[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.
(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.[1]
[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.
[1]
Editor's Note: See N.J.S.A. 40:55D-28.
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 to 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:
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 berm a minimum of three
feet in height, wall or row of plantings shall be required.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 or 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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:
F.
Signs. One freestanding sign and one wall-mounted sign may be permitted
per car wash facility.
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.
[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 is 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 100-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.
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 dams 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:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 the driveway entrance
or exit shall, where possible, connect to the less trafficked street.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 § 550-75M(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
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]
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-five-foot easement granted to the Township of Mount Olive as provided in this Chapter 550, Land Use, of the Code of the Township of Mount Olive.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 Division of Engineering,
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.
(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 Division of Engineering
and the Division of Water 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 Department of Public Works
at least 48 hours prior to the desired test and shall be accompanied
by a fee of $25 per test.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Identification and markings. All public and private fire hydrants
shall be painted in accordance with the following schedule:
(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 penalty as provided in § 550-3.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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.
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 firefighting purposes.
This shall include access to a public street suitable for use by firefighting
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 are 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, which 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; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
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 subject to a penalty as provided in § 550-3, 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
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 licensed professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Subsection K.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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.
(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.
[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 manufactured home, with two additional ties
per side at intermediate locations, with manufactured homes less than
50 feet long requiring one additional tie per side.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[b]
Frame ties shall be provided at each corner of
the home, with five additional ties per side at intermediate points,
with manufactured homes less than 50 feet long requiring four additional
ties per side.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[c]
All components of the anchoring system shall be
capable of carrying a force of 4,800 pounds.
[d]
Any additions to the manufactured home shall be
similarly anchored.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(c)
Construction materials and methods.
(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
licensed 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 licensed 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].
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(c)
Manufactured homes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[1]
Manufactured 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.
(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.
(c)
The placement of any manufactured homes, except in an existing
manufactured home park or existing manufactured home subdivision,
shall be prohibited.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 New Jersey Division of Water Supply and Geoscience 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 subject to a penalty as provided in § 550-3, and each day such violation continues shall constitute a separate violation or offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 Supply and Geoscience or, in the absence of that data, the flood
elevation based on a 200-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 Supply and Geoscience, 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 Supply and Geoscience
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 Supply and Geoscience where required by state regulations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 unduly
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 lane 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.
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 course of plant-mixed bituminous stabilized base course constructed
in layers not more than two inches compacted thickness or equivalent
and prepared and constructed in accordance with the New Jersey Department
of Transportation Standard Specifications for Roads and Bridge Construction
and amendments thereto. A minimum two-inch thick compacted wearing
surface of bituminous concrete (FABC) or equivalent shall be constructed
thereon in accordance with the New Jersey Department of Transportation
Standard Specifications and amendments thereto.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 course or equivalent, prepared
and constructed in accordance with the New Jersey Department of Transportation
Standard Specifications for Road and Bridge Construction 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 the New Jersey Department of Transportation Standard Specifications
and amendments thereto.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 § 550-42 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)
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
|
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 or 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 GFA 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
|
1 per 3 seats
|
|
Office:
| |
|
Office buildings up to 50,000 square feet of floor
area
|
4.5 per 1,000 square feet of floor area
|
|
Office 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
|
|
Office 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 fast-food restaurants
|
|
Retail store
|
1 per 150 square feet GFA
|
|
School:
| |
|
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, handball and racquetball courts 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 showroom area and sales office
|
|
Utilities
|
1
|
|
Veterinary clinic
|
3 per examination room
|
|
Warehouse
|
1 per 5,000 square feet GFA
|
|
NOTE:
|
|---|
|
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.
(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 subject to a penalty as provided in § 550-3.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
(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 Workforce
Development.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 Utilities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
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 Township ordinances.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[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:
(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.
(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 100-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 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 falls 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 penalty as provided in § 550-3.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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" is 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 Supply and Geoscience.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(15)
Each person who makes any surface changes shall be required
to:
(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.
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.
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 soil removal and reclamation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 permit 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
has 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 a 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.
(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 soil removal 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 degrees,
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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, soil removal products
or other materials shall be erected or stored within a distance of
50 feet of any soil removal boundary line.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 Morris County 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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:
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 not more than 30 days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[1]
Editor's Note: Former § 550-66, Stormwater runoff,
of the 2015 Code, was repealed 5-18-2021 by Ord. No. 11-2021.
