A.
All construction shall be performed in accordance
with the details and specifications of the Township as described herein.
B.
The developer shall employ a New Jersey licensed professional
planner, engineer and/or architect to prepare appropriate and specifications
for site improvements and a licensed land surveyor of New Jersey to
make land surveys and subdivision maps.
C.
Construction of all required improvements shall be
inspected by the Township Engineer.
D.
Minor modifications or changes in the approved plans
and specifications may be affected only upon written approval of the
Planning Board Engineer, but some changes may require further review
and approval of the Planning Board and Pinelands Commission pursuant
to Section 4-309 of the New Jersey Pinelands Comprehensive Management
Plan.
E.
Any application for development shall demonstrate
conformance with design standards that will encourage sound development
patterns within the Township. Where either an Official Map and/or
Master Plan has been adopted, the development shall conform to the
proposals and conditions shown thereon. Proposed development shall
also conform to the standards and management programs of the New Jersey
Pinelands Comprehensive Management Plan as contained within this chapter.
In accordance with good design practices, extreme deviations from
rectangular lot shapes and straight lot lines shall not be allowed
unless made necessary by special topographical conditions or other
special conditions acceptable to the approving authority. All improvements
shall be installed and connected with existing facilities or installed
in required locations to enable future connections with approved systems
or contemplated systems and shall be adequate to handle all present
and probable future development.
F.
Whenever a development abuts or crosses a municipal
boundary, access to those lots within the Township shall be from within
the Township as the general rule. Wherever access to a development
is required across land in an adjoining community as the exception,
the approving authority may require documentation that such access
is legally established and that the access road is adequately improved.
G.
The proposed name of a development or street shall
not duplicate, or too closely approximate, the name of any other development
or street in the Township. The approving authority shall have final
authority to designate the name of the development or street.
[Amended 4-22-2003 by Ord. No. O-7-2003; 4-24-2007 by Ord. No. O-12-2007; 5-22-2017 by Ord. No. O:22-2017[1]]
A.
Any accessory
building attached to a principal building is part of the principal
building and shall adhere to the yard requirements prescribed as follows.
B.
Location.
An accessory building or structure may be errected in side and rear
areas only but never in front of the home when detached and shall
be set back from lot lines as prescribed below except that if erected
on a corner lot, the accessory building or structure shall be set
back from the side street to comply with the setback line applying
to the principal building for that side street.
C.
No business, service or industry shall be conducted within a private garage, except for lawfully permitted home occupations in accordance with § 175-111.
D.
Any accessory
buildings or structures shall be permitted on a lot associated with
a principal structure, building or use, except on qualified farmland.
The total combined square footage of any accessory building(s) or
structure(s) shall not exceed the square footage of the principal
building. All farmland structures shall adhere to the setback requirements
of this chapter.
[Amended 5-24-2021 by Ord. No. O:10-2021]
E.
Accessory
buildings or structures shall not be located in any required buffer
areas, easements or drainageways.
F.
A storage
shed shall be permitted as an accessory use in all zones, provided:
[Amended 5-24-2021 by Ord. No. O:10-2021]
(1)
Any
shed up to 300 square feet must be five feet from the side property
line and five feet from the rear property, excluding corner lots.
A shed is never permitted in front of the home.
(2)
Any
accessory storage building greater than 300 square feet shall be permitted
to have a maximum height of 22 feet from ground level to the peak
and is subject to compliance with setbacks of the zone for accessory
structures.
G.
Design
criteria:
(1)
Roof
shape. The roof shape of a garage or shed shall be visually compatible
with buildings and/or structures to which it is visually related.
(2)
Relationship
of materials, texture and color. The relationship of materials, textures
and color of the façade and roof of a garage or shed should
be visually compatible with the materials and structures to which
it is visually related.
(3)
Accessory
structures are not permitted in the front yard or in the front of
the home.
(4)
All living units are prohibited over or attached to garages except those garages attached to residential dwellings unless as an approved accessory dwelling unit permitted by § 175-157J(3)(a).
[Amended 5-24-2021 by Ord. No. O:10-2021]
H.
No construction
permit shall be issued for the construction of an accessory building
or structure prior to the issuance of a zoning and construction permit
for the construction of the principal building or structure upon the
same premises.
I.
Exception
to above: Within a non-subdivision parcel with a minimum of three
acres, an accessory building, i.e., pole barn, may be erected not
to exceed 2,500 square feet and no more than 24 feet high from the
finished first floor so long as said pole barn is not larger in square
feet than the principal use/structure. Said pole barn must meet all
setback requirements of the respective zone.
[Added 4-14-2020 by Ord. No. O:07-2020]
[1]
Editor’s Note: This ordinance received approval from
the Pinelands Commission 6-2-2017.
[Added 5-21-1990 by Ord. No. O-11-90; amended 2-5-1996 by Ord. No. O-01-96]
A.
Affordable housing obligation.
[Amended 5-28-2019 by Ord. No. O:14-2019[1]]
(1)
This section of the Township Code sets forth regulations regarding
the low- and moderate-income housing units in the Township consistent
with the "Substantive Rules of the New Jersey Council on Affordable
Housing," N.J.A.C. 5:93 et seq., the Uniform Housing Affordability
Controls ("UHAC"), N.J.A.C. 5:80-26.1 et seq., and the Township's
constitutional obligation to provide a fair share of affordable housing
for low- and moderate-income households. In addition, this section
applies requirements for very-low-income housing as established in
P.L.208.c.46.[2]
[2]
Editor's Note: See N.J.S.A. 52:27D-329.2.
(2)
This section is intended to assure that low- and moderate-income
units ("affordable units") are created with controls on affordability
over time and that low- and moderate-income households shall occupy
these units. This section shall apply except where inconsistent with
applicable law.
(3)
The Monroe Township Planning Board has adopted a Housing Element
and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A.
40:55D-1, et seq. The Plan has also been endorsed by the Township
Council of the Township of Monroe. The Fair Share Plan describes the
ways the Township shall address its fair share for low- and moderate-income
housing.
(4)
This section implements and incorporates the Housing Element
and Fair Share Plan and addresses the requirements of N.J.A.C. 5:93,
as may be amended and supplemented.
(5)
This section incorporates by reference the affordable housing
developments and their requirements as documented in the January 5,
2018 Settlement Agreement in the Matter of the Township of Monroe,
County of Gloucester, Docket No: L-930-15 and the Consent Agreement
between the Township of Monroe and Summerfields West, LLC.
(6)
All residential planned development under § 175-161C(3) Regional Growth Zoning Districts, Planned Residential Development, § 175-161.1, RG-RA Regional Growth Residential Age-Restricted District, and § 175-162.1, RA Residential Age-Restricted District shall provide affordable housing units in accordance with § 175-89.1 and shall provide 15% of the total units within a development as affordable units.
(7)
All mobile home parks shall provide affordable housing units in accordance with § 175-89.1 and shall provide 11.11% of the total units within a development as affordable units. All mobile homes parks shall be regulated under Chapter 289 and § 175-161C(6) and as referenced in the January 2018 Consent Agreement between the Township of Monroe and Summerfields West, LLC.
B.
ACCESSORY APARTMENT
ACT
ADAPTABLE
ADMINISTRATIVE AGENT
AFFIRMATIVE MARKETING
AFFORDABILITY AVERAGE
AFFORDABLE
AFFORDABLE DEVELOPMENT
AFFORDABLE HOUSING DEVELOPMENT
AFFORDABLE HOUSING PROGRAM(S)
AFFORDABLE UNIT
AGE-RESTRICTED UNIT
AGENCY
ASSISTED LIVING RESIDENCE
CERTIFIED HOUSEHOLD
COAH
DCA
DEFICIENT HOUSING UNIT
DEVELOPER
DEVELOPMENT
FAIR SHARE PLAN
HOUSING ELEMENT
INCLUSIONARY DEVELOPMENT
LOW-INCOME HOUSEHOLD
LOW-INCOME UNIT
MAJOR SYSTEM
MARKET-RATE UNITS
MEDIAN INCOME
MODERATE-INCOME HOUSEHOLD
MODERATE-INCOME UNIT
NONEXEMPT SALE
RANDOM SELECTION PROCESS
REGIONAL ASSET LIMIT
RENT
RESTRICTED UNIT
UHAC
VERY-LOW-INCOME HOUSEHOLD
VERY-LOW-INCOME UNIT
WEATHERIZATION
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
[Amended 5-28-2019 by Ord. No. O:14-2019]
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, or through the conversion of an
existing accessory structure on the same site, or by an addition to
an existing home or accessory building, or by the construction of
a new accessory structure on the same site.
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
The entity responsible for the administration of affordable
units in accordance with this section, N.J.A.C. 5:93 and N.J.A.C.
5:80-26.1 et seq.
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent within the means of a low- or moderate-income
household as defined in N.J.S.A. 52:27D-304; in the case of an ownership
unit, that the sales price for the unit conforms to the standards
set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented,
and, in the case of a rental unit, that the rent for the unit conforms
to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended
and supplemented.
A housing development all or a portion of which consists
of restricted units.
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable development.
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited
pursuant to N.J.A.C. 5:93-3, and/or funded through an affordable housing
trust fund.
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that all the residents of the development where the unit is situated
are 62 years or older; or at least 80% of the units are occupied by
one person that is 55 years or older; or the development has been
designated by the Secretary of the U.S. Department of Housing and
Urban Development as "housing for older persons" as defined in Section
807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).
A facility licensed by the New Jersey Department of Health
and Senior Services to provide apartment-style housing and congregate
dining and to assure that assisted living services are available when
needed for four or more adult persons unrelated to the proprietor
and that offers units containing, at a minimum, one unfurnished room,
a private bathroom, a kitchenette and a lockable door on the unit
entrance.
A household that has been certified by an administrative
agent as a low-income household or moderate-income household.
The Council on Affordable Housing, which is in, but not of,
the Department of Community Affairs of the State of New Jersey, that
was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301
et seq.).
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that
require the repair or replacement of a major system. A major system
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load bearing structural systems.
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
The plan that describes the mechanisms, strategies and the
funding sources, if any, by which the Township proposes to address
its affordable housing obligation as established in the Housing Element,
including the draft ordinances necessary to implement that plan, and
addresses the requirements of N.J.S.A. 52:27D-309 through 52:27D-314.
The portion of the Township's Master Plan, required by the
Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-28b(3) and the Act,
that includes the information required by N.J.A.C. 5:93-5.1(b) and
establishes the Township's fair share obligation.
A development containing both affordable units and market
rate units. This term includes, but is not necessarily limited to:
new construction, the conversion of a nonresidential structure to
residential and the creation of new affordable units through the reconstruction
of a vacant residential structure.
A household with a total gross annual household income equal
to 50% or less of the median household income.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building which
include but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement or load bearing structural systems.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
The median income by household size for the applicable county,
as adopted annually by COAH or a successor entity approved by the
Court.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income
household.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a Class A
beneficiary and the transfer of ownership by court order.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by COAH's adopted regional income limits published annually
by COAH, or other regional income limits that may be approved by the
Court. "Rehabilitation" means the repair, renovation, alteration or
reconstruction of any building or structure, pursuant to the Rehabilitation
Subcode, N.J.A.C. 5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted living residences, rent does
not include charges for food and services.
A dwelling unit, whether a rental unit or ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income.
A restricted unit that is affordable to a very-low-income
household.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for rehabilitation.
C.
New construction. The following requirements shall apply to all new
or planned developments that contain low- and moderate-income housing
units.
[Amended 5-28-2019 by Ord. No. O:14-2019]
(1)
Phasing. Final site plan or subdivision approval shall be contingent
upon the affordable housing development meeting the following phasing
schedule for low- and moderate-income units whether developed in a
single-phase development, or in a multiphase development:
|
Maximum Percentage of Market Rate Units Complete
|
Minimum Percentage of Low- and Moderate-Income Completed Unit
|
|---|---|
|
25%
|
0%
|
|
25% + 1
|
10%
|
|
50%
|
50%
|
|
75%
|
75%
|
|
90%
|
100%
|
(2)
Design. In inclusionary developments, to the extent possible,
low- and moderate-income units shall be integrated with the market
units.
(3)
Utilities and common elements. In inclusionary developments,
affordable units shall utilize the same type of heating source as
the market units within the development, and the occupants of the
affordable units shall have access to all of the same common elements
and facilities as the occupants of the market units within the development.
