Township of Medford, NJ General Provisions and Design Standards

Deer (Cervidae), includes all members of the deer family, for example, white-tailed deer, elk, antelope and moose.

Elephants (Elephas and Loxodonta).

Game cocks and other fighting birds.

Hippopotami (Hippopotamidae).

Hyenas (Hyaenidae).

Jaguars (Felis onca).

Leopards (Felis pardus).

Lions (Felis leo).

BURLINGTON COUNTY REGIONAL PROGRAM

Lynxes (Lynx).

19.

Monkeys, old world (Cercopithecidae).

20.

Ostriches (Struthio).

21.

Piranha fish (Characidae).

22.

Pumas (Felis concolor), also known as cougars, mountain lions and panthers.

23.

Rhinoceroses (Rhinocerotidae).

24.

Sharks (class Chondrichthyes).

25.

Snow leopards (Felis uncia).

26.

Tigers (Felis tigris).

27.

Wolves (Canis lupus).

Exceptions. The provisions of Subsection 502.A hereinabove shall not apply to licensed pet shops, if:

Their location conforms to the provisions of this ordinance.

All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.

Animals are maintained in quarters so constructed as to prevent their escape.

No person lives or resides within 100 feet of the quarters in which the animals are kept and no animal shelter or quarters shall be used or located closer than 100 feet to any property line.

Horses. Horses are permitted on residential lots in the RS-1, RS-2, AR, FD, PD, APA, and SAPA Districts provided that the residential lot on which the horse is to be located is at least three acres for the first horse and that for each additional horse one additional acre shall be provided. In no event shall more than five horses be permitted on any residential lot. No shelter or quarter for any horse shall be erected, used or located closer than 100 feet to any property line.

Agricultural Animals. Agricultural animals, such as poultry, beef cattle, horses, dairy animals and swine, may be kept, harbored and maintained on an agricultural property subject to all of the following conditions:

The lot on which the agricultural animals are to be located is at least five acres.

The lot on which the agricultural animals are to be located is qualified, pursuant to the Farmland Assessment Act of 1964 (Laws of 1964, Chapter 48; N.J.S.A. 54:4-23.1), as land actively devoted to agricultural use.

The use of the animals directly relates to the agricultural use for which the farmland assessment has been granted.

No livestock shelter shall be erected, used or located closer than 100 feet to any property line.

§ 503 Agriculture in the Pinelands Area.

[Ord. No. 1992-1]

All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service and the New Jersey Agricultural Experimental Station at Rutgers University.

In APA Agricultural Production Area Districts and SAPA Special Agricultural Production Area Districts, a resource conservation plan shall be prepared by the operator of every agricultural use or the appropriate Soil Conservation District, located in an area which has been designated by any agency of federal, state or local government as having substandard surface or ground water. If prepared by the operator, such plan shall be submitted to the Soil Conservation District for review. The resource conservation plan shall be reviewed, updated and revised as necessary and shall provide for the use of recommended management practices as found in, but not limited to, the following publications:

Erosion and runoff: Soil Conservation Service Technical Guide.

Animal waste: Soil Conservation Service Animal Waste Management Field Manual.

Fertilizers and pesticides: Rutgers University, Cook College, Cooperative Extension Service Annual Recommendations.

All agricultural operations in an APA or SAPA District shall be exempt from any Ordinance or regulation which inhibits efficient crop production, including but not limited to ordinances and regulations imposing time limits or operations, dust limits and odor restrictions, except those Ordinances and regulations which are strictly necessary for the maintenance of public health.

§ 504 Apartments and Townhouses.

[Ord. No. 1992-1 § 2]

No townhouse or apartment dwelling unit shall be constructed unless the dwelling is part of an approved site plan and unless the following minimum standards are met in addition to other applicable requirements of this ordinance:

Each building and complex of buildings shall have an architectural theme with appropriate variations in design to provide attractiveness to the development; compatible within the development and in its relationship to adjacent land uses. Such variations in design shall result from the use of landscaping and the orientation of buildings to the natural features of the site and to other buildings as well as from varying unit widths, using different exterior materials, changing roof lines and roof designs, varying building heights and changing window types, shutters, doors, porches and exterior colors. Architectural elevations shall be submitted to the Board for review and approval.

All dwelling units shall be connected to approved and functioning water and sanitary sewer systems prior to the issuance of a Certificate of Occupancy.

All parking facilities shall be on the same site as the building and located within 150 feet of the nearest entrance of the building they are intended to serve. Parking spaces shall be provided in areas designed specifically for parking and there shall be no parallel or diagonal parking along interior streets.

No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner; sufficient area and equipment shall be made available within each building for the laundering and artificial drying of the laundry of the occupants of each building.

Dwelling units shall have access to a master television antenna system and individual units may not erect individual external television antennas.

Each dwelling unit shall have the following minimum net habitable floor areas, except as provided otherwise in this ordinance:

Apartments		Townhouses
Efficiency	500 sf.
1 bedroom	700 sf.	1 bedroom	800 sf.
2 bedrooms	800 sf.	2 bedrooms	900 sf.
3 bedrooms	900 sf.	3 bedrooms	1,000 sf.

For each apartment unit, in addition to any storage area contained inside individual dwelling units, there shall be provided for each dwelling unit 250 cubic feet of storage area in a convenient, centrally located area in the cellar, basement or ground floor of the building where personal belongings and effects may be stored without constituting a fire hazard and where said belongings and effects may be kept locked and separated from the belongings of other occupants.

No townhouse dwelling unit shall be less than 20 feet wide. No more than eight dwelling units per townhouse building shall be permitted.

Fire walls for townhouse units shall be provided in accordance with the definitions and requirements for fire walls specified in the most current edition of the "BOCA National Building Code."

For fee simple townhouse lots, no construction permit shall be issued for any townhouse dwelling unit unless the proposed construction is in accordance with the approved site plan; and this condition shall be recited in the deed of the subdivided lot. No application for a construction permit will be accepted for processing unless accompanied by a statement from the homeowners' association that the proposed construction has been approved by the association.

Recycling provisions.

[Amended 6-22-2010 by Ord. No. 2010-8]

Purpose. The Township of Medford finds that reducing the amount of solid waste and conservation of recyclable materials is an important public concern and is necessary to implement the requirements of the SWMA and the County Plan. Areas for the collection of recyclables on residential properties should be designed to effectuate collection of material in a safe and sanitary manner and should be sized to meet current industry standards for volumes and containers.

Statutory authority for subsection. This subsection is adopted pursuant to N.J.S.A. 40:48-2, 40:66-1 and 40:49-2.1 and any amendments adopted thereto.

Definitions. The following definitions shall apply to this subsection:

ACT or SWMA

The Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., as amended and supplemented.

The program utilized for the collection of those recyclable materials as designated by the Department of Solid Waste from residential curbside, participating multifamily and participating school collection programs.

CLASS A RECYCLABLE MATERIAL

Source-separated, nonputrescible, metal, glass, paper and plastic containers; and corrugated and other cardboard.

COMMINGLED

A combining of source-separated recyclable materials for the purpose of recycling.

COMMON AREA RECYCLING STORAGE LOCATION

A location designed in accordance with the land use ordinances of this municipality as required for multifamily dwellings with more than 20 residential units where curbside collection is not provided under the Burlington County Regional Program.

CONDOMINIUM COMPLEX

A group of units, arranged horizontally or vertically, where the form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit.

CORRUGATED AND OTHER CARDBOARD

All corrugated cardboard normally used for packing, mailing, shipping or containerizing goods, merchandise or other material, but excluding plastic, foam or wax-coated or soiled corrugated cardboard.

COUNTY

The Burlington County Board of Chosen Freeholders, and its successors and assigns, acting through the Burlington County Department of Solid Waste.

CURBSIDE DESIGNATED RECYCLABLES

Those designated recyclables that are placed for collection within the parameters of the curbside collection program as outlined herein.

CURBSIDE RECYCLING CONTAINER

A container(s) provided by the municipality or persons for the temporary storage of recyclable materials within the residential unit(s).

DEP or DEPARTMENT

The New Jersey Department of Environmental Protection.

DESIGNATED RECYCLABLE MATERIALS

Those recyclable materials to be source separated in this municipality, including but not limited to aluminum cans, antifreeze, consumer electronics, corrugated cardboard, fluorescent lights, glass containers, lead acid batteries, leaves, metal appliances, paper, plastic bottles (coded No. 1 and No. 2), rechargeable batteries, steel (tin) cans, textiles, tires and used motor oil.

DSW

The Burlington County Department of Solid Waste, its successors and assigns.

FIBER

All newspaper, fine paper, bond paper, junk mail, office paper, magazines, paperback books, school paper, catalogs, computer paper, telephone books, chipboard, corrugated and other cardboard and similar cellulosic material, whether shredded or whole, but excluding wax paper, plastic or foil-coated paper, thermal fax paper, carbon paper, blueprint paper, food-contaminated paper, soiled paper and cardboard.

MOBILE HOME PARK

Any park, including a trailer park or camp, equipped to handle mobile homes sited on a year-round basis as defined in N.J.S.A. 2A:18-61.7 et seq.

MULTIFAMILY DWELLING

Any building or structure or complex of buildings or structures in which three or more dwelling units are rented or leased or offered for rental or lease for residential purposes; whether privately or publicly financed, except hotels, motels or other guest houses serving transient or seasonal guests as those terms are defined under subsection (j) of Section 3 of the Hotel and Multiple Dwelling Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.) and N.J.S.A. 40:66-1.2 et seq.

MUNICIPAL SOLID WASTE

Residential, commercial and institutional solid waste generated within a community.

MUNICIPALITY

The Township of Medford located within the County of Burlington, State of New Jersey.

PAPER

All newspaper, fine paper, bond paper, junk mail, office paper, magazines, paperback books, school paper, catalogs, computer paper, telephone books and similar cellulosic material, whether shredded or whole, but excluding tissue and towel paper, wax paper, plastic or foil-coated paper, thermal fax paper, carbon paper, NCR paper, blueprint paper, food-contaminated or soiled paper.

PERSON

Any individual, firm, partnership, corporation, association, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality, other governmental agency of any other entity or any group of such persons, which is recognized by law as the subject of rights and duties.

QUALIFIED PRIVATE COMMUNITY

A residential condominium, cooperative or fee simple community or horizontal property regime, the residents of which do not receive any tax abatement or tax exemption related to its construction comprised of a community trust or other trust device, condominium association, homeowners' association or council of co-owners, wherein the cost of maintaining roads and streets and providing essential services is paid for by a not-for-profit entity consisting exclusively of unit owners within the community. No apartment building or garden apartment complex owned by an individual or entity that receives monthly rental payments from tenants who occupy the premises shall be considered a qualified private community. No "proprietary campground facility," as defined in Section 1 of P.L. 1993, c. 258 (N.J.S.A. 45:22A-49), shall be considered to be a qualified private community.

RECYCLABLE MATERIALS

Materials that would otherwise become solid waste that can be separated, collected and/or processed and returned to the economic mainstream in the form of raw materials or products.

RECYCLING

Any process by which materials, which would otherwise become solid waste, are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.

RESIDENT

Any person residing within the municipality on a temporary or permanent basis, but excluding persons residing in hotels or motels.

SOLID WASTE

Garbage, refuse and other discarded materials, as defined in N.J.S.A. 13:1E-1 et seq. and N.J.S.A. 48:13A-1 et seq.

SOURCE SEPARATED

Recyclable materials separated from the solid waste stream at the point of generation.

SWMA

The New Jersey Solid Waste Management Act,[1] as amended.

Editor's Note: See N.J.S.A. 13:1E-1 et seq.

Design of containment areas for designated recyclable materials on residential sites.

Design standards for common area recycling storage locations.

In accordance with the chapter of the Township of Medford Code, specifically Chapter 115, every multifamily, qualified private community and mobile home park within the Township of Medford shall be required to provide, for the use of its residents, centralized and common locations on its property for the storage, prior to collection, of source-separated recyclables generated by the residents of the property.

Each common area recycling storage location shall, at a minimum, conform to the following standards:

The dimensions of the recycling storage location shall be sufficient to accommodate recycling containers which are of size and number as required by the DSW and which are consistent with current methods of collection utilized by the Burlington County Regional Program or the private collection company being utilized. The following tables indicate the minimum container capacity requirements for weekly recycling service and common container dimensions.

Minimum Container Capacity Requirements for Weekly Recycling Service
Dual Stream Collection	Fiber (paper and cardboard)	Commingled (bottles and cans)
Non-age-restricted complex	1 cubic yard of capacity for every 15 dwelling units	0.47 cubic yard (96 gallons) of capacity for every 18 dwelling units
Age-restricted complex	1 cubic yard of capacity for every 20 dwelling units	0.47 cubic yard (96 gallons) of capacity for every 24 dwelling units

Single Stream Collection	Fiber and Commingled	Commingled (bottles and cans)
Non-age-restricted complex	2 cubic yards of capacity for every 20 units	—
Age-restricted complex	1.4 cubic yards of capacity for every 20 units	—

Common Container Dimensions
Size (cubic yards)	Length (inches)	Width (inches)	Height (inches)
1	72	24	29
2	72	34	45 (rear)/34 (front)
3	72	43	48 (rear)/40 (front)
4	72	51	56 (rear)/46 (front)
6	80	66	71 (rear)/47 (front)
8	80	71	86 (rear)/53 (front)

Unless expressly prohibited by a municipality, or not feasible due to existing site constraints, recycling containers for all Class A designated recyclables shall be co-located at all solid waste collection areas within the complex.

The recycling storage locations shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably co-located, but clearly separated from refuse containers.

Outdoor recycling storage locations shall include a concrete pad of the size as specified herein. The dimensions of the recycling storage location shall provide sufficient area for the required container(s):

The recycling storage locations 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. The following turning template can be used to plan vehicular accessibility to recycling storage locations:

DR Collection Vehicle Approach Detail.tif

Reasonable measures shall be taken to protect the recycling areas and the bins or containers placed therein against theft of recyclable materials or the bins or containers themselves.

Signs as approved by the DSW clearly identifying the recycling areas and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas.

Each recycling area shall be enclosed on three sides by a solid fence or masonry enclosure six feet in height and shall be surrounded by landscaping. A durable closable access gate on the fourth side should be provided.

Recycling container storage design standards; new residential construction.

In order to facilitate recycling in all new construction, and to avoid the creation of unhealthful or cramped storage situations, sufficient, storage shall be available for recycling containers within all new construction of residential housing.

Recycling storage locations. Curbside recycling container storage locations shall not include basements that require the negotiation of stairs, or any location either above or below finished grade. Locations shall be on a hard-wearing, smooth continuous surface with access to a path with a width no less than three feet and headroom of not less than seven feet.

Single-family and two-family dwellings. Each residential dwelling unit shall be designed to provide a curbside recycling storage container storage location containing at a minimum, dimensions (length by width by height) of no less than 36 inches by 32 inches by 84 inches per unit. The location shall be clearly marked as such on floor plans of the dwelling unit if to be located inside the dwelling unit. If to be located outside the dwelling unit, adequate storage space for the container shall be identified on the property survey. This shall be done at the time of subdivision approval, if applicable, or at the time of zoning or building permit application.

Multifamily and condominium complex dwellings. Curbside recycling container storage locations shall be provided for each multifamily and condominium complex dwelling where common area recycling storage locations are not otherwise provided. Each multifamily and condominium complex dwelling unit shall be designed to provide a curbside recycling container storage location containing at a minimum, dimensions (length by width by height) of no less than 36 inches by 32 inches by 84 inches per unit. The location shall be clearly marked as such on floor plans of the dwelling unit if to be located inside the dwelling unit. If to be located outside the dwelling unit, adequate storage space for the container shall be identified on the site plans or subdivision plans.

Construction. The terms and provisions of this subsection are to be liberally construed, so as best to achieve and to effectuate the goals and purposes hereof. This subsection shall be construed in pari materi with the SWMA and the County Plan.

Severability. The provisions of this subsection are severable. If any provision of this subsection or its application to any person or circumstances is held invalid, said invalidity shall not affect any other provision or application of this subsection which can be given effect without the invalid provision or application of this subsection.

Repealer. All provisions of any other ordinance which are inconsistent with the provisions of this subsection are hereby repealed.

Effective date. This subsection shall become effective upon final adoption and publication in the manner prescribed by law.

§ 505 Architecture.

[Ord. No. 1992-1 § 2]

At the time of major site plan and/or major subdivision approval of any nonresidential use or for any residential use other than detached or semi-detached single-family or two-family dwelling units or patio homes or any use subject to historic review and approval in accordance with § 806, preliminary architectural plans and elevations shall be submitted by the applicant and approved by the Planning Board or Zoning Board of Adjustment, as the case may be, demonstrating the aesthetic and visual impact and character of the proposed development. These architectural plans and elevations shall be binding on the applicant, and at the time of construction, the Construction Code Official shall verify that the actual construction plans are in visual conformity to the preliminary architectural plans and elevations submitted by the applicant and approved by the Board. The ultimate builder of the development, whether or not the builder was the applicant, and the applicant are responsible to ensure that the development as constructed is in visual conformity with the preliminary architectural plans and elevations submitted and approved by the Board.

§ 506 Buffers and Scenic Corridors.

[Ord. No. 1992-1 § 2; Ord. No. 2004-16 § 3; Ord. No. 2004-17 § 3; Ord. No. 2004-26 § 3]

Buffers.

Buffer areas are for the primary purposes of screening views and reducing noise perception and glare from direct or reflected light beyond the lot. Buffer widths shall be measured horizontally and shall be dimensioned as required in § 400 or § 600 of this ordinance, as the case may be. No structure, activity, storage of materials or parking of vehicles shall be permitted in a buffer area, except that underground utilities may be installed. The location and design of buffers shall consider the use being screened; the distance between 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 manmade 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.

For all nonresidential uses, a minimum of 1/2 the width of a required buffer shall be designed, planted, graded, landscaped and developed to obscure the activities of the site. No drainage basin shall be located within the required landscaped portion of the buffer area.

In all residential zones, that portion of the development abutting a freeway or arterial or collector street right-of-way shall either be provided with a minimum fifty-foot buffer between the development and the right-of-way or, where the topography permits, earthen berms may be created at a sufficient height to establish a buffer between the development and the right-of-way. Berms shall not be less than four feet in height, and they shall be stabilized by ground cover to prevent soil erosion and shall be planted with evergreen and deciduous trees according to an approved landscaping plan.

All buffer areas shall be planted and maintained with either grass or ground cover, together with a screen of shrubs or scattered planting of trees, shrubs or other plant material, meeting the following requirements:

The preservation of natural wooded tracts shall be an integral part of all site plans and subdivisions and may be calculated as part of the required buffer area, provided that the growth is of a density and the area is of a width to serve the purpose of a "buffer."

Shrubs and hedges used in screen planting shall be at least three feet in height when planted and shall be of such density as will obscure, throughout the full course of the year, the glare of automobile headlights emitted from the premises.

Except for existing preserved or transplanted vegetation, evergreen species shall be at least six feet in height at the time of planting, balled and burlapped, and deciduous trees shall be at least two-inch caliper at the time of planting, balled and burlapped. All trees shall be of a species common to the area, of nursery stock and free of insects and disease.

Any plant material which does not live for at least one year shall be replaced during the next growing season.

Screen plantings and landscaping shall be broken only at points of vehicular and pedestrian access in order to assure a clear sight triangle.

In the Pinelands Area of the Township, buffers shall comply with the vegetation standards specified by the Pinelands Commission and in Subsection 516.D of this ordinance.

Scenic Corridors.

The purpose of this subsection is to insure that the designated Scenic Corridor is developed and protected in a manner which:

Insures the roadway is developed as a well landscaped scenic corridor gateway to Medford Township;

Applies community design standards to assure traditional type development;

Prevents visual pollution caused by unplanned and uncoordinated uses, buildings and structures;

Maximizes traffic circulation functions regarding safety, roadway capacity, vehicular and pedestrian/bicyclist;

Preserves natural features to the greatest extent practicable; and

Recognizes and makes allowances for existing uses and buildings.

All public paved streets, all navigable streams, and all lakes and ponds in the PD, FD, RGD-2, RS-2, HC-1, HC-2 and HM zoning districts, except for a local street defined in Subsection 528.A of this ordinance, shall be considered "scenic corridors."

Except as provided hereinbelow, no approval or permit shall be issued for development along the "scenic corridors" as designated hereinabove other than for establishments for the sale of agricultural products, unless the applicant demonstrates that all buildings are set back at least 200 feet from the center line of the scenic corridor, except that:

If compliance with the two-hundred-foot setback is constrained by environmental or other physical considerations such as wetlands or active agricultural operations, the building shall be set back as close to 200 feet as practical, and the site shall be landscaped so as to provide screening between the building and the corridor.

If an applicant for development approval demonstrates that more than 50% of the existing development patterns of the corridor are such that buildings are set back less than 200 feet within 1,000 feet of the site proposed for development, then a setback shall be set for the proposed development which is consistent with the established development pattern, provided that the site is landscaped so as to provide screening between the building and the corridor.

These requirements shall not apply to residential cluster developments in the FD, RGD-2 and RS-2 Districts which comply with the standards of § 614.

[Added 12-5-2011 by Ord. No. 2011-15]

Motor Vehicle Screening and Storage. No more than 10 automobiles, trucks or other motor vehicles, whether or not they are in operating condition, shall be stored on any lot unless such motor vehicles are adequately screened from adjacent residential uses and scenic corridors. All vehicles not in operating condition shall be stored only if the gasoline tanks of such vehicles are drained. This section shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes.

Location of Utilities.

New utility distribution lines and telephone lines to locations not presently served by utilities shall be placed underground, except for those lines which are located on or adjacent to active agricultural operations.

Above-ground generating facilities, switching complexes, pumping stations, and substations shall be screened with vegetation from adjacent uses in accordance with § 516 of this ordinance.

All electric utility transmission lines shall be located on existing towers or underground to the maximum extent practical.

§ 507 Capital Improvements.

[Ord. No. 1992-1 § 1]

The capital improvement program in each year's annual municipal budget, as mandated by N.J.S.A. 40A:4-43, is incorporated herein as the annual capital improvement program for the Township.

Where available, in the discretion of the Planning Board or Zoning Board of Adjustment, as the case may be, and subject to the requirements of § 903, entitled "Off-Tract Improvements," in order to promote the public health, safety and welfare in potable water and safe water supply, all developments approved after the effective date of this ordinance shall use public water in lieu of individual wells. If individual wells are used, they shall be a minimum of 100 feet in depth (unless the well penetrates an impermeable clay aquiclude, in which case the well shall be drilled and cased to at least 50 feet and designed and installed in accordance with the standards of the Township, County or State agency having jurisdiction.

In order to provide for sufficient residentially zoned property to be eligible for an increase in density to accommodate transferred development credits and to ensure sufficient revenues to provide for the repayment of Township obligations for capital improvements and infrastructure necessary to accommodate said increased densities; to promote compliance with the energy conservation standards in § 512 of this ordinance; to regulate growth such that development occurs on lands suitable for development based on analysis of the natural resource inventory and considering the cumulative impact on developable lands as a result of construction; to encourage the desired growth and densities only in areas where the Master Plan anticipates development and the growth of services to service said development; and to achieve a sufficient variation in the quality and type of tax rebates among residential, commercial and industrial development to reduce the demand on various Township services, including schools occasioned by predominantly residential development, the following standards shall apply with regard to public sewer:

Unless otherwise permitted by this ordinance, no extension of the public sewer system will be permitted outside the GMN, GMS, GD, BDZ-1, BDZ-2, GC, RC, PI, HVC, HVR, RHO and VRD Districts, and any extension shall be consistent with the latest revision of the Medford Township Wastewater Management Plan.

Any increase in available public sewer capacity obtained or achieved after the effective date of this ordinance shall be allocated as follows:

Residential development: 60%.

Nonresidential development: 40%.

At the time of approval of any development proposed to utilize public sewer, the Township Manager, or his designee, in conjunction with calculations to be supplied by the Township Engineer and department head of the Township Water and Sewer Department, shall provide to the approving authority an estimate of the then-remaining sewer capacity and the effect of approval of the development on the limitations established above. The Township Council shall monitor approvals utilizing public sewer in accordance with the above limitations and may periodically revise the allocations above based on actual experience with developments proposed to be serviced by public sewer.

Provided that the design and performance standards of this ordinance are met and provided further that the minimum lot size, density, open space and zoning requirements for the district in which the development is located are met, proposed developments utilizing public sewer may still be approved by the Board if the limitations specified in Subsection 507.C.2 hereinabove are exceeded, if a variance is applied for and granted by the Planning Board or Zoning Board of Adjustment, as the case may be. The Board shall be guided by the goals set forth in § 507.C of this ordinance in making said determination, and as long as the committed capacity of the sewage treatment plant is not exceeded, variances for this section shall be granted to residential developments that have increased densities by the utilization of Pinelands Development Credits (PDCs).

§ 508 Conformance Requirements and General Standards.

[Ord. No. 1992-1 § 1; Ord. No. 5-2001 § 1]

Applicability. All development in Medford Township shall demonstrate conformance to the design and performance standards of this section. The streets, drainage, rights-of-way, school sites, public parks and playgrounds, scenic areas, historic sites and flood control basins shown on the Master Plan shall be considered in approval of all development.

Approvals Required.

No use shall be made of any lands or buildings in the Township until all required approvals are obtained in the application for development for the subdivision plat, site plan, planned development, conditional use, zoning variance or direction for the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36, or until the applicant has obtained written certification from the administrative officer that the proposed development is either an exempt site plan or exempt subdivision as defined in this ordinance or that no approvals are otherwise necessary.

No construction or other physical alteration of any lands or buildings in the Township shall be made without compliance with the preconditions to commencement of construction and the obtaining of all required permits required pursuant to § 1000 of this ordinance and the Uniform Construction Code. No use shall be made of any lands or buildings in the Township pending any appeal pursuant to §§ 703 or 707 of this ordinance.

No building or structure shall be erected, reconstructed, demolished, altered or restored, no use shall be made of any land, and no development shall be approved, unless the building, structure, use or development meets the design and performance standards specified in this ordinance for all developments and the design and performance standards specified in this ordinance for the specific type or class of use proposed, and meets the applicable zoning requirements specified in § 400 and/or 600 of this ordinance, as the case may be, unless a zoning variance is granted in accordance with N.J.S.A. 40:55D-70 and § 610.A of this ordinance or a waiver from the design and performance standard is granted in accordance with § 610.B of this ordinance. Any deviation from the standards for development on land within the jurisdiction of the Pinelands Comprehensive Management Plan shall further be evaluated in accordance with the standards of Article 4, Part 5, of the Pinelands Comprehensive Management Plan ("Waiver of Strict Compliance").

In addition to each and every other approval requirement of this ordinance, no person shall carry out any development in the Pinelands Area of the Township until the development shall have been approved by an approving authority under the procedural requirements of the Pinelands Commission.

Planning Studies. On occasion, the Township Council authorizes the Planning Board to complete specialized planning studies in conjunction with the Master Plan. Upon adoption of any such study into the Master Plan by resolution of the Planning Board, the standards, goals and recommendations of said planning study shall be considered by the approving authority in evaluating any application for development proposed for the area or zone covered by such studies, and the applicant shall address such standards, goals and recommendations of the study in the application for development.

Character of the Land. Land which the approving authority finds to be in areas having severe or moderate soil characteristics, particularly as the land relates to flooding, improper drainage, steep slopes, rock formations, soil conditions, adverse topography 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 the requirements of this ordinance and all other regulations.

Plats Straddling Municipal Boundaries. Whenever a development abuts or crosses a municipal boundary, access to those lots within the Township shall be from within the Township as the general rule. Whenever access to a development is required across land in an adjoining municipality as the exception, the approving authority shall require documentation that such access is legally established and that the access road is adequately improved, conforms to sound planning principles, and will not create a hardship upon the furnishing of municipal services, such as police and fire protection, snow removal, school bus service, and trash collection.

(Reserved)

Natural Features.

Natural features such as streams, swamps and view, as defined by the Ecological Planning Study of Medford Township (Medford Report), shall be preserved whenever possible, and care shall be taken to preserve trees with a four-inch caliper measured 12 inches from grade.

As specified in § 804.C of this ordinance, the applicant shall review the Ecological Planning Study of Medford Township (Medford Report) in order to analyze the ecological balance of the subject tract as defined through the 19 maps of the Ecological Map Atlas. After identifying these critical areas and resources, the applicant shall present a composite plan which effectively preserves or enhances the natural environment.

Community Design Guidelines and Standards.

Purpose and Intent. The purpose of these Community Design Guidelines and Standards is to achieve and sustain a desirable, traditional visual environment, and to protect and preserve established residential, commercial and industrial neighborhoods in Medford Township, consistent with the Township's Master Plan and well-documented history both natural and built, by applying traditional and creative site and building techniques of good civic design and arrangements.

The intent of this section is to establish readily understandable guidelines and standards for developers to use in design, and for the Township to emphasize in review of proposals involving development, redevelopment and adaptive reuse within Medford Township.

Community Design Guidelines for All Residential, Commercial and Industrial Zoning District.

All development and redevelopment shall be guided by the Community Design Element of the Township Master Plan.

All development and redevelopment shall, to the extent feasible, be designed and made compatible with the natural features of the site. All development and redevelopment shall also be compatible, to the extent feasible, in spacing, massing, materials, roof shape, window division and facade emphasis with the form and character of Medford Township as described in the Community Design Plan Element of the Master Plan.

Building and site improvement materials, colors, and textures shall generally be consistent with Medford Township's traditional architectural styles, which include Victorian, Georgian and Federal, rustic-rural, log, and farm styles, and similar adaptations of these styles. All building elevations within the public view shall be similar adaptations of these styles.

Additions and renovations which require Board approval shall be in harmony with, to the greatest extent possible, the scale, materials and color of the existing structure.

The use of earth tone colors, historical colors, or other colors associated with traditional Medford building design is encouraged. The painting of structures in bold non-traditional colors, patterns, checks and stripes is discouraged.

Historic documentation, such as documents prepared by local, County or State governments, e.g. built in a compact manner: preserving the Village of Medford, and/or photos, shall be used as the primary basis of community design recommendations.

Reconstruction of an historic structure shall be consistent with its precedent in all respects. Building renovations shall incorporate elements of the original facade. Original materials shall be retained wherever possible. The use of clapboard, stone, brick, wood and other traditional facade material is encouraged. Aluminum or vinyl siding, modern metal panels, and mirrored glass surfaces are discouraged in the reconstruction of historic structures.

Continued use of existing historic buildings in the function for which they were built is encouraged. In the alternative, adaptive reuse of existing historic buildings is preferable to demolition.

Significant historic structures identified in the Medford Township Master Plan shall be preserved so that they remain or become visually dominant community features.

Bike paths, sidewalks, and benches shall be integrated where possible in all new development. Regarding pedestrian and bicyclist access and safety, refer to the New Jersey Department of Transportation (NJDOT) Pedestrian Compatible Planning and Design Guidelines, and the NJDOT Bicycle Compatible Roadways and Bikeways. Bicycle racks should be installed where appropriate.

Development and redevelopment shall include comprehensive landscaping plans that emphasize the preservation of mature, healthy vegetation, consistent with design standards set forth in this Township Ordinance.

Existing vegetation along road corridors shall be preserved to the greatest extent possible by limiting clearing and grading along the road frontage to the minimum needed for safety, access and sight distance.

Ground-level utility boxes and mechanical equipment shall be concealed from public view, primarily through the use of landscaping.

Locating stormwater management basins along road frontage should be discouraged and the basins should be concealed from public view to the greatest extent possible.

Community gathering places, such as village greens or small parks, shall be encouraged, and appropriately incorporated into developments whenever possible.

Water conservation and water quality design techniques shall be used in site design wherever possible including the preservation of existing vegetation; the use of landscaping which requires little or no surface spray irrigation or the use of subsurface trickle irrigation where necessary for the viability of trees and shrubs; the control of excessive paving and other impervious surfaces and the design of natural stormwater management facilities.

Additional Community Design Guidelines for All Commercial Zoning Districts.

Commercial and office buildings with multiple uses or tenants shall be designed with a complex massing that includes varying roof lines, projections/recesses, smaller additions to the main building, and/or separate, smaller structures.

Gable roofs with a minimum pitch of 5/12 are encouraged, and should be provided with eaves. Flat roofs should be avoided on one-story buildings. Two-story or taller buildings should be provided with a traditional cornice treatment. Mansard roofs are generally discouraged. Architectural embellishments that add visual interest to roofs, such as dormers, belvederes, masonry chimneys, cupolas, clock towers, and other similar elements are encouraged. The eaves fascia shall be of traditional proportions and shall not be used as a "sign band" for the building.

All permitted buildings within the Commercial Zoning Districts shall avoid long, monotonous wall or roof plans by modulating the facade to give the appearance of several smaller scale buildings. Wall facades exceeding 30 feet in length and oriented towards the public view shall include windows, entrances or similar architectural features appropriately spaced.

Facade treatments shall include traditionally consistent storefronts, doorways, windows, and related design features. Each facade must be treated architecturally, not just the main entrance facade. The entire front, sides and rear of the building should be coordinated in compatible colors and materials. Street facades, in the public view, should receive the greater architectural emphasis.

The architectural design of franchise style, commercial development shall be adapted, to the greatest extent possible, to the form and character of Medford Township as described in the Community Design Plan Element of the Master Plan.

Entrances shall be inviting to pedestrians and, to the fullest extent possible, provide shade and weather protection. Fixed or operable fabric awnings integrated into the overall building design are desirable.

Storefront and display windows shall have a sill height between two feet and three feet from finish floor and a window height no greater than eight feet from finish floor. The maximum width of an individual window shall not exceed 2/3 of window height. Desirable features include appearance of double-hung, traditional style trim, traditional style muntins and operable shutters.

Storefront and display windows shall not be covered by opaque materials which block or obscure the view of displays or goods inside.

Fixed or operable fabric awnings are permitted at the ground floor level; however, one long continuous awning or roof covered walkway as typically utilized in strip retail centers is discouraged. Canvas is the preferred material, although other waterproof fabrics may be used. Metal and plastic awnings, including vinyl, are prohibited.

All equipment providing services to the building whether roof mounted or ground placed, shall be screened by appropriate architectural design.

The use of site and street furniture and improvements including benches, tables, trash receptacles, bike racks, pedestrian walkways, planters and lighting consistent with traditional community character is encouraged.

Parking lots shall be designed to accommodate and encourage safe and convenient pedestrian movement. Parking lots shall also be designed to provide clear on-site visibility for security and safety purposes. Landscaping and buffering should be used abundantly to minimize street view of parking lots. Parking lots, and drive-thrus where permitted, should be placed behind buildings where possible. Primary building frontage and orientation shall be toward the street.

"Do not enter" and "one-way" signs often confuse the motoring public and add to the clutter of the streetscape. They shall be used sparingly in accordance with recommendations by the Board Engineer.

Additional Community Design Requirements for CC, RC, HC-1 and HC-2 Districts.

Architectural style of development in CC, RC, HC-1 and HC-2 Districts shall be designed to avoid massive scale and uniform impersonal appearances of a "big box" commercial center through facade ornamentation, building offsets, window treatments and traditional window sizing, variation in roof lines, entry treatments, upgraded building materials, parking lot placement, layout, landscaping and buffering. Each building facade generally within the public view and greater than 60 feet in length, including separate buildings that are attached, shall include:

Recesses and/or projections of at least four feet extending over at least 20% of the length of the facade;

At least three of the following elements: canopies, raised cornice parapets over entrances, gabled roof forms, arches, awnings and architectural details such as moldings which are integrated into the building structure and evenly distributed.

The exterior building surface including material and color shall include one dominant surface comprising 60% or greater of each building elevation. Dominant exterior materials shall include wood, brick, stone and stucco. Artificial renderings of exterior materials shall be avoided. Dominant facade colors shall be low reflectance, subtle, neutral, earth-toned, or historical. The use of high intensity colors, metallic colors and black is prohibited. Building trim and accents may feature brighter colors. Neon tube lighting shall not be used for building trim or accent.

Additional Community Design Guidelines for Historic Village Commercial HVC, Historic Village Residential HVR, Village Residential Development VRD, and Residential Home Occupation RHO Districts. The Township of Medford Community Design Plan Element of the Master Plan provides a series of community design guidelines which are specifically applicable to the following districts: HVC, HVR, VRD and RHO. These guidelines provide recommendations and descriptions of Medford form and character design features applicable to Medford Village. These guidelines include descriptions of and recommendations for Medford Village traditional doors and porches, windows, roofing, facade exterior, trim, and shutters. These guidelines shall be appropriately considered in the design of all development, redevelopment and adaptive reuse within the HVC, HVR, VRD and RHO districts which require development approval pursuant to the Land Development Ordinance of the Township of Medford.

Referral. The Citizens Architectural Advisory Committee shall apply the guidelines set forth herein to all architectural review undertaken pursuant to § 711. The report and recommendations of the Citizens Architectural Advisory Committee shall be submitted within the time period for review by the approving authority, which shall not be extended without the consent of the applicant.

§ 509 Drainage, Floodwater Protection and Stormwater Management. [1]

[Ord. No. 1992-1 § 1; amended by Ord. No. 2008-7; 10-26-2010 by Ord. No. 2010-32]

Scope and Purpose.

Purpose.

It is hereby determined that:

Land development projects and associated disturbance of vegetation and soil and changes in land cover, including increases in impervious cover, alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes. If inadequately or improperly managed, this stormwater runoff can deplete groundwater resources and increase flooding, stream channel erosion, and sediment transport and deposition.

This stormwater runoff contributes to increased quantities of waterborne pollutants.

Increases of stormwater runoff, soil erosion and non-point-source pollutants have occurred in the past as a result of land development and contribute to the degradation of the water resources of Medford Township and downstream municipalities.

Increased stormwater rates and volumes and the sediments and pollutants associated with stormwater runoff from future development projects have the potential to adversely affect Medford Township's streams and water resources and the streams and water resources of downstream municipalities.

Stormwater runoff, soil erosion and non-point-source pollution can be controlled and minimized through the regulation of stormwater runoff from development sites.

It is in the public interest to regulate the discharge of stormwater runoff from "major development" projects, as defined in Subsection B of this section, as provided in this section, in order to control and minimize increases in stormwater runoff rates and volumes, to maintain groundwater recharge, and to control and minimize soil erosion, stream channel erosion and non-point-source pollution associated with stormwater runoff.

Therefore, it is the purpose of this section to establish minimum stormwater management requirements and controls for major development, consistent with the statewide stormwater requirements at N.J.A.C. 7:8, the regulations and standards contained in the Pinelands CMP, and the provisions of the adopted Master Plan and Land Use Ordinances of Medford Township.

Goals and Techniques.

Through this section, Medford Township has established the following goals for stormwater control:

To reduce flood damage, including damage to life and property;

To minimize any increase in stormwater runoff from new development;

To reduce soil erosion from any development or construction project;

To assure the adequacy of existing and proposed culverts and bridges, and other in-stream structures;

To maintain groundwater recharge;

To minimize any increase in non-point pollution;

To maintain the integrity of stream channels for their biological functions, as well as for drainage;

To restore, protect, maintain and enhance the quality of the streams and water resources of Medford Township and the ecological character and quality of the Pinelands Area;

To minimize pollutants in stormwater runoff from new and existing development in order to restore, protect, enhance and maintain the chemical, physical and biological integrity of the surface waters and groundwaters of Medford Township, to protect public health and to enhance the domestic, municipal, recreational, industrial and other uses of water; and

(10)

To protect public safety through the proper design and operation of stormwater management basins.