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 Department of Transportation Standard Specifications for Road
and Bridge Construction governing materials.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 Department of Transportation Standard Specifications
for Road and Bridge Construction.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 Department of Transportation Standard Specifications
for Road and Bridge Construction.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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.
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 Council. 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 the
New Jersey Department of Transportation Standard Specifications for
Road and Bridge Construction.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 the New Jersey Department of Transportation
Standard Specifications for Road and Bridge Construction.
(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 the New Jersey Department of Transportation Standard Specifications
for Road and Bridge Construction.
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 the New
Jersey Department of Transportation Standard Specifications for Road
and Bridge Construction.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 the New Jersey Department of
Transportation Standard Specifications for Road and Bridge Construction.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 the New Jersey
Department of Transportation Standard Specifications for Road and
Bridge Construction.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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
Department of Transportation Standard Specifications for Road and
Bridge Construction.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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:
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 2% 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[1] 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.
[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; 10-28-2014 by Ord. No.
22-2014; 5-18-2021 by Ord. No. 11-2021]
A.
Scope and purpose:
(1)
Policy statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure best management practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low-impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
(2)
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection B.
(3)
Applicability.
(b)
This section shall be applicable to all minor developments.
(c)
This section shall also be applicable to all major developments
undertaken by the Township of Mount Olive.
(d)
The use of the term "variance" in this section shall not be
construed to mean "variance" under the provisions of the Municipal
Land Use Law, including but not limited to, N.J.S.A. 40:55D-70c and
-70d.
(4)
Compatibility with other permit and ordinance requirements.
(a)
Development approvals issued pursuant to this section are to
be considered an integral part of development approvals and do not
relieve the applicant of the responsibility to secure required permits
or approvals for activities regulated by any other applicable code,
rule, act, or ordinance. In their interpretation and application,
the provisions of this section shall be held to be the minimum requirements
for the promotion of the public health, safety, and general welfare.
(b)
This section is not intended to interfere with, abrogate, or
annul any other ordinances, rule or regulation, statute, or other
provision of law except that, where any provision of this section
imposes restrictions different from those imposed by any other ordinance,
rule or regulation, or other provision of law, the more restrictive
provisions or higher standards shall control.
B.
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
(1)
DISTURBANCE
DRAINAGE AREA
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HIGHLANDS PRESERVATION AREA
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
(1)
(2)
MINOR DEVELOPMENT
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
(1)
(2)
(3)
(4)
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
SEDIMENT
SITE
SOIL
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. Definitions in this section do not supersede
other definitions in the Township of Mount Olive Land Use Code. When
not inconsistent with the context, words used in the present tense
include the future, words used in the plural number include the singular
number, and words used in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory. The
definitions below are the same as or based on the corresponding definitions
in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this chapter.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Board of Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The New Jersey Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining excavation or landfill, and any use or change in the use
of any building or other structure, or land or extension of use of
land, for which permission may be required pursuant to P.L. 1975,
c. 291 (N.J.S.A. 40:55D-1 et seq.).
In the case of development of agricultural land, development
means: any activity that requires a state permit, any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1, et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
Area means lands as defined in § 535-11 of the Township Code.
An area within which water drains to a particular receiving
surface water body, also known as a "subwatershed," which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual "development," as well as multiple developments
that individually or collectively result in:
"Major development" includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection (1)(a), (b), (c) or (d) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."
Any "development" that result in a new dwelling, but does
not meet the definition of a "major development."
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by "motor vehicles" and/or aircraft, and is directly exposed
to precipitation including, but not limited to, driveways, parking
areas, parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Subsection D(7) and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. §§ 2011 et seq.)], thermal waste,
wrecked or discarded equipment, rock, sand, cellar dirt, industrial,
municipal, agricultural, and construction waste or runoff, or other
residue discharged directly or indirectly to the land, ground waters
or surface waters of the state, or to a domestic treatment works.
"Pollutant" includes both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A net increase in motor vehicle surface; and/or
The total area of motor vehicle surface that is currently receiving
water quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant, where the water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of these
goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation."
C.
Design and performance standards for stormwater management measures.
(1)
Stormwater management measures for major development shall be designed
to provide erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment as follows:
(a)
The minimum standards for erosion control are those established
under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39
et seq., and implementing rules at N.J.A.C. 2:90.
(b)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
(2)
The standards in this section apply to new major development and
are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or water quality
management plan adopted in accordance with Department rules.
(3)
Stormwater management measures for minor development shall be designed
to provide erosion control, groundwater recharge and stormwater runoff
quantity control through the utilization of green infrastructure techniques
as follows:
(a)
Stormwater management features shall be designed in accordance
with the most current version of the New Jersey Stormwater Best Management
Practices Manual.