(4)
Low/moderate split and bedroom distribution of affordable housing
units:
(a)
Affordable units in a development shall be divided equally between
low- and moderate-income units, except that where there is an odd
number of affordable housing units, the extra unit shall be a low-income
unit.
(b)
In each affordable development, at least 50% of the restricted
units within each bedroom distribution shall be low-income units.
(5)
At least 13% of all affordable units shall be very-low-income
units (affordable to households earning 30% or less of median income).
The very-low-income units shall be counted as part of the required
number of low-income units within the development.
[Amended 8-30-2021 by Ord. No. O:17-2021]
(6)
Affordable developments that are not age-restricted shall be
structured in conjunction with realistic market demands such that:
(a)
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
(b)
At least 30% of all low- and moderate-income units shall be
two-bedroom units;
(c)
At least 20% of all low- and moderate-income units shall be
three-bedroom units; and
(d)
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
(7)
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
The standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
(8)
Accessibility requirements:
(a)
The first floor of all restricted townhouse dwelling units and
all restricted units in all other multistory buildings shall be subject
to the technical design standards of the Barrier Free Subcode, N.J.A.C.
5:23-7.
(b)
All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
[1]
An adaptable toilet and bathing facility on the
first floor;
[2]
An adaptable kitchen on the first floor;
[3]
An interior accessible route of travel on the first
floor;
[4]
An interior accessible route of travel shall not
be required between stories within an individual unit;
[5]
An adaptable room that can be used as a bedroom,
with a door or the casing for the installation of a door, on the first
floor; and
[6]
An accessible entranceway as set forth at P.L.
2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode,
N.J.A.C. 5:23-7, or evidence that the Township has collected funds
from the developer sufficient to make 10% of the adaptable entrances
in the development accessible:
[a]
Where a unit has been constructed with an adaptable
entrance, upon the request of a disabled person who is purchasing
or will reside in the dwelling unit, an accessible entrance shall
be installed.
[b]
To this end, the builder of restricted units shall
deposit funds within the Township of Monroe's affordable housing trust
fund sufficient to install accessible entrances in 10% of the affordable
units that have been constructed with adaptable entrances.
[c]
The funds deposited shall be used by the Township
for the sole purpose of making the adaptable entrance of any affordable
unit accessible when requested to do so by a person with a disability
who occupies or intends to occupy the unit and requires an accessible
entrance.
[d]
The developer of the restricted units shall submit
a design plan and cost estimate for the conversion from adaptable
to accessible entrances to the Construction Official of the Township
of Monroe.
[e]
Once the Construction Official has determined that
the design plan to convert the unit entrances from adaptable to accessible
meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7,
and that the cost estimate of such conversion is reasonable, payment
shall be made to the Township of Monroe's affordable housing trust
fund in care of the Chief Financial Officer who shall ensure that
the funds are deposited into the affordable housing trust fund and
appropriately earmarked.
[f]
Full compliance with the foregoing provisions shall
not be required where an entity can demonstrate that it is impracticable
to meet the requirements on the site. Determinations of site impracticability
shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
D.
Maximum rents and sales prices.
[Amended 5-28-2019 by Ord. No. O: 14-2019]
(1)
In establishing rents and sale prices of affordable housing
units, the administrative agent shall follow the procedure set forth
in UHAC, utilizing the most recently published regional weighted average
of uncapped Section 8 income limits published by HUD and the procedures
set forth in the May 5, 2018 Final Court Order approving the settlement
agreement with the Fair Share Housing Center.
(2)
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted low- and
moderate-income units shall be affordable to households earning no
more than 52% of median income.
(3)
The developers and/or municipal sponsors of restricted rental
units shall establish at least one rent for each bedroom type for
both low-income and moderate-income units.
(4)
At least 13% of all low- and moderate-income units shall be
affordable to households earning no more than 30% of median income.
[Amended 8-30-2021 by Ord. No. O:17-2021]
(5)
The maximum sales price of restricted ownership units within
each affordable development shall be affordable to households earning
no more than 70% of median income, and each affordable development
must achieve an affordability average of 55% for restricted ownership
units; in achieving this affordability average, moderate-income ownership
units must be available for at least three different prices for each
bedroom type, and low-income ownership units must be available for
at least two different prices for each bedroom type.
(6)
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units other
than assisted living facilities, the following standards shall be
met:
(a)
A studio or efficiency unit shall be affordable to a one-person
household;
(b)
A one-bedroom unit shall be affordable to a one-and-one-half-person
household;
(c)
A two-bedroom unit shall be affordable to a three-person household;
(d)
A three-bedroom unit shall be affordable to a four-and-one-half-person
household; and
(e)
A four-bedroom unit shall be affordable to a six-person household.
(7)
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units in
assisted living facilities, the following standards shall be met:
(8)
The initial purchase price for all restricted ownership units
shall be calculated so that the monthly carrying cost of the unit,
including principal and interest (based on a mortgage loan equal to
95% of the purchase price and the Federal Reserve H.15 rate of interest),
taxes, homeowner and private mortgage insurance and condominium or
homeowner association fees do not exceed 28% of the eligible monthly
income of the appropriate size household as determined under N.J.A.C.
5:80-26.4, as may be amended and supplemented; provided, however,
that the price shall be subject to the affordability average requirement
of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(9)
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
household size as determined under N.J.A.C. 5:80-26.4, as may be amended
and supplemented; provided, however, that the rent shall be subject
to the affordability average requirement of N.J.A.C. 5:80-26.3, as
may be amended and supplemented.
(10)
The price of owner-occupied low- and moderate-income units may
increase annually based on the percentage increase in the regional
median income limit for each housing region. In no event shall the
maximum resale price established by the administrative agent be lower
than the last recorded purchase price.
(11)
The rent of low- and moderate-income units may be increased
annually based on the permitted increase in the Housing Consumer Price
Index for the Northeast Urban Area. This increase shall not exceed
9% in any one year. Rents for units constructed pursuant to low-income
housing tax credit regulations shall be indexed pursuant to the regulations
governing low-income housing tax credits.
(12)
Tenant-paid utilities that are included in the utility allowance
shall be so stated in the lease and shall be consistent with the utility
allowance approved by DCA for its Section 8 program.
E.
Condominium and homeowners association fees. For any affordable housing
unit that is part of a condominium association and/or homeowners'
association, the master deed shall reflect that the association fee
assessed for each affordable housing unit shall be established at
100% of the market rate fee.
[Amended 2-27-2017 by Ord. No. O:08-2017; 5-28-2019 by Ord. No. O:14-2019]
F.
Affirmative marketing.
[Added 5-28-2019 by Ord.
No. O]
(1)
The affirmative marketing plan is a regional marketing strategy
designed to attract buyers and/or renters of all majority and minority
groups, regardless of race, creed, color, national origin, ancestry,
marital or familial status, gender, affectional or sexual orientation,
disability, age or number of children to housing units which are being
marketed by a developer, sponsor or owner of affordable housing. The
affirmative marketing plan is also intended to target those potentially
eligible persons who are least likely to apply for affordable units
in that region. It is a continuing program that directs all marketing
activities toward COAH Housing Region 5 and covers the period of deed
restriction.
(2)
The affirmative marketing plan shall provide a regional preference
for all households that live and/or work in COAH Housing Region 5,
comprised of Burlington, Camden, and Gloucester Counties.
(3)
Although the Township has the ultimate responsibility for implementing
all aspects of Monroe's affordable housing program, the administrative
agent designated by the Township shall assure the affirmative marketing
of all affordable units is consistent with the affirmative marketing
plan for the municipality.
(4)
In implementing the affirmative marketing plan, the administrative
agent shall provide a list of counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements, and landlord/tenant law.
(5)
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner,
unless otherwise determined or agreed to by the Township of Monroe.
(6)
The affirmative marketing plan for each affordable housing development
shall describe the media to be used in advertising and publicizing
the availability of housing. In implementing the affirmative marketing
plan, the administrative agent shall consider the use of language
translations where appropriate.
(7)
Applications for affordable housing shall be available in several
locations, including, at a minimum, the County Administration Building
and/or the County Library for each county within the housing region;
the municipal administration building and the municipal library in
the municipality in which the units are located; and the developer's
rental office. Applications shall be mailed to prospective applicants
upon request.
(8)
The Township, as part of its affirmative marketing plan, shall
provide notice to the Fair Share Housing Center, the New Jersey State
Conference of the NAACP, the Latino Action Network and the Gloucester
County Chapter of the NAACP of all available affordable housing units.
The Township also agrees to require any other entities, including
developers or persons or companies retained to do affirmative marketing,
to comply with this paragraph.
(9)
The affirmative marketing program shall commence at least 120
days before the issuance of either temporary or permanent certificates
of occupancy. The marketing program shall continue until all low-
and moderate-income housing units are initially occupied and for so
long as affordable housing units are deed restricted and occupancy
or reoccupancy of units continues to be necessary.
G.
Occupancy standards.
[Added 5-28-2019 by Ord.
No. O:14-2019]
(1)
In referring certified households to specific restricted units,
to the extent feasible, and without causing an undue delay in occupying
the unit, the administrative agent shall strive to:
(2)
Additional provisions related to occupancy standards (if any)
shall be provided in the municipal operating manual.
(3)
Selection of occupants of affordable housing units.
(4)
Control periods for restricted ownership units and enforcement
mechanisms.
(a)
Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, and each restricted ownership unit shall
remain subject to the controls on affordability for a period of at
least 30 years and, thereafter, until Monroe takes action to release
the unit from such requirements.
(b)
Rehabilitated owner-occupied single-family housing units that
are improved to code standards shall be subject to affordability controls
for a period of 10 years.
(c)
The affordability control period for a restricted ownership
unit shall commence on the date the initial certified household takes
title to the unit.
(d)
Prior to the issuance of the initial certificate of occupancy
for a restricted ownership unit and upon each successive sale during
the period of restricted ownership, the administrative agent shall
determine the restricted price for the unit and shall also determine
the nonrestricted, fair market value of the unit based on either an
appraisal or the unit's equalized assessed value without the restrictions
in place.
(e)
At the time of the initial sale of the unit, the initial purchaser
shall execute and deliver to the administrative agent a recapture
note obligating the purchaser (as well as the purchaser's heirs, successors
and assigns) to repay, upon the first nonexempt sale after the unit's
release from the restrictions set forth in this section, an amount
equal to the difference between the unit's nonrestricted fair market
value and its restricted price, and the recapture note shall be secured
by a recapture lien evidenced by a duly recorded mortgage on the unit.
(f)
The affordability controls set forth in this section shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
(g)
A restricted ownership unit shall be required to obtain a continuing
certificate of occupancy or a certified statement from the Construction
Official stating that the unit meets all code standards upon the first
transfer of title that follows the expiration of the applicable minimum
control period provided under N.J.A.C. 5:80-26.5(a), as may be amended
and supplemented.
(5)
Price restrictions for restricted ownership units, homeowner
association fees and resale prices. Price restrictions for restricted
ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as
may be amended and supplemented, including:
(a)
The initial purchase price for a restricted ownership unit shall
be approved by the administrative agent.
(b)
The administrative agent shall approve all resale prices, in
writing and in advance of the resale, to assure compliance with the
foregoing standards.
(c)
The method used to determine the condominium association fee
amounts and special assessments shall be indistinguishable between
the low- and moderate-income unit owners and the market unit owners.
(d)
The owners of restricted ownership units may apply to the administrative
agent to increase the maximum sales price for the unit on the basis
of capital improvements. Eligible capital improvements shall be those
that render the unit suitable for a larger household or the addition
of a bathroom. In no event shall the maximum sales price of an improved
housing unit exceed the limits of affordability for the larger household.
(6)
Capital improvements to ownership units.
(a)
Upon the resale of a restricted ownership unit, all items of
property that are permanently affixed to the unit or were included
when the unit was initially restricted (for example, refrigerator,
range, washer, dryer, dishwasher, wall-to-wall carpeting) shall be
included in the maximum allowable resale price. Other items may be
sold to the purchaser at a reasonable price that has been approved
by the administrative agent at the time of the signing of the agreement
to purchase. The purchase of central air conditioning installed subsequent
to the initial sale of the unit and not included in the base price
may be made a condition of the unit resale provided the price, which
shall be subject to ten-year, straight-line depreciation, has been
approved by the administrative agent. Unless otherwise approved by
the administrative agent, the purchase of any property other than
central air conditioning shall not be made a condition of the unit
resale. The owner and the purchaser must personally certify at the
time of closing that no unapproved transfer of funds for the purpose
of selling and receiving property has taken place at the time of or
as a condition of resale.
