in the Township of Mount Olive. Nothing herein contained, however, shall be construed to prohibit the use of any flood hazard area or wetlands area for farming, grazing, plant nurseries, horticulture, truck farming, forestry, wild crop harvesting, parking, open recreation uses, hunting, fishing or the like, provided that such use is permitted in the zone in which the premises is located.
[1]
Editor's Note: See Art. VI, Zoning.
C. 
Regulations for pond and lake areas. No building or structure, including parking lots, driveways or other forms of impervious coverage, or on-lot sewage facility shall be erected or constructed, whether above or below ground level, within 50 feet of the edge of any pond, lake or stream. Nothing herein contained shall be construed to prohibit the construction and maintenance of daais or other structures for the impoundment or retention of water in any such stream, pond or lake or of dug pond or reservoirs, provided that all applicable requirements and approvals of any public authority having jurisdiction over such matters are met and obtained. The following shall be permitted uses or activities in lake, pond or stream areas, provided that they do not disturb the natural indigenous character of the areas:
(1) 
Conservation of soil, vegetation, water, fish and wildlife.
(2) 
Fishing, swimming, boating, waterskiing, hunting and other like recreational uses.
(3) 
Trails for nonmotorized use.
(4) 
Grazing or farming activities.
D. 
Critical area regulations take precedence. Within the boundaries of the critical areas, the regulations concerning these critical areas shall take precedence over any conflicting laws, ordinances and codes.
E. 
Relief from critical area regulation. If an applicant, by site-specific information, which information is confirmed by the Morris County Soil Conservation District, can show that any maps or surveys or the Township designated critical areas as herein defined, which maps are relied upon by the Township, are in error with reference to the property for which the applicant is seeking development, the Board considering the application may grant full or partial relief from the impact of the adjustment factors.
F. 
Slope areas.
(1) 
Methodology.
(a) 
The method of determining slopes classified as moderate and critical shall be based upon two-foot contours and measured over a distance having a minimum change in vertical elevation of 10 feet. A plan prepared by a licensed engineer shall be submitted to determine the extent of moderate and critical slope areas. Said plan shall be clearly and legibly drawn or reproduced at a scale of no less than one inch equal to 100 feet. All topography and elevations shall be related to a bench mark noted on the plan and wherever possible shall be based on the United States Geological Survey mean sea level data. Existing contours of the site under review shall be presented at two-foot intervals. Plans submitted pursuant to this subsection shall be one of the following dimensions: 30 inches by 42 inches; 24 inches by 36 inches; 15 inches by 21 inches; or 8.5 inches by 13 inches.
(b) 
Impervious coverage of any site shall be calculated by excluding all steep slopes and 50% of the moderate slope.
(2) 
Development restrictions.
(a) 
There shall be no site disturbance, no structures and no impervious coverage permitted within critical slope areas except for driveways and roads, both public and private; however, any driveway or road must be designed in compliance with maximum grade standards, as contained in this chapter.
(b) 
Within moderate slope areas, no more than 50% of the rate of coverage for each developable lot(s), pursuant to the applicable zone district standards, may be utilized for structures and/or impervious coverage. For example, in a residential zone district which permits a maximum of 30% impervious coverage for each developable parcel, no more than 15% of that area classified as moderate slope may be disturbed or improved with structures or impervious coverage. Excluded from the limitation on disturbance or impervious coverage are utility improvements, both public and privately controlled, such as electric, telephone, cable lines, potable water, sanitary and storm sewer lines.
G. 
Any disturbance or site improvements in or in proximity to wetlands or stream corridors shall be regulated in conformance with the standards under the jurisdiction of the New Jersey Department of Environmental Protection (NJDEP).
Concrete curb with gutter or concrete curb or Belgian block curb shall be installed along every street within the development and at intersections with Township roads, county roads and state highways. The standard curb section to be used shall be not more than 10 feet in length and shall be set in accordance with approved lines and grades, and radial curbs shall be formed in an arc segment, in a smooth curve. Chord segments are prohibited. Concrete curbs shall be six inches by 18 inches, using Class B concrete having a twenty-eight-day compressive strength of 3,000 pounds per square inch. At locations specified by the approving authority, the curbing shall be designed to provide a ramp for bicycles and/or wheelchairs.
All streets shall be provided with catch basins and pipes where the same may be necessary for proper surface drainage. The requirements of this section shall not be satisfied by the construction of dry wells. The system shall be adequate to carry off or store the stormwater and natural drainage water which originates within the development boundaries and that which originates beyond the development boundaries and passes through the development calculated on the basis of maximum potential development as permitted under this chapter. No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other lands without proper and approved provisions being made for taking care of these conditions, including off-tract improvements.
A. 
In order to protect traffic upon the public thoroughfare within the Township of Mount Olive, the Township deems it necessary to regulate the grade, materials and design standards of driveways which provide entrances and exits from the public thoroughfare. The following standards are applicable for single-family residences:
(1) 
Within 20 feet of the near street right-of-way line, all driveways shall be constructed in accordance with the following specifications:
(a) 
Base material: a minimum of four inches of soil aggregate, Type 5, Class A, in accordance with New Jersey Department of Transportation specifications or an approved equal combination of material and thickness.
(b) 
Surface material: a minimum two-inch thickness of FABC-1, as per New Jersey Department of Transportation specifications.
(2) 
Driveway construction beyond 20 feet of the near street right-of-way line shall be constructed with a minimum of four inches of Type 2, Class A or B, as per New Jersey Department of Transportation specifications, except that the Township Engineer may require extension of the FABC-1 material if it is required to prevent erosion and debris on the roadway.
(3) 
All driveways constructed or modified shall be constructed so as to be as near perpendicular to the existing pavement or traveled way. Any curving alignment of the driveway for aesthetic or topographic reasons shall be accomplished beyond the Township right-of-way.
(4) 
All driveways shall be constructed and maintained in such a manner as to prevent erosion of the soil and its deposit upon the street or road, gutters, catch basins, inlets, drains or traveled way. The owner of the property shall be responsible for any debris, soil, water or ice accumulating on the roadway as a direct result of the construction of the driveway.
(5) 
All driveways constructed or altered shall be constructed in such a manner as to not interfere with the drainage along the proposed or existing pavement or traveled way, nor shall runoff from a driveway discharge beyond an existing ditch onto the traveled way. Under no circumstances shall the driveway be allowed to extend beyond the edge of the existing pavement and traveled way, thereby creating an uneven driving surface on the pavement or traveled way. The low point of the driveway is to be at the location of the existing ditch.
(6) 
The construction of a properly sized dish-type gutter will be permitted, provided that the existing gutter flow line will not be blocked, altered or changed in any manner.
(7) 
The installation of a suitably sized pipe or culvert will be required in the event that the existing flow line or ditch cannot be crossed with a dish-type gutter. The size of the pipe or culvert required shall be determined by the Township Engineer or his authorized agent.
B. 
No driveway entrance may be constructed or existing driveway entrance altered within an existing or future street or road right-of-way without first obtaining an approved driveway construction permit from the Township Engineer.
(1) 
Applications for new driveways or modifications shall be directed to the Township Engineer. Plans and profiles as required below for the proposed driveway, prepared in a workmanlike and professional manner, shall be submitted to the Township Engineer along with the completed application.
(2) 
Design criteria. All driveways shall conform to the following criteria:
(a) 
No portion of the grade of a driveway may exceed 15%.
(b) 
To prevent erosion, the side slopes of driveways shall be topsoiled, seeded, fertilized and mulched in accordance with the Morris County Soil Conservation District standards. If banks exceed a one-foot rise in a two-foot horizontal grade, retaining walls shall be required.
(c) 
Turning radii measured on the inside curve of the driveway shall not be less than 25 feet.
(d) 
Within 25 feet of the center line of an existing Township road, the finished grade of a driveway shall not exceed 2%.
(e) 
Profiles of the center line of the driveway, both existing and proposed, shall be submitted for the entire length of the driveway from the center line of the Township road to the garage floor for an existing slope in excess of 10%.
(f) 
Within 20 feet of the garage, the grade shall not exceed 3%. Downhill grades must have the drainage directed away from the dwelling.
(g) 
The Township Engineer shall have the authority to reasonably direct the owner to construct the driveway at such a location as to maximize sight distance.
(h) 
The plan must indicate the method of disposal of stormwater drainage from the driveway into the Township drainage system.
(i) 
All driveways shall have a minimum width of 10 feet for single-family homes.
(j) 
Adequate vertical transition for all grade changes shall be provided.
(k) 
Where a site occupies a corner of two intersecting roads, no driveway entrance or exit shall, where possible, be located within 100 feet of the center line intersection and shall, where possible, connect to the less trafficked street.
(l) 
The entire length of all driveways having a grade in excess of 10% from the road pavement to the terminus of the driveway shall be required to be paved in accordance with the standards as set forth in § 550-42A(2) with reference to pavement within the first 50 feet of the street right-of-way line. Alternative pavement material can be used if approved by the Township Engineer. There shall be a minimum center-line radius on all curves within any driveway of not less than 25 feet. Upon good cause shown, upon application to the Planning Board or an approving authority before which an application is pending, the approving agency has the right to waive this requirement, in whole or in part, in its sole discretion.
(m) 
All driveways on residential lots located in the RR-AA, RR-A and R-1 Zone Districts shall maintain a minimum setback of five feet from the adjacent lot.
[Added 3-23-1999 by Ord. No. 7-99]
(n) 
All driveways shall be designed in accordance with the requirements of § 550-5M(3) of this chapter.
[Added 11-9-2004 by Ord. No. 34-2004]
(3) 
Plans showing a proposed disturbed area in excess of 5,000 square feet may be sent, at the Engineer's discretion, to the Morris County Soil Conservation District for recommendations on soil erosion control, prior to application approval.
(4) 
An as-built driveway plan shall be required if, in the judgment of the Engineer, the finished driveway does not conform to the driveway design as approved.
(5) 
A certificate of occupancy shall not be issued by the Construction Code Official until the driveway construction is completed in accordance with the approved application to the satisfaction of the Township Engineer.
C. 
Exceptions.
(1) 
The property owner may apply to the Township Council for an exception from provisions of this section if the literal enforcement of such provision is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land. Such application shall present an alternative which is within the general purpose of this section.
(2) 
The Township Council shall consider the recommendations of the Township Engineer in such cases. The decisions of the Council shall be made by resolution. Applicant is required to post escrow fee in amount of $500 for the Township's professional(s) to review the proposal.
[Amended 10-28-2014 by Ord. No. 22-2014]
D. 
Violations and penalties. Any person or persons violating the provisions of this section shall be punished by a fine not to exceed $500 or by imprisonment for a term not to exceed 90 days, or both.
A. 
Easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 25 feet wide for one utility and five additional feet for each additional utility and be located in consultation with the companies or Township departments concerned and, to the fullest extent possible, be centered on or adjacent to rear or side lot lines.
B. 
Floodplain and conservation easements shall be indicated on the preliminary and final plats and shown in such a manner that their boundaries can be accurately determined.
C. 
The removal of trees and ground cover shall be prohibited in a conservation easement or floodplain, except for the following purposes: the removal of dead or diseased trees; limited thinning of trees and growth to encourage the most desirable growth; and the removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds or lakes.
D. 
The boundary line of any easement shall be monumented at its intersection with all existing or proposed street lines. Such easement dedication shall be expressed on the plat as follows: a twenty-foot easement granted to the Township of Mount Olive as provided in the Land Use Ordinance of the Township of Mount Olive.
A. 
Purpose. The purpose of this chapter is to establish regulations and standards governing the location, installation and maintenance of fire hydrants in the Township.
B. 
Location.
(1) 
No certificate of occupancy shall be issued for any structure located in an area serviced by a new public or private water system unless the distance from the midpoint of the frontage of such premises to an approved fire hydrant, as measured along the curbline or along the road center line, if curbing does not exist, is less than 250 feet and not more than 500 feet between hydrants.
(2) 
No certificate of occupancy shall be issued for any dwelling located in a residential subdivision or for more than 15 premises not serviced by a public or private water system unless hydrants are provided as required above.
(3) 
No major subdivision or site plan shall be approved by the Planning Board unless fire hydrants and water mains are shown on the preliminary plans. Where preliminary approval has been granted but construction has not started on underground improvements, construction and final plans shall be submitted in accordance with the requirements herein contained as to location of and distances between fire hydrants. Subdivisions of more than 15 dwellings providing single properties with water from a well source shall indicate and provide fire hydrants or dry lines as required by this chapter.
[Amended 10-28-2014 by Ord. No. 22-2014]
(4) 
A fire hydrant shall be placed at the closed end of a turnaround or cul-de-sac for the purpose of flushing end lines. Where the distance between the open end and closed end is greater than 300 feet, fire hydrants shall be placed at both the open and closed ends of the turnaround or cul-de-sac.
(5) 
Whenever a fire hydrant is located on the closed end of a turnaround or a cul-de-sac, the water lines connecting to the same shall be looped; and the plans of the same shall be approved by the Engineering Department, provided that water lines installed for such a hydrant may dead-end at the hydrant so long as the flow capacity of the hydrant shall be no less at the closed end of the turnaround than for the hydrant located at the open end. Such a fire hydrant shall be located in a manner that relocation of the hydrant will not be necessary upon future extension of the cul-de-sac.
(6) 
The water lines installed pursuant to this chapter shall be of a size designated by the Township Engineer but shall in no event be less than eight-inch lines in any development.
(7) 
No fire hydrant shall be placed within the closed area of a parking lot unless the parking lot has at least two entrances or the distance between the open end and closed end is greater than 300 feet [as measured in Subsection B(1)], in which event, fire hydrants shall be placed at both the open end and closed end as required in Subsection B(4) of this section.
(8) 
Installation of fire hydrants with respect to any residential, commercial or industrial subdivision shall not be considered as an improvement to be included in the bonding requirements of the Land Use Ordinance, but rather, the proper installation of fire hydrants shall be a condition of the issuance of a certificate of occupancy.
C. 
Classification and testing.
(1) 
All fire hydrants shall be classified as follows:
(a) 
Class A: flow capacity greater than 1,000 gallons per minute.
(b) 
Class B: flow capacity of 500 gallons per minute.
(c) 
Class C: flow capacity of less than 500 gallons per minute.
(2) 
Said flow capacities are to be tested at a period of ordinary demand, the rating to be based on 20 pounds per square inch of residual pressure when initial pressures exceed 40 pounds per square inch. When initial pressures are less than 40 pounds per square inch, residual pressures shall be at least 1/2 of the initial pressure.
(3) 
Flow testing shall be conducted in accordance with the recommended practices for fire flow testing as promulgated in the National Fire Protection Standard 291, dated 1977, or any amendment thereto.
(4) 
For the purpose of uniform marking of fire hydrants, each fire hydrant shall be tested upon installation and at least once every 12 months thereafter for private hydrants and at least once every 24 months for public hydrants.
(5) 
The data obtained during the testing of public or private hydrants shall be recorded and submitted to the Township Engineering Department and the Water Department on a form approved by the Township Engineer.
(6) 
The testing of private hydrants shall be witnessed by the Township Engineer or his representative, and at least 48 hours' notice shall be provided prior to said test.
(7) 
The testing of any public hydrant for the purpose of insurance rating shall be requested, in writing, to the Division of Water and Sewer Utility at least 48 hours prior to the desired test and shall be accompanied by a fee of $25 per test.
D. 
Identification and markings. All public and private fire hydrants shall be painted in accordance with the following schedule:
(1) 
The bonnets and nozzle caps of all hydrants shall be painted with a fluorescent paint, the color of which will indicate the classification as follows:
(a) 
Class A: green.
(b) 
Class B: orange.
(c) 
Class C: red.
(2) 
Barrels of public hydrants will be painted chrome yellow.
(3) 
Barrels of private hydrants on public streets shall be painted red.
(4) 
Fire hydrants not connected to an approved water system or providing less than 100 gallons per minute shall have the bonnet and nozzle caps painted black.
(5) 
Fire hydrants temporarily out of service shall be covered or be identified with a four-inch wide metal or wood ring attached to the steamer connection. Said ring shall be painted red and lettered "out of service."
(6) 
Five feet of curbing on each side of any fire hydrant symbol shall be painted yellow, and a hydrant symbol shall be painted yellow on the street pavement at a right angle from the hydrant not less than eight feet from the curb.
(7) 
All private fire hydrants shall be identified with the name of the private water company on a metal tag attached to the hydrant.
E. 
Installation and maintenance.
(1) 
The owner or operator of any water system or the developer of any major subdivision or site plan shall install and maintain all fire hydrants in accordance with recognized standards so that the hydrant is in proper working order at all times.
(2) 
All fire hydrants installed in the municipality shall have no less than two two-and-one-half-inch hose connection nozzles and one four-and-one-half-inch pumper connection. All threads shall be National Standard fire hose threads.
(3) 
Hydrants shall be set with the center of outlets 18 inches above the ground. When hydrants are placed before grading is completed, the final grade line and accessibility shall be taken into account.
(4) 
Hydrants, pipes, valves, fittings and other appurtenances shall be installed as stipulated in this chapter and as recommended by the manufacturer and the specifications of the American Water Works Association.
(5) 
The owner or operator of any water system placing a fire hydrant or a water supply out of service shall notify the Director of Public Safety not less than 24 hours prior to placing the hydrant out of service, or in the case of an emergency, said notification shall be made immediately to the Mount Olive Police Department.
(6) 
All painting and maintenance of hydrants shall be performed by the owner or operator of the water system.
(7) 
The placement of any fence, pole, shrub or other encumbrance within 36 inches of any fire hydrant shall be prohibited.
(8) 
It shall be unlawful to obscure from view, damage, deface, obstruct or restrict the access of any fire hydrant or any Fire Department connection for the pressurization of fire suppression systems, including fire hydrants and Fire Department connections that are located on public or private streets and access lanes or on private property.
(9) 
No person shall use or operate any fire hydrant intended for the use of the Fire Department for fire suppression purposes unless such person first secures permission for such use from the Chief of the local fire company and the water company having jurisdiction. This section shall not apply to the use of such hydrants by the Fire Department or a person employed by and authorized to make such use by the water company having jurisdiction.
F. 
Time of compliance. The owner of any existing fire hydrant, including private water companies, shall comply with this chapter.
G. 
Violations and penalties.
(1) 
Any person, firm, corporation or other entity who or which shall violate any provision of this section shall be subject to a fine not exceeding $500 or imprisonment for a term not exceeding 90 days, or both, and each day in which said violation continues shall constitute a separate violation or offense.
(2) 
This penalty provision shall be construed as an addition to and not in place of any other remedies available in law or in equity, including the withholding of certificates of occupancy.
A. 
Village Shopping Center. The following described areas in the Village Shopping Center are hereby designated fire lanes, and all parking of vehicles within said areas is prohibited.
(1) 
The area between the northerly side of the buildings, in the northeast corner of the shopping center and the northerly property line, being the area parallel to said buildings and approximately 200 feet in length and 12 feet in width.
(2) 
The area between the southerly side of the buildings, in the northeast corner of the shopping center and the nearest parking spaces to the south of said buildings, being the area parallel to the concrete walk to the south of said buildings and approximately 200 feet in length and 30 feet in width.
(3) 
The area between the westerly side of the second group of buildings, in the northeast corner of the shopping center and the northwest property line, being the area parallel to said building and approximately 105 feet in length and 20 feet in width.
(4) 
The area abutting the easterly side of the second group of buildings, in the northeast corner of the shopping center, being the area parallel to and abutting the concrete sidewalk and on the easterly side of said buildings and approximately 105 feet in length and 20 feet in width.
(5) 
The front area (north) of the Parkade, that is, the entire curbline in front of the Parkade stores which separates the parking lot driveway from the concrete sidewalk area in front of the stores.
[Added 12-19-2000 by Ord. No. 48-2000]
B. 
Sutton Park Shopping Center. The following described areas in the Sutton Park Shopping Center are hereby designated fire lanes, and all parking of vehicles within said area is prohibited:
[Amended 10-28-2014 by Ord. No. 22-2014]
(1) 
The area west of the shopping center buildings, being approximately 720 feet in length on a north-south axis and approximately 50 feet in width.
C. 
The Mall at 206. The following described areas in The Mall at 206 are hereby designated fire lanes, and all parking of vehicles within said areas is prohibited:
[Amended 10-28-2014 by Ord. No. 22-2014]
(1) 
The area on the easterly side of the shopping center buildings, being approximately 415 feet in length on a north-south axis and approximately 25 feet in width.
D. 
Village Green Shopping Center. The following described area in the Village Green Shopping Center is hereby designated as a fire lane, and all parking of vehicles within said area is prohibited:
(1) 
The area between the east corner of the primary anchor store in the east corner of the shopping center and running south and west along said buildings in the shopping center as they face United States Highway 46 and ending at the east corner of the building located closest to the south edge of said shopping center, the total distance being 615 feet and the width being 24 feet as measured from the curbline to the closest parking spaces.
[Amended 10-28-2014 by Ord. No. 22-2014]
E. 
Designation of fire lanes. Said fire lanes shall be designated with yellow paint on the pavement and with appropriate signs.
F. 
Violations and penalties. Any person, firm or corporation violating the provisions of this section shall, upon conviction, be subject to a fine of not more than $50.
A. 
Wherever a central water supply system services or proposes to serve a development, provision shall be made for fire hydrants along streets, within parking areas and/or on the walls of nonresidential structures, as approved by the Township Fire Subcode Official or the Municipal Engineer and in accordance with Fire Insurance Rating Organization Standards. In addition, fire hydrants shall comply with all provisions of § 550-44 of this chapter.
B. 
Where streams or ponds exist or are proposed on lands to be developed, facilities shall be provided to draft water for fire-fighting purposes. This shall include access to a public street suitable for use by fire-fighting equipment and construction of or improvements to ponds, dams or similar on-site or off-site development, where feasible. Such facilities shall be constructed to the satisfaction of the Township Engineer and Fire Marshal and in accordance with National Fire Protection Association Standards.
A. 
Findings of fact.
(1) 
The flood hazard areas of the Township of Mount Olive are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
(2) 
These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard, which increase flood heights and velocities and, when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
B. 
Statement of purpose. It is the purpose of this section to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1) 
Protect human life and health.
(2) 
Minimize expenditure of public money for costly flood control projects.
(3) 
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
(4) 
Minimize prolonged business interruptions.
(5) 
Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges, located in areas of special flood hazard.
(6) 
Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.
(7) 
Ensure that potential buyers are notified that property is in an area of special flood hazard.
(8) 
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
C. 
Methods of reducing flood losses. In order to accomplish its purposes, this chapter includes methods and provisions for:
(1) 
Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities.
(2) 
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
(3) 
Controlling the alteration of natural floodplains, stream channels and natural protective barriers which help accommodate or channel floodwaters.
(4) 
Controlling filling, grading, dredging and other development which may increase flood damage.
(5) 
Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
D. 
Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Township of Mount Olive.
E. 
Basis for establishing areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the Township of Mount Olive," dated August 1983, with accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps and any revisions thereto, are hereby adopted by reference and declared to be a part of this section. The Flood Insurance Study is on file in the Mount Olive Township Municipal Building, 204 Flanders Drakestown Road, Budd Lake, New Jersey.
[Amended 10-28-2014 by Ord. No. 22-2014]
F. 
Penalties for noncompliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500 or imprisoned for not more than 90 days, or both, for each violation and, in addition, shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Township of Mount Olive from taking such other lawful action as is necessary to prevent or remedy any violation.
G. 
Abrogation and greater restrictions. This section is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section and any other ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
H. 
Interpretation. In the interpretation and application of this section, all provisions shall be:
(1) 
Considered as minimum requirements.
(2) 
Liberally construed in favor of the governing body.
(3) 
Deemed neither to limit nor repeal any other powers granted under state statutes.
I. 
Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes; this section does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Township of Mount Olive, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
J. 
Administration.
(1) 
Establishment of development permit. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Subsection E. Application for a development permit shall be made on forms furnished by the Certified Floodplain Manager and may include, but not be limited to, plans in duplicate, drawn to scale, showing the nature, location, dimensions and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required:
[Amended 10-28-2014 by Ord. No. 22-2014]
(a) 
The elevation, in relation to mean sea level, of the lowest floor (including the basement) of all structures.
(b) 
The elevation, in relation to mean sea level, to which any structure has been floodproofed.
(c) 
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Subsection K.
(d) 
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(2) 
Designation of the Certified Floodplain Manager. The Certified Floodplain Manager is hereby appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions.
[Amended 10-28-2014 by Ord. No. 22-2014]
(3) 
Duties and responsibilities of the Certified Floodplain Manager. The duties of the Certified Floodplain Manager shall include, but not be limited to:
[Amended 10-28-2014 by Ord. No. 22-2014]
(a) 
Permit review. The Certified Floodplain Manager shall:
[1] 
Review all development permits to determine that the permit requirements of this section have been satisfied.