(b)
Roof leader discharge pipes shall be connected to a stormwater
management feature, Township drainage facility, or Township drainage
way approved by the Township Engineer.
(c)
The minimum standards for erosion control are those established
under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39
et seq., and implementing rules at N.J.A.C. 2:90.
(d)
Soil testing shall be performed.
(e)
Regular preventative and corrective maintenance shall be performed
and stormwater management features shall be protected from future
development by conservation easement, deed restriction, or other acceptable
legal means.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Stormwater management requirements for major development.
(1)
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection J, below.
(2)
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
(3)
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(16), (17) and (18):
(a)
The construction of an underground utility line, provided that
the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground utility line provided that
the existing conditions are maintained to the maximum extent practicable;
and
(c)
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
(4)
A waiver from strict compliance with the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(15), (16), (17) and (18) may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(d)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(4)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection D(15), (16), (17), and (18) that were not achievable on site.
(5)
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection D(15), (16), (17), and (18). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2 (f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater best management practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Register a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
(6)
Where the BMP tables in the NJ Stormwater Management Rule are different
due to updates or amendments from the tables in this section the BMP
Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall
take precedence.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0%
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0%
|
No
|
Yes
|
2
|
|
Grass swale
|
50% or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0%
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a) (g)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80%
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80%
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60% to 80%
|
No
|
No
|
—
|
|
(Notes corresponding to annotations(a) through (g) are found below.)
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80%
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80%
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90%
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations(b) through (d) are found below.)
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue roof
|
0%
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40% to 60%
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80%
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90%
|
No
|
No
|
1
|
|
Wet pond
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|---|---|
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at Subsection D(15)(b);
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at Subsection B;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection B.
|
(7)
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection F(2). Alternative stormwater management measures may be used to satisfy the requirements at Subsection D(15) only if the measures meet the definition of green infrastructure at Subsection B. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection D(15)(b) are subject to the contributory drainage area limitation specified at Subsection D(15)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection D(15)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from Subsection D(15).
(8)
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
(9)
Design standards for stormwater management measures are as follows:
(a)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(b)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection H(3);
(c)
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement;
(d)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection H; and
(e)
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of 2 1/2 inches
in diameter.
(10)
Manufactured treatment devices may be used to meet the requirements of this section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection B may be used only under the circumstances described at Subsection D(15)(d).
(11)
Any application for a new agricultural development that meets the definition of major development at Subsection B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection D(15), (16), (17), and (18) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
(12)
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17), and (18) shall be met in each drainage area, unless the runoff from the drainage areas converge on site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
(13)
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(15), (16), (17), and (18) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection J(2)(e). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
(14)
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection D and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection D(13) above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection D(13), above.
(15)
Green infrastructure standards.
(a)
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection D(16) and (17), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection D(6) and/or an alternative stormwater management measure approved in accordance with Subsection D(7). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
(d)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection D(7) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17), and (18).
(e)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection D(16), (17), and (18) unless the project is granted a waiver from strict compliance in accordance with Subsection D(4).
(16)
Groundwater recharge standards.
(a)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows.
(b)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:
[1]
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual pre-construction groundwater recharge volume for the site;
or
[2]
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from pre-construction to post-construction
for the two-year storm is infiltrated.
(c)
This groundwater recharge requirement does not apply to projects subject to Subsection D(16)(d) below.
(d)
The following types of stormwater shall not be recharged:
[1]
Stormwater from areas of high pollutant loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with Department approved remedial action work plan
or landfill closure plan and areas with high risks for spills of toxic
materials, such as gas stations and vehicle maintenance facilities;
and
[2]
Industrial stormwater exposed to "source material." "Source
material" means any material(s) or machinery, located at an industrial
facility, that is directly or indirectly related to process, manufacturing
or other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
(17)
Stormwater runoff quality standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
(b)
Stormwater management measures shall be designed to reduce the
post-construction load of total suspended solids (TSS) in stormwater
runoff generated from the water quality design storm as follows:
[1]
Eighty percent TSS removal of the anticipated load, expressed
as an annual average shall be achieved for the stormwater runoff from
the net increase of motor vehicle surface.