(7)
Buyer income eligibility.
(a)
Buyer income eligibility for restricted ownership units shall
be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median
income and moderate-income ownership units shall be reserved for households
with a gross household income less than 80% of median income.
(b)
Notwithstanding the foregoing, however, the administrative agent
may, in accordance with COAH's criteria, permit moderate-income purchasers
to buy low-income units in housing markets determined by COAH to have
an insufficient number of eligible low-income purchasers to permit
prompt occupancy of the units. All such low-income units to be sold
to moderate-income households shall retain the required pricing restrictions
for low-income units.
(c)
A certified household that purchases a restricted ownership
unit must occupy it as the certified household's principal residence
and shall not lease the unit; provided, however, that the administrative
agent may permit the owner of a restricted ownership unit, upon application
and a showing of hardship, to lease the restricted unit to a certified
household for a period not to exceed one year.
(d)
The administrative agent shall certify a household as eligible
for a restricted ownership unit when the household is a low-income
household or a moderate-income household, as applicable to the unit,
and the estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowner association fees, as applicable) does
not exceed 33% of the household's certified monthly income.
(8)
Limitations on indebtedness secured by ownership unit; subordination.
(a)
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the administrative agent shall determine in writing
that the proposed indebtedness complies with the provisions of this
section.
(b)
With the exception of original purchase money mortgages, during
a control period neither an owner nor a lender shall at any time cause
or permit the total indebtedness secured by a restricted ownership
unit to exceed 95% of the maximum allowable resale price of that unit,
as such price is determined by the administrative agent in accordance
with N.J.A.C. 5:80-26.6(b).
(9)
Control periods for restricted rental units.
(a)
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, and each restricted rental unit shall remain
subject to the controls on affordability for a period of at least
30 years and, thereafter, until Monroe takes action to release the
unit from such requirements.
(b)
Rehabilitated renter-occupied housing units that are improved
to code standards shall be subject to affordability controls for a
period of 10 years.
(c)
Deeds of all real property that include restricted rental units
shall contain deed restriction language. The deed restriction shall
have priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of the County of Gloucester. A copy of the filed document shall be
provided to the administrative agent within 30 days of the receipt
of a certificate of occupancy.
(d)
A restricted rental unit shall remain subject to the affordability
controls of this section, despite the occurrence of any of the following
events:
(10)
Rent restrictions for rental units; leases.
(a)
A written lease shall be required for all restricted rental
units and tenants shall be responsible for security deposits and the
full amount of the rent as stated on the lease. A copy of the current
lease for each restricted rental unit shall be provided to the administrative
agent.
(b)
No additional fees or charges shall be added to the approved
rent (except, in the case of units in an assisted living residence,
to cover the customary charges for food and services) without the
express written approval of the administrative agent.
(c)
Application fees (including the charge for any credit check)
shall not exceed 5% of the monthly rent of the applicable restricted
unit and shall be payable to the administrative agent to be applied
to the costs of administering the controls applicable to the unit
as set forth in this section.
(11)
Tenant income eligibility.
(a)
Tenant income eligibility shall be in accordance with N.J.A.C.
5:80-26.13, as may be amended and supplemented, and shall be determined
as follows:
[1]
Very-low-income rental units shall be reserved
for households with a gross household income less than or equal to
30% of median income.
[2]
Low-income rental units shall be reserved for households
with a gross household income less than or equal to 50% of median
income.
[3]
Moderate-income rental units shall be reserved
for households with a gross household income less than 80% of median
income.
(b)
The administrative agent shall certify a household as eligible
for a restricted rental unit when the household is a very-low-income,
low-income household or a moderate-income household, as applicable
to the unit, and the rent proposed for the unit does not exceed 35%
(40% for age-restricted units) of the household's eligible monthly
income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended
and supplemented; provided, however, that this limit may be exceeded
if one or more of the following circumstances exists:
[1]
The household currently pays more than 35% (40%
for households eligible for age-restricted units) of its gross household
income for rent, and the proposed rent will reduce its housing costs;
[2]
The household has consistently paid more than 35%
(40% for households eligible for age-restricted units) of eligible
monthly income for rent in the past and has proven its ability to
pay;
[3]
The household is currently in substandard or overcrowded
living conditions;
[4]
The household documents the existence of assets
with which the household proposes to supplement the rent payments;
or
[5]
The household documents proposed third-party assistance
from an outside source such as a family member in a form acceptable
to the administrative agent and the owner of the unit.
(c)
The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection G(11)(b)[1] through [5] above with the administrative agent, who shall counsel the household on budgeting.
(12)
Conversions. Each housing unit created through the conversion
of a nonresidential structure shall be considered a new housing unit
and shall be subject to the affordability controls for a new housing
unit.
H.
Administration.
[Added 5-28-2019 by Ord.
No. O:14-2019]
(1)
Municipal Housing Liaison.
(a)
The position of Municipal Housing Liaison for the Township of
Monroe is hereby established. The Municipal Housing Liaison shall
be appointed by duly adopted resolution of the Township Council and
be subject to the approval of the Court or COAH, as appropriate.
(b)
The Municipal Housing Liaison must be either a full-time or
part-time employee of the Township of Monroe.
(c)
The Municipal Housing Liaison must meet COAH's requirements
for qualifications, including initial and periodic training.
(d)
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Township
of Monroe, including the following responsibilities if not contracted
out to the administrative agent:
[1]
Serving as the municipality's primary point of
contact for all inquiries from the state, affordable housing providers,
administrative agents and interested households;
[2]
The implementation of the affirmative marketing
plan and affordability controls, unless contracted to the administrative
agent.
[3]
When applicable, supervising all administrative
agents.
[4]
Monitoring the status of all restricted units in
the Township of Monroe's Fair Share Plan;
[a]
Compiling, verifying and submitting annual reports
as required by COAH;
[b]
Coordinating meetings with affordable housing providers
and administrative agents, as needed; and
[c]
Attending continuing education opportunities on
affordability controls, compliance monitoring and affirmative marketing
as offered or approved by COAH.
(2)
Administrative agent.
(a)
Township shall designate by resolution of the Township Council,
subject to the approval of the Court, one or more administrative agents
to administer newly constructed affordable units in accordance with
N.J.A.C. 5:93 and UHAC.
(b)
The fees of the administrative agent shall be paid by the owners
for the affordable units for which the services of the administrative
agent are required.
(c)
The administrative agent shall, as delegated by the Township
Council, have the authority to take all actions necessary and appropriate
to carry out its responsibilities which are set forth in N.J.A.C.
5:80-26.14, 15, 16 and 18 and described in full detail in the program's
operating manuals.
(3)
Developer marketing responsibilities. The developer shall assume
all costs for the affirmative marketing and initial sales and rental
transactions associated with the low- and moderate-income housing
development, unless otherwise determined or agreed to by the Township
of Monroe. The developer's administrative agent shall have all of
the responsibilities as put forth in this rule and shall follow the
same procedures for affirmatively marketing, qualifying individuals
and households and recording of property instruments as described
herein for the Township's administrative agent. After the initial
sales transactions, the administrative agent shall assume the duties
of the developer's administrative agent for any resales. The administrative
agent shall charge a reasonable fee to the program seller(s)/owner(s)
for the administration of the housing affordability controls program.
(4)
Enforcement of affordable housing regulations.
(a)
Upon the occurrence of a breach of any of the regulations governing
the affordable unit by an owner, developer or tenant, the municipality
shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, municipal fines, a requirement
for household recertification, acceleration of all sums due under
a mortgage, recoupment of any funds from a sale in the violation of
the regulations, injunctive relief to prevent further violation of
the regulations, entry on the premises, and specific performance.
(b)
After providing written notice of a violation to an owner, developer
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the municipality
may take the following action against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
[1]
The municipality may file a court action pursuant
to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations
governing the affordable housing unit. If the owner, developer or
tenant is found by the court to have violated any provision of the
regulations governing affordable housing units the owner, developer
or tenant shall be subject to one or more of the following penalties,
at the discretion of the court:
[a]
A fine of not more than $500 or imprisonment for
a period not to exceed 90 days, or both. Each and every day that the
violation continues or exists shall be considered a separate and specific
violation of these provisions and not as a continuing offense;
[b]
In the case of an owner who has rented his or her
low- or moderate-income unit in violation of the regulations governing
affordable housing units, payment into the Township of Monroe Affordable
Housing Trust Fund of the gross amount of rent illegally collected;
[c]
In the case of an owner who has rented his or her
low- or moderate-income unit in violation of the regulations governing
affordable housing units, payment of an innocent tenant's reasonable
relocation costs, as determined by the court.
[2]
The municipality may file a court action in the
Superior Court seeking a judgment, which would result in the termination
of the owner's equity or other interest in the unit, in the nature
of a mortgage foreclosure. Any judgment shall be enforceable as if
the same were a judgment of default of the first purchase money mortgage
and shall constitute a lien against the low- and moderate-income unit.
[3]
Such judgment shall be enforceable, at the option
of the municipality, by means of an execution sale by the Sheriff,
at which time the low- and moderate-income unit of the violating owner
shall be sold at a sale price which is not less than the amount necessary
to fully satisfy and pay off any first purchase money mortgage and
prior liens and the costs of the enforcement proceedings incurred
by the municipality, including attorney's fees. The violating owner
shall have the right to possession terminated as well as the title
conveyed pursuant to the Sheriff's sale.
[4]
The proceeds of the Sheriff's sale shall first
be applied to satisfy the first purchase money mortgage lien and any
prior liens upon the low- and moderate-income unit. The excess, if
any, shall be applied to reimburse the municipality for any and all
costs and expenses incurred in connection with either the court action
resulting in the judgment of violation or the Sheriff's sale. In the
event that the proceeds from the Sheriff's sale are insufficient to
reimburse the municipality in full as aforesaid, the violating owner
shall be personally responsible for and to the extent of such deficiency,
in addition to any and all costs incurred by the municipality in connection
with collecting such deficiency. In the event that a surplus remains
after satisfying all of the above, such surplus, if any, shall be
placed in escrow by the municipality for the owner and shall be held
in such escrow for a maximum period of two years or until such earlier
time as the owner shall make a claim with the municipality for such.
Failure of the owner to claim such balance within the two-year period
shall automatically result in a forfeiture of such balance to the
municipality. Any interest accrued or earned on such balance while
being held in escrow shall belong to and shall be paid to the municipality,
whether such balance shall be paid to the owner or forfeited to the
municipality.
[5]
Foreclosure by the municipality due to violation
of the regulations governing affordable housing units shall not extinguish
the restrictions of the regulations governing affordable housing units
as the same apply to the low- and moderate-income unit. Title shall
be conveyed to the purchaser at the Sheriff's sale, subject to the
restrictions and provisions of the regulations governing the affordable
housing unit. The owner determined to be in violation of the provisions
of this plan and from whom title and possession were taken by means
of the Sheriff's sale shall not be entitled to any right of redemption.
[6]
If there are no bidders at the Sheriff's sale,
or if insufficient amounts are bid to satisfy the first purchase money
mortgage and any prior liens, the municipality may acquire title to
the low- and moderate-income unit by satisfying the first purchase
money mortgage and any prior liens and crediting the violating owner
with an amount equal to the difference between the first purchase
money mortgage and any prior liens and costs of the enforcement proceedings,
including legal fees and the maximum resale price for which the low-
and moderate-income unit could have been sold under the terms of the
regulations governing affordable housing units. This excess shall
be treated in the same manner as the excess which would have been
realized from an actual sale as previously described.
[7]
Failure of the low- and moderate-income unit to
be either sold at the Sheriff's sale or acquired by the municipality
shall obligate the owner to accept an offer to purchase from any qualified
purchaser which may be referred to the owner by the municipality,
with such offer to purchase being equal to the maximum resale price
of the low- and moderate-income unit as permitted by the regulations
governing affordable housing units.
[8]
The owner shall remain fully obligated, responsible
and liable for complying with the terms and restrictions of governing
affordable housing units until such time as title is conveyed from
the owner.
(5)
Appeals. Appeals from all decisions of an administrative agent
designated pursuant to this section shall be filed in writing with
the Executive Director of COAH or its successor.
I.
Monitoring and reporting requirements.
[Added 5-28-2019 by Ord.