[2] 
Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
[3] 
Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Subsection K are met.
(b) 
Use of other base flood data. When base flood elevation and floodway data have not been provided in accordance with Subsection E, Basis for establishing areas of special flood hazard, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer specific standards, residential construction, and specific standards, nonresidential construction, as set forth in Subsection K.
(c) 
Information to be obtained and maintained. The Certified Floodplain Manager shall:
[1] 
Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including the basement) of all new or substantially improved structures and whether or not the structure contains a basement.
[2] 
For all new and substantially improved floodproofed structures:
[a] 
Verify and record the actual elevation (in relation to mean sea level); and
[b] 
Maintain the floodproofing certifications required in Subsection J(1)(c).
[3] 
Maintain for public inspection all records pertaining to the provisions of this section.
(d) 
Alteration of watercourses. The Certified Floodplain Manager shall:
[1] 
Notify adjacent communities and the state coordinating agency prior to any alteration or relocation of a watercourse and shall submit evidence of such notification to the Federal Insurance Administration.
[2] 
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(e) 
Interpretation of FIRM boundaries. The Certified Floodplain Manager shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). For the purpose of making interpretations, the Certified Floodplain Manager shall make a field inspection to determine field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Subsection J(4).
(4) 
Waiver relief procedure.
[Amended 10-28-2014 by Ord. No. 22-2014]
(a) 
Appeal Board.
[1] 
The Planning Board as established by the Township of Mount Olive shall hear and decide appeals and requests for waiver relief from the requirements of this section.
[2] 
The Planning Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Construction Official in the enforcement or administration of this section.
[3] 
Those aggrieved by the decision of the Planning Board or any taxpayer may appeal such decision to the Superior Court of New Jersey, as provided by law.
[4] 
In passing upon such applications, the Planning Board shall consider all technical evaluations, all relevant factors, standards specified in other subsections of this section and:
[a] 
The danger that materials may be swept onto other lands to the injury of others.
[b] 
The danger to life and property due to flooding or erosion damage.
[c] 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
[d] 
The importance of the services provided by the proposed facility to the community.
[e] 
The necessity to the facility of a waterfront location, where applicable.
[f] 
The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage.
[g] 
The compatibility of the proposed use with existing and anticipated development.
[h] 
The relationship of the proposed use to the Comprehensive Plan and floodplain management program of the area.
[i] 
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.
[5] 
Upon consideration of the factors of Subsection J(4)(a)[4] and the purposes of this section, the Planning Board may attach such conditions to the granting of waiver relief as it deems necessary to further the purposes of this section.
[6] 
The Planning Official shall maintain the records of all appeal actions, including technical information, and report any waiver relief to the Federal Insurance Administration upon request.
(b) 
Conditions for variances.
[1] 
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that Subsection J(4)(a)[4][a] through [i] has been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases.
[2] 
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.
[3] 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
[4] 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
[5] 
Variances shall only be issued upon:
[a] 
A showing of good and sufficient cause.
[b] 
A determination that failure to grant the variance would result in exceptional hardship to the applicant.
[c] 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense or create nuisances or cause fraud on or victimization of the public, as identified in Subsection J(4)(a)[4], or conflict with existing local laws or ordinances.
[6] 
Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
K. 
Provisions for flood hazard reduction.
(1) 
General standards. In all areas of special flood hazard, the following standards are required:
(a) 
The Planning Board shall also determine, with the advice and assistance of the Township Engineer, Construction Official and other competent authority that:
[Amended 10-28-2014 by Ord. No. 22-2014]
[1] 
Proposed construction, repairs or alterations shall use construction materials and utility equipment that are resistant to flood damage. Proposed construction, repairs or alterations shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure.
[2] 
Construction methods and practices are used that will resist rupture or collapse from water pressure and minimize flood damage.
[3] 
Proposed utilities and facilities, such as water, sewer and electrical systems, are located, elevated and constructed to minimize or eliminate flood damage. These shall include watertight manholes with vents, raised vents, flap valves, etc. Such facilities shall be constructed with overflow elevations two feet above flood level. In addition, on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
[4] 
Drainage is provided to reduce exposure to flood hazards.
[5] 
New or replacement water systems and sanitary sewer systems are designed and located to prevent infiltration, leakage, impairment or contamination during flooding.
[6] 
Doors shall be of watertight installation.
[7] 
Paints, membranes or mortars shall be used to reduce seepage of water through walls.
[8] 
Backfill should be of soils with natural low permeability.
[9] 
There shall be eight inches of compacted granular fill beneath ground floor, said fill materials acting as a french drain.
[10] 
No buried fuel oil tanks shall be permitted unless properly anchored and vented, with the vent two feet above the flood level.
[11] 
All mechanical devices and equipment subject to water damage, including furnaces and electrical distribution centers, shall be located at least two feet above flood level.
(b) 
Anchoring.
[1] 
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
[2] 
All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
[a] 
Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring one additional tie per side.
[b] 
Frame ties shall be provided at each corner of the home, with five additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring four additional ties per side.
[c] 
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
[d] 
Any additions to the mobile home shall be similarly anchored.
(c) 
Construction materials and methods.
[1] 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
[2] 
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
(d) 
Utilities.
[1] 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
[2] 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.
[3] 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
[4] 
Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(e) 
Subdivision proposals.
[1] 
All subdivision proposals shall be consistent with the need to minimize flood damage.
[2] 
All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize flood damage.
[3] 
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
[4] 
Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres (whichever is less).
(f) 
For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(2) 
Specific standard. In all areas of special flood hazard where base flood elevation data have been provided as set forth in Subsection E, Basis for establishing areas of special flood hazard or in Subsection J(3)(b), Use of other base flood data, the following standards are required:
(a) 
Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including the basement, elevated to or above base flood elevation.
(b) 
Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including the basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, shall:
[1] 
Be floodproofed so that below the base flood level the structure is watertight, with walls substantially impermeable to the passage of water.
[2] 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
[3] 
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this section. Such certification shall be provided to the official as set forth in Subsection J(3)(c)[2].
(c) 
Mobile homes.
[1] 
Mobile homes shall be anchored in accordance with Subsection K(1)(b)[2].
[2] 
All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation.
[a] 
Stands or lots shall be elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level.
[b] 
Adequate surface drainage and access for a house shall be provided.
[c] 
In the instance of elevation on pilings:
[i] 
Lots shall be large enough to permit steps.
[ii] 
Piling foundations shall be placed in stable soil, no more than 10 feet apart.
[iii] 
Reinforcement is provided for pilings more than six feet above the ground level.
(3) 
Floodways. Located within areas of special flood hazard established in Subsection E are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
(a) 
Encroachments, including fill, new construction, substantial improvements and other development shall be prohibited unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(b) 
If Subsection K(3)(a) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Subsection K, Provisions for flood hazard reduction.
(c) 
The placement of any mobile homes, except in an existing mobile home park or existing mobile home subdivision, shall be prohibited.
(d) 
In all areas of special flood hazard in which base flood elevation data have been provided and no floodway has been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than 2/10 of a foot at any point.
A. 
Purpose and policy. It is hereby found that Drakes Brook, Turkey Brook, South Branch Raritan River and Musconetcong River in the Township of Mount Olive are subject to recurring flooding; that such flooding damages and endangers life and public and private property and facilities; that this condition is aggravated by development and encroachment in the floodplain; and that the most appropriate method of alleviating such conditions is through regulation of such development and encroachment. It is, therefore, determined that the special and paramount public interest in the floodplain justifies the regulation of property therein for the protection of the persons and property of its inhabitants and for the preservation of the public health, safety and general welfare through the exercise of the police power of the municipality.
B. 
Content.
(1) 
This section consists of this text and those maps entitled:
(a) 
"State of New Jersey Department of Conservation and Economic Development, Division of Water Policy and Supply, Delineation of Floodway and Flood Hazard Areas, Drakes Brook, Mount Olive Township, Morris County, New Jersey, Anderson-Nichols & Co., Boston, Massachusetts." Plate Numbers D-1 through D-4.
(b) 
"State of New Jersey Department of Conservation and Economic Development, Division of Water Policy and Supply, Delineation of Floodway and Flood Hazard Area, South Branch Raritan River, Mount Olive Township, Morris County, New Jersey, Anderson-Nichols & Co., Boston, Massachusetts." Plate Numbers SB-31 through SB-35.
(c) 
"Department of Housing and Urban Development, Federal Insurance Administration, Township of Mount Olive, New Jersey (Morris County), dated January 4, 1974." Plate Numbers H 34 027 2046, H 34 027 2046 01 through H 34 027 2046 03.
(2) 
The maps described in Subsection B(1)(a) and (b) above, provided by the State of New Jersey, show the plan and profile of a portion of Drakes Brook or South Branch Raritan River and the floodway and flood hazard area adjacent thereto. Said maps [Subsection B(1)(a) and (b)] encompass in the aggregate approximately five miles of Drakes Brook, extending from its junction with the South Branch Raritan River upstream to Carey Road in the Township of Roxbury and 6 1/2 miles of the South Branch Raritan River extending from 400 feet southwest of Four Bridges Road upstream to Budd Lake.
(3) 
The map described in Subsection B(1)(c) above, provided by the Department of Housing and Urban Development, Federal Insurance Administration, shows the plan and profile of a portion of Turkey Brook, from the south branch of the Raritan River north approximately 4,000 feet to a point 2,100 feet south of the Flanders-Drakestown Road; Drakes Brook from the Washington-Mount Olive Township corporate boundary line to the east branch of said brook ending at the Roxbury Township line and the west branch of said brook ending at State Highway Route No. 206; the south branch of the Raritan River from where it enters Mount Olive Township from Roxbury Township to a point 600 feet south of the Flanders-Drakestown Road; and the Musconetcong River for its entire length within Mount Olive Township.
(4) 
Said maps described in Subsection B(1) above, however, are subject to amendments and, when so revised, are to be applied in their amended form. In all instances where applicable, the maps furnished by the State of New Jersey shall take preference and apply to the various watercourses covered by this chapter. The maps prepared by the Department of Housing and Urban Development shall be applicable only in those areas of the Township not delineated in the state maps.
(5) 
All of said maps are on file in the offices of the Township Clerk, the Planning Board Secretary, the Building Inspector and the Township Engineer and are incorporated in this chapter by reference as though fully set forth in this text.
C. 
Applicability. The following regulations shall govern developments in the floodway and flood hazard area:
(1) 
No structure or obstruction shall hereafter be erected, moved or externally altered, added to or enlarged, nor shall any material or equipment be stored, nor shall any fill be placed or the elevation of any land be substantially changed, in the floodway, except in accordance with a permit issued therefor as provided by this chapter; provided, however, that accepted practices of soil husbandry and the harvesting of crops in connection with farming are not included in the foregoing prohibitions.
(2) 
No structure or obstruction shall hereafter be erected, moved or externally altered, added to or enlarged in the flood hazard area outside the floodway, except in accordance with a permit issued therefor as provided by this section.
(3) 
These regulations are applicable to any major or minor subdivision of lands within the floodway or flood hazard area and to any other building or construction of any building, structure or obstruction, whether or not subdivision or site plan approval is required under the statutes, ordinance, rules or regulations of any governmental body having jurisdiction or applicable to any lands or construction within Mount Olive Township.
(4) 
In case of doubt or uncertainty as to the exact limit of the floodway or flood hazard area in relation to a proposed building, structure or obstruction, the Township Engineer shall determine the precise location of a floodway or flood hazard area limit by close inspection, field survey or other appropriate method and shall cause the same to be marked on the ground, notifying the landowner, the Building Inspector and the Planning Board of the results thereof.
(5) 
Floodplain construction. The Planning Department is authorized and directed to charge a fee of $25 for any certification delivered to any person pursuant to this section.
[Amended 10-28-2014 by Ord. No. 22-2014]
D. 
Procedure. The following procedure shall govern the issuance of such permits:
(1) 
The property owner shall apply to the Planning Board for approval of plans to erect any building, structure or obstruction which shall be filed with an application as established by the Planning Board. Along with said application, the property owner shall pay a filing fee in the amount of $100 and an escrow fee of $500 for professional review. Such plans shall include a true and accurate plot plan, submitted in triplicate, drawn to a scale of not less than one inch equals 50 feet, with contour lines at intervals of not more than two feet, reflecting United States Geological Service data, showing the exact size, shape, location and elevation of existing and proposed fill or regrading; the exact dimension and acreage of each lot or plot to be built upon or otherwise used; the location of the floodway and flood hazard area limits; the location, layout and elevation of existing and proposed parking areas, driveway, drainage, sewer and water facilities and connections, plantings, seedlings, screenings, fences and signs; and such other information as shall be reasonably required for an evaluation of the effect of the development upon flood control. Buildings or obstructions to be erected, moved or externally altered, added to or enlarged in the flood hazard area outside the floodway will be issued a permit upon proof being submitted to the Planning Board that the elevation of any floor thereof, including the cellar, is not less than one foot above the flood hazard area design flood profile.
[Amended 10-28-2014 by Ord. No. 22-2014]
(2) 
The Planning Board shall review the application as hereinafter provided, but approval thereof shall not relieve the applicant from complying with the provisions of the Land Use Ordinance, nor shall it constitute a recommendation of any waiver relief that the applicant may thereafter seek from the Planning Board.
[Amended 10-28-2014 by Ord. No. 22-2014]
(3) 
The Planning Board shall refer the application to the State Division of Water Policy and Supply for report and recommendation, and the Board shall not take final action thereon until after such report and recommendation or until after 30 days shall have elapsed from the date of such reference without receipt of such report and recommendation. The Planning Board shall review the application and, after giving the applicant an opportunity to appear and be heard with respect thereto, shall approve or disapprove the same, being guided in its action by the standards set forth in Subsection E. The Board shall state its findings and the reasons for its action in writing, and a copy thereof shall be given to the applicant.
(4) 
If the application shall be approved, the Building Inspector shall issue a permit for the building, structure or obstruction in accordance with such approval; but such permit shall not relieve the applicant from complying with such other laws and ordinances and other rules and regulations of any governmental body having jurisdiction as shall be applicable.
(5) 
If the Planning Board shall fail to take final action within 90 days after the date of the submission of the application or within such further time as shall be reasonably required by the Planning Board, the application shall be deemed to have not been approved.
(6) 
If any person shall be aggrieved by the action of the Planning Board, appeal, in writing, to the Township Council may be taken within 10 days after the date of such action or within 10 days of service of the findings by the Planning Board, whichever occurs later. The Township Council shall fix a time and place for a public hearing, to be published in the Township's legal newspaper at least 10 days prior to the hearing. All parties in interest shall be afforded an opportunity to be heard thereat. If there is any transcript available from a hearing before the Planning Board, a copy shall be supplied to the Township Council at the applicant's cost. After such hearing, the Township Council shall affirm or reverse the action of the Planning Board, stating its findings and conclusions; and a written copy of such determination shall be given to the appellant.
E. 
Standards. In reviewing applications submitted under Subsection D, the Planning Board shall consider and be guided by the general purposes set forth in Subsection A and, in addition, shall apply the following standards:
(1) 
As to buildings, structures or obstructions in the floodway, primary consideration shall be given to preserving this area as defining the minimum area required for the passage of flood flows without aggravating flood conditions upstream and downstream. Encroachments therein shall therefore be permitted most sparingly and only in cases in which the public interest will be served, such as by bridges, roads, municipal utility installations, telephone poles and the like and the temporary storage of material or equipment in connection with and during the construction thereof or where the obstruction is minimal, such as by surface parking or recreation areas, open fencing and the like and then, in either case, only in accordance with conditions designed to limit the obstruction to the practicable minimum. Residential structures shall not be permitted within the floodway.
(2) 
As to buildings, structures or obstructions in the flood hazard area outside the floodway, primary consideration shall be given to the protection of persons and property involved in the development; and such consideration shall not be avoided by the waiver of the applicant. Exceptions from the prohibitions of Subsection C(2) shall therefore be permitted only where the building, structure or obstruction is not designed or intended as a human dwelling place, is of a monetary value less than 10% of the value of the lot or parcel of land upon which it is proposed to be installed, is not intended to house property of a value greater than its own value and will not, by reason of its size, shape, construction or location, have any substantial adverse effect upon the functioning of the floodway.
F. 
Flood regulations to take precedence. Within the boundaries of the flood hazard areas, the laws and ordinances concerning floodplains, floodproofing, floodway preservation and other measures designed to reduce flood losses shall take precedence over any conflicting laws, ordinances and codes.
G. 
Warning; disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that areas outside the flood hazard area or land uses permitted within such area will be free from flooding or flood damages. This section shall not create liability on the part of the Township of Mount Olive or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
H. 
Abrogation; greater restrictions. It is not intended by this section to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail. All other ordinances inconsistent with this section are hereby repealed to the extent of the inconsistency only. Nothing herein shall be construed to waive any of the requirements of the Mount Olive Township Land Use Ordinance.
I. 
Interpretation. In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by the state.
J. 
Cooperation with neighboring communities. Where applicable and in the best interests of cooperation between neighboring communities for the alleviation of flood conditions, applications for approval of development plans submitted to the Planning Board and having a direct effect upon flood-prone areas in neighboring communities may be submitted to the appropriate agency in said neighboring community for its comments and recommendations.
K. 
Violations and penalties.
(1) 
Any person, firm or corporation who or which shall violate any provision of this section shall be liable to a fine not exceeding $500 or to imprisonment for a term not exceeding 90 days, or both, and each day such violation continues shall constitute a separate violation or offense.
(2) 
In the event that the owner or possessor of said lands shall refuse or neglect to abate or remedy the violation, the Township shall cause the condition complained of to be abated and remedied. Any costs or expenses incurred by the Township in abating or remedying the violation shall become a lien upon the land and shall be added to and become and form a part of the taxes next to be assessed and levied upon said lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
A. 
The purposes are to:
(1) 
Implement the land use rules and regulations promulgated by the New Jersey Department of Environmental Protection for floodways and the flood fringe portion of a flood hazard area.
(2) 
Discourage construction and regrading in flood hazard areas.
(3) 
Prevent encroachments into flood hazard areas which would obstruct or constrict the area through which water must pass.
(4) 
Prevent pollution of watercourses during low- or high-water periods by preventing the placing or storing of unsanitary or dangerous substances in the flood hazard areas.
B. 
The flood hazard design elevation shall be determined on an individual basis based upon stream encroachment line data from the Division of Water Resources or, in the absence of that data, the flood elevation based on a two-hundred-year storm frequency. One or the other shall be delineated on the plat. In addition, the Municipal Engineer may, upon receipt of the application and with the consent of the landowner, determine the precise location of a floodway and flood fringe area by close inspection, field survey or other appropriate method and cause the same to be marked on the ground and on the plat, and notify the owner, the New Jersey Department of Environmental Protection, Division of Water Resources, and the approving authority. The assistance of the United States Department of Agriculture, Natural Resources Conservation Service, the Delaware River Basin Commission, United States Corps of Engineers and the New Jersey Department of Environmental Protection, Division of Water Resources may be sought to aid in delineating the flood hazard design elevation, except that where state or federal agencies shall subsequently publish any reports which delineate the flood hazard design elevation of a watercourse, said report shall be the officially delineated flood hazard area as if said report were published in this section.
C. 
Any lot containing a floodway portion of a drainage course and on which it is proposed to regrade and/or construct an improvement shall not be permitted unless the proposed use is permitted by this chapter, plat approval has been granted, and a floodway permit has been issued by the New Jersey Department of Environmental Protection, Division of Water Resources where required by state regulations.
D. 
Any lot containing a flood fringe portion of the flood hazard area and on which it is proposed to regrade and/or construct an improvement shall not be permitted unless the proposed use is permitted by this section and until plat approval has been granted.
E. 
The procedure for reviewing any proposed regrading and/or construction shall be the same as set forth for plat review. No application shall be approved and no permit granted until all zoning violations have either been corrected or a variance granted.
F. 
Permitted uses in a flood fringe portion of the flood hazard area shall be restricted to the following, provided that they are permitted uses in the district in which the flood fringe portion is located.
(1) 
Agriculture: general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting.
(2) 
Industrial/commercial: yards, loading areas and parking areas.
(3) 
Recreation: golf courses, improved courts and playing fields, swimming areas, boat launching ramps, picnic and camping and open space uses such as hiking trails.
(4) 
Residential: lawns, gardens, parking areas and play areas.
G. 
The applicant shall submit maps, reports and other appropriate documents permitting the approving authority to evaluate whether the proposal has an inherent low flood damage potential; does not obstruct flood flows or increase flood heights and/or velocities; does not affect adversely the water-carrying capacity of any delineated floodway and/or channel; does not increase local runoff and erosion; does not duly stress the natural environment of the floodplain or degrade the quality of surface water or the quality and quantity of groundwaters; does not require channel modification or relocation; does not require fill or the erection of structures; and does not include the storage of equipment and materials.
H. 
Prior to any action by the approving authority on a plat involving a floodway or flood fringe area, a public hearing shall be set and conducted by the approving authority. Notice of the hearing shall be as required under § 550-25 entitled "Public hearings and notices" in Article III.
I. 
Upon reviewing the application, hearing the applicant's representation, hearing comments from the general public and other Township agencies to which the application was forwarded for comment, the approving authority shall deny, approve, subject to conditions, or approve the application. Its conclusions shall be based on findings related to the above criteria.
A. 
All lots where fill material is deposited shall have clean fill and/or topsoil deposited which shall be graded to allow complete surface draining of the lot into local storm sewer systems or natural drainage courses. No regrading of a lot shall be permitted which would create or aggravate water stagnation or drainage problems on-site or on adjacent properties or which will violate the provisions of the soil erosion and sediment control, soil removal and redistribution and floodplain provisions of this chapter. Grading shall be limited to areas shown on an approved subdivision. Any topsoil disturbed during approved excavation and grading operations shall be redistributed throughout the site.
B. 
All lots being filled shall be filled with clean fill and/or topsoil to allow complete surface draining of the lot into local storm sewer systems or natural drainage rights-of-way. No 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 site plan. Any topsoil disturbed during approved operations shall be redistributed throughout the site.
A homeowners' association may be established for the purposes of owning and maintaining common property designed within a development, provided that the Planning Board is satisfied that the homeowners' association will have a sufficient number of property owners to reasonably expect a perpetuation of the association in a manner enabling the association to meet its obligations and responsibilities. If established, a homeowners' association shall incorporate the following provisions:
A. 
Membership in the homeowners' association by all property owners shall be mandatory. Required membership and the responsibilities upon the members shall be in writing, between the association and each property owner, in the form of a covenant, with each agreeing to liability for his pro rata share of the association's costs.
B. 
The association shall be responsible for liability insurance, taxes, maintenance and any other obligations assumed by the association and shall hold the municipality harmless from any liability.
C. 
The assessment levied by the association upon each property owner may become a lien on each owner's property. The association shall be allowed to adjust the assessment to meet changing needs, and any deeded lands may only be sold, donated or conveyed to the municipality for public purpose(s).
D. 
The association shall clearly describe in its bylaws all the rights and obligations of each tenant and property owner, including a copy of the covenant, model deeds and other Articles of Incorporation of the association and the fact that every tenant and property owner shall have the right to use all common properties. These shall be set forth as a condition of approval and shall be submitted prior to the granting of final approval.
E. 
The Articles of Incorporation, covenants, bylaws, model deeds and other legal instruments shall ensure that control of the homeowners' association shall be transferred to the property owners based on a percentage of the dwelling units sold and/or occupied and shall clearly indicate that the municipality may perform such maintenance and repair work that may be required in the public interest where the association has not performed, with the costs being levied upon each property owner according to his pro rata share in the association and which may become a lien on the property.
Any lake constructed to provide waterfront lots for a residential development shall have a minimum area covered by water of at least five acres and an average depth of water of not less than four feet from May 1 to September 1 of each year.
All area lighting shall provide for lights focused downward, translucent fixtures and shielding or such other light orientation and shielding to prevent light spillage off the site. The light intensity provided at ground level shall be a minimum of 0.3 footcandle anywhere and shall average a maximum of 0.5 footcandle over the entire area. No light source shall exceed a height of 18 feet. For each fixture and lighted sign, the total quantity of light radiated above a horizontal plane passing through the light source shall not exceed 7.5% of the total quantity of light emitted from the light source. Any outdoor lighting shall be shown on the site plan in sufficient detail to allow determination of the effects at the property line and on nearby streets, driveways, residences and overhead sky glow. The objective of these specifications is to minimize undesirable off-site effects. No light shall shine directly into windows or onto streets and driveways in such a manner as to create a nuisance or interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, light shielding and similar characteristics shall be subject to site plan approval.