[2]
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
(c)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection D(17)(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(d)
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
|
Table 4 - Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
(e)
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (AxB)/100
|
|
Where:
| ||
|
R
|
=
|
Total TSS percent load removal from application of both BMPs.
|
|
A
|
=
|
The TSS percent removal rate applicable to the first BMP.
|
|
B
|
=
|
The TSS percent removal rate applicable to the second BMP.
|
(f)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection D(16), (17), and (18).
(g)
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
(h)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(i)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3.i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(j)
These stormwater runoff quality standards do not apply to the
construction of one, individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
(18)
Stormwater runoff quantity standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
(b)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection E, complete one of the following:
[1]
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same
storm events;
[2]
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the pre-construction condition, in
the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
[3]
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75% and 80%, respectively, of the pre-construction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
[4]
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection D(18)(b)[1], [2] and [3] above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
(c)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
E.
Calculation of stormwater runoff and groundwater recharge.
(1)
Stormwater runoff shall be calculated in accordance with the following:
(a)
The design engineer shall calculate runoff using one of the
following methods:
[1]
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf. or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
[2]
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The rational and modified rational
methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
(b)
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at Subsection E(1)(a)[1] and the Rational and Modified Rational Methods at Subsection E(1)(a)[2]. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(c)
In computing pre-construction stormwater runoff, the design
engineer shall account for all significant land features and structures,
such as ponds, wetlands, depressions, hedgerows, or culverts, that
may reduce pre-construction stormwater runoff rates and volumes.
(d)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
(e)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
(2)
Groundwater recharge may be calculated in accordance with the following:
New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
F.
Sources for technical guidance.
(1)
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(a)
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
(b)
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
(2)
Submissions required for review by the Department should be mailed
to: The Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
G.
Solids and floatable materials control standards.
(1)
Site design features identified under Subsection D(6) above, or alternative designs in accordance with Subsection D(7) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection G(1)(b) below.
(a)
Grates.
[1]
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
[a]
The New Jersey Department of Transportation (NJDOT)
bicycle safe grate, which is described in Chapter 2.4 of the NJDOT
Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines;
or
[b]
A different grate, if each individual clear space
in that grate has an area of no more than seven square inches, or
is no greater than 0.5 inch across the smallest dimension.
[2]
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
[3]
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven square inches, or be no greater than
two inches across the smallest dimension.
(b)
The standard in Subsection G(1)(a) above does not apply:
[1]
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than nine square
inches;
[2]
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
[3]
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
[4]
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1].
[5]
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
Water Quality Design Storm as specified in N.J.A.C. 7:8; or
[6]
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
H.
Safety standards for stormwater management basins.
(1)
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management BMPs. This
section applies to any new stormwater management BMP.
(2)
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection H(3)(a), (b) and (c) for trash racks, overflow grates, and escape provisions at outlet structures.
(3)
Requirements for trash racks, overflow grates and escape provisions:
(a)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the Stormwater management
BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
[1]
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
[2]
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
[3]
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
[4]
The trash rack shall be constructed of rigid, durable, and corrosion
resistant material and designed to withstand a perpendicular live
loading of 300 pounds per square foot.
(b)
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
such grate shall meet the following requirements:
[1]
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
[2]
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
[3]
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
(c)
Stormwater management BMPs shall include escape provisions as
follows:
[1]
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection H(3), a freestanding outlet structure may be exempted from this requirement;
[2]
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Subsection H(5) for an illustration of safety ledges in a stormwater management BMP; and
[3]
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
(4)
Variance or exemption from safety standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
(5)
Safety ledge illustration.
|
Elevation View - Basin Safety Ledge Configuration
 |
I.
Requirements for a site development stormwater plan:
(1)
Submission of site development stormwater plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection I(3) below, as part of the submission of the application for approval.
(b)
The applicant shall demonstrate that the project meets the standards
set forth in this section.
(2)
Site development stormwater plan approval. The applicant's Site Development
project shall be reviewed as a part of the review process by the municipal
board or official from which municipal approval is sought. The municipal
board or official shall consult the municipality's review engineer
to determine if all of the checklist requirements have been satisfied
and to determine if the project meets the standards set forth in this
section.
(3)
Submission of site development stormwater plan. The following information
shall be required:
(a)
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
(b)
Environmental site analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
(c)
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
(d)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections C through E are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(e)
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
[1]
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
[2]
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
(f)
Calculations.
[1]
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Subsection D.
[2]
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on on-site boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
(g)
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J, below.
(h)
Waiver from submission requirements. The Planning Board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection I(3)(a) through (f) when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
J.
Maintenance and repair.