No. O:14-2019]
(1)
The Township of Monroe shall comply with the following monitoring
and reporting requirements regarding the status of the implementation
of its Superior Court-approved Housing Element and Fair Share Plan:
(a)
Beginning one year after the entry of the Township's Round 3
Judgment of Compliance and Repose, and on every anniversary of that
date through July 1, 2025, the Township shall provide an annual report
of its Affordable Housing Trust Fund activity to the New Jersey Department
of Community Affairs, Council on Affordable Housing, or Local Government
Services, or other entity designated by the State of New Jersey, with
a copy provided to Fair Share Housing Center (FSHC) and posted on
the municipal website, using forms developed for this purpose by the
New Jersey Department of Community Affairs (NJDCA), Council on Affordable
Housing (COAH), or Local Government Services (NJLGS). The report shall
include an accounting of all Affordable Housing Trust Fund activity,
including the source and amount of funds collected and the amount
and purpose for which any funds have been expended.
(b)
Beginning one year after the entry of the Township's Round 3
Judgment of Compliance and Repose, and on every anniversary of that
date through July 1, 2025, the Township agrees to provide an annual
report of the status of all affordable housing activity within the
municipality through posting on the municipal website with a copy
of such posting provided to Fair Share Housing Center, using forms
previously developed for this purpose by COAH, or any other forms
endorsed by the Superior Court Appointed Special Master and FSHC.
(c)
The Fair Housing Act includes two provisions regarding action
to be taken by the Township during its ten-year repose period. The
Township will comply with those provisions as follows:
[1]
For the midpoint realistic opportunity review due
on July 2, 2020, as required pursuant to N.J.S.A. 52:27D-313, the
Township will post on its municipal website, with a copy provided
to Fair Share Housing Center, a status report as to its implementation
of its plan and an analysis of whether any unbuilt sites or unfulfilled
mechanisms continue to present a realistic opportunity and whether
the mechanisms to meet unmet need should be revised or supplemented.
Such posting shall invite any interested party to submit comments
to the Township, with a copy to Fair Share Housing Center, regarding
whether any sites no longer present a realistic opportunity and should
be replaced and whether the mechanisms to meet unmet need should be
revised or supplemented. Any interested party may by motion request
a hearing before the Superior Court regarding these issues.
[2]
For the review of very-low-income housing requirements
required by N.J.S.A. 52:27D-329.1, within 30 days of the third anniversary
of the entry of the Township's Judgment of Compliance and Repose,
and every third year thereafter, the Township will post on its municipal
website, with a copy provided to Fair Share Housing Center, a status
report as to its satisfaction of its very-low-income requirements,
including the family very-low-income requirements referenced herein.
Such posting shall invite any interested party to submit comments
to the Township and Fair Share Housing Center on the issue of whether
the Township has complied with its very-low-income housing obligation
under the terms of this settlement.
[3]
In addition to the foregoing postings, the Township
may also elect to file copies of its reports with COAH or its successor
agency at the state level.
J.
Design standards. Consideration shall be given to the granting of waivers from Article XII requirements if it can be demonstrated that such deviation from the requirements is necessary for the provision of affordable housing. No waivers shall be granted unless it is demonstrated that the waiver will not result in any negative impact upon the public health, safety and welfare.
K.
Development fees.
[Added 10-9-2007 by Ord. No. O-59-2007; amended 4-14-2009 by Ord. No. O:06-2009; 4-14-2014 by Ord. No. O:07-2014]
(1)
Purpose.
(a)
In Holmdel Builder's Association v. Holmdel Township, 121 N.J.
550 (1990), the New Jersey Supreme Court determined that mandatory
development fees are authorized by the Fair Housing Act of 1985, N.J.S.A.
52:27d-301 et seq., and the State Constitution, subject to the Council
on Affordable Housing's (COAH's) adoption of rules.
(b)
Pursuant to P.L. 2008, c. 46 § 8 (N.J.S.A. 52:27D-329.2)
and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1
through 8.7), COAH is authorized to adopt and promulgate regulations
necessary for the establishment, implementation, review, monitoring
and enforcement of municipal affordable housing trust funds and corresponding
spending plans. Municipalities that are under the jurisdiction of
the Council or court of competent jurisdiction and have a COAH-approved
spending plan may retain fees collected from nonresidential development.
(c)
This subsection establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to COAH's rules and in
accordance with P.L. 2008, c. 46, §§ 8 and 32-38.[3] Fees collected pursuant to this subsection shall be used
for the sole purpose of providing low- and moderate-income housing.
This subsection shall be interpreted within the framework of COAH's
rules on development fees codified at N.J.A.C. 5:97-8.
[3]
Editor's Note: See N.J.S.A. 52:27D-329.2 and N.J.S.A. 40:55D-8.1
through 40:55D-8.7, respectively.
(3)
AFFORDABLE HOUSING DEVELOPMENT
COAH or the COUNCIL
DEVELOPMENT FEE
DEVELOPER
EQUALIZED ASSESSED VALUE
Definitions. The following terms, as used in this subsection,
shall have the following meanings:
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a one-hundred-percent affordable
housing development.
The New Jersey Council on Affordable Housing established
under the Act which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
consideration in the state.
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with §§ 1,
5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
(4)
Residential development fees.
(a)
Imposed fees.
[Amended 2-27-2017 by Ord. No. O:08-2017]
[1]
Within all districts, residential developers shall
pay a fee of 1.5% of the equalized assessed value for new residential
development.
(b)
Eligible exactions, ineligible exactions and exemptions for
residential development.
[1]
Affordable housing developments, developments where
the developer is providing for the construction of affordable units
elsewhere in the municipality, and developments where the developer
has made a payment in lieu of on-site construction of affordable units
shall be exempt from development fees.
[2]
Developments that have received preliminary or
final site plan approval prior to the adoption of a municipal development
fee ordinance shall be exempt from development fees, unless the developer
seeks a substantial change in the approval. Where a site plan approval
does not apply, a zoning and/or building permit shall be synonymous
with preliminary or final site plan approval for this purpose. The
fee percentage shall be vested on the date that the building permit
is issued.
[3]
Development fees shall be imposed and collected
when an existing structure undergoes a change to a more intense use,
is demolished and replaced. The development fee shall be calculated
on the increase in the equalized assessed value of the improved structure.
[Amended 2-27-2017 by Ord. No. O:08-2017]
[4]
Developers of residential structures demolished
and replaced as a result of fire, flood or natural disaster shall
be exempt from paying a development fee.
(5)
Nonresidential development fees.
(a)
Imposed fees.
[1]
Within all districts, nonresidential developers
shall pay a fee equal to 2.5% of the equalized assessed value of the
land and improvements, for all new nonresidential construction on
an unimproved lot or lots.
[2]
Nonresidential developers, except for developers
of the types of development specifically exempted, shall also pay
a fee equal to 2.5% of the increase in equalized assessed value resulting
from any additions to existing structures to be used for nonresidential
purposes.
[3]
Development fees shall be imposed and collected
when an existing structure is demolished and replaced. The development
fee of 2.5% shall be calculated on the difference between the equalized
assessed value of the preexisting land and improvement and the equalized
assessed value of the newly improved structure, i.e., land and improvement,
at the time final certificate of occupancy is issued. If the calculation
required under this section results in a negative number, the nonresidential
development fee shall be zero.
(b)
Eligible exactions, ineligible exactions and exemptions for
nonresidential development.
[1]
The nonresidential portion of a mixed-use inclusionary
or market rate development shall be subject to the development fee
of 2.5%, unless otherwise exempted below.
[2]
The fee of 2.5% shall not apply to an increase
in equalized assessed value resulting from alterations, change in
use within existing footprint, reconstruction, renovations and repairs.
[3]
Nonresidential developments shall be exempt from
the payment of nonresidential development fees in accordance with
the exemptions required pursuant to P.L. 2008, c. 46, as specified
in the Form N-RDF, State of New Jersey Non-Residential Development
Certification/Exemption Form. Any exemption claimed by a developer
shall be substantiated by that developer.
[4]
A developer of a nonresidential development exempted
from the nonresidential development fee pursuant to P.L. 2008, c.
46 shall be subject to it at such time the basis for the exemption
no longer applies, and shall make the payment of the nonresidential
development fee, in that event, within three years after that event
or after the issuance of the final certificate of occupancy of the
nonresidential development, whichever is later.
[5]
If a property which was exempted from the collection
of a nonresidential development fee thereafter ceases to be exempt
from property taxation, the owner of the property shall remit the
fees required pursuant to this subsection within 45 days of the termination
of the property tax exemption. Unpaid nonresidential development fees,
under these circumstances, may be enforceable by Monroe Township as
a lien against the real property of the owner.
(6)
Collection procedures.
(a)
Upon the granting of a preliminary, final or other applicable
approval, for development, the applicable approving authority shall
direct its staff to notify the Construction Code Official.
(b)
For nonresidential developments only, the developer shall also
be provided with a copy of Form N-RDF, State of New Jersey Non-Residential
Development Certification/Exemption, to be completed as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The Construction Code
Official shall verify the information submitted by the nonresidential
developer as per the instructions provided in the Form N-RDF. The
County Tax Assessor shall verify exemptions and prepare estimated
and final assessments as per the instructions provided in Form N-RDF.
[Amended 2-27-2017 by Ord. No. O:08-2017]
(c)
The Construction Code Official shall notify the County Tax Assessor
of the issuance of the first building permit for a development which
is subject to a development fee.
[Amended 2-27-2017 by Ord. No. O:08-2017]
(d)
Within 90 days of receipt of that notice, the County Tax Assessor,
based on the plans filed, shall provide an estimate of the equalized
assessed value of the development.
[Amended 2-27-2017 by Ord. No. O:08-2017]
(e)
The Construction Code Official notifies the County Tax Assessor
of any and all requests for the scheduling of a final inspection on
property which is subject to a development fee.
[Amended 2-27-2017 by Ord. No. O:08-2017]
(f)
Within 10 business days of a request for the scheduling of a
final inspection, the County Tax Assessor shall confirm or modify
the previously estimated equalized assessed value of the improvements
of the development, calculate the development fee and thereafter notify
the developer of the amount of the fee.
[Amended 2-27-2017 by Ord. No. O:08-2017]
(g)
Should Monroe Township fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b of § 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).
(h)
Fifty percent of the development fee shall be collected at the
time of issuance of the building permit. The remaining portion shall
be collected at the issuance of the certificate of occupancy. The
developer shall be responsible for paying the difference between the
fee calculated at building permit and that determined at issuance
of certificate of occupancy.
(7)
Appeal of development fees.
(a)
A developer may challenge residential development fees imposed
by filing a challenge with the County Board of Taxation. Pending a
review and determination by the Board, collected fees shall be placed
in an interest-bearing escrow account by Monroe Township. Appeals
from a determination of the Board may be made to the tax court in
accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
(b)
A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest-bearing escrow account by Monroe Township.
Appeals from a determination of the Director may be made to the tax
court in accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
(8)
Affordable housing trust fund.
(a)
There is hereby created a separate, interest-bearing housing
trust fund to be maintained by the Chief Financial Officer for the
purpose of depositing development fees collected from residential
and nonresidential developers and proceeds from the sale of units
with extinguished controls.
(b)
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
[1]
Payments in lieu of on-site construction of affordable
units;
[2]
Developer-contributed funds to make 10% of the
adaptable entrances in a townhouse or other multistory attached development
accessible;
[3]
Rental income from municipally operated units;
[4]
Repayments from affordable housing program loans;
[5]
Recapture funds;
[6]
Proceeds from the sale of affordable units; and
[7]
Any other funds collected in connection with Monroe
Township's affordable housing program.
(c)
Within seven days from the opening of the trust fund account,
Monroe Township shall provide COAH with written authorization, in
the form of a three-party escrow agreement between the municipality,
the bank, and COAH, to permit COAH to direct the disbursement of the
funds as provided for in N.J.A.C. 5:97-8.13(b).
(d)
All interest accrued in the housing trust fund shall only be
used on eligible affordable housing activities approved by COAH.
(9)
Use of funds.
(a)
The expenditure of all funds shall conform to a spending plan
approved by COAH. Funds deposited in the housing trust fund may be
used for any activity approved by COAH to address the Township of
Monroe's fair share obligation and may be set up as a grant or revolving
loan program. Such activities include, but are not limited to: preservation
or purchase of housing for the purpose of maintaining or implementing
affordability controls, rehabilitation, new construction of affordable
housing units and related costs, accessory apartment, market-to-affordable
or regional housing partnership programs, conversion of existing nonresidential
buildings to create new affordable units, green building strategies
designed to be cost saving and in accordance with accepted national
or state standards, purchase of land for affordable housing, improvement
of land to be used for affordable housing, purchase of housing, extensions
or improvements of roads and infrastructure to affordable housing
sites, financial assistance designed to increase affordability, or
administration necessary for implementation of the Housing Element
and Fair Share Plan or any other activity as permitted pursuant to
N.J.A.C. 5:97-8.7 through 5:97-8.9 and specified in the approved spending
plan.