In order to achieve the goals for stormwater control set forth in this section, Medford Township has identified the following management techniques:

Implementation of multiple stormwater management best management practices (BMPs) may be necessary to achieve the performance standards for stormwater runoff quantity and rate, groundwater recharge, erosion control, and stormwater runoff quality established through this section.

Compliance with the stormwater runoff quantity and rate, groundwater recharge, erosion control, and stormwater runoff quality standards established through N.J.A.C. 7:8-1.1 et seq., and this section, shall be accomplished to the maximum extent practicable through the use of nonstructural BMPs, before relying on structural BMPs. Nonstructural BMPs are also known as "low-impact development (LID) techniques."

Nonstructural BMPs shall include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater.

Source control plans shall be developed based upon physical site conditions and the origin, nature and the anticipated quantity or amount of potential pollutants.

Structural BMPs, where necessary, shall be integrated with nonstructural stormwater management strategies and proper maintenance plans.

When using structural BMPs, multiple stormwater management measures, smaller in size and distributed spatially throughout the land development site, shall be used wherever possible to achieve the performance standards for water quality, quantity and groundwater recharge established through this section before relying on a single, larger stormwater management measure to achieve these performance standards.

Applicability.

This section shall apply to:

All site plans and subdivisions for major developments occurring within Medford Township that require preliminary or final site plan or subdivision review; and

ENVIRONMENTALLY CRITICAL AREA

All major development projects undertaken by Medford Township shall comply with this section.

Procedures. In addition to other development review procedures set forth in the Code of Medford Township, major developments shall comply with the stormwater management requirements and specifications set forth in this section. New agricultural development that meets the definition of "major development" in Subsection B of this section shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of N.J.A.C. 7:8-5.4(b).

Compatibility with Other Permit and Ordinance Requirements.

Development approvals issued for subdivisions and site plans pursuant to this section are to be considered an integral part of development approvals under the subdivision and site plan review process and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable ordinance, code, rule, regulation, statute, act or other provision of law.

In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law, except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more-restrictive or -stringent provisions or higher standards shall control.

In the event that a regional stormwater management plan(s) is prepared and formally adopted, pursuant to N.J.A.C. 7:8-1.1 et seq., for any drainage area(s) or watershed(s) of which Medford Township is a part, the stormwater provisions of such a plan(s) shall be adopted by Medford Township within one year of the adoption of a Regional Stormwater Management Plan (RSWMP) as an amendment to an Areawide Water Quality Management Plan. Local ordinances proposed to implement the RSWMP shall be submitted to the Commission for certification within six months of the adoption of the RSWMP per N.J.A.C. 7:8 and the Pinelands CMP (N.J.A.C. 7:50.)

Definitions. Unless specifically defined below or in § 200 of this ordinance, words or phrases used in this section shall be interpreted so as to give them the meanings they have in common usage and to give this section its most reasonable application.

AQUACULTURE

The propagation, rearing and subsequent harvesting of aquatic organisms in controlled or selected environments, and their subsequent processing, packaging and marketing, including, but not limited to, activities to intervene in the rearing process to increase production, such as stocking, feeding, transplanting and providing for protection from predators.

CERTIFICATION

A written statement signed and sealed by a licensed New Jersey professional engineer attesting that a BMP design or stormwater management system conforms to or meets a particular set of standards or to action taken by the Commission pursuant to N.J.A.C. 7:50-3, Part II or Part IV. Depending upon the context in which the term is use, the terms "certify" and "certified" shall be construed accordingly.

COMPACTION

The increase in soil bulk density caused by subjecting soil to greater-than-normal loading. Compaction can also decrease soil infiltration and permeability rates.

COUNTY REVIEW AGENCY

An agency designated by the Burlington County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:

A county planning agency; or

A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

DESIGN ENGINEER

A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

DESIGN PERMEABILITY

The tested permeability rate with a factor of safety of 2 applied to it (e.g., if the tested permeability rate of the soils is four inches per hour, the design rate would be two inches per hour).

DRAINAGE AREA

A geographic area within which stormwater, sediments, or dissolved materials drain to a BMP, a stormwater management system, a particular receiving water body or a particular point along a receiving water body.

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 animal species; threatened or endangered plants of the Pinelands pursuant to N.J.A.C. 7:5-6.27(a); large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. T&E habitat constitutes habitat that is critical for the survival of a local population of threatened and endangered species or habitat that is identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program, whichever is more inclusive. Threatened and endangered wildlife shall be protected in conformance with N.J.A.C. 7:50-6.33.

EXCEPTION

The approval by the approving authority of a variance or other material departure from strict compliance with any section, part, phrase or provision of this section. An exception may be granted only under certain specific, narrowly defined conditions described herein and does not constitute a waiver of strict compliance with any section, part, phrase or provision of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-1.1 et seq.).

EXTENDED DETENTION BASIN

A facility constructed through filling and/or excavation that provides temporary storage of stormwater runoff. It has an outlet structure that detains and attenuates runoff inflows and promotes the settlement of pollutants. An extended detention basin is normally designed as a multi-stage facility that provides runoff storage and attenuation for both stormwater quality and quantity management. The term "stormwater detention basin" shall have the same meaning as "extended detention basin."

FINISHED GRADE

The elevation of the surface of the ground after completion of final grading, either via cutting, filling or a combination thereof.

GRADING

Modification of a land slope by cutting and filling with the native soil or redistribution of the native soil which is present at the site.

GROUNDWATER

Water below the land surface in a zone of saturation.

GROUNDWATER MOUNDING ANALYSIS

A test performed to demonstrate that the groundwater below a stormwater infiltration basin will not "mound up," encroach on the unsaturated zone, break the surface of the ground at the infiltration area or downslope, and create an overland flow situation.

HEAVY EQUIPMENT

Equipment, machinery, or vehicles that exert ground pressure in excess of eight pounds per square inch.

HIGH POLLUTANT LOADING AREA

An area in an industrial or commercial development site: where solvents and/or petroleum products are loaded/unloaded, stored, or applied; where pesticides are loaded/unloaded or stored; 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; where recharge would be inconsistent with an NJDEP-approved remedial action work plan or landfill closure plan; and/or where a high risk exists for spills of toxic materials, such as gas stations and vehicle maintenance facilities. The term "HPLA" shall have the same meaning as "high pollutant loading area."

INFILTRATION

The process by which precipitation enters the soil through its surface.

IN-LIEU CONTRIBUTION

A monetary fee collected by Medford Township in lieu of requiring strict on-site compliance with the groundwater recharge, stormwater runoff quantity and/or stormwater runoff quality standards established in this section.

INSTALL

To assemble, construct, put in place or connect components of a stormwater management system.

MEDFORD TOWNSHIP

The Planning Board, Zoning Board of Adjustment or other board, agency or official of Medford Township with authority to approve or disapprove subdivisions, site plans, construction permits, building permits or other applications for development approval. For the purposes of reviewing development applications and ensuring compliance with the requirements of this section, Medford Township may designate the Township Engineer or other qualified designee to act on behalf of Medford Township.

MITIGATION

Acts necessary to prevent, limit, remedy or compensate for conditions that may result from those cases where an applicant has demonstrated the inability or impracticality of strict compliance with the stormwater management requirements set forth in N.J.A.C. 7:8, in an adopted regional stormwater management plan, or in a local ordinance which is as protective as N.J.A.C. 7:8, and an exception from strict compliance is granted by Medford Township and the Pinelands Commission.

NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES MANUAL

Guidance developed by the New Jersey Department of Environmental Protection, in coordination with the New Jersey Department of Agriculture, the New Jersey Department of Community Affairs, the New Jersey Department of Transportation, municipal engineers, county engineers, consulting firms, contractors, and environmental organizations, to address the standards in the New Jersey Stormwater Management Rules, N.J.A.C. 7:8. The BMP Manual provides examples of ways to meet the standards contained in the rule. An applicant may demonstrate that other proposed management practices will also achieve the standards established in the rules. The Manual, and notices regarding future versions of the Manual, are available from the Division of Watershed Management, NJDEP, PO Box 418, Trenton, New Jersey 08625 and on the NJDEP's website, www.njstormwater.org. The term "New Jersey BMP Manual" shall have the same meaning as "New Jersey Stormwater Best Management Practices Manual."

NJDEP

The New Jersey Department of Environmental Protection.

NJPDES

The New Jersey Pollutant Discharge Elimination System as set forth in N.J.S.A. 58:10A-1 et seq. and in N.J.A.C. 7:14A.

NJPDES PERMIT

A permit issued by the NJDEP pursuant to the authority of the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., and N.J.A.C. 7:14A for a discharge of pollutants.

NON-POINT SOURCE

Any human-made or human-induced activity, factor, or condition, other than a point source, from which pollutants are or may be discharged;

Any human-made or human-induced activity, factor, or condition, other than a point source, that may temporarily or permanently change any chemical, physical, biological, or radiological characteristic of waters of the state from what was or is the natural, pristine condition of such waters, or that may increase the degree of such change; or

Any activity, factor, or condition, other than a point source, that contributes or may contribute to water pollution.

The term "NPS" shall have the same meaning as "non-point source."

NONSTRUCTURAL BMP

A stormwater management measure, strategy or combination of strategies that reduces adverse stormwater runoff impacts through sound site planning and design. Nonstructural BMPs include such practices as minimizing site disturbance, preserving important site features, reducing and disconnecting impervious cover, flattening slopes, utilizing native vegetation, minimizing turf grass lawns, maintaining natural drainage features and characteristics and controlling stormwater runoff and pollutants closer to the source. The term "low-impact development technique" shall have the same meaning as "nonstructural BMP."

NUTRIENT

A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERMEABILITY

The rate at which water moves through a saturated unit area of soil or rock material at a hydraulic gradient of one, determined as prescribed in N.J.A.C. 7:9A-6.2 (tube permeameter test), N.J.A.C. 6.5 (pit bailing test) or N.J.A.C. 6.6 (piezometer test). Alternative permeability test procedures may be accepted by the approving authority, provided the test procedure attains saturation of surrounding soils, accounts for hydraulic head effects on infiltration rates, provides a permeability rate with units expressed in inches per hour and is accompanied by a published source reference. Examples of suitable sources include hydrogeology, geotechnical, or engineering text and design manuals, proceedings of American Society for Testing and Materials (ASTM) symposia, or peer-review journals. Neither a soil permeability class rating test, as described in N.J.A.C. 7:9A-6.3, nor a percolation test, as described in N.J.A.C. 7:9A-6.4, is an acceptable test for establishing permeability values for the purpose of complying with this section.

PERMEABLE

Having a permeability of one inch per hour or faster. The terms "permeable soil," "permeable rock" and "permeable fill" shall be construed accordingly.

PINELANDS CMP

The New Jersey Pinelands Comprehensive Management Plan (N.J.A.C. 7:50 1.1 et seq.).

PINELANDS COMMISSION or COMMISSION

The Commission created pursuant to § 5 of the Pinelands Protection Act, N.J.S.A. 13:18A-5.

POINT SOURCE

Any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel, or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substances [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, suspended solids, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

PROFESSIONAL ENGINEER

A person licensed to practice professional engineering in the State of New Jersey pursuant to N.J.S.A. 48:8-27 et seq.

RECHARGE

The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

REPLICATE

One of two or more soil samples or tests taken at the same location (within five feet of each other) and depth, within the same soil horizon or substratum. In the case of fill material, replicate tests are tests performed on subsamples of the same bulk sample packed to the same bulk density.

SAND

A particle size category consisting of mineral particles which are between 0.05 and 2.0 millimeters in equivalent spherical diameter; also, a soil textural class having 85% or more of sand and a content of silt and clay such that the percentage of silt plus 1.5 times the percentage of clay does not exceed 15, as shown in Subsection K.3.a (USDA Soil Textural Triangle).

SEASONALLY HIGH WATER TABLE

The upper limit of the shallowest zone of saturation which occurs in the soil, identified as prescribed in N.J.A.C. 7:9A-5.8.

SEDIMENT

Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

SITE

The lot or lots upon which a major development is to occur or has occurred.

SOIL

All unconsolidated mineral and organic material of any origin which is not a rock substratum, including sediments below the biologically active and/or weathered zones.

SOURCE MATERIAL

Any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to processing, 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 processing, manufacturing, or other industrial activities that are exposed to stormwater.

STORMWATER

Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

STORMWATER INFILTRATION BMP

A basin or other facility constructed within permeable soils that provides temporary storage of stormwater runoff. An infiltration BMP does not normally have a structural outlet to discharge runoff from the stormwater quality design storm. Instead, outflow from an infiltration BMP is through the surrounding soil. The terms "infiltration measure" and "infiltration practice" shall have the same meaning as "stormwater infiltration basin."

STORMWATER MANAGEMENT MEASURE

Any structural or nonstructural strategy, 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. This includes, but is not limited to, structural and nonstructural stormwater best management practices described in the New Jersey BMP Manual and designed to meet the standards for stormwater control contained within this ordinance. The terms "stormwater best management practice" and "stormwater BMP" shall have the same meaning as "stormwater management measure."

STORMWATER RUNOFF

Water flow on the surface of the ground or in storm sewers, resulting from precipitation.

SUITABLE SOIL

Unsaturated soil, above the seasonally high water table, which contains less than 50% by volume of coarse fragments and which has a tested permeability rate of between one and 20 inches per hour.

SURFACE WATER

Any waters of the state which are not groundwater.

TIDAL FLOOD HAZARD AREA

A flood hazard area which may be influenced by stormwater runoff from inland areas but which is primarily caused by the Atlantic Ocean.

TIME OF CONCENTRATION

The time it takes for runoff to travel from the hydraulically most-distant point of the drainage area to the point of interest within a watershed.

TOTAL SUSPENDED SOLIDS

The insoluble solid matter suspended in water and stormwater that is separable by laboratory filtration in accordance with the procedure contained in the "Standard Methods for the Examination of Water and Wastewater," prepared and published jointly by the American Public Health Association, American Water Works Association and the Water Pollution Control Federation. The term "TSS" shall have the same meaning as "total suspended solids."

WATERS OF THE STATE

The ocean and its estuaries, all springs, streams and bodies of surface water and groundwater, whether natural or artificial, within the boundaries of New Jersey or subject to its jurisdiction.

WATER TABLE

The upper surface of a zone of saturation.

WELL

A bored, drilled or driven shaft, or a dug hole, which extends below the seasonally high water table and which has a depth which is greater than its largest surface dimension.

WETLANDS

Those lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. Wetlands include lands with poorly drained or very poorly drained soils as designated by the National Cooperative Soils Survey of the Soil Conservation Service of the United States Department of Agriculture. Wetlands include coastal wetlands and inland wetlands, including submerged lands. The "New Jersey Pinelands Commission Manual for Identifying and Delineating Pinelands Area Wetlands: A Pinelands Supplement to the Federal Manual for Identifying and Delineating Jurisdictional Wetlands," dated January, 1991, as amended, may be utilized in delineating the extent of wetlands based on the definitions of "wetlands" and "wetlands soils" contained in this section, N.J.A.C. 7:50 2.11, 6.4 and 6.5. The term "wetland" shall have the same meaning as "wetlands."

WET POND

A stormwater facility constructed through filling and/or excavation that provides both permanent and temporary storage of stormwater runoff. It has an outlet structure that creates a permanent pool and detains and attenuates runoff inflows and promotes the settling of pollutants. A stormwater retention basin can also be designed as a multi-stage facility that also provides extended detention for enhanced stormwater quality design storm treatment and runoff storage and attenuation for stormwater quantity management. The term "stormwater retention basin" shall have the same meaning as "wet pond."

Requirements for a Site Development Stormwater Plan.

Submission of Site Development Stormwater Plan.

Whenever an applicant seeks municipal approval of a site development that is subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection C.3 below as part of the applicant's application for subdivision or site plan approval. These required components are in addition to any other information required under any provisions of Medford Township's Land Use Ordinance or by the Pinelands Commission pursuant to N.J.A.C. 7:50-1.1 et seq.

The applicant shall demonstrate that the site development project meets the standards set forth in this section.

The applicant shall submit three copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection C.3 of this section.

Site Development Stormwater Plan Approval.

The applicant's site development stormwater plan shall be reviewed as a part of the subdivision or site plan review process by the municipal board or official from whom municipal approval is sought. That municipal board or official shall consult the engineer retained by the Planning and/or Zoning Board (as appropriate) to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.

Checklist Requirements. Any application for approval of a major development shall include at least the following information. All required final engineering plans shall be submitted to Medford Township and the Pinelands Commission in CAD format if available, registered and rectified to NJ State Plane Feet NAD 83 or Shape Format NJ State Plane Feet NAD 83, and all other documents shall be submitted in both paper and commonly used electronic file formats such as pdf, word processing, database or spreadsheet files if available. Three copies of each item shall be submitted.

Topographic Base Map. The applicant shall submit a topographic base map of the site which extends a minimum of 300 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing one-foot contour intervals. The map shall indicate the following: existing surface water drainage, shorelines, steep slopes, soils, highly erodible soils, perennial or intermittent streams that drain into or upstream of any Category 1 or Pinelands waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing surface and subsurface human-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown. Medford Township or the Pinelands Commission may require upstream tributary drainage system information as necessary.

Environmental Site Analysis. The applicant shall submit a written description along with the drawings of the natural and human-made features of the site and its environs. This description should include:

A discussion of environmentally critical areas, 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 for or constraints on development; and

Detailed soil and other environmental conditions on the portion of the site proposed for installation of any stormwater BMPs, including, at a minimum: a soils report based on on-site soil tests; locations and spot elevations in plan view of test pits and permeability tests; permeability test data and calculations; and any other required soil data (e.g., mounding analysis results) correlated with location and elevation of each test site; cross-section of proposed stormwater BMP with side-by-side depiction of soil profile drawn to scale and seasonal high-water table elevation identified; and any other information necessary to demonstrate the suitability of the specific proposed structural and nonstructural stormwater management measures relative to the environmental conditions on the portion(s) of the site proposed for implementation of those measures.

Project Description and Site Plan(s). The applicant shall submit 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.

Land Use Planning and Source Control Plan.

The applicant shall submit a detailed land use planning and source control plan which provides a description of how the site will be developed to meet the erosion control, groundwater recharge and stormwater runoff quantity and quality standards at Subsection E through use of nonstructural or low-impact development techniques and source controls to the maximum extent practicable before relying on structural BMPs. The land use planning and source control plan shall include a detailed narrative and associated illustrative maps and/or plans that specifically address how each of the following nine nonstructural strategies identified in Subchapter 5 of the NJDEP Stormwater Management Rules (N.J.A.C. 7:8-5) and set forth below [Subsection C.3.d(1)(a) through (i)] will be implemented to the maximum extent practicable to meet the standards at Subsection E of this section on the site. If one or more of the nine nonstructural strategies will not be implemented on the site, the applicant shall provide a detailed rationale establishing a basis for the contention that use of the strategy is not practicable on the site.

Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;

Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces;

Maximize the protection of natural drainage features and vegetation;

Minimize the decrease in the predevelopment "time of concentration";

Minimize land disturbance, including clearing and grading;

Minimize soil compaction and all other soil disturbance;

Provide low-maintenance landscaping that provides for the retention and planting of native plants and minimizes the use of lawns, fertilizers and pesticides, in accordance with N.J.A.C. 7:50-6.24;

Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas; and

(i)

Provide other source controls to prevent or minimize the use or exposure of pollutants at the site in order to prevent or minimize the release of those pollutants into stormwater runoff. These source controls shall include, but are not limited to:

Site design features that help to prevent accumulation of trash and debris in drainage systems;

Site design features that help to prevent discharge of trash and debris from drainage systems;

iii.

Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and

iv.

Applying fertilizer in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules, when establishing vegetation after land disturbance.

For sites where stormwater will be generated from "high-pollutant loading areas" or where stormwater will be exposed to "source material," as defined in Subsection B of this section, the applicant shall also demonstrate in the land use planning and source control plan that the requirements of Subsection E have been met.

The use of nonstructural strategies to meet the performance standards in Subsection E of this section is not required for development sites creating less than one acre of disturbance. However, each application for major development and any other application where Medford Township otherwise requires a landscaping plan shall contain a landscaping or revegetation plan in accordance with the CMP standards at N.J.A.C. 7:50-6.24(c). In addition, the applicant shall demonstrate that, at a minimum, existing trees and vegetation on the development site will be preserved and protected according to the minimum standards established by provisions of the Medford Township Land Use Ordinance, Zoning Ordinance or by conditions of zoning or variance approval.

Stormwater Management Facilities Map. The applicant shall submit a map, at the same scale as the topographic base map, depicting the following information:

The total area to be disturbed, paved and/or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to manage and dispose of stormwater; and

Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention (if applicable), and emergency spillway provisions with maximum discharge capacity of each spillway.

Calculations (Groundwater Recharge and Stormwater Runoff Rate, Volume and Quality). The applicant shall submit comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection D. The standards for groundwater recharge and stormwater runoff rate, volume and quality required by Subsection E shall be met using the methods, calculations and assumptions provided in Subsection D.

Inspection, Maintenance and Repair Plan. The applicant shall submit a detailed plan describing how the proposed stormwater management measure(s) shall meet the maintenance and repair requirements of Subsection G of this section. Said plan shall include, at a minimum, the following elements:

The frequency with which inspections will be made;

The specific maintenance tasks and requirements for each proposed structural and nonstructural BMP;

The name, address and telephone number for the entity responsible for implementation of the maintenance plan;

The reporting requirements; and

Copies of the inspection and maintenance reporting sheets.

Exception from Submission Requirements. An exception may be granted from submission of any of these required components (except Subsection C.3.g above, Inspection, Maintenance, and Repair Plan) if its absence will not materially affect the review process. However, items required pursuant to the application requirements in the Pinelands CMP [N.J.A.C. 7:50-4.2(b)] shall be submitted to the New Jersey Pinelands Commission unless the Executive Director waives or modifies the application requirements.

Methodologies for the Calculation of Stormwater Runoff Rate and Volume, Stormwater Runoff Quality, and Groundwater Recharge.

Method of Calculating Stormwater Runoff Rate and Volume.

In complying with the stormwater runoff quantity and rate standards in Subsection E.2, the design engineer shall calculate the stormwater runoff rate and volume using the USDA Natural Resources Conservation Service (NRCS) Runoff Equation, Runoff Curve Numbers, and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook Part 630 - Hydrology and Technical Release 55 - Urban Hydrology for Small Watersheds, incorporated herein by reference, as amended and supplemented. Alternative methods of calculation may be utilized, provided such alternative methods are at least as protective as the NRCS methodology when considered on a regional stormwater management basis.

In calculating stormwater runoff using the NRCS methodology, the design engineer shall separately calculate and then combine the runoff volumes from pervious and directly connected impervious surfaces within each drainage area within the parcel.

Calculation of stormwater runoff from unconnected impervious surfaces shall be based, as applicable, upon the two-step method described in the current New Jersey Stormwater Best Management Practices Manual or the NRCS methodology.

In calculating stormwater runoff using the NRCS methodology, the design engineer shall use appropriate twenty-four-hour rainfall depths as developed for the project site by the National Oceanic and Atmospheric Administration, available online at http://hdsc.nws.noaa.gov/hdsc/pfds/index.html.

When calculating stormwater runoff for predeveloped site conditions, the design engineer shall use the following criteria:

When selecting or calculating Runoff Curve Numbers (CNs) for predeveloped project site conditions, the project site's land cover shall be assumed to be woods in good condition. However, another land cover may be used to calculate runoff coefficients if:

Such land cover has existed at the site or portion thereof without interruption for at least five years immediately prior to the time of application; and

The design engineer can document the character and extent of such land cover through the use of photographs, affidavits, and/or other acceptable land use records.

If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations.

All predeveloped land covers shall be assumed to be in good hydrologic condition and, if cultivated, shall be assumed to have conservation treatment.

In calculating predeveloped site stormwater runoff, the design engineer shall include the effects of all land features and structures, such as ponds, wetlands, depressions, hedgerows, and culverts, that affect predeveloped site stormwater runoff rates and/or volumes.

Where tailwater will affect the hydraulic performance of a stormwater management measure, the design engineer shall include such effects in the measure's design.

Method of Calculating Stormwater Runoff Quality.

In complying with the stormwater runoff quality standards in Subsection E.6.a, the design engineer shall calculate the stormwater runoff rate and volume using the USDA Natural Resources Conservation Service (NRCS) Runoff Equation, Runoff Curve Numbers, and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook Part 630 - Hydrology and Technical Release 55 - Urban Hydrology for Small Watersheds, as amended and supplemented.

The design engineer shall also use the NJDEP water quality design storm, which is 1.25 inches of rainfall falling in a nonlinear pattern in two hours. Details of the water quality design storm are shown in Table 1.

Calculation of runoff volumes, peak rates, and hydrographs for the water quality design storm may take into account the implementation of nonstructural and structural stormwater management measures.

Table 1: Water Quality Design Storm Distribution*
Time (minutes)	Cumulative Rainfall (inches)
0	0.0000
5	0.0083
10	0.0166
15	0.0250
20	0.0500
25	0.0750
30	0.1000
35	0.1330
40	0.1660
45	0.2000
50	0.2583
55	0.3583
60	0.6250
65	0.8917
70	0.9917
75	1.0500
80	1.0840
85	1.1170
90	1.1500
95	1.1750
100	1.2000
105	1.2250
110	1.2334
115	1.2417
120	1.2500

NOTES:
*	Source: N.J.A.C. 7:8-5.5(a).

Total Suspended Solids (TSS) Reduction Calculations.

If more than one stormwater BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

R = A + B - (A x B)/100. Where:

R = Total TSS percent load removal from application of both BMPs;

A = The TSS percent removal rate applicable to the first BMP; and

B = The TSS percent removal rate applicable to the second BMP.

If there is more than one on-site drainage area, the 80% TSS removal rate shall apply to each drainage area, unless the runoff from the subareas converge on site, in which case the removal rate can be demonstrated through a calculation using a weighted average.

TSS Removal Rates for Stormwater BMPs.

For purposes of TSS reduction calculations, Table 2 presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey BMP Manual. The BMP Manual may be obtained from the address identified in Subsection L.1 or found on the NJDEP's website at www.njstormwater.org. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2.

Alternative stormwater management measures, removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to Medford Township. Any alternative stormwater management measure, removal rate or method of calculating the removal rate shall be subject to approval by Medford Township, and a copy shall be provided to the following:

The Division of Watershed Management, New Jersey Department of Environmental Protection, P.O. Box 418 Trenton, New Jersey, 08625-0418; and

The New Jersey Pinelands Commission, P.O. Box 7, New Lisbon, New Jersey, 08064, if the project is within the Pinelands Area.

Table 2: Pollutant Removal Rates for BMPs*
Best Management Practice	TSS Percent Removal Rate	Total Phosphorus Percent Removal Rate	Total Nitrogen Percent Removal Rate
Bioretention systems	90	60	30
Constructed stormwater wetland	90	50	30
Extended detention basin	40-60 (final rate based upon detention time; see New Jersey BMP Manual, Chapter 9)	20	20
Infiltration basin	80	60	50
Manufactured treatment device	Pollutant removal rates as certified by NJDEP; see Subsection D	Pollutant removal rates as certified by NJDEP; see Subsection D	Pollutant removal rates as certified by NJDEP; see Subsection D
Pervious paving systems	80 (porous paving)	60	50
	80 (permeable pavers with storage bed)
	0-volume reduction only (permeable pavers without storage bed)	0-volume reduction only (permeable pavers without storage bed)	0-volume reduction only (permeable pavers without storage bed)
Sand filter	80	50	35
Vegetative filter strip (For filter strips with multiple vegetated covers, the final TSS removal rate should be based upon a weighted average of the adopted rates shown in Table 2, based upon the relative flow lengths through each cover type.)	60 (turf grass)	30	30
	70 (native grasses, meadow and planted woods)
	80 (indigenous woods)
Wet pond/retention basin	50-90 (final rate based upon pool volume and detention time; see NJ BMP Manual)	50	30

NOTES:
*Source: N.J.A.C. 7:8-5.5(c) and New Jersey BMP Manual Chapter 4.

Nutrient removal rates for stormwater BMPs. For purposes of post-development nutrient load reduction calculations, Table 2 presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey BMP Manual. If alternative stormwater BMPs are proposed, the applicant shall demonstrate that the selected BMPs will achieve the nutrient removal standard required in Subsection E.6.

Methods of Calculating Groundwater Recharge.

In complying with the groundwater recharge requirements in Subsection E.3.a(1), the design engineer may calculate groundwater recharge in accordance with the New Jersey Groundwater Recharge Spreadsheet (NJGRS) computer program, incorporated herein by reference, as amended and supplemented. Information regarding the methodology is available in Subsection K.1 or from the New Jersey BMP Manual.

Alternative groundwater recharge calculation methods to meet these requirements may be used upon approval by the Township Engineer.

In complying with the groundwater recharge requirements in Subsection E.3.a(2), the design engineer shall:

Calculate stormwater runoff volumes in accordance with the USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Runoff Curve Numbers, as described in the NRCS National Engineering Handbook Part 630 - Hydrology and Technical Release 55 - Urban Hydrology for Small Watersheds, as amended and supplemented; and

Use appropriate two-year, twenty-four-hour rainfall depths as developed for the project site by the National Oceanic and Atmospheric Administration, available online at http://hdsc.nws.noaa.gov/hdsc/pfds/index.html.

When calculating groundwater recharge or stormwater runoff for predeveloped site conditions, the design engineer shall use the following criteria:

When selecting land covers or calculating Runoff Curve Numbers (CNs) for predeveloped project site conditions, the project site's land cover shall be assumed to be woods. However, another land cover may be used to calculate runoff coefficients if:

Such land cover has existed at the site or portion thereof without interruption for at least five years immediately prior to the time of application; and

The design engineer can document the character and extent of such land cover through the use of photographs, affidavits, and/or other acceptable land use records.

If more than one land cover, other than woods, has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential (including woods) shall be used for the computations.

All predeveloped land covers shall be assumed to be in good hydrologic condition and, if cultivated, shall be assumed to have conservation treatment.

Stormwater Management Performance Standards for Major Development.

Nonstructural Stormwater Management Strategies.

To the maximum extent practicable, the performance standards in Subsection E for major development shall be met by incorporating the nine nonstructural strategies identified in Subchapter 5 of the New Jersey Stormwater Management Rules (N.J.A.C. 7:8-5), and set forth in Subsection C.3.d.1, into the design. The applicant shall identify within the land use planning and source control plan required by Subsection C.3.d of this section how each of the nine nonstructural measures will be incorporated into the design of the project to the maximum extent practicable.

If the applicant contends that it is not practical for engineering, environmental or safety reasons to incorporate any of the nine nonstructural strategies into the design of a particular project, the applicant shall provide a detailed rationale establishing a basis for the contention that use of the strategy is not practical on the site. This rationale shall be submitted in accordance with the checklist requirements established by Subsection E to Medford Township. A determination by Medford Township that this rationale is inadequate or without merit shall result in a denial of the application unless one of the following conditions is met:

The land use planning and source control plan is amended to include a description of how all nine nonstructural measures will be implemented on the development site, and the amended plan is approved by Medford Township;

The land use planning and source control plan is amended to provide an alternative nonstructural strategy or measure that is not included in the list of nine nonstructural measures, but still meets the performance standards in Subsection E, and the amended plan is approved by Medford Township; or

The land use planning and source control plan is amended to provide an adequate rationale for the contention that use of the particular strategy is not practical on the site, and the amended plan is approved by Medford Township.

In addition to all other requirements of this section, each applicant shall demonstrate that, at a minimum, existing trees and vegetation on the development site will be preserved, protected and maintained according to the minimum standards established by provisions of the Medford Township Land Use Ordinance, Zoning Ordinance or by conditions of zoning or variance approval. Existing trees and vegetation shall be protected during construction activities in accordance with the "Standard for Tree Protection During Construction" provided in the New Jersey State Soil Conservation Committee Standards for Soil Erosion and Sediment Control in New Jersey, which is incorporated herein by reference, as amended and supplemented.

In addition to all other requirements of this section, each application for major development, and any other application where Medford Township otherwise requires a landscaping plan, shall contain a landscaping or revegetation plan in accordance with § 516, Landscaping and Street Trees. For projects located in the Pinelands Area, the plan shall be in accordance with the Pinelands CMP standards at N.J.A.C. 7:50-6.24(c).

Any land area used as a nonstructural stormwater management measure to meet the performance standards in Subsection E shall be dedicated to a government entity; shall be subjected to a conservation easement filed with the appropriate County Clerk's office; or shall be subjected to an equivalent form of restriction approved by Medford Township that ensures that that measure, or equivalent stormwater management measure, is maintained in perpetuity, as detailed in Subsection G of this section.

Guidance for nonstructural stormwater management strategies is available in the New Jersey BMP Manual, which may be obtained from the address identified in Subsection L.1 or found on the NJDEP's website at www.njstormwater.org.

Exception for Major Development Sites Creating Less Than One Acre of Disturbance. The use of nonstructural strategies to meet the performance standards in Subsection E of this section is not required for major development creating less than one acre of disturbance. However, the following requirements shall be met:

Each application for major development and any other application where Medford Township otherwise requires a landscaping plan shall contain a landscaping or revegetation plan. Those areas within the Pinelands jurisdiction shall be prepared in accordance with the Pinelands CMP standards [N.J.A.C. 7:50-6.24(c)];

Each applicant shall demonstrate that, at a minimum, existing trees and vegetation on the development site will be preserved and protected according to the minimum standards established by provisions of the Medford Township Land Use Ordinance, Zoning Ordinance or by conditions of zoning or variance approval; and

Existing trees and vegetation shall be protected during construction activities in accordance with the "Standard for Tree Protection During Construction" provided in the New Jersey State Soil Conservation Committee Standards for Soil Erosion and Sediment Control in New Jersey, which is incorporated herein by reference, as amended and supplemented.

Stormwater Runoff Quantity and Rate Standards.

There shall be no direct discharge of stormwater runoff from any point or non-point source to any wetland, wetlands transition area or surface water body in the Pinelands Area. In addition, stormwater runoff shall not be directed in such a way as to increase the volume and/or rate of discharge into any surface water body from that which existed prior to development of the site.

To the maximum extent practical, there shall be no direct discharge of stormwater runoff onto farm fields so as to protect farm crops from damage due to flooding, erosion and long-term saturation of cultivated crops and cropland.

Only for major developments located within the Pinelands Area, the total runoff volume generated from the net increase in impervious surfaces by a ten-year, twenty-four-hour storm shall be retained and infiltrated on site.

In addition, the design engineer, using the assumptions and factors for stormwater runoff and groundwater recharge calculations contained in Subsection D, shall either:

Demonstrate through hydrologic and hydraulic analysis that the post-developed stormwater runoff hydrographs from the project site for the two-, ten- and one-hundred-year storms do not exceed, at any point in time, the site's predeveloped runoff hydrographs for the same storms;

Demonstrate through hydrologic and hydraulic analysis that, under post-developed site conditions:

There is no increase in predeveloped stormwater runoff rates from the project site for the two-, ten- and one-hundred-year storms; and

Any increased stormwater runoff volume or change in stormwater runoff timing for the two-, ten- and one-hundred-year storms will not increase flood damage at or downstream of the project site. When performing this analysis for predeveloped site conditions, all off-site development levels shall reflect existing conditions. When performing this analysis for post-developed site conditions, all off-site development levels shall reflect full development in accordance with current Zoning and Land Use Ordinances; or

Demonstrate that the peak post-developed stormwater runoff rates from the project site for the two-, ten- and one-hundred-year storms are 50%, 75% and 80%, respectively, of the site's peak predeveloped stormwater runoff rates for the same storms. Peak outflow rates from on-site stormwater measures for these storms shall be adjusted where necessary to account for the discharge of increased stormwater runoff rates and/or volumes from project site areas not controlled by the on-site measures. These percentages do not have to be applied to those portions of the project site that are not proposed for development at the time of application, provided that such areas:

Are protected from future development by imposition of a conservation easement, deed restriction, or other acceptable legal measures; or

Would be subject to review under these standards if they are proposed for any degree of development in the future.

In tidal flood hazard areas, a stormwater runoff quantity analysis in accordance with Subsection E.2.d(2)(a), (b) and (c) above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.

The standards for stormwater runoff quantity and rate required by this section shall be met using the methods, calculations and assumptions provided in Subsection D.

Groundwater Recharge Standards.

For all major developments, with the exception of those described in Subsection E.3.d below, the design engineer, using the assumptions and factors for stormwater runoff and groundwater recharge calculations contained in Subsection D, shall either:

Demonstrate through hydrologic and hydraulic analysis that the post-developed project site maintains 100% of the site's predeveloped average annual groundwater recharge volume; or

Demonstrate through hydrologic and hydraulic analysis that any increase in the project site's stormwater runoff volume for the two-year, twenty-four-hour storm from predeveloped to post-developed conditions is infiltrated on site.

The design engineer shall assess the hydraulic impact on the groundwater table and design the project site and all site groundwater recharge measures so as to avoid adverse hydraulic impacts. Adverse hydraulic impacts include, but are not limited to: raising the groundwater table so as to cause surface ponding; flooding of basements and other subsurface structures and areas; preventing a stormwater infiltration basin from completely draining via infiltration within 72 hours of a design storm event; and interference with the proper operation of subsurface sewage disposal systems and other surface and subsurface facilities in the vicinity of the groundwater recharge measure.

The standards for groundwater recharge required by this section shall be met using the methods, calculations and assumptions provided in Subsection D.

Exceptions.

The preceding groundwater recharge standards shall not apply to sites that create less than one acre of disturbance.

Erosion Control Standards. The minimum design and performance 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 its implementing regulations, N.J.A.C. 2:90-1.1 through 2:90-1.4.

Stormwater Runoff Quality Standards.

There shall be no direct discharge of stormwater runoff from any point or non-point source to any wetland, wetland transition area or surface water body in the Pinelands Area.

Stormwater management measures shall be designed to reduce the total suspended solids (TSS) load in the stormwater runoff from the post-developed site by 80%, expressed as an annual average.

Stormwater management measures shall also be designed to reduce the nutrient load in the stormwater runoff from the post-developed site by the maximum extent practicable. In achieving this reduction, the design of the development site shall include nonstructural and structural stormwater management measures that optimize nutrient removal while still achieving the groundwater recharge, runoff quantity and rate, and TSS removal standards in this section.

The standards for stormwater runoff quality required by this section shall be met using the methods, calculations, assumptions and pollutant removal rates provided in Subsection D.

Exceptions.

The preceding stormwater runoff quality standards shall not apply to the following major development sites:

Major development sites where less than 0.25 acre of additional impervious surface is proposed; or

Major residential development sites that create less than one acre of disturbance.

The TSS reduction requirement in Subsection E.6.b shall not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the NJPDES rules (N.J.A.C. 7:14A) or in a discharge specifically exempt under an NJPDES permit from this requirement.

The stormwater runoff quantity and rate standards in Subsection E.2 shall still be met for all major development sites.

Additional Stormwater Quality Standards for High Pollutant Loading Areas and Areas Where Stormwater Runoff is Exposed to Source Material.