A. 
Lot dimensions and area shall not be less than the requirements of the zoning provisions as set forth in Article VI and in the Zoning Schedule of Limitations[1] of this chapter.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
B. 
Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.
C. 
Each lot must front upon an approved, paved street with a right-of-way of at least 50 feet.
D. 
Through lots with frontage on two streets will be permitted only under the following conditions:
(1) 
Where the length of the lot between both streets is such that future division of the lot into two lots is improbable.
(2) 
Access shall be to the street with the lower traffic function, and the portion of the lot abutting the other street shall be clearly labeled on the plat and in any deed that street access is prohibited.
E. 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line; and all setbacks shall be measured from such line.
F. 
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formation, flood conditions or similar circumstances, the approving authority may, after adequate investigation, withhold approval of such lots.
Natural features, such as trees, brooks, swamps, hilltops and views, shall be preserved whenever possible. On individual lots or tracts of land in excess of 30 acres, the applicant shall provide the Planning Board with a forest management study or report. Care shall be taken to preserve selected trees, as recommended by the Planning Board, to enhance soil stability and the landscape treatment of the area.
A. 
Access to lots with more than 10 spaces. For lots with more than 10 spaces, there shall be a maximum of two access drives to any street, with their center lines spaced at least 56 feet apart, with no more than two lanes of traffic each and with their center lines at least 30 feet from any property line. When the property along a street exceeds 500 feet in length, one access drive may be permitted from each 250 feet of frontage. Driveways with widths exceeding 24 feet shall be approved by the Planning Board, giving consideration to the width, curbing, traffic flow, radii of curves and traffic land divider.
B. 
Access to loading and parking spaces. Individual spaces shall be served by interior driveways and be designed for vehicle access without requiring the moving of any other vehicle. Spaces shall not have direct access from public streets or major interior drives and roads.
C. 
Buffers. All loading areas and parking lots with more than 10 spaces shall be buffered from adjoining streets, existing residential uses and residential zoning districts in accordance with the buffer section of this chapter.[1]
[1]
Editor's Note: See § 550-36 herein.
D. 
Curbing. All parking lots with more than 10 spaces and all loading areas shall have concrete or Belgian block curbing around the perimeter of the parking and loading areas in conjunction with an overall drainage plan. Curbing shall be either depressed at the driveway or have the curbing rounded at the corners with the access drive connected to the street in the same manner as another street. Curbing between vehicular and pedestrian ways shall be designed with periodic ramps from the street or parking grade to the sidewalk which shall be no less frequent than one every 65 feet and located in accordance with a pedestrian circulation plan.
E. 
Dimensions.
(1) 
Off-street parking spaces shall be dimensioned in accordance with the following schedule, except that a minimum of one space but not more than 5% of all spaces shall be a minimum of 12 feet wide, located in one area, designated as parking for the handicapped and located so that access does not require wheeling or walking behind parked cars.
Angle of Parking Space
One-Way Aisle
(feet)
Two-Way Aisle
(feet)
90°
25
25
60°
20
22
45°
18
20
30°
15
18
Parallel
12
18
(2) 
Off-street loading spaces shall have 15 feet of vertical clearance and be designed in accordance with the following schedule:
Loading Space
Apron Length
Length
(feet)
Width
(feet)
90 degrees
(feet)
60 degrees
(feet)
60
10
72
66
60
12
63
57
60
14
60
54
(3) 
Each off-street parking space shall measure not less than 10 feet by 18 feet or nine feet by 20 feet, exclusive of access drives and aisles, except that parallel curb parking spaces shall be eight feet by 23 feet. Where this chapter requires more than 50 parking spaces for any use or combination of uses in single and separate ownership, up to 10% of the spaces may be as small as eight feet by 16 feet and shall be indicated as being reserved for compact cars.
F. 
Storm drainage. All parking and loading areas shall be drained in accordance with good engineering practice as approved by the Township Engineer. Where subbase conditions are wet, springy or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least six to 12 inches below the proposed finished grade and filled with a suitable subbase material as determined by the Township Engineer. Where required by the Engineer, a system of porous concrete pipe subsurface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material shall be applied.
G. 
Surfacing shall be approved as part of the site plan approval.
(1) 
Areas of ingress and egress, loading and unloading areas, major interior driveways and aisles and other areas likely to experience similar heavy traffic shall be paved with not less than four inches of compacted base coarse of plant-mixed bituminous stabilized base coarse constructed in layers not more than two inches compacted equals thickness or equivalent and prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey Department of Transportation Standard Specifications for Roads and Bridge Construction (1961) and amendments thereto. A minimum two-inch thick compacted wearing surface of bituminous concrete (FABC) or equivalent shall be constructed thereon in accordance with Division 3, Section 10, of the New Jersey Department of Transportation Specifications and amendments thereto.
(2) 
Parking space areas and other areas likely to experience light traffic shall be paved with not less than three inches of compacted base concrete of plant-mixed bituminous stabilized base coarse or equivalent, prepared and constructed in accordance with Division 3, Section 2A of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction (1961) and amendments thereto. At least 1 1/2 inches compacted wearing surface of bituminous concrete (FABC) or equivalent shall be constructed thereon in accordance with Division 3, Section 10, of the New Jersey Department of Transportation Specification and amendments thereof.
(3) 
Single-family dwellings on lots of 1/2 acre or less shall provide a paved parking area which may be a driveway. Single-family dwellings on lots larger than 1/2 acre shall not be required to have paved driveways unless an unpaved surface would be inappropriate due to topography. (See § 550-43 for additional standards.)
H. 
Landscaping. Landscaping in all loading areas and in and around parking lots for 10 or more vehicles shall be shown on a landscaping plan. Trees shall be staggered and/or spaced so as not to interfere with driver vision at intersections of driveways and streets and at the ends of parking rows, shall have branches no lower than six feet and shall number at least one tree for every 20 parking spaces. All areas between the parking area and the building shall be landscaped. All landscaped areas within the parking lot or loading area shall be protected by concrete or Belgian block curbing. Any plantings which do not live shall be replaced within one year or one growing season. A majority of the parking area shall be obscured from public streets by buildings, landscaped berms, natural ground elevation or plantings, singularly or in combination.
I. 
Minimum loading requirements. Adequate off-street loading and maneuvering space shall be provided for every use based on the following schedule. Those uses not listed shall provide sufficient spaces as determined under site plan review.
(1) 
There shall be a minimum of one space per use. Where more than one use is located in a building or where multiple uses are designed as part of a shopping center, industrial complex or similar self-contained complex, the number of loading spaces shall be based on the cumulative number of square feet within the building or complex, shall be dispersed throughout the site to best serve the individual uses and shall be part of site plan approval.
(2) 
There shall be a minimum of one trash/garbage pickup location located either within or outside a building in steel-like, totally enclosed container(s), located and screened to be obscured from view from parking areas, streets and residences. If located within a commercial or industrial building, the doorway(s) may serve both the loading and trash/garbage collection functions. If located outside the building, it may be located adjacent to or within the loading area(s), provided that the container(s) in no way interfere with or restrict the required loading functions.
(3) 
Number of loading spaces required.
[Amended 10-28-2014 by Ord. No. 22-2014]
Type
Minimum Number of Spaces*
Gross Floor Area at Which First Berth is Required*
Gross Floor Area at Which Second Berth is Required
Number of Additional Square Feet for Each Additional Berth
Assembly operations
1
5,000
40,000
30,000
Bar
1
10,000
25,000
20,000
Bowling alley
1
10,000
100,000
100,000
Car wash
0
10,000
100,000
100,000
Community center
0
None required
Doctor's/dentist office in home
0
10,000
N/A
N/A
Farm
0
None required
Fiduciary institution
0
10,000
100,000
100,000
Gymnasium
0
None required
Home occupation
0
None required
Hotel
1
House of worship
0
None required
Industrial
1
5,000
40,000
30,000
Library
0
None required
Lumberyard
1
10,000
25,000
20,000
Manufacturing
1
5,000
40,000
30,000
Medical center
0
10,000
100,000
100,000
Motel
1
Motor vehicle dealership
1
Motor vehicle repair
0
None required
Museum
1
N/A
N/A
N/A
Nightclub
1
10,000
25,000
20,000
Offices
1
10,000
100,000
100,000
Park
0
None required
Pool
0
10,000
100,000
100,000
Receiving
1
5,000
40,000
30,000
Research
1
5,000
40,000
40,000
Restaurant
1
10,000
25,000
20,000
Retail store
1
10,000
20,000
20,000
School
1
N/A
N/A
N/A
Service station
0
None required
Shipping
1
5,000
40,000
30,000
Shopping center
1
10,000
40,000
40,000
Storage area
1
5,000
40,000
30,000
Tennis courts
0
None required
Theater
0
None required
Truck sales
1
10,000
40,000
40,000
Utilities
0
10,000
100,000
100,000
Veterinary clinic
1
Warehouse
1
5,000
40,000
30,000
NOTE:
* The minimum number of spaces shall prevail for uses that have not attained the gross floor area where the first space is required.
(4) 
Where a tract has at least 25 acres and no portion of a loading area, including maneuvering areas, is closer than 200 feet to any property line and where the length of the driveway connecting the loading area to the street is at least 300 feet long, the number of off-street loading spaces may be less than the number required by the above schedule, provided that the applicant shall document on his site plan how the number of spaces to be provided will be adequate to meet the needs of the specific use.
J. 
Minimum parking requirements. The number of parking spaces for all residential uses shall be provided in accordance with the Residential Site Improvements Standards (N.J.A.C. 5:21-1.1 et seq.) Parking for nonresidential uses shall be determined by the amount of gross floor area as defined in this chapter or such other measure as noted below. Where a particular function contains more than one use, the minimum parking requirements shall be the sum of the component parts.
[Amended 10-28-2014 by Ord. No. 22-2014]
Type of Use
Number of Spaces Required
Assembly operations
1 per 800 square feet GFA
Bar
1 per 2 seats
Bowling alley
4 per alley
Car wash
10 per washing lane
Community center
Minimum of 20, plus spaces for offices as outlined below
Doctor's/dentist's office in home
1 per 200 square feet GFA but not less than 6
Farm
2
Financial institutions
1 per 250 square feet GFA
Gymnasium
To be determined at site plan review
Home occupation
Minimum of 2, plus 2 per employee
Hotel
1.5 spaces per guest room, plus 1 space per 100 square feet of gross floor area for banquet room(s), meeting/conference room(s), and restaurant space
House of worship
1 per 3 seats; 5 per 1,000 square feet of gross floor area where seating is not provided
Industrial
1 per 800 square feet GFA
Library
1 per 300 square feet GFA
Lumberyard
1 per 5,000 square feet gross yard area
Manufacturing
1 per 800 square feet GFA
Medical center
1 per 150 square feet GFA; minimum of 10
Motel
1 space per guest room plus 1 space per employee
Mortuary
10 per viewing room and chapel; minimum of 30
Motor-vehicle dealership
1 per 300 square feet of showroom area and sales office
Motor-vehicle repair
4 per bay and work area
Museum
1 per 600 square feet
Nightclub offices
1 per 3 seats
Buildings up to 50,000 square feet of floor area
4.5 per 1,000 square feet of floor area
Buildings having a total square footage of floor area from 50,000 to less than 100,000 square feet
4 per 1,000 square feet of floor area
Buildings having greater than 100,000 square feet of floor area
3.5 per 1,000 square feet of floor area
Park
As approved on site plan
Pool (community)
1 per 15 square feet water surface area
Receiving
1 per 5,000 square feet GFA
Research
1 per 1,000 square feet GFA
Restaurant
1 per 3 seats; 1 per 30 square feet GFA in quick-food restaurants
Retail store school:
1 per 150 square feet GFA
Elementary
1.2 per classroom but not less than 1 per teacher and staff
Intermediate
1.5 per classroom but not less than 1 per teacher and staff
Secondary
2.5 per classroom, plus 1 for each 8 pupils in 11th and 12th grades
Service station
4 per bay and work area
Shipping
1 per 5,000 square feet GFA
Shopping center*
Centers containing less than 400,000 square feet of floor area
4 per 1,000 square feet of floor area
Centers containing between 400,000 and 600,000 square feet of floor area
4.5 per 1,000 square feet of floor area
Centers containing more than 600,000 square feet of floor area
5 per 1,000 square feet of floor area
Storage areas
1 per 5,000 square feet GFA
Tennis courts, handball, racquetball or similar activities
3 per court
Theater
1 per 3 seats; 1 per 4 seats in shopping center
Truck sales
1 per 300 square feet show room area & sales office
Utilities
1
Veterinary clinic
3 per examination room
Warehouse
1 per 5,000 square feet GFA
NOTE:
* A maximum of 20% of GFA can be office use without additional parking for the office use. Office use above 20% shall require parking at the appropriate rate.
GFA = Gross floor area
K. 
Location of parking and loading areas.
(1) 
No off-street loading and maneuvering areas shall be located in any front yard nor require any part of a street.
(2) 
Loading spaces shall abut the building being served and be located to directly serve the building for which the space is being provided.
(3) 
No loading and parking spaces shall be located in any required buffer area.
(4) 
Parking spaces for apartments/townhouses and for commercial/industrial uses shall be within 150 feet and 300 feet, respectively, of the entrance of the building being served.
(5) 
No parking shall be permitted in designated fire lanes, streets, driveways, aisles, sidewalks or turning areas, except for driveways to single-family dwellings.
(6) 
Parking spaces for shopping centers and retail uses may be located in any yard as designated for individual structures but no closer than 25 feet to any public road right-of-way and no closer than 15 feet to any private or interior traveled way.
(7) 
For uses other than retail sales or residential uses, no parking shall be located within the permitted front yard setback pursuant to the applicable zone. This section shall not be construed to prohibit parking within the permitted front yard setback for any retail or residential uses.
(8) 
No parking or maneuvering area in any nonresidential zone shall be located any closer than 15 feet to any rear yard line or side yard line, in accordance with the applicable zone.
L. 
Commercial and recreational vehicles in residential zones.
[Amended 3-25-2008 by Ord. No. 11-2008]
(1) 
Farm vehicles and other farm equipment used on a farm qualifying for a farmland assessment, panel or pickup trucks having a maximum carrying capacity of one ton for the personal use of the property owner and camping or other recreational vehicles for the personal use of the property owner are hereby permitted in any residential zone.
(2) 
One commercial vehicle with a gross vehicle weight not to exceed 14,500 pounds and/or a commercial trailer not to exceed 22 feet in length may be maintained in a residential zone.
(a) 
Screening shall consist of wood fencing from six to eight feet in height or evergreen trees no lower than eight feet in height appropriately screening the vehicles parked therein. Said screening shall be set back from the public road and be even either with the front of the building or the front yard setback requirements in that particular zone, whichever is the greater setback. Said screening shall be installed within 30 days of the effective date of the chapter.
(b) 
The commercial vehicle must be owned, leased or used actively by the resident of the premises.
(c) 
Storage space for commercial vehicles on residential property shall not cover more than 50% of the land available for parking under the provisions of this chapter.
(d) 
Vehicles must be kept in good condition, and no unsightly or offensive conditions may be maintained on the property.
(e) 
Noise.
[1] 
School buses and any commercial vehicle that uses equipment that emits noise, such as generators or refrigeration equipment, are prohibited.
[2] 
Noise levels subject to Volume I, Code of the Township of Mount Olive, Chapter 266, Noise.
(f) 
Properties which were registered with the Township in conformance with Township Council resolution memorialized on October 14, 1975, to allow the continuance of parking more than one commercial vehicle in conformance with Ordinance No. 22-75 are considered to be preexisting nonconforming uses.
A. 
Purpose. It is the purpose of this section to promote the public health, safety and welfare of the citizens of the Township of Mount Olive by providing for the control, regulation, maintenance, cleanliness and preservation of parking and accessory areas provided for or required in connection with any subject premises as herein defined.
B. 
Traffic and parking control standards. In accordance with the approved site plan or as otherwise determined by the Township Engineer for the promotion of the purposes stated herein or the purposes of other applicable ordinances or statutes, the following standards are established:
(1) 
Fire lanes shall be established and maintained in the parking area at the front, side and rear of all buildings and structures on a subject premises and shall be properly painted and marked as such. Vehicular parking and standing are prohibited in a fire lane, except that a commercial enterprise may use the fire lane adjacent to it as a pickup station for its customers' use, provided that such activity does not cause a traffic hazard and that the Township Council grants its approval for such use of the fire lanes.
(2) 
Traffic lanes for the control and regulation of automobile, truck, bicycle and other vehicle and pedestrian flow in the parking area shall be established and maintained and properly delineated through the use of pavement markings, signs or median strips.
(3) 
Parking lines for parking spaces shall be established and maintained in the parking area and shall be properly painted and marked as such.
(4) 
Provision shall be made on a subject premises for the parking of bicycles and motorbikes.
(5) 
Parking spaces in the parking area shall be set aside and designated for handicapped persons, and ramp facilities shall be provided where necessary.
(6) 
Provision shall be made for the safe movement of pedestrians while in the parking area or accessory area through the use of walkways, medians and crosswalks.
(7) 
Curbing and traffic barriers or islands shall be built where necessary and maintained so as to enforce desired traffic patterns within the parking area. Where possible, traffic islands shall contain vegetation and landscaping conducive to growth in a parking area environment.
(8) 
Stop signs, flashing signals or yield signs shall be erected at entrance or exit locations to a parking area or at intersections within the parking area where required for traffic safety.
(9) 
Signs regulating parking, traffic flow and speed limits on a subject premises shall be erected.
C. 
Maintenance regulations. Any holder of a subject premises shall comply with the following regulations:
(1) 
All roads, sidewalks, driveways and parking areas used in connection with a subject premises must be kept in proper repair, free from potholes, free from dirt where paved and free from refuse, snow and ice, except that snow may be piled on the subject premises so long as it does not interfere with the internal circulation and parking of the parking area and does not hinder driver vision when entering or leaving the subject premises.
(2) 
A Subject premises must be kept free and clear of ashes, dirt, debris, rubbish, garbage, refuse and other obstructions and must be kept properly repaired and maintained.
(3) 
Fire lanes, traffic lanes and parking lines for parking spaces, where required, shall be maintained and properly painted and marked so that such lanes and lines will be clearly visible to vehicle operators and pedestrians.
(4) 
Because of the traffic and safety hazard resulting from the random leaving of shopping carts in parking and accessory areas by persons, holders which provide shopping carts for their customers and allow their customers to remove such carts from their store premises are required to take whatever steps are necessary to ensure that such carts are not left in parking or accessory areas after use by such customers. Shopping cart collection stations may be used in a parking area, provided that such stations do not create a traffic hazard, are kept free of snow and ice and are frequently policed by the store's employees so that the capacity of the stations is not exceeded. Failure of a holder to remove its cart from a parking or accessory area, other than from a cart collection station with sufficient capacity, for more than 30 minutes after use by a customer shall constitute a violation of this section by such holder.
(5) 
All prescribed lights on a subject premises must be kept in proper working order and lighted during the lighted period when the subject premises or any portion thereof is being used by the holder or the subject premises or any portion thereof is open for business. The authorized official may require the holder of any subject premises to reduce outdoor lighting after business hours.
(6) 
All fences, signs, screening, curbing, traffic barriers and islands, grass, trees, shrubbery, landscaping, retaining walls, slopes and other space used in connection with a subject premises must be maintained and/or repaired.
(7) 
All water drains and water drainage systems used in connection with a subject premises must be kept clean and in proper working order.
(8) 
All stormwater retention ponds and systems related thereto, used in connection with a subject premises, shall be maintained in proper working condition.
(9) 
All exterior areas on a subject premises must be kept free and clear of the storage of goods, wares and merchandise unless otherwise permitted by the authorized official. Loading and unloading are to be done in designated zones only.
(10) 
All refuse and rubbish must be stored in a designated place or places in proper garbage receptacles which shall be screened from public view by fencing or other appropriate techniques.
(11) 
There shall be, at convenient places for use by public, proper trash receptacles which shall be sufficiently serviced to prevent overflow.
(12) 
Facilities for the parking of bicycles and motorbikes on a subject premises and parking spaces and related ramp facilities for handicapped persons shall be maintained and properly designated.
(13) 
Any deterioration of the exterior of any building on a subject premises with respect to painted surfaces, siding, roofing, brickwork, mortar joints, signs, copings, overhangs, porches or other appendages, entrance or exit doors, display windows or any other part of the building exterior where such deterioration constitutes a hazard to the public would cause significant and serious damage to the structure itself or is unsightly and aesthetically detrimental to the subject premises or any property near the subject premises must be repaired or corrected within 90 days of notice from the Township to make such repairs; provided, however, that such 90 days may be extended by the Township due to inclement weather conditions or other conditions beyond the control of the holder.
D. 
Violations and penalties. Any person or persons violating the provisions of this section shall be punished by a fine not to exceed $500 or imprisonment for a term not to exceed 90 days, or both.
E. 
Vehicle and traffic control. The following vehicle and traffic control regulations shall be applicable to all users of a parking area:
(1) 
No vehicle shall be driven or propelled within a parking area, as defined herein, in excess of 15 miles per hour.
(2) 
No person shall park or stand a motorized vehicle:
(a) 
Within a fire lane.
(b) 
Within a traffic lane.
(c) 
On a sidewalk.
(d) 
In an area or space posted as a no-parking zone.
(3) 
All persons using a parking area shall obey all traffic control devices, including stop signs, flashing signals, yield signs, directional signs and entrance and exit signs contained in such parking area.
(4) 
Where parking spaces are designated in a parking area, the parking and standing of vehicles shall only be permitted within such parking spaces.
(5) 
Where parking spaces are designated as "Reserved for Handicapped Persons," no person except those legally authorized to do so shall stand or park a motorized vehicle.
A. 
Electricity. Electrical/electronic equipment shall be shielded and/or filtered to the maximum extent possible, consistent with the rules and regulation of the Federal Communications Commission, to minimize any interference with radio or television reception beyond the operator's property.
B. 
Glare. No use shall direct or reflect a steady or flashing light beyond its lot lines. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered and directed as approved on the site plan so that any glare, direct light or reflection will not interfere with the normal use of nearby properties, dwelling units and streets.
C. 
Air, water and environmental considerations. No use shall emit heat, odor, vibrations, noise or any other pollutant into the ground, water or air that exceeds the most stringent, applicable state and federal regulation. There shall be no indiscriminate cutting of trees, and the developer shall erect snow fencing at the drip line of trees, to remain prior to commencing construction.
D. 
Storage and waste disposal. 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. All materials or wastes which might create a pollutant or hazard shall be enclosed in appropriate containers to eliminate such pollutant or hazard. No flammable or explosive substance shall be stored on a property except under conditions approved by the Fire Marshal and the New Jersey Department of Labor and Industry.
All public services shall be connected to an approved public utilities system where one exists.
A. 
The developer shall arrange with the servicing utility for the underground installation of the utilities distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners.
B. 
The developer shall submit to the approving authority, prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance or intended full compliance with the provisions of this section; provided, however, that lots which abut existing streets where overhead electric and telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground. In the case of existing overhead utilities, should a road widening or an extension of service or other such conditions occur as a result of the development and necessitate the replacement, relocation or extension of such utilities, such replacement, relocation or extension shall be underground.
C. 
Where natural foliage is not sufficient to provide year-round screening of any utility apparatus appearing above the surface of the ground, other than utility poles, the applicant shall provide sufficient live screening to conceal such apparatus year-round.
D. 
On any lot where, by reason of soil conditions, rock formations, wooded area or other special conditions of land, the applicant deems it a hardship to comply with the provisions of this section, the developer may apply to the approving authority for an exception from the terms of this section in accordance with the procedure and provisions of § 550-16, entitled "Exceptions," in Article III. Where overhead lines are permitted as the exception, the alignments and pole locations shall be carefully routed to avoid locations along horizons and to avoid the clearing of swaths through treed areas by selective cutting and a staggered alignment, by planting trees in open areas at key locations to minimize the views of the poles and alignment and by following rear lot lines and other interior locations and similar design and location considerations to lessen the visual impact of overhead lines.
E. 
Any installation under this section to be performed by a servicing utility shall be exempt from requiring performance guaranties but shall be subject to inspection and certification by the Township Engineer.
F. 
If a sewage treatment and distribution system is accessible, the developer shall construct facilities in such a manner as to provide adequate sewerage within the development to transport all sewage from each lot and the total development to said collection and treatment system. Where a treatment and collection system is part of the adopted Township capital improvements program and said system will be accessible to the proposed development, the developer shall install dry sewers designed to tie into the proposed facility upon its completion.