(b)
Funds shall not be expended to reimburse the Township of Monroe
for past housing activities.
(c)
At least 30% of all development fees collected and interest
earned shall be used to provide affordability assistance to low- and
moderate-income households in affordable units included in the municipal
Fair Share Plan. One third of the affordability assistance portion
of development fees collected shall be used to provide affordability
assistance to those households earning 30% or less of median income
by region.
[1]
Affordability assistance programs may include down
payment assistance, security deposit assistance, low-interest loans,
rental assistance, assistance with homeowners association or condominium
fees and special assessments, and assistance with emergency repairs.
[2]
Affordability assistance to households earning
30% or less of median income may include buying down the cost of low-
or moderate-income units in the third-round municipal Fair Share Plan
to make them affordable to households earning 30% or less of median
income.
[3]
Payments in lieu of constructing affordable units
on site and funds from the sale of units with extinguished controls
shall be exempt from the affordability assistance requirement.
(d)
The Township of Monroe may contract with a private or public
entity to administer any part of its Housing Element and Fair Share
Plan, including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:96-18.
(e)
No more than 20% of the revenues collected from development
fees each year may be expended on administration, including, but not
limited to, salaries and benefits for municipal employees or consultant
fees necessary to develop or implement a new construction program,
a Housing Element and Fair Share Plan, and/or an affirmative marketing
program. In the case of a rehabilitation program, no more than 20%
of the revenues collected from development fees shall be expended
for such administrative expenses. Administrative funds may be used
for income qualification of households, monitoring the turnover of
sale and rental units, and compliance with COAH's monitoring requirements.
Legal or other fees related to litigation opposing affordable housing
sites or objecting to the Council's regulations and/or action are
not eligible uses of the affordable housing trust fund.
(10)
Monitoring. The Township of Monroe shall complete and return
to COAH all monitoring forms included in monitoring requirements related
to the collection of development fees from residential and nonresidential
developers, payments in lieu of constructing affordable units on site,
funds from the sale of units with extinguished controls, barrier-free
escrow funds, rental income, repayments from affordable housing program
loans, and any other funds collected in connection with Township of
Monroe's housing program, as well as to the expenditure of revenues
and implementation of the plan certified by COAH. All monitoring reports
shall be completed on forms designed by COAH.
(11)
Ongoing collections of fees. The ability for the Township of
Monroe to impose, collect and expend development fees shall expire
with its substantive certification unless the Township of Monroe has
filed an adopted Housing Element and Fair Share Plan with COAH, has
petitioned for substantive certification, and has received COAH's
approval of its development fee ordinance. If the Township of Monroe
fails to renew its ability to impose and collect development fees
prior to the expiration of substantive certification, it may be subject
to forfeiture of any or all funds remaining within its municipal trust
fund. Any funds so forfeited shall be deposited into the New Jersey
Affordable Housing Trust Fund established pursuant to § 20
of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320). The Township of Monroe
shall not impose a residential development fee on a development that
receives preliminary or final site plan approval after the expiration
of its substantive certification or judgment of compliance nor shall
the Township of Monroe retroactively impose a development fee on such
a development. The Township of Monroe shall not expend development
fees after the expiration of its substantive certification or judgment
of compliance.[4]
[4]
Editor’s Note: Former § 175-89.2, Provision of
affordable housing pursuant to Cycle Three Growth Share Regulations,
which immediately followed, was repealed 5-28-2019 by Ord. No. O:14-2019.
A.
It is the express finding and declaration of the Township
Council that agricultural activities serve the interest of the citizens
of Monroe Township by ensuring numerous social, economic and environmental
benefits, and it is, therefore, the express intention of this chapter
to establish as the policy of this Township the protection of agricultural
operations from nuisance action where recognized methods and techniques
of agricultural production are applied.
B.
The owner of land used for agricultural or horticultural
purposes or use who conducts agricultural activities in conformance
with the agricultural management practices set forth in this section,
and all relevant federal or state statutes or rules and regulations
adopted pursuant thereto and which do not pose a direct threat to
public health and safety, may, in accordance with zoning district
regulations:
[Amended 5-21-1990 by Ord. No. O-11-90]
(1)
Produce agricultural and horticultural crops, trees
and forest products, livestock and poultry and other commodities as
described in the standard industrial classification for agriculture,
forestry, fishing and trapping;
(2)
Package the agricultural output.
(3)
Provide for the wholesale and retail marketing of
the agricultural output and related products, including the construction
of building and parking areas in conformance with the Township's standards.
(4)
Replenish soil nutrients.
(5)
Control pests, predators and diseases of plants and
animals.
(6)
Clear woodlands using open-burning and other techniques,
install and maintain vegetative and terrain alterations and other
physical facilities for water and soil conservation and surface water
control in wetland areas.
(7)
Conduct on-site disposal of organic agricultural waste.
C.
The following standards shall apply to all agricultural
uses in .the Township:
(1)
All agricultural activities and fish and wildlife
management activities, including the preparation of land and the planting,
nurturing and harvesting of crops, shall be carried out in accordance
with recommended management practices established for the particular
agricultural activity by the New Jersey Department of Agriculture,
the Soil Conservation Service, and the New Jersey Agricultural Experimental
Station at Rutgers University.
(2)
In Agricultural Production Districts of Monroe Township,
a Resource Conservation Plan shall be prepared by or otherwise reviewed
and approved by 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 water or groundwater
as a direct result of such agricultural uses conducted therein. 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 the following publications:
[Amended 5-22-2012 by Ord. No. O:16-2012]
(3)
At such time as the State Agricultural Development Committee is established pursuant to Section 4 of the Right to Farm Act (P.L. 1983, c. 31), N.J.S.A. 4:1C-1 et seq., and any amendments or revisions thereto, and at such time as said Committee develops and recommends the program of Agricultural Management Practices pursuant to Section 5 of the aforesaid Right to Farm Act, said Agricultural Management Practices as developed and recommended by said Committee shall be the standards to be applied to all agricultural uses in the Township, insofar as applicable, to the extent that the standards set forth in Subsection C(1) and (2) above are superseded thereby.
D.
The Township, in recognition that agricultural activities,
when reasonable and necessary, produce a benefit to the neighborhood,
the community and society in general by the preservation of open space,
the beauty of the countryside and clean air, and by the preservation
and continuance of agricultural operations in Monroe Township and
in New Jersey as a source of agricultural products and values for
this and future generations, creates the following presumptions:
(1)
In all relevant actions filed subsequent to the effective date of this chapter, there shall exist an irrebuttable presumption that no agricultural operation, activity or structure which conforms to the standards set forth in Subsection C of this section, and all relevant federal or state statutes or rules or regulations adopted pursuant thereto, and which does not pose a direct threat to public health and safety, shall constitute a public or private nuisance, nor shall any such operation, activity or structure be deemed to otherwise invade or interfere with the use and enjoyment of any other land or property.
(2)
In all relevant actions filed subsequent to the effective date of this chapter, there shall exist an irrebuttable presumption that no agricultural operation, activity or structure which is conducted or located within a municipally approved program and which conforms to the agricultural standards set forth in Subsection C of this section, and all relevant federal or state statutes or rules and regulations adopted pursuant thereto, and which does not pose a direct threat to public health and safety, shall constitute a public or private nuisance, nor shall any such operation, activity or structure be deemed to otherwise invade or interfere with the use and enjoyment of any other land or property.
E.
Other regulations for agricultural uses where permitted.
(1)
No building used to raise or keep livestock or poultry
or as a stable shall be located closer than 50 feet from any lot line
or 100 feet from any street line.
(2)
No poultry may be raised or kept in any non-Pinelands
residential zone or use. Within any Pinelands residential zone a minimum
of two acres is required to raise or keep poultry.
[Amended 5-9-2000 by Ord. No. O-16-2000; 5-22-2012 by Ord. No. O:16-2012]
(3)
The Township Board of Health shall govern the raising
of swine.
(4)
Seasonal agricultural employee housing is allowed
only as an element of and accessory to an active agricultural operation
and must have a building setback of 100 feet from any street, 50 feet
from any property line and comply with all applicable state regulations
regarding said use.
(5)
All livestock shall be controlled through the use
of fencing and tethering so as to prevent such livestock from running
at large.
(6)
The number of horses, livestock or other nondomesticated
large animals permitted on a lot shall be determined by the size of
the lot; one horse, item of livestock or other nondomesticated large
animal per the first two acres shall be permitted. An additional acre
shall be required for a second horse, second item of livestock or
second other nondomesticated large animal. Thereafter, an additional
1/2 acre shall be required for each additional horse, item of livestock
or other nondomesticated large animal.
[Amended 5-22-2012 by Ord. No. O:16-2012]
F.
The term "municipally approved program" by which the
above irrebuttable presumption is to be operative shall be any municipally
approved program created in accordance with those provisions set forth
in the Agriculture Retention and Development Act (P.L. 1983, c. 32),
N.J.S.A. 4:1C-11 et seq., and as implemented by the County Agriculture
Development Board or any subregional agriculture development board
in lieu thereof.
[Amended 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97]
Development in the Township will conform to
all guidelines established to meet the requirements of the Federal
Clean Air Act, as amended in 1977. This includes all applicable state
and federal emission regulations, ambient air quality standards, nonattainment
criteria and significant deterioration criteria. All development shall
adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq.
Adherence to the standards of this section shall be determined by
means of an air quality simulation model approved by the New Jersey
Department of Environmental Protection pursuant to N.J.A.C. 7:27-18.3.
Applications for the following developments shall ensure that all
state ambient air quality standards in N.J.A.C. 7:27 et seq. for carbon
monoxide shall not be exceeded at places of maximum concentration
and at sensitive receptors:
A.
Residential development of 50 or more units and any
other development involving more than 100 parking spaces located in
a regional growth zoning district.
B.
Residential development of 100 or more units and any
other development involving more than 300 parking spaces located in
any other Pinelands Area district.
[Added 8-12-1997 by Ord. No. O-39-97]
Section 175-91.1, entitled "Air Safety Zones," is hereby included in its entirety and is hereby adopted pursuant to N.J.A.C. 16:62 et seq. as amended. These standards shall apply to the establishment of minimum standards for the control of airport and aeronautical hazards and standards for land use adjacent to Cross Keys, Southern Cross and Piney Hollow airports. A copy of N.J.A.C. 16:62 et seq. is amended hereto and made a part hereof, by reference.[1]
[1]
Editor's Note: The complete text of N.J.A.C.
16:62-1.1 et seq. is attached to Ord. No. O-39-97 and on file in the
office of the Township Clerk.
[Added 9-8-2009 by Ord. No. O:26-2009]
A.
Statement of purpose.
(1)
The purpose of this section is to establish standards for the
erection and maintenance of billboards in order to promote the following:
(a)
To preserve and promote the public health, safety, and welfare
of the residents of Monroe Township;
(b)
To prevent the degradation of the visual environment;
(c)
To enhance pedestrian and traffic safety;
(d)
To minimize the possible adverse effect of billboards on nearby
public and private property.
(2)
This off-premises billboard ordinance is adopted under the Zoning
Authority of the Township of Monroe in furtherance of the more general
purposes set forth in the Zoning Ordinances.
B.
ABANDONED BILLBOARD
ARCHITECTURAL, SCENIC, OR HISTORIC AREA
BILLBOARD
BILLBOARD AREA
BILLBOARD CORRIDORS
CHANGEABLE COPY
COMMERCIAL BILLBOARD
DIRECTIONAL SIGN
FLASHING ILLUMINATION
ILLEGAL BILLBOARD
INDIRECT ILLUMINATION
INTERNAL ILLUMINATION
MOVEMENT
NONCONFORMING BILLBOARD
POLITICAL BILLBOARD
PREMISES
SCENIC ROADSIDE
SPACING
STRUCTURE
VIEWSHED
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A billboard which has carried no message for more than 90
days or which no longer identifies a bona fide business, lessor, service,
owner, product, or activity, date or time of past event, and/or for
which no legal owner can be found. The definition shall also include
any billboard structure which no longer supports the billboard for
which it was designed.