This subsection applies to the following areas of a major development as defined in Subsection B of this section:

High pollutant loading areas (HPLAs); and

Areas where stormwater is exposed to "source material."

For a major development in areas described in Subsection E.6.a above, in addition to the infiltration requirements specified in Subsection E.2.b and the groundwater recharge requirements specified in Subsection E.3, the applicant shall demonstrate in the land use planning and source control plan required in Subsection C.3.d that the following requirements have been met:

The extent of the areas described in Subsection E.6.a above has been minimized on the development site to the maximum extent practicable;

The stormwater runoff from the areas described Subsection E.6.a above is segregated to the maximum extent practicable from the stormwater runoff generated from the remainder of the site such that commingling of the stormwater runoff from the areas described in Subsection E.6.a above and the remainder of the site will be minimized;

The amount of precipitation falling directly on the areas described in Subsection E.6.a above is minimized to the maximum extent practicable by means of a canopy, roof or other similar structure that reduces the generation of stormwater runoff; and

The stormwater runoff from or commingled with the areas described in Subsection E.6.a above for the water quality design storm, defined in Subsection D.2, Table 1, shall be subject to pretreatment by one or more of the following stormwater BMPs, designed in accordance with the New Jersey BMP Manual to provide 90% TSS removal:

Bioretention system;

Sand filter;

Wet ponds which shall be hydraulically disconnected by a minimum of two feet of vertical separation from the seasonal high-water table and shall be designed to achieve a minimum 80% TSS removal rate;

Constructed stormwater wetlands; and/or

Media filtration system manufactured treatment device with a minimum 80% TSS removal as verified by the New Jersey Corporation for Advanced Technology and as certified by NJDEP.

If the potential for contamination of stormwater runoff by petroleum products exists on site, prior to being conveyed to the pretreatment BMP, the stormwater runoff from the areas described in Subsection E.6.a above shall be conveyed through an oil/grease separator or other equivalent manufactured filtering device to remove the petroleum hydrocarbons. The applicant shall provide the reviewing agency with sufficient data to demonstrate acceptable performance of the device.

Threatened and Endangered Species and Associated Habitat Standards. Stormwater management measures shall address the impacts of the development on habitats for threatened and endangered species, in accordance with N.J.A.C. 7:8-5.2(c), N.J.A.C. 7:50-6.27, and N.J.A.C. 7:50-6.33 and 7:50-6.34.

Exceptions and Mitigation Requirements.

Exceptions from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements established by this section may be granted, at the discretion of Medford Township, and subject to approval by the Pinelands Commission for those projects under its jurisdiction, provided that all of the following conditions are met:

The exception is consistent with that allowed by Medford Township.

Medford Township has an adopted and effective municipal stormwater management plan in accordance with N.J.A.C. 7:8-4.4, which includes a mitigation plan in accordance with N.J.A.C. 7:8-4.2(c)11, and is also certified by the Pinelands Commission. The applicant shall submit a written report describing the reasons justifying the granting of the exception meeting one of the following:

An inability to apply any of the best management practices and methodologies as defined and approved herein and in the stormwater management plan, due to an extraordinary and exceptional situation uniquely affecting the subject property or the structures thereon, resulting in a peculiar and exceptional practical difficulty or undue hardship; or

That the purposes of this section and the stormwater management plan can be advanced by a deviation from the best management practices and methodologies as defined and approved herein and in the stormwater management plan, where the benefits of such deviation substantially outweigh any detriment.

The applicant demonstrates that mitigation, in addition to the requirements of the mitigation plan discussed in Subsection E.8.a(2) above, will be provided consistent with one of the following options:

Mitigation may be provided off site, but within the same drainage area as the development site, and for those projects in the Pinelands the mitigation site must also be located in the Pinelands, and shall meet or exceed the equivalent recharge, quality or quantity performance standard which is lacking on the development site due to the exception; or

At the Township's sole discretion, a monetary "in-lieu contribution" may be provided by the applicant to Medford Township in lieu of constructing the mitigation project in accordance with the following:

The amount of the in-lieu contribution shall be determined by Medford Township, but the maximum in-lieu contribution required shall be equivalent to the total cost of implementing and maintaining the stormwater management measure(s), including but not limited to design, land acquisition, permitting, construction and maintenance, for which the exception is granted;

The in-lieu contribution shall be used to fund an off-site stormwater control mitigation project(s), within the same drainage area as the development site, and for projects located in the Pinelands the mitigation site shall be located in the Pinelands, and shall meet or exceed the equivalent recharge, quality or quantity performance standards which are lacking on the development site. Such mitigation project shall be identified by Medford Township in Medford Township's adopted municipal stormwater management plan or be identified by Medford Township at the time the exception is granted. The applicant shall amend the project description and site plan required in Subsection C.3.c to incorporate a description of both the standards for which an on-site exception is being granted and of the selected off-site mitigation project.

iii.

Medford Township shall expend the in-lieu contribution to implement the selected off-site mitigation project within five years from the date that payment is received. Should Medford Township fail to expend the in-lieu contribution within the required time frame, the mitigation option provided in Subsection E.8.a(3)(b) shall be void, and Medford Township shall be prohibited from collecting in-lieu contributions.

An exception cannot be granted due to conditions created by the applicant. If the applicant can comply with the requirements of this section and the stormwater management plan through reduction of the size of the project, the hardship is self-imposed, and the Planning or Zoning Board, as appropriate, lacks jurisdiction to grant any exception under this subsection.

An exception from strict compliance granted in accordance with Subsection E.8.a above shall not constitute a waiver of strict compliance from the requirements of the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50. An applicant should contact the Pinelands Commission to determine whether a waiver of strict compliance is also required in accordance with N.J.A.C. 7:50, Subchapter 4, Part V.

Design, Construction, and Safety Standards for Structural Stormwater Management Measures.

General Design and Construction Standards.

Structural stormwater management measures shall be designed to meet the standards established in this section. These standards have been developed to protect public safety, conserve natural features, create an aesthetically pleasing site and promote proper on-site stormwater management.

The following structural stormwater management measures may be utilized as part of a stormwater management system at a major land development in the Pinelands, provided that the applicant demonstrates that they are designed, constructed and maintained so as to meet the standards and requirements established by this section. If alternative stormwater management measures are proposed, the applicant shall demonstrate that the selected measures will achieve the standards established by this section.

Bioretention systems;

Constructed stormwater wetlands;

Extended detention basins;

Infiltration basins;

Vegetated filter strips;

Infiltration basins and trenches;

Wet ponds with suitable liners;

Pervious paving systems; and

Manufactured treatment devices, provided their pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the NJDEP.

Structural stormwater management measures shall be designed to take into account the existing site conditions, including environmentally critical areas, wetlands, flood-prone areas, slopes, depth to seasonal high-water table, soil type, permeability and texture, and drainage area and drainage patterns.

Structural stormwater management measures shall be designed and constructed to be strong, durable, and corrosion-resistant (measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.8 shall be deemed to meet this requirement); to minimize and facilitate maintenance and repairs; and to ensure proper functioning.

For all stormwater management measures at a development site, each applicant shall submit a detailed inspection, maintenance and repair plan consistent with the requirements of Subsection G of this section.

To the maximum extent practicable, the design engineer shall design structural stormwater management measures on the development site in a manner that:

Limits site disturbance, maximizes stormwater management efficiencies, and maintains or improves aesthetic conditions;

Utilizes multiple stormwater management measures, smaller in size and distributed spatially throughout the land development site, instead of a single larger structural stormwater management measure;

Incorporates pretreatment measures. Pretreatment can extend the functional life and increase the pollutant removal capability of a structural stormwater management measure. Pretreatment measures may be designed in accordance with the New Jersey BMP Manual or other sources approved by the Township Engineer.

Stormwater management basins shall be designed in a manner that complements and mimics the existing natural landscape, including but not limited to the following design strategies:

Use of natural, nonwetland wooded depressions for stormwater runoff storage; and

Establishment of attractive landscaping in and around the basin that mimics the existing vegetation and incorporates native Pinelands plants, including, but not limited to, the species listed in N.J.A.C. 7:50-6.25 and 7:50-6.26.

Stormwater management basins shall be designed with gently sloping sides. The maximum allowable basin side slope shall be three horizontal to one vertical (3:1).

Guidance on the design and construction of structural stormwater management measures may be found in the New Jersey BMP Manual. Other guidance sources may also be used upon approval by the Township Engineer.

After all construction activities and required field testing have been completed on the development site, as-built plans depicting design and as-built elevations of all stormwater management measures shall be prepared by a licensed land surveyor and submitted to the Township Engineer. Based upon the Township Engineer's review of the as-built plans, all corrections or remedial actions deemed by the Township Engineer to be necessary due to the failure to comply with the standards established by this section and/or any reasons of public health or safety shall be completed by the applicant. In lieu of review by the Township Engineer, Medford Township reserves the right to engage a professional engineer to review the as-built plans. The applicant shall pay all costs associated with such review.

Design and Construction Standards for Stormwater Infiltration BMPs.

Stormwater infiltration BMPs, such as bioretention systems with infiltration, dry wells, infiltration basins, pervious paving systems with storage beds, and sand filters with infiltration, shall be designed, constructed and maintained to completely drain the total runoff volume generated by the basin's maximum design storm within 72 hours after a storm event. Runoff storage for greater times can render the BMP ineffective and may result in anaerobic conditions, odor and both water quality and mosquito-breeding problems.

Stormwater infiltration BMPs shall be designed, constructed and maintained to provide a minimum separation of at least two feet between the elevation of the lowest point of the bottom of the infiltration BMP and the seasonal high-water table.

A stormwater infiltration BMP shall be sited in suitable soils verified by field testing to have permeability rates between one and 20 inches per hour. If such site soils do not exist or if the design engineer demonstrates that it is not practical for engineering, environmental or safety reasons to site the stormwater infiltration BMP(s) in such soils, then the stormwater infiltration BMP(s) may be sited in soils verified by field testing to have permeability rates in excess of 20 inches per hour, provided that a bioretention system, designed, installed and maintained in accordance with the New Jersey BMP Manual, is installed to meet one of the following conditions:

The bioretention system is constructed as a separate measure designed to provide pretreatment of stormwater and to convey the pretreated stormwater into the infiltration BMP; or

The bioretention system is integrated into and made part of the infiltration BMP and, as such, does not require an underdrain system. If this option is selected, the infiltration BMP shall be designed and constructed so that the maximum water depth in the bioretention system portion of the BMP during treatment of the stormwater quality design storm is 12 inches in accordance with the New Jersey BMP Manual.

The minimum design permeability rate for the soil within a BMP that relies on infiltration shall be 0.5 inch per hour. A factor of safety of two shall be applied to the soil's field-tested permeability rate to determine the soil's design permeability rate. For example, if the field-tested permeability rate of the soil is four inches per hour, its design permeability rate would be two inches per hour. The minimum design permeability rate for the soil within a stormwater infiltration basin shall also be sufficient to achieve the minimum seventy-two-hour drain time described in Subsection F.1 above. The maximum design permeability shall be 10 inches per hour.

A soil's field-tested permeability rate shall be determined in accordance with the following:

The predevelopment field test permeability rate shall be determined according to the methodologies provided in Subsection K.3.c of this section;

The results of the required field permeability tests shall demonstrate a minimum tested infiltration rate of one inch per hour;

After all construction activities have been completed on the site and the finished grade has been established in the infiltration BMP, post-development field permeability tests shall also be conducted according to the methodologies provided in Subsection K.3.c of this section;

If the results of the post-development field permeability tests fail to achieve the minimum required design permeability rates in Subsection F.2.d above utilizing a factor of safety of two, the stormwater infiltration BMP shall be renovated and retested until such minimum required design permeability rates are achieved; and

The results of all field permeability tests shall be certified by a professional engineer and transmitted to the Township Engineer.

To help ensure maintenance of the design permeability rate over time, a six-inch layer of K5 soil shall be placed on the bottom of a stormwater infiltration BMP. This soil layer shall meet the textural and permeability specifications of a K5 soil as provided at N.J.A.C. 7:9A, Appendix A, Figure 6, and be certified to meet these specifications by a professional engineer licensed in the State of New Jersey. The depth to the seasonal high-water table shall be measured from the bottom of the K5 sand layer.

The design engineer shall assess the hydraulic impact on the groundwater table and design the project site and all stormwater infiltration basins so as to avoid adverse hydraulic impacts. Adverse hydraulic impacts include, but are not limited to: raising the groundwater table so as to cause surface ponding; flooding of basements and other subsurface structures and areas; preventing a stormwater infiltration basin from completely draining via infiltration within 72 hours of a design storm event; and interference with the proper operation of subsurface sewage disposal systems and other surface and subsurface structures in the vicinity of the stormwater infiltration basin.

The design engineer shall conduct a mounding analysis, as defined in Subsection B, of all stormwater infiltration BMPs. The mounding analysis shall be conducted in accordance with the requirements in Subsection K.3.c(12). Where the mounding analysis identifies adverse impacts, the stormwater infiltration BMP shall be redesigned or relocated, as appropriate.

Stormwater infiltration BMPs shall be constructed in accordance with the following:

To avoid sedimentation that may result in clogging and reduce the basin's permeability rate, stormwater infiltration basins shall be constructed according to the following:

Unless the conditions in Subsection F.2.i(1)(b) below are met, a stormwater infiltration basin shall not be placed into operation until its drainage area is completely stabilized. Instead, upstream runoff shall be diverted around the basin and into separate, temporary stormwater management facilities and sediment basins. Such temporary facilities and basins shall be installed and utilized for stormwater management and sediment control until stabilization is achieved in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey, which is incorporated herein by reference, as amended and supplemented.

If the design engineer determines that, for engineering, environmental or safety reasons, temporary stormwater management facilities and sediment basins cannot be constructed on the site, the stormwater infiltration basin may be placed into operation prior to the complete stabilization of its drainage area, provided that the basin's bottom during this period is constructed at a depth at least two feet higher than its final design elevation. All other infiltration BMP construction requirements in this section shall be followed. When the drainage area is completely stabilized, all accumulated sediment shall be removed from the infiltration BMP, which shall then be excavated to its final design elevation in accordance with the construction requirements of this section and the performance standards in Subsection E.

To avoid compaction of subgrade soils of BMPs that rely on infiltration, no heavy equipment, such as backhoes, dump trucks or bulldozers, shall be permitted to operate within the footprint of the BMP. All excavation required to construct a stormwater infiltration BMP shall be performed by equipment placed outside the BMP. If this is not possible, the soils within the excavated area shall be renovated and tilled after construction is completed to reverse the effects of compaction. In addition, post-development soil permeability testing shall be performed in accordance with Subsection F.2.e.

Earthwork associated with stormwater infiltration BMP construction, including excavation, grading, cutting or filling, shall not be performed when soil moisture content is above the lower plastic limit.

Safety Standards for Structural Stormwater Management Measures.

If a structural stormwater management measure has an outlet structure, escape provisions shall be incorporated in or on the structure. "Escape provisions" means the permanent installation of ladders, steps, rungs, or other features that provide a readily accessible means of ingress and egress from the outlet structure.

A trash rack is a device intended to intercept runoff-borne trash and debris that might otherwise block the hydraulic openings in an outlet structure of a structural stormwater management measure. Trash racks shall be installed upstream of such outlet structure openings as necessary to ensure proper functioning of the structural stormwater management measure in accordance with the following:

The trash rack should be constructed primarily of bars aligned in the direction of flow 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 bars shall be spaced no greater than 1/3 the width of the hydraulic opening it is protecting or six inches, whichever is less. Transverse bars aligned perpendicular to flow should be sized and spaced as necessary for rack stability and strength.

The trash rack shall not adversely affect the hydraulic performance of either the outlet structure opening it is protecting or the overall outlet structure.

The trash rack shall have sufficient net open area under clean conditions to limit the peak design storm velocity through it to a maximum of 2.5 feet per second.

The trash rack 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.

An overflow grate is a device intended to protect the opening in the top of a stormwater management measure outlet structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:

The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance;

The overflow grate spacing shall be no more than two inches across the smallest dimension; and

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.

The maximum side slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical (3:1).

Safety ledges shall be constructed on the slopes of all new structural stormwater management measures having a permanent pool of water deeper than 2 1/2 feet. Such 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 F.3.e(1) below, for an illustration of safety ledges in a stormwater management basin.

Illustration of Safety Ledges.

Inspection, Maintenance and Repair of Stormwater Management Measures.

Applicability. Projects subject to review pursuant to Subsection A.3 of this section shall comply with the requirements of Subsections G.2 and G.3 below.

General Inspection, Maintenance and Repair Plan.

The design engineer shall prepare an inspection, maintenance and repair plan for the stormwater management measures, including both structural and nonstructural measures incorporated into the design of a major development. This plan shall be submitted as part of the checklist requirements established in Subsection C.3. Inspection and maintenance guidelines for stormwater management measures are available in the New Jersey BMP Manual.

The inspection, maintenance and repair plan shall contain the following:

Accurate and comprehensive drawings of the site's stormwater management measures;

Specific locations of each stormwater management measure, identified by means of longitude and latitude as well as block and lot number;

Specific preventative and corrective maintenance tasks and schedules for such tasks for each stormwater BMP;

Cost estimates, including estimated cost of sediment, debris or trash removal; and

ARTESIAN ZONE OF SATURATION

The name, address and telephone number of the person or persons responsible for regular inspections and preventative and corrective maintenance (including repair and replacement). If the responsible person or persons is a corporation, company, partnership, firm, association, municipality or political subdivision of this state, the name and telephone number of an appropriate contact person shall also be included.

The person responsible for inspection, maintenance and repair identified under Subsection G.2.b above shall maintain a detailed log of all preventative and corrective maintenance performed for the site's stormwater management measures, including a record of all inspections and copies of all maintenance-related work orders in the inspection, maintenance and repair plan. Said records and inspection reports shall be retained for a minimum of five years.

If the inspection, maintenance and repair plan identifies a person other than the developer (for example, a public agency or homeowners' association) as having the responsibility for inspection and maintenance, the plan shall include documentation of such person's agreement to assume this responsibility or of the developer's obligation to dedicate a stormwater management measure to such person under an applicable ordinance or regulation.

If the person responsible for inspection, maintenance and repair identified under Subsection G.2.c above is not a public agency, the maintenance plan and any future revisions based on Subsection G.2.f below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan shall be undertaken.

The person responsible for inspection, maintenance and repair identified under Subsection G.2.b above shall evaluate the effectiveness of the inspection, maintenance and repair plan at least once per year and update the plan and the deed as needed.

The person responsible for inspection, maintenance and repair identified under Subsection G.2.b above shall submit the updated inspection, maintenance and repair plan and the documentation required by Subsections G.2.b and G.2.c above to Medford Township once per year.

The person responsible for inspection, maintenance and repair identified under Subsection G.2.b above shall retain and make available, upon request by any public entity with administrative, health, environmental or safety authority over the site, the inspection, maintenance and repair plan and the documentation required by Subsections G.2.b and G.2.c above.

Responsibility for inspection, repair and 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.

Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including, but not limited to: repairs or replacement to any associated appurtenance of the measure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; repair or replacement of linings; and restoration of infiltration function.

Stormwater management measure easements shall be provided by the property owner as necessary for facility inspections and maintenance and preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities. The purpose of the easement shall be specified in the maintenance agreement.

In the event that the stormwater management measure becomes a public health nuisance or danger to public safety or public health, or if it is in need of maintenance or repair, Medford Township 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 Township Engineer or the Township Engineer's designee. Medford Township, at its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair within the allowable time, Medford Township may immediately proceed to do so with its own forces and equipment and/or through contractors. The costs and expenses of such maintenance and repair by Medford Township shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the maintenance and repair was performed.

Requirements for Inspection, Maintenance and Repair of Stormwater BMPs that Rely on Infiltration. If a stormwater infiltration BMP is incorporated into the design of a major development, the applicant shall include the following requirements in its inspection, maintenance and repair plan:

Once per month (if needed): mow side slopes, remove litter and debris, stabilize eroded banks, and repair erosion at inflow structure(s).

After every storm exceeding one inch of rainfall: ensure that infiltration BMPs drain completely within 72 hours after the storm event. If stored water fails to infiltrate 72 hours after the end of the storm, corrective measures shall be taken. Raking or tilling by light equipment can assist in maintaining infiltration capacity and break up clogged surfaces.

Four times per year (quarterly): inspect stormwater infiltration BMPs for clogging and excessive debris and sediment accumulation within the BMP, and remove sediment (if needed) when completely dry.

Two times per year: inspect for signs of damage to structures, repair eroded areas, check for signs of petroleum contamination and remediate.

Once per year: inspect BMPs for unwanted tree growth and remove if necessary, and disc or otherwise aerate the bottom of the infiltration basin to a minimum depth of six inches; and

After every storm exceeding one inch of rainfall, inspect and, if necessary, remove and replace K5 sand layer and accumulated sediment, to restore original infiltration rate.

Additional guidance for the inspection, maintenance and repair of stormwater infiltration BMPs can be found in the New Jersey BMP Manual.

Financing of Inspection, Maintenance and Repair of Stormwater BMPs. An adequate means of ensuring permanent financing of the inspection maintenance and repair of stormwater BMPs shall be implemented and detailed in the inspection, maintenance and repair plan. Permanent financing of the inspection, maintenance and repair of stormwater BMPs shall be accomplished by:

The assumption of the inspection and maintenance program by a municipality, county, public utility or homeowners' association.

Other suitable method approved by the municipality.

Penalties.

Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the penalties of § 1000, Administration, Waivers, Enforcement, Violations and Penalties.

Effective Date.

This section shall take effect immediately upon the following:

Certification by the Pinelands Commission in accordance with N.J.A.C. 7:50, Subchapter 3; and

Approval by the county review agency.

Severability.

If the provisions of any section, subsection, paragraph, subdivision, or clause of this section shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this section.

Appendixes.

Methods for Calculating Groundwater Recharge.

The New Jersey Geological Survey Report GSR-32: A Method for Evaluating Ground-Water Recharge Areas in New Jersey. Available at http://www.njgeology.org/geodata/dgs99-2.htm.

The New Jersey Groundwater Recharge Spreadsheet (NJGRS). Available in the New Jersey BMP Manual, Chapter 6, at http://www.njstormwater.org/bmp_manual2.htm.

NJDEP Nonstructural Strategies Point System. The New Jersey Stormwater Management Rules at N.J.A.C. 7:8-5.2(a), and Subsection E.1 of this section require nonstructural stormwater management strategies to be incorporated into the site design of a major development. A total of nine strategies are to be used to the maximum extent practical to meet the groundwater recharge, stormwater quality and stormwater quantity requirements of the Rules prior to utilizing structural stormwater management measures. The New Jersey Nonstructural Stormwater Management Strategies Point System (NSPS) provides a tool to assist planners, designers and regulators in determining that the strategies have been used to the "maximum extent practical" at a major development as required by the Rules. Refer online to http://www.njstormwater.org for information on the NSPS.

Soils.

USDA Soil Textural Triangle.

Source: US Department of Agriculture.

Definitions. For the purposes of this appendix, the following terms shall have the meanings herein ascribed to them:

A-HORIZON

The uppermost mineral horizon in a normal soil profile. The upper part of the A-horizon is characterized by maximum accumulation of finely divided, dark-colored, organic residues, known as "humus," which are intimately mixed with the mineral particles of the soil.

A zone of saturation which exists immediately below a hydraulically restrictive horizon and which has an upper surface that is at a pressure greater than atmospheric, either seasonally or throughout the year.

CHROMA

The relative purity or strength of a color, a quantity which decreases with increasing grayness. Chroma is one of the three variables of soil color as defined in the Munsell system of classification.

CLAY

A particle size category consisting of mineral particles which are smaller than 0.002 millimeter in equivalent spherical diameter; also, a soil textural class having more than 40% clay, less than 45% sand, and less than 40% silt, as shown in Subsection K.3.a (USDA Soil Textural Triangle).

CLAY LOAM

A soil textural class having 27% to 40% clay and 20% to 45% sand, as shown in Subsection K.3.a (USDA Soil Textural Triangle).

COARSE FRAGMENT

A rock fragment contained within the soil which is greater than two millimeters in equivalent spherical diameter or which is retained on a two-millimeter sieve.

COUNTY SOIL SURVEY REPORT

A report prepared by the United States Department of Agriculture, Natural Resources Conservation Service, which includes maps showing the distribution of soil mapping units throughout a particular county, together with narrative descriptions of the soil series shown and other information relating to the uses and properties of the various soil series.

DIRECT SUPERVISION

Control over and direction of work carried out by others with full knowledge of and responsibility for such work.

EQUIVALENT SPHERICAL DIAMETER OF A PARTICLE

The diameter of a sphere which has a volume equal to the volume of the particle.

EXCESSIVELY COARSE HORIZON

A horizon of limited thickness within the soil profile which provides inadequate removal of pollutants from stormwater due to a high coarse fragment content, excessively coarse texture and/or excessively rapid permeability.

EXCESSIVELY COARSE SUBSTRATUM

A substratum below the soil profile which extends beyond the depth of soil profile pits and borings and which provides inadequate removal of pollutants from stormwater due to a high coarse fragment content, excessively coarse texture and/or excessively rapid permeability.

EXTREMELY FIRM CONSISTENCE

A type of soil material whose moist aggregated mass crushes only under very strong pressure; cannot be crushed between the thumb and forefinger and shall be broken apart bit by bit.

FIRM CONSISTENCE

A type of soil material whose moist aggregated mass crushes under moderate pressure between the thumb and forefinger, but resistance is distinctly noticeable.

HARD CONSISTENCE

A type of soil material whose dry aggregated mass is moderately resistant to pressure; can be broken in the hands without difficulty but is barely breakable between the thumb and forefinger.

HUE

The dominant spectral color, one of the three variables of soil color defined within the Munsell system of classification.

HYDRAULICALLY RESTRICTIVE HORIZON

A horizon within the soil profile which slows or prevents the downward or lateral movement of water and which is underlain by permeable soil horizons or substrata. Any soil horizon which has a saturated permeability less than 1.0 inch per hour is hydraulically restrictive.

HYDRAULICALLY RESTRICTIVE SUBSTRATUM

A substratum below the soil profile which slows or prevents the downward or lateral movement of water and which extends beyond the depth of profile pits or borings or to a massive substratum. A substratum which has a saturated permeability less than 1.0 inch per hour is hydraulically restrictive.

LOAMY SAND

A soil textural class, as shown in Subsection K.3.a (USDA Soil Textural Triangle), that has a maximum of 85% to 90% sand with a percentage of silt plus 1.5 times the percentage of clay not in excess of 15; or a minimum of 70% to 85% sand with a percentage of silt plus 1.5 times the percentage of clay not in excess of 30.

LOWER PLASTIC LIMIT

The moisture content corresponding to the transition between the plastic and semisolid states of soil consistency. This corresponds to the lowest soil moisture content at which the soil can be molded in the fingers to form a rod or wire, 1/8 inch in thickness, without crumbling.

MOTTLING

A color pattern observed in soil consisting of blotches or spots of contrasting color. The term "mottle" refers to an individual blotch or spot. The terms "color variegation," "iron depletion" and "iron concentration" are equivalent to the term "mottling." Mottling due to redoximorphic reactions is an indication of seasonal or periodic and recurrent saturation.

MUNSELL SYSTEM

A system of classifying soil color consisting of an alpha-numeric designation for hue, value and chroma, such as "7.5 YR 6/2," together with a descriptive color name, such as "strong brown."

O-HORIZON

A surface horizon, occurring above the A-horizon in some soils, which is composed primarily of undecomposed or partially decomposed plant remains which have not been incorporated into the mineral soil.

PERCHED ZONE OF SATURATION

A zone of saturation which occurs immediately above a hydraulically restrictive horizon and which is underlain by permeable horizons or substrata which are not permanently or seasonally saturated.

PIEZOMETER

A device consisting of a length of metal or plastic pipe, open at the bottom or perforated within a specified interval, and used for the determination of depth to water, permeability or hydraulic head within a specific soil horizon or substratum.

PLATY STRUCTURE

Is characterized by a soil aggregate which has one axis distinctly shorter than the other two and is oriented with the short axis vertical.

REGIONAL ZONE OF SATURATION

A zone of saturation which extends vertically without interruption below the depth of soil borings and profile pits.

SANDY CLAY

A soil textural class having 35% or more of clay and 45% or more of sand, as shown in Subsection K.3.a (USDA Soil Textural Triangle).

SANDY LOAM

A soil textural class, as shown in Subsection K.3.a (USDA Soil Textural Triangle), that has a maximum of 20% clay, and the percentage of silt plus twice the percentage of clay exceeds 30, and contains 52% or more sand; or less than 7% clay, less than 50% silt, and between 43% and 52% sand.

SILT

A particle size category consisting of mineral particles which are between 0.002 and 0.05 millimeter in equivalent spherical diameter. It also means a soil textural class having 80% or more of silt and 12% or less of clay, as shown in Subsection K.3.a (USDA Soil Textural Triangle).

SILT LOAM

A soil textural class having 50% or more of silt and 12% to 27% of clay; or 50% to 80% of silt and less than 12% of clay, as shown in Subsection K.3.a (USDA Soil Textural Triangle).

SILTY CLAY

A soil textural class having 40% or more of clay and 40% or more of silt, as shown in Subsection K.3.a (USDA Soil Textural Triangle).

SILTY CLAY LOAM

A soil textural class having 27% to 40% of clay and less than 20% of sand, as shown in Subsection K.3.a (USDA Soil Textural Triangle).

SOIL AGGREGATE

A naturally occurring unit of soil structure consisting of particles of sand, silt, clay, organic matter, and coarse fragments held together by the natural cohesion of the soil.

SOIL COLOR

The soil color name and Munsell color designation determined by comparison of the moist soil with color chips contained in a Munsell soil color book.

SOIL CONSISTENCE

The resistance of a soil aggregate or clod to being crushed between the fingers or broken by the hands. Terms for describing soil consistence described are in N.J.A.C. 7:9A-5.3(h).

SOIL HORIZON

A layer within a soil profile differing from layers of soil above and below it in one or more of the soil morphological characteristics, including color, texture, coarse fragment content, structure, consistence and mottling.

SOIL LOG

A description of the soil profile which includes the depth, thickness, color, texture, coarse fragment content, mottling, structure and consistence of each soil horizon or substratum.

SOIL MAPPING UNIT

An area outlined on a map in a County Soil Survey Report and marked with a letter symbol designating a soil phase, a complex of two or more soil phases, or some other descriptive term where no soil type has been identified.

SOIL PHASE

A specific type of soil which is mapped by the Natural Resources Conservation Service and which belongs to a soil series described within the County Soil Survey Report.

SOIL PROFILE

A vertical cross section of undisturbed soil showing the characteristic horizontal layers or horizons of the soil which have formed as a result of the combined effects of parent material, topography, climate, biological activity and time.

SOIL SERIES

A grouping of soil types possessing a specific range of soil profile characteristics which are described within the County Soil Survey Report. Each soil series may consist of several "soil phases" which may differ in slope, texture of the surface horizon or stoniness.

SOIL STRUCTURAL CLASS

One of the shape classes of soil structure described in N.J.A.C. 7:9A-5.3(g).

SOIL STRUCTURE

The naturally occurring arrangement, within a soil horizon, of sand, silt and clay particles, coarse fragments and organic matter, which are held together in clusters or aggregates of similar shape and size.

SOIL TEST PIT

An excavation made for the purpose of exposing a soil profile which is to be described.

SOIL TEXTURAL CLASS

One of the classes of soil texture defined within the USDA system of classification (Soil Survey Manual, Agricultural Handbook No. 18, USDA Soil Conservation Service, 1962).

SOIL TEXTURE

The relative proportions of sand, silt and clay in that portion of the soil which passes through a sieve with two-millimeter openings.

STATIC WATER LEVEL

The depth below the ground surface, or the elevation with respect to some reference level, of the water level observed within a soil profile pit or boring, or within a piezometer, after this level has stabilized or become relatively constant with the passage of time.

SUBSTRATUM

A layer of soil or rock material present below the soil profile and extending beyond the depth of soil borings or profile pits.

UNSUITABLE SOIL

All soil other than suitable soil.

USDA SYSTEM OF CLASSIFICATION

The system of classifying soil texture used by the United States Department of Agriculture which defines 12 soil textural classes based upon the weight percentages of sand, silt and clay in that portion of the soil which passes through a sieve with two-millimeter openings. The soil textural classes are shown graphically on the USDA Soil Textural Triangle, as shown in Subsection K.3.a.

VALUE

The relative lightness or intensity of a color, one of the three variables of soil color defined within the Munsell system of classification.

VERY FIRM CONSISTENCE

Is characterized by a moist soil which crushes under strong pressure; barely crushable between thumb and forefinger.

VERY HARD CONSISTENCE

Is characterized by a dry soil which is resistant to pressure, can be broken in the hands only with difficulty; not breakable between the thumb and forefinger.

ZONE OF SATURATION

A layer within or below the soil profile which is saturated with groundwater either seasonally or throughout the year. This includes both regional and perched zones.

Methods for Assessing Soil Suitability for Infiltration Stormwater Management BMPs. The results of a subsurface investigation shall serve as the basis for the site selection and design of stormwater infiltration BMPs. The subsurface investigation shall include, but not be limited to, a series of soil test pits and soil permeability tests conducted in accordance with the following:

All soil test pits and soil permeability results shall be performed under the direct supervision of a professional engineer. All soil logs and permeability test data shall be accompanied by a certification by a professional engineer. The results and location (horizontal and vertical) of all soil test pits and soil permeability tests, both passing and failing, shall be reported to Medford Township.

During all subsurface investigations and soil test procedures, adequate safety measures shall be taken to prohibit unauthorized access to the excavations at all times. It is the responsibility of persons performing or witnessing subsurface investigations and soil permeability tests to comply with all applicable federal, state and local laws and regulations governing occupational safety.

A minimum of two soil test pits shall be excavated within the footprint of any proposed infiltration BMP to determine the suitability and distribution of soil types present at the site. Placement of the test pits shall be within 20 feet of the basin perimeter, located along the longest axis bisecting the BMP. For BMPs larger than 10,000 square feet in area, a minimum of one additional soil test pit shall be conducted within each additional area of 10,000 square feet. The additional test pit(s) shall be placed approximately equidistant to other test pits, so as to provide adequate characterization of the subsurface material. In all cases where soil and/or groundwater properties vary significantly, additional test pits shall be excavated in order to accurately characterize the subsurface conditions below the proposed infiltration BMP. Soil test pits shall extend to a minimum depth of eight feet below the lowest elevation of the basin bottom or to a depth that is at least two times the maximum potential water depth in the proposed infiltration BMP, whichever is greater.

A soil test pit log shall be prepared for each soil test pit. The test pit log shall, at a minimum, provide the elevation of the existing ground surface; the depth and thickness (in inches) of each soil horizon or substratum; the dominant matrix or background and mottle colors using the Munsell system of classification for hue, value and chroma; the appropriate textural class as shown on the USDA textural triangle; the volume percentage of coarse fragments (larger than two millimeters in diameter); the abundance, size, and contrast of mottles; and the soil structure, soil consistence, and soil moisture condition, using standard USDA classification terminology for each of these soil properties. Soil test pit logs shall identify the presence of any soil horizon, substratum or other feature that exhibits an in-place permeability rate less than one inch per hour.

Each soil test pit log shall report the depth to seasonally high water level, either perched or regional, and the static water level based upon the presence of soil mottles or other redoximorphic features, and observed seepage or saturation. Where redoxomorphic features, including soil mottles, resulting from soil saturation are present, they shall be interpreted to represent the depth to the seasonal high-water table unless soil saturation or seepage is observed at a higher level. When the determination of the seasonally high water table shall be made in ground previously disturbed by excavation, direct observation of the static water table during the months of January through April shall be the only method permitted.

Any soil horizon or substratum which exists immediately below a perched zone of saturation shall be deemed by rule to exhibit unacceptable permeability (less than one inch per hour). The perched zone of saturation may be observed directly, inferred based upon soil morphology, or confirmed by performance of a hydraulic head test as defined at N.J.A.C. 7:9A-5.9.

Stormwater infiltration BMPs shall not be installed in soils that exhibit artesian groundwater conditions. A permeability test shall be conducted in all soils that immediately underlie a perched zone of saturation. Any zone of saturation which is present below a soil horizon which exhibits an in-place permeability of less than 0.2 inch per hour shall be considered an artesian zone of saturation, unless a minimum one-foot-thick zone of unsaturated soil, free of mottling or other redoximorphic features and possessing a chroma of four or higher, exists immediately below the unsuitable soil.

A minimum of one permeability test shall be performed at each soil test pit location. The soil permeability rate shall be determined using test methodology as prescribed in N.J.A.C. 7:9A-6.2 (tube permeameter test), 7:9A-6.5 (pit bailing test) or 7:9A-6.6 (piezometer test). When the tube permeameter test is used, a minimum of two replicate samples shall be taken and tested. Alternative permeability test procedures may be accepted by the approving authority, provided the test procedure attains saturation of surrounding soils, accounts for hydraulic head effects on infiltration rates, provides a permeability rate with units expressed in inches per hour and is accompanied by a published source reference. Examples of suitable sources include hydrogeology, geotechnical or engineering text and design manuals, proceedings of American Society for Testing and Materials (ASTM) symposia, or peer-review journals. Neither a soil permeability class rating test, as described in N.J.A.C. 7:9A-6.3, nor a percolation test, as described in N.J.A.C. 7:9A-6.4, is an acceptable test for establishing permeability values for the purpose of complying with this section.

Soil permeability tests shall be conducted on the most hydraulically restrictive horizon or substratum to be left in place below the basin as follows. Where no soil replacement is proposed, the permeability tests shall be conducted on the most hydraulically restrictive horizon or substratum within four feet of the lowest elevation of the basin bottom or to a depth equal to two times the maximum potential water depth within the basin, whichever is greater. Where soil replacement is proposed, the permeability tests shall be conducted within the soil immediately below the depth of proposed soil replacement or within the most hydraulically restrictive horizon or substratum to a depth equal to two times the maximum potential water depth within the basin, whichever is greater. Permeability tests may be performed on the most hydraulically restrictive soil horizons or substrata at depths greater than those identified above based upon the discretion of the design or testing engineer. The tested infiltration rate should then be divided by two to establish the soil's design permeability rate. Such division will provide a 100% safety factor to the tested rate.

(10)

The minimum acceptable "tested permeability rate" of any soil horizon or substratum shall be one inch per hour. Soil materials that exhibit tested permeability rates slower than one inch per hour shall be considered unsuitable for stormwater infiltration. The maximum reportable "tested permeability rate" of any soil horizon or substratum shall be no greater than 20 inches per hour regardless of the rate attained in the test procedure.

(11)

After all construction activities have been completed on the development site and the finished grade has been established in the infiltration BMP, a minimum of one permeability test shall be conducted within the most hydraulically restrictive soil horizon or substratum below the as-built BMP to ensure the performance of the infiltration BMP is as designed. Hand tools and manual permeability test procedures shall be used for the purpose of confirming BMP performance. In addition, the infiltration BMP shall be flooded with water sufficient to demonstrate the performance of the BMP. Test results shall be submitted to the Township Engineer.