G. 
Any sanitary sewer collection system shall be adequate to handle all present and probable future development. Alignments outside streets shall require easements or rights-of-way in accordance with the section entitled "Easements" in this article.[1]
[1]
Editor's Note: See § 550-43 herein.
H. 
Any treatment plant and collection system, including individual on-lot septic systems, shall be designed in accordance with the requirements of the State Department of Environmental Protection and Energy and Township ordinances.
[Amended 5-9-2000 by Ord. No. 15-2000]
A. 
Purpose. It is the intent of this section to license and regulate quarries for the protection of persons and property and for the preservation of the public health, safety and welfare of the Township and its inhabitants and to ensure that quarrying operations shall be conducted in such a manner as to create a minimum of annoyance from noise and dust to nearby owners or occupants of property; to provide for the safety of persons, particularly children; and, further, to ensure that the quarried area shall be suitably and reasonably rehabilitated after quarrying operations have been completed or otherwise terminated.
B. 
License required. It shall be unlawful for any person to conduct the business of quarrying within the Township without first having obtained a license therefor in accordance with this section.
C. 
Application for license. Applications for licenses required by this section shall be made upon forms provided by the Township Clerk and shall be signed and verified by the applicant, setting forth or accompanied by the following information:
(1) 
The name and address of the applicant, if an individual; the name, residence and business address of each partner, if a partnership; the name, date and state under which organized, if a corporation, and if a foreign corporation, whether the same is authorized to do business in the State of New Jersey (corporate applicants shall indicate the names of directors, principal officers and local representatives, their residences and business addresses).
(2) 
A legal description of the premises where the business is to be conducted and a map of the premises prepared by an engineer or land surveyor licensed in the State of New Jersey, showing the entire tract involved, all roads or buildings within 500 feet thereof, existing and proposed final contours of the land involved and adjoining lands, contours to be created by the quarrying operation at twenty-foot intervals and all brooks, streams or bodies of water on the tract involved and within 500 feet therefrom.
(3) 
All federal, state and county permits, including but not limited to New Jersey Department of Environmental Protection stream encroachment, freshwater wetlands, groundwater discharge, and water allocation/diversion permits and certification by the Morris County Soil Conservation District.
(4) 
Data relative to the ownership of the tract involved, and any interest of the applicant, its officers, directors or shareholders in adjoining property shall be submitted with the application. In the event that the applicant is not the owner, written consent of the owner must be furnished with the application.
(5) 
Plans and specifications indicating places where quarrying is to be conducted, all entrances or exits to the tract involved, fences, gates or buildings erected or to be erected, equipment used or to be used in the operation and a narrative describing the method of operation.
(6) 
The hours during which the quarry will be operated.
(7) 
Certificates of insurance attached to the application evidencing liability insurance coverage in amounts of not less than $1,000,000 for personal injury, including death (for each person or each occurrence), and $300,000 for property damage.
(8) 
An aerial photograph of the site for the initial license and one every two years thereafter in sufficient detail to show clearly the perimeter of quarry operations, internal roadways, portable equipment, parking areas and similar features. The photo shall be marked to show quarry operations boundaries and buffer zones.
D. 
Operation and reclamation of the site. Prior to approval of any application, a plan for the reclamation of the site shall be submitted to the Township Clerk and referred to the Planning Board for a recommendation in accordance with the provisions of N.J.S.A. 40:55D-26b. The Planning Board shall make its recommendations following a public hearing as provided in this chapter. The reclamation plan shall, in addition to showing the ultimate plans therefor, indicate measures to be taken during the course of quarrying operations which will lead to reclamation of the site and shall include the following:
(1) 
Quarry operation plan. A plan shall be submitted for review and approval prior to issuance of an annual license to operate a quarry operation showing the area of disturbance for the succeeding twelve-month period. The area of disturbance shall be limited to a maximum of 20 acres, either contiguous or cumulative noncontiguous sections within the quarry operations site. No work outside the approved area of disturbance except for mitigation or reclamation shall be permitted. Upon a demonstration of need by the quarry operator and only with a favorable recommendation by the Planning Board issued pursuant to a public hearing, this restriction may be relaxed to permit a greater amount of disturbance within a twelve-month period; however, no more than one-third of the gross land area of the entire quarry operations shall be in production or disturbed within the twelve-month period. The applicant shall be required to provide notice in accordance with the provisions of N.J.S.A. 40:55D-12 for all public hearings.
(2) 
The following shall be a prerequisite for the approval of an annual operations plan:
(a) 
Quarry operator shall provide an estimate of the total volume of product to be removed within the twelve-month period. As a condition of license renewal, an annual report shall provide documentation of the total volume of product removed on a comparative basis to the initial estimates.
(b) 
An operations plan shall be required on an annual basis, prepared by a professional engineer or land surveyor licensed to practice in the State of New Jersey, showing the existing and proposed contours and elevations, existing and proposed surface waters, areas to be cleared of existing vegetation and proposed stockpile areas.
(c) 
Certification that all necessary permits have been secured and are current, including but not limited to those required of the New Jersey Department of Environmental Protection and the Morris County Soil Conservation District.
(d) 
Method of dust control, both on-site and off-tract.
(e) 
Full description of on-site changes anticipated during the next 12 months and projected date of submission of final reclamation plan application. Said description shall be in narrative form describing both quarry operations and the incidental activities associated therewith. The narrative shall be binding upon the applicant, and a substantial deviation from the narrative shall constitute a violation of this chapter. The applicant shall have the right to request an amendment to the twelve-month plan as presented in the narrative document. It will be the applicant's responsibility to demonstrate the need for the change. The Planning Board shall conduct a public hearing to consider testimony from the applicant and shall offer its recommendation to the Township Council. Any amendment to the annual plan shall constitute a modification of the license to operate which shall be subject to approval by the Township Council.
E. 
Interim restoration plan. A restoration plan must be submitted for review and approval in conjunction with an annual operations plan. The restoration plan shall contain the following information:
(1) 
Slope stabilization detail.
(2) 
Method for restoration of disturbed areas not in active use or outside the approved area of disturbance pursuant to the quarry operation plan, including elevations and contours for infill, depth and total area of surface waters and new vegetation, including ground cover and plantings.
(3) 
Wherever practicable, provisions shall be made for grading of all perimeter slopes for the quarry site to a rolling topography not to exceed a three-to-one slope. Slopes within the interior excavation pits shall not exceed 45° during the active phase of operations. Upon completion, all slopes, interior and perimeter, shall not exceed a three-to-one slope consistent with the final reclamation plan. The applicant may request an exception to the slope requirement to allow a two-to-one configuration where it can be demonstrated that the modification presents a superior design, will not result in any danger to the general public's health, safety and welfare and will not result in erosion of the slope(s) in question. Any deviation from the three-to-one slope requirement shall be based upon a favorable recommendation from the Township Engineer.
(4) 
Where topsoil has been removed, provisions shall be made for the setting aside and retention on the premises of sufficient arable soil to be distributed over the premises to a depth capable of supporting vegetation. Where final contours are of such slope as to make the replacement of topsoil impractical, such slopes shall be planted with rootable plant material in sufficient number and of sufficient size to minimize erosion.
(5) 
Provision shall be made for reasonable portions of initial or existing quarrying operations to be reclaimed prior to the opening of new areas. To the extent practicable, the reclamation plan shall make provisions for simultaneous quarrying and reclamation.
(6) 
Provision shall be made for adequate drainage during quarrying operations and after termination of the same.
(7) 
Provision shall be made for lateral support slopes and grades abutting streets and lands during quarrying operations and after termination of the same.
(8) 
Provision shall be made to limit adverse impact upon groundwater resources and surface waters, including ponds, lakes and rivers.
(9) 
Restoration shall be a continuous process, and each portion of the parcel shall be restored such that ground cover be established within two years and tree cover established within three years after resource extraction is completed for each portion of the site mined.
(10) 
Sufficient topsoil shall be replaced to support vegetative cover. All topsoil removed shall be stockpiled and used for the next area to be restored unless it is immediately reused for reclamation that is currently underway. Any off-site fill material used in the restoration process shall be certified by the person(s) responsible for the preparation of the interim restoration plan and/or the final reclamation plan to be free of any contaminates. Said certification shall consist of an accredited laboratory report or other documentation as the Planning Board and/or the Township Council deem appropriate.
(11) 
The interim restoration plan shall remain in effect until approval of a final restoration plan in accordance with Subsection G of this section.
(12) 
A copy of the reclamation plan and any amendments or revisions thereof shall be filed with the Township Clerk and the Department of Planning.
F. 
Prohibited uses. At no time shall the quarry site be utilized for the purposes of, or the storage for, either on a temporary or permanent basis, any operation or materials not directly related to the principal use of the site. Expressly prohibited are the following: sanitary landfill; hazardous waste material; and stump burial.
G. 
Final reclamation plan.
(1) 
The final reclamation plan shall adhere to the following standards:
(a) 
All restored areas shall be graded so as to conform to the approved final reclamation plan. Grading techniques that help to control erosion and foster revegetation shall be utilized. The slope of surface of restored surfaces shall not exceed one foot vertical to three feet horizontal design; however, the applicant may request to have a two-to-one slope where it can be demonstrated that the modification presents a superior design, will not result in any danger to the general public's health, safety and welfare and will not result in erosion of the slope(s) in question. Any deviation from the three-to-one slope requirement shall be based upon a favorable recommendation from the Township Engineer.
(b) 
Drainage flows, including direction and volume, shall be restored to the maximum extent possible as stipulated in the final reclamation plan.
(c) 
All equipment, machinery and structures, except for structures that are useable for recreational purposes or any other use authorized in the area, shall be removed within six months after the resource extraction operation is terminated and restoration is completed.
(2) 
The final reclamation plan shall be updated on a four-year cycle. It shall contain the following information:
(a) 
Survey of entire quarry operations site pursuant to Subsection C(2).
(b) 
Proposed final elevations and contours. All finished grades except those areas affected by a lake(s) as part of the final reclamation plan as provided in Subsection G(2)(e) below must provide a minimum cover of five feet above the static water level as measured upon permanent cessation of all quarry operations.
(c) 
Depth and total area of existing surface waters.
(d) 
Potential use in accordance with the Township Master Plan and Land Use Ordinance.
(e) 
If a permanent lake(s) is proposed as part of the final reclamation plan, a plan shall be prepared by a qualified hydrogeologist and/or a qualified limnologist in conjunction with a licensed professional engineer. Any lake(s) proposal shall provide details for public access, parking and general amenities if public access is required as part of the proposed use. Design of slope for any lake(s) shall provide for maximum safety and shall be subject to review and approval by the Township Engineer.
H. 
Performance bond. Prior to approval of any application for a license, the applicant shall submit a performance bond with adequate surety to assure compliance with restoration measures and reclamation of the site of operations pursuant to the provisions of Subsection E above and in accordance with the following standards:
(1) 
The form of the performance bond in the form of 10% cash and 90% surety shall be subject to approval by the Township Attorney and shall be in such amount as may be approved by the Township Council. The amount of the performance bond shall be sufficient to implement the objectives of the interim restoration plan as provided in Subsection E of this section and to stabilize all disturbed areas within the quarry by providing a five-foot minimum layer of fill material and topsoil above the static water level on the site.
(2) 
The surety thereon shall be a recognized surety company authorized to do business in the State of New Jersey and approved by the Township Council. In lieu of a corporate surety, the applicant may assign to the Township a savings account in the amount of the bond as aforesaid and in such form as approved by the Township Attorney.
(3) 
Periodic inspections shall be made by the enforcement officer to evaluate the performance of the applicant with respect to reclamation procedures. A report of his findings shall be submitted on a quarterly basis to the Township Council.
(4) 
At the request of the applicant, the amount of the performance guaranty shall be adjusted annually, provided that the basis therefor is substantiated by said applicant.
(5) 
The performance guaranty shall remain in full force and effect during the entire period that quarrying operations are conducted and until completion of reclamation after termination of the same, Upon completion of all operations, a two-year maintenance bond shall be posted to ensure completion of the final reclamation plan. The amount of said bond shall be determined on the basis of the scope of the final reclamation plan and approved by the Township Engineer as to the scope of work and accuracy of cost estimates.
I. 
Enforcement officer. The enforcement officer, for purposes of this section, shall be the Township Planner or the Township Engineer or a designated agent for same.
J. 
Regulation of operation.
(1) 
Quarrying may be conducted only from Monday through Saturday, between the hours of 7:00 a.m. and 6:00 p.m., prevailing time, except:
(a) 
Quarrying shall not be conducted for a period in excess of nine gross hours per day.
(b) 
No quarrying shall be conducted on Sundays.
(2) 
All drilling must be done by the wet drilling method or by any other method of equivalent effectiveness for dust control.
(3) 
All roads or traveled rights-of-way within the licensed premises must be treated with water or calcium chloride in order to reduce the accumulation and dissemination of dust. Calcium chloride must be applied at least once every 10 days at an application rate of approximately 1.5 pounds per square yard, during the period of March 1 to November 15 of each year. If dust is controlled by the use of water, it shall be placed a minimum of three times every 10 days, unless otherwise directed by the Township Engineer. All access points intersecting with public streets shall be paved in accordance with Township standards with a minimum paved surface of 50 feet as measured from the right-of-way line to the interior of the site.
(4) 
No quarrying shall be permitted which will endanger the lateral support of abutting properties. A minimum leveled (or natural) buffer area of 100 feet shall be provided between any quarry boundary line and the commencement of the slope. The applicant may request, as part of the annual operations plan, authorization to continue operations where same exists closer than 100 feet to any quarry boundary line; however, under no circumstances will operations be permitted within 50 feet of said boundary. Authorization to work within the one-hundred-foot setback shall be permitted only upon the favorable recommendation of the Planning Board to the Township Council and only where it can be demonstrated that the modification is essential to the operations of the quarry, that it will not result in any danger to the general public's health, safety and welfare and will not result in erosion of the slope(s) in question. Any deviation from the setback standard shall be based upon a favorable recommendation from the Township Engineer.
(5) 
The extraction operation shall be conducted in such a manner as to protect the groundwater resources, e.g., potable supply wells, of surrounding properties. Each quarry shall install a monitoring well(s) in accordance with the reasonable recommendations by the Planning Board and its experts, which shall be within the applicable regulatory requirements of the NJDEP. In addition, each quarry shall install flow measuring equipment to monitor all groundwater discharge. Data from both the monitoring well(s) and flow measuring device(s) shall be presented on a quarterly basis to the Township Planner, Township Engineer and Health Officer.
(6) 
The operation shall comply with all federal, state and local laws regulating water appropriated and/or discharged from the site, stormwater management and erosion and sedimentation control. In addition, the development plan must examine the possible hydrologic effects that the operation may have upon any existing or proposed bodies of water and groundwater, including wells.
(7) 
In no case shall any quarry products, equipment or other materials be deposited or stored on any property, public or private, other than the licensed premises. No buildings, equipment, quarry products or other materials shall be erected or stored within a distance of 100 feet of any quarry boundary line. Any product which is situated within this restricted area as of the adoption of this section shall be permitted one year from the date of adoption to bring said material into conformance with this standard. Any existing structure may be permitted to remain if qualified as a preexisting, nonconforming structure pursuant to N.J.S.A. 40:55D-68. Any new structure shall conform to the standards of this chapter.
(8) 
A chain link fence of a minimum height of six feet shall be erected around the perimeter of the licensed premises, and all means of ingress and egress shall be controlled by substantial gates of similar height, which gates shall be closed and securely locked when not in actual use. Reasonable variations of fence alignment may be made along the perimeter in order to accommodate existing natural features and terrain thereby making erection of the fence practicable within the boundary lines of the quarry premises. The applicant may present an alternative means to provide screening and perimeter security, including, but not limited to, landscaping, fences and berms. Any alternative screening and perimeter security plan shall be subject to a favorable recommendation by the Planning Board and approval by the Township Council.
(9) 
Signs shall be maintained at all entrances or exits of the quarried premises, indicating the name and address of the licensee and that the business being conducted is a licensed quarry operation.
(10) 
Where conveyors discharge material of less than one inch in diameter onto stockpiles of such material, either of the following requirements shall be observed:
(a) 
The free and uncontained fall of the material being stockpiled from the conveyor to the highest point of the stockpile shall not exceed a distance of six feet.
(b) 
Where the free and uncontained fall of the material being stockpiled from the conveyor to the highest point of the stockpile shall exceed a distance of six feet, a high-pressure water mist spray shall be directed onto the material as it fills from the conveyor to the stockpile in such manner as to reduce the accumulation and dissemination of dust.
(11) 
Wherever the licensed premises abuts a public street or road, a solid and continuous landscape screen shall be planted and maintained. The landscaping shall consist of massed evergreen and deciduous trees and shrubs of such species or density as will provide a solid and continuous screen throughout the full course of the year.
(12) 
All crushing and processing of quarry materials must be conducted by use of a wet method of dust control or by local exhaust systems of equivalent effectiveness.
(13) 
All vehicles carrying product from the site must be covered with suitable material to prevent spillage off site. A tracking blanket of suitable material, subject to review and approval by the Township Engineer, shall be installed on site to prevent any and all debris from leaving the site onto the public street(s). Said tracking blanket shall not serve as a substitute for the pavement requirements in Subsection J(3) of this section.
K. 
Issuance of licenses. All license applications shall be reviewed by the enforcement officer and certified as to whether or not they comply with the requirements of this section, and if so certified, the Township Council shall approve the issuance of a license to operate the quarry described therein. Licenses shall expire on December 31 of each year and be renewed annually upon filing an application therefor in accordance with the standards outlined above. Quarry operators shall be required to file the requisite plans and documents 60 days prior to December 31 of each year in order to allow for sufficient time to determine if the application for the annual license is complete in accordance with the requirements of this chapter. Initial licenses issued during a calendar year shall expire on December 31 of the same year. A quarry presently in operation may, upon filing an application for a license as provided above, continue operation pending action upon said application by the Township Council. There shall be an annual fee of $2,500 for the license. The quarry operator shall also establish an annual inspection and plan review escrow account of $10,000 at the time of the issuance of a license which shall be applied toward expenses involved in plan reviews and site inspections. Charges against this review and inspection fee shall be done in accordance with established standards and any remaining balance shall be applied to the following year's account.
L. 
Revocation or suspension of licenses. After 10 days' notice and an opportunity to be heard, the Township Council may revoke or suspend any license issued under this section if it finds that the licensee is violating the terms or provisions hereof or of any applicable statute of the State of New Jersey. A violation shall include failure to secure all necessary federal, state, county and Township permits.
M. 
Enforcement. This section shall be enforced by the enforcement officer, who shall investigate any violation of this section coming to his attention, whether by complaint or arising from his own personal knowledge. If a violation is found to exist or if the quarry in question fails to secure the proper federal, state, county and Township permits, he shall serve a written notice, by certified mail or personal service, upon the owner or other party in charge of the licensed premises, which notice shall require the violation to be abated within a period of 10 days from the date of service thereof or within such lesser period of time as the enforcement officer shall deem reasonable in cases where the danger to public health, safety and general welfare is so imminent as to require more immediate abatement. If such person fails to abate the violation within the time specified, the enforcement officer shall notify the Township Council and Township Attorney and prosecute a complaint to terminate the violation in municipal court or seek an injunction to suspend operations until the violation is abated.
N. 
Compliance. Every existing quarry operation within the Township shall have three months from the date of adoption of this chapter to comply with its terms.
O. 
Violations. Each day that this section is violated shall constitute a separate and distinct violation.
P. 
Penalties. Each violation of this section shall be subject to a fine of not more than $1,000 and/or a jail term of 30 days.
Q. 
Severability. If any section, subsection, sentence, clause, phrase or portion of this section is for any reason held invalid or unconstitutional by any court or federal or state agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
R. 
When effective. This section shall take effect in accordance with law.
A. 
Sidewalks shall be required at 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 3,000 pounds per square inch, and shall be air-entrained.
B. 
Notwithstanding the language herein, it shall be mandatory in a major subdivision for residential construction that sidewalks be constructed on roadways, as defined in § 550-68 of the Mount Olive Township Land Use Ordinances, as follows:
Residential Development
Sidewalk Requirements
Single-family detached dwellings
On 1 side for all local roads and on both sides of all collector roads if the development fronts on both sides of a collector road
Multifamily or single-family attached dwellings
Sidewalks on both sides of all roadways
C. 
The approving authority of the subdivision may waive, in whole or in part, the sidewalk requirement upon good cause shown by the developer and in the discretion of the approving authority.
Sight triangles shall be required at each quadrant of an intersection of streets. The area within sight triangles shall be either dedicated as part of the street right-of-way or maintained as part of the lot adjoining the street and set aside on any subdivision or site plan as a sight triangle easement. Within a sight triangle, no grading, planting or structure shall be erected or maintained more than 30 inches above the center-line grade of either intersecting street or driveway or lower than eight feet above their center lines, including utility poles but excluding street name signs and official traffic regulation signs. Where any street or driveway intersection involves earth banks or vegetation, including trees, the developer shall trim such vegetation and trees as well as establish proper excavation and grading to provide the sight triangle. The "sight triangle" as that area bounded by the intersecting street lines and a straight line which connects sight points located on each of the two intersecting street lines the following distances away from the intersecting street lines: arterial streets at 130 feet; collector streets at 60 feet; and primary and secondary local streets at 35 feet. Where the intersecting streets are both arterial, both collectors or one arterial and one collector, two overlapping sight triangles shall be required, formed by connecting the sight points noted above with a sight point 35 feet on the intersecting street. The classification of existing and proposed streets shall be those shown on the adopted Master plan or as designated by the Planning Board at the time of the application for approval for a new street not included on the Master Plan. A sight triangle easement dedication shall be expressed on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided for in the Mount Olive Land Use Ordinance." Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and may be included in establishing the minimum setbacks required by the zoning provisions.
All major subdivisions shall incorporate soil erosion and sediment control programs phased according to the scheduled progress of the development, including anticipated starting and completion dates. The purpose is to control soil erosion and sediment damages and related environmental damage by requiring adequate provisions for surface water retention and drainage and for the protection of exposed soil surfaces in order to promote the safety, public health, convenience and general welfare of the community. See sections in this article entitled "Grading and filling" (§ 550-50), "Soil removal and redistribution" (§ 550-65) and "Stormwater runoff" (§ 550-66).
A. 
The following measures shall be included, where applicable, in the soil erosion and sediment control plan:
[Added 10-23-2007 by Ord. No. 41-2007]
(1) 
Stripping of vegetation, regrading or other development shall be done in such a way as to minimize erosion.
(2) 
Development shall preserve salient natural features, keeping cut-fill operations to a minimum, and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff.
(3) 
Whenever feasible, natural vegetation shall be retained, protected and supplemented.
(4) 
The disturbed area and the duration of exposure shall be kept to a practical minimum.
(5) 
Disturbed soils shall be stabilized as quickly as practicable.
(6) 
Temporary vegetation or mulching shall be used to protect exposed critical areas during development.
(7) 
The permanent (final) vegetation and physical erosion control measures shall be installed as soon as practical in the development.
(8) 
Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development.
(9) 
Until the disturbed area is stabilized, sediment in the runoff water shall be trapped by the use of debris basins, sediment basins, silt traps or other acceptable methods.
(10) 
Whenever sedimentation is caused by stripping vegetation, regrading or other development, it shall be the responsibility of the developer causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at his expense as quickly as possible.
(11) 
Maintenance of all drainage facilities and watercourses within any major subdivision is the responsibility of the developer until they are accepted by the Township of Mount Olive or other approving agency.
(12) 
It is the responsibility of any person doing any act on or across a communal stream, watercourse or swale or upon the floodway or right-of-way thereof to maintain as nearly as possible in its present state the stream, watercourse, swale, floodway or right-of-way during the duration of such activity and to return it to its original or equal condition after such activity is completed.
(13) 
Maintenance of drainage facilities or watercourses originating completely on private property is the responsibility of the owner to the point of open discharge at the property line or at a communal watercourse within the property.
(14) 
No person shall block, impede the flow of, alter or construct any structure or deposit any material or thing or commit any act which will affect normal flood flow in any communal stream or watercourse without having obtained prior approval from the Township of Mount Olive and the New Jersey Department of Environmental Protection, Division of Water Resources.
(15) 
Each person who makes any surface changes shall be required to:
(a) 
Collect on-site surface runoff and dispose of it into the common natural watercourse of the drainage area.
(b) 
Handle existing off-site runoff through his development by designing the stormwater system to adequately handle storm runoff from a fully developed area upsteam.
(16) 
The soil erosion and sediment control plan shall include the following:
(a) 
A detail sequence of construction complying with the requirements of the Morris County Soil Conservation District.