An area of special control that contains unique visual or
historic characteristics or whose natural beauty requires special
regulations to ensure that all billboards displayed within the area
are compatible with the area.
A billboard is an off-premises object, device, display, sign,
or structure, or part thereof, displayed outdoors or visible from
a public way, which is used to advertise, identify, display, direct
or attract attention to an object, person, institution, organization,
business, product, service, event or location, or to express a point
of view, by any means, including words, letters, figures, design,
symbols, advertising flags, fixtures, colors, illuminations or projected
images. Each substantially different face of a billboard structure
shall constitute a separate billboard. Billboards do not include on-premises
commercial or political signage nor small commercial or noncommercial
signs temporarily placed in residential lawns by residents, owners,
contractors, realtors, or by or on behalf of political candidates
or issues.
The facing of a billboard, including copy, insignia, background,
structural supports, and border and trim. The measurement shall be
determined by the smallest rectangle inclusive of all letters and
images. The structural supports shall be excluded if they do not constitute
a major part of the billboard or if the structure is not used to identify
or attract attention to the business or product.
An area of special control which the Township Council designates
as appropriate for the display of billboards.
Copy that changes at intervals of more than once every six
seconds.
A billboard which identifies goods or services that are not
sold on the premises where the billboard is located.
A sign erected and maintained by local officials within the
public right-of-way to indicate to the traveling public the route
and distance to public accommodations, facilities, commercial services
and points of scenic, historical, cultural, recreational, educational
or religious interest. Such signs shall conform to all applicable
state regulations regarding placement of billboards in public rights-of-way.
A light source which, in whole or in part, physically changes
in light intensity or gives the appearance of such change at intervals
of less than six seconds.
A billboard that was constructed in violation of regulations
that existed at the time it was built.
A light source not seen directly.
A light source that is concealed or contained within the
billboard and becomes visible in darkness through a translucent surface.
Physical movement or revolution up or down, around, or sideways
that completes a cycle of change at intervals of less than six seconds.
A billboard which was lawfully erected and maintained at
the effective date of this section, or any amendment thereto, that
does not conform to the regulations of the district in which it is
located.
A billboard that advertises a candidate or an issue which
is to be voted on in a local, state, or federal election.
The contiguous land in the same ownership or control which
is not divided by a street.
Scenic roadsides include those land areas within the municipal
limits which lie within the viewshed of either side of the outermost
edge of any of the roads, which are of uncommon visual importance
or scenic attractiveness.
Spacing of billboards shall be the minimum distance between
outdoor advertising billboard structures measured along the nearest
edge of the pavement between points directly opposite the billboards
along each side of the highway and shall apply to outdoor advertising
billboard structures located on both sides of the highway involved.
Anything that requires a permanent location.
An area visible from the road that provides vistas over water
or across expanses of land, such as farmland, woodlands, coastal wetlands
or ridgelines.
C.
Billboard regulations: permitted.
(1)
New billboards.
(a)
No new billboards shall be erected within the political boundaries of the Township of Monroe except in billboard corridors in designated areas of special control pursuant to Subsection F.
(b)
Such new billboards as may be permitted by this section shall
conform to the height, size, lighting, and spacing requirement prescribed
by this section, as modified by the designation of any area of special
control in which the billboard is located.
(2)
Height. All billboards shall be no greater than 25 feet in height
as measured from grade at the edge of the adjacent right-of-way to
the highest point of the billboard.
(3)
Size. All billboards shall be no greater than 150 square feet in area. Except for exempted billboards in Subsection E, only one billboard shall be permitted on each billboard structure.
(4)
Lighting. In addition to the lighting restrictions of Monroe
Township Code, which shall apply to all billboards in the Township
of Monroe, no billboard shall be so illuminated that it:
(a)
Interferes with the safety of aircraft flight in the vicinity
of the billboard.
(b)
Interferes with the use and enjoyment of property of any adjacent
landowners and landowners within 200 feet of the property.
(c)
Allows the illumination source to be directly visible from any
right-of-way or adjacent properties.
(5)
Spacing. All measurements shall be made parallel to the roadway
between perpendiculars extended from the billboard locations in question:
(a)
Black Horse Pike from Berlin-Cross Keys Road to Sicklerville
Road:
[1]
No billboard shall be erected within 2,000 feet
of an existing billboard on either side of the road right-of-way.
[2]
No billboard shall be erected within 2,000 feet
of an intersection.
[3]
Minimum setbacks. All billboards and billboard
structures must be located at least 20 feet from any property line
or right-of-way and placed so as not to pose a visibility or other
hazard to vehicular traffic.
D.
Billboard regulations: prohibited. The following are expressly prohibited
unless specifically stated otherwise in this section:
(1)
Off-premises billboards, except in billboard corridors of designated
areas of special control.
(2)
Animated and moving billboards: off premises billboards employing
movement including, but not limited to, changeable copy signs, pennants,
flags, banners, streamers, propellers, discs, and searchlights.
(3)
Flashing billboards: off-premises billboards that include lights
which flash, blink, or turn on and off intermittently.
(4)
Glaring billboards: off-premises billboards employing direct,
indirect, internal, flashing, or other illumination with light sources
or reflectivity of such brightness that constitutes a hazard to ground
or air traffic or a nuisance, as determined by the Zoning Officer.
(5)
Inflatable billboards and objects, including, but not limited
to, balloons.
(6)
Roof billboards: off-premises billboards which are erected or
painted on a roof or which extend in height above the roofline of
the building on which a sign is erected.
(7)
Simulated traffic signs and obstructions: any sign which may
be confused with or obstruct the view of any authorized traffic sign
or signal, obstruct the sight distance triangle at any street or highway
intersection, or extend into the public right-of-way.
(8)
Vehicular billboards: off-premises signs displayed on parked
or stationary vehicles, where the primary purpose of the vehicle is
to advertise a product or business or to direct people to a business
or activity. For the purposes of this section, vehicular billboards
shall not include business logos, identification, or advertising on
vehicles primarily used for other business purposes.
(9)
Wall billboards: off-premises billboards which are erected or
painted on a building wall.
E.
Billboard regulations: exempted signs. The following signs do not require permits or fee payments under Subsection I but must meet the other requirements of the section:
F.
Areas of special control.
(1)
The Township Council, by ordinance and following notice and
hearing, may designate any of the following areas of special control:
(2)
The Zoning Officer shall maintain and shall continually revise
a Zoning Map of the Township on which the Zoning Officer shall indicate
the boundaries of all designated areas of special control.
(3)
The Township Council shall adopt special regulations for billboards
in areas of special control which shall be consistent with the character
of the area of special control.
G.
General design and construction standards. All billboards shall be
designed, constructed, and maintained in accordance with the following
standards:
(1)
All billboards shall comply with applicable provisions of the
Uniform Building Code and the Electrical Code of the Township of Monroe
at all times.
(2)
All billboards regulated by this section shall be constructed
of permanent materials and shall be permanently attached to the ground,
by direct attachment to a rigid wall, frame, or structure.
(3)
All billboards shall be maintained in good structural condition,
in compliance with all building and electrical codes, and in conformance
with this Code at all times.
H.
Nonconforming billboards.
(1)
Continuance. Each nonconforming billboard and billboard structure
shall be allowed to be displayed for three years from the adoption
of this section, to provide a reasonable opportunity for the owner
to recover the full economic value of the investment made in the billboard.
(2)
Removal. Nonconforming billboards and billboard structures shall
be removed at the owner's or lessor's expense under the following
circumstances:
I.
Permits, administration, and enforcement.
(1)
Site plan application. An application for the erection or relocation
of a billboard shall be reviewed under the procedures for minor site
plan review, unless the application is made in conjunction with an
application for major site plan review, in which case the major site
plan review procedures apply.
(2)
Business tax. All new and existing billboards subject to this
section shall be taxed at a rate to be established by the governing
body of the Township of Monroe, not to exceed 2% of the gross annual
revenue produced by the billboard.
(3)
Illegal billboards. The Zoning Officer may remove or order the removal at the expense of the billboard owner or lessor of any illegal billboard and any billboard, other than a nonconforming billboard governed by Subsection H, not in compliance with the provisions of this section.
(4)
Immediate peril. If the Zoning Officer shall find any billboard
which poses an immediate peril to persons or property, the billboard
shall be removed. If the Zoning Officer cannot locate the billboard
owner or lessor for immediate removal of the billboard, he shall remove
or order the removal of the billboard at the expense of the billboard
owner or lessor.
J.
Severability. If any section, subsection, sentence, clause, phrase
or portion of this section is held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision, and such holding
shall not affect the validity of the remaining portions thereof.
K.
Protection of first amendment rights. Any billboard, display, or
device allowed under this section may contain, in lieu of any other
copy, any otherwise lawful, noncommercial message, including any political
message that does not direct attention to a business operated for
profit or to a commodity or service for sale, and that complies with
all other requirements of this section.
A.
Block length, width and acreage shall be sufficient
to accommodate the size lot required in the zoning district and to
provide for convenient access, circulation control and traffic safety.
B.
Gridiron blocks over 1,000 feet long in residential
areas shall be discouraged. Blocks over 1,500 feet in residential
areas shall be prohibited.
A.
Buffer areas are required along all exterior tract boundaries except along street rights-of-way for all nonresidential projects. Buffer areas are required along all exterior tract boundaries including street rights-of-way for planned residential developments, planned unit developments, single-family attached developments and multifamily developments. Buffer areas are required as necessary to provide adequate screening for single-family detached residential developments and single-family detached clustered developments, wherever the proposed residential development abuts an existing or approved planned residential development, planned unit development, single-family attached development, multifamily development or nonresidential use. Buffer areas shall be developed in an aesthetic manner for the primary purposes of screening views and reducing noise perception beyond the lot. Buffer widths shall be as specified in Article XIV of this chapter and shall be measured horizontally and perpendicularly to lot and street lines. Unless otherwise specified in Article XIV of this chapter, buffer areas for residential uses shall have a minimum width of 25 feet. No structure, activity, storage of materials, parking or driving of vehicles shall be permitted in a buffer area. The standards for the location and design of buffer areas are intended to provide flexibility in order to provide effective buffers. The location and design of buffers shall consider the use of the portion of the property being screened, the distance between the use and the adjoining property line, differences in elevations, the type of buffer, such as dense planting, existing woods, a wall or fence or landscaped earth berms, buffer height, buffer width and other combinations of man-made and natural features. The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line or the more intense the use the more effective the buffer area must be in obscuring light and vision and reducing noise beyond the lot.
[Amended 7-21-1992 by Ord. No. O-27-92; 11-23-1999 by Ord. No. O-33-99; 10-23-2001 by Ord. No.
O-31-2001]
B.
Notwithstanding the above, a minimum of 1/2 but in
no case less than 10 feet of the horizontal width of any buffer required
along a periphery shall have an area which shall be designed, planted,
graded, landscaped and developed to obscure the activities of the
site from view.
C.
All buffer areas shall be planted and maintained with
either grass or ground cover, together with a screen of live shrubs
and/or live trees, shrubs or other plant material meeting the following
requirements:
(1)
The preservation of all natural wooded tracts shall
be an integral part of all site plans and may be calculated as part
of the required buffer area, provided that the growth is of a density
and the areas have sufficient width to serve the purpose of a buffer.
Where additional plantings are necessary to establish an effective
buffer, said plantings may be required.
(2)
Plant materials used in screen planting shall be at
least five 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.
(3)
The screen planting shall be so placed that at maturity
it will not be closer than three feet from any street or property
line.
(4)
Trees shall be at least 10 feet in height when planted
and be of a species common to the area, be of balled and burlapped
nursery stock, and be free of insect and disease.
(5)
Any plant material which does not live shall be replaced
within one year of one growing season.
(6)
Screen plantings and landscaping shall be broken at
points of vehicular and pedestrian ingress and egress to assure a
clear sight triangle at all street and driveway intersections.
D.
Aboveground generating facilities, switching complexes,
pumping stations, storage tanks and substations shall be screened
with vegetation from adjacent uses.
E.
No more than 10 automobiles or other motor vehicles,
whether in operational condition or not, shall be stored on any lot
unless such motor vehicles are adequately screened from adjacent residential
uses.
F.
All landscaping in the Pinelands Area of the Township shall meet the requirements for use of native species set out in § 175-147 of this chapter.
G.