(12)

A groundwater mounding analysis shall be provided for each stormwater infiltration BMP. The groundwater mounding analysis shall calculate the maximum height of the groundwater mound based upon the volume of the maximum design storm. The professional engineer conducting the analysis shall provide the Township Engineer with the methodology and supporting documentation for the mounding analysis used and shall certify to Medford Township, based upon the analysis, that the groundwater mound will not cause stormwater or groundwater to break out to the land surface or cause adverse impact to adjacent surface water bodies, wetlands or subsurface structures, including but not limited to basements and septic systems. If there is more than one infiltration BMP proposed, the model shall indicate if and how the mounds will interact. The mounding analysis shall be calculated using the most-restrictive soil horizon that will remain in place within the explored aquifer thickness, unless alternative analyses is authorized by the Township Engineer. The mounding analysis shall be accompanied by a cross section of the infiltration BMP and surrounding topography, and the mound analysis shall extend out to the point(s) at which the mound intersects with the preexisting maximum water table elevation.

(13)

The applicant shall demonstrate that stormwater infiltration BMPs meet the seventy-two-hour drain time requirement established in Subsection F.2.a of this section.

Pretreatment Measures for Infiltration BMPs. By reducing incoming velocities and capturing coarser sediments, pretreatment can extend the functional life and increase the pollutant-removal capability of infiltration measures. Therefore, the installation of pretreatment measures is recommended for all development sites. Pretreatment measures may include, but are not limited to, the following:

Vegetative filter strips;

Bioretention systems; used in conjunction with a bioretention system, the infiltration basin takes the place of the standard underdrain;

Sand filters;

Grassed swales; and

Detention basins.

Collection and Conveyance.

Bicycle-Safe Inlet Grates. Site development plans that incorporate site design features that help 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.

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:

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 (April 1996); or

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.

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.

This standard does not apply:

Where the review agency determines 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;

Where flows from the water quality design storm as specified in Subsection C.1 are conveyed through any device (e.g., end-of-pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

A rectangular space 4 5/8 inches long and 1.5 inches wide (this option does not apply for outfall netting facilities); or

A bar screen having a bar spacing of 0.5 inch.

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 Subsection (d) of this section; or

Where the NJDEP determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

Catch Basins. Catch basins are storm drain inlets with or without sumps. Catch basins may provide pretreatment for other stormwater BMPs by capturing large sediments. The sediment and pollutant removal efficiency of catch basins depends on the size of the sump and the performance of routine maintenance to retain the available sediment storage space in the sump. Where catch basins with sumps are proposed, the minimum two-foot separation between the bottom of the sump and seasonally high water table shall be provided.

Open or Perforated Conveyance Piping. Where adequate separation to the seasonal high-water table exists, stormwater from the development site may be conveyed to a stormwater basin via a system of perforated pipes. These pipes may be made of PVC or corrugated metal and are available with perforations of varying size and spacing. Perforated pipe specifications shall be certified by a professional engineer. A professional engineer shall certify that perforated conveyance piping will not act to intercept the seasonal high-water table and convey groundwater to the stormwater basin. All open or perforated stormwater conveyance systems shall be installed with a minimum separation of two feet from the seasonal high-water table.

Additional Sources for Technical Guidance.

NJDEP Technical Guidance Sources.

New Jersey BMP Manual. Available from the Division of Watershed Management, New Jersey Department of Environmental Protection, P.O. Box 418, Trenton, New Jersey 08625; or online at http://www.njstormwater.org.

NJDEP Stormwater Management Facilities Maintenance Manual. Available from the Division of Watershed Management, New Jersey Department of Environmental Protection, P.O. Box 418, Trenton, New Jersey 08625; or online at http://njedl.rutgers.edu/ftp/PDFs/1188.pdf.

Additional Guidance Sources.

New Jersey Pinelands Commission, P.O. Box 7, 15 Springfield Road, New Lisbon, New Jersey 08064; phone: 609-894-7300; website: http://www.state.nj.us/pinelands.

State Soil Conservation Committee Standards for Soil Erosion and Sediment Control in New Jersey. Available from all State Soil Conservation Districts, including Burlington County Soil Conservation District, Tiffany Square, Suite 100, 1289 Route 38, Hainesport, New Jersey 08036; phone: 609-267-7410; fax 609-267-3347; website: http://bscd.org.

State Soil Conservation Districts.

New Jersey Department of Transportation, P.O. Box 600, Trenton, New Jersey 08625-0600; phone: 609-530-3536; website: http://www.state.nj.us/transportation.

§ 509.1 Stormwater Control in Areas Outside Jurisdiction of Pinelands Commission Pursuant to Pinelands Comprehensive Management Plan (CMP).

Editor's Note: Ordinance No. 2021-1, adopted 3-2-2021, which added § 509.1, Stormwater Control in Areas Outside Jurisdiction of Pinelands Commission Pursuant to Pinelands Comprehensive Management Plan (CMP), repealed this § 509 to the extent it is inconsistent with the provisions of § 509.1. Ordinance No. 2021-1 further specified that until such time as a new ordinance is adopted incorporating the NJDEP stormwater regulations for lands in the area of the Township under the jurisdiction of the Pinelands Commission pursuant to the Pinelands CMP, all existing stormwater control ordinances in the Township, including this § 509 and the provisions of the Pinelands CMP as incorporated therein, shall remain in full force and effect on all lands in the Township under the jurisdiction of the Pinelands Commission pursuant to the Pinelands CMP.

[Added 3-2-2021 by Ord. No. 2021-1[1]]

Scope and purpose.

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.

Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection B.

Applicability.

This section shall be applicable to the following major developments:

Nonresidential major developments; and

CAFRA CENTERS, CORES OR NODES

Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21.

This section shall also be applicable to all major developments undertaken by Medford Township.

Compatibility with other permit and ordinance requirements.

Development approvals issued pursuant to this section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.

Those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.

CAFRA PLANNING MAP

The map used by the Department to identify the location of Coastal Planning Areas, CAFRA Centers, CAFRA Cores, and CAFRA Nodes. The CAFRA Planning Map is available on the Department's Geographic Information System (GIS).

COMMUNITY BASIN

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.

COMPACTION

The increase in soil bulk density.

CONTRIBUTORY DRAINAGE AREA

The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.

CORE

A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY

An agency designated by the Burlington County Board of Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:

A county planning agency; or

DEPARTMENT

The Department of Environmental Protection.

DESIGN ENGINEER

DESIGNATED CENTER

A State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlarge-enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

In the case of development of agricultural land, "development" means any activity that requires a state permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

DISTURBANCE

The placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.

DRAINAGE AREA

A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.

EMPOWERMENT NEIGHBORHOODS

Neighborhoods designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.

ENVIRONMENTALLY CONSTRAINED AREA

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.

ENVIRONMENTALLY CRITICAL AREA

An area or feature which is of significant environmental value, including but not limited to stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

GREEN INFRASTRUCTURE

A stormwater management measure that manages stormwater close to its source by:

Treating stormwater runoff through infiltration into subsoil;

Treating stormwater runoff through filtration by vegetation or soil; or

Storing stormwater runoff for reuse.

HUC 14 or HYDROLOGIC UNIT CODE 14

An area within which water drains to a particular receiving surface water body, also known as a "subwatershed," which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

IMPERVIOUS SURFACE

A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

INFILTRATION

The process by which water seeps into the soil from precipitation.

LEAD PLANNING AGENCY

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.

MAJOR DEVELOPMENT

An individual development, as well as multiple developments that individually or collectively result in:

The disturbance of one or more acres of land since February 2, 2004;

The creation of 1/4 acre or more of regulated impervious surface since February 2, 2004;

The creation of 1/4 acre or more of regulated motor vehicle surface since March 2, 2021 (or the effective date of this section, whichever is earlier); or

A combination of Subsection B.1.b and c above that totals an area of 1/4 acre or more. The same surface shall not be counted twice when determining if the combination area equals 1/4 acre or more.

Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection B.1.a, 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."

MOTOR VEHICLE

Land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low-speed vehicles. For the purposes of this definition, "motor vehicle" does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.

MOTOR VEHICLE SURFACE

Any pervious or impervious surface that is intended to be used by motor vehicles and/or aircraft, and is directly exposed to precipitation, including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.

MUNICIPALITY

Any city, borough, town, township, or village.

NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL

The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Subsection D.6 of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.

NODE

An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

NUTRIENT

A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERSON

Any individual, corporation, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

RECHARGE

The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

REGULATED IMPERVIOUS SURFACE

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.

REGULATED MOTOR VEHICLE SURFACE

Any of the following, alone or in combination:

The total area of motor vehicle surface that is currently receiving water;

A net increase in motor vehicle surface; and/or quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.

SEDIMENT

Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

SITE

The lot or lots upon which a major development is to occur or has occurred.

SOIL

All unconsolidated mineral and organic material of any origin.

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)

An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.

STATE PLAN POLICY MAP

The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.

STORMWATER

STORMWATER MANAGEMENT BMP

An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE

Any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.

STORMWATER MANAGEMENT PLANNING AGENCY

A public body authorized by legislation to prepare stormwater management plans.

STORMWATER MANAGEMENT PLANNING AREA

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.

STORMWATER RUNOFF

Water flow on the surface of the ground or in storm sewers resulting from precipitation.

TIDAL FLOOD HAZARD AREA

A flood hazard area in which the flood elevation resulting from the two-, ten-, or 100-year storm, as applicable, is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent of the storm surge from a particular storm event, a flood hazard area may be tidal in the 100-year storm, but fluvial in more frequent storm events.

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD

A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.

URBAN ENTERPRISE ZONES

A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.

URBAN REDEVELOPMENT AREA

Previously developed portions of areas:

Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;

Designated as CAFRA Centers, Cores or Nodes;

Designated as Urban Enterprise Zones; and

Designated as Urban Coordinating Council Empowerment Neighborhoods.

WATER CONTROL STRUCTURE

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.

WATERS OF THE STATE

The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLANDS or WETLAND

An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."

Design and performance standards for stormwater management measures.

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:

The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.

The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.

The standards in this section apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or water quality management plan adopted in accordance with Department rules. Note: Alternative standards shall provide at least as much protection from stormwater-related loss of groundwater recharge, stormwater quantity and water quality impacts of major development projects as would be provided under the standards in N.J.A.C. 7:8-5.

Stormwater management requirements for major development.

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.

Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).

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:

The construction of an underground utility line provided that the disturbed areas are revegetated upon completion;

The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable; and

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.

A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D.15, 16, 17 and 18 may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:

The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;

The applicant demonstrates, through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of Subsection D.15, 16, 17 and 18 to the maximum extent practicable;

The applicant demonstrates that, in order to meet the requirements of Subsection D.15, 16, 17 and 18, existing structures currently in use, such as homes and buildings, would need to be condemned; and

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.

Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection D.15, 16, 17 and 18. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f), Tables 5-1, 5-2 and 5-3, and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at https://njstormwater.org/bmp_manual2.htm.

Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this section, the BMP tables in the Stormwater Management Rule at N.J.A.C. 7:8-5.2(f) shall take precedence.

Table 1 Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Cistern	0	Yes	No	—
Dry well^(a)	0	No	Yes	2
Grass swale	50 or less	No	No	2^(e) 1^(f)
Green roof	0	Yes	No	—
Manufactured treatment device^(a)(g)	50 or 80	No	No	Dependent upon the device
Pervious paving system^(a)	80	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Small-scale bioretention basin^(a)	80 or 90	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Small-scale infiltration basin^(a)	80	Yes	Yes	2
Small-scale sand filter	80	Yes	Yes	2
Vegetative filter strip	60-80	No	No	—

(Notes corresponding to annotations ^(a) through ^(g) are found following Table 3.)

Table 2 Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Bioretention system	80 or 90	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Infiltration basin	80	Yes	Yes	2
Sand filter^(b)	80	Yes	Yes	2
Standard constructed wetland	90	Yes	No	N/A
Wet pond^(d)	50-90	Yes	No	N/A

(Notes corresponding to annotations ^(b) through ^(d) are found following Table 3.)

Table 3 BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Blue roof	0	Yes	No	N/A
Extended detention basin	40-60	Yes	No	1
Manufactured treatment device^(h)	50 or 80	No	No	Dependent upon the device
Sand filter^(c)	80	Yes	No	1
Subsurface gravel wetland	90	No	No	1
Wet pond	50-90	Yes	No	N/A

Notes to Tables 1, 2, and 3:
(a)	Subject to the applicable contributory drainage area limitation specified at Subsection D.15.b;
(b)	Designed to infiltrate into the subsoil;
(c)	Designed with underdrains;
(d)	Designed to maintain at least a ten-foot-wide area of native vegetation along at least 50% of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation;
(e)	Designed with a slope of less than 2%;
(f)	Designed with a slope of equal to or greater than 2%;
(g)	Manufactured treatment devices that meet the definition of "green infrastructure" at Subsection B;
(h)	Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B.

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.

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.

Design standards for stormwater management measures are as follows:

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);

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;

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;

Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection H; and

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.

Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B may be used only under the circumstances described at Subsection D.15.d.

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.

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.

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 Clerk of Burlington County. 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.

A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection D of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the Clerk of Burlington County 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.

Green infrastructure standards.

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.

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

To satisfy the stormwater runoff quantity standards at Subsection D.18, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Subsection D.7.

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.

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.

Groundwater recharge standards.

This subsection contains the minimum design and performance standards for groundwater recharge as follows.

The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:

Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual preconstruction groundwater recharge volume for the site; or

Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from preconstruction to post-construction for the two-year storm is infiltrated.

This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or to projects subject to Subsection D.16.d below.

The following types of stormwater shall not be recharged:

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

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.

Stormwater runoff quality standards.

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.

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:

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.

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.

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.

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

If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

R = A + B - (A x B)/100

Where:
R	=	Total TSS percent load removal from application of both BMPs.
A	=	The TSS percent removal rate applicable to the first BMP.
B	=	The TSS percent removal rate applicable to the second BMP.

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.

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.

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.

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.

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.

Stormwater runoff quantity standards.

This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.

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:

Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two-, ten-, and 100-year storm events do not exceed, at any point in time, the preconstruction runoff hydrographs for the same storm events;

Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the preconstruction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten- and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;

Design stormwater management measures so that the post-construction peak runoff rates for the two-, ten- and 100-year storm events are 50%, 75% and 80%, respectively, of the preconstruction peak runoff rates. The percentages apply only to the postconstruction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or

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.

The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.

Calculation of stormwater runoff and groundwater recharge.

Stormwater runoff shall be calculated in accordance with the following:

The design engineer shall calculate runoff using one of the following methods:

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 Davidson Avenue, Somerset, New Jersey 08873; or

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.

For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at Subsection E.1.a(1) and the Rational and Modified Rational Methods at Subsection E.1.a(2). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

In computing preconstruction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce preconstruction stormwater runoff rates and volumes.

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.

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.

Groundwater recharge may be calculated in accordance with the following: the New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at https://www.nj.gov/dep/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.

Sources for technical guidance.

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.

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.

Additional maintenance guidance is available on the Department's website at https://www.njstormwater.org/maintenance_guidance.htm.

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.

Solids and floatable materials control standards.

Site design features identified under Subsection D.6 above, or alternative designs in accordance with Subsection D.7 above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see Subsection G.1.b below.

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:

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

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.

The standard in Subsection G.1.a above does not apply:

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;

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;

Where flows from the water quality design storm as specified in N.J.A.C. 7:8 are conveyed through any device (e.g., end-of-pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or

A bar screen having a bar spacing of 0.5 inch.

Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle-safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1].

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

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.

Safety standards for stormwater management basins.

This subsection 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.

The provisions of this subsection are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection H.3.a, b and c for trash racks, overflow grates, and escape provisions at outlet structures.

Requirements for trash racks, overflow grates and escape provisions.

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:

The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;

The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;

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

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.

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:

The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.

The overflow grate spacing shall be no less than two inches across the smallest dimension.

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.

Stormwater management BMPs shall include escape provisions as follows:

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;

Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See Subsection H.5 for an illustration of safety ledges in a stormwater management BMP; and

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.

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.

Safety ledge illustration.

Requirements for a site development stormwater plan.

Submission of site development stormwater plan.

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.

The applicant shall demonstrate that the project meets the standards set forth in this section.

The applicant shall submit [specify number] copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection I.3 of this section.

Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.

Submission of site development stormwater plan. The following information shall be required:

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.

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.

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.

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.

Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

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.

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.

Calculations.

Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection D of this section.

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.

Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J.

Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection I.3.a through f of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

Maintenance and repair.

Applicability. Projects subject to review as in Subsection A.3 of this section shall comply with the requirements of Subsection J.2 and 3.

General maintenance.

The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.

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.

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.

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.

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.

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.

The party responsible for maintenance identified under Subsection J.2.c above shall perform all of the following requirements:

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;

Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and

Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection J.2.f and g above.

The requirements of Subsection J.2.c and d do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.

In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the Municipal Engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or county may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.

Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

Penalties. Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the following penalties pursuant to N.J.S.A. 40:49-5, "Penalties for violations of municipal ordinances:" by imprisonment for a period not to exceed 90 days, or by a fine not to exceed $2,000, or by a period of community service not exceeding 90 days. Each and every day that a violation of this section persists shall constitute a separate violation. To the extent that the conduct prohibited under this section also violates other provisions of the Township Code, these violations constitute separate offenses subject to the additional fines and penalties as prescribed.

Editor's Note: This ordinance provided that it shall be effective only on lands in that area of the Township outside of the jurisdiction of the Pinelands Commission pursuant to the Pinelands CMP. Until such time as a new ordinance is adopted incorporating the NJDEP stormwater regulations for the lands in the area of the Township under the jurisdiction of the Pinelands Commission pursuant to the Pinelands CMP, all existing stormwater control ordinances in the Township, including existing § 509 and the provisions of the Pinelands CMP as incorporated therein, shall remain in full force and effect on all lands in the Township under the jurisdiction of the Pinelands Commission pursuant to the Pinelands CMP.

§ 509.2 Stormwater Control in Areas of Medford Township under the jurisdiction of the Pinelands Commission.

[Added 3-21-2023 by Ord. No. 2023-5]

Scope and Purpose.

Policy Statement. Flood control, groundwater recharge, erosion control and pollutant reduction shall be achieved using stormwater management measures, including green infrastructure best management practices (BMPs) and nonstructural stormwater management strategies. Green infrastructure BMPs and low-impact development should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. Green infrastructure BMPs and low-impact development should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge contained in this section.

Purpose. The purpose of this section is to establish, within the Pinelands Area portion of Medford Township, minimum stormwater management requirements and controls as authorized by the Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.) and consistent with the Pinelands Comprehensive Management Plan (CMP) (N.J.A.C. 7:50-1.1 et seq.) and the New Jersey Department of Environmental Protection (NJDEP) Stormwater Management Regulations (N.J.A.C. 7:8-1.1 et seq.). The standards in this section are intended to minimize the adverse impact of stormwater runoff on water quality and water quantity, to facilitate groundwater recharge, and to control and minimize soil erosion, stream channel erosion, sedimentation and pollution associated with stormwater runoff. Moreover, Pinelands Area resources are to be protected in accordance with the antidegradation policies contained in the New Jersey Surface Water Quality Standards (N.J.A.C. 7:9B-1.1 et seq.). Additionally, this section is intended to ensure the adequacy of existing and proposed culverts and bridges and to protect public safety through the proper design and operation of stormwater BMPs. If there are any conflicts between a provision required by the Pinelands CMP and a provision required by the NJDEP, the Pinelands CMP provision shall apply.

Applicability.

The terms "development," "major development" and "minor development" are defined in § 509.2B in accordance with the Pinelands CMP (N.J.A.C. 7:50-2.11) and differ from the definitions of "development" and "major development" contained in the NJDEP Stormwater Management Regulations (N.J.A.C. 7:8-1.2).

This section shall apply within the Pinelands Area to all major development, and to minor development meeting the following criteria:

Development involving the construction of four or fewer dwelling units;

Development involving any nonresidential use and resulting in an increase of greater than 1,000 square feet of regulated motor vehicle surfaces; and

CONTRIBUTORY DRAINAGE AREA

Development involving the grading, clearing, or disturbance of an area in excess of 5,000 square feet within any five-year period. For development meeting this criterion, the stormwater management standards for major development set forth in this section shall apply.

This section shall apply to all development meeting the criteria of Subsection A.b.3 above that is undertaken by Medford Township.

Except as provided in § 509.2J the exemptions, exceptions, applicability standards, and waivers of strict compliance contained in the NJDEP Stormwater Management Regulations at N.J.A.C. 7:8-1.1 et seq. shall not apply within the Pinelands Area.

Compatibility with Other Permit and Ordinance Requirements.

In the event that a regional stormwater management plan(s) is prepared and formally adopted pursuant to N.J.A.C. 7:8-1.1 et seq. for any drainage area(s) or watershed(s) of which Medford Township is a part, the stormwater provisions of such a plan(s) shall be adopted by Medford Township within one year of the adoption of a regional stormwater management plan (RSWMP) as an amendment to an areawide water quality management plan. Local ordinances proposed to implement the RSWMP shall be submitted to the Pinelands Commission for certification within six months of the adoption of the RSWMP per N.J.A.C. 7:8 and the Pinelands CMP.

Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the NJDEP Stormwater Management Rules at N.J.A.C. 7:8-1.2 unless otherwise defined in the Pinelands CMP at N.J.A.C. 7:50-2.11, in which case the definition corresponds to the CMP definition.

COMPACTION

The increase in soil bulk density.

The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.

COUNTY REVIEW AGENCY

An agency designated by the County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:

A county planning agency; or

DESIGN ENGINEER

DEVELOPMENT

The change of or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels, and the creation or termination of rights of access or riparian rights including, but not limited to:

A change in type of use of a structure or land;

A reconstruction, alteration of the size, or material change in the external appearance of a structure or land;

A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land;

Commencement of resource extraction or drilling or excavation on a parcel of land;

Demolition of a structure or removal of trees;

Commencement of forestry activities;

Deposit of refuse, solid or liquid waste or fill on a parcel of land;

In connection with the use of land, the making of any material change in noise levels, thermal conditions, or emissions of waste material; and

Alteration, either physically or chemically, of a shore, bank, or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.

In the case of development on agricultural land, i.e., lands use for an agricultural use or purpose as defined at N.J.A.C. 7:50-2.11, development means: any activity that requires a state permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

DISTURBANCE

DRAINAGE AREA

A geographic area within which stormwater runoff, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.

ENVIRONMENTALLY CRITICAL AREA

An area or feature which is of significant environmental value, including but not limited to: stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the NJDEP Landscape Project as approved by the NJDEP Endangered and Nongame Species Program.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

GREEN INFRASTRUCTURE

A stormwater management measure that manages stormwater close to its source by:

Treating stormwater runoff through infiltration into subsoil;

Treating stormwater runoff through filtration by vegetation or soil; or

Storing stormwater runoff for reuse.

HIGH POLLUTANT LOADING AREAS

Areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with NJDEP approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities.

HUC-11 or HYDROLOGIC UNIT CODE 11

An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by an eleven-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

HUC 14 or HYDROLOGIC UNIT CODE 14

An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

IMPERVIOUS SURFACE

Any surface that has been compacted or covered with a layer of material so that it prevents, impedes or slows infiltration or absorption of fluid, including stormwater directly into the ground, and results in either reduced groundwater recharge or increased stormwater runoff sufficient to be classified as impervious in Urban Areas by the United States Department of Agriculture, Natural Resources Conservation Service Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology (WINTR-55) Version 1.0, incorporated herein by reference, as amended and supplemented, available with user guide and tutorials at http://www.wsi.nrcs.usda.gov/products/W2Q/H&H/Tools_Models/WinTr55.html or at Natural Resources Conservation Service, 220 Davidson Avenue, Somerset, NJ 08873. Such surfaces may have varying degrees of permeability.

INFILTRATION

Is the process by which water seeps into the soil from precipitation.

MAJOR DEVELOPMENT

Any division of land into five or more lots; any construction or expansion of any housing development of five or more dwelling units; any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any grading, clearing or disturbance of an area in excess of 5,000 square feet.

MINOR DEVELOPMENT

All development other than major development.

MOTOR VEHICLE

MOTOR VEHICLE SURFACE

Any pervious or impervious surface that is intended to be used by motor vehicles and/or aircraft, and is directly exposed to precipitation including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.

NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL

The manual maintained by the NJDEP providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the NJDEP as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the NJDEP as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the NJDEP's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with § 509.2C.6 and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.

NUTRIENT

A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERMEABILITY

The rate at which water moves through a unit area of soil, rock, or other material at hydraulic gradient of one.

PERSON

An individual, corporation, public agency, business trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

RECHARGE

The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

REGULATED MOTOR VEHICLE SURFACE

Any of the following, alone or in combination:

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.

SEASONAL HIGH WATER TABLE

The level below the natural surface of the ground to which water seasonally rises in the soil in most years.

SEDIMENT

Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

SITE

The lot or lots upon which development is to occur or has occurred.

SOIL

All unconsolidated mineral and organic material of any origin.

SOURCE MATERIAL

Any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.

STORMWATER

STORMWATER MANAGEMENT BMP

STORMWATER MANAGEMENT MEASURE

STORMWATER RUNOFF

Water flow on the surface of the ground or in storm sewers, resulting from precipitation.

WATERS OF THE STATE

The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLAND TRANSITION AREA

An area within 300 feet of any wetland.

WETLANDS or WETLAND

Lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. Wetlands include lands with poorly drained or very poorly drained soils as designated by the National Cooperative Soils Survey of the Soil Conservation Service of the United States Department of Agriculture. Wetlands include coastal wetlands and inland wetlands, including submerged lands. The "New Jersey Pinelands Commission Manual for Identifying and Delineating Pinelands Area Wetlands — A Pinelands Supplement to the Federal Manual for Identifying and Delineating Jurisdictional Wetlands," dated January, 1991, as amended, may be utilized in delineating the extent of wetlands based on the definitions of wetlands and wetlands soils contained in N.J.A.C. 7:50-2.11, and N.J.A.C. 7:50-6.3 through 7:50-6.5.

Stormwater Management Requirements.

Stormwater management measures for development regulated under this section shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control and stormwater runoff quality treatment in accordance with this section.

Major development shall meet the minimum design and performance standards for erosion control established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90 and N.J.A.C. 16:25A.

All development regulated under this section shall meet the minimum design and performance standards for groundwater recharge, stormwater runoff quality, and stormwater runoff quantity at § 509.2.C.15, 16, and 17 by incorporating green infrastructure as provided at § 509.2.C.14.

All development regulated under this section shall incorporate a maintenance plan for the stormwater management measures in accordance with § 509.2.I.

Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species in accordance with N.J.A.C. 7:8-5.2(c) and N.J.A.C. 7:50-6.27 and 7:50-6.33.

Tables 1, 2, and 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater BMP Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 509.2.C.14, 15, 16, and 17. When designed in accordance with the most current version of the New Jersey Stormwater BMP Manual and this section, the stormwater management measures found in Tables 1, 2, and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater BMP Manual to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the NJDEP shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the NJDEP website at: https://njstormwater.org/bmp_manual2.htm.

Where the BMP tables at N.J.A.C. 7:8-5.2(f) differ with Tables 1, 2 and 3 below due to amendment, the BMP Tables at N.J.A.C. 7:8-5.2(f) shall take precedence, except that in all cases the lowest point of infiltration must maintain a minimum separation of two (2) feet to seasonal high water table as required by § 509.2.C.8.b, unless otherwise noted.

Table 1: Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (Feet)
Cistern	0	Yes	No	—
Dry well^(a)	0	No	Yes	2
Grass swale	50 or less	No	No	2^(e)
				1^(f)
Green roof	0	Yes	No	—
Manufactured treatment device^(a),(g)	50 or 80	No	No	Dependent upon the device
Pervious paving system^(a)	80	Yes	Yes^(b)	2^(b)
Pervious paving system^(a)	80	Yes	No^(c)	2^(c)
Small-scale bioretention basin^(a)	80 or 90	Yes	Yes^(b)	2^(b)
Small-scale bioretention basin^(a)	80 or 90	Yes	No^(c)	1^(c)
Small-scale infiltration basin^(a)	80	Yes	Yes	2
Small scale sand filter^(a)	80	Yes	Yes	2
Vegetative filter strip	60 to 80	No	No	—

Table 2: Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a Variance from N.J.A.C. 7:8-5.3)
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (Feet)
Bioretention system	80 or 90	Yes	Yes^(b)	2^(b)
Bioretention system	80 or 90	Yes	No^(c)	1^(c)
Infiltration basin	80	Yes	Yes	2
Sand filter^(b)	80	Yes	Yes	2
Standard constructed wetland	90	Yes	No	2⁽ⁱ⁾
Wet pond^(d)	50-90	Yes	No	2⁽ⁱ⁾

Table 3: BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Variance from N.J.A.C. 7:8-5.3
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Blue roof	0	Yes	No	N/A
Extended detention basin	40 to 60	Yes	No	2
Manufactured treatment device^(h)	50 or 80	No	No	Dependent upon the device
Sand filter^(c)	80	Yes	No	2
Subsurface gravel wetland	90	No	No	2
Wet pond	50-90	Yes	No	2⁽ⁱ⁾

Footnotes to Tables 1, 2, and 3:
(a)	Subject to the applicable contributory drainage area limitation specified at § 509.2.C. 14.b.
(b)	Designed to infiltrate into the subsoil.
(c)	Designed with underdrains, where stormwater percolates into the underdrain through the soils and is not directed to the underdrain by an outlet control structure.
(d)	Designed to maintain at least a ten-foot-wide area of native vegetation along at least 50% of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation.
(e)	Designed with a slope of less than 2%.
(f)	Designed with a slope of equal to or greater than 2%.
(g)	Manufactured treatment devices that meet the definition of "green infrastructure" at § 509.2.B.
(h)	Manufactured treatment devices that do not meet the definition of green infrastructure at § 509.2.B.
(i)	The top elevation of the impermeable layer or liner must maintain this two-foot minimum separation to the seasonal high water table.

An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the NJDEP and the Pinelands Commission in accordance with § 509.2.E.2. Alternative stormwater management measures may be used to satisfy the requirements at § 509.2.C.14. only if the measures meet the definition of green infrastructure at § 509.2.B. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 509.2.C.14.b are subject to the contributory drainage area limitation specified at § 509.2.C.14.b for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at § 509.2.C.14.b shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with § 509.2.J is granted from § 509.2.C.14.

Hydraulic Impacts.

For all major development, groundwater mounding analysis shall be required for purposes of assessing the hydraulic impacts of mounding of the water table resulting from infiltration of stormwater runoff from the maximum storm designed for infiltration. The mounding analysis shall provide details and supporting documentation on the methodology used. Groundwater mounds shall not cause stormwater or groundwater to breakout to the land surface or cause adverse impacts to adjacent water bodies, wetlands, or subsurface structures, including, but not limited to, basements and septic systems. Where the mounding analysis identifies adverse impacts, the stormwater management measure shall be redesigned or relocated, as appropriate.

For all applicable minor development, a design engineer's certification that each green infrastructure stormwater management measure will not adversely impact basements or septic systems of the proposed development shall be required.

Design standards for stormwater management measures are as follows:

Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; wetland transition areas; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);

Stormwater management measures designed to infiltrate stormwater shall be designed, constructed, and maintained to provide a minimum separation of at least two feet between the elevation of the lowest point of infiltration and the seasonal high water table;

Stormwater management measures designed to infiltrate stormwater shall be sited in suitable soils verified by testing to have permeability rates between one and 20 inches per hour. A factor of safety of two shall be applied to the soil's permeability rate in determining the infiltration measure's design permeability rate. If such soils do not exist on the parcel proposed for development or if it is demonstrated that it is not practical for engineering, environmental, or safety reasons to site the stormwater infiltration measure(s) in such soils, the stormwater infiltration measure(s) may be sited in soils verified by testing to have permeability rates in excess of 20 inches per hour, provided that stormwater is routed through a bioretention system prior to infiltration. Said bioretention system shall be designed, installed, and maintained in accordance with the New Jersey Stormwater BMP Manual;

The use of stormwater management measures that are smaller in size and distributed spatially throughout a parcel, rather than the use of a single, larger stormwater management measure shall be required;

Methods of treating stormwater prior to entering any stormwater management measure shall be incorporated into the design of the stormwater management measure to the maximum extent practical;

To avoid sedimentation that may result in clogging and reduction of infiltration capability and to maintain maximum soil infiltration capacity, the construction of stormwater management measures that rely upon infiltration shall be managed in accordance with the following standards:

No stormwater management measure shall be placed into operation until its drainage area has been completely stabilized. Instead, upstream runoff shall be diverted around the measure and into separate, temporary stormwater management facilities and sediment basins. Such temporary facilities and basins shall be installed and utilized for stormwater management and sediment control until stabilization is achieved in accordance with N.J.A.C. 2:90;

If, for engineering, environmental, or safety reasons, temporary stormwater management facilities and sediment basins cannot be constructed on the parcel in accordance with Subsection C.8.f(1) above, the stormwater management measure may be placed into operation prior to the complete stabilization of its drainage area provided that the measure's bottom during this period is constructed at a depth at least two feet higher than its final design elevation. When the drainage area has been completely stabilized, all accumulated sediment shall be removed from the stormwater management measure, which shall then be excavated to its final design elevation; and

To avoid compacting the soils below a stormwater management measure designed to infiltrate stormwater, no heavy equipment, such as backhoes, dump trucks, or bulldozers shall be permitted to operate within the footprint of the stormwater management measure. All excavation required to construct a stormwater management measure that relies on infiltration shall be performed by equipment placed outside the footprint of the stormwater management measure. If this is not possible, the soils within the excavated area shall be renovated and tilled after construction is completed. Earthwork associated with stormwater management measure construction, including excavation, grading, cutting, or filling, shall not be performed when soil moisture content is above the lower plastic limit;

Dry wells shall be designed to prevent access by amphibian and reptiles;

Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm established at § 509.2.C.16.d. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 509.2.G.3.a.

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 through 5:21-7.5 shall be deemed to meet this requirement;

Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 509.2.G; and

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.

Manufactured treatment devices may be used to meet the requirements of this section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the NJDEP. Manufactured treatment devices that do not meet the definition of green infrastructure at § 509.2.B may be used only under the circumstances described at § 509.2.C.14.d.

Any application for a new agricultural development that meets the definition of major development at N.J.A.C. 7:8-1.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 509.2.C.14, 15, 16, and 17 and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.

If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 509.2.C.15, 16, and 17 shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.

Any stormwater management measure authorized under the municipal stormwater management plan or this section shall be reflected in a deed notice recorded in the Burlington County Clerk's Office. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 509.2.C.14, 15, 16, and 17 and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 509.2.I.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.

A stormwater management measure approved under the municipal stormwater management plan or this section may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards contained in § 509.2.C.15, 16, and 17 and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Burlington County Clerk's Office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection C.12 above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection C.12 above.

Green Infrastructure Standards.

This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards of this section.

To satisfy the groundwater recharge and stormwater runoff quality standards at § 509.2.C.15 and 16, the design engineer shall utilize BMPs identified in Table 1 at § 509.2.C.5 and/or an alternative stormwater management measure approved in accordance with § 509.2.C.6. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:

Best Management Practice	Maximum Contributory Drainage Area
Dry well	1 acre
Manufactured treatment device	2.5 acres
Pervious pavement system	Area of additional inflow cannot exceed 3 times the area occupied by the BMP
Small-scale bioretention systems	2.5 acres
Small-scale infiltration basin	2.5 acres
Small-scale sand filter	2.5 acres

To satisfy the stormwater runoff quantity standards at § 509.2.C.17, the design engineer shall utilize BMPs identified in Table 1 or 2 at § 509.2.C.5 and/or an alternative stormwater management measure approved in accordance with § 509.2.C.6.

If a variance in accordance with § 509.2.J is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3 at § 509.2.C.5 and/or an alternative stormwater management measure approved in accordance with § 509.2.C.6 may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 509.2.C.15, 16, and 17.

Groundwater Recharge Standards.

This subsection contains the minimum design and performance standards for groundwater recharge as follows:

For all major development, the total runoff volume generated from the net increase in impervious surfaces by a ten-year, twenty-four-hour storm shall be retained and infiltrated on-site.

For minor development that involves the construction of four or fewer dwelling units, the runoff generated from the total roof area of the dwelling(s) by a ten-year, twenty-four-hour storm shall be retained and infiltrated through installation of one or more green infrastructure stormwater management measures designed in accordance with the New Jersey Stormwater BMP Manual. Appropriate green infrastructure stormwater management measures include, but are not limited to, dry wells, pervious pavement systems, and small scale bioretention systems, including rain gardens.

For minor development that involves any nonresidential use and will result in an increase of greater than 1,000 square feet of regulated motor vehicle surfaces, the water quality design storm volume generated from these surfaces shall be recharged onsite.

Stormwater from areas of high pollutant loading and/or industrial stormwater exposed to source material shall only be recharged in accordance with § 509.2.C.16.h.

Stormwater Runoff Quality Standards.

This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of:

Major development;

Minor development that involves any nonresidential use and will result in an increase of greater than 1,000 square feet of regulated motor vehicle surfaces; and

Any development involving the grading, clearing, or disturbance of an area in excess of 5,000 square feet within any five-year period.

Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm established at § 509.2.C.16.d as follows:

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.

The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection C.16.b above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.

Table 4: Water Quality Design Storm Distribution
Time (minutes)	Cumulative Rainfall (inches)	Time (minutes)	Cumulative Rainfall (inches)	Time (minutes)	Cumulative Rainfall (inches)
1	0.00166	41	0.1728	81	1.0906
2	0.00332	42	0.1796	82	1.0972
3	0.00498	43	0.1864	83	1.1038
4	0.00664	44	0.1932	84	1.1104
5	0.0083	45	0.2	85	1.117
6	0.00996	46	0.2117	86	1.1236
7	0.01162	47	0.2233	87	1.1302
8	0.01328	48	0.235	88	1.1368
9	0.01494	49	0.2466	89	1.1434
10	0.0166	50	0.2583	90	1.15
11	0.01828	51	0.2783	91	1.155
12	0.01996	52	0.2983	92	1.16
13	0.02164	53	0.3183	93	1.165
14	0.02332	54	0.3383	94	1.17
15	0.025	55	0.3583	95	1.175
16	0.03	56	0.4116	96	1.18
17	0.035	57	0.465	97	1.185
18	0.04	58	0.5183	98	1.19
19	0.045	59	0.5717	99	1.195
20	0.05	60	0.625	100	1.2
21	0.055	61	0.6783	101	1.205
22	0.06	62	0.7317	102	1.21
23	0.065	63	0.785	103	1.215
24	0.07	64	0.8384	104	1.22
25	0.075	65	0.8917	105	1.225
26	0.08	66	0.9117	106	1.2267
27	0.085	67	0.9317	107	1.2284
28	0.09	68	0.9517	108	1.23
29	0.095	69	0.9717	109	1.2317
30	0.1	70	0.9917	110	1.2334
31	0.1066	71	1.0034	111	1.2351
32	0.1132	72	1.015	112	1.2367
33	0.1198	73	1.0267	113	1.2384
34	0.1264	74	1.0383	114	1.24
35	0.133	75	1.05	115	1.2417
36	0.1396	76	1.0568	116	1.2434
37	0.1462	77	1.0636	117	1.245
38	0.1528	78	1.0704	118	1.2467
39	0.1594	79	1.0772	119	1.2483
40	0.166	80	1.084	120	1.25

If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

R = A + B - (A x B)/100

Where:
R	=	Total TSS Percent Load Removal from application of both BMPs;
A	=	the TSS Percent Removal Rate applicable to the first BMP; and
B	=	the TSS Percent Removal Rate applicable to the second BMP.

Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm established at § 509.2.C.16.d. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in § 509.2.C.15, 16, and 17.

For all major development, stormwater management measures shall be designed to achieve a minimum of 65% reduction of the post-construction total nitrogen load from the developed site, including those permanent lawn or turf areas that are specifically intended for active human use as described at N.J.A.C. 7:50-6.24(c)3, in stormwater runoff generated from the water quality design storm established at § 509.2.C.16.d. In achieving a minimum 65% reduction of total nitrogen, the design of the site shall include green infrastructure in accordance with the New Jersey Stormwater BMP Manual and shall optimize nutrient removal. The minimum 65% total nitrogen reduction may be achieved by using a singular stormwater management measure or multiple stormwater management measures in series.

In high pollutant loading areas (HPLAs) and/or areas where stormwater runoff is exposed to source material, as defined in § 509.2.B, the following additional water quality standards shall apply:

The areal extent and amount of precipitation falling directly on or flowing over HPLAs and/or areas where stormwater is exposed to source material shall be minimized through the use of roof covers, canopies, curbing or other physical means to the maximum extent practical in order to minimize the quantity of stormwater generated from HPLA areas and areas where stormwater runoff is exposed to source material;

The stormwater runoff originating from HPLAs and/or areas where stormwater runoff is exposed to source material shall be segregated and prohibited from co-mingling with stormwater runoff originating from the remainder of the parcel unless it is first routed through one or more stormwater management measures required at Subsection C.16.h(3) below;

The stormwater runoff from HPLAs and/or areas where stormwater runoff is exposed to source material shall incorporate stormwater management measures designed to reduce the post-construction load of TSS by at least 90% in stormwater runoff generated from the water quality design storm established at § 509.2.C.16.d using one or more of the measures identified at Subsection C.16.h(3)(a) or (b) below. In meeting this requirement, the minimum 90% removal of total suspended solids may be achieved by utilizing multiple stormwater management measures in series:

Any measure designed in accordance with the New Jersey Stormwater BMP Manual to remove total suspended solids. Any such measure must be constructed to ensure that the lowest point of infiltration within the measure maintains a minimum of two feet of vertical separation from the seasonal high-water table; and

Other measures certified by the NJDEP, including a Media Filtration System manufactured treatment device with a minimum 80% removal of total suspended solids as verified by the New Jersey Corporation for Advanced Technology; and

If the potential for contamination of stormwater runoff by petroleum products exists on-site, prior to being conveyed to the stormwater management measure required at Subsection C.16.h(3) above, the stormwater runoff from the HPLAs and areas where stormwater runoff is exposed to source material shall be conveyed through an oil/grease separator or other equivalent manufactured filtering device providing for the removal of petroleum hydrocarbons. The applicant shall provide the review agency with sufficient data to demonstrate acceptable performance of the device.

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.

Stormwater Runoff Quantity Standards.

This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts related to applicable major and minor development.

In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 509.2D, complete one of the following:

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;

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;

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

In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection C.17.b(1), (2), and (3) above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.

The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.

There shall be no direct discharge of stormwater runoff from any point or nonpoint source to any wetland, wetlands transition area, or surface water body. In addition, stormwater runoff shall not be directed in such a way as to increase the volume and rate of discharge into any wetlands, wetlands transition area, or surface water body from that which existed prior to development of the parcel.

To the maximum extent practical, there shall be no direct discharge of stormwater runoff onto farm fields to protect farm crops from damage due to flooding, erosion, and long-term saturation of cultivated crops and cropland.

As-built requirements for major development are as follows:

After all construction activities have been completed on the parcel and finished grade has been established in each stormwater management measure designed to infiltrate stormwater, replicate post-development permeability tests shall be conducted to determine if as-built soil permeability rates are consistent with design permeability rates. The results of such tests shall be submitted to the municipal engineer or other appropriate reviewing engineer. If the results of the post-development permeability tests fail to achieve the minimum required design permeability rate, utilizing a factor of safety of two, the stormwater management measure shall be renovated and re-tested until the required permeability rates are achieved; and

After all construction activities and required testing have been completed on the parcel, as-built plans, including as-built elevations of all stormwater management measures shall be submitted to the municipal engineer or other appropriate reviewing engineer to serve as a document of record. Based upon that engineer's review of the as-built plans, all corrections or remedial actions deemed necessary due to the failure to comply with design standards and/or for any reason concerning public health or safety, shall be completed by the applicant. In lieu of review by the municipal engineer, the municipality may engage a licensed professional engineer to review the as-built plans and charge the applicant for all costs associated with such review.

Calculation of Stormwater Runoff and Groundwater Recharge.

Stormwater runoff shall be calculated by the design engineer using the USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented, except that the Rational Method for peak flow and the Modified Rational Method for hydrograph computations shall not be used. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873.

In calculating stormwater runoff using the NRCS methodology, the appropriate twenty-four-hour rainfall depths as developed for the parcel by the National Oceanic and Atmospheric Administration, https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj, shall be utilized.

For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

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.

Groundwater recharge may be calculated in accordance with the New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.

Sources for Technical Guidance.

Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the NJDEP's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.

Guidelines for stormwater management measures are contained in the New Jersey Stormwater BMP Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3 of § 509.2.C.5. The New Jersey Stormwater BMP Manual may be utilized as a guide in determining the extent to which stormwater management activities and measures meet the standards of this section.

Additional maintenance guidance is available on the NJDEP's website at: https://www.njstormwater.org/maintenance_guidance.htm.

Submissions required for review by the NJDEP should be mailed to:

The Division of Water Quality, New Jersey Department of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.

Submissions required for review by the Pinelands Commission should be emailed to appinfo@pinelands.nj.gov.

Solids and Floatable Materials Control Standards.

Site design features identified under § 509.2.C.5, or alternative designs in accordance with § 509.2.C.b, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection F.1.b below.

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

A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inch across the smallest dimension.

Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.

For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.

The standard in Subsection F.1.a above does not apply:

Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than 9.0 square inches;

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;

Where flows from the water quality design storm established at § 509.2C.16.d are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

A rectangular space 4 5/8 (4.625) inches long and 1 1/2 (1.5) inches wide (this option does not apply for outfall netting facilities); or

A bar screen having a bar spacing of 0.5 inch.

Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the Water Quality Design Storm established at § 509.2.C.16.d; or

Safety Standards for Stormwater Management Basins.

This subsection 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.

The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection G.3.a, b or c below for trash racks, overflow grates, and escape provisions at outlet structures.

Requirements for Trash Racks, Overflow Grates and Escape Provisions.

The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;

The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;

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.

An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, the grate shall comply with the following requirements:

The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.

The overflow grate spacing shall be no greater than two inches across the smallest dimension.

The overflow grate shall be constructed of rigid, durable, and corrosion resistant material, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.

Stormwater management BMPs shall include escape provisions as follows:

If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection G.4 below, a freestanding outlet structure may be exempted from this requirement;

Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Subsection G.5 below for an illustration of safety ledges in a stormwater management BMP; and

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.

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.

Safety Ledge Illustration.

Figure 1. Elevation View — Basin Safety Ledge Configuration

Requirements for a site development stormwater plan.

Submission of site development stormwater plan.

Any application for major development approval shall include a site development stormwater plan containing all information required in § 509.2.H.3.

Any application for minor development approval that is subject to this section shall include a site development stormwater plan containing all information required in § 509.2.H.4.

The site development stormwater plan shall demonstrate that the proposed development meets the standards of this section.

The site development stormwater plan shall contain comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Subsection 509.2.C.16.d. The standards for groundwater recharge and stormwater runoff rate, volume and quality required by § 509.2.C.15, 16, and 17 and shall be met using the methods, calculations and assumptions provided in § 509.2.D.

The application submission requirements of Subsection H.1.a. and b. above shall be in addition to all other applicable application submission requirements of the municipality's land development regulations.

The applicant shall submit 15 copies of the site development stormwater plan. All required engineering plans shall be in CAD Format 15 or higher, registered and rectified to NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Shape Format NAD 1983 State Plane New Jersey FIPS 2900 US Feet. All other required documents shall be submitted in both paper and commonly used electronic file formats such as .pdf, word processing, database or spreadsheet files.

Site development stormwater plan Approval. The site development stormwater plan shall be reviewed as a part of the development review process by the municipal board or official from whom municipal approval is sought. That municipal board or official shall consult the engineer retained by the Planning and/or Zoning Board (as appropriate) to determine if all the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.

Checklist Requirements for major development. Any application for major development approval shall include a site development stormwater plan containing, at minimum, the following information.

Topographic Base Map. The site development stormwater plan shall contain a topographic base map of the site that extends a minimum of 300 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing one-foot contour intervals. The map shall indicate the following: existing surface water drainage, shorelines, steep slopes, soils, highly erodible soils, perennial or intermittent streams that drain into or upstream of any Category One or Pinelands Waters, wetlands and floodplains along with any required wetlands transition areas, marshlands and other wetlands, pervious or vegetative surfaces, existing surface and subsurface human-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown. Medford Township or the Pinelands Commission may require upstream tributary drainage system information as necessary.

Environmental Site Analysis. The site development stormwater plan shall contain a written description along with the drawings of the natural and human-made features of the site and its environs. This description shall include:

A discussion of environmentally critical areas, soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention shall be given to unique, unusual or environmentally sensitive features and to those features that provide particular opportunities for or constraints on development; and

Detailed soil and other environmental conditions on the portion of the site proposed for installation of any stormwater management measures, including, at a minimum:

A soils report based on on-site soil tests;

Location and spot elevations in plan view of all test pits and permeability tests;

Permeability test data and calculations;

Any other required soil or hydrogeologic data (e.g., mounding analyses results) correlated with location and elevation of each test site;

A cross-section of all proposed stormwater management measures with side-by-side depiction of soil profile drawn to scale and seasonal high water table elevation identified; and

Any other information necessary to demonstrate the suitability of the specific proposed stormwater management measures relative to the environmental conditions on the portion(s) of the site proposed for implementation of those measures.

Project Description and Site Plan(s). The site development stormwater plan shall contain a map (or maps), at the same scale as the topographical base map, indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.

Land Use Planning and Source Control Plan. The site development stormwater plan shall contain a land use planning and source control plan demonstrating compliance with the erosion control, groundwater recharge, stormwater runoff quantity control and stormwater quality treatment required by this section. This shall include, but is not limited to:

Information demonstrating that the proposed stormwater management measures are able to achieve a minimum 65% reduction of the post-construction total nitrogen load, in accordance with § 509.2.C.16.g.

Where any stormwater generated from high pollutant loading areas or where stormwater will be exposed to source material, information demonstrating that the proposed stormwater management measures are consistent with § 509.2.C.16.h.

Stormwater Management Facilities Map. The site development stormwater plan shall contain a Stormwater Management Facilities Map, at the same scale as the topographic base map, depicting the following information:

Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention (if applicable) and emergency spillway provisions with maximum discharge capacity of each spillway.

Groundwater Mounding Analysis. The site development stormwater plan shall contain a groundwater mounding analysis in accordance with § 509.2.C.7.a.

Inspection, Maintenance and Repair Plan. The site development stormwater plan shall contain an Inspection, Maintenance and Repair Plan containing information meeting the requirements of § 509.2.I.2 of this section.

Checklist Requirements for Minor Development. Any application for minor development approval that is subject to this section shall include a site development stormwater plan, certified by a design engineer, containing, at minimum, the following information:

All existing and proposed development, including limits of clearing and land disturbance.

All existing and proposed lot lines.

All wetlands and required wetland transition areas.

The type and location of each green infrastructure stormwater management measure.

A cross sectional drawing of each stormwater management measure showing the associated:

Soil profile;

Soil permeability test elevation;

Soil permeability rate; and

The elevation of, and vertical separation to, the seasonal high water table.

A design engineer's certification that each green infrastructure stormwater management measure will not adversely impact basements or septic systems of the proposed development, in accordance with § 509.2.C.7.b.

A maintenance plan containing information meeting the requirements of § 509.2.I.2 of this section.

Exception from Submission Requirements. With the exception of Subsection H.3.g and 4.g above, the municipality may modify or waive any required element of the site development stormwater plan, provided that sufficient information can be provided to demonstrate compliance with the standards of this section. However, application information required in accordance with the Pinelands CMP [N.J.A.C. 7:50-4.2(b)] shall be submitted to the Pinelands Commission, unless the Executive Director of the Pinelands Commission waives or modifies the application requirements.

Maintenance and Repair.

All development regulated under this section shall incorporate a maintenance plan, prepared by the design engineer, consistent with Subsection I.2 below. Maintenance and repair shall be implemented in accordance with maintenance plan and Subsection I.3 below.

The maintenance plan shall include the following:

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.

Responsibility for maintenance of stormwater management measures approved as part of an application for major development shall not be assigned or transferred to the owner or tenant of an individual property, unless such owner or tenant owns or leases the entire site subject to the major development approval. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all the maintenance required.

Responsibility for maintenance of stormwater management measures approved as part of an application for minor development may be assigned or transferred to the owner or tenant of the parcel.

If the person responsible for maintenance identified under Subsection I.2.a above is not a public agency, the maintenance plan and any future revisions based on § 509.2.I.3.b(2) shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

For all major development, the following additional standards apply:

The maintenance plan shall include accurate and comprehensive drawings of all stormwater management measures on a parcel, including the specific latitude and longitude and block/lot number of each stormwater management measure. Maintenance plans shall specify that an inspection, maintenance, and repair report will be updated and submitted annually to the municipality;

An adequate means of ensuring permanent financing of the inspection, maintenance, repair, and replacement plan shall be implemented and shall be detailed in the maintenance plan. Financing methods shall include, but not be limited to:

The assumption of the inspection and maintenance program by a municipality, county, public utility, or homeowners association;

The required payment of fees to a municipal stormwater fund in an amount equivalent to the cost of both ongoing maintenance activities and necessary structural replacements.

For all minor development, maintenance plans shall be required for all stormwater management measures installed in accordance with this section and shall include, at a minimum, the following information:

A copy of the certified plan required pursuant to § 509.2.H.4;

A description of the required maintenance activities for each stormwater management measure; and

The frequency of each required maintenance activity.

General Maintenance and Repair.

Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of non-vegetated linings.

The person responsible for maintenance identified under § 509.2.I.2.b shall perform all of the following requirements:

Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and

The requirements of Subsection I.2.b, c, and d above do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.

In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or County may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.

Nothing in this section shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

Variances.

The exemptions, exceptions, applicability standards, and waivers of strict compliance contained in the NJDEP Stormwater Management Regulations at N.J.A.C. 7:8-1.1 et seq. shall not apply within the Pinelands Area except in accordance with this section.

The municipal review agency may grant a variance from the design and performance standards for stormwater management measures set forth in its municipal stormwater management plan and this section, provided that:

No variances shall be granted from § 509.2.C.17.d which prohibits the direct discharge of stormwater runoff to any wetlands, wetlands transition area, or surface waterbody and the direction of stormwater runoff in such a way as to increase in volume and rate of discharge into any wetlands, wetlands transition area, or surface water body from that which existed prior to development of the parcel;

The municipal stormwater plan includes a mitigation plan in accordance with N.J.A.C. 7:8-4.2(c)11 and N.J.A.C. 7:50-3.39(a)2viii;

The applicant demonstrates that it is technically impracticable to meet any one or more of the design and performance standards on-site. For the purposes of this analysis, technical impracticability exists only when the design and performance standard cannot be met for engineering, environmental, or safety reasons. A municipality's approval of a variance shall apply to an individual drainage area and design and performance standard and shall not apply to an entire site or project, unless an applicant provides the required analysis for each drainage area within the site and each design and performance standard;

The applicant demonstrates that the proposed design achieves the maximum possible compliance with the design and performance standards of this section on-site; and

A mitigation project is implemented, in accordance with the following:

All mitigation projects shall be located in the Pinelands Area and in the same HUC-14 as the parcel proposed for development. If the applicant demonstrates that no such mitigation project is available, the municipality may approve a variance that provides for mitigation within the same HUC-11 as the parcel proposed for development, provided the mitigation project is located in the Pinelands Area.

The proposed mitigation project shall be consistent with the municipal stormwater management plan certified by the Pinelands Commission. If said stormwater management plan does not identify appropriate parcels or projects where mitigation may occur, the applicant may propose a mitigation project that meets the criteria in Subsection J.2.e(1) above.

The mitigation project shall be approved no later than preliminary or final site plan approval of the major development.

The mitigation project shall be constructed prior to, or concurrently with, the development receiving the variance.

The mitigation project shall comply with the green infrastructure standards at Subsection C.14.

If the variance that resulted in the mitigation project being required is from the green infrastructure standards at § 509.2.C.14, then the mitigation project must use green infrastructure BMPs in Table 1 contained at § 509.2.C.5, and/or an alternative stormwater management measure approved in accordance with § 509.2.C.6, that meets the definition of green infrastructure to manage an equivalent or greater area of impervious surface and an equivalent or greater area of motor vehicle surface as the area of the major development subject to the variance. Grass swales and vegetative filter strips may only be used in the mitigation project if the proposed project additionally includes a green infrastructure BMP other than a grass swale or vegetative filter strip. The green infrastructure used in the mitigation project must be sized to manage the water quality design storm established at § 509.2.C.16.d, at a minimum, and is subject to the applicable contributory drainage area limitation specified at § 509.2.C.14.b, as applicable.

A variance from the groundwater recharge standards at § 509.2.C.15 may be granted provided that the total volume of stormwater infiltrated by the mitigation project equals or exceeds the volume required at § 509.2.C.15.

A variance from the stormwater runoff quality standards at § 509.2.C.16 may be granted if the following are met:

The total drainage area of motor vehicle surface managed by the mitigation project(s) must equal or exceed the drainage area of the area of the major development subject to the variance and must provide sufficient TSS removal to equal or exceed the deficit resulting from granting the variance for the major development; and

The mitigation project must remove nutrients to the maximum extent feasible in accordance with § 509.2.C.16.g.

A variance from the stormwater runoff quantity standards at § 509.2.C.17 may be granted if the following are met:

The applicant demonstrates, through hydrologic and hydraulic analysis, including the effects of the mitigation project, that the variance will not result in increased flooding damage below each point of discharge of the major development;

The mitigation project indirectly discharges to the same watercourse and is located upstream of the major development subject to the variance; and

The mitigation project provides peak flow rate attenuation in accordance with § 509.2.C.17.b(3) for an equivalent or greater area than the area of the major development subject to the variance. For the purposes of this demonstration, equivalent includes both size of the area and percentage of impervious surface and/or motor vehicle surface.

(10)

The applicant or the entity assuming maintenance responsibility for the associated major development shall be responsible for preventive and corrective maintenance (including replacement) of the mitigation project and shall be identified as such in the maintenance plan established in accordance with § 509.2.I. This responsibility is not transferable to any entity other than a public agency, in which case a written agreement with that public agency must be submitted to the review agency.

Any approved variance shall be submitted by the municipal review agency to the county review agency and the NJDEP, by way of a written report describing the variance, as well as the required mitigation, within 30 days of the approval.

§ 510 Easements.

[Ord. No. 1992-1 § 1]

Utility easements along property lines or elsewhere for public purposes may be required. Such easements shall be at least 20 feet wide for one utility and five additional feet for each additional utility and shall be located in consultation with the companies or Township departments concerned. (See Subsection 523.B for additional standards).

Conservation easements and floodplains shall be indicated on the preliminary and final plats and shown in such a manner that their boundaries can be accurately determined. The removal of trees and ground cover shall be prohibited in such easements except for the following purposes: the removal of dead or diseased trees, limited thinning of trees and brush to encourage the most desirable growth, the removal of trees to allow for structures designed to impound water or convey stormwater, the removal of trees for the construction of suction pipes, the removal of trees in areas to be flooded in the creation of ponds and lakes and the installation and maintenance of utilities.

The boundary line of any easement shall be monumented at its intersection with all existing or proposed street lines, except when a lot line forms the side or center line of the easement.

Whenever the internal grading of a lot is part of the design of the drainage of stormwater system, as by swale, berm or other topographical feature designed to intercept or direct water, the same shall be designated as an easement on the map to be filed, or shall be dedicated by recorded instrument, in such a way as to give notice to future owners of said property and to ensure continued maintenance of such drainage feature. The recorded instrument or filed map shall contain a metes-and-bounds description of the easement, as well as an outline of the rights of the grantee in such easement, including but not limited to construction, reconstruction, replacement, repair, maintenance and enlargement of the facilities within the easement.

§ 511 Endangered Flora and Fauna.

[Ord. 1992-1 § 2; Ord. No. 1997-16 § 28]

No development shall be carried out in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered animal species designated by the Department of Environmental Protection and Energy pursuant to N.J.S.A. 23:2A-1 et seq. All development or other authorized activity shall be carried out in the Pinelands Area in a manner which avoids disturbance to fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding of significant populations of fish and wildlife in the Pinelands. No development shall be carried out by any person in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on the survival of any local populations or threatened or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.26.

§ 512 Energy Conservation.

[Ord. No. 1992-1 § 2]

All development shall be carried out in a manner which promotes energy conservation and maximizes active and passive solar energy in accordance with any applicable statutes. Such measures may include orientation of buildings, landscaping to permit solar access and the use of energy conservation building materials.

§ 513 Fences and Walls.

[Ord. No. 1992-1 § 2; amended by Ord. No. 1996-4 §§ 7 — 9; Ord. No. 2006-7 § 1; 4-7-2015 by Ord. No. 2015-5]

A fence or wall shall be defined, for the purposes of this ordinance, as an artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials, erected for the enclosure or partial enclosure of land and/or dividing one piece of land from another. For the purposes of this ordinance, gates shall be considered a fence, whether freestanding or attached to a fence, wall, or other structure.

No fences or walls shall be erected within the Township without the owner of the premises or his representative obtaining a permit from the Zoning Officer of the Township. The fence or wall permit shall be forwarded to the Township Engineer for review and comment if deemed necessary by the Zoning Officer. The application for a permit shall be on such form as prepared by the Zoning Officer and shall include the following information:

The owner and address of the premises where the fence or wall is to be erected.

The name and address of the company or person installing the fence or wall.

A sketch or plan of the fence or wall.

A plot plan or survey of the premises in question, which shall show streets abutting at the nearest intersection and shall include the location of structures within 10 feet of the fence or wall.

If a fence or wall is to be located within an easement granted to the Township of Medford, the property owner shall provide a signed statement indicating that he or she is aware that the fence or wall is to be located within an easement and that he or she agrees to remove and later replace the fence or wall at his or her expense if such action is required by the Township in order to conduct maintenance work.

Any deed restrictions affecting the property on which the fence or wall is to be erected or constructed shall not be superseded by this section. Moreover, no fence or wall shall be located within a conservation easement, natural buffer area, or deed-restricted area unless the language of such easement, buffer, or deed-restricted area explicitly permits such fence or wall. Notwithstanding the foregoing, wood split-rail fences or post-and-rail fences (both with wire mesh, if needed for safety of children or animals) or similar type open-style wood fences may be erected at property boundary lines within these restricted areas. In no event shall picket-style fences or metal or other fencing made of manufactured materials be constructed as similar to or the equivalent of an open-style wood split-rail or post-and-rail fence.

Any legal nonconforming fences of any type in place in a conservation easement, natural buffer area or deed-restricted area as of December 31, 2007, shall be considered legal nonconforming structures. Replacement in kind (same location, material and style) for such fences shall be permitted with any necessary permits. Any change in location, material or fence style in conformance with Subsection C above shall be permitted under a typical permit procedure. Any change in location, material, or fence style which is not in conformance with Subsection C shall be subject to denial of a zoning permit and possible consideration of a waiver request before the Planning Board at a fully noticed public hearing.

All fences and walls shall be of durable quality materials and installed in a good workmanlike manner. All fences and walls shall be maintained by the owner.

The following fences shall be exempt from the requirements of this section relative to permit, fees, construction or materials:

Fences accessory to farm operations, except that said exemption shall not extend to that percentage of farm property set aside for residential purposes as delineated upon the property record cards of the Township.

Fences on any Township, county or state facility, park, playground or school premises.

Fences approved as part of a subdivision or site plan application.

Regulations for residential fences and walls in residential districts are as follows:

Fences shall be no closer than one foot to the street line.

Fences not exceeding 48 inches in height above ground level may be erected in front of a yard, as defined.

Front yard fences shall be of a nonsolid construction having an opacity of not more than 50% and shall be of wood construction (preferably split-rail) and may not be chain-link or metal picket fencing.

Synthetic fence materials that simulate wood fence members, including PVC, wood-plastic composites, and other similar materials, are also acceptable.

Vehicular access gates, as defined, are not permitted within a front yard.

Fences not exceeding six feet in height above the ground level may be erected in a rear yard, and in side yards behind the actual front building setback line, as defined.

Fences on corner properties shall not be constructed of materials that would block the view of vehicular traffic at the intersection.

Barbed and/or electrified wire fences are prohibited, except in conjunction with an agricultural use.

A tennis court area, located in the rear yard areas only, may be surrounded by a fence a maximum of 15 feet in height; said fence is to be set back from any lot line the distance required for accessory buildings in the zoning district in accordance with § 400 or § 600.

Fences for Reverse Frontage Lots. Reverse frontage lots technically have front yards on both a primary street, i.e., a street from which access is gained and a secondary street, i.e., a street from which access is restricted. Typical front yard fence restrictions as in Subsection F.2 above shall not apply to the rear/back yard of reverse frontage yards.

The purpose of this section is to permit fences in the rear or back yards of these lots, which are greater than four feet in height, of solid or open construction and made of wood or other materials. While permitting other types of fences, these regulations continue to seek to avoid the negative aesthetic impact of imposing fences located close to the travelway of a street. Fences up to six feet in height are permitted in such areas to provide separation, screening or buffering from the adjoining streets. The installation must be in accordance with the following standards:

The minimum setback from the secondary street in all cases shall be no less than the required front yard setback for the district, except that the setback shall not be less than 25 feet from the street right-of-way.

If an approved buffer area or other protected or preserved or landscaped area is located along the secondary street, the fence must be located outside of this area and on the developed or potentially developable side of the buffer. The fence must be set back as provided in Subsection F.7.a(1) above. If the lot is subject to other restrictions affecting the location of fences, those restrictions shall also be met.

If the secondary street frontage adjoins a lot or lots with direct frontage on the street, i.e., a lot which is not a reverse frontage lot, the minimum setback for the fence shall be no less than the setback of the front facade of the existing principal building which is the greatest distance from the street line, plus 10 feet, but no less than the minimum front yard setback for the district, plus 10 feet.

Landscaping requirement. Any solid fence, board-on-board fence or other fence with picket spacing less than three inches and more than four feet in height and closer to the right-of-way line than 50 feet shall be buffered by landscaping on the street side with at least one evergreen tree, (four feet or more in height at planting) and one large evergreen shrub (four feet or more at maturity) for each 15 feet of fence or part thereof. This standard shall not apply to locations already provided with a landscaped buffer area if the existing buffering exceeds the standards outlined above. The Planning and Zoning Official may approve substitute landscaping schemes if the alternate design meets the intent of the above listed standards.

Deer Fences. Notwithstanding the provisions set forth in this ordinance, deer fences are permitted in accordance with the following standards:

A deer fence up to eight feet in height may be erected in a rear yard and in the side yard behind the actual front building setback line, as defined.

A deer fence up to six feet in height may be erected in a front yard, provided it is not closer than 10 feet from an adjacent lot.

Front yard deer fences shall be set back a minimum of one foot from the street line and a minimum of 15 feet from the road surface or cartway.

Front yard deer fences shall be set back a minimum of 10 feet from any sidewalk or bike path.

Front yard deer fences shall only be located in densely vegetated areas, behind a continuous understory of low-branched trees and shrubs that will visually obscure views of the fence from the street and adjacent homes. This vegetation may be existing or proposed but shall be at least five feet in height at the time of planting and shall be maintained and replanted as necessary. Deer-resistant, native vegetation is suggested for these locations.

Front yard deer fences may not traverse lawn areas but must be in areas where the ground plane is natural, organic material, such as pine needles, leaf litter, wood mulch, or a non-turfgrass ground cover planting.

Deer fences shall only be constructed of an open-mesh polypropylene or similar deer netting, or plastic-coated metal having a thickness of 14 gauge or thinner. Chain-link fence or ornamental tubular picket fence shall not be considered deer fence for the purpose of increased fence height.

Vehicular gates are not permitted within front yards, and deer fences may not traverse driveways in front yards.

All netting or wire-mesh fence material may be black or dark brown only.

Posts may be metal, plastic, fiberglass or similar material in black or dark brown to match the mesh or netting, or natural, unfinished wood, and may not exceed four inches in width or diameter.

Deer fencing may not be attached to trees but must be securely supported by posts or attached to the inside of existing fencing and shall be installed in accordance with the manufacturer's specifications. Posts shall be spaced in a manner to prevent sag at the top of the mesh fence.

Deer fencing must be safely staked or secured at ground level and may not have caps, rails or cable at its top edge.

Where fencing is erected across known deer travel paths, white ribbon or flagging may be used for up to 60 days after initial installation to alert deer of its presence to help deer avoid contact with the fence.

Regulations for fences and walls for nonresidential uses are as follows:

Fences or walls shall be no closer than one foot to the street line.

Fences shall not be less than four feet nor more than eight feet in height.

Fences or walls may not be located in such a manner as to impede required sight distance areas for driveways or roadways, for pedestrians, cyclists, and vehicles.

No fence or wall shall be erected to restrict or otherwise alter the vehicular traffic flow unless approved by the Planning Board.

Nonresidential fences and walls shall require review and approval by the Planning Board.

Upon discovery of an alleged violation of this section, the Zoning Officer shall serve written notice, either by personal service or certified mail, return receipt requested, to the owner of the fence or wall and/or the owner or lessee of the property where the fence or wall is located, ordering the fence or wall to be brought into conformity with the provisions of this ordinance, or its removal, within 30 days of the date of said notice. The notice shall include notification that if the fence or wall is not brought into conformity or removed within such time, a summons and/or complaint will be issued by the Zoning Officer.

§ 514 Fire Management.

[Ord. No. 1992-1 § 2]

All lands within the GMS, GD, RGD-1, RGD-2, RS-1, RS-2, AR FD, PD, PPE, APA and SAPA Districts are designated as moderate, high or extreme fire hazard areas. Unless the applicant can demonstrate that a particular parcel in the Pinelands Area of the Township proposed for development does not meet the definition of moderate, high or extreme fire hazard classification set forth in N.J.A.C. 7:50-6.123 of the Pinelands Comprehensive Management Plan, the application shall be subject to the standards set forth in the balance of this section.

All proposed developments, or units or sections thereof, of 25 dwelling units or more will have two accessways of a width and surface composition sufficient to accommodate and support fire-fighting equipment.

All dead-end roads will terminate in a manner which provides safe and efficient entry and exit for fire-fighting equipment.

The rights-of-way of all roads will be maintained so that they provide an effective firebreak.

A fire hazard fuel break will be provided around structures proposed for human use by the selective removal or thinning of trees, bushes, shrubs and ground cover in accordance with the following requirements. In calculating the measurement of the required fuel break, the Planning Board or the Zoning Board of Adjustment, as the case may be, shall include the proposed yards, roads and other physical features in which clearing will take place toward the required minimum fuel break.

In high fire hazard areas, a fuel break of 75 feet measured outward from the structure in which:

Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned and maintained on an annual basis.

All dead plant material is removed.

In extreme high hazard areas, a fuel break of 100 feet measured outward from the structure in which:

Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned and maintained on an annual basis.

No pine tree (Pinus species) is closer than 25 feet to another pine tree.

All dead plant material is removed.

In moderate fire hazard areas, a fuel break of 30 feet measured outward from the structure in which:

Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.

All dead plant material is removed.

All residential development of 100 dwelling units or more in high or extreme high hazard areas will have a two-hundred-foot perimeter fuel break between all structures and the forest in which the following action must be taken. In calculating the measurement of the required perimeter fuel break, the Planning Board or Zoning Board of Adjustment, as the case may be, shall include the proposed yards, roads and other physical features in which clearing will take place, including the back or front of adjoining developments toward the required minimum fuel break. Where there is a perimeter fuel break pursuant to this Subsection, the Board may waive the requirement of a structure fuel break in Subsection 514.E hereinabove.

Shrubs, understory trees and bushes and ground cover shall be selectively removed, mowed or pruned and maintained on an annual basis.

All dead plant material shall be removed.

Roads, rights-of-way, wetlands and stormwater basins shall be used as firebreaks to the maximum extent practical.

There shall be a specific program for maintenance.

All structures will meet the following specifications:

Roofs and exteriors will be constructed of fire-resistant materials such as asphalt rag felt roofing, tile, slate, asbestos-cement shingles, sheet iron, aluminum or brick. If wood shingles or shake type roofs in high or extreme fire hazard areas are to be used, the shingles or shake type roof must be constructed of or treated with fire-retardant materials.

All projections, such as balconies, decks and roof gables, shall be constructed of fire-resistant materials or materials with fire-retardant chemicals.

Any openings in the roof, attic and floor shall be screened.

In the event that the applicant can demonstrate that public water, with fire hydrant protection and adequate water supply and pressure, will service the site, the Board may relax or reduce the requirements of Subsections 514.B, E and F of this ordinance hereinabove based on the written recommendations of the local fire authorities.

§ 515 Historic, Archaeological and Cultural Preservation in the Pinelands.

[Ord. No. 1992-1 § 2; Ord. No. 1997-16 §§ 29, 30]

The Planning Board, in consultation with the Historic Preservation Commission, shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the Township Committee for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to Subsection 515.E.2 hereinbelow.

Authority to issue certificates of appropriateness shall be as follows:

The Planning Board shall issue all certificates of appropriateness except as provided in Subsections 515.B.2 and 3 hereinbelow.

The Board of Adjustment shall issue certificates of appropriateness for those applications for development which it is otherwise empowered to review.

The Historic Preservation Commission shall issue certificates of appropriateness for those applications it is empowered to review pursuant to § 806.D of this ordinance.

Certificates of appropriateness shall be required for the actions described in §§ 806.C and D of this ordinance and for the following:

Construction, encroachment upon, alteration, remodeling, removal, disturbance or demolition of any resource designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or any action which renders such a site inaccessible; and

Development not otherwise exempted from review pursuant to § 802.E of this ordinance where a significant resource has been identified pursuant to Subsection 515.E.2 hereinbelow.

Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b).

A cultural resource survey shall accompany all applications for major development in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the "Cultural Resource Management Plan," dated April 1991, as amended. In general, the survey shall include: a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the project's potential environmental impacts; a thorough search of State, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and avocational archaeologists knowledgeable about the area; thorough pedestrian and natural resource surveys; archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance; adequate methodologies and sources used; and a list of personnel involved and qualifications of the person(s) performing the survey.

This requirement for a survey may be waived by the local approval agency if:

There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;

The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more comprehensive understanding of pinelands culture; or

The evidence of cultural activity lacks any potential for significance pursuant to the standards of Subsection 515.E.2 hereinbelow.

A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling, and association which reflects its significance in American history, architecture, archaeology or culture under one or more of the criteria identified in Subsections 710.A.1 through 4 of this ordinance.

The standards governing certificates of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by the Planning Board, Board of Adjustment and Historic Preservation Commission.

The effect of the issuance of a certificate of appropriateness is as follows:

All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection 515.G.2 hereinbelow.

A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in § 515.E above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the Township Council pursuant to N.J.S.A. 40:55D-1 et seq. within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.

The following information will be required to document resources which are not found to be significant but which are otherwise found to present graphic evidence of a cultural activity:

A narrative description of the resource and its cultural environment;

Photographic documentation to record the exterior appearance of buildings, structures, and engineering resources;

A site plan depicting in correct scale the location of all buildings, structures, and engineering resources; and

A New Jersey State inventory form as published by the New Jersey Department of Environmental Protection and Energy for buildings and a narrative description of any process or technology if necessary to elaborate upon the photographic record.

If archaeological data is discovered on a site at any time after construction has been commenced, the developer shall immediately cease construction, notify the Planning Board and the Pinelands Commission and take all reasonable steps to protect the archaeological data in accordance with the "Guidelines for the Recovery of Scientific, Prehistoric, Historic and Archaeological Data: Procedures for Notification, Reporting, and Data Recovery" (36 C.F.R. 66).

§ 516 Landscaping and Street Trees.

[Ord. No. 1992-1 § 1; Ord. No. 1997-16 §§ 31-32]

Conformance. All development shall conform, where applicable, to the provisions of this section herewith and to the provisions of § 506 "Buffers and Scenic Corridors," § 511 "Endangered Flora and Fauna," § 520 "Off-Street Parking, Loading Areas and Driveways," § 527 "Site Clearing, Grading and Soil Protection," and all other applicable provisions of this ordinance.

Street Trees. All land development devoid of major trees, along arterial and collector streets of a development and along proposed roads and street rights-of-way where natural woods are not present and where, due to construction, the entire right-of-way is cleared, the following provisions shall apply:

Trees shall be planted along both sides of all streets as approved by the Planning Board or Zoning Board of Adjustment, as the case may be.

Trees shall be planted at forty-foot intervals, or an equivalent number shall be planted in an informal arrangement.

At intersections, trees shall not be located closer than 30 feet from the intersection of the street right-of-way lines, except when the standards increase the distance for sight.

The caliper of the trees shall be two inches measured 12 inches above the ground. The standing height shall be a minimum of 10 feet. All trees shall be brought to the site balled and burlapped or other acceptable means, free of insects and disease and true to species and variety.

Stripping trees or filling more than six inches around trees shall not be permitted unless it can be shown that construction 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 which have been transplanted by virtue of the requirements of this section shall be replaced by the developer during the next recommended planting season.

All trees shall be installed in accordance with the American Nurserymen Guide.

Recommended tree list for the Medford Village and surrounding area:

North of Route 70 and South to Himmelein Road (Projected)	Areas South of Himmelein Road (Projected)
Red maple	Red maple
White ash	Sweet gum
Red oak	Southern red oak
Pin oak	White oak
Willow oak	Tulip tree
	Black oak
	Pitch pine

General Landscaping Provisions.

Landscaping provided as part of any development plan should provide for a variety and mixture of plantings. The selection should consider susceptibility to disease, colors, season, textures, shapes, blossoms, and foliage. The site plan and/or subdivision plan shall show the location, specie, size at planting and quantity of each plant. A conscious effort shall be made to preserve the existing vegetation on-site during the design, planning and construction of any development.

There shall be a minimum of three deciduous shade trees, not including street trees, per lot in the front yard of all residential developments where the site is devoid of trees (such as farmland developments) or at the discretion and recommendation of the Township planning staff when adequate shade or canopy has not been provided naturally.

Where new landscaping or lawn area has been provided for nonresidential uses, underground irrigation of this area shall be provided, where practicable and feasible, except where the Board determines that underground irrigation is unreasonable for a particular site, based on hardship, type of lawn, size of lawn or other constraints.

The use of natural and water-conserving landscaping is encouraged.

In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans required pursuant to §§ 803.B.13 or 804.B.22 shall incorporate the following element:

The limits of clearing shall be identified;

Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design where practical; and

Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure.

Additional Regulations for Pinelands Area.