(b) 
Where detention/retention basins and/or major cut/fill operations are located on or near streams, springs or areas of high-water table:
[1] 
No construction shall commence during the period from October 15 through April 15.
[2] 
All construction shall be completed and stabilized by October 15.
B. 
See sections in this article entitled "Grading and filling" (§ 550-50), "Soil removal and redistribution" (§ 550-65) and "Stormwater runoff" (§ 550-66).
[Added 10-23-2007 by Ord. No. 41-2007]
A. 
Permit required.
(1) 
No developer and no excavator shall move, remove, fill or deposit or cause, allow, permit or suffer to be moved, removed, filled or deposited any soil in, onto or upon any lot in the Township of Mount Olive unless and until a soil permit therefor shall first have been issued by the Secretary of the Planning Board of the Township of Mount Olive.
(2) 
No owner of any lot or parcel of land in the Township of Mount Olive shall cause, allow, permit or suffer any soil in, onto or upon such lot or parcel to be moved, removed, filled or deposited by any developer or excavator until such developer or excavator has first obtained a soil permit therefor.
B. 
Issuance of permit; Planning Board approval.
(1) 
All applications involving either more than 5,000 cubic yards or more than 200,000 square feet of surface land area shall be referred to the Mount Olive Township Planning Board for review and consideration. No soil permit shall be issued until the Planning Board approves the same.
(2) 
The Secretary of the Planning Board may issue soil removal permits approved by the Township Engineer if said application involves less than the quantities set forth in Subsection B(1) above.
C. 
Application procedure. The procedure for the applying for and issuance of a soil permit shall be as follows:
(1) 
Form of application. On forms prescribed and supplied by the Planning Board, the applicant shall set forth in duplicate:
(a) 
His name and address.
(b) 
The description of the lands in question.
(c) 
The name and address of the owner of the lands.
(d) 
The purpose or reason for moving the soil and whether it will be done in connection with a proposed subdivision or site plan application and, if so, the date of filing of the application for subdivision or site plan approval.
(e) 
The kind and quantity, in cubic yards, of soil to be moved.
(f) 
In case of removal of soil or the moving, filling or depositing of soil from another site onto the lot or parcel in question, the roads to be used within the Township; the kind and quality of soil to be moved, removed, filled or deposited; and the place to which the soil is to be removed or the location from which the soil is being removed.
(g) 
The proposed date of completion of the work.
(h) 
A certificate by a licensed professional engineer or land surveyor that he has placed or caused to be placed stakes at each corner of the lands from which soil is to be moved, removed, filled or deposited and, further, that he has placed or caused to be placed grade stakes at the existing elevation points designated on the topographical map pursuant to the provisions of Subsection C hereof, clearly marked to indicate the soil cuts or fill.
(i) 
Such other pertinent data as the Planning Board may, by resolution, hereafter require.
(2) 
Signature. Said application shall bear the signature of the applicant and the endorsement of the owner or owners of said lands signifying approval of the applications and consent to the applicant to perform the proposed work and shall authorize the Township of Mount Olive, in the event of failure of the applicant to do so, to cause the proposed work to be completed or otherwise terminated in keeping with the purposes and objectives of this section, to be paid for out of the performance bond required by Subsection H hereof.
(3) 
Reclamation plan.
(a) 
Prior to approval of an application by the Planning Board, the applicant shall submit a plan for reclamation of the site. The Planning Board shall review said plan, and in the review of said plan, the Planning Board shall determine that the reclamation plan submitted is in the best interest of the Township as well as the applicant who submits the same. In addition, the reclamation plan shall not only disclose the ultimate plans for development of the property but shall also indicate measures to be taken during the course of soil removal, which will lead to reclamation of the site in part as the soil removal operation proceeds.
(b) 
In connection with the reclamation plan, provisions shall be made for portions of the initial or existing soil removal operations to be reclaimed prior to the opening of new areas for soil removal. To the extent practical, the reclamation plan shall make provisions for simultaneous quarrying and reclamation.
(c) 
Provisions shall be made for adequate drainage during soil removal operations and after the termination of the same.
(d) 
Provisions shall be made for lateral support of slopes and grades of abutting streets and lands during the soil removal operation and thereafter.
(e) 
Wherever practical, provisions shall be made in the plan for the grading of all slopes to a rolling topography not to exceed 45°.
(f) 
Where topsoil has been removed, provisions shall be made for the setting aside and the retention on the premises of sufficient arable soil to be distributed over the premises to a depth capable of supporting vegetation.
(g) 
Such other factors shall be considered by the Planning Board as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.
(h) 
The reclamation plans shall remain in effect until such time as soil removal operations are terminated or at such time as the Township shall deem that revisions are needed.
(i) 
Provisions shall be made for the completion of all reclamations within a period of one year after termination of soil removal operations.
(j) 
The reclamation plan shall contain, but not by way of limitation, the following information:
[1] 
Topographical map. Accompanying the application shall be eight prints of a topographical map of the lot upon which the proposed soil-moving operations are to be conducted and of all surrounding lands within 200 feet of the perimeter of said lot, prepared and certified by a licensed professional or civil engineer of the State of New Jersey, on a scale of not less than one inch to 100 feet, showing the lot and its relation to all of said surrounding lands, as follows:
[a] 
The dimensions of the lot and the lot and block number of the lot and of each lot in the surrounding lands as shown on the Tax Assessment Map of the Township of Mount Olive.
[b] 
The existing elevations of all lands shown by contour lines at two-foot intervals.
[c] 
The existing elevations of all buildings, structures, streets, streams, bodies of water and watercourses, natural or artificial.
[d] 
All wooded areas.
[e] 
The limits of the area or areas within the lot or lots in question within which the soil-moving operations are to be conducted, including soil being deposited from other locations and the existing elevations of said limits at intervals of not more than 100 feet with two-foot contour lines.
[f] 
The proposed final contour elevations at two-foot intervals, where existing elevations shown on said map are to be changed as a result of completion of the proposed work.
[g] 
Proposed slopes and lateral supports at the limits of the area upon completion of the soil moving operations.
[h] 
Proposed provisions and facilities for surface water drainage and, where applicable, channels of any streams, bodies of water and watercourses, natural or artificial, including cross sections showing proposed channel widths, bank slopes and methods of erosion hereof.
[i] 
Accurate cross sections showing the locations and quantities, in cubic yards, of soil to be moved in, onto or upon the site.
[j] 
All proposed elevations in enclosed rectangular boxes and all existing elevations to be indicated without any kind of enclosure.
[2] 
In the event that a stream encroachment permit shall be required, the same shall be obtained by the applicant before the Township shall issue a permit.
[3] 
Such other pertinent data as the Planning Board may, by resolution, require.
(4) 
Certification. Application forms shall be accompanied by certification of a soil erosion and sediment control plan by the Morris County Soil Conservation District as required by N.J.S.A. 4:24-32. Certification must be obtained as a condition of and prior to approval by the Planning Board.
(5) 
Inspection. The Township Engineer shall make an inspection of the site from which soil is to be moved and shall make such engineering studies as may be required to determine the effect of the removal of soil from the location as it relates to soil erosion by water and wind, surface and subsurface water drainage, soil fertility, slopes and lateral support of abutting streets and lands, public health and safety and such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township. He shall also inspect the aforesaid site to determine whether stakes have been placed on each corner thereof and whether grade stakes have been placed at the existing elevation points designated on the topographical map pursuant to the provisions of Subsection C(1) hereof. In the event of refusal of the soil permit as hereinafter provided, the fee paid by the applicant shall be refunded, except that all moneys and costs incurred by the Township of Mount Olive for engineering surveys and reports, inspection fees and legal fees shall be retained by the Township, and the balance remaining shall be refunded to the applicant, together with a statement of the costs and expenses incurred by the Township of Mount Olive in the processing of the soil application.
(6) 
Hearing. Upon receipt of certification by the Morris County Soil Conservation District, and in no event later than 30 days after the filing of an application under Subsection B(1), the Planning Board shall, within a reasonable time, fix a date for a hearing for the purpose of considering the application and shall give to the applicant, by regular mail, notice of the time and place of said hearing.
(7) 
Decision. The Planning Board shall review and consider an application under Subsection B(1) and shall render its report and decision to the Secretary of the Planning Board, who shall grant or refuse the permit in accordance with the decision. Such report and decision shall be made within 30 days after the hearing.
(8) 
The soil permit shall be in such form as may be prescribed by the Planning Board. It shall be signed by the Secretary of the Planning Board and shall contain any special conditions set forth in the decision.
(9) 
The soil permit shall be dated as of the date it is actually issued, and the term of said permit shall not exceed one year. Upon application in a manner provided by the Planning Board, permits may be extended for a period of one year by the Secretary of the Planning Board upon favorable recommendation of the Township Engineer, provided that the applicant has complied with all of the conditions of the original approval. Only two such extensions may be granted. Any additional extensions may only be granted upon application to and hearing before the Planning Board.
(10) 
The soil permit shall be displayed at the applicant's site at all times until compliance with all the provisions of this section have been fulfilled.
D. 
Review of application; criteria for review. In considering and reviewing the application, the Planning Board shall be guided by the general purpose of municipal planning and shall take into consideration the following factors:
(1) 
Soil erosion by water and wind.
(2) 
Drainage.
(3) 
Slopes and lateral support of abutting streets and lands.
(4) 
Public health and safety.
(5) 
Land values and uses.
(6) 
The effect upon streams, brooks, rivers, lakes and other bodies of water, as well as existing drainage facilities, if any.
(7) 
Such other factors as may bear upon or relate to the coordinated physical development of the Township.
E. 
Certain actions prohibited. No person to whom a soil permit has been issued shall, by issuance of the permit alone:
(1) 
Conduct or maintain on the premises any sand, gravel or similar kind of pit; any sand or gravel washing or screening machinery or equipment; any business or industry not permitted in the district in which said premises are located and classified by the Township of Mount Olive Land Use Ordinance, as amended and supplemented; or any endeavor or enterprise other than the grading or regrading of said premises in accordance with the provision of said permit and, where applicable, the necessary disposal of soil incidental to said grading or regrading.
(2) 
Conduct or maintain any soil-moving operations without having first made adequate provision for the control of dust on public and private roads in a manner satisfactory to the Township Engineer.
(3) 
Neglect to dispose of, on or before the completion date stated in the application, any partially or wholly excavated boulders or other incombustible debris resulting from the soil-moving operations, by burial or removal, or any partially or wholly excavated stumps, felled or uprooted trees or other combustible debris resulting from the soil-moving operations, by combustion, when and in an manner legally permitted, or removal from the premises.
(4) 
Conduct any soil-moving operations beyond the expiration date as set forth in the soil permit or renewals thereof.
F. 
Storage of topsoil; replacement regulations.
(1) 
Whenever any developer or excavator shall move topsoil in or upon any lot, provision shall be made for the storage of said topsoil within the boundary lines of said lot.
(2) 
Except as hereinafter provided, all of the topsoil so stored shall be uniformly replaced over the entire area or surface of the lot on or before the completion date set forth in the soil permit, so that the final grade or grades of said replaced topsoil shall be in accordance with the proposed final grades shown on the topographical map.
(3) 
No developer or excavator shall remove to any point beyond the boundary lines of the lot any topsoil whatsoever unless and until topsoil not inferior in quality to that to be removed shall first have been replaced uniformly to a depth of not less than six inches, measured from the proposed final grades as shown on the topographical map, over the entire surface or area of the lot, except only such portions thereof as shall be or shall have become, since the date of filing of said topographical map, permanently covered by a building or structure, street pavement, curb, sidewalk, driveway or other paved area or by any body of water or waterway. In no event shall the developer or excavator remove from the lot more topsoil than that comprising the surplus or excess remaining after the replacement of the topsoil aforesaid. Topsoil shall not be removed from any lot without the specific authorization of the Planning Board upon the application for a permit.
G. 
Excavation depths. No developer or excavator shall, at any time in the course of the work, dig or excavate more than six inches below the proposed final grades as shown on the topographical map unless the developer or excavator encounters unstable materials or other site conditions necessitating excavation below the proposed final grades; and on or before the completion date set forth in the soil permit, he shall restore the final grades to those shown on the topographical map and then only with the approval of the Township Engineer.
H. 
Performance bond.
(1) 
If the Planning Board recommends approval of the application, the Secretary of the Planning Board shall forthwith give notice to the applicant of the action of the Board and of the amount of the performance bond required. If the applicant fails to post the required performance bond within 60 days of said notice, then the decision of the Planning Board shall be automatically rescinded.
(2) 
No soil permit shall be issued unless the applicant shall have posted with the Township a performance bond in form and with surety acceptable to the Township.
(3) 
The amount of said bond shall be determined at the rate of not less than $0.10 per cubic yard and not in excess of $0.50 per cubic yard of the amount of soil to be moved; provided, however, that in no event shall said bond be less than the principal amount of $2,000. In ascertaining the rate upon which to compute the amount of the bond, the Planning Board shall take into consideration the recommendation of the Township Engineer, who shall consider such factors as may bear upon the facility with which the proposed work may be performed, including but not limited to the type and character of soil; the extent and depths of the area over which the soil-moving operations are to be conducted; the extent and depth of the various cuts and fills; the extent to which the area of operations is wooded; the proximity of the proposed operation to streets, buildings, structures, natural or artificial streams or watercourses; and general drainage conditions.
(4) 
Before the holder of any soil permit shall proceed before the Planning Board with any application for any amendment or alteration of the terms and conditions of any outstanding soil permit, there shall be submitted to the Planning Board the written consent of the surety on said bond approving said application for amendment or alteration and consenting to an extension of the bond coverage thereto.
(5) 
Applications for the release of any bonds posted in accordance with the terms of this section and/or the resolutions of the Planning Board shall be made to the Township Council, accompanied by an affidavit stating that the soil-moving operation has been completed in accordance with the application and all plans, maps and other data filed therewith and in accordance with all resolutions and conditions therein adopted by the Planning Board. Said affidavit shall be executed by a licensed professional or civil engineer or land surveyor of the State of New Jersey. Any of the requirements of this subsection may be waived by the Township Council.
I. 
Depositing, removing, moving and filling with certain materials prohibited. Notwithstanding any provisions to the contrary in this section or any other ordinance of Mount Olive Township, no owner, developer or excavator, as defined in this chapter, and no other person, firm or corporation shall be permitted to move, remove, fill or deposit any soil or other material taken or removed from any sanitary landfill or dump onto any land within Mount Olive Township unless such land is in itself an operating sanitary landfill approved by both Mount Olive and the New Jersey Department of Environmental Protection.
J. 
Regulation of operation.
(1) 
Soil removal may be conducted only from Monday through Saturday, between the hours of 7:00 a.m. and 6:00 p.m., prevailing time, except that:
(a) 
Soil removal shall not be conducted for a period in excess of nine gross hours per day.
(b) 
No soil removal shall be conducted on Sundays.
(2) 
All roads or traveled rights-of-way within the licensed premises must be treated with water or calcium chloride in order to reduce the accumulation and dissemination of dust. Calcium chloride must be applied at least once every 10 days at an application rate of approximately 1.5 pounds per square yard, during the period of March 1 to November 15 of each year. If dust is controlled by the use of water, it shall be placed a minimum of three times every 10 days, unless otherwise directed by the Township Engineer.
(3) 
No soil removal shall be permitted which will reduce the excavated area below the average grade of adjoining properties or roads, nor shall any quarrying be permitted which will endanger the lateral support of abutting properties. In the event that soil removal or any excavation should result in face slopes in excess of 45, a minimum leveled (or natural) buffer area of 50 feet shall be provided between any soil removal operation boundary line and the commencement of the slope.
(4) 
In no case shall any soil products, equipment or other materials be deposited or stored on any property, public or private, other than the licensed premises. No building, equipment, quarrying products or other materials shall be erected or stored within a distance of 50 feet of any soil removal boundary line.
K. 
Provisions not applicable to certain lands. Nothing in this section shall be construed to affect or apply to any person engaged in the moving of soil in and upon lands enrolled in the Soil Conservation Program of the Northeastern Jersey Soil Conservation District of the United States Department of Agriculture Natural Resources Conservation Service and for which lands an approved farm plan has been established by said agency, provided that all soil-moving operations in and upon such lands are performed in accordance with said approved farm plan.
L. 
Compliance of formerly exempt land uses. The following land uses shall be brought into compliance with the provisions of this chapter within six months of the passage of the same:
(1) 
All commercial soil removal operations.
(2) 
All commercial sand and gravel pit operations.
(3) 
All humus and peat moss removal operations for agricultural and horticultural purposes.
M. 
Administration and enforcement. For the purpose of administering and enforcing this section, any duly authorized officer, agent or employee of the Township of Mount Olive shall have the right to enter into and upon any lands in or upon which soil-moving operations are being conducted to examine and inspect such lands.
N. 
Violations and penalties. Each day that this section is violated shall constitute a separate and distinct violation. Each violation of this section shall be subject to a fine of not more than $1,000 and/or a jail term of 30 days.
The excavation and grading for completion of a development shall be done in accordance with the approved plat which contains soil erosion and sediment control provisions. Excavation of soil, other than required for the construction of approved structures and supporting facilities, such as but not limited to streets, driveways and parking areas, shall be prohibited. Regrading of property so as to redistribute topsoil throughout the site from areas excavated for such approved structures and supporting facilities shall be permitted but shall be done in the following manner to minimize or eliminate the erosion of soil. Any application proposing the disturbance of more than 5,000 square feet of surface area of land as defined in the Soil Erosion and Sediment Control Act (P.L. 1975, c. 251)[1] shall include on its plan the following: the means to control or prevent erosion or provide for sedimentation basin(s) for soil that does erode due to water and to control drainage, dust and mud on the premises as well as abutting lands; the preservation of soil fertility and the resulting ability of the area affected to support plant and tree growth by maintenance of adequate topsoil consisting of at least six inches of the original layer; maintenance of necessary lateral support and grades of abutting lands, structures and other improvements; the prevention of pits and declivities which are hazardous or which provide insect breeding locations; the physical limitations and characteristics of the soil shall not be altered to prevent the use to which the land may lawfully be put; and such other factors as may reasonably bear upon or relate to the public health, safety and general welfare.
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
A. 
All site plans for lots over two acres in size or with 50% or greater lot coverage shall incorporate on-site stormwater facilities that will either encourage the recharging of underground aquifers or the slowing down of either the rate or amount of stormwater that leaves the site, or both. Site plans for other lots may be required to provide the above if deemed necessary by the Planning Board, based on the physical characteristics of the lot or surrounding areas. All measures used to control stormwater runoff shall comply with the drainage, soil erosion and sediment control and soil removal provisions of this chapter.
B. 
Tracts where permanent stormwater detention basins are either proposed or required shall be constructed in the following manner (more than one facility may be required): each detention pool shall contain a primary water depth with a capacity to accept all surface water directed to it from a four-inch rain in 24 hours. Vertical holes filled with coarse rock may be provided within the detention pool(s) to assist water percolation into the soil for the detained water at the primary water level. Each detention pool shall be designed for a secondary water depth which shall provide for water to be drained off through outlets. The secondary water depth shall, together with the primary water depth capacity, accept all the surface waters directed to it from a five-inch rain in 24 hours. Each detention pool shall also have a tertiary water depth which will allow water levels in excess of the secondary drainage course. The rate of discharge from the secondary and tertiary depths shall not exceed the rate and volume at which stormwater left the property when the property was in its natural state. The tertiary water depth capacity shall, together with the primary and secondary water depth capacities, accept all the surface water directed to it from a six-inch rain in 24 hours.
C. 
All developments may incorporate the following on-site stormwater retention or impoundment facilities in the following manner:
(1) 
Swales may be constructed in which there need be no outlet facilities and which will impound water draining only from other landscaped areas. The water impounded in these areas will be left to evaporate and percolate, and the swales shall otherwise be seeded and maintained in the lawn area.
(2) 
Impoundment/detention basins along any stream that maintains a steady flow of water throughout the year may be constructed, provided that any improvements designed to provide such impoundment/detention facilities shall be designed to meet the standards of and have the approval of the New Jersey Department of Environmental Protection, Division of Water Resources, and shall have the proper amount of sustained water flow downstream, the proper depth of water to control vegetation and a proper design to prevent water stagnation in any part of the pond.
(3) 
Detention of stormwater on roof surfaces may be designed by means of essentially flat but slightly pitched roofs to the edges. Facilities for control of the water runoff from the roof shall be provided in the form of vertical leaders with detention rings around the intake to provide the control of water flow. The spacing and capacity of the vertical leaders and detention rings shall be approved by the Township Engineer and the Building Inspector, depending on the area to be drained, the pitch of the roof, the capacity of the impoundment, detention or retention facilities to which the water will eventually drain and the structural strength of the roof. It is recommended that the intakes be protected by a device that will accept the full amount of water passed on to it from the detention rings but which will act as a strainer for any foreign matter, such as leaves, twigs, and seedlings. The leaders from a roof with water detention design shall direct the stormwater into a retention basin constructed in a manner as outlined by the Township Engineer.
A. 
Definitions. When used in this section, the term "street" includes one or more streets, public thoroughfares, roads, highways, lanes and alleys or any part thereof.
B. 
Submission of Comprehensive Plan; information required.
(1) 
In the event that any new street is to be constructed within the limits of the Township for use by the public, the person, firm or corporation owning the land upon which said street is to be constructed shall submit to the Township Council, before work is started, a Comprehensive Plan containing thereon the information hereinafter set forth.
(2) 
Such map shall show an outline of the entire property or a section of the same as it is to be subdivided, the location and widths of proposed street and the location and widths of existing connecting streets.
(3) 
The plan shall show the plan and profile of the proposed roadway, the typical cross section, cross sections and details of manholes, inlets, curbs and culverts and other construction details. The plan of the road shall show curve data, the proposed pavement line, the proposed curbline, the property line and the location of storm drains, culverts, subdrains and other items of construction.
(4) 
The approval of any plan shall nowise be construed as an acceptance of any street, nor shall any such approval in any way obligate the Township to maintain or exercise jurisdiction over such street.
C. 
Subgrade. Topsoil shall be stripped from the proposed subgrade to a depth of six to eight inches. The subgrade, when completed, shall be true to the lines, grades and cross sections given on the plan. After the subgrade has been shaped correctly, it shall be brought to a firm, unyielding surface. All soft and spongy places shall be excavated and refilled solidly as directed by the Township Council or its duly authorized agent. All stumps shall be removed in their entirety.
D. 
Embankments. Embankments or fills shall be formed of suitable material and shall be compacted and allowed to thoroughly settle before constructing pavement upon them and must be approved by the Township Council or its duly authorized agent.
E. 
Underdrains.
(1) 
French underdrains shall be installed where necessary as directed by the Township Council or its duly authorized agent. These underdrains shall consist of vitrified tile or perforated metal pipe with a minimum diameter of six inches, laid in the bottom of a trench excavation to the depth and width recommended by the Township Council or its duly authorized agent.
(2) 
Stone underdrains, as hereinafter specified, may be used for laterals; but all trunk drains shall be French drains.
(3) 
Stone underdrains shall consist of a trench not less than 15 inches wide at the bottom and of a depth recommended by the Township Council or its duly authorized agent, filled with two-and-one-half-inch broken stone to within six inches of the subgrade.
F. 
Storm drains and cross drains.
(1) 
These drains or culverts shall consist of sections of cast iron, corrugated iron (pure iron), corrugated multiplate or reinforced concrete pipe. All pipe shall comply with the requirements of the current New Jersey Highway Specifications governing materials.
(2) 
The location, length, depth, grade, type and size of pipe for culverts or drains shall be as designated on the plans indicated herein or as directed by the Township Council or its duly authorized agent. Trenches shall be bridged at all street crossings, intersecting streets and public and private entrances in such a manner that traffic will not be interrupted. This work must be of a substantial character and approved by the Township Council or its duly authorized agent.
(3) 
Storm drains and cross drains shall be installed where directed by the Township Council or its duly authorized agent.
(4) 
Headwalls, catch basins or inlets shall be installed where directed by the Township Council or its duly authorized agent.
(5) 
Easements of a width sufficient to allow proper maintenance shall be provided for the outletting of all drains, pipelines, etc., to streams, existing storm drains or other legal drainage courses. These easements shall be granted the Township by approved legal procedures.
G. 
Curbs.
(1) 
Where curbs are to be constructed, they are to be of concrete not less than eight inches wide at its bottom and not less than six inches wide at its top. Its height shall not be less than 18 inches, constructed to show a vertical face next to roadway pavement six inches high. Curbs shall be constructed of Class B concrete, as specified in the current New Jersey Highway Department Specifications.
(2) 
Granite block curbs.