(2)
General maintenance.
(a)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(b)
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
(c)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
(d)
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
(e)
If the party responsible for maintenance identified under Subsection J(2)(c) above, is not a public agency, the maintenance plan and any future revisions based on Subsection J(2)(g) below, shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(f)
Preventative and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.) of the stormwater management measure,
including, but not limited to, repairs or replacement to the structure;
removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of nonvegetated linings.
(g)
The party responsible for maintenance identified under Subsection J(2)(c) above, shall perform all of the following requirements:
[1]
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
[2]
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(h)
The requirements of Subsection J(2)(c) and (d) above, do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable stormwater general permit conditions, as issued by the Department. Maintenance and inspection guidance can be found on the Department's website at: https://www.njstormwater.org/maintenance_guidance.htm.
(i)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If an owner has been
served with an abatement notice as provided by this section, the owner
shall be afforded the right to appeal the decision of the enforcement
officer to the Township Council.
[1]
The owner shall appeal by filing with the Township Clerk a notice,
stating that the owner appeals the issuance of a notice to abate,
within 14 days after receipt by the owner of the notice to abate.
[2]
The Township Council shall hear and decide the appeal within
30 days after filing of the notice of appeal. The Township Council
shall review the record compiled by the enforcement officer. The record
may be supplemented on appeal by the enforcement officer and by the
owner. The Township may decide the appeal based upon written submissions,
or, if the owner requests, a hearing shall be held and the parties
may offer oral argument and/or testimony. Upon the filing of an appeal,
the enforcement officer shall refrain from issuing a summons until
the appeal is disposed of by the Township Council. The Township Council
may reverse, affirm or modify the decision of the enforcement officer.
It shall adopt a resolution to set forth its findings and memorialize
its action.
[3]
If the owner fails or refuses to perform such maintenance or
repair, the governing body may, by resolution, also authorize the
expenditure of municipal funds and fix the amount thereof for the
purpose of correcting such conditions, and in such cases where the
defect falls within a category for which there is statutory authority
for the creation of a tax lien, such expenditure shall be charged
against the premises and the amount thereof shall be a lien collectible
as provided in this section.
(3)
Nothing in this subsection shall preclude the municipality from requiring
the posting of a performance or maintenance guarantee in accordance
with N.J.S.A. 40:55D-53.
K.
Enforcement and penalties.
(1)
Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to a civil fine and penalty not exceeding $2,000 or such other penalties consistent with N.J.S.A. 40:69A-29 and § 550-3 of this chapter. Each and every day that the building, structure or land remains in violation of the provisions of this section after the deadline for compliance set forth in the notice of violation issued by the enforcing officer(s) shall be considered a continuing violation punishable as a separate and distinct offense. At the discretion of the Township, any final order imposing fines and penalties for a violation of this section shall be enforceable in the Municipal Court or Superior Court and collectible as a lien against the property of the violator in accordance with the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 to 58-12.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
L.
Severability.
(1)
All ordinances or parts of ordinances of the Township of Mount Olive
heretofore adopted that are inconsistent with any of the terms and
provisions of this section are hereby repealed to the extent of such
inconsistency.
(2)
If any section, paragraph, subsection, clause or provision of this
section shall be declared invalid by a court of competent jurisdiction,
such decision shall not affect the validity of this section as a whole
or any remaining part thereof.
M.
When effective.
(1)
All actions of the Township taken prior to the date of adoption hereof
contemplated by this section are hereby ratified and approved.
(2)
The Township Clerk is directed to give notice at least 10 days prior
to the hearing on the adoption of this section to the County Planning
Board and to all others entitled pursuant to the provisions of N.J.S.A.
40:55D-15. The Township Clerk is further directed to refer this section
to the Township Planning Board, pursuant to N.J.S.A. 40:55D-64. Upon
the adoption of this section, after public hearing, the Township Clerk
is further directed to publish notice of the passage and to file a
copy of this section, as finally adopted, with the Morris County Planning
Board, as required by N.J.S.A. 40:55D-16.
(3)
This section shall take effect immediately upon its final passage,
approval and publication as provided by law.
[Added 4-27-2010 by Ord. No. 11-2010]
A.
Purpose. The purpose of this section is to require 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
STORM DRAIN INLET
WATERS OF THE STATE
Definitions. For the purpose of this section, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
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.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
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.
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:
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:
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 penalty as provided in § 550-3 for each storm drain inlet that is not retrofitted to meet the design standards.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[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 indiscriminant
and excessive removal, cutting and 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),[1] 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.