Required buffer areas shall be exclusive of minimum
lot size, front and side yard minimums and building envelope. Detention
and/or retention basins are permitted within required buffer areas
and yards.
[Added 7-21-1992 by Ord. No. O-27-92; amended 10-23-2001 by Ord. No. O-31-2001; 8-22-2006 by Ord. No.
O-32-2006]
H.
Special buffers to the Agricultural Production District.
Any development abutting a property line of any lot in the AG District
shall include a buffer a minimum of 50 feet in width with an average
width of 100 feet.
[Added 2-15-1993 by Ord. No. O-5-93]
I.
Buffer areas are required for any through residential
lot with frontage on two streets (reverse frontage). The buffer area
shall have a minimum width of 25 feet and shall be provided along
the right-of-way of the street with the higher traffic function. The
buffer area shall be exclusive of the minimum lot size and minimum
rear yard setback. The design of the buffer area shall be sufficient
to screen the residential lot from the adjacent right-of-way and shall
contain existing woods, dense plantings of evergreen trees and shrubs
or landscaped earth berms. Fences, walls or structures shall not be
permitted in a reverse frontage buffer area. Proposed lots must be
deed restricted to prohibit fences, walls or structures, or the removal
of trees within the reverse frontage buffer area.
[Added 10-23-2001 by Ord. No. O-31-2001; amended 11-23-2004 by Ord. No. O-49-2004]
A.
The purpose of this section is to provide a method
of developing land in certain districts of the Township so that desirable
open spaces, conservation areas, floodplains, recreation areas and
other environmentally sensitive lands can be set aside by permitting
a reduction in lot sizes without increasing the number of lots.
B.
Cluster developments may be approved at the discretion
of the Board in accordance with the following standards:
(1)
Cluster developments proposed within the Regional
Growth District of the Pinelands within Monroe Township shall be connected
to an approved and functioning central water and sanitary sewerage
treatment system.
(2)
The minimum project size, open space and maximum density provisions for clustered developments within any district shall be as specified within Article XIV of this chapter.
(3)
The minimum requirement for acreage of open space shall be achieved by a proposed development, and the location, type, design, layout, maintenance, ownership and control of such open spaces shall comply with the minimum standards of § 175-125 of this chapter.
(4)
Whenever possible, all dwelling units shall front
on culs-de-sac and loop streets and be so designed as to discourage
through vehicular traffic movements within clusters of residential
dwelling units.
(5)
Only the rear lot lines of any proposed building lot, whether for residential or other purposes, shall abut the lot lines of the parcel originally proposed for development, except that no proposed building lot shall abut the right-of-way of an existing street bounding the parcel originally proposed for development. Instead, the rights-of-way of all existing streets, bounding the parcel originally proposed for development, shall be separated from cluster developments by open space of sufficient width as prescribed in § 175-125.
[Amended 11-23-2004 by Ord. No. O-49-2004]
(6)
All utility installations shall be underground.
C.
Location; plan review required.
(1)
In accordance with the regulations of this chapter,
an applicant may elect to develop single-family detached dwellings
under the cluster concept in any zoning district so designated in
the Schedules of Permitted Uses.[1]
[Amended 3-20-1985 by Ord. No. O-6-85; 5-21-1990 by Ord. No. O-11-90; 12-17-1990 by Ord. No. O-31-90; 2-15-1993 by Ord. No. O-5-93; 5-17-1993 by Ord. No. O-14-93; 8-12-1997 by Ord. No. O-40-97]
[1]
Editor's Note: The various Schedules of Permitted
Uses are located at the end of this chapter.
(2)
Plan review shall be required by the appropriate board
for all cluster developments. All submissions, review procedures,
development review fees, site plan regulations, permits and approvals,
design and performance standards, zoning district regulations and
compliance shall conform to the provisions as set forth in this chapter.
D.
Required findings by the Planning Board. Prior to
granting approval of any cluster (reduced lot size) development election,
the Planning Board must find that:
(1)
Sanitary sewer collection and treatment as well as
potable water facilities are available to and are to be provided to
the proposed development if located within the Regional Growth Area
of Monroe Township.
(2)
The proposal will produce economy in layout and design.
(3)
The proposal is not inconsistent with and will not
create hazards relating to traffic patterns already established by
surrounding development.
(4)
Open space to be created by the proposal must be suitable
for passive or active recreation uses and/or valuable for the protection
of the natural environment and/or necessary for a public or quasi-public
purposes and that the open space standards of this article have been
achieved.
(5)
There is reasonable assurance that the improvement
and maintenance of the open space can be secured by the methods and
arrangements proposed by the development.
(6)
The proposal is consistent with the intent and purposes
of the Master Plan.
E.
Minimum tract size and maximum density. The minimum tract size and maximum density of residential building lots for cluster development in each of the specified districts shall be as defined in the cluster development provisions of the above-referenced zoning districts as provided by Article XIV of this chapter.
[Added 3-27-2012 by Ord. No. O:11-2012]
In the FD-10, FD-40, RD-A, RD-RR and RD-RS Zones, clustering
of single-family detached dwellings shall be required whenever two
or more units are proposed as part of a residential development. In
the RD-A, RD-RR and RD-RS Zones, two-family or twin units may also
be permitted as part of a cluster development. The following standards
shall apply:
B.
The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection A above, with a bonus applied as follows:
|
Parcel Size
(acres)
|
RD-RR Zone
|
RD-A and RD-RS Zones
|
FD-10 Zone
|
FD-40 Zone
| |
|---|---|---|---|---|---|
|
Less than 50
|
0
|
0
|
0
|
0
| |
|
50 to 99.99
|
10%
|
15%
|
20%
|
25%
| |
|
100 to 149.99
|
15%
|
20%
|
25%
|
30%
| |
|
Greater than or equal to 150
|
20%
|
25%
|
30%
|
40%
|
C.
The residential cluster shall be located on the parcel such that
the development area:
D.
Development within the residential cluster shall be designed as follows:
(1)
Residential lots shall be one acre in size but may be larger
if dictated by unusual site conditions. In no case shall the average
size of residential lots within a cluster exceed 1.1 acres;
(2)
The minimum bulk requirements specified in the Schedule of Limitations:
Rural Development Zoning Districts[1] for cluster development shall apply;
[1]
Editor's Note: The Schedule of Limitations: Rural Development Zoning Districts is included at the end of this chapter.
(3)
Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of § 175-149G may serve the lots within the cluster development area. However, in the event that existing agricultural uses will continue on the parcel in accordance with Subsection E(2)(b) below, individual on-site septic wastewater treatment systems shall comply with the standards of § 175-149H or I. Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of § 175-149H or I shall also be permitted;
(4)
The residential cluster development area shall include such
land and facilities as are necessary to support the development, including
wastewater facilities, stormwater management facilities and recreation
amenities; and
(5)
Permitted recreation amenities may include playgrounds, tot
lots, swimming pools, tennis courts and other such recreational facilities,
which are solely for use by the residents of the cluster development.
Recreational amenities shall not be limited to the foregoing so that
the applicant may propose additional facilities. All such facilities
shall be accessory to the residential cluster development. No advertising
or commercial enterprise shall be permitted. In no case may such amenities
occupy more than 1/2 acre of land or the equivalent of one acre of
land for every 25 residential lots, whichever is greater.
E.
The balance of the parcel located outside of the residential cluster
development shall be owned and managed by a duly constituted homeowners'
association, a nonprofit conservation organization, Monroe Township
or incorporated as part of one of the lots within the cluster development
area.
(1)
All such land shall be permanently protected through recordation
of a deed of conservation restriction. Such restriction shall be in
favor of Monroe Township or another public agency or nonprofit conservation
organization. In all cases, such restriction shall be expressly enforceable
by the Pinelands Commission; and
(2)
The deed of restriction shall permit the parcel to be managed
for:
(a)
Low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 175; and
(b)
Where agricultural use exists on a parcel proposed for cluster
development, the following standards shall apply:
[1]
For those agricultural uses in existence as of
April 6, 2009, the deed of restriction may provide for the continuation
of agricultural uses and the expansion of the area of agricultural
use by up to 50%;
[2]
For those agricultural uses established after April
6, 2009, the deed of restriction may provide for the continuation
of agricultural uses, provided that the agricultural use has been
in existence for a period of at least five years prior to submission
of an application for cluster development;
[3]
For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection E(2)(b)[1] or [2] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection E(2)(a) above and shall not provide for continuation of any agricultural use on the parcel;
[4]
The deed of restriction to be recorded pursuant to Subsection E(2)(b)[1] or [2] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a resource management system plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the resource management system plan shall be provided. If the deed of restriction is in favor of Gloucester County or the State Agricultural Development Committee, evidence of its approval shall also be provided; and
[5]
For parcels which meet the standards of Subsection E(2)(b)[1] or [2] above, a provision shall be recorded in the deed for each residential lot within the cluster development area which acknowledges agricultural use of the protected land outside the cluster development area and recognizes the legal protections afforded to that use through the deed of restriction and any applicable statutes.
A.
Any principal or accessory building located on a corner lot shall have a minimum setback for one designated street equal to the required front yard, with a side yard adjoining the adjacent street equal to 11/2 the normal side yard requirement of that zone unless such side yard distance is otherwise specifically provided in Article XIV of this chapter. The rear yard shall be that yard opposite the designated front yard for the purposes of this chapter.
B.
No wall, fence or other structure and no hedge, tree,
shrub or other growth shall be erected, altered or maintained on a
corner lot and in an area which may cause a hazard and danger to or
obstruct the view of any motor vehicle operator on the adjacent streets.
A.
Concrete curbs shall be installed along every street
within a development and at intersections with local roads, county
roads and state highways. The standard curb section to be used shall
be not more than 10 feet in length, shall be set in accordance with
approved lines and grades, and radial curbs shall be formed in an
arc segment, in a smooth curve. Chord segments are prohibited. Concrete
curbs shall be eight inches by six inches by 18 inches (six-inch exposed
face), using Class B concrete having twenty-eight-day compressive
strength of 4,000 pounds per square inch and shall be air-entrained.
At locations specified by the approving authority, the curbing shall
be designed to provide a ramp for bicycles and/or wheelchairs.
[Amended 5-20-1996 by Ord. No. O-06-96]
B.
Concrete gutters shall be constructed as a monolithic
structure with the curb when the grade of the street has less than
a one-percent slope. The dimensions of the particular parts of the
combined curb and gutter shall be as follows:
(1)
The top of the curb shall be six inches in width.
(2)
The rear face of the curb shall be 12 inches in height.
(3)
The width of the curb at the gutter elevation shall
be seven inches.
(4)
The width of the gutter shall be 12 inches.
(5)
The height of the curb face at the gutter shall be
six inches, and the depth of the gutter at the street face shall also
be six inches.
(6)
All exposed edges shall be rounded with a radius of
3/4 inch to one inch.
[Added 3-11-2013 by Ord. No. O:03-2013; amended 9-9-2013 by Ord. No.
O:11-2013]
A.
Small wind and solar energy systems. Small wind and solar energy systems shall be permitted accessory structures in the Township of Monroe as governed pursuant to the terms of this chapter to be incorporated into the Township's Land Use Code, § 175-97.
B.
SMALL WIND ENERGY SYSTEM
SOLAR ENERGY SYSTEM
SOLAR PANELS
WIND ENERGY SYSTEM
WIND TURBINE
Definitions. The following definitions shall govern small wind and
solar energy systems in the Township of Monroe:
A wind energy system, as defined herein, that is used to
generate electricity; and has a nameplate capacity of 100 kilowatts
or less.
A solar energy system and all associated equipment that converts
solar energy into a usable electrical energy, heats water or produces
hot air or other similar function through the use of solar panels.
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy
by way of a solar energy system.
A wind turbine and all associated equipment, including any
base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, batteries or other component necessary to fully utilize
the wind generator.
Equipment that converts energy from the wind into electricity.
This term includes the rotor, blades and associated mechanical and
electrical conversion components necessary to generate, store and/or
transfer energy.
C.
Generally applicable standards.
(1)
The primary purpose of a small wind or solar energy system will be
to provide power for the principal use of the property whereon said
system is to be located and shall not be for the generation of power
for commercial purposes, although this provision shall not be interpreted
to prohibit the sale of excess power generated from time to time from
a wind or solar energy system designed to meet the energy needs of
the principal use. For the purposes of this section, the sale of excess
power shall be limited so that in no event an energy system is generating
more energy for sale than what is otherwise necessary to power the
principal use on the property.