(a) 
Granite block (formerly referred to as Belgian block) shall be of the best quality medium- or fine-grained granite so that all faces are approximately rectangular and measuring not less than four inches by six inches on top and bottom and not less than 10 inches in depth.
(b) 
The concrete to be used shall be Class C concrete, as specified in the New Jersey State Highway Department Specifications.
(c) 
The granite block shall be laid in concrete, with the longest dimension vertical. Sufficient concrete shall be laid beneath the block to provide a total curb height of 18 inches. Concrete shall also be placed on both the front and rear of the block to provide sufficient support. The concrete in front, rear and underneath the block shall be a monolithic pour. A form consisting of one-by-ten-inch board shall be used on both sides of the curb to insure a uniform width and depth of the concrete. The concrete beneath the block shall be 12 inches in width, three inches in front of and three inches behind the block and eight inches under the block.
(d) 
Joints shall measure 1/2 inch in width and shall be pointed and tooled as directed by the engineer, with mortar consisting of one part portland cement and two parts sand.
(e) 
The curb shall be constructed to show a vertical face of six inches above the finished pavement to one inch below the finished pavement.
(f) 
The curb at all driveway openings shall be depressed to a point two inches above the finished pavement.
(g) 
All block shall be clean and free from mortar, bituminous materials or other substances.
(h) 
The curb shall be laid in a workmanlike manner, true to line and grade, as directed by the engineer.
H. 
Pavement and curbs.
(1) 
Streets shall be paved for the full width between curbs with a minimum width of 30 feet. Where no curbs are required, the width shall be as required in Subsection O.
(2) 
Curbs are hereby required for all streets hereafter constructed, in accordance with the specifications in Subsection G. They shall be either concrete or granite block, as approved by the Township Council.
(3) 
Pavements shall be one of two types, Type I or Type II, as directed by the Township Council and in accordance with Subsections I and J.
I. 
Pavement Type I.
(1) 
Pavement Type I shall consist of a soil aggregate base course and bituminous concrete binder and surface courses.
(2) 
The gravel base course shall include the construction of pavement base courses of gravel and the reconstruction of existing gravel roads for base courses at the prescribed locations, to the prescribed lines, grades and dimensions and in accordance with the plans and specifications as approved by the Township Committee. For new base courses, it shall include also the preparation of subgrade. Subgrade shall be prepared as described in Subsection J(2).
(3) 
The finished base course shall be thoroughly compacted and bound together, hard, smooth and even and at the proper grade and contour. The finished surface of the gravel base course shall be parallel to the ultimate finished surface of the pavement and shall show the six-inch crown of said finished pavement.
(4) 
Depth.
(a) 
Material used for the gravel base course shall conform to Section 8.8.1, Soil Aggregate, Type 2 or Type 5, of the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction of 1961.
(b) 
The gravel base course shall be spread over the subgrade in a uniform layer of such depth that it offers ultimate compression by rolling with a power roller; it shall have a uniform depth of 3 1/2 inches.
(c) 
Then there shall be spread another uniform layer of gravel base course of such depth that, after ultimate compression by rolling with a power roller, it shall have a uniform depth of 3 1/2 inches or more, making a total depth of seven inches or more.
(5) 
Binder and top course.
(a) 
The bituminous concrete binder course shall be a plant-mix bituminous concrete having a compacted thickness of two inches. The materials and methods of construction shall be as set forth for a bituminous concrete binder course in Division 3, Section 10, of the New Jersey State Highway Department Specifications.
(b) 
The bituminous concrete top course shall be a plant-mix bituminous concrete having a compacted thickness of 1 1/2 inches. The materials and methods of construction shall be as set forth for a concrete surface course in Division 3, Section 10, of the New Jersey State Highway Department Specifications.
J. 
Pavement Type II.
(1) 
Pavement Type II shall consist of a bituminous stabilized base course and a bituminous concrete wearing surface.
(2) 
The stabilized base course shall be placed on the subgrade after it has been brought to proper line, grade and crown. The subgrade shall be compacted by a smooth three-wheel power roller weighing not less than 330 pounds per linear inch of tread of the rear wheels. The finished subgrade shall conform to the requirements of Division 2, Section 10, of the New Jersey State Highway Department Specifications.
(3) 
The bituminous stabilized base course shall be plant-mixed and shall have a compacted thickness of four inches. The methods and materials of construction shall be as set forth in Division 3, Section 2-A, of the New Jersey State Highway Department Specifications. The surface of the stabilized base shall be parallel to the ultimate finished surface of the pavement and shall show the six-inch crown of said finished pavement.
(4) 
The bituminous concrete top course shall be a plant-mix bituminous concrete having a compacted thickness of two inches. The materials and methods of construction shall be as set forth in Division 3, Section 10, of the New Jersey State Highway Department Specifications.
K. 
Street-name signs and warning, direction and caution signs.
(1) 
This item shall consist of the erection of a metal name sign on a post of galvanized steel. The post shall be 2 1/2 inches in diameter and 10 feet high, with nameplates of noncorrosive metal set one above the other, with a minimum clearance of seven feet.
(2) 
The post shall be set in concrete three feet six inches in the ground. The post shall be so located as to be visible for both pedestrian and vehicular traffic. Posts shall not be installed in freezing or thawing weather.
(3) 
This section provides for the installation of warning and caution signs in the subdivision. The type, location and quantity shall be recommended and approved by the Township Council.
(a) 
All signs shall be on metal, baked enamel, similar to Lyle signs, or an approved equal.
(b) 
All signposts shall be made of rail steel, two pounds per foot, and erected to an elevation of not less than three feet six inches above the finished center-line elevation of the street to the midpoint of the sign and not less than six feet from the edge of the paved surface.
L. 
Intersections and dead-end streets.
(1) 
The pavement at all intersections shall be flared as recommended by the Township Council or its duly authorized agent.
(2) 
On all dead-end streets, a circle shall be provided having a radius of not less than 40 feet and paved in its entirety.
(3) 
Where a road is not completed for its entire length, a turnaround shall be constructed having a radius of 40 feet, surfaced with four inches of quarry strippings properly graded its entire area.
M. 
Materials.
(1) 
All materials and appurtenances, unless otherwise specified herein, shall comply with the requirements set forth in the current New Jersey State Highway Specifications.
(2) 
Delivery slips for all material used in constructing the road and appurtenances thereto shall be turned over to the Township Council or its duly authorized agent for tabulation and inspection.
(3) 
When, in the opinion of the Township Council or its duly authorized agent, materials are in need of testing, the materials shall be tested by an approved testing laboratory at the expense of the property owner.
N. 
Inspection. The work shall be inspected throughout the course of construction by the Township Council or its duly authorized agent.
O. 
Width of pavement Where no curb is constructed, the pavement shall have a width of not less than 20 feet.
P. 
Shoulders. Shoulders shall have a width of not less than six feet and shall have a pitch of one inch to each foot of width.
Q. 
Driveways. All driveways entrances constructed upon the public roads shall be constructed under the direction of the Township Council or its duly authorized agent. These entrances shall be constructed in a manner that will not interfere with the drainage ditches along the public road.
A. 
All developments shall be served by paved streets with an all-weather base and pavement with an adequate crown. The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets, to conform with the topography as far as practicable and to allow for continued extension into adjoining undeveloped tracts.
B. 
When a development adjoins land capable of being developed or subdivided further, suitable provisions shall be made for optimum access from the adjoining tract to existing or proposed streets.
C. 
Local streets shall be designed to discourage through traffic.
D. 
In all residential zones, development bounded by any arterial or collector street shall control access to said streets by having all driveways intersect minor streets. Where the size, shape, location or some other unique circumstance may dictate no other alternative than to have a driveway enter an arterial or collector street, the lot shall provide on-site turnaround facilities so it is not necessary to back any vehicle onto an arterial or collector street, and abutting lots shall share a common access drive. All lots requiring reverse frontage shall have an additional 25 feet of depth to allow for the establishment of the buffers outlined below unless such buffers are established in a reverse strip controlled by the Township or the county. That portion of the development abutting an arterial or collector street right-of-way shall either be planted with nursery-grown trees to a depth of not more than a twenty-five-foot buffer strip along the right-of-way line and for the full length of the development so that in a reasonable period of time a buffer area will exist between the development and the highway, or where topography permits, earthen berms may be created at a sufficient height to establish a buffer between the development and the highway. Berms shall no be less than five feet in height; they shall be stabilized by ground cover to prevent soil erosion and shall be planted with evergreens and deciduous trees according to a landscaping plan so as to be designed to have not less than 2.5 inches measured three feet above ground level and be of an approved species grown under the same climatic conditions as at the location of the development. They shall be of symmetrical growth, free of insect pests and disease, suitable for street use and durable under the maintenance contemplated.
E. 
In all developments, the minimum street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule, 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 although a greater width may be required in accordance with the following schedule. Where any arterial or collector street intersects another arterial or collector street, the right-of-way and cartway requirements 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.
Street Classification
Row Width
(feet)
Traffic Lanes
Width Between Curbs
(feet)
Total Utility and Right-of-way Outside the Curb*
(feet)
Arterial
86
4 at 12 feet
64
22
Collector
66
2 at 12 feet
40
26
Local
50
2 at 10 feet
30
20
*
NOTE: Shall be grass-stabilized topsoil, a minimum of four inches deep.
F. 
No development showing reserve strips controlling access to streets or another area, either developed or undeveloped, shall be approved, except where the control and disposal of land comprising such strips has been given to the governing body.
G. 
In the event that a development adjoins or includes existing Township streets that do not conform to widths as shown on either the Master Plan or Official Map or 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 anticipated in the subdivision design by creating oversized lots to accommodate the widening at some future date. The additional widening may be offered to the Township for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way and shall be expressed on the plat as follows: "Street right-of-way easement granted to the Township of Mount Olive permitting the Township to enter upon these lands for the purposes provided for and expressed in the Land Use Ordinance of the Township of Mount Olive." This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair or maintain any facilities installed in this area dedicated by ordinance or as shown on the plat or as provided for by any maintenance or performance guaranties. If the subdivision is along one side only, 1/2 of the required extra width shall be anticipated.
H. 
Longitudinal grades on all local streets shall not exceed 10% nor 4% on arterial and collector streets. No street shall have a longitudinal grade of less than 0.5%. Maximum grades within intersections shall be 4%. The slope of the cartway from the center line to the curbline or edge of the paving shall be 2%. Where the cartway is banked to facilitate a curve in the street alignment, the slope toward the curbline or shoulder shall conform to accepted engineering practice.
I. 
Intersecting street center lines shall be as nearly at right angles as possible, and in no case shall they be less than 60° at the point of intersection. The curblines shall be parallel to the center line. Approaches to all intersections shall follow a straight line for at least 100 feet, measured from the curbline of the intersecting street to the beginning of the curve. No more than two street center lines shall meet or intersect at any one point. Streets intersecting another street from opposite sides shall have at least 250 feet between the two street center lines. Any development abutting an existing street which is classified as an arterial or collector street shall be permitted not 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 will be given to the location of existing intersections on both sides of the development. Intersections shall be rounded at the curbline, with the street having the highest radius requirement as outlined below determining the minimum standard for all curblines:
(1) 
Arterial: 40 feet.
(2) 
Collector: 30 feet.
(3) 
Local: 20 feet. No local streets shall be part of a four-way intersection.
J. 
Sight triangles shall be provided as required in § 550-62. Grading in the area of sight triangle(s) to comply with the intent of this section shall be reviewed and approved by the Township Engineer.
K. 
A tangent at least 200 feet long shall be introduced between reverse curves on arterial and collector streets. When connecting street lines deflect in any direction, they shall be connected by a curve with a radius conforming to standard engineering practice so that the minimum sight distance within the curbline shall be 160 feet for a local street, 300 feet for a collector street and 550 feet for an arterial street.
L. 
All changes, in grade where the difference in grade is 1% or greater, shall be connected by a vertical curve having a length of at least 50 feet for each two-percent difference in grade or portion thereof and providing minimum sight distances of 160 feet for a local street, 300 feet for a collector street and 550 feet for an arterial street. Intersections shall be designed with as flat a grade as practical, with the advice of the Municipal Engineer.
M. 
Where dead-end (cul-de-sac) streets are utilized, they shall conform to the following standards:
(1) 
Dead-end streets of a permanent nature (where provision for the future extension of the street to the boundary of the adjoining property is impractical or impossible) or of a temporary nature (where provision is made for the future extension of the street to the boundary line of adjoining property) shall provide a turnaround at the end with a right-of-way radius of not less 50 feet and a cartway radius of not less than 40 feet. The center point for the radius shall be on the center line of the associated street or, if offset, to a point where the cartway radius also becomes a tangent to one of the curblines of the associated street.
(2) 
If a dead-end street is of temporary nature, provisions shall be made for removal of the turnaround and reversion of the excess right-of-way to the adjoining properties as an off-tract responsibility of the developer creating the street extension when the street is extended.
(3) 
A dead-end street shall serve no more than 14 lots and shall not exceed 1,200 feet in length.
N. 
No street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound the names of existing streets so as to be confusing therewith. The continuation of an existing street shall have the same name. The names of new streets must be approved by the approving authority.
Street signs shall be of the type, design and standard required in the street ordinance or, if there is no street ordinance in effect at the time, then as approved by the approving authority on the advice of the Municipal Engineer. The location of the street signs shall be determined by the Engineer, but there shall be at least two street signs furnished at each four-way intersection and one street sign at each "T" intersection. All signs shall be installed free of visual obstruction.
Streetlighting and standards of a type and number approved by the approving authority and the Municipal Engineer shall be installed at street intersections and elsewhere as deemed necessary by the approving authority. The developer shall provide for the installation of underground service for streetlighting.
All street trees shall have a minimum diameter of 2.5 inches measured three feet above the ground and be of species approved by the approving authority. Trees shall be planted 40 to 60 feet apart and parallel to but no more than 20 feet from the curbline and shall be balled and burlapped, nursery grown, free from insects and disease and will be hardy and thrive in the area and be true to species and variety. 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. Dead or dying trees shall be replaced by the developer during the next recommended planting season.
A. 
General design standards. Any application for development shall demonstrate conformance with design standards that will encourage sound development patterns within the Township. Where either an Official Map or Master Plan have been adopted, the development shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites and flood control basins shown on the officially adopted Master Plan or Official Map shall be considered in the approval of plats. In accordance with good design practices, extreme deviations from rectangular lot shapes and straight lot lines shall not be allowed unless made necessary by special topographical conditions or other special conditions acceptable to the approving authority. All improvements shall be installed and connected with existing facilities or installed in required locations to enable future connections with approved systems or contemplated systems and shall be adequate to handle all present and probable future development.
B. 
Character of land. Land which the approving authority finds to be in areas identified in the Natural Resources Inventory as having severe or moderate soil characteristics, particularly as the land relates to flooding, improper drainage, steep slopes, rock formations, soil conditions, adverse topography, utility easements or other features which can reasonably be expected to be harmful to the health, safety and general welfare of the 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 this section and all other regulations.
C. 
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. Wherever access to a development is required across land in an adjoining community as the exception, the approving authority may require documentation that such access is legally established and that the access road is adequately improved.
D. 
Development name. The proposed name of the development shall not duplicate or too closely approximate the name of any other development in the Township. The approving authority shall have final authority to designate the name of the development which shall be determined at the sketch plat stage.
A. 
Submission of plan required. For all new construction for which a building permit is required, as well as for all soil removal for which a soil removal permit is required, within the Township of Mount Olive, a surface water management plan must be submitted to the Township Engineer for review and approval as provided for in Subsection D. prior to any commencement of construction.
B. 
Contents of plan. Every surface water management plan submitted to the Township Engineer shall include the following data:
(1) 
The name and address of the applicant.
(2) 
The lot and block numbers of the site as shown on the current Township Tax Map.
(3) 
The location of the site within the watershed(s) as shown on a topographic map.
(4) 
The location and description of significant natural and man-made features on and surrounding the site, including topography, steep slopes, all impervious surfaces, soil and drainage characteristics and presently existing surface water runoff control devices, mechanisms or areas.
(5) 
The size of the nearest culvert or storm sewer downstream of the discharge area and the proposed surface water discharge from the site.
(6) 
The location and description of any proposed changes to the site, whether of a permanent or temporary nature, with particular attention to impervious surfaces and interception of presently dispersed flow which may affect the capacity of the soil, vegetative cover and drainageways to absorb, retard, contain or control surface water runoff.
(7) 
The designation of critical or other areas to be left undisturbed, shown in sufficient detail to be accurately marked and identified on the land.
(8) 
The approximate computation of the total surface water runoff before and after the disturbance of land and/or construction of impervious surfaces.
(9) 
Any proposed temporary and permanent surface water management measures.
C. 
General guidelines. The surface water management plan shall adhere to the following general principles:
(1) 
The rate and velocity from the site following completion of the planned development shall not exceed that which occurred in previous undisturbed ground cover.
(2) 
Maximum use shall be made of presently existing surface water runoff control devices, mechanisms or areas, such as existing berms, terraces, grass waterways, favorable hydrologic soils, swamps, swales, watercourses, woodlands and floodplains, as well as any proposed retention structures.
(3) 
Whenever practicable and when permitted by the zoning provisions of the Land Use Ordinance,[1] the construction should aim to reduce the total area of impervious surface and not increase the runoff flow rate.
[1]
Editor's Note: See Art. VI, Zoning Provisions, herein.
(4) 
Evaluation shall be made of the nature of the subwatershed(s) of which the site is a part, the receiving stream channel capacities and the points of concentration structure as shown on a Township map showing roads, streams, culverts, bridges, Mount Olive Township and the existing drainage Master Plans.
(5) 
To the greatest possible extent, the plan shall avoid the concentration of flow and shall provide for dissipation of velocities at all concentrated discharge points.
(6) 
Reestablishing vegetation cover shall be in accordance with Standards and Specifications for Soil Erosion and Sediment Control in New Jersey, current edition.
(7) 
The plan shall establish a time schedule for temporary and permanent surface water management measures during construction, to include seeding and establishing sod in grass waterways.
D. 
Review of plan. The surface water management plan shall be submitted to the Township Engineer for review and approval. If the applicant is before the Planning Board, the Township Engineer shall report to the appropriate agency whether he approves or disapproves the surface water management plan. The agency may condition its approval of the applicant for site plan, subdivision or variance upon approval by the Township Engineer of the surface water management plan. In the event that the applicant disagrees with the decision of the Township Engineer regarding the surface water management plan, the applicant may take an appeal to the Planning Board.
[Amended 10-28-2014 by Ord. No. 22-2014]
E. 
Design standards. The Township Engineer shall utilize the following design standards in reviewing the surface water management plan:
[Amended 7-22-2003 by Ord. No. 26-2003; 11-9-2004 by Ord. No. 34-2004; 1-25-2005 by Ord. No. 49-2004]
(1) 
The stormwater management design for all residential and nonresidential development shall be in conformance with the Stormwater Management Rules (N.J.A.C. 7:8) of the State of New Jersey and the New Jersey Stormwater Best Management Practices Manual published by the NJDEP dated April 2004 and amended thereafter. These rules set forth the required components of regional and municipal stormwater management plan and establish the stormwater management design and performance standards for new (proposed) development. The design and performance standards for new development include groundwater recharge, runoff quantity controls, runoff quality controls and Category One buffers. Details of the performance standards can be found in Subchapter 5 of the Stormwater Management Rules.
(2) 
All facilities are to be designed in a manner to retard velocities at the outfall and provide stream channel protection.
(3) 
When a natural drainage pattern is necessarily intercepted, as by a street, this shall be provided for by proper engineering means.
(4) 
All structures and land treatment practices shall conform to Standards and Specifications for Soil Erosion and Sediment Control in New Jersey, current edition.
(5) 
All water-carrying structures and/or retention areas shall be completed and stabilized prior to diversion of water to them.
(6) 
Prior to developing the surface water management plan, there shall be an inventory of the site showing all existing natural and man-made drainage related features. These shall be incorporated in the plan to the greatest possible extent in accordance with their functional capability.
(7) 
Drainageways and watercourses which normally carry or receive surface water runoff shall not be overloaded with increased runoff, sediment or other pollution resulting from disturbance of soil and vegetation incident to development, construction or other activity.
(8) 
Due consideration shall be given to the relationship of the subject property to the natural or established drainage pattern of the subwatershed(s) of which it is a part.
(9) 
Orographic lifting and rainfall shadows.
(a) 
It should be noted that a significant portion of Mount Olive Township is located at elevations of 900 feet to 1,300 feet, which can produce twenty-four-hour rainfall events greater than those identified by Rainfall Intensity Curves for Morris County.
(b) 
A generally recognized phenomena known as "orographic lifting" may produce greater rainfall values in higher elevations and rainfall shadows in areas down-wind of such highlands. The Rainfall Intensity Curves for Morris County may not take into account these phenomena.
(c) 
Published data from the National Oceanic and Atmospheric Administration indicates twenty-four-hour storm events have occurred in northern New Jersey that are 50% higher than design requirements indicated in the Rainfall Intensity Curves for Morris County. Designers of stormwater management systems in the higher-terrain areas of the Township should address these increased requirements as part of the proposed stormwater management design and are encouraged to size stormwater management systems appropriately.
F. 
Factors to guide plan review. The Township Engineer's review of the surface water management plan shall be guided by but not be limited to the following factors:
(1) 
The suitability of the applicant's proposed surface water management measures, devices and planning techniques, whether involving on-site or off-site measures, or some combination thereof, in respect to the total surface water runoff, velocities and rates of discharges which the applicant's proposed construction or land disturbance may generate.
(2) 
Existing topography, present vegetation and soil factors, subject to field verification.
(3) 
Groundwater recharge and discharge areas and wet soils, as shown on the United States Department of Agriculture Natural Resources Conservation Service Map, "Alluvial, Poorly Drained and Somewhat Poorly Drained Soils."
(4) 
Groundwater quality, as determined by chemical and biological analysis, as required by the Township Engineer.
(5) 
Soil characterization from the surface to the groundwater level.
(6) 
The quantity of available groundwater.
(7) 
Wastewater disposal and its effect on groundwater quality.
(8) 
The seasonal high groundwater table.
(9) 
The design storm.
(10) 
The natural drainage flows and patterns in the subwatersheds affected by the plan.
(11) 
Any existing land uses in both the immediate area and in the surrounding drainage region.
(12) 
Any other applicable or relevant environmental and resource protection ordinances in effect.
G. 
Implementation and enforcement.
(1) 
Building permits. No building permit shall be issued by the Building Inspector without an approval of the surface water management plan by the Township Engineer.
(2) 
Inspection.
(a) 
The applicant shall bear full and final responsibility for the installation and construction of all required surface water runoff control measures according to the provision of his approved plan and this section. The Township Engineer shall inspect the site during its preparation and development to ensure that all surface water management measures have been constructed in accordance with the provisions of the applicant's approved plan under this section.
(b) 
The Township Engineer shall make periodic site visits after project completion to assure that all parts of the plan have been complied with.
(3) 
Certificate of occupancy. No certificate of occupancy shall be issued by the Building Inspector unless and until receipt of a certification by the Township Engineer that the construction complies with the approved surface water management plan.
H. 
Special requirements for single-family dwellings. All single-family residential dwellings are exempt from the requirement in this section of submission of a surface water management plan. However, in all such dwellings, house leaders must be connected into an on-site dry well (of sufficient size to handle the discharge from the dwelling), a Township drainage facility or a Township drainageway approved by the Township Engineer. This section shall in no way be construed as limiting the power of the Planning Board to require submission of information and/or plans relating to surface water management.
[Amended 10-28-2014 by Ord. No. 22-2014]
I. 
Violations and penalties.
(1) 
Any person violating the provisions of this section shall, upon conviction thereof, be subject to a fine not exceeding $500 or imprisonment in the county jail for a term not exceeding 90 days, or both.
(2) 
Any person convicted of a violation of any provision of this section shall be liable for the cost of correcting said violation.
[Added 4-27-2010 by Ord. No. 11-2010]
A. 
Purpose. An ordinance requiring the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Township of Mount Olive so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
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 chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township of Mount Olive or other public body and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.
STORM DRAIN INLET
An opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
C. 
Prohibited conduct. No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
(1) 
Already meets the design standard below to control passage of solid and floatable materials; or
(2) 
Is retrofitted or replaced to meet the standard in Subsection D below prior to the completion of the project.
D. 
Design standard. Storm drain inlets identified in Subsection C above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see Subsection D(3) below.
(1) 
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
(a) 
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 (April 1996); or
(b) 
A different grate, if each individual clear space in that grate has an area of no more than seven square inches or is no greater than 0.5 inch across the smallest dimension. Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
(2) 
Whenever design engineers use a curb-opening inlet, 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.