In addition to the requirements in Subsection 516.C.5 hereinabove, the following items shall be incorporated into all landscaping or revegetation plans for all development within the jurisdiction of the Pinelands Comprehensive Management Plan:

Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:

When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;

For limited ornamental purposes around buildings and other structures; or

When limited use of other shrubs or tree species is required for proper screening or buffering.

The Board shall not accept the unavailability of shrubs and trees authorized by N.J.A.C. 7:50-6.25 as adequate grounds for a waiver from the requirements of Subsection 716.D.1.a above.

Plant List. Subject to review and approval by the Board, all plantings within an area under the jurisdiction of the Pinelands Comprehensive Management Plan shall include, but not be limited to, those listed in N.J.A.C. 7:50-6.25 of the Pinelands Comprehensive Management Plan and the following list:

	Common Name	Botanical Name
a.	Canopy Trees
	Red maple	Acer rubrum
	Sweet birch	Betula lenta
	White cedar	Chamaecyparis thiodes
	Persimmon	Diospyros virginiana
	Sweet gum	Liquidambar styracifula
	Sour gum	Nyssa sylvatica
	Short-leaf pine	Pinus enchinata
	Pitch pine	Pinus rigida
	Virginia pine	Pinus virginiana
	White oak	Quercus alba
	Scarlet oak	Quercus coccinea
	Red oak	Quercus rubra
	Pin oak	Quercus palustris
	Black oak	Quercus veluntina
b.	Understory Trees
	Serviceberry/Shadblow	Amelanchier canadensis
	Gray birch	Betula populifolia
	Dogwood	Cornus florida
	American holly	Ilex opaca
	Sweet bay magnolia	Magnolia virginiana
c.	Shrubs
	European alder	Alnus gultinosa
	Red chokeberry	Aronia arbutifolia
	Black chokeberry	Aronia melanocarpa
	Sweetfern	Comptonia peregrina
	Summersweet	Clethra alnifolia
	Black huckleberry	Gaylussacia baccata
	Inkberry	Ilex glabra
	Winter berry	Ilex verticillata
	Mountain laurel	Kalmia latifolia
	Sheep laurel	Kalmia angustifolia
	Bayberry	Myrica pennsylvanica
	Scrub oak	Querus ilicifolia
	Swamp azalea	Rhododendron viscosa
	Smooth sumac	Rhus glabra
	Staghorn sumac	Rhus typhina
	Highbush blueberry	Vaccinium corymbosum
	Lowbush blueberry	Vaccinium angustifolium
d.	Ground Covers
	Bearberry	Arctostaphylos uva-ursi
	Lily-of-the-valley	Convallaria majalis
	English Ivy	Hedera helix
	Saint Johnswort	Hypericum calycinum
	Pachysandra	Pachysandra terminalis
	Periwinkle	Vinca minor
e.	Grasses
	Redtop	Agrostis alba
	Little bluestem	Andropogon scoparius
	Bermuda grass	Cynodon dactylon
	Tall fescue	Festuca arundiancea
	Red fescue	Festuca rubra
	Perennial rye	Lolium perenne
	Deer tongue	Panicum clandestinum
	Switch grass	Panicum virgatum

Protection of Existing Vegetation.

Trees designated to remain on the construction sites are to be protected with a physical barrier as follows:

A physical barrier shall be installed around each plant or group of plants that are to remain on the site.

This barrier shall be constructed of a durable material that will last until construction is completed.

Barriers shall not be supported by the plants they are protecting but shall be self-supporting.

Each barrier shall be a minimum of four feet in height and shall be placed a minimum of six feet from each plant or group of plants they are designed to protect.

This barrier shall be installed before any excavation or construction is begun.

The grade of land located within six feet of a tree shall not be raised or lowered more than six inches unless compensated by welling or retaining methods described herein. In situations of specimen trees with shallow surface rooting, grading shall not occur within a twelve-foot radius of the tree trunk unless excavated by hand.

Tree wells are to be constructed around each tree or group of trees before any grades are increased. Wells are to be constructed of uncemented stone, block or any other suitable material. This well should be a minimum of three feet in diameter for four inches or less caliber trees. Construction is to be started at the determined distance, on existing grade so as not to disturb roots with foundation construction. For trees of more than four inches in diameter, add one foot to the diameter of each additional inch of caliper measured 12 inches above natural ground level, to a maximum of eight feet.

Retaining walls are to be constructed around each tree or group of trees immediately after grade is lowered. This retaining well is to be constructed of pressure treated timber or any other suitable material subject to approval by the Township Engineer and the Planning Board.

Any clearing within six feet of tree trunks must be done by hand. No equipment is to be driven over this area, and no building materials are to be stacked against the trees or within the area of the barrier.

No tree is to support any scaffolding, signs, temporary utility or any other device.

Topsoil is to be stockpiled in an area at least eight feet from any tree designated to remain.

Groundcover and Mulch.

All planting beds must be provided with groundcover and the type to be used must be noted on the site plan. Where mulches are used, a layer of black, four-mil polyethylene or its equivalent must be used to reduce weed growth. Minimum required depth of placement is four inches. An approved chemical preemergence nonselective herbicide may be used in lieu of the polyethylene. Chemical to be used must be specified on the site plan and used according to directions.

Groundcovers are required in place of grass in small and restricted areas, such as tree and shrub planters.

All groundcover areas and steep banks with slopes greater than a three to one gradient must be planted with an approved groundcover.

Planting Procedure.

Type. All new material planted shall be true to genus, species and variety and shall be nursery grown stock.

Time. Any vegetation delivered to a site which is not planted immediately shall be heeled-in to prevent dessication.

Completion Time Requirements.

The construction schedule submitted in accordance with Subsection 805.B.7.d(3) shall include landscaping to insure that same is completed along with other construction on the site whenever practical. However, all landscaping as shown on the plan shall be completed within six months of completion of other construction.

All landscaping including temporary measures shall ensure the stabilization of soils.

Staking Procedures. Trees which must be staked are those over six feet in height and shall be staked in the following manner:

Two stakes shall be driven a minimum of two feet into undisturbed soil outside the planting hole.

Stakes when driven must be 1/2 to 2/3 the height of the tree measured from ground level.

Stakes shall be a minimum of two inch by two inch stock at the thick end.

Stakes shall be placed in line with prevailing winds.

Stakes shall be attached to the tree with twelve-gauge galvanized wire covered with rubber or plastic hose where wire is likely to come in contact with the tree trunk. Any of the commercially available materials designed for staking trees may be used as an alternative with the approval of the Township Engineer. The loop in contact with the tree shall be loose enough to permit growth and prevent girdling for two years but shall be tightly bound to prevent slippage.

Wrapping. Each tree shall be wrapped with an expandable paper or cloth treated to last at least one year to prevent sun scald.

The wrap shall extend from the ground level up the trunk to the first branches.

The wrap shall be attached or fastened to each end with a material that will permit tree growth without girdling.

Mulching.

A four inch minimum layer of mulch shall be applied around each individual or group of trees and shrubs.

A "mulch" shall be considered any material, organic or inorganic, of a granular nature that is not readily subject to movement by wind or water.

Wood chips partially rotted or nitrogen-enriched may be used. New wood chips are not acceptable because of the bacterial drawings of available nitrogen from the soil, thus preventing its use by the plants it is intended to protect.

Plant Positioning.

All vegetation should be planted at the same finished grade level in which they were growing in the nursery. A ring of packed soil shall be placed around the finished planting hole of each tree.

The saucer shall be a minimum of four inches higher higher than the finished grade.

Saucers placed on slopes shall be level at the top and perpendicular to the tree trunk.

Saucers are to be designed to catch and hold the maximum amount of water, either from natural precipitation or irrigation.

Balled and burlaped vegetation must have the top 1/4 of the lacings and burlap pulled away, but not removed completely, from the soil ball before backfill mixture is replaced to avoid girdling the vegetation during initial growth. In the event of a synthetic burlap (i.e., plastic, nylon) is used, remove the top 1/4 as above and slice across the bottom of the ball several times to allow roots to develop.

To avoid burning newly forming roots after transplanting, no fertilizer shall be added to the backfill mixture of balled and burlaped plant material.

All plants must be completely watered upon completion of planting.

§ 517 Lighting.

[Ord. No. 1992-1 § 2]

General Standards.

While these standards may be applied to the "Historic District," greater weight will be given to the historic and aesthetic nature of the lighting fixtures than to specific performance criteria in considering variances from these guidelines.

For minor site plans and wherever appropriate in the discretion of the Township Engineer for developments with insignificant impact with reference to lighting, the developer may submit a sample of the actual fixture and lighting proposed for review and approval by the Township Engineer in lieu of the engineering data required in Subsection 517.H hereinbelow.

Illumination Levels.

The maintained footcandles of illumination recommended at ground level are as indicated in the following table:

	Minimum fc	Average fc	Uniformity Ratio*
Residential area parking (including churches and other similar less intensive residentially associated uses)	0.2	0.4	17:1
Industrial/commercial/office area parking	0.4	0.6	10:1
Entrance and exit roads and intersections	**	0.6	10:1

NOTES:
*Uniformity ratio = maximum/minimum.
**To be determined by level of illumination at travel roadway.

The illumination levels recommended shall be attained by use of the minimum number of poles that will provide relatively uniform illumination. High uniformity ratios which deter or prevent visual adaption shall be avoided.

Luminaries.

Sharp cutoff-type luminaries are recommended for the best approach to lighting parking areas and shall be of the type that can be provided with sharp cutoff deflectors or retractors where required to shield light from the luminaire at angles less than the set cutoff degree angle above nadir (from the vertical). The shielding angle shall be selected to minimize discomforting glare to an observer's eyes from the light source at an angle below the set cutoff. Shielding shall also be employed to prevent spillover of undesirable light to adjoining property.

The use of high-pressure sodium luminaries is encouraged. Low-pressure sodium luminaries will be considered in isolated industrial areas remote from residential and commercial districts where they will not be visible from the traveled way.

General illumination of the exterior of buildings, including the roof, is not permitted unless specifically approved by the Planning Board or Zoning Board of Adjustment, as the case may be. Objectionable spill, to the exterior, of bright and glaring interior building light shall be avoided by the use of low-brightness lenses on interior lighting.

For parking areas outside the "Historic District," the lighting plan shall provide for non-glare lights and recessed lenses focused downward.

Light Pollution or Light Intrusion.

Any outdoor lighting such as sidewalk illumination, driveways with no adjacent parking, the lighting of signs and permitted ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties and traffic safety. The objectives of these specifications is to minimize undesireable off-premises effects. No light shall shine into windows or onto streets and driveways in such a manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval.

The maximum cutoff angle shall be used to shield light source glare and unwanted light from adjacent properties and motorists approaching on bounding roads and highways. Light spillage of more than 0.2 footcandles onto adjacent properties shall be prohibited.

Adequate shielding shall be employed to protect properties, streets and highways from the glare of such illumination, including luminaries for illuminating entrances and driveways for parking areas.

Conflicting with lighting of adjacent (parking areas) properties shall be avoided. For example, if one or more adjacent areas with established lighting systems are using mercury-vapor lamps, the submitted area shall conform to the same lamp type, but not necessarily the same type luminaire. However, other HID (high intensity discharge) lamps may be considered when there is ample reason for employing such lamps and ample proof that a suitable method can be employed to reduce color conflict.

Mounting Height. The maximum mounting height of pole-mounted luminaries shall be 25 feet or the height of the building, whichever is less.

Security Lighting. All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, multiple-family or other uses having common off-street parking and/or loading areas shall be adequately illuminated for safety and security reasons from sunset to sunrise.

Street Lighting. Plans accompanying all applications for development shall include the location of all proposed streetlights of a type supplied by the utility and of a type and number approved by the Board and/or Township Engineer. Streetlights shall be provided at the entrance from collector roads, at all major changes in direction in roads, at all intersections and anywhere else deemed necessary for safety reasons.

Information To Be Submitted. The following shall be submitted for review and approval of all lighting systems:

Site plan showing existing and proposed streetlights within 100 feet of the property area to be lighted, location of all poles and luminaires, illumination levels using photometric curve plotting or point-by-point grid showing footcandles of illumination at each point.

Type of luminaires, including manufacturer's data.

Type and wattage of lamp, including manufacturer's data.

Mounting height of luminaire.

Photometric data and isofootcandle curves of the luminaire and lamp proposed. Photometric data shall be from an independent testing laboratory. Photometric curves shall be drawn to the same scale as the site plan scale and shall show maintained footcandle levels of illumination.

Type of pole and manufacturer's data. Applicants are encouraged to use wooden or bronze-colored aluminum poles in keeping with the architecture of the building and surrounding areas.

Pole base and foundation design and details. Anchor bolts shall be in accordance with Township standards.

Included with photometric and luminaire data shall be data on:

Light source corrections.

Lamp life lumen depreciation factor.

Coefficient of utilization.

Luminaires dirt depreciation factors.

Maintenance factor correction.

§ 518 Lot Configuration.

[Ord. No. 1992-1 § 2; Ord. No. 1996-4 §§ 10, 11; Ord. No. 1997-16 § 33; Ord. No. 1997-22 § 1]

General Provisions.

Lots shall conform to the requirements of the zoning provisions of this ordinance, and insofar as is practical, side lot lines shall either be at right angles or radial to street lines. Notwithstanding any other provisions of this ordinance, any deviation from the provisions specified in this section shall require variance relief in accordance with N.J.S.A. 40:55D-70c.

Whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of said lots have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law, and one or more of said individual lots should, by reason of exceptional shallowness, topographic conditions, substandard area or yard space or similar measurements, not conform with the minimum lot area and dimensional requirements for the zone in which it is located, the contiguous lots of said owner shall be considered as a single lot.

Except in the Pinelands Area of Medford Township in accordance with Subsection 518.A.7 of this ordinance hereinbelow, any vacant lot (not in common ownership with a contiguous lot) which existed as a conforming residential lot on March 21, 1994, or any other vacant lot, whether or not previously conforming, which was subsequently created by a subdivision approval by the Medford Township Planning Board or Zoning Board of Adjustment and filed in accordance with law, and which vacant lot has an area and/or dimension less than the minimum requirements established for the lot in the zoning district within which it is located, may have a construction permit issued for a single-family detached dwelling and, thereafter, its permitted accessory uses, without an appeal to the Zoning Board of Adjustment for variance relief, provided and in accordance with the following:

Single-family detached dwelling units are a permitted use in the subject zoning district;

The building and lot coverage limits of the subject zoning district are not exceeded;

The yard and height provisions of the zoning district are reduced by the same percentage ratio of the area of the vacant lot compared to the minimum lot area requirement of the zoning district, except that:

No side yard shall be less than 1/2 the side yard required for the subject zoning district but, in any case, shall not be less than 15 feet;

No building shall be set back less than 30 feet from any street right-of-way; and

No building shall be required to be less than 12 feet and one story in height.

Each lot must front upon an approved public street with frontage at the right-of-way of at least 35 feet in width, except for fee simple townhouses, which shall meet the requirements specified in § 415 or § 608.C of this ordinance, as applicable.

Where extra width has been dedicated for widening of existing streets, lots shall begin at such new street lines, and all setbacks shall be measured from such lines. Additionally, whenever the owner of a lot existing at the time of adoption of this ordinance has dedicated or conveyed land to the Township in order to meet the minimum street width requirements of the Official Map or Master Plan of the Township, the Construction Official shall issue construction and occupancy permits for lots whose depth and/or areas are rendered substandard only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.

Except as provided in Subsection 518.A.2 hereinabove regarding contiguous undersized lots, any existing building located on a lot which does not meet the minimum lot size requirement for the zoning district within which it is located, or any existing building which violates any yard requirement of the zoning district within which it is located, shall be permitted to construct additions to the principal building and/or to construct an accessory building without an appeal to the Zoning Board of Adjustment for variance relief provided and in accordance with the following:

The existing uses on the subject lot are permitted within the zoning district within which the subject building is located;

The maximum building coverage and lot coverage limitations of the subject zoning district are not exceeded;

The additions to the principal building and/or the construction of an accessory building do not violate any other requirement of this ordinance other than that the subject lot does not meet the minimum lot size requirement for the zoning district within which it is located and/or that the existing building violates a particular yard requirement of the zoning district within which it is located; and

The additions to the principal building and/or the construction of an accessory building do not decrease the yard setback distances already deficient compared to the requirements specified for the zoning district within the subject building is located and, in any case, provided that the additions to the principal building and/or the construction of an accessory building do not exceed the following:

The height of any addition to a principal building shall not exceed the height of the existing principal building;

The height any newly constructed accessory building shall not exceed 20 feet in height; and

The additions to the principal and any newly constructed accessory buildings, in aggregate, shall not exceed 1/2 the gross floor area of all buildings currently existing on the subject property.

Notwithstanding the density limitations or other provisions of this ordinance, the owner of a parcel land of an acre or more in the RS-1, RS-2, RGD-1, RGD-2 and/or FD zoning districts shall be entitled to develop one detached single-family dwelling on the parcel, provided that:

The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;

The parcel has been in the continuous ownership since February 7, 1979 of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation;

The parcel was not in common ownership with any contiguous land on or after February 8, 1979 that contains substantial improvements; and

The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.

For administrative purposes, any application for a construction permit under the provisions of Subsection 518.A.6 and/or A.7 hereinabove shall be referred to the Administrative Officer for a determination as to whether or not the provisions are met. In the event that the Administrative Officer cannot determine whether or not the lot qualifies for a construction permit without the submission of further application information, or, if the applicant requests exemptions from the minimum standards of § 500, the application shall be reviewed by the Zoning Board of Adjustment.

Corner Lots. Any building on a corner lot or at the intersection of driveways, access aisles or on-lot circulation drives shall not interfere with any required sight triangle. On all corner lots, the widths of all yards abutting upon streets shall not be less than the minimum front yard depth required for the zone, unless otherwise provided for in this ordinance.

Flag Lots.

Flag lots shall be permitted on single-family detached lots only when they are deemed by the Planning Board to be in the best interests of the Township and/or for the purpose of reducing negative impact to the natural environment.

The maximum number of flag lots permitted in any subdivision shall be no greater than 15% of the total number of lots proposed unless additional flag lots are specifically approved by the Planning Board for good cause shown.

The area of a flag lot shall be a minimum of 43,560 square feet, not including the area found in the stem. The entire stem shall have a width of at least 35 feet on an approved public street. The length of the stem shall not exceed 250 feet.

Yards.

No area set aside for the purpose of meeting front, side or rear yards for one building shall be considered as meeting the yard provisions of another building.

On a lot extending through a block resulting in frontage on two or more streets, including corner lots, the building setback for each street shall not be less than the required front yard.

Monuments.

Monuments shall be of the size and shape required by § 3 of Chapter 141 of the Laws of 1960, as amended, and shall be placed in accordance with said statute by the developer and indicated on the final plat.

All lot corners shall be marked with a plastic or metal alloy pin of permanent character, or with a drill hole where a lot corner is covered with a concrete surface.

§ 519 Nonconforming Uses and Structures.

[Ord. No. 1992-1 § 2; Ord. No. 1997-22 § 3]

The lawful use of land, buildings or structures existing when this ordinance was adopted may continue even though they do not conform to this ordinance. However, none shall be enlarged, extended, relocated, converted to another use or altered, except in conformity with this ordinance.

Abandonment. A nonconforming use shall be considered abandoned if it is terminated by the owner or if a nonconforming use involving a structure is discontinued for 12 consecutive months or if a nonconforming use of land ceases for a period of 12 months. The subsequent use of the abandoned building, structure and/or land shall be in conformance with this ordinance.

Restoration. Any nonconforming building, structure or use which has been condemned or damaged by fire, explosion, flood, windstorm or act of God shall be examined by the Construction Official. If, in the opinion of the Construction Official, the cost of repair is greater than 60% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a variance. If the cost of repair is less than 60% of the value of replacing the entire structure, it may be rebuilt and used for the same purpose as before, provided that it is rebuilt within one year and does not exceed the height, area and volume of the original structure. The percent damaged shall be the current replacement costs of the portion damaged or condemned, computed as a percentage of the current total replacement cost of the entire structure, neither to include the cost of the foundation unless the foundation is involved in the repair.

Repairs and Maintenance. Repairs and maintenance may be made to a nonconforming use, structure or lot, provided that the work does not change the use, expand the building or the functional use of the building, increase the area of a lot used for a nonconforming purpose or increase the non conforming purpose or increase the nonconformity in any manner.

"Grandfathered" Detached Dwelling Units on Nonconforming Lots.

Any detached single-family dwelling unit which existed on March 21, 1994 on a lot which is located within either the GMN, GMS, GD, RGD-1, RGD-2, RS-1, RS-2, or AR zoning district, and which lot is less than the required minimum lot size specified for the lot in the subject zoning district, shall meet the following yard requirements, notwithstanding any other yard requirements specified in this ordinance to the contrary, provided however that all other applicable requirements of this ordinance are met:

Principal Building Minimum
	Side Yard (each)	30'[1]
	Front Yard	50'
	Rear Yard	50'
Accessory Building Minimum
	Distance to Side Line	15'
	Distance to Rear Line	15'
	Distance to Other Building(s)	20'
Maximum
	Building Coverage of Principal Building	10%
	Lot Coverage	20%

Footnote:
[1]	Except that the side yard for any detached single-family dwelling existing prior to January 1, 1979 shall be 15 feet.

See § 518 for other applicable provisions.

§ 520 Off-Street Parking, Loading Areas and Driveways.

[Ord. No. 1992-1 § 2; Ord. No. 1998-28 § 1; Ord. No. 2001-19]

Dimensions.

Off-street parking spaces, including handicapped parking spaces, shall be dimensioned in accordance with the definition of "Parking Space" in § 203 of this ordinance.

The provision of parking and loading spaces also shall include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles except for a driveway providing access to a private residential garage. Aisles providing access to parking areas shall have the following minimum dimensions:

Angle of Parking Space	One-Way Aisle (feet)	Two-Way Aisle (feet)
90°	22	25
60°	18	20
45°	15	20
30°	12	18
Parallel	12	18
Where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail.

Off-street loading spaces shall have 15 feet of vertical clearance and shall be designed in accordance with the following schedule, except that the loading space may be reduced to 40 feet in length in cases where the site is to be serviced by vans or smaller trucks with less than four axles and when the site plan is approved by the Board:

Loading Space		Combined Apron and Aisle Length
Length (feet)	Width (feet)	90° (feet)	60° (feet)
60	10	72	66
60	12	63	57
60	14	60	54

The Fire Official shall require and designate public or private fire lanes as deemed necessary for the efficient and effective use of fire apparatus. Fire lanes shall be a minimum of 18 feet in width.

Fire Department access shall be provided and maintained to all buildings undergoing construction, alteration or demolition. Fire Department access roadways shall be of an approved surface material capable of providing emergency access and support at all times. Fire Department access roadways shall be a minimum of 18 feet in unobstructed width.

Drainage. All parking and loading areas shall be graded so that storm water runoff flows from all paved parking and driveway areas and drained in accordance with good engineering practice as approved by the Board Engineer.

Landscaping.

Except for residential dwelling units, unless required elsewhere in this ordinance, a screen planting, berm, fence, wall or combination thereof, no less than four feet in height, shall be provided between the off-street parking areas for more than 10 vehicles and any lot line or street line except where a building intervenes or where the distance between such areas and the lot line or street line is greater than 150 feet.

All loading areas shall be landscaped and screened sufficiently to obscure the view of the loading vehicles and platforms from any public street, adjacent residential district(s), or on-site parking areas, throughout the year. Such screening shall be by an extension of the building, a fence, berm, wall, evergreen planting or combination thereof and shall not be less than four feet in height.

Each off-street parking area shall have a minimum area equivalent to one parking space per every 30 spaces landscaped with approximately one-half said area having shrubs no higher than three feet and the other half having trees with branches no lower than seven feet. Such landscaped areas shall be distributed throughout the parking area in order to break the view of parked cars in a manner not impairing visibility. All areas between the parking area(s) and the building(s) shall be landscaped.

Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and public streets and shall be in accordance with § 517.

Minimum Parking and Loading Requirements.

The number of off-street parking and loading spaces for each use shall be in accordance with the requirements of §§ 400 and 600 of this ordinance, provided that the component number of handicapped parking spaces for a particular use shall be as required by the Barrier-Free Subcode of the New Jersey Uniform Construction Code N.J.A.C. 5:23-7.13 and 5:23-7.14 and the Americans With Disabilities Act (ADA) Accessibility Guidelines For Buildings And Facilities.

Where different specific activities with different parking requirements share the parking area, the total number of required parking spaces shall be the individual requirements for each activity. Where an applicant can demonstrate that fewer parking spaces would be necessary, the Planning Board or the Zoning Board of Adjustment, as the case may be, may allow a lower number, provided that the applicant shows on the approved site plan how the required additional spaces could be added if necessary without violating the impervious surface coverage requirements of this ordinance.

Location of Parking and Loading Areas.

Required off-street parking and loading spaces shall be located on the same lot or premises as the use served, regardless of the number of spaces required by this ordinance, except in the following cases:

When it is determined during site plan review that the requirements for on-site off-street parking cannot be met because of existing conditions, the location and adequacy of off-site parking spaces to service the use shall be specified on the site plan for approval by the Board.

A cooperative arrangement between nonresidential uses on different lots or premises has been approved by the Planning Board or Zoning Board of Adjustment, as the case may be.[1]

Editor's Note: Former Subsection F.1.c, regarding the making of a contribution to the Village Parking Trust Account, which immediately followed this subsection, was repealed 8-3-2021 by Ord. No. 2021-12.

No off-street loading and maneuvering areas shall be located in any front yard nor require any part of a street.

Loading spaces shall abut the building being served and shall be located to directly serve the building for which the space is being provided.

No loading and parking spaces shall be located in any required buffer area.

No parking of vehicles shall be permitted in designated fire lanes, streets, driveways, landscaped areas, aisles, sidewalks or turning areas.

Parking spaces for shopping centers may be located in any side or rear yard, or front yard if approved by the Board.

The required handicapped parking spaces shall be located as close as possible to elevators, ramps and walkways and no more than 200 feet from an accessible entrance. The parking spaces shall conform to the requirements of the Barrier-Free Subcode of the New Jersey Uniform Construction Code N.J.A.C. 5:23-7.13 and 5:23-7.14 and the Americans With Disabilities Act (ADA) Accessibility Guidelines For Buildings And Facilities.

Where the separate designation of a specific loading space is not required for an activity, the required off-street parking area shall not be used for loading and unloading purposes except during hours when normal business operations are suspended.

Access.

Each lot developed with a detached single-family dwelling unit or patio home or a two-family dwelling unit shall provide an on-site driveway turnaround where direct access is provided from a collector or arterial street and shall be permitted only one curb cut per each lot, except as provided below in Subsection 520.G.2.; where feasible, abutting lots shall have a common access drive. Each curb cut shall be a minimum 16 feet wide and the curb cut and access drive shall be located on the side property line. Each lot developed with other than a detached single-family unit or a two-family dwelling unit shall not be so restricted; however, curb cut access shall be limited by the Planning Board, as deemed necessary, in order to provide as few curb cuts as necessary, and no curb cut shall be more than 24 feet in width. In all instances, due consideration to the proposed width, curbing, direction of traffic flow, radii of curves and method of dividing traffic lanes shall be given. Curbing, where required, shall be depressed at the driveway and the curbing may be rounded at the corners. Driveways and access to any public street, except for single-family dwelling units or patio homes or two-family dwelling units, shall be located at least 35 feet from the intersection of the street at the curb line, and shall be designed in a manner conducive to safe ingress and egress. No principal driveway access for ingress and egress to any commercial or industrial use shall be permitted through any residential district.

Lots planned for or developed with detached single-family dwelling units may have an additional curb cut and an accompanying driveway in accordance with the following standards. These standards are intended to provide for driveway designs that provide safe vehicular movements and enhance the front yard area while minimizing any negative aspects of adding front yard hard surfaces.

The lot frontage on a public street must be a minimum of 120 feet, except for a corner lot, which must have at least 100 feet on each street frontage.

If a driveway is proposed to be located between the dwelling and the street, as in the case of a circular or horseshoe driveway which permits a vehicle to enter and leave a property without making a backing maneuver, the dwelling must be set back at least 70 feet from the right of way and at least 25 feet of the driveway must be located at least 50 feet back from the right-of-way. Where proposed or existing conditions prevent the minimum seventy-foot setback from the right of way, a driveway may be permitted between the dwelling and the street if at least 25 feet of the driveway is set back a minimum of 30 feet from the right of way.

The side yard setback for driveways for lots with more than one curb cut shall be 10 feet to the adjoining property line in accordance with Subsection 520.I of this ordinance.

The addition of a second access shall not cause the amount of impervious coverage on any lot to exceed the maximum permitted in the district.

All access points must meet the minimum standard for clear sight triangles.

The minimum separation between the two legs of the driveway approaching the street shall be 50 feet measured at the property line.

For corner lots, the minimum distance between a proposed apron and the extended curb line (or edge of pavement) of the intersecting street must be a minimum of 75 feet.

Lots shall be limited to two curb cuts.

A second access point for a corner lot will not be permitted if it enters a section of a street that is planned or designated for three or more lanes. A second driveway for a corner lot shall only be permitted onto a street with a functional classification of local street or minor collector.

If the lot abuts a County or State road, permission for an additional driveway onto such road must also be secured from the appropriate authority if all or other local standards are met.

All applications shall be subject to the approval of the Township Engineer, with the assistance of the Public Safety Director and/or the Director of the Department of Public Works as needed in the opinion of the Engineer. The approval of these applications shall not be unreasonably withheld and any modification to the standards must be approved by the Planning Board as a waiver of standards.

Paving and Curbing.

All parking and loading areas and access drives shall be paved or surfaced in accordance with the Township "Standard Construction and Detail Sheets," as promulgated by the Board and Township Engineers and adopted by the Township according to law, and the New Jersey Highway Standards for Road and Bridge Construction, latest edition, and any amendments thereto.

All off-street parking lots shall have adequate designations to indicate traffic flow and parking spaces. Handicapped parking spaces shall be appropriately signed with a "Reserved Parking" sign and supplemental penalty sign as required by law. Such signage shall be indicated on any subdivision and/or site plan as a requirement of submission and prior to approval.

When a curb exists between a parking area and sidewalk, a recessed handicapped curb ramp shall be provided in accordance with the "Standard Construction and Detail Sheets" and the Barrier Free Subcode of the New Jersey Uniform Construction Code N.J.A.C. 5:23-7.13 and 5:23-7.14 and any amendments thereto.

Driveways and Accessways. Driveways and parking spaces shall be located at least 10 feet from the side property line except that where the permitted side yard set back for a principal building is zero, the driveway may be located at the side property line. In other than major subdivisions and projects having a site plan approval, which are currently covered by a performance or maintenance guarantee, the following procedures shall be followed for construction of any new driveway or accessway to any street or the paving of any existing driveway or accessway.

No person shall construct or pave a driveway entrance or cut, alter or remove a curb, or part thereof, in or along any public street or right-of-way of the Township without first having obtained a permit to do so pursuant to this Subsection, and then only in accordance with and during the term of such permit and this ordinance.

Application for a permit required by this Subsection should be made in writing to the Township Clerk, accompanied by a fee of $75 and a plan showing the location and details of the proposed construction, cutting, landscaping and/or removal and, when required by the Township Engineer, driveway dimensions with grades and construction details.

Special attention must be paid to roadside drainage and sufficient detail provided for the Township Engineer to assess the impact of the proposed construction on surface drainage. Moreover, the plan should provide information on the existing and proposed lot coverage and any deed restrictions or easements placed on the lot.

The Township Clerk shall forward the application to the Township Engineer for processing, who shall inspect the site and determine that the construction conforms to standards for driveways and curbs as published in the "Standard Construction and Details Sheets" of the Township. Within two weeks of the date of filing, the Township Engineer shall report back on the application, stating either approval or a denial with an explanation of the reasons thereof.

Upon approval by the Township Engineer, the Township Clerk shall issue the permit, which shall be valid for a period of not more than one year.

No Certificate of Occupancy shall be issued until the Township Engineer certifies that the driveway entrance or accessway has been completed in accordance with the terms of the permit issued pursuant to this section, and that the pavement on the street or streets abutting the property has been restored to the condition that existed prior to the start of construction.[2]

[2]

Editor's Note: Former Subsection J, regarding the Village Parking Trust Account, which immediately followed this subsection, was repealed 8-3-2021 by Ord. No. 2021-12.

§ 521 Performance Standards for All Uses.

[Ord. No. 1992-1 § 2; Ord. No. 1997-16 §§ 34 — 44; Ord. No. 2002-3 § 2; Ord. No. 2002-35 § 2]

Air Quality.

All development in the Township shall be designed and carried out so that the quality of air will be protected and maintained and all development in the Pinelands Area shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq. Adherence to the standards of this section shall be determined by means of an air quality simulation model approved by the New Jersey Department of Environmental Protection pursuant to N.J.S.A. 7:27-18.3.

Any application for a proposed development that will generate substantial vehicular traffic or space heating emissions, including development involving 100 or more dwelling units or more than 300 parking spaces, shall include, in addition to the submission requirements of § 800, the following information relative to the impact of the proposed development on air quality:

A summary of ambient air quality in the vicinity of the facility, expressed in terms of levels of sulfur dioxide, particulates and carbon monoxide concentrations, compared with all applicable ambient air quality standards. This data may be obtained from on-site monitoring or, upon approval of the New Jersey Department of Environmental Protection, Division of Environmental Quality, from the nearest New Jersey State monitoring site.

An analysis of the use of all existing and proposed access roads, including:

Current traffic volume, in vehicles per hour, for peak hours, for peak eight-hour periods and for an average day.

Traffic capacity, in vehicles per hour, calculated pursuant to the procedures set out in the Highway Manual 1965, Highway Research Board Special Report 87 and NAS-NRC Publication 1328.

An estimate of traffic volumes to be generated by the proposed development, in vehicles per hour, for peak hours and peak eight-hour periods at the time of completion of construction and 10 years after completion.

A description of parking facilities including:

Locations.

Number of parking spaces.

Number of parking levels.

Whether the parking area is to be open or covered.

An analysis of emissions from space heating, including:

Type and amount of fuel used and pollution emission factors used to calculate emissions.

The emission rates of sulfur dioxide, particulates, carbon monoxide, hydrocarbons and oxides of nitrogen in tons per day averaged over the five-month heating season.

An analysis of motor vehicle emissions to be generated by the proposed development and, where appropriate, by growth induced by the proposed development based on annual average daily traffic and space heating emissions expressed as tons per day of carbon monoxide, hydrocarbons, nitrogen oxide, sulfur dioxide and particulates. The latest data available from the United States Environmental Protection Agency's Publication AP-42, Compilation of Air Pollution Emission Factors, is to be used to calculate emissions if more definitive information is not available.

An analysis of the effect of carbon monoxide emissions on air quality, including anticipated carbon monoxide concentrations compared with ambient air quality standards and with concentrations in the absence of the proposed development at places of maximum concentration and at critical locations, including monitoring sites and sensitive receptors such as hospitals, schools, nursing homes, residences and playgrounds. This analysis should be prepared pursuant to the procedures established in the United States Environmental Protection Agency's publications Guidelines for Air Quality, Maintenance, Planning and Analysis, Volume 9: Evaluating Indirect Sources, Publication No. EPA-450/4-750-001 OAQPS No. 1.2-028, or equivalent procedure.

An analysis of the availability of public transportation and, for housing projects, the accessibility, including distance, safety and convenience of route, by automobile and by other modes of transportation of the following facilities:

Medical, including professional offices and hospitals.

Recreational.

Educational.

Commercial, including personal shopping.

Places of employment.

A description of measures taken in planning the proposed development which are intended to reduce vehicle miles travelled, including but not limited to those measures described in the United States Environmental Protection Agency's publication Guidelines for Air Quality Maintenance, Planning and Analysis, Volume 3: Control Strategies (Chapter II, § E) Publication No. EPA-450/4-74-003 (OAPQS No. 1.2-002) and in § 108(f)(i)(A) of the Clean Air Act Amendment of 1977, 42 U.S.C. Subsection 741.O.

A description of measures taken in planning the proposed development which are intended to reduce emissions from the completed development in accordance with the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. Applicable standards for dust control are available in the New Jersey Department of Agriculture's publication Standards for Soil Erosion and Sediment Control in New Jersey.

Information evidencing compliance with the provisions of the New Jersey Administrative Code, Title 7, Chapter 27 (New Jersey Air Pollution Control Regulations), and 45 F.R. 52676 through 52748 (8-7-80) (Environmental Protection Agency Regulations for Prevention of Significant Deterioration).

No smoke shall be emitted from any chimney or other source visible gray greater than No. 1 on the Ringelmann smoke chart as published by the U. S. Bureau of Mines. Smoke of a shade not darker than No. 2 on the Ringelmann Chart may be emitted for not more than four minutes in any 30 minute time period. These provisions, applicable to visible gray smoke, also shall apply to visible smoke of a different color, but with an equivalent apparent opacity.

No emission of dust, dirt, fly ash, fumes, vapors and gases shall be made which can cause any damage to health, animals or vegetation or other forms of property or which can cause any noticeable soiling at any point. No emission of liquid or solid particles from any chimney, etc., shall exceed 0.3 grains per cubic foot of the covering gas at any point. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air.

Applications for the following developments shall ensure that all state ambient air quality standards in N.J.A.C. 7:27 et seq. for carbon monoxide shall not be exceeded at places of maximum concentration and at sensitive receptors:

Residential development of 50 or more units and any other development involving more than 100 parking spaces located in the RS-1, RS-2, RGD-1, RGD-2, PPE, GC, RC, GMS, PI, RHO, VRD, HVC, HVR, HC-1, HC-2 or RHC Districts; and

Residential development of 100 or more units and any other development involving more than 300 parking spaces located in the PD, FD, APA or SAPA Districts.

Drainage. No storm water or natural drainage which originates on the property or water generated by the activity (e.g., air conditioners, swimming pools, etc.) shall be diverted across property lines unless transported in an approved or existing drainage system.

Electronic Equipment.

Electronic equipment, including all devices for transferring and receiving electronic signals, shall be shielded so that there is no interference with any radio or television reception beyond the operator's property or dwelling unit as a result of the operation of such equipment.

All electric or electronic devices shall be subject to the provisions of Public Law 90-602, 90th Congress, HR 10790, dated October 18, 1968, entitled "An Act for the Protection of Public Health and Safety from the Dangers of Electronic Product Radiation" and the BOCA Basic Building Code as adopted by the State of New Jersey.

Glare. No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered, and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining units, adjoining districts or streets.

Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which could cause the temperature to rise or fall in any body of water, except that this provision shall not apply to any sewerage treatment plant which has received approval by the State Department of Environmental Protection.

Noise. Noise levels shall be designated and operated in accordance with local regulations and those rules established by the New Jersey Department of Environmental Protection as they may be adopted and amended.

Odor. Odors shall not be discernible at the lot line or beyond. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail.

Storage and Waste Disposal.

In the nonresidential districts, no article or material shall be kept, stored, or displayed outside the confines of a building, except where permitted elsewhere in this ordinance, unless the same is so screened by a special buffer planting, berm arrangement or fence, or combination thereof, as approved by the Board, so that it is not visible from any adjacent property or public street. Any outdoor storage of flammable material, which is permitted and is properly screened, shall be at least 20 feet from any property line or the minimum required accessory building setback, whichever is greater.