[1]
Editor's Note: See N.J.S.A. 13:20-1 et seq.
(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.
APPROVING AUTHORITY
CALIPER
CLEAR CUTTING
CONSERVATION EASEMENT
DIAMETER AT BREAST HEIGHT
DRIPLINE
REPLACEMENT TREE
SELECTIVE CUTTING
SILVICULTURE
THINNING
TREE
TREE CANOPY
WOODED ACRES PERMITTED FOR DEVELOPMENT
WOODLAND MANAGEMENT PLAN
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The Planning Board of Mount Olive Township.
[Amended 8-6-2013 by Ord. No. 20-2013; 10-28-2014 by Ord. No.
22-2014]
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.
The removal of all standing trees on a lot or a portion of
a lot.
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 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).
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.
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 Nurserymen.
The removal of larger trees on an individual basis while
leaving trees of lesser size.
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.
The removal of undesirable, competitive, diseased or damaged
trees so as to cultivate and improve the development of remaining
trees on the lot.
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.
The top layer or crown of mature trees.
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.
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.
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 Resources 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 licensed 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:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 Subsection 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 Resources 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.
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
|
2.50-in. - 3-in. caliper B&B trees
|
|
50
|
1-in. caliper B&B trees
|
|
100
|
6-ft. - 9-ft. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
|
Schedule B
Tree Replacement
| |
|---|---|
|
Caliper of Existing Tree Removed
(inches)
|
Number of Replacement Trees
(minimum 3-inch caliper)
|
|
Between 6 and <10
|
3
|
|
Between 10 and <18
|
4
|
|
Between 18 and <24
|
5
|
|
Between 24 and <30
|
7
|
|
Between 30 and <35
|
10
|
|
35 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,[2] 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;
(d)
Public land where they will be used for ornamental purposes.
[2]
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 Health Officer, necessary tree removal shall be permitted.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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
Resources 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 Subsection 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.
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 penalty as provided in § 550-3. If the violation is of a continuing nature, each day which it continues shall constitute an additional, separate and distinct offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
ADMINISTRATIVE AUTHORITY
APPLICANT
AQUIFER
BEST MANAGEMENT PRACTICES (BMP)
CONTAMINATION
DEVELOPMENT
DISCHARGE
GROUNDWATER
HAZARDOUS SUBSTANCE
HAZARDOUS WASTE
MAXIMUM CONTAMINANT LEVEL (MCL)
NJDEP
PERSON
POLLUTED WATER
POTENTIAL POLLUTANT SOURCE (PPS)
PUBLIC COMMUNITY WELL
PUBLIC NONTRANSIENT NONCOMMUNITY WELL
SOLE-SOURCE AQUIFER
TIER 1 WELLHEAD PROTECTION AREA
TIER 2 WELLHEAD PROTECTION AREA
TIER 3 WELLHEAD PROTECTION AREA
TIME OF TRAVEL (TOT)
WELLHEAD
WELLHEAD PROTECTION AREA (WHPA)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
Person applying to the Board of Health, Planning Board or
the Construction Official's 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
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.
The degradation of natural water quality so that the water
is not suitable for human consumption.
Any construction, reconstruction, alteration of surface or
structure or change in the nature or intensity of land use.
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.
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.
Any substance designated under 40 CFR 116 pursuant to Section
311 of the Federal Water Pollution Control Act Amendments of 1972,
the "Clean Water Act," Public Law 92-500, (33 U.S.C. § 1251
et seq.); the Spill Compensation and Control Act (N.J.S.A. 58:10-23.11a
et seq.); 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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-1
et seq., N.J.A.C. 7:26G, or 40 CFR Part 261.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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)
New Jersey Department of Environmental Protection.
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.
Drinking water exceeding a federal and/or state maximum contaminant
level (MCL).
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.
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.
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.
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.
That area of land within a WHPA from which groundwater may enter the well within two years. (See maps referenced under Subsection E.)
That area of land within a WHPA from which groundwater may enter the well within five years. (See maps referenced under Subsection E.)
That area of land within a WHPA from which groundwater may enter the well within 12 years. (See maps referenced under Subsection E.)
The average time that a volume of water will take to travel
in the saturated zone from a given point to a pumping well.
The well borehole and appurtenant equipment.
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.
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 an 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.
(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.[1]
[1]
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.[2]
[2]
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;
(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 Division of Engineering 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.
(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 Department of Health and
Welfare and/or the Mount Olive Board of Health.
(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 Department of Health and Welfare
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.