(3) 
This standard does not apply:
(a) 
Where the Municipal Engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
(b) 
Where flows are conveyed through any device (e.g., end-of-pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
[1] 
A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
[2] 
A bar screen having a bar spacing of 0.5 inch.
E. 
Enforcement. This section shall be enforced by the Department of Public Works of the Township of Mount Olive.
F. 
Penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $200 for each storm drain inlet that is not retrofitted to meet the design standards.
[Amended 5-8-2001 by Ord. No. 12-2001; 11-9-2004 by Ord. No. 34-2004; 4-28-2009 by Ord. No. 8-2009]
Tree removal shall be permitted and tree replanting shall be required in all zone districts subject to the provisions of this section.
A. 
Purpose.
(1) 
The purpose of this section is to control and regulate indiscriminate and excessive removal, cutting and destruction of trees and to control indiscriminant and excessive removal, cutting, and/or destruction of trees and to control, regulate and prevent conditions that result in reduced water quality caused by increases in nonpoint source pollutants, increased rates and/or volumes of stormwater runoff, increased soil erosion, reduced air quality, increased forest fragmentation, reduced habitat availability for forest-related wildlife, and a general loss of forest ecosystem function, thus resulting in potential negative impacts to public health, safety, and welfare.
(2) 
In addition, said regulations are intended to complement the existing state, regional, and county forest protection and management regulations and initiatives including the Highlands Water Protection and Planning Act (Act), enacted on August 10, 2004. The Act covers 859,358 acres in the northwest part of the state, assigning lands therein to two land categories: the planning and preservation areas. The Township of Mount Olive is one of 88 municipalities which comprise the Highlands region. The majority of the Township, 15,865 acres (80%), falls within the more restrictive preservation area. Among the nine specific goals established by the Act for the preservation area are the following:
(a) 
Protect, restore, and enhance the quality and quantity of surface and groundwaters therein;
(b) 
Preserve extensive and, to the maximum extent possible, contiguous areas of land in its natural state, thereby ensuring the continuation of a Highlands environment which contains the unique and significant natural, scenic, and other resources representative of the Highlands region; and
(c) 
Protect the natural, scenic, and other resources of the Highlands region, including but not limited to contiguous forests, wetlands, vegetated stream corridors, steep slopes, and critical habitats for fauna and flora.
(3) 
In accordance with the Act, a Highlands Final Draft Regional Master Plan (Plan) was prepared and released in November 2007. The Plan provides a land use capability map which assigns lands in both the planning and preservation areas to one of three overlay zones: Conservation; Protection; and Existing Community. The Protection Zone covers the majority of the Township based primarily on the determination that the area in question qualifies as a forest resource area. The Protection Overlay Zone is described in the Plan as "...high resource value lands that are important to maintaining water quality, quantity, and other significant ecological processes."
(4) 
Forests within the Highlands region, of which Mt. Olive is a part, provide many essential ecosystem functions such as surface water filtration of potable water supplies, the highest rate of stormwater runoff attenuation of any upland cover type, air filtration, and critical habitat for forest-dependent wildlife that contribute to regional biodiversity. Historical and current forest losses due to changes in land development patterns and poor management activities threaten regional wildlife populations, water quality, air quality, and overall ecosystem health (Heilman et al., 2002; Ritters et al., 2003; Highlands Draft Ecosystem Management Technical Report 2007). Protection of forest communities as well as smaller-scale groupings of trees that constitute the region's forested cover is essential to the maintenance of overall ecosystem functions and values. Tree replacement to compensate for unavoidable losses can be used to enhance water and air quality, increase the functional size of existing forests, increase biological diversity, and enhance overall ecosystem function.
B. 
Compliance required. No person shall cut or remove any tree upon any land within the Township of Mount Olive unless such removal is done in accordance with regulations and provisions of this section.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
APPROVING AUTHORITY
The Planning Board of Mount Olive Township.
[Amended 8-6-2013 by Ord. No. 20-2013; 10-28-2014 by Ord. No. 22-2014]
CALIPER
Standard measure of tree size for trees to be newly planted. The measurement is taken six inches above the ground for trees four inches in diameter or less and 12 inches above the ground for trees over four inches in diameter.
CLEAR CUTTING
The removal of all standing trees on a lot or a portion of a lot.
CONSERVATION EASEMENT
The grant of a property right stipulating that the described land will remain in its natural state and precluding future or additional development or disturbance.
DIAMETER AT BREAST HEIGHT
Diameter of a tree measured 4.5 feet (forestry method) above the ground level on the uphill side for existing trees. Diameter at breast height may appear as the abbreviation "DBH" (diameter breast height).
DRIPLINE
A limiting line established by a series of perpendicular drop points marking the maximum radius of the crown of an existing tree, but not less than six feet from the trunk, whichever is greater; and within which no construction or disturbance shall occur.
REPLACEMENT TREE
A nursery-grown certified tree, properly balled, marked with a durable label indicating genus, species and variety and satisfying the standards established for nursery stock and installation thereof set forth by the American Association of Nurseryman.
SELECTIVE CUTTING
The removal of larger trees on an individual basis while leaving trees of lesser size.
SILVICULTURE
The management of any wooded tract of land to ensure its continued survival and welfare, whether for commercial or noncommercial purposes, pursuant to a plan approved by the New Jersey Forest Service.
THINNING
The removal of undesirable, competitive, diseased or damaged trees so as to cultivate and improve the development of remaining trees on the lot.
TREE
Any self-supporting woody plant which reaches a typical mature height of 12 feet or more at maturity and has a typical DBH of four inches or greater.
TREE CANOPY
The top layer or crown of mature trees.
WOODED ACRES PERMITTED FOR DEVELOPMENT
The wooded lands within a lot or tract which are not specifically excluded from development by any federal, state, county or municipal law or ordinance, deed restriction or covenant running with the lands. For purposes of this section, those lands specifically eliminated from consideration as wooded acres permitted for development include, but are not limited to, wetlands as defined by N.J.S.A. 13:9B-1 et seq.
WOODLAND MANAGEMENT PLAN
A plan prepared in accordance with criteria set forth in N.J.A.C. 18:15-2.10.
[Added 10-28-2014 by Ord. No. 22-2014]
D. 
Tree cutting or removal restricted. With the exception of the exemptions set forth in Subsection F, no person shall cut or remove, or cause to be cut or removed, any existing tree with a diameter at breast height (DBH) of six inches or greater upon any lands within the Township of Mount Olive unless the cutting or removal can be accomplished in accordance with the provisions of this section.
E. 
Tree removal and forestry management plans required.
(1) 
A tree removal plan shall be included with every application before the Planning Board for approval of a subdivision, resubdivision, site plan, planned development, conditional use or zoning variance or prior to any other development requiring tree removal or planting, except as otherwise provided in this subsection or Subsection F.
[Amended 10-28-2014 by Ord. No. 22-2014]
(2) 
Where preliminary approval of a subdivision, resubdivision, site plan or planned development has been granted, a tree removal plan must be submitted to the Planning Board, incidental with filing for final approval. Nothing in this requirement shall abrogate any vested subdivision rights acquired by preliminary approval.
(3) 
When final approval of a subdivision, resubdivision or planned development has been granted by the Planning Board but where tree removal has not yet been undertaken on the subject property, a tree removal plan shall be filed with the Board within 60 days of the passage of this section. Nothing in this requirement shall abrogate any vested subdivision rights acquired by final approval.
[Amended 10-28-2014 by Ord. No. 22-2014]
(4) 
Where a lot is proposed to be developed for use as a single-family residence and the property is not covered by an approved plan through the operation of Subsection E(1) above, the owner must submit a tree removal and replacement plan for approval in accordance with Subsection I. Plans for lots of one acre (43,560 square feet) or less must be submitted to the Director of Planning and/or administrative officer. All others must be submitted to the approving authority.
(5) 
No building permit shall be issued for the construction of any residential, commercial, industrial, recreational or community buildings or accessory buildings unless and until the developer, builder or owner files with the Director of Planning and/or administrative officer a tree removal plan and obtains approval thereof or submits a plan previously approved by the Board.
(6) 
No certificate of occupancy shall be issued unless tree removal has been in accordance with the approved plan and all trees required to be planted have been planted in accordance with the approved plan or an approved contribution has been provided in accordance with Subsection J below or a bond guaranteeing the cost for the required planting has been posted with the Township Clerk. The bond shall be in the principal sum of $250 per tree and $100 per shrub involved. The posting of a bond may be waived for applications applying to the Director of Planning under Subsection E(5) above or to the administrative officer under Subsection E(4) above.
(7) 
A forestry management plan in accordance with the standards of Subsection L herein or tree removal plan shall be filed with the Planning Board for removal of more than five trees per year on tracts in excess of one acre (43,560 square feet).
[Amended 2-28-2017 by Ord. No. 6-2017]
F. 
Exceptions. Under this section, the following trees may be removed without filing a plan:
(1) 
Any tree located on a tract of land up to one acre (43,560 square feet) in size, on which a single-family residence has already been erected and for which a valid certificate of occupancy has been issued. The tree removal must be authorized by the owner, in writing, if done by someone other than the owner.
(2) 
Any tree which is part of a nursery, garden, Christmas tree plantation or orchard, provided that the subject area is being actively used as a commercial nursery, garden, orchard or Christmas tree plantation and is not a component part of a subdivision or development for building purposes.
(3) 
Any tree which is part of a cemetery.
(4) 
Trees directed to be removed by municipal, county or state authority pursuant to law.
(5) 
Any dead or diseased tree or any tree that endangers life or property. In the case of the removal of dead or diseased trees, the dead or diseased trees shall not be turned into mulch and applied to the site, but shall be disposed of in a manner so as to not disease other trees on site.
(6) 
Trees cut as part of the operation of a tree farm, according to a forestry management plan. Owners of property subject to such a program must file with the Director of Planning or to the administrative officer under Subsection E(4) above so stating, signed by the forester developing the plan. No tree clearing will be permitted under this provision until and unless the Director of Planning or the administrative officer issues a letter authorizing the proposed removal of the trees. The Director of Planning or the administrative officer may rely on a qualified expert, including, but not limited to, the Township Engineer, a licensed landscape architect, a registered forester or a like professional with the requisite training and experience to review the forestry management plan. A minimum fee of $1,000, established in accordance with N.J.S.A. 40:55D-53.2 and with § 550-17 of this chapter, may be charged to the applicant for the purpose of conducting said review.
[Amended 2-28-2017 by Ord. No. 6-2017]
(7) 
Trees removed in the development of ponds or lakes, when supervised by the Natural Resource Conservation Service and/or the Federal or State Forestry Service. Owners of property subject to such a program must file with the Director of Planning or with the administrative officer a letter so stating, signed by the appropriate supervising agency.
(8) 
Trees removed in conjunction with the clearing of land which is actively devoted to agricultural and horticultural uses.
(9) 
Trees to be removed as part of a "woodland management plan" submitted to the Township Tax Assessor pursuant to N.J.A.C. 18:15-1.1 et seq. and filed with the Planning Department.
[Added 10-28-2014 by Ord. No. 22-2014]
G. 
Data required for tree removal and replanting plans. Every plan shall be provided on a landscape plan prepared by a registered landscape architect, approved forester or licensed professional engineer and submitted with the application for tree removal and replanting. Maps and exhibits shall provide the following:
(1) 
The Tax Map and lot and block numbers.
(2) 
The area of the tract.
(3) 
Location of existing tree canopy within the property boundaries.
(4) 
The number of trees or percent of stocking (trees per acre) and location of individual trees with a DBH equal to or greater than six inches identified by size and species within the area of development/limit of disturbance. The approving authority shall reserve the right to accept an inventory of the required information based upon an acceptable sampling method to be established between the applicant and the approving authority as a prerequisite for administrative completeness of any development application in accordance with Section M.
(5) 
Location of individual trees with a DBH equal to or greater than 10 inches identified by size and species measured 50 feet beyond the area of development/limit of disturbance.
(6) 
Location of individual existing trees and their driplines noted for preservation within the area of development/limit of disturbance identified by size and species. Where clusters of trees exist on the site or are contiguous with adjacent sites, fragmentation of the cluster shall be avoided where possible.
(7) 
Location of all required replacement trees and identification by species.
(8) 
Clear labeling of the area(s) intended for tree/vegetation removal.
(9) 
Tree protection material details and limit of disturbance line.
(10) 
Location of existing and proposed buildings/structures, parking areas, roadways and driveways.
(11) 
All bodies of open water, streams and freshwater wetlands and all existing and proposed stormwater retention and detention areas.
(12) 
Location of all existing and proposed driveways, parking areas and subsurface disposal systems.
(13) 
Location of soil stockpiles and existing and proposed utility easements.
(14) 
The general slope and topography, taken from a recognized map of such features.
(15) 
A map of locations and surrounding properties showing wooded areas.
(16) 
A grading plan.
(17) 
A schedule for tree removal and planting.
(18) 
Provision for removal of excess stumps and branches from the property.
H. 
Site protection.
(1) 
Tree protection measures and the limit of disturbance line shown on the landscape plan shall be provided in the field with snow fencing or other durable material and verified by the Township Engineer or his designee and/or Natural Resource Conservation Service official prior to soil disturbance.
(2) 
Protective barriers shall not be supported by the plants they are protecting, but shall be self-supporting. Barriers shall be a minimum of four feet high and shall last until construction is complete.
(3) 
Chain link fence may be required for tree protection if warranted by site conditions and relative rarity of the plant.
(4) 
Snow fencing used for tree protection shall be firmly secured along the dripline, but shall be no less than six feet from the trunk.
(5) 
No soil stockpiling, storage of building materials, construction equipment or vehicles shall be permitted within the dripline or within six feet of any remaining trees, whichever is greater.
(6) 
Any clearing within the dripline, or within six feet of the trunk of a remaining tree, whichever is greater, shall be done by hand-operated equipment.
(7) 
Where a tree that has been noted for preservation is severely damaged and unable to survive, tree replacement shall occur as provided in Subsection I.
I. 
Tree replacement and reforestation.
(1) 
The replacement of removed trees shall occur as prescribed below or in an alternative reforestation plan subject to review and approval by the reviewing authority:
(a) 
The replacement requirement for trees removed to facilitate the construction of a residential dwelling on an existing lot or for a minor residential subdivision in accordance with the applicable zone district shall be on a one-for-one basis.
[Amended 2-28-2017 by Ord. No. 6-2017]
(b) 
Tree Replacement Schedules A and B.
[1] 
For all groups of trees whose collective canopies are estimated to cover one acre or more, estimate the number of trees to be removed and use the replacement formula in Tree Replacement Schedule A to calculate the quantities of trees and shrubs required for replacement.
Schedule A
Tree Replacement
Quantity Per Acre
Size
(minimum)
50
2.5"-3" caliper B&B trees
50
1" caliper B&B trees
100
6-9' whips (container grown 3 gal.+ trees)
100
3 gal. shrubs
See specification
Native shortgrass/wildflower mix*
*
The native shortgrass meadow mix is used in conjunction with the tree and shrub replacements to provide soil stabilization on areas greater than 0.02 acres. Alternate seed specifications can be accepted but are subject to review and approval by the reviewing authority.
[2] 
For all groups of trees whose collective canopies are estimated to cover less than one acre, provide estimate of the number of trees to be removed and use the replacement formula in Tree Replacement Schedule B to calculate the quantities of trees required for replacement.
Schedule B
Tree Replacement
Caliper of Existing Tree Removed
Number of Replacement Trees
(minimum 3" caliper)
Between 6" and <10"
3
Between 11" and <18"
4
Between 19" and <24"
5
Between 25" and <30"
7
Between 31" and <35"
10
36" and greater
DBH of removed tree divided by 3
(2) 
The type of replacement tree(s) and shrubs shall be the same as the species originally found on the site, if replacement is to take place on the same site in similar soils with similar slope and aspect. If replacement is to take place off site, the composition of replacement trees and shrubs shall include native species found in the forest ecotype typical of the soils, slope and aspect of the replacement site. For replacement of forest interior or "climax" species such as eastern hemlock and American beech, and where such replacement will take place in relatively full-sun locations (e.g., a field edge on the south side of an existing woodlot) substitute early successional species (appropriate to the soil type) such as white pine, eastern red cedar, oaks and hickories that are tolerant of these conditions. Similarly, use early successional shrubs where use of forest understory shrubs is inappropriate.
(3) 
The planting of all replacement trees shall be done by or supervised by a person with horticultural training in tree care and planting methods.
(4) 
Newly planted replacement trees shall be monitored for a period of two years to ensure the health of the trees. If the replacement trees die within the two-year period, the developer/applicant shall replace the dead tree.
J. 
Tree banking.
(1) 
The approving authority or the administrative officer in the case where Subsection E(4) is applicable shall have at its discretion the option of permitting a contribution of equivalent value and/or tree plantings off tract in lieu of replacement plantings on site where the applicant can demonstrate that replanting on the development site is impractical due to existing undisturbed wooded areas or environmental constraints, including, but not limited to, freshwater wetlands, slopes in excess of 25%, streams, rivers or bodies of open water. The applicant shall bear the burden of demonstrating that such alternate measures are necessary. A report by a licensed landscape architect, professional engineer or registered forester shall accompany any such request. Equivalent value shall be based upon the current edition of the publication known as the "Guide For Plant Appraisal" published by the International Society of Arboriculture or a similar recognized academic and/or industry source.
(2) 
Funding for trees deposited into the community tree bank shall be utilized for planting in accordance with the ranking schedule set forth in Subsection J(3), subject to the approval by the Township Council. Recommendation may also be provided by the administrative officer where Subsection E(4) is applicable.
[Amended 8-6-2013 by Ord. No. 20-2013]
(3) 
The ranking system set forth in Subsection J(3)(a) through (d) is intended to guide the Township Council with regard to the expenditure of funds from the community tree bank for the purpose of reforestation and replanting efforts. The Council may utilize Figures 20 and 21 entitled "Land Use/Land Cover" and "Open Space and Preserved Land," respectively, in the Mount Olive Township Natural Resource Inventory adopted by the Planning Board on January 18, 2007,[1] as a component element of the Township's Master Plan for this purpose.
(a) 
Public open space or land utilized for public uses, as defined in § 550-5, where they can be added to increase the acreage of existing forest;
(b) 
Private land within existing or proposed conservation easement where they can be added to increase the acreage of existing forest;
(c) 
Public or private land as in Subsection J(3)(a) and (b) above to create "new" forest;
(d) 
Public land where they will be used for ornamental purposes.
[1]
Editor's Note: Said figures are on file in the Township offices.
(4) 
All tree banking funds shall be deposited in a separate, interest-bearing Community Tree Bank Trust Fund. Said funds shall be used exclusively to implement the reforestation and planting objectives set forth in Subsection J(3) of this section.
(5) 
A permanent record in the form of reports, plans, maps, photographs or other similar documentation shall be maintained of each project funded, in whole or in part, by the Community Tree Bank Trust Fund. Said record shall be maintained by the Township Clerk and the Secretary to the Planning Board. An annual report on the status of the Fund and reforestation and planting projects shall be provided to the Township Council and the Planning Board by the Director of Planning and/or the Planning Administrator.
K. 
Conservation easements. The approving authority shall reserve the right to require a conservation easement to protect preserved tree areas and new plantings in any site plan or subdivision. If private land is utilized for reforestation and/or new plantings pursuant to the tree bank provisions set forth in Subsection J(3) of this section, the Township Council shall reserve the right to require a conservation easement as a condition of approval for the project.
L. 
Data required for forestry management plan. Every forestry management plan submitted for approval shall include the following:
(1) 
The Tax Map and lot and block numbers.
(2) 
The area of the tract.
(3) 
The location of trees or wooded areas.
(4) 
The species involved.
(5) 
A map showing the number of trees to be harvested, the location of the proposed loading dock, staging areas, area to be harvested and streams with crossings.
(6) 
A schedule for tree removal and planting.
M. 
Criteria for plan approval and compliance.
(1) 
Tree removal shall be limited to the building footprint and a reasonable and customary distance surrounding the building footprint to accommodate construction activities.
(2) 
Trees may be removed where the proposed paved portion of a parking area is planned. In off-street parking areas, other than for a single residential dwelling, islands of trees must be left in the manner provided for by § 550-56 of this chapter. No paving of any impervious nature shall be placed around the base of the trunk of the tree within 10 feet, and the grade shall be such that drainage of rainwater will keep the root area watered without pooling or exceeding the requirements of the species. If it can be demonstrated that improved vehicular or pedestrian circulation will result or if an improved site design can be accomplished by reducing the ten-foot distance for impervious coverage, the approving authority may permit an alternate design to allow trees to be encompassed within smaller curbed islands. Excess water shall be admitted to dry wells or storm sewers on the parking lot or drained by acceptable means.
(3) 
Trees may be removed in private rights-of-way and driveways within 10 feet of each side of the planned paved area. Alignment of the driveways should be planned to save as many trees as possible.
(4) 
If no area other than a wooded area or area with trees can be found to accommodate the sewage system and disposal field meeting the approval of the Sanitary Inspector, necessary tree removal shall be permitted.
(5) 
Where more than three inches of fill is required around trees, the trees must be protected by an air well six feet in diameter or as needed around the trunk to prevent the intrusion of soil. Tile pipe must radiate like spokes from the well to provide oxygen to the roots. The top of the well must extend six inches above the graded level. If the tree is of a species that will eventually die due to root disturbance or change in drainage or the owner prefers to remove the tree, it may be removed and replaced with another tree from the preferred trees in another or the same area after the fill has stabilized.
(6) 
Any grading must protect standing trees from machine operation, soil storage or material storage by a distance equal to or greater than the dripline of the tree. Any tree damaged must be replaced.
(7) 
Any tree used in a required planting or to replace a damaged tree must be at least 2 1/2 inches in diameter measured 4 1/2 feet from the ground (DBH) and must be nursery stock, balled and burlapped.
(8) 
A buffer zone of trees and shrubs shall be established according to the requirements of § 550-36 of this chapter.
(9) 
Cluster development, commercial development and industrial development shall consider the use of treeless areas, if possible, for building sites. If it is necessary to develop wooded areas or remove trees for proposed building sites in the case of such developments, the approving authority may require tree planting in treeless areas, if feasible.
(10) 
Trees in the area between the street line and the setback line of the buildings shall be preserved to the greatest extent possible.
(11) 
Tree removal from any slope or environmentally sensitive area is prohibited if it will contribute, in the opinion of the approving authority, to extra runoff of surface water onto adjoining property and erosion and silting, unless other means approved by the Natural Resource Conservation Service are provided to prevent runoff and erosion.
(12) 
No tree removal is permitted that will expose vacant land, backs of existing billboards, utility substations, transmission towers, warehouses, junkyards, landfill operations and other similar structures or operations, except where trees are dead or diseased and/or endanger life or property. However, vacant land may be exposed if it is necessary to remove trees for building sites or sewerage sites and if more aesthetic values are established.
(13) 
No healthy tree that is special by virtue of history, unusual size or age or of a rare species shall be removed, except as may be required for the protection of health, safety or public welfare.
(14) 
No trees on public rights-of-way, parks or public areas are to be removed by private individuals or utilities, except as approved by the approving authority. The removal of trees shall not be permitted from the established road right-of-way unless trees are dead or diseased or endanger life or property or a letter of approval is obtained from the Township Council.
(15) 
Trees may be removed to clear for soil removal or landfill, provided that the same amount of wooded area or the same number of trees is replaced according to an approved plan. If the finished operation is planned to be used for other development, the replacement of trees shall be a part of the subdivision plan or a site plan submitted for approval by the approving authority.
(16) 
Unless proven necessary, staging areas shall not be closer than 150 feet to any public road center. "Necessary" shall mean that no other area is available due to topography, soil conditions or unfavorable effect on the woodlot is certified by the consulting forester. The loading of trucks is permitted at the roadside, and a loading area must be constructed off the roadway, where possible. After the cutting operation is complete, any road modifications and changes in the right-of-way must be restored.
N. 
Sampling.
(1) 
For projects involving removal of less than 0.5 acre of trees, each tree larger than six inches DBH should be identified and recorded. The replacement formula in Section I herein is then applied to determine the number of replacements required.
(2) 
For projects involving the removal of one acre of trees or more, the applicant may use a stratified random sampling procedure to determine the estimated quantities and size distribution of trees to be removed.
(a) 
Stratified random sample: Identify individual stands [i.e., a group trees representing a single age class and forest type (e.g., mature northern hardwoods)] of trees that will be removed. Randomly sample from within each identified stand using standard forestry practices to determine the estimated quantities and size distribution of trees to be removed. The proposed sampling procedure must be acceptable to the reviewing authority. If the applicant is not using the services of a licensed forester and so chooses, the reviewing authority can provide a recommended sampling procedure.