Outdoor storage where permitted, is only permitted in the side and rear yards.

No materials or wastes shall be deposited upon a lot in such form or manner that they can be transferred off the lot, directly or indirectly, by natural forces such as precipitation, evaporation or wind, or where they can contaminate or render undesirable an underground aquifer, or where they will destroy aquatic life. All materials or wastes which might create a pollutant or a hazard shall be enclosed in appropriate containers to eliminate such possibility. No flammable, combustible or explosive substance shall be stored on a property except under conditions approved by the Fire Official or Fire Subcode Official in accordance with the New Jersey Uniform Fire Code.

All development plans shall provide for sufficient area for the storage of recyclable materials as follows:

Each application for residential development of 50 or more units of single-family or two-family housing or 25 or more units of multi-family housing must include provisions for the collection, disposition, and recycling of recyclable materials. A single-family unit or a unit within a multi-family dwelling should provide at least 12 square feet of floor area conveniently arranged and located as a holding area for a four week accumulation of materials. Such an area may be within a hidden laundry room, basement or garage.

Each application for a nonresidential use which utilizes 1,000 square feet or more of land must include provisions for the collection, disposition and recycling of recyclable materials. Each application shall quantify the amount of recyclable material it will generate as part of its weekly generation, including newspapers, leaves, white high-grade paper, glass bottles and jars, aluminum, corrugated cardboard, and tin and bimetal cans. The application shall provide a storage area to contain a week's accumulation of recyclable material.

The storage area for recyclable materials shall be designed for truck access for pick-up of materials and be suitably screened from view if located outside a building.

Toxic and Radioactive Substances. There shall be no toxic or radioactive substances associated with any use.

Ventilation. No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back from all property lines at least 10 feet or equipped with baffles to deflect the discharged air away from the adjacent use. Air conditioners and vents on rooftops shall be screened from view.

Vibration. There shall be no vibration which is discernible to the human senses or which is at low or high frequencies capable of causing discomfort or damage to life or property.

Waste Management.

No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the Pinelands Area. The land application of waste or waste derived materials is prohibited in the Pinelands Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Pinelands Area in accordance with the standards set forth in N.J.A.C. 7:50-6.

Nothing herein shall be construed to prevent the fertilization of plants, vegetation and other agricultural activity for agricultural purposes.

Water Quality.

General Water Quality Standards.

All development shall be designed and carried out so that the quality of surface and ground water will be protected and maintained. Agricultural use shall not be considered development for purposes of this Subsection.

Except as specifically permitted and authorized in this ordinance, no development shall be permitted which degrades surface and groundwater quality or which establishes new point sources of pollution.

No development shall be permitted which does not meet the minimum water quality and potable water standards of the State of New Jersey or the United States.

Minimum Standards for Point and Nonpoint Source Discharges.

The following point and nonpoint sources in addition to approved sewage treatment plants are permitted in the Township on all lands outside the jurisdiction of the Pinelands Comprehensive Management Plan: on-site conventional individual septic wastewater treatment systems or on-site alternative and innovative technology wastewater disposal systems may be utilized, provided that the same meet the standards of Chapter 118 of the Code of the Township of Medford, entitled "Sewage Disposal Systems, Individual."

The following point and nonpoint sources may be developed and operated on all lands, within the jurisdiction of the Pinelands Comprehensive Management Plan:

Development of new or expansion of existing commercial, industrial and wastewater treatment facilities, or the development of new or the expansion of existing non-point sources, except those specifically regulated in Subsections (2) through (5) below and in § 521.M.5, provided that:

There will be no direct discharge into any surface water body.

All discharges from the facility or use are of a quality and quantity such that groundwater exiting from the parcel of land or entering a surface body of water will not exceed two parts per million nitrate/nitrogen.

All public wastewater treatment facilities are designed to accept and treat septage.

All storage facilities, including ponds or lagoons, are lined to prevent leakage into ground water.

Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection 521.M.2.b(1)(b) above, provided that:

There will be no direct discharge into any surface water body.

The facility is designed only to accommodate wastewater from existing residential, commercial and industrial development.

Adherence to Subsection 521.M.2.b(1)(b) above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees.

The design level of nitrate/nitrogen attenuation is the maximum possible within the cost limitations imposed by such user fee guidelines, but in no case shall ground water exiting from the parcel or entering surface body of water exceed five parts per million nitrate/nitrogen.

Improvements to existing commercial, industrial and wastewater treatment facilities which discharge directly into surface waters, provided that:

There is no practical alternative available that would adhere to the standards of Subsection 521.M.2.b(1)(a) above.

There is no increase in the existing approved capacity of the facility.

All discharges from the facility into surface waters are such that the nitrate/nitrogen levels of the surface waters at the discharge point do not exceed two parts per million. In the event that nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceed two parts per million, the discharge shall not exceed two parts per million nitrate/nitrogen.

Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste water, provided that:

The proposed development to be served by the system is otherwise permitted pursuant to this ordinance.

The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection (c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to §§ 602.O or 607;

Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;

The depth to seasonal high water table is at least five feet.

Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;

The system will be maintained and inspected in accordance with the requirements of N.J.A.C. 7:50-6.85 and N.J.A.C. 7:9A, as applicable.

The technology has been approved for use by the New Jersey Department of Environmental Protection; and

Flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that number of employees may not be utilized in calculating flow values for office uses.

Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:

The standards set forth in Subsections (4)(a) and (c) through (h) above are met;

If the proposed development is nonresidential, it is located:

[Amended 10-16-2018 by Ord. No. 2018-21]

In a Pinelands Regional Growth Area; or

In the Pinelands Rural Development Area, Agricultural Production Area, or Forest Area, subject to the standards of N.J.A.C. 7:50-6.84(a)5iii(2).

The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems are located will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection (4)(c) above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to §§ 602.O or 607.

Alternate design pilot program treatment systems shall be permitted, provided that:

[Amended 10-16-2018 by Ord. No. 2018-21]

The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of this ordinance;

The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems are located will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of subsection (6)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to §§ 602.O or 607;

The depth to seasonal high water table is at least five feet;

Any potable water well will be drilled and eased to a depth of at least 100 feet unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;

No more than 10 alternate design pilot program treatment systems utilizing the same technology shall be installed in the development of any parcel if those systems are each serving one single family dwelling;

Each system shall be equipped with automatic dialing capability to the manufacturer, or its agent, in the event of a mechanical malfunction;

Each system shall be designed and constructed so that samples of effluent leaving the alternate design pilot program septic system can be readily taken to confirm the performance of the technology;

(i)

The manufacturer or its agent shall provide to each owner an operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;

(j)

Each system shall be covered by a five-year warranty and a minimum five-year maintenance contract consistent with those approved pursuant to N.J.A.C. 7:50-10.22(a)2v that cannot be cancelled and is renewable and which includes a provision requiring that the manufacturer or its agent inspect the system at least once a year and undertake any maintenance or repairs determined to be necessary during any such inspection or as a result of observations made at any other time; and

(k)

The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in Subsection M.2.b(6)(i) above, and grants access, with reasonable notice, to the local board of health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system.

Individual Wastewater Treatment Facility and Petroleum Tank Maintenance.

The owner of every on-site septic wastewater treatment facility in the Pinelands shall, as soon as suitable septage disposal facility capacity is available, in accordance with the provisions of Ordinance 326 of the Solid Waste Management Act, N.J.S.A. 13:1E-I et seq., and § 201 of the Clean Water Act:

Have the facility inspected by a qualified technician at least once every three years.

Have the facility cleaned at least once every three years.

Once every three years submit to the Township in which the facility is located a sworn statement that the facility has been inspected, cleaned, and functional, setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.

The owners of commercial petroleum storage tanks shall comply with the requirements of P.L. 1986, c.102 N.J.S.A. 7:14B.

Test Borings. All determinations of the depth to seasonal high water table shall be based upon soil analyses considering soil morphology, mottling and gley and on a combination of actual test borings taken on the site. Although it is preferred that the soil borings be taken between February 1 and May 31 of the calendar year, borings may be taken at any time if sufficient mottling is present to determine the seasonal high water table. Soil borings shall be taken by a soils scientist or a licensed professional engineer who shall certify and seal the results thereof. The Township reserves the right to verify all test borings and soil tests, including requiring additional borings or the monitoring of existing borings with the Township or County Board of Health personnel present. The applicant shall be permitted to provide any additional information and/or data to verify the feasibility of any system to function without a deleterious effect upon or damage to water quality.

Surface water runoff. Surface water runoff is permitted on lands within the jurisdiction of the Pinelands Comprehensive Management Plan, provided that the requirements of § 509.B are met.

[Amended 3-21-2023 by Ord. No. 2023-5]

Cleaning Agents, Chemicals, Herbicides and Waste.

Use of the following substances is prohibited in the Township to the extent that such use will result in direct or indirect introduction of such substances to any surface or to ground or surface water or to any land:

Septic tank cleaners.

LIGHT REFLECTANCE VALUE (LRV)

Waste oil.

All storage facilities for deicing chemicals shall be lined to prevent leaking into the soil and shall be covered with an impermeable surface which shields the facility from precipitation.

No person shall apply any herbicide to any road or public utility right-of-way within the Township unless necessary to protect an adjacent agricultural activity.

Stream and Lake Sampling. All applicants for development on lakes and streams shall submit, at the time of submission, lake and stream samples, including but not limited to temperature; dissolved oxygen; pH; alkalinity; benthic algal; nitrate/nitrogen; nitrogen; total Kjeldahl; chloride; invertebrate collection; phosphorus; and fecal coliform count.

These tests shall be submitted at the time of preliminary submission to the Township and, when located in the Pinelands Area, to the Pinelands Commission.

Tests shall be prepared by a qualified testing laboratory.

Tests shall be taken at the intersection of any tract boundary and the inflowing streams and at the outfall points where the watercourse leaves the tract.

If the development is approved, a second set of tests shall be taken by the developer, at the discretion of the Board, upon the acceptance of the improvements or at a time decided by the Board but not more than two years beyond the acceptance of the improvements. All results and comparisons shall be given to the Township Engineer for review.

Transfer of Water.

Interbasin transfer of water between watersheds in the Pinelands should be avoided to the maximum extent practical. In areas served by central sewers, watersaving devices such as watersaving toilets, showers and sink faucets shall be installed in all new development.

Water shall not be exported from the Pinelands except as otherwise provided in N.J.S.A. 58:1 A-7.1.

§ 522 Principal Uses and Buildings Permitted Per Lot.

[Ord. No. 1992-1 § 2; amended by Ord. No. 1993-17; 12-5-2011 by Ord. 201-15]

Unless otherwise specified in this ordinance, no more than one principal dwelling or building shall be permitted on one lot, except that the "Easttown Planned Development," the "Senior Citizen Planned Development," shopping centers, industrial and office complexes, two-family dwellings, multi-family complexes and condominium and townhouse developments receiving site plan approval may be permitted to have more than one building on a lot, provided that the structures are sited to comply with the setback and yard provisions of this ordinance. Moreover, no more than one principal use shall be permitted on one lot, except as otherwise permitted in this ordinance and, in the Pinelands Area, except for forestry, agriculture, horticulture, fish and wildlife management, wetlands management and, on agricultural lands, recreation development.

§ 523 Public Utility Services.

[Ord. No. 1992-1 § 2]

Connections. All public utility services shall be connected to an approved public utilities system where one exists. The developer shall arrange with the servicing utility for the underground installation of the distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff, as the same are on file with the New Jersey State Board of Public Utility Commissioners; provided, however, that lots not part of a new major subdivision or site plan which abut existing streets where overhead electric, CATV or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric, CATV and telephone service from these overhead lines, but any new service connections from the utilities' overhead lines shall be installed underground. In cases where extension or replacement of service is needed to existing or new buildings in established subdivisions or developments, the present method of service may be continued. In the case of existing overhead utilities, however, should a road widening or an extension of service or such other condition occur as a result of the development which necessitate the replacement or relocation of such utilities, the developer shall cause the replacement or relocation to be underground.

Easements. Easements along property lines or elsewhere for utility installation may be required. Such easements shall be at least 20 feet wide and located in consultation with the companies or Township departments concerned and, to the fullest extent possible, shall be centered on or adjacent to lot lines. Utility easements along street rights-of-way lines shall be a minimum of 10 feet in width.

Construction. All construction shall be in accordance with the "Standard Construction and Detail Sheets," as promulgated by the Township Engineer and adopted by the Township in accordance with law. No plantings will be permitted along public right-of-way or within utility easements where such plantings will contact utility lines or wires or where plantings will require routine maintenance to prevent contact with utility wires.

§ 524 Sanitary Sewers and Septic Systems.

[Ord. No. 1992-1 § 2]

Sewers. On lands within the existing or proposed sewer service area as indicated in the Medford Township Wastewater Facility Plan and where a public wastewater treatment plant and collection system is accessible to a property proposed for development, or where such facilities are to be constructed as a condition of approval of any application for development, the developer shall construct such wastewater treatment facilities and/or sanitary sewer lines and building connections in accordance with the Medford Township Wastewater Facilities Plan and New Jersey Department of Environmental Protection permit requirements and in such a manner as to make adequate sewage treatment available to each lot and building within the development.

Septic Systems. Where the soil characteristics of the subject land are of such quality to permit the use of subsurface sewage disposal systems as a means of sewage disposal, the same may be approved in the absence of accessibility to a public wastewater treatment plant or the construction of such treatment facilities by the developer.

Dry Sewer Lines. In the event of approval of the use of individual subsurface disposal systems on lands located within the existing or proposed sewer service area according to the Medford Township Wastewater Facilities Plan, the Planning Board or the Zoning Board of Adjustment, as the case may be, additionally may require the installation of sewer lines, which must include connections to each building, for future use when public sewage treatment facilities are provided to serve the realty improvements to be constructed in the development. Until such time that the dry sewer lines are made operational and public sewage treatment facilities are provided to the site, the density provisions specified within § 400 of this ordinance for development with septic systems shall prevail.

Construction Of Dry Sewer Lines. The end fitting of all dry sanitary sewer building connection lines shall have a "tamper proof" plug or cap, temporarily sealed with a material that can be removed to utilize the fitting when the system is to be activated. The Plumbing Subcode Official or the Plumbing Inspector shall affix an adhesive backed disc on the cap or plug bearing a preprinted message and instructions related to tampering and future use, that will be sufficient to alert and warn the original and subsequent occupants of the building. The capping and plugging shall be performed by the developer at his expense.

Additional Standards.

All sanitary sewer lines shall be air and mandrel tested. Additionally, all lines shall be televised, if needed, at the direction of the Township Engineer, and a videotape of the lines shall be provided to the Township Engineer immediately prior to the activation of the sewer lines or acceptance of the streets, whichever occurs earlier.

It is the developer's responsibility to expand any on-tract public sanitary sewers to the limits of the tract boundary line to service future development and to conform to the Township's Master Plan and Wastewater Facilities Plan. Moreover, it is the developer's responsibility to maintain all sanitary sewer improvements for partially completed developments.

See § 507 of this ordinance for additional standards.

§ 525 Service Stations and Repair Garages.

[Ord. No. 1992-1 § 2]

The following provisions shall apply to service stations and repair garages as defined in § 203 of this ordinance:

All pits, lifts and working areas shall be within an enclosed building. All lubrication, repair or similar activities shall be performed in an enclosed building; however, minor repair work may be performed at an island or pump location. All storage areas and trash facilities shall be enclosed with a fence or similar permanent structure and shall be screened from public view. Nothing herein shall be deemed to prohibit temporary road service on an inoperative motor vehicle.

All structures, gasoline pumps and islands upon which pumps are normally located shall be set back from all street and property lines at least 40 feet, except that canopy structures may be located as close as 25 feet to a street line. A minimum of 25 feet shall exist between any two islands and between any island and the service station, auto repair or auto body building.

It is intended that service stations and repair garages be designed compatibly with other permitted commercial and industrial uses in the district in which they are located and that they may be located within shopping centers and industrial complexes as an integral part of the overall design. Ingress and egress shall recognize the internal circulation needs and all turning movements to be generated. The access points shall be coordinated with the access point required for the nearby uses and nearby intersecting side streets to minimize left turns off collector and arterial streets and to maintain building setbacks and landscaping.

The exterior display and parking of equipment for rental purposes shall be permitted, provided that the area devoted to this purpose does not exceed 20% of the lot area, the maximum permitted sign area is not exceeded, and the location of the rental area does not interfere with the required off-street parking and traffic circulation required for the use.

Floor drains shall not be connected to the sanitary sewer system or to an individual on-site septic system. Provisions shall be made for the separation of grease from any disposal to the public sanitary sewer system. All disposal of floor-drain waste, grease, oil and the like shall be in accordance with the appropriate state, county and local regulations.

No automobile or motor vehicle which is unregistered or any motor vehicle, whether registered or not, that is in a junked, inoperable or other condition such that it is unfit for use on any public highway, shall be stored on the premises of any service station or repair garage for a period in excess of 90 days. All such vehicles stored overnight on the premises outside the main building shall be screened from public view by a fence or other permanent structure or a landscaped buffer approved by the Planning Board or Zoning Board of Adjustment, as the case may be, in accordance with the landscaping standards specified in § 516 of this ordinance.

In addition to the signs otherwise permitted service stations and repair garages specified in § 400 of this ordinance for the subject district, service stations and repair garages offering the sale of gasoline and other fuel products may:

Increase the size of the otherwise permitted freestanding sign by 1/3 for the listing of the names) and/or symbol(s) of the principal fuel(s) available, or in the alternative, an attachment to the freestanding sign is permitted, listing the principal fuel(s) available, said attachment not to exceed 1/3 of the area of the base sign.

Have an attachment to the freestanding sign up to 1/2 of the base area for the display of price information.

§ 526 Signs.

[Ord. No. 1992-1 § 2; amended by Ord. No. 1997-16 §§ 45-46; Ord. No. 2001-29 § 4; 3-5-2013 by Ord. No. 2013-1]

The purpose of this section is to promote and protect the public health, safety, and welfare by creating a more-visible, yet attractive, residential, commercial, and industrial climate within all areas of the municipality.

This section of the Land Development Ordinance is intended to create a more-attractive business-friendly climate. This section seeks to enhance and protect the physical appearance of all areas by reducing the obstructions and hazards to pedestrian and auto traffic caused by indiscriminate placement and use of signs. The section is intended to consolidate multiple ordinances governing all areas of the community, including the Pinelands Area located south of Route 70. The purpose is to create consolidation and a sign vernacular throughout the community of Medford.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ABANDONED SIGN

A sign not used for its original intent or a sign on a vacant, unoccupied or abandoned property.

BANNER OR PENNANT SIGN

A sign intended to be hung either with or without frames, possessing characters, letters, illustrations, or ornamentation applied to paper, plastic, or fabric of any kind. National flags, flags of political subdivisions, and symbolic flags not conveying a commercial message shall not be considered pennant signs or banners for the purpose of this section.

BEACON LIGHTS

A light, consisting of one or more beams, which is capable of being directed in any direction or directions or revolved automatically.

The LRV indicates the amount of visible light that a color will reflect. In theory, true black has an LRV of 0% and absorbs all light; and conversely, true white has a high reflectance value of 100% and reflects all light. All color samples have an LRV, such as paint chips contain the LRV on the back of the chip.

ROOFLINE

The point of intersection between a sloped roof and a perimeter wall of the structure or the eave. Where roofs are flat, the uppermost point of a facade or parapet is the roofline.

SIGN

Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images.

SIGN, ANIMATED, INFLATABLE OR MOVING

Any sign or part of a sign which changes physical position by any movement or rotation or which gives the visual illusion of motion or rotation. These signs include devices motivated by environmental change, such as wind; mechanically activated or expanded, such as electric power, air or gas; electrically animated, such as electronic; flashing, such as a repetitive cycle of illumination and nonillumination; and patterned illusory movement, such as alternating or sequential illumination. Changeable-copy signs are not defined as animated or moving signs.

SIGN, AWNING

A sign mounted to, painted on, or attached flat against the surface or surfaces of an awning.

SIGN, BENCH

A sign painted on, mounted on or attached to any part of the surface of a bench, seat, or chair placed on or adjacent to a public place or roadway.

SIGN, BILLBOARD (aka OFF-PREMISES SIGN)

A sign which contains a commercial message and which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located. When the product or service advertised is incidental to the principal activity and when the sign brings compensation to the owner of the sign, the sign shall be considered an off-premises sign used for the purpose of outdoor advertising.

SIGN, BUS SHELTER

A sign affixed to the surface of a bus shelter, which contains a message and which directs attention to a cause, agency, business, commodity, public information, service or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.

SIGN, CANOPY

A sign that is mounted to, painted on, or attached flat against the surfaces of a canopy that is otherwise permitted.

SIGN, CHANGEABLE-COPY

A sign designed so that characters, letters, or illustrations can be changed or rearranged without altering the face of or the surface of the sign by either manual or electronic means.

SIGN, COMMUNITY INFORMATION

A sign which contains messages of schools, civic groups, places of worship, veterans' groups or a similar use which is operated not for profit and local special events, which directs attention to a place of worship, nonprofit, facility, event, club, or organization.

SIGN, CONSTRUCTION

A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of architects, engineers, landscape architects, contractors, or similar artisans, and the owners, financial supporters, sponsors, and similar individuals, or firms having a role or interest with respect to the structure or project.

SIGN, CONTRACTOR

A sign located on site which advertises the trade name or business name of any mechanic, contractor, or artisan performing work on the premises where the sign is placed.

SIGN, DEVELOPER

A sign located on site or off premises identifying or directing traffic to a particular site or development.

SIGN, DIRECTIONAL AND INFORMATIONAL

Signs limited to directional messages for public service, principally for pedestrian or vehicular traffic, such as "restroom," "one-way," "entrance," and "exit." Window signs, such as those that indicate hours of operation, credit card acceptance, and business affiliations, are considered as informational signs.

SIGN, ELECTION

Any sign erected for the purpose of endorsing political candidate(s) for elected office in any national, state or local election or advocating a recommendation with respect to a public referendum question on an election ballot.

SIGN, FACADE OR FASCIA

See "sign, wall."

SIGN FACE

The area or display surface used to convey the message.

SIGN, FREE EXPRESSION

Any sign announcing, publicizing or communicating an opinion, principle, movement, political viewpoint or any other noncommercial message.

SIGN, FREESTANDING

Any immovable sign supported by columns, posts, poles, footings, or braces placed in or upon the ground and not affixed to a building.

SIGN, HOLIDAY DECORATION

Temporary signs, in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local, or religious holiday or observance.

SIGN, HOME OCCUPATION

A sign containing the name, trademark, trade name, logo, and/or occupation or profession of a permitted home occupation as defined in § 203 and conditionally permitted in § 602.F.

SIGN, IDENTIFICATION

A sign giving the nature, logo, trademark or other identifying symbol; address; or any combination of the name, symbol and address, of a building, business, development, or establishment on the premises where it is located.

SIGN, ILLUMINATED

A sign lighted by or exposed to artificial lighting, either by lights projecting through the surface(s) (internally illuminated) of the sign or reflected off the front or rear surface(s) (externally illuminated or reverse-channel backlit letters) of the sign.

SIGN, MEMORIAL OR NAMEPLATE

Memorial signs or tablets, name(s) of building(s) and date of erection when cut into any masonry surface, integral to the construction of a building, or when constructed of bronze or other incombustible material mounted on the face of a building, bench or other structure.

SIGN, MOBILE

Any sign designed to be transported, including signs transported or mounted on a trailer or wheels that do not contain any interior volume for storage or transportation.

SIGN, MONUMENT (aka GROUND or PEDESTAL)

A type of freestanding sign in contact with a base or monument, which appears to be in contact with the ground, utilizing plant or constructed materials or actual ground contact to achieve this effect.

SIGN, MULTIPLE-OCCUPANCY and TENANCY SIGN

On-premises sign(s) identifying professions, trade names, or tenants, occupants, or owners of multi-tenant commercial or industrial buildings or groups of buildings.

SIGN, NEIGHBORHOOD IDENTIFICATION

A sign located on premises or at a public entrance indentifying any type of residential development by name. No advertising for real estate agents, developers, contractors, builders, architects or other is permitted on neighborhood identification signs.

SIGN, NONCONFORMING

Any sign that does not conform to the regulations of this section.

SIGN, OFFICIAL

Any sign erected, constructed, or maintained by a government entity or agency for the purpose of informing or guiding the public.

SIGN, OFF-PREMISES

See "sign, billboard."

SIGN, POLITICAL OR PERSONAL OPINION

Any sign announcing or publicizing political candidates or issues in connection with any national, state or local election; any sign announcing or publicizing a topical principle or movement.

SIGN, PORTABLE

A sign not permanently attached to a building, building surface, structure or the ground.

SIGN, POST AND GIBBET

A sign suspended from a post and gibbet structure.

SIGN, PROJECTION

A sign that is wholly or partly dependent upon a building for support and which projects perpendicularly from the building face.

SIGN, PUBLIC UTILITY, TELECOMMUNICATIONS, OR ALTERNATIVE ENERGY

A sign located on a premises, structure or facility providing information, identification or warning for a public utility, telecommunications, or alternative energy use or location.

SIGN, REAL ESTATE

A sign pertaining to the sale, lease, or rental of the property or premises, or a portion of the property or premises, on which the sign is located.

SIGN, ROOF

A sign mounted on or above the roofline, as defined, of a building. This is a sign that projects above the top wall or edge of a building with a flat roof, above the eave line or roof line of a building with a gambrel, gable, or hip roof, or above the deckline of a building with a mansard roof.

SIGN, SPECIAL EVENT

(See "sign, temporary.")

SIGN, SUSPENDED

Any sign hanging down from a marquee, awning, canopy, porch, or roof overhang that would exist without the sign.

SIGN, TEMPORARY

A sign constructed of paper, cloth, canvas, plastic, plywood, or other lightweight material intended to display either commercial or noncommercial messages of a transitory or temporary nature.

SIGN, TIME-AND-TEMPERATURE

Any sign or portion of a sign located on premises, displaying the time and/or temperature.

SIGN, TRAILER

A sign designed to be transported and affixed either temporarily or permanently on any registered trailer typically used in the course of business for deliveries and transport of services, goods, persons, or materials.

SIGN, VEHICLE

A sign affixed or painted on a vehicle or trailer.

SIGN, WALL

A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign.

SIGN, WARNING

A sign making an announcement or admonition such as but not limited to "beware of dog," "private property," "no trespassing," "no hunting," or advising the public of the use of chemicals, herbicides or pesticides.

SIGN, WINDOW

A sign applied to or attached to the exterior or interior of a window. Window signs are visible from outside the building and are placed with the sole intent to attract customers from outside.

Substitution Clause and Content Neutrality.

Notwithstanding anything contained in this section to the contrary, any sign erected pursuant to the provisions of this section with a commercial message may, at the option of the owner, contain a noncommercial message unrelated to the business located on the premises where the sign is erected. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from a commercial to a noncommercial message or from one noncommercial message to another as frequently as desired by the owner of the sign, provided that the sign is not a prohibited sign or sign type, and provided that the size, height, setback and other dimensional criteria contained in this section have been satisfied.

Notwithstanding anything in this section to the contrary, no sign or sign structure shall be subject to any limitation upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure.

Applicability.

All signs within the Township of Medford shall be subject to the provisions of this section.

No sign shall be placed on, or attached to, a building, or erected independently, for any purpose other than to advertise a permitted business or use conducted on the same premises unless specifically permitted herein.

Exempt signs requiring notification to the Administrative Officer include the following:

Community information signs;

Temporary banner, grand opening and sales event signs; and

Temporary window signs.

Jurisdictional permits may be required from the following agencies, including but not limited to the County of Burlington, New Jersey Department of Transportation, New Jersey Department of Environmental Protection and the New Jersey Pinelands Commission.

Approvals and/or Permit Required.

Each application for development shall include a sign plan showing a description of the message, trademark, symbol, or insignia and the specific design, location, size, dimensions, colors, materials, height above ground, construction, and illumination of proposed signs in accordance with the following regulations.

An application for an illuminated sign must include a lighting fixture catalogue cut or manufacturer's product description sheet with isolux or lumens specifications and mounting information. It shall indicate the lighting intensity (lumens) that would be generated by any lighting devices shining onto the sign and the rest of the property and neighboring properties and the lumens that would be projecting from any illuminated signs as part of the sign plan. (This information is part of the manufacturer's data sheet.) Externally illuminated signs consisting of three or fewer one-hundred-watt incandescent light bulbs, compact fluorescent lights or LEDs or similar of comparable wattage shall be exempt from submitting a lumens plan.

Any sign hereafter erected in Medford, which is exposed to public view, shall conform to the provisions of this section and any other ordinance or regulation of Medford and the county, state or federal government relating to the erection and maintenance of signs. In the event of conflicting regulations, the most-restrictive regulation shall prevail.

Existing Signs in the Pinelands Area.

Existing lawful off-site commercial advertising signs, in existence as of January 14, 1981, shall be permitted in the Pinelands, except in the ROD-2, RS-2, FD, PD, APA and SAPA Districts and in those portions of the CC and PPE Districts located outside the Regional Growth Area.

Any existing sign which does not conform to the provisions of § 526.L or 526.M shall not be permitted to continue beyond December 5, 1996.

No existing sign shall be enlarged, rebuilt, structurally altered, or relocated except in accordance with the provisions of this section. Furthermore, the failure to issue a permit for any sign shall not relieve the owner or lessee of the premises from the duty of safely maintaining any such structures.

All development applications shall include all signs to be approved by the Planning Board or Zoning Board of Adjustment.

In applications where only sign modification is sought and no other site modifications are proposed, any sign exceeding the maximum area, height, or otherwise not in conformance with the requirements of this section shall require application and approval for minor site plan with waiver(s).

No sign, other than exempt signs, shall be erected without first obtaining a sign permit from the Zoning Office.

Application Requirements. An applicant for a permit to erect a sign shall submit the following information to the Administrative Officer:

Applicant's name and address.

Owner's name and address if the applicant is not the owner.

Block and lot number of the property on which the sign is to be erected.

Sketch or survey, drawn to scale or dimensioned, of the property showing the location of the proposed sign if freestanding and/or sketch or drawing of the building face showing the sign.

A plan, drawn to scale or dimensioned, including a description of the sign, including size, height, location, type of illumination, types of materials, colors, and construction material. If the sign is to be lighted either internally or externally, details of the proposed lighting shall be supplied (see above § 526.F.2).

Permit Fee. The fee for a sign permit shall be as set forth in § 900 of this ordinance and shall be submitted with the application.

Action on Application.

The Administrative Officer shall review each application to determine whether the proposed sign meets the requirements of this section.

If the proposed sign is found to meet section requirements, the permit shall be issued. If the permit is denied, the reasons for denial shall be set forth in writing. The Administrative Officer may refer any sign permit application to the Planning Board for advice and comment. All permit applications shall be acted upon within 10 days after submission, or within 10 days after the first Planning Board meeting following a referral thereto, as the case may be.

General Provisions.

No sign other than street, traffic or similar official signs shall be erected within or project over the right-of-way of any public street, sidewalk, or public promenade, except as permitted by the governing body, or as expressly permitted herein.

Street signs shall be in conformance with the New Jersey Department of Transportation Standards and the Manual on Uniform Traffic Control Devices for Streets and Highways, latest edition. The location of street signs shall be determined by the Township Engineer and shall not create visual obstruction.

No sign shall be placed on any property without the consent of the property owner.

No sign shall be attached to utility poles, public structures, trees, stumps, fence posts, other signs or sign posts, but shall be freestanding or attached to buildings in accordance with this section, except as otherwise provided herein for warning signs, as defined.

In order to protect the public health and safety, signs shall be placed so that there is no visual clutter, conflict or interference with traffic signs or sight triangles.

Exempt Signs. The following signs shall be permitted in any zone without prior approvals, subject to restrictions contained in Subsection J.14 below:

One temporary real estate sign per street frontage advertising the sale, lease, or rent of the premises upon which the sign is located shall not exceed the following limitations by use and zone:

All residential, agricultural and preservation districts (GMN, GMS, RGD-1, RGD-2, RS-1, RS-2, AR, FD, PD, HM, RC, CC, HVC, HVR, VRD, RHO, APA, SAPA, GMN-AR) and residential uses located in Medford, including the Pinelands and Medford Village, and the commercial and industrial uses in the HVC and RHO Districts, which sign shall not exceed six square feet.

Commercial and industrial uses in the HC-1, HC-2, HM, CC, PI, RHC, and RC Zone Districts, which sign shall not exceed 16 square feet.

The signs shall be mounted so that the top of the sign is no more than six feet above the ground. "For sale" and "sold" signs shall be removed within 30 days of the completion of the business being advertised.

Temporary directional real estate signs shall not exceed four square feet and may be temporarily erected to advertise an "open house," provided such signs are erected for a period not to exceed 48 consecutive hours in three consecutive days, and provided they are immediately removed following the event they advertise.

One temporary construction sign of architects, engineers, real estate agencies, and/or corporations on the lot(s) to which it relates. The content of such sign shall consist of an architectural or engineering plan or rendering, contact names and phone numbers and other details of the project for marketing purposes. Said signs shall not exceed three feet high by four feet wide or 12 square feet. In addition, said signs must be removed within seven days of the issuance of the final construction department certificate of occupancy of the project to which the sign relates. It must be mounted so that the top of the sign is no more than 48 inches above the ground, supported by four-inch by four-inch posts. The sign shall not be located in any sight triangle and shall be located behind the street line by a minimum of five feet.

One temporary contractor sign per contractor shall be permitted only during the period when the mechanic, contractor, or artisan is actively performing work on the lands or premises where the sign is placed. The sign shall not exceed three square feet in area, and the top of the sign shall not be more than three feet above the ground. The sign shall not be located in any sight triangle and shall be located behind the street line by a minimum of five feet.

Decorations for a recognized federal or state holiday or observance or seasonal display, provided that they do not create a traffic or fire hazard.

Official municipal, county, state or federal governmental signs.

Official off-tract signs for places of worship or fraternal organizations, setting forth the location, meeting place, and meeting hours of the place of worship or fraternal organization.

Election signs, as defined, shall be permitted throughout the municipality. Election signs shall be permitted 30 days prior to any municipal, county, state or national election or referendum and shall be removed within seven days after the event they advertise. Election signs shall not exceed 16 square feet and shall not be attached to trees or utility poles. The signs shall be mounted so that the top of the sign is no more than six feet above the ground and five feet away from right-of-way lines.

Free expression signs, as defined, shall be permitted throughout the municipality. Free expression signs shall not exceed 16 square feet and shall not be attached to trees or utility poles. The signs shall be mounted so that the top of the sign is no more than six feet above the ground and five feet away from right-of-way lines.

Signs denoting the name and address of the occupants of the premises that do not exceed two square feet in area. Suggested minimum alpha-numeric heights shall be at least three inches and shall not exceed a maximum of 12 inches.

Memorial or nameplate signs when they do not exceed three square feet.

Flags of the United States of America, the state, county, or municipality, foreign nations, and any other flag adopted and sanctioned by an elected legislative body or competent jurisdiction, provided that such flag shall not exceed 25 square feet and shall not be flown from a pole that exceeds the maximum height permitted in the zone district in which it is located. Flags shall be higher than seven feet from the sidewalk elevation or other public way or walk or adjacent grade, whichever is less. These flags may be illuminated. Other flags shall be considered freestanding signs and shall be governed by such regulations that may apply in the zoning district in which such flag is located. Flying of flags shall comply with applicable state and federal law.

The following signs will be permitted in any public, quasi-public, commercial, or industrial districts without prior approvals:

Change in the copy of a window, changeable-copy or time-and-temperature sign, or any permitted sign conforming to this section, once a permit for the sign has been issued. These messages on these signs must remain stationary for at least six seconds and shall not blink or oscillate.

Four times per year, temporary banner, grand opening and sales event signs, which shall be no larger than 20 square feet in area and shall not be illuminated, provided that the sign is not placed more than seven days prior to the event and is removed within three days following the event. All such signs shall be submitted to the Zoning Officer in the form of a notification seven days prior to their erection for the purposes of calculating the passage of time. These signs may be window signs, banner signs or other types of similar temporary signs mounted on the facade or building and must be at least seven feet high above the sidewalk elevation and no higher than the bottom of the second-story windows, the parapet, or cornice of the building, whichever is lowest.

One portable swinger, A-frame, or sandwich sign per business occupant, that can be no larger than six square feet when utilized, to advertise daily specials, special events, courses or classes, restaurant menu specials, designating "open" status, and the like, provided the sign is only displayed when the establishment is open for business and is not located more than 12 feet from any building face. Under no circumstances can these signs impede pedestrian flow or be displayed when the enterprise is not open.

Restaurant menu, when displayed in a glass case affixed to the exterior building wall for that purpose, or when displayed on a signboard located in close proximity to the restaurant entrance located on private property. The area of the signboard or display case shall not exceed the menu size by more than 30%. Under no circumstances can these signs impede pedestrian flow. The overall area of the sign shall not be greater than three square feet.

In addition to permanent window signs that are permitted herein, four times per year, temporary window signs shall not exceed 20% of the total storefront window area, and shall be promptly removed upon termination of the sale or event, and shall not be displayed for longer than 30 days. All such signs shall be submitted to the Zoning Officer in the form of a notification seven days prior to their erection for the purposes of calculating the passage of time.

Directional and informational window signs, including hours of operation, credit card acceptance, and business affiliations, are considered informational signs and are not included in the maximum permitted permanent window sign area. These signs shall be legible from adjacent drive aisles and walkways.

Public utility, telecommunications, and alternative energy signs.

Seasonal, decorative, or one "open" (only when open for business hours) flag.

Community event signs. (See § 526.P.)

Signs less than 30 inches in height may be placed at the property line but shall be outside the right-of-way. Signs over 30 inches in height shall be set back five linear feet from all property lines.

[Amended 3-17-2020 by Ord. No. 2020-6]

One internally illuminated "open" sign may be provided per business. Said sign must be not greater than two square feet in area and may only be illuminated when the business is open. "Open" signs must be placed in windows located on the first floor; they may not flash, move or be animated or change in any way. Compliant "open" signs do not count toward the sign area maximums in the zone.

[Added 3-17-2020 by Ord. No. 2020-6]

General Sign Design Guidelines. These guidelines are formulated to provide guidance to the board of competent jurisdiction, owners of businesses, and professional designers and experts. They are not rules, and they are not required. The below is simply a primer on general sign legibility where providing helpful orientation, reducing distraction, and providing important navigational information are important to economic development.

Consistency. All signs should have a consistent sign design for the premises. The design theme would include style of lettering, construction, material, type of pole or standard (wood or metal), masonry, size and lighting. Signs should be a subordinate rather than a predominate feature.

Appearance. Sign(s) and/or their structures should be compatible with their surroundings. Signs for businesses in a common building, shopping, office, or industrial center should be compatible with each other using shape, logos, type, mounting style, or mounting hardware as well as consistent sign placement promoting intuitive visual cues. Signs that relate to and complement their surroundings will capture the attention of a pedestrian or motorist better than a poorly designed one, which may give a negative impression of the business and the community as a whole.