O. 
Tree removal criteria. In addition to the design requirements stated above, the Director of Planning or the administrative officer may issue a tree removal permit based upon one or more of the following circumstances:
(1) 
Where the location of an existing tree provides no other alternative but to place a structure outside the permitted building setbacks.
(2) 
Where the location of an existing tree negatively impacts on an existing septic field.
(3) 
Where no other alternative exists for the placement of a building, building addition, structure, septic field, driveway, deck, patio or lawn area for the recreational use by the inhabitants of the building or dwelling, or any other authorized improvements, but in the vicinity of an existing tree.
(4) 
Where the location or growth of a tree inhibits the enjoyment of any outdoor pool, patio or deck.
(5) 
Where the location, angle or growth of an existing tree makes it a hazard to structures or human life.
P. 
Protection of trees. Whenever an application for tree removal is granted under the terms and conditions of this section, the following protective measures shall be observed:
(1) 
No material or temporary soil deposits shall be placed within the dripline of any existing tree to be preserved.
(2) 
Except while engaged in tree removal, no equipment shall be operated within six feet of any tree protected by this section nor shall such equipment be operated at any time in such a manner as to break, tear, bruise, decorticate or otherwise injure any living or dormant tree.
Q. 
Permit approval. The Director of Planning and/or Planning Administrator shall establish a permit application pursuant to Subsection O of this section.
R. 
Duration of permits. Permits granted for the removal of trees under the terms and conditions of this section shall run with the land and shall remain in force and effect for the following periods of time, and not thereafter. Once the permit has expired, a new application must be submitted for review and a new permit issued.
(1) 
One year from the date of issuance if granted for a lot or parcel of land for which no building permit is required.
(2) 
Until expiration of the building permit granted with such tree removal permit if granted for a lot or parcel of land for which a building permit is required, but for which no site plan approval is required by the approving authority.
(3) 
Until expiration of the site plan approval, or expiration of the building permit issued after such site plan approval if granted for a lot or parcel of land for which site plan approval from the approving authority is required as a condition precedent to obtaining a building permit.
(4) 
One year from the date of granting such minor subdivision if granted for a lot or parcel of land for which minor subdivision is sought.
(5) 
Until expiration of an approval granted for a lot or parcel or land for which preliminary approval of a major subdivision is sought.
S. 
Inspection.
(1) 
Prior to any tree removal, all trees must be marked and areas to be cleared identified for inspection by the Director of Planning and/or the Township Engineer.
(2) 
The Township Engineer or his designee shall periodically inspect the site throughout the duration of construction in order to ensure compliance with this section. Such inspection shall be made of the site referred to in the application and, to the extent possible, of contiguous and adjoining lands, as well as of lands in the vicinity of the application, for the purpose of determining drainage conditions and physical conditions existing thereon.
T. 
Notice of commencement of tree removal.
(1) 
The holder of a tree removal permit shall notify the Director of Planning or the administrative officer in writing at least four business days in advance of when the tree removal activity will commence.
(2) 
The notice shall also include information as to the manner of disposal of the removed trees.
U. 
Fees. Fees shall be in accordance with § 550-17 and with Subsection F in this section.
V. 
Enforcing officer. The Director of Planning and/or the Township Engineer shall be the enforcing officer for all plans approved by the approving authority. The administrative officer shall be the enforcing officer for all plans approved pursuant to Subsection E(4) of this section.
W. 
Violations and penalties. Any person violating any of the provisions of this section shall be subject to a fine not to exceed $1,000 or to imprisonment for a term not to exceed 90 days, or both, upon conviction, in the discretion of the judicial officer before whom such matter is heard. If the violation is of a continuing nature, each day which it continues shall constitute an additional, separate and distinct offense.
A. 
In all subdivisions classified as major subdivisions, if a public water system is presently available within a reasonable distance from said subdivision, the developer shall install water lines and provide for the connection of the same to the public water system.
B. 
If no public water system is available, all major subdivisions of 15 lots or more shall comply with one of the following, according to the direction of the reviewing board with the recommendations of the Township Engineer:
(1) 
The developer shall install dry water lines, which lines shall be, in the future, used by the development for connection to the public water system when such public water system becomes available; or
(2) 
The developer shall install a water system to serve the development, which water system shall meet all the requirements and obtain all approvals of the State Department of Environmental Protection. All costs associated with applications, permits, hearings and approvals shall be borne by the developer.
C. 
Any water lines and/or water systems installed pursuant to this section shall be dedicated by the developer to the Township of Mount Olive upon approval by the State of New Jersey and certification of completion by the Township Engineer. Such dedication shall be in the form acceptable to the Township Attorney.
D. 
The reviewing board is authorized to waive the requirements of Subsections A through C upon the showing that compliance with the aforesaid sections will create an undue hardship. In such cases, the installation of individual wells will be allowed, and the development shall meet all state and local statutes and ordinances regarding the installation of the same.
[Added 9-21-2010 by Ord. No. 22-2010]
A. 
Statement of findings. The governing body of the Township of Mount Olive finds that:
(1) 
The groundwater underlying this municipality is a major source of existing and future water supplies, including drinking water. The groundwater underlying this municipality lies within several bedrock aquifers within the Township consisting of the Flanders Valley Aquifer, the Buried Valley Aquifer and the Green Pond Conglomerate Aquifer systems. These areas are defined in detail in Section 2.8 of the "Township of Mount Olive Natural Resource Inventory," dated October 2006.
(2) 
The groundwater aquifers are integrally connected with, are recharged by, and flow into the surface waters, lakes and streams, which also constitute a major source of water drinking, commercial and industrial needs.
(3) 
Spills and discharges of toxic or hazardous materials may contaminate or pollute groundwater supplies and related water sources.
(4) 
Contaminated water from any source is a detriment to the health, welfare and comfort of the residents of this municipality and other users of these water resources.
B. 
Purpose. The purpose of this section is to protect the public health, safety and welfare through the protection of the groundwater resources underlying the municipality to ensure a supply of safe and healthful drinking water for the present and future generations of local residents, employees and the general public in this municipality, as well as users of these water supplies outside this municipality. Areas of land surrounding each public community well and nontransient noncommunity well, known as wellhead protection areas (WHPAs), from which contaminants may move through the ground to be withdrawn in water taken from the well have been delineated. Through regulation of land use, physical facilities, placement of toxic and hazardous materials, and other related activities within these areas, the potential for groundwater contamination can be reduced and any such contamination can be more readily found and remediated before reaching a public well. The purpose of the regulations contained in this section is to protect public community wells and public nontransient noncommunity wells from contamination.
C. 
Statutory authority. The municipality of the Township of Mount Olive is empowered to regulate these activities under provisions of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 Et seq., which authorizes each municipality to plan and regulate land use to secure a safe and adequate drinking water supply for its residents. Under provisions of the Underground Storage of Hazardous Substances Act, N.J.S.A. 58:10A-21 et seq., a municipality may adopt, with state approval, a municipal ordinance that is more stringent than N.J.A.C. 7:14B but is obligated to ensure the provisions of the ordinance are not carried out in a manner that is inconsistent with N.J.A.C. 7:14B. The Board of Health of this municipality has autonomous power granted by the State Legislature to develop this section to protect public health, safety and welfare, as set forth in the New Jersey Local Boards of Health Law, N.J.S.A. 26:3-1 et seq., and the New Jersey County Environmental Health Act, N.J.S.A. 26:3A2-21 et seq.
D. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADMINISTRATIVE AUTHORITY
The Planning Board and the Board of Health acting jointly and in consultation, with all of the powers delegated, assigned, or assumed by them according to statute or ordinance.
APPLICANT
Person applying to the Board of Health, Planning Board or the Construction Office and proposing to engage in an activity that is regulated by the provisions of this section, that would be located within a regulated wellhead protection area.
AQUIFER
A formation, group of formations, or part of a formation that contains sufficient saturated permeable rock, sand, or gravel which is capable of storing and transmitting usable quantities of water to wells and springs.
BEST MANAGEMENT PRACTICES (BMP)
Performance or design standards established to minimize the risk of contaminating groundwater or surface waters while managing the use, manufacture, handling or storage of hazardous substances or hazardous wastes.
CONTAMINATION
The degradation of natural water quality so that the water is not suitable for human consumption.
DEVELOPMENT
Any construction, reconstruction, alteration of surface or structure or change in the nature or intensity of land use.
DISCHARGE
Any intentional or unintentional action or omission, unless pursuant to and in compliance with the conditions of a valid and effective federal or state permit, resulting in the releasing, spilling, pumping, emitting, emptying or dumping of a hazardous substance into the waters or lands of the state or into waters outside the jurisdiction of the state when damage may result to the lands, waters or natural resources within the jurisdiction of the state.
GROUNDWATER
Water contained in interconnected pores of a saturated zone in the ground that is available for wells and springs. A saturated zone is a volume of ground in which the voids in the rock or soil are filled with water.
HAZARDOUS SUBSTANCE
Any substance designated under 40 CFR 116 pursuant to Section 311 of the Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act) (Public Law 92-500; 33 U.S.C. § 1251 et seq.), the Spill Compensation and Control Act, N.J.S.A. 58:10-23.1 et seq.,[1] or "hazardous pollutant" as defined by the New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-1 et seq.). Substances listed include petroleum, petroleum products, pesticides, solvents and other substances.
HAZARDOUS WASTE
Any solid waste that is defined or identified as a hazardous waste pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E et seq., N.J.A.C. 7:26-8,[2] or 40 CFR Part 261.
MAXIMUM CONTAMINANT LEVEL (MCL)
Maximum permissible level of a contaminant in water measured at the point of entry to the distribution system or at the free-flowing outlet of the ultimate user of a public water system or other water system to which state primary drinking water regulations apply. Any contaminant added to the water under circumstances controlled by the user, except a contaminant resulting from corrosion of piping and plumbing caused by water quality, is excluded from this definition. (New Jersey Safe Drinking Water Act, N.J.A.C. 7:10)
NJDEP
New Jersey Department of Environmental Protection.
PERSON
Any individual, public or private corporation, company, partnership, firm, association, owner or operator, political subdivision of this state, and any state, federal or interstate agency or an agent or employee thereof.
POLLUTED WATER
Drinking water exceeding a federal and/or state maximum contaminant level (MCL).
POTENTIAL POLLUTANT SOURCE (PPS)
An activity or land use which may contribute to contamination of a source of drinking water. For the purposes of this section, potential pollutant sources are defined in Subsection G.
PUBLIC COMMUNITY WELL
A public water supply well which services at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.
PUBLIC NONTRANSIENT NONCOMMUNITY WELL
A public water supply well that is not a public community well and that regularly serves at least 25 of the same persons for more than six months in any given calendar year.
SOLE-SOURCE AQUIFER
Any drinking water aquifer upon which more than 50% of a population group depends and for which there is no practicable or affordable alternate water supply.
TIER 1 WELLHEAD PROTECTION AREA
That area of land within a WHPA from which groundwater may enter the well within two years. (See maps referenced under Subsection E.)
TIER 2 WELLHEAD PROTECTION AREA
That area of land within a WHPA from which groundwater may enter the well within five years. (See maps referenced under Subsection E.)
TIER 3 WELLHEAD PROTECTION AREA
That area of land within a WHPA from which groundwater may enter the well within 12 years. (See maps referenced under Subsection E.)
TIME OF TRAVEL (TOT)
The average time that a volume of water will take to travel in the saturated zone from a given point to a pumping well.
WELLHEAD
The well borehole and appurtenant equipment.
WELLHEAD PROTECTION AREA (WHPA)
An area described in plan view around a well, from which groundwater flows to the well and groundwater pollution, if it occurs, may pose a significant threat to the quality of water withdrawn from the well.
[1]
Editor's Note: N.J.S.A. 58:10-23.1 et seq. was repealed by L. 1976, c. 141, § 28, effective 4-1-1977. See now N.J.S.A. 58:10-23.11a et seq.
[2]
Editor's Note: N.J.A.C. 7:26-8 was repealed by R. 1996, d. 500, effective 10-21-1996.
E. 
Establishment of wellhead protection areas and maps.
(1) 
Wellhead Protection Area Map:
(a) 
The delineations of wellhead protection areas for public community wells and public nontransient noncommunity wells, which were published by the New Jersey Geological Survey and the New Jersey Department of Environmental Protection, are incorporated herein and made a part of this section. The Department of Environmental Protection will periodically update the WHPA maps and these maps, published by the New Jersey Geological Survey, will be available at the website www.state.nj.us/dep/njas/geodata/. The most recent WHPA maps available through the New Jersey Geological Survey should replace the maps used for reference in this section. A map of the wellhead protection areas located within the Township of Mount Olive is included in the "Mount Olive Township Natural Resource Inventory, dated October 2006," Figure 9, entitled "wellhead protection areas." The Mount Olive Township Natural Resource Inventory which includes the wellhead protection areas shall be on file and maintained by the Office of the Clerk of the Township of Mount Olive.
(b) 
Wellhead protection areas, as shown on the maps described in Subsection E(1)(a), or as periodically updated and delineated by the Department of Environmental Protection and published by the New Jersey Geological Survey, shall be considered to be superimposed over any other established zoning district. Land in a wellhead protection area may be used for any purpose permitted in the underlying district, subject to the additional restrictions presented herein.
(2) 
Assignment of restrictions within wellhead protection areas. Properties located wholly or partially within a wellhead protection area shall be governed by the restriction applicable to the more restrictive well-head protection area tier, if partially within one or more tiers.
(3) 
Inclusion of wellhead protection area zoning into Master Plan. The municipal Master Plan provides the legal basis for zoning and land use regulation at the local level. The technical foundation for local wellhead protection in this municipality should be incorporated into the Master Plan. A technical report on the need for wellhead protection in the Township of Mount Olive may be adopted as part of the Master Plan [N.J.S.A. 40:55D-28b(11)]. The technical report should include the following information:
(a) 
A statement setting forth the rationale and need to protect the public water supply though a program of wellhead protection for public community wells and public nontransient noncommunity wells.
(b) 
Reference to the method used to delineate the wellhead protection areas according to the "tiered" level of protection for public community wells and public nontransient noncommunity wells based upon the time of travel for groundwater, as developed by the New Jersey Geological Survey.
F. 
Regulation of wellhead protection areas for public wells.
(1) 
The administrative authority for administering the provisions of this section shall be the Planning Board and the Board of Health of the Township of Mount Olive acting jointly and in consultation.
(2) 
Any applicant for a permit requesting a change in land use or activity which is subject to review under the provisions of the Municipal Land Use Law and other pertinent regulations of the Township of Mount Olive and which is located within a delineated WHPA as defined in Subsection E, and involves a potential pollutant source as defined in Subsection G, shall comply with the requirements of this section.
(3) 
Any applicant for a permit requesting a change in land use or activity, which is subject to the requirements of this section, shall file an operations and contingency plan, as required by Subsection I, with the administrative authority. No permit that allows a change in land use or activity, which is subject to the requirements of this section, shall be granted unless and operations and contingency plan for the proposed change has been approved by the administrative authority. Any plan approved by the administrative authority shall be kept on file in the office of the Planning Administrator of the Township of Mount Olive and shall be available to the public for inspection.
(4) 
Any change in land use or activity that introduces a major or minor potential pollutant source, as defined in Subsection G, shall be prohibited within a Tier 1 WHPA.
(5) 
Any change in land use or activity that introduces a major PPS, as defined in Subsection G, shall be prohibited within a Tier 2 WHPA.
(6) 
Any change in land use or activity that involves any major or minor PPS, as defined in Subsection G, within any WHPA, that is not prohibited pursuant to Subsection F(4) or (5), shall comply with the best management practice standards, as defined in Subsection H.
(7) 
This section is supplementary to other laws and ordinances in this municipality. Where this section or any portion thereof imposes a greater restriction than is imposed by other regulations, the provisions of this section shall supersede. These rules and regulations shall in no way affect the limitations or requirements applicable in the underlying municipal land use and zoning districts.
(8) 
The use limitations noted herein shall be considered as limitations stipulated in the permitted list of uses in each zone. The activities regulated herein shall be considered limitations accessory to permitted uses in each zone.
G. 
Potential pollutant sources listed.
(1) 
The following are major and minor potential pollutant sources subject to the requirements of this section. These listings are consistent with the New Jersey Safe Drinking Water Act regulations [N.J.A.C. 7:10-11.4(a)4].
(a) 
Major potential pollutant sources include the types of facilities and land uses listed in Appendix A.[3]
[3]
Editor's Note: Appendix A is included as an attachment to this chapter.
(b) 
Minor potential pollutant sources include the types of facilities and land uses listed in Appendix B.[4]
[4]
Editor's Note: Appendix B is included as an attachment to this chapter.
(2) 
The administrative authority of the Township of Mount Olive may determine whether any other proposed change in land use or activity is of sufficient risk to the water supply to be considered a Major or Minor Pollutant Source.
H. 
Best management practice performance standards.
(1) 
Any applicant proposing any change in land use or activity that involves any major or minor PPS as defined in Subsection G, which would be located either wholly or partially within any WHPA, shall demonstrate that he or she has applied for all required state permits or control documents. No final approvals under the authority of the Municipal Land Use Law shall be issued until all required state permits or control documents are issued final. Underground storage tanks regulated at N.J.A.C. 7:14B shall also be operated in a manner consistent with N.J.A.C. 7:14B.
(2) 
Any new or modified activity that involves a major or minor PPS located wholly or partially within any WHPA shall comply with and operate in a manner consistent with the following best management practices:
(a) 
All portions or areas of a facility in which hazardous substances or hazardous wastes are stored, processed, manufactured or transferred outdoors shall be designed so that the discharges of hazardous substances will be prevented from overflowing, draining, or leaching into the groundwater or surface waters.
(b) 
Outdoor storage dispensing, loading, manufacturing or processing areas of hazardous substances or hazardous wastes must be protected from precipitation, stormwater flows or flooding.
(c) 
Wherever hazardous substances are stored, processed, manufactured or transferred outdoors, the design features shall include secondary containment and/or diversionary structures which may include but not be limited to:
[1] 
Containers, dikes, berms or retaining walls sufficiently impermeable to contain spilled hazardous substances for the duration of a spill event.
[2] 
Curbing.
[3] 
Gutter, culverts and other drainage systems.
[4] 
Weirs, booms and other barriers.
[5] 
Lined diversion ponds, lined lagoons and lined retention basins, holding tanks, sumps, slop tanks and other collection systems.
[6] 
Drip pans.
(d) 
Secondary containment and/or diversionary systems, structures or equipment must meet the following standards:
[1] 
The system must block all routes by which spilled hazardous substances could be expected to flow, migrate, or escape into the groundwater or surface waters.
[2] 
The system must have sufficient capacity to contain or divert the largest probable single discharge that could occur within the containment area, plus an additional capacity to compensate for any anticipated normal accumulation of rainwater.
[3] 
In order to prevent the discharge of hazardous substances into groundwater, all components of the system shall be made of or lined with impermeable materials sufficient to contain the substance for the duration of a spill event. Such material or liner must be maintained in an impermeable condition.
[4] 
No manufacturing area, processing area, transfer area, dike storage area or other storage area, or secondary containment/diversion system appurtenant thereto shall drain into a watercourse or into a ditch, sewer, pipe or storm drain that leads directly or indirectly into a surface or subsurface disposal area, unless provision has been made to intercept and treat any spilled hazardous substances in an NJDEP-approved industrial wastewater or pretreatment facility, or other NJDEP-approved facility.
[5] 
Catchment basins, lagoons and other containment areas that may contain hazardous substances should not be located in a manner that would subject them to flooding by natural waterways.
(e) 
Stormwater shall be managed so as to prevent contamination of groundwater and so as to be in accordance with applicable laws and regulations of the State of New Jersey and of the Township of Mount Olive.
I. 
Operations and contingency plan.
(1) 
An applicant proposing a change in land use or activity that involves a PPS, as defined in Subsection G, that would be located either wholly or partially within any WHPA shall submit an operations and contingency plan to the administrative authority. This operations and contingency plan shall inform the administrative authority about the following aspects of the proposal:
(a) 
Types of PPS proposed for the site;
(b) 
Types and quantities of hazardous substances or hazardous wastes that may be used or stored on site;
(c) 
Means to be employed to contain or restrict the spillage or migration of hazardous substances or hazardous wastes from the site into groundwater;
(d) 
Means to be used to remediate accidental spillage of such materials;
(e) 
Means to notify the administrative authority about any accident spillage of such materials;
(f) 
Demonstration that the proposed use and/or activity would employ, to the maximum extent possible, Best Manager Practices as set forth in Subsection H to protect groundwater contamination.
(2) 
The administrative authority shall review and approve any operations and contingency plan prior to final approval of the application for a land use change or activity.
(3) 
Any operations and contingency plan submitted shall be available for public review and comment.
J. 
Enforcement. A prompt investigation shall be made by the appropriate personnel of the Engineering Office in conjunction with the Board of Health of the Township of Mount Olive of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this section is discovered, a civil action in the Special Civil Part of the Superior Court, or in the Superior Court if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, may be initiated by the filing and serving of appropriate process. Nothing in this section shall be construed to preclude a municipality's right, pursuant to N.J.S.A. 26:3A2-25, to initiate legal proceedings hereunder in Municipal Court. The violation of any section or subsection of this section shall constitute a separate and distinct offense independent of the violation of any other section or subsection, or of any order issued pursuant to this section. Each day a violation continues shall be considered a separate offense.
K. 
Nonconforming regulated activities.
(1) 
An otherwise lawful usage or activity which exists at the time of the effective date of this section that does not conform to this section shall be considered an allowed nonconforming activity and may continue.
(2) 
No allowed nonconforming activity shall be expanded, enlarged or modified in any way which is deemed by the Zoning Officer, in conjunction with the Board of Health of the Township of Mount Olive, to increase its threat to groundwater or otherwise contravene the purposes and intent of this section.
(3) 
In the event that an allowed nonconforming activity is stopped, suspended or abandoned for a period of 12 months or longer, the activity shall permanently desist and shall be subject to the requirements of this section.
(4) 
Notwithstanding the foregoing, if any allowed nonconforming activity is found to pose an imminent health hazard or threat to the municipality's water supply, it shall be deemed a violation of this section.
[Added 10-17-2017 by Ord. No. 21-2017]
A. 
Outdoor dining as an accessory use in the C-1, C-2, C-LI, and the FTZ-1, 2, 3, and 4 Districts shall conform to the following standards:
(1) 
Outdoor dining shall be operated and maintained by the same person or entity that operates and maintains the eating establishment.
(2) 
The number and placement of tables and chairs as well as any other equipment and/or fixtures shall be arranged to ensure public health and safety including compliance with ADA standards, avoidance of congestion, and maintenance of appearance.
(3) 
The grounds where outdoor dining is conducted shall be clean and free of litter and shall be washed on a regular basis.
(4) 
Outdoor lighting shall be in accordance with the requirements of § 550-53 of this chapter.
(5) 
No outdoor dining is permitted within a public right-of-way.
(6) 
Outdoor dining situate on a sidewalk adjacent to the eating establishment which is not within a public right-of-way may be permitted provided that a minimum clear space pathway of at least four feet is maintained on the sidewalk for pedestrian flow.
(7) 
Only tables, chairs, and umbrellas, and other temporary furnishings or equipment used in conjunction with the operation of an outdoor dining area may remain in the outdoor dining area after hours of operation as established herein and shall be properly secured in place or stored within the eating establishment.
(8) 
Nonpermanent decorative fencing and planters may be used to demarcate the limits of the outdoor dining area.
(9) 
Compliance with all state and local requirements for sale and consumption of alcoholic beverages within the outdoor dining areas, where applicable.
(10) 
Outdoor food preparation and/or cooking shall be permitted subject to review and approval by the Mount Olive Health Department and/or the Mount Olive Board of Health.
(11) 
Any outdoor sound systems shall operate in compliance with Chapter 266 of the Township Code.
(12) 
Outdoor tables and seating shall not require additional parking beyond that required of the eating establishment based upon interior tables and seating.
(13) 
Review and approval with Township Health Department and/or Mount Olive Board of Health requirements as a prerequisite for issuance of zoning permit.
(14) 
A one-time zoning permit shall be required for outdoor dining. The Zoning Officer and Health Officer shall review said permit on an annual basis to verify compliance with the standards set forth herein and in accordance with the provision of the zoning permit. No additional fee will be required for said annual review; however, failure to comply with the provisions of this section and with those of the zoning permit may result in termination of original permit.
(15) 
An eating establishment located within a shopping plaza or a shopping center as those terms are defined in § 550-5 of this chapter shall require authorization of the owner(s) of said plaza or center in addition to the owner(s) of the eating establishment for issuance of zoning permit.