Materials. Durable, quality materials will ensure that a sign will look attractive, reduce maintenance costs, and last longer. Sign materials and finished textures should complement the building materials. Permanent signs should be made of wood, high-density foam simulating wood, medium-density overlay, finished plastic, Lexan® or similar and finished plywood, mixed metals, brass, copper, or bronze. Generally, signs made of inferior-grade unfinished wood and plastic are inappropriate and discouraged. Matte cotton and mixed fabrics are recommended for awning signs. Plastic and Lexan® materials are recommended for internally illuminated signs, not awnings.

Placement. Many buildings have spaces that are specifically designed for signs, such as the area below the second-floor windowsill or on a building or sign fascia. Signs should be integrated with the building without obscuring important architectural details or storefront windows. Signs should be mounted so as to minimize damage to historic materials. Sign supports should be finished with architectural details to complement the sign, such as ornamental metal supports and routed wood or composite posts and edges to provide detail and relief. Window and door signs should avoid cluttering and blocking views. This will help increase customer interest and business visibility, viability, and safety. Freestanding signs shall be placed so as to appear most visible to vehicular traffic. Window signs, suspended signs, and projecting signs shall be placed so as to appear most visible to pedestrian traffic.

Letter Heights and Font Style. Lettering and character typefaces should match the scale of the building and size of the sign. Consideration of the adjacent roadway speed limits and whether pedestrians are in the area is a practical way to determine appropriate letter sizing. Where possible, commercial messages applying to the trading entity in words or symbols should be legible from sidewalks and streets and a minimum of four inches high. Taglines and mottos are not required to be legible from sidewalks and streets.

Color. Colors influence a sign's legibility, character, and general appearance. The colors should be compatible with the style and color scheme of the building and its neighbors. Color schemes should be kept simple. Signs with a strong color contrast are more legible, such as and only for example a 70% contrast between letters and logos and background or field. Those signs providing a dark background or field with lighter lettering reduce glare and nuisance and provide enhanced readability. Because storefront windows often appear dark, window signs should be completed in light-colored paint or gold leaf.

Lighter colors have a higher light reflectance value (LRV), as defined, and the LRV of light colors for sign text should generally not be less than 45. The lighter color minimum must be set at 45 because two very dark colors could theoretically have a high contrast and meet the 70%. The darker background color should be a lower number (below 45). In order to determine the contrast, subtract the lower LRV from the higher LRV. Divide the answer by the higher number. Convert to a percentage.

Example:

Light color LRV = 50

Dark color LRV = 15

50-15=35, then 35/50=0.70 (70%)

Lighting. Decorative light fixtures, such as gooseneck, hooded, historic reproduction, and alcove fixtures, are encouraged that are complementary to the design of the building, sign, or site. Backlit signs with channel-set letters are encouraged. Signs should be evenly lit with no isolated bright or dark spots. No substantial light or glare may be directed or reflected onto adjacent streets or properties. Internally illuminated signs should use energy-conserving lights, such as compact fluorescent and LED, to the extent feasible, and lettering should be channel-set. Illumination affects letter height and legibility.

Energy Conservation. The energy efficiency of lighting and electrical power is recommended to be considered for all sign designs and constructions. Lights (except for security lighting) should be set on timers to reduce glare and conserve energy when businesses are not open.

Minimum Universal Requirements.

All height limitations shall be measured from the average surrounding grade to the top or bottom of the sign, as is specified, or its supporting structure.

Where any sign such as projecting, suspended, flag, or banner is located over a walkway, sidewalk, pedestrianway, or other public area, the bottom of the sign such as projecting, suspended, flag, or banner shall be at least seven feet above the grade level of the pedestrian area.

Signs shall be located outside of sight triangles wherever practicable. If signs must be placed in the sight triangle, they shall not obstruct the area between 30 inches and 120 inches above the center-line grade of the street or driveway and shall not be erected in any public rights-of-way.

Freestanding signs shall be set back a minimum of 10 feet from side lot lines. Except as otherwise permitted, freestanding signs shall be set back a minimum of five feet from all public rights-of-way.

Internally illuminated and backlit signs shall be arranged to reflect the light and glare away from adjoining lots and streets to prevent glare or blinding effects upon motor vehicle or pedestrian traffic and so as not to cause a nuisance to residential properties in the area. All exterior lighted signs shall be shielded or have translucent fixtures to prevent glare. The external light source shall be focused down when the initial output exceeds 200 lumens, not upwards towards the sky.

In no instance shall the lighting intensity of any sign exceed 20 footcandles when measured with a standard light meter perpendicular to the face of the sign from a distance measured one foot from the face of the sign.

Attached wall signs shall be affixed parallel to the wall to which they are attached, and the face of the sign shall project no more than eight inches from the surface of the wall, building or structure.

Wall signs shall not project beyond the roof or sides of the building, except as provided herein.

Projecting signs may not project more than six feet from the exterior wall of the building.

A suspended sign may not extend farther away from the exterior wall of the building than the structure from which it is supported. In no case shall the suspended sign be greater than six feet from the exterior wall of the building.

Sign Area and Sign Placement.

Computation Methodology.

Internally Illuminated Signs, Including Incandescent, Compact Fluorescent, LED, Gas Tubing, Neon, or Any Other Form of Lighting Projecting From the Surface. The area of signs shall be expressed/measured as the area of the smallest geometric shape capable of encompassing the entire perimeter of the letters, numbers, symbols, graphics or frame.

Nonilluminated, Externally Illuminated or Backlit Reverse-Channel Letter Signs. Where signs consist of individual letters, numbers, symbols or other graphics, the sign area shall be expressed/measured as the sum of the individual areas of the smallest geometric shapes capable of encompassing the perimeters of the individual elements comprising the sign. There is an increased size bonus for utilizing these types of signs.

Double-Faced Signs. The sign area as computed above in Subsection M.1 or M.2 shall be expressed/measured as only one side, provided all faces are identical in size and the signs are back to back. Where signs are not identical in size and the signs are not back to back, the sign area shall be expressed/measured for each side.

Sign Placement.

Wall Signs. Wall signs shall be placed in the "signable facade area." This is a rectangular, continuous area on the wall of a building, which extends from the top line of windows and doors on the first floor, and the bottom line of the second-floor windows, roof, parapet, or cornice above, in an area that is uninterrupted by windows, architectural details, or openings.

A roof-mounted sign violating the standards of "signable facade area" above if the owner or applicant can demonstrate that there is no other location on the building where the wall sign can be located.

Prohibited Signs.

No sign of any type shall be permitted to obstruct driving vision, pedestrian or vehicular traffic, traffic signals, traffic directional and identification signs, walkways, entrances, exits, fire escapes, doorways, other places of business, forty-eight-inch-wide sidewalks, or other signs or windows of the building on which they are located, or in any way affect the safety of the public. The Township of Medford is authorized to remove any such sign at the expense of the permittee or owner of the property upon which it is located or person or entity responsible for erecting the sign.

Billboard or Off-Premises Signs. In order to promote traffic safety and aesthetics, the Township of Medford hereby prohibits all billboard and/or off-premises signs located within the municipality.

Commercial vehicles, mobile signs or trailers displaying signage shall not be utilized as signage on any lot. Commercial vehicles or trailers utilized for deliveries, service or other specified commercial and industrial uses may be parked in the front yard of commercial and industrial uses in commercial and industrial zones.

Additional prohibited signs include but are not limited to:

Abandoned signs;

Animated, inflatable or moving signs;

Beacon lights;

Bench signs;

Bus shelter signs;

Mobile signs;

Neon or gas tubing attached to facades and rooflines or surrounding window frames to accentuate architectural elements;

Pennant signs;

Signs using red, yellow, and green lights which mimic the operation of any traffic control signal;

Signs using words such as "stop," "look," and "danger," which are placed to constitute a traffic hazard or interfere with the free flow of traffic;

Signs attached, affixed or painted on trees, fences, rocks, curbs, walks, hydrants, or bridges, except exempt signs;

Roof signs or signs mounted on the roof, except as provided herein;

Signs painted directly onto buildings, except on historic buildings or districts;

Building-mounted strings of light (not including holiday lighting and decorations);

Internally illuminated plastic, Lexan® or vinyl awning and canopy signs;

Internally illuminated projecting and suspended signs, except as provided herein;

Signs which present lewd language or graphic sexual depictions; and

Cardboard, plastic, placards and temporary signs affixed to windows, doors, bollards, poles, sign supports or other permanent or temporary fixtures or objects, except as otherwise specified.

Developer Signs.

Applicability: All Zoning Districts. One on-site temporary developer sign for projects that have received final site plan or subdivision approval from the board of jurisdiction shall be permitted. The sign shall identify the project and shall be shown on the final site plan or subdivision map. The sign area shall not exceed 20 square feet, and the sign height shall not exceed eight feet above the adjacent ground level. The sign shall be located outside of sight triangles and shall be located behind the street line by a minimum of five feet. Once construction is completed, prior to the release of sureties, or when the project is dormant for over three months, the on-site temporary sign shall be removed.

Applicability: All Zoning Districts Located Outside of the Pinelands Area and the Historic Commercial or Residential Districts. Off-premises developer signs directing traffic to a development site, sales office, model homes or similar development shall require a change of use application or site plan exemption and approval by the Planning Board pursuant the Medford Township Land Use Code. Prior to submission of the application, the applicant shall obtain outside agency approvals or a letter of no interest from a jurisdictional agency such as the New Jersey Department of Transportation, County of Burlington, Pinelands Commission, or Department of Environmental Protection. Developer signs located along a street with two lanes shall not exceed four square feet in area, and the sign height shall not exceed five feet in height measured from the adjacent ground level. The sign shall be located outside of sight triangles and shall be located behind the street line by a minimum of five feet.

Public and Quasi-Public Uses.

Community Event Signs. Community event signs sponsored by a school, civic organization, club, municipality, place of worship, veterans' organization, or similar group shall be permitted and are exempt from obtaining a permit when in compliance with the standards found below. However, all such signs shall be submitted to the Zoning Officer in the form of a notification seven days prior to their erection, for the purposes of calculating the passage of time.

Wall-mounted community event signs shall not obstruct windows, doors or other building openings and shall be no larger than two feet by 10 feet.

Temporary ground-mounted community event signs shall be no larger than four feet by four feet. Those signs exceeding 30 inches in height to the top of the sign shall be set back at least 10 feet, and signs not exceeding 30 inches in height to the top of the sign shall be set back three feet from any street or property line. Temporary ground-mounted signs are only permitted to be erected within 14 days prior to the event and must be removed within three days after the event.

Community event signs shall be constructed of durable, weatherproof materials and have suitably designed copy and graphics. The municipality reserves the right to reject signs which are incongruous or pose a health and safety hazard or are otherwise prohibited by this section.

Notwithstanding the provisions of this section, community event signs may provide advertising for any business, organization or use, such as a sponsorship role, when such advertising is deemed to be in furtherance of the public good, health, safety and/or general welfare.

Where a civic building, school, public park, club, lodge, place of worship or similar has one entrance located on one public street, the site shall have not more than three signs not to exceed a total of 32 square feet displayed on the property. Where the site has two entrances located on two separate public streets, the use shall not have more than four signs not to exceed a total of 48 square feet displayed on the premises. Suggested sign types include, but are not limited to, wall signs, freestanding signs, and changeable-copy signs.

Changeable-copy signs are permitted to be up to 40% of the total sign area permitted on the site. Changeable-copy signs are not permitted to flash or oscillate, and messages are required to remain stationary for at least six seconds. Yellow copy is strictly prohibited.

All Residential, Agricultural and Preservation Districts (GMN, GMS, RGD-1, RGD-2, RS-1, RS-2, AR, FD, PD, HM, RC, CC, HVC, HVR, VRD, RHO, APA, SAPA, GMN-AR) and Residential and Agricultural Uses Located in Medford, Including the Pinelands and Medford Village.

Neighborhood identification signs, as defined, shall be permitted at each public entrance.

Signs shall not exceed 20 square feet in area.

Where existing signs are located in any sight triangle and require replacement, the sign, the foundation and any decorative features shall not exceed 30 inches in height.

Where neighborhood identification signs are proposed or newly installed, the signs shall be set back a minimum of five feet or outside the sight triangles from any public right-of-way or driveway, whichever is greater. These signs shall be a maximum of six feet in height.

Exempt signs shall be permitted.

A permitted or approved agricultural use located outside of commercial zones, such as a farm stand, horse, husbandry or other farm, may have the following signs:

One identification sign not to exceed six square feet in area and not higher than five feet above surrounding grade level. The sign shall not extend beyond a vertical plane three linear feet from all property lines displayed on the property. Suggested sign types include post and gibbet signs.

Home occupations, as defined (see § 203 and § 602), shall be permitted one home occupation sign, as defined, up to four square feet and pursuant to § 602.F.2.b. Permitted sign types include either a projecting or post and gibbet sign. It is suggested that where a permitted building housing a home occupation is located within six feet of the front lot line or the street line, one projecting sign may be used in lieu of post and gibbet signs noted above. The projecting sign shall be permitted to be located between an imaginary line drawn perpendicular to the top of any first- or ground-floor windows and/or doors and the top of the floor of the second floor.

No signs, as defined, that alter the residential character of the premises shall be permitted in any residential district.

Commercial and Industrial Uses in the HC-1, HC-2, and HM Zone Districts.

Each site, pad site, shopping center, mixed-use center, industrial park, or office complex is permitted to provide freestanding sign(s) at a rate of 0.5 square foot per linear foot of street frontage up to 400 linear feet and 0.25 square foot per linear foot of street frontage thereafter. Such signs shall be perpendicular to each public right-of-way the site, center, park, or complex fronts upon. No single sign shall exceed 120 square feet in area. These signs may include the name of the site, park, or center, names and logos of tenants, owners, or leaseholders, and may include up to 20% of their total area to be changeable copy.

Changeable-copy signs are not permitted to flash or oscillate, and messages are required to remain stationary for at least six seconds. Yellow copy is strictly prohibited.

Each individual site or use or tenant within a shopping center, mixed-use center, industrial park or office complex is permitted to provide 12% of the wall surface area of the wall on which the sign is attached, or one building facade, as defined, and shall include at least one of the following:

Parallel to the building face and/or public rights-of-way, such as:

Wall or window sign; or

Awning or canopy sign; and

Each individual site or use or tenant within a shopping center, mixed-use center, industrial park or office complex is permitted to provide 4% of the wall surface area of the wall on which the sign is attached, but in no case greater than 12 square feet or one building facade, as defined, and shall include at least one of the following:

Perpendicular to the building face primarily pedestrian-oriented signs such as;

Projecting sign or suspended sign;

And may provide the following:

Exempt signs.

Directional and/or informational sign.

Portable sign or temporary sign.

Signs.

Freestanding, including multiple-occupancy and tenant, signs shall be located a minimum of five feet away from front property lines, 10 feet from side property lines, and outside of any sight triangles.

Freestanding signs, including multiple-occupancy tenant signs, shall be mounted so that the bottom of the sign is at least 18 inches above ground level.

The top of freestanding signs shall be no higher than 12 feet above ground level.

All signs, including freestanding, wall, window, canopy, projecting and suspended, are permitted to be illuminated, such as internally, externally, or backlit reverse-channel letters.

Canopy signs and not entire canopy structures are permitted to be translucent, constructed of Lexan®, vinyl, plastic, or similar, and allow light to penetrate.

Awning signs shall be permitted as above on the awning, providing the maximum letter height does not exceed 18 inches. Matte cotton and mixed fabric awnings are required to be opaque and can be internally or externally illuminated. Awnings are permitted to encroach upon pedestrianways up to six feet; and the bottom of the awning shall be located seven feet above the surrounding adjacent grade level.

Etched or painted permanent window signs shall be permitted in storefront windows of any retail or commercial business, providing it does not exceed 33% of the window area of the building facade.

Changeable-copy signs are permitted for gasoline service stations to provide fuel pricing information.

Directory signs shall be permitted in relation to each building, provided the directory is no more than six square feet in area and six feet in height. The sign shall not be located in the front yard setback. These signs shall not be used for advertising purposes.

Directional Signs. Directional signage shall be permitted on mixed-use, shopping center, industrial park, and office complex sites where necessary to safely and effectively convey persons to their intended destinations. The number of directional signs shall be limited to the number necessary to achieve this goal. The signs shall not be used for advertising purposes and may be internally illuminated. If they are used for advertising purposes, they are considered as part of the total square footage of sign permitted for the site. Directional signs shall not exceed 30 inches when located five feet or less from public rights-of-way. No directional sign may exceed six feet in height.

Neon, gas tubing signs or LED are permitted in lieu of painted or etched window signs and subject to the following conditions:

No neon, gas tubing or LED sign may revolve, flash, or display movement or the illusion of movement.

Neon, gas tubing, or LED signs can be installed in windows but shall not exceed 5% of the total window area. Area is calculated as for internally illuminated signs.

All neon or gas tubing signs are required to have an initial outlet of less than 200 lumens.

Commercial and Industrial Uses in the CC, PI, RHC and RC Zones Outside of the Historic Village Commercial (HVC) District.

Each site, pad site, shopping center, mixed-use center, industrial park, or office complex is permitted to provide freestanding sign(s) at a rate of 0.3 square foot per linear foot of building facade, as defined, up to 400 linear feet and 0.15 square foot per linear foot of building facade, as defined, thereafter. One freestanding sign per public street frontage is permitted, and such signs shall be perpendicular to each public right-of-way the site, pad site, center, park, or complex fronts upon. No single sign shall exceed 120 square feet in area. These signs may include the name of the site, park, or center and names and logos of tenants, owners, or leaseholders.

Each site or use or tenant within the shopping center, mixed-use center, industrial park or office complex shall be permitted 12% of the wall surface area of the wall on which the sign is attached or one building frontage facing one public right-of-way and shall include at least one of the following:

Parallel to the building face and public rights-of-way, such as:

Wall or window sign; or

Awning or canopy sign; and

Each site or use or tenant within the shopping center, mixed-use center, industrial park or office complex is permitted to provide 4% of the wall surface area of the wall on which the sign is attached or one building facade, as defined, to include one of the following:

Perpendicular to the building face, primarily pedestrian-oriented signs, such as

Projecting sign or suspended sign;

And may provide the following:

Exempt signs.

Directional and/or informational signs.

Portable sign or temporary sign.

Signs.

[Amended 3-17-2020 by Ord. No. 2020-6]

Freestanding, including multiple occupancy and tenant, signs shall be located a minimum of five feet away from front property lines, 10 feet from side property lines, and outside of any sight triangles.

Freestanding signs, including multiple occupancy and tenant signs, shall be mounted so that the bottom of the sign is at least 18 inches above ground level.

The top of freestanding signs for shopping centers, office complexes and mixed-use center, industrial park shall be no higher than 12 feet above ground level.

The top of freestanding signs for single-use on-premises signs shall be no higher than six feet above ground level.

For all properties in the PI Zone, and properties in the RC and CC Zoning Districts located along the Route 541 corridor, all signs, including freestanding, wall, window, canopy, projecting and suspended, are permitted to be illuminated, such as internally, externally, or backlit reverse channel letters. Internally illuminated and backlit signs are prohibited in the remaining RC and CC Zones and in the RHC Zones.

One etched or painted permanent window sign shall be permitted in one storefront window of any retail or commercial business, providing it does not exceed 33% of the window area.

Awning signs shall be permitted as above on the awning providing the maximum letter height does not exceed 18 inches. Matte cottol and mixed-fabric awnings are required to be opaque and can be internally or externally illuminated. Awnings are permitted to encroach upon pedestrian ways; however, the bottom of the awning shall be located seven feet above surrounding adjacent grade level.

Changeable copy signs are permitted for gasoline service stations to provide fuel pricing information, but may only be illuminated during business hours.

Canopy signs and not entire canopy structures are permitted to be translucent, constructed of Lexan, vinyl, plastic, or similar and allow light to penetrate.

Neon, gas tubing signs or LED are permitted in lieu of painted or etched window signs and subject to the following conditions:

No neon, gas tubing or LED sign may revolve, flash, or display movement or the illusion of movement.

Neon, gas tubing, or LED signs can be installed in windows but shall not exceed 5% of the total window area. Area is calculated as for internally illuminated signs.

All neon or gas tubing signs are required to have an initial outlet of less than 200 lumens.

Historic Village Commercial. The following sign standards shall apply to all properties where the principal use and zone are commercial in the HVC and RHO Zone Districts:

General Standards.

No more than four signs, each of a different type as characterized below, shall be permitted per use.

It is encouraged that trim and support colors and materials used for the sign should complement the background or the trim color or material of the structure it serves. When more than one sign is used per building or group of buildings, the colors, shapes or support structures of the signs should be coordinated with each other to present a unified image.

No fluorescent paint colors or neon signs shall be permitted.

All signs shall be externally illuminated or backlit reverse channel letters, except for "open" signs as permitted by Subsection J, Exempt Signs.

[Amended 3-17-2020 by Ord. No. 2020-6]

Each use may utilize one type of sign perpendicular to the right-of-way. Perpendicular signs are freestanding, suspended, and projecting signs.

Freestanding Sign. Freestanding signs shall be located in the front yard area.

Where there is a front yard space greater than or equal to 15 linear feet, one monument sign may be erected at a rate of 0.4 square foot per linear foot of street frontage but in no case shall exceed 16 square feet.

These signs shall be set back five feet from the front property line.

These signs shall not be greater than six feet in height.

Where there is a front yard space greater than or equal to six linear feet or less than 15 linear feet, one post and gibbet, pole, post, hanging or similar sign may be erected at a rate of 0.4 square foot per linear foot of street frontage a single use has on its portion of the building facing the public right-of-way, but in no case shall it exceed nine square feet per lot.

These signs shall be located behind the front property line. When these signs are located between the property line and three feet, no sign face shall be located between 30 inches and seven feet high.

These signs shall not be greater than 10 feet in height.

These signs are not permitted to overhang any pedestrianway.

Projecting or Suspended Sign.

Where there is a front yard space less than six linear feet, projecting or suspended signs may be erected at a rate of 0.4 square foot per linear foot of street frontage a single use has on its portion of the building facing the public right-of-way, but in no case shall it exceed nine square feet.

The sign shall be located so it does not block or obscure important architectural elements of the facade.

Not including the supporting frame or structure, the top of the sign shall be not more than 11 feet above the ground.

Including the supporting frame or structure, the bottom of the sign must be seven feet above the ground.

Each use may utilize one or two types of signs parallel to the right-of-way. Parallel signs are wall, window, or awning signs. The total area of all wall, window, or awning signs shall not exceed 12% of all the surface area of the wall on which the signs are attached.

Wall and/or Awning Sign.

Under no circumstances can any awning or canopy be translucent or let light through. Matte cotton and mixed fabrics are required to be opaque for awnings.

Awnings and canopies may extend a maximum of six feet from the exterior wall with the building.

Awnings and canopies may be lit on their face from above or backlit utilizing reflection interior to the awning or window it covers.

Window Sign.

Etched or painted permanent window signs shall be limited to 33% of the total glass area of the building front.

Seasonal, decorative, or one "open" flag when the business is open may be located seven feet above any sidewalk or pedestrianway.

Exempt signs as permitted.

Illuminated signs, including internally illuminated, LED illuminated, neon or gas tubing signs, are strictly prohibited, except for "open" signs as permitted in Subsection J, Exempt Signs.

[Amended 3-17-2020 by Ord. No. 2020-6]

Directory signs shall be permitted in relation to each building, provided the directory is no more than six square feet in area and four feet in height. The sign shall not be located in the front yard setback. These signs shall not be used for advertising purposes.

Directional Signs. Directional signage shall be permitted on mixed-use and office complex sites where necessary to safely and effectively convey persons to their intended destinations. The number of directional signs shall be limited to the number necessary to achieve this goal. The signs shall not be used for advertising purposes and may not be internally illuminated. If they are used for advertising purposes, they are considered as part of the total square footage of sign permitted for the site. Directional signs shall not exceed 30 inches when located five feet or less from public rights-of-way. No directional sign may exceed six feet in height.

Signs for Conditional Uses. Refer to § 602, entitled "Conditional Uses," for individual sign standards related strictly to conditional uses.

Signs for Nonconforming Uses.

All applications for nonconforming uses shall provide a complete sign application package pursuant § 526.E, F and G.

All proposed signs for nonconforming uses must comply with the standards established for home occupations.

Deviations from those standards shall be deemed variances, not waivers.

Nonconforming Signs.

Intent. It is the intent and purpose of this section that, as soon as legally possible, all existing signs not conforming to the provisions of this section be eliminated and brought into conformity with the provisions of this section.

Legal Nonconforming Signs. Any non-neon sign located within the Township of Medford which does not conform with the provisions of this section, but which did conform to the applicable laws and ordinance relating to signs at the time it was erected, shall be deemed a legal nonconforming sign and may continue in use until said sign loses its legal nonconforming status as defined below in Subsection X.3.

Loss of Legal Nonconforming Status.

A legal nonconforming sign shall immediately lose it legal nonconforming status if:

The sign is altered in any way in structure or size.

The sign is replaced.

Damage to the sign has occurred such that repair or restoration would exceed 1/3 of the replacement value as of the date of said damage.

Upon the happening of any one of the above events, the sign shall be immediately brought into compliance with this section with a new permit, in accordance with the provisions of this section, or shall be immediately removed.

Periodic maintenance, as required by Subsection X, shall not be considered an alteration resulting in the loss of the sign's legal nonconforming status.

Maintenance.

All signs shall be maintained in a safe, presentable and good structural condition at all times, including the replacement of defective parts or landscaping, painting, repainting, cleaning, and other acts required for the maintenance of said sign. The owner of any property on which a sign is located and those responsible for the maintenance of the sign shall be equally responsible for the condition of the area in the vicinity of the sign and shall be required to keep this area clean, sanitary, and free from noxious or offensive substances, rubbish, and flammable waste materials. If the sign is not made to comply with adequate safety standards, the Zoning Officer shall require its removal within 30 days.

The property owner shall be responsible for maintaining all signs erected on a tax lot. This maintenance shall include repainting, repairing and cleaning, as necessary. No sign shall be permitted to exhibit:

Excessive chipped or peeling paint or lettering;

Damaged or broken lettering or signboard;

Illegible material due to fading, obliteration, or other condition; or

Dirty, torn, broken, or otherwise damaged awning, canopy, projecting sign, or other sign support structure.

If the Zoning Officer determines that any sign is in a state of disrepair so as to no longer be reasonably capable of presenting its message, or abandoned or a danger to the public health or public safety, he shall give written notice of the condition of the sign to the owner of the sign and to the owner of record of the tax lot.

The property owner shall thereafter have 30 days to repair or remove said sign.

If said sign is not satisfactorily repaired or removed within the thirty-day period, the Zoning Officer may thereafter take such actions as are permitted pursuant to this section.

Abandonment. Abandoned signs and their supporting structures shall be removed within 30 days. The Township may thereafter take such actions as are permitted pursuant to this section.

Enforcement.

If the Zoning Officer shall find that any sign regulated herein is in violation of this section, the Zoning Officer shall give written notice to the owner thereof or to his/her attorney. If the owner fails to remove, alter or repair the sign within 30 days after such notice, the Zoning Officer may initiate further action as provided in this section in order to abate or remedy the violation.

Upon failing to comply with the violation notice from the Zoning Officer within the time specified, the Zoning Officer is authorized to cause the removal of the sign, and any expense incidental thereto shall be paid by the permittee or owner of the property upon which the sign is located.

AA.

Violations and Remedies.

Penalties. Any violation of any provision of this section shall be punishable, upon conviction, by a fine of not less than $50 and not to exceed $500. In addition to any fine imposed for a violation of this section, the sign shall be brought to conformity at the owner's sole expense. The following individuals shall be subject to potential punishment:

The owner, tenant or occupant of a building, premises, or part thereof where such a violation has been committed or does exist; and

Any agent, contractor, corporation or other person who commits, takes part or assists in the violation.

Each day a violation continues shall constitute a separate and distinct offense, punishable as such in accordance with the following:

A minimum penalty of $100 per day shall be imposed; and

Any person or entity who is convicted of violating any provision of this section within one year of the date of a previous violation of the same provision of this section, and who was fined for the previous violation, shall be sentenced by the municipal court to an additional fine as a repeat offender. The additional fine imposed by the court upon such person or entity for a repeat offense shall not be less than the minimum fine fixed for a violation of the section but shall be calculated separately and in addition to the fine imposed for the violation of this section.

The imposition of penalties herein shall not preclude the Township of Medford or any other person from instituting an action to prevent the unlawful construction, reconstruction, installation, alteration, repair, conversion or use of a sign, or to restrain, correct or abate a violation.

Injunctive and Other Relief. In addition to the foregoing, the Township of Medford may institute and maintain a civil action for injunctive or other relief as provided in the Municipal Land Use Law and other applicable laws.

§ 527 Site Clearing, Grading and Soil Protection.

[Ord. No. 1992-1 § 2; Ord. No. 1997-16 § 47]

Clearing Standards.

All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this ordinance;

Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:

Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated; and

Revegetate or landscape areas temporarily cleared or disturbed during development activities.

In areas other than the Pinelands Area of the Township, clearing shall be permitted only where necessary for the physical construction of roads, improvements and buildings and only in conformance with a detailed landscaping plan submitted by the applicant and approved by the Planning Board or Zoning Board of Adjustment, as the case may be.

Grading. No grading construction or regrading shall be permitted which creates or aggravates water stagnation or a drainage problem on adjacent properties. Grading shall be limited to areas shown on an approved plan.

Topsoil and Subsoil Protection.

No topsoil shall be removed from the site, except as provided herein. Topsoil moved during the course of construction shall be redistributed over the disturbed areas of the development and shall be stabilized by seeding or planting or another method shown on the approved plan.

Excess subsoil, when approved by the Township Engineer, may be transferred to another site within the Township, but only under the circumstances set forth herein may it be relocated outside the Township.

No grading construction or regrading shall be permitted which creates or aggravates water stagnation or drainage areas shown on the approved plan.

Excess subsoil may only be removed from the site or relocated outside the Township upon the Township Engineer's recommendation and Township Manager's approval.

§ 528 Streets, Sight Triangles, Curbs, Deceleration Lanes, Bikeways, Sidewalks and Telephone Poles.

[Ord. No. 1992-1 § 2; Ord. No. 1996-4 § 25; Ord. No. 1998-25 § 1; Ord. No. 2001-29 §§ 5 — 7]

Streets.

All developments shall be serviced by paved public streets. The arrangement of streets not shown on the Master Plan shall be such as to provide for appropriate extension of existing streets and should conform with the topography, as far as practicable, and allow for continued extension into adjoining undeveloped tracts.

When a new development adjoins land capable of being further developed, suitable provisions shall be made for optimum vehicular access of the remaining and/or adjoining tract to existing or proposed streets, including the possibility of a sketch of a feasible plan for vehicular access to the adjoining lands.

Local streets shall be so designed so as to discourage through traffic.

In all residential districts, development bounded by an arterial or collector street shall control access to said streets by having all driveways intersect minor streets.

In all developments, the minimum street right-of-way shall be measured from lot line to lot line, but in no case shall a new street that is a continuation of an existing street be continued at a width less than the existing street, although a greater width may be required in accordance with the "Standard Construction and Detail Sheets" of the Township. In addition, where any arterial or collector street intersects another arterial or collector street, the cartway requirement shall be increased by 10 feet on the right side of the street(s) approaching the intersection for a distance of 300 feet from the intersection of the center lines.

In the event that a development adjoins or includes existing Township streets that do not conform to the street width requirements of this ordinance, additional land along both sides of said street sufficient to conform to the right-of-way requirements shall be required in the development design. If the development is along one side only, at least 1/2 of the required extra width shall be required. Moreover, that a portion of the existing street or road adjoining or included within a development shall be improved, including excavation, grading, base and surface courses, in accordance with the road improvement standards of this ordinance.

Cul-de-sacs.

Cul-de-sacs of a permanent nature shall provide a turnaround at the end with a right-of-way radius equal to the street right-of-way (but in no case less than 70 feet, and a cartway radius of not less than 56 feet.

If a cul-de-sac is of a temporary nature, a similar turn around shall be provided, and provisions shall be made to either leave the turnaround in existence after the street is extended or to have the turnaround removed and to have the excess right-of-way revert to the adjoining properties when the street is extended.

Unless waived by the Board, a cul-de-sac shall not exceed 800 feet measured from the center line of the intersecting street to the center point of the turn around.

No street shall have a name which duplicates or so nearly duplicates in spelling or phonetic sound the name of an existing street within the Township or a nearby street of an adjacent municipality. The continuation of an existing street shall have the same name. The names of new streets must be approved by the approving authority.

Township streets shall be constructed in accordance with the "Standard Construction and Detail Sheets," as promulgated by the Township Engineer and adopted by the Township in accordance with law.

General Street Classifications.

State Highway: A street to provide the uninterrupted movement of motor vehicles. Under the jurisdiction of the State, it is designated for high-speed regional traffic movements.

Arterial: A street intended to carry large volumes of traffic at steady speeds with minimum interruptions to traffic flow, generally connecting with collector streets and major traffic generators within the area. The right of-way width shall be a minimum of 86 feet.

Collector: A street which forms the boundary of major blocks of land and is intended primarily for interneighborhood or intramunicipal traffic and is often a feeder road to commercial areas and the arterial street system. The right-of-way width shall be a minimum of 66 feet.

Primary Local: A street intended primarily for access to a large number of individual properties and not for through traffic. The right-of-way width shall be a minimum of 60 feet.

Secondary Local: A street intended primarily for access to individual properties and not for through traffic. The right-of-way width shall be a minimum of 50 feet.

Alley: A service way within a "Easttown Planned Development" only providing a secondary means of public access to abutting properties and not intended for general traffic circulation.

Specific Street Classifications and Rights-Of-Way.

Functional Classification			Right-Of-Way Width
a.	State Highway Route 70		Varying
b.	Arterial Roads
		Atsion Road	86'
		Branin (Peacock) Road	86'
		Chairville Road (South of Route 70)	86'
		County Route 616 (Church Road West of Route 70)	86'
		County Route 541 (Stokes Road)	86'
		County Route 541 (Mount Holly-Medford Road North of Route 70)	86'
		Eayrestown Road (South of New Freedom Road)	86'
		County Route 618 (Evesboro Road)	86'
		Hartford Road (North of Route 70)	86'
		County Route 544 (Tomlinson Mill Road)	86'
		County Route 620 (Tuckerton Road)	86'
c.	Collector Roads
	Major Collector Roads
		Ark Road	66'
		Branch Street	66'
		Breakneck Avenue (From Hopewell Road To Fairview Road)	66'
		Centennial Avenue (To Centennial Drive East)	66'
		Chairville Road (North of Route 70)	66'
		Chapel Avenue	66'
		Church Road (East of Route 541)	66'
		Dixontown Road	66'
		Eayrestown Road (North of New Freedom Road)	66'
		Fairview Road	66'
		Fairview-Chairville Road (Skeet Road)	66'
		Fostertown Road	66'
		Gottliebs Field Road	66'
		Gravelly-Hollow Road	66'
		Hartford Road (South of Route 70)	66'
		Hawkin Road	66'
		Himmelein Road	66'
		Hopewell Road	66'
		Jackson Road	66'
		Jones Road	66'
		Jennings Road	66'
		McKendimen Road	66'
		Main Street (County Route 541 From Route 70 to Mill Street)	66'
		Mill Street	66'
		New Freedom Road	66'
		Old Marlton Pike	66'
		Tabernacle Road	66'
		Taunton Boulevard (County Route 623)	66'
		Union Street	66'
		Wilkins Station Road	66'
	Minor Collector Roads
		Borton's Road (From Centennial West Drive to Gottliebs Field Road)	60'
		Brace Road	60'
		Centennial Drive East	60'
		Centennial Drive West	60'
		Christopher's Mill Road	60'
		High Point Drive	60'
		Midbridge Drive (From Gravely Hollow Road to Atsion Road)	60'
		Sandtown Road	60'
		Wilderness Drive (From Jackson Road to High Point Drive)	60'
d.	Primary Locals (As Needed On A Case-By-Case Basis)		56'
e.	Secondary Locals (All Others)		50'

Longitudinal grades on all local streets shall not exceed 10%, nor 6% on arterial and collector streets. No street shall have a longitudinal grade of less than 1/2 of 1%. Where streets with curb that have longitudinal grades less than 3/4 of 1%, monolithic curb and gutter shall be provided along these sections. Maximum grades within intersections shall be 3%.

Intersecting street center lines shall be as nearly as right angles as possible, and in no case shall they be less than 60° at the point of intersection. Approaches to all intersections shall follow the straight line for at least 100 feet measured from the curbline of the intersecting street to the beginning of the curve. Streets intersecting another street from opposite sides shall not be offset unless there is a minimum of 125 feet between the rights-of-way. Any development abutting an existing street which is classified as an arterial or collector street shall be permitted no more than one new street every 800 feet on the same side of the street within the boundaries of the tract being subdivided. In the spacing of streets, consideration will be given to the location of existing intersections on both sides of the development. Intersections shall be rounded at the curbline or edge of pavement with the street having the highest radius requirements, as outlined below, determining the maximum standard for all radii: arterials at 40 feet; collectors at 30 feet; and locals at 20 feet.

A tangent at least 200 feet long shall be introduced between reverse curves on arterial and collector streets. A tangent at least 100 feet long shall be introduced between reverse curves on local streets. A tangent of at least 100 feet shall be introduced between curves in the same direction for all streets. When connecting street lines deflect in any direction, they shall be connected by a curve with the radius conforming to standard engineering practice so that the minimum site distance within the curbline shall be adequate for the design speed of the road. Horizontal and vertical sight distance shall be as per standards given by "A Policy on Geometric Design of Streets and Highways" published by the American Association of State Highway and Transportation Officials, latest revision. The minimum radius for arterial and collector streets shall be based on a speed design of five miles per hour above the posted speed. The minimum radius for local streets shall be 100 feet.

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 a portion thereof, and providing minimum site 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 Township Engineer.

Occupancies within Township Road Rights-Of-Way.

Local Roads.

Cartway: Minimum 24 feet with two-way, one twelve-foot-wide lane in each direction.

Restrictions: Provide a minimum width of seven feet clear along each edge of the paved travel lanes. This space shall remain clear and unobstructed to enhance sight distance, to provide space for infrequent parking and to permit a recovery distance in the event the motorist leaves the roadway. Within this area no trees or bushes shall be planted, and no signs, fences, streetlights, drainage ditches, railroad ties, bollards or other items shall be installed which would adversely affect the usability of this shoulder area for parking. This area, from the edge of the homeowner's property line to the edge of the paved roadway, is the responsibility of the homeowner. If mailboxes are to be installed, the post shall be set approximately two feet from the edge of the pavement so that the front or street-side of this box is not more than 12 inches from the edge of the asphalt.

Collector Roads.

Cartway: Minimum 24 feet with two-way, one twelve-foot-wide lane in each direction.

Arterial Roads.

Cartway: Minimum 24 feet two-way, one twelve-foot-wide lane in each direction.

Shoulder: Provide a minimum paved width of eight feet clear along each edge of the travel lanes. Where curbing is to be installed, it shall be set 23 feet from the center line of the road. No parking shall be permitted. Trees, bushes, signs, fences, railroad ties, bollards and other items which adversely affect the capacity of the road shall be set back 24 feet from the center line.

Prior to any construction, other than clearing, a topographic check is to be performed by the developer along the calculated street alignment. The street profiles are then to be adjusted if necessary and submitted to the Township Engineer for review and approval.