(2)
Wind and solar energy systems shall only be permitted as an accessory
use on the same lot as the principal use. All energy systems require
approval from the Zoning Officer and Building Department prior to
installation. Applications for an energy system shall include information
demonstrating compliance with the provisions of this section. In the
event that the Zoning Officer or Building Department does not believe
the provisions of this section will be satisfied, an applicant may
request a variance.
(3)
Wind and solar energy systems shall not be used for displaying any
advertising except for reasonable identification of the manufacturer
or operator of the system. In no case shall any identification be
visible from a property line.
(4)
The design of wind or solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening and landscaping
that will blend the facility into the natural setting and existing
environment.
(5)
The installation of a wind or solar energy system shall conform to
the National Electric Code as adopted by the New Jersey Department
of Community Affairs.
(6)
The installation of a wind or solar energy system is subject to all
Atlantic City Electric Company requirements for interconnection.
(7)
All on-site utility and transmission lines shall, to the extent feasible,
be placed underground.
(8)
The general provisions of the Township's Land Use Code shall not
apply to wind and solar energy systems with regard to height. Wind
and solar energy systems shall conform to the height restrictions
provided in this subsection.
(9)
Utility notification and interconnection. Small wind energy and solar
energy systems that connect to the electric utility shall comply with
the New Jersey's Net Metering and Interconnection Standards for Class
I Renewable Energy systems at N.J.A.C. 14:4-9.
(10)
In all zoning districts located within the Pinelands Area, all
small wind and solar energy systems shall comply with all applicable
standards set forth in the Pinelands Comprehensive Management Plan,
N.J.A.C. 7:50-1 et. seq., including the minimum environmental standards
set forth in Subchapter 6.
D.
Small wind energy systems.
(1)
Wind turbines are permitted in all zoning districts subject to the
following requirements:
(a)
Minimum lot size: three acres.
(b)
Minimum setbacks: All wind turbines shall be set back from all
property lines a distance equal to 100% of the height of the structure,
including the blades.
(c)
Wind turbines shall not be permitted in any front yard.
(e)
No more than one wind turbine shall be permitted per residential
property.
(f)
Wind turbines shall not be permitted as a rooftop installation.
(g)
Wind turbines on residential properties shall have a nameplate
capacity of 100 kilowatts or less.
(2)
Noise. All wind energy systems shall comply with the following:
(a)
Between a residential use or zone sound levels of the wind energy
system shall not exceed 35 dBA at a common property line or 30 dBA
to the closest occupied structure.
(b)
In all other cases at a common property line sound levels of
the wind energy system shall not exceed 45 dBA.
(c)
These levels may be exceeded during short-term events such as
utility outages and/or severe windstorms.
(3)
Wind turbines shall be designed with an automatic brake or other
similar device to prevent overspeeding and excessive pressure on the
tower structure.
(4)
Wind energy systems shall not be artificially lighted, except to
the extent required by the FAA or other applicable authority.
(5)
All ground-mounted electrical and control equipment shall be labeled
and secured to prevent unauthorized access.
(6)
The tower shall be designed and installed so as not to provide step
bolts, a ladder, or other publicly accessible means of climbing the
tower, for a minimum height of eight feet above the ground.
(7)
All moving parts of the wind energy system shall be a minimum of
10 feet above ground level.
(8)
The blades on the wind energy system shall be constructed of a corrosive-resistant
material.
(9)
All guy wires or any part of the wind energy system shall be located
on the same lot as the energy system.
E.
Solar energy systems.
(1)
Solar panels shall be permitted as a rooftop installation in any
zoning district, in accordance with the following: the solar panels
shall not exceed a height of 12 inches or overhang from the rooftop.
In no event shall the placement of the solar panels result in a total
height, including building and panels, than what is permitted in the
zoning district where they are located for the principal or accessory
building.
(2)
Solar panels shall be located so that any glare is directed away
from an adjoining property, or the applicant must provide evidence
that the solar panels do not emit glare.
(3)
Solar panels shall be permitted as ground arrays in any zoning district
in accordance with the following:
(a)
Minimum lot size: three acres.
(b)
All ground arrays shall be set back a distance of 50 feet from all property lines. A fifty-foot-wide buffer, subject to the requirements of § 175-93 and subject to an initial review by the Township Planner, shall be provided whenever the ground array is in the direct line of sight of an adjoining residence.
(c)
Ground arrays shall not be permitted in a front yard.
(d)
Ground arrays shall be located so that any glare is directed
away from an adjoining property, or the applicant must provide evidence
that the solar panels do not emit glare.
(e)
Ground arrays shall not exceed a height of eight feet.
(f)
Exposed hardware, supporting structures, frames and piping shall
be finished in nonreflective surfaces.
(4)
Noise. All solar energy systems shall comply with the following:
F.
Abandonment.
(1)
A small wind energy system or solar energy system that is out of
service for a continuous twelve-month period will be deemed to have
been abandoned.
(2)
The Zoning Officer may issue a notice of abandonment to the owner.
The notice shall be sent via regular and certified mail return receipt
requested, to the owner of record.
(3)
Any abandoned system shall be removed at the owner's sole expense
within six months after the owner receives the notice of abandonment
from the municipality. If the system is not removed within six months
of receipt of notice from the Township notifying the owner of such
abandonment, the Township may remove the system as set forth below.
(4)
When an owner of a wind or solar energy system has been notified
to remove same and has not done so six months after receiving said
notice, then the Township may remove such system and place a lien
upon the property for the cost of the removal. If removed by the owner,
a demolition permit shall be obtained, and the facility shall be removed.
Upon removal, the site shall be cleaned, restored and revegetated
to blend with the existing surrounding vegetation at the time of abandonment.
G.
Permit requirements.
(1)
Permit. A zoning permit and building permit shall be required for
the installation of a small wind energy or solar energy system. In
all zoning districts located within the Pinelands Area, a certificate
of filing shall be obtained from the Pinelands Commission prior to
the issuance of any zoning permit or building permit or to the installation
of any solar energy system, which is not located on an existing structure
(for rooftop installations) or on an existing impervious surface (for
ground arrays), and all small wind energy systems.
(2)
An owner shall submit an application to the Zoning Officer for a
zoning permit for a small wind energy or solar energy system and subsequent
application to the Construction Official for a building permit.
(3)
Documents. The zoning permit application shall be accompanied by
a plot plan which includes the following:
(a)
Property lines and physical dimensions of the property;
(b)
Location, dimensions, and types of existing major structures
on the property;
(c)
Location, dimensions, and type of the proposed energy system;
(d)
The right-of-way of any public road that is contiguous with
the property;
(e)
Any overhead utility lines;
(f)
Small wind energy system specifications, including manufacturer
and model, rotor diameter, tower height, tower type (freestanding
or guyed) or solar energy system specifications, including manufacturer
and model, panel height, color, etc.;
(g)
Notification of utility company for interconnection purposes;
and
(4)
The building permit application shall be accompanied by the manufacturer's
catalogue cut sheets, specifications and installation guidelines,
in addition to all other required information.
(5)
The documents and plans shall contain enough information and accurately
depict the installation of the small wind energy or solar energy system
for the Township of Monroe to make a formal decision on the application.
The amount of information and accuracy of information shall be in
the sole judgment of the Zoning Officer and/or Construction Official.
(6)
Fees. The applications for a zoning permit and building permit for
a small wind energy system or solar energy system must be accompanied
by the fees required.
H.
Violations.
(1)
It is unlawful for any person to construct, install, or operate a
small wind energy or solar energy system that is not in compliance
with this section.
(2)
Small wind energy or solar energy systems installed prior to the
adoption of this section are exempt from the requirements of this
section, except for the provisions regarding abandonment.
I.
Administration and enforcement.
(1)
This section shall be administered by the Zoning Officer, Construction
Official or other official as designated.
(2)
The Zoning Officer, Construction Official or other official as designated
may enter any property for which a permit has been issued under this
section to conduct an inspection to determine whether the conditions
stated in the permit have been met.
(3)
The Zoning Officer, Construction Official or other official as designated
may issue orders to abate any violation of this section.
(4)
The Zoning Officer, Construction Official or other official as designated
may issue a citation for any violation of this section.
(5)
The Zoning Officer, Construction Official or other official as designated
may refer any violation of this section to legal counsel for enforcement.
J.
Penalties.
(1)
Any person who fails to comply with any provision of this section
shall be subject to enforcement and penalties as stipulated in chapter
and section of the appropriate zoning code.
(2)
Nothing in this section shall be construed to prevent the Mayor and
Council of the Township of Monroe from using any lawful means to enforce
this section.
[1]
Editor's Note: Former § 175-97,
Conversions, was repealed 5-21-1990 by Ord. No. O-21-90.
A.
Easements outside of street rights-of-way and along
rear property lines or elsewhere for utility installation may be required,
but are generally discouraged. Such easements shall be at least 20
feet wide for one utility and five additional feet for each additional
utility and be located in consultation with the companies or municipal
departments concerned and, to the fullest extent possible, be centered
on or adjacent to rear or side lot lines.
B.
Floodplain and conservation easements shall be indicated
on the preliminary and final plats and shown in such a manner that
their boundaries can be accurately determined.
C.
The removal of trees and ground cover shall be prohibited
in a conservation easement or floodplain except for the following
purposes: the removal of dead or diseased trees; limited thinning
of trees and growth to encourage the most desirable growth; the removal
of trees to allow for structures designed to impound water or in areas
to be flooded in the creation of ponds or lakes; or approved conservation
plan by the Soil Conservation District.
The Planning Board shall, when reviewing all
major development applications, consider energy conservation techniques.
Such techniques shall include, but not be limited to, the orientation
of streets and structures to gain the best solar advantage, the use
of clustering, the provision of bike paths and public transportation
amenities such as bus shelters, and the incorporation of active and
passive solar power and designs.
[Added 3-3-1997 by Ord. No. O-11-97]
A.
Findings.
(1)
It is in the best interest of the Township and its residents to require that preliminary assessments be submitted with those applications for development designated in Subsection B below.
(2)
Such preliminary assessments should provide
a history of the site, the prior uses of the land, past and current
owners and the potential pollution-related effects of such uses on
the property.
B.
Assessment required. As part of and as a condition for approval for each application for preliminary major subdivision and planned and cluster development approval pursuant to § 175-59 and preliminary major site plan approval pursuant to § 175-61, the developer shall submit a preliminary assessment.
C.
Contents of assessment. The preliminary assessment
shall conform to the New Jersey Department of Environmental Protection
and Energy's Technical Requirements for Site Remediation (N.J.A.C.
7:26E) and with industry standards for Phase I Environmental Site
Assessments (ASTM Designation: E1527-93) and ASTM Standards for Transaction
Screening (ASTM Designation: E1528-93). The preliminary assessment
should be performed by qualified firms or individuals, and a preliminary
assessment report must be submitted to the Township at the time that
applications for development are submitted. The applicant shall submit
13 copies to the review board. The minimum required scope of work
for the preliminary assessment will include:
D.
Review of regulatory agency file data, environmental
reports, aerial photographs and property ownership records. File data
and existing reports should be reviewed to determine if any existing
documents show that the site was used for waste disposal or burial
and to determine if the site has previously been identified as a suspected
source or receptor of contamination. The minimum documents that should
be reviewed for this requirement include, but are not limited to:
(1)
Environmental Protection Agency (EPA) and State
of New Jersey databases. The EPA and state database should be reviewed
to determine if National Priority Lists (Superfund NPL) or state superfund
sites or other alleged contamination sites are located within the
minimum search distance as specified within the ASTM standards.
(2)
Historical aerial photographs. If available,
aerial photographs from the 1940's to current periods should be reviewed
and submitted with the report. The photographs will be inspected for
signs of landfillings, excavations, vegetation stress or other features
indicative of contamination, both on and adjacent to the site. The
preferred scale of the photographs is one inch equals 200 feet, and
stereoscopic pairs are recommended.
(3)
Recorded land title records and/or chain of
title and/or property tax file indicating property ownership from
1940 to the present.
(4)
Local and county files of the health, zoning,
construction code, environmental, police and fire departments.
E.
Site inspection. The environmental consultant shall
physically inspect the site. The consultant should collect information
on these subjects, as appropriate, to identify past or current practices
which could cause soil or groundwater contamination or which could
cause contamination in any structures at the property, including but
not limited to:
(1)
Past and current materials use.
(2)
Storage, handling and disposal of wastes at
the subject property, as applicable.
(3)
The number and location of chemical storage
containers, such as drums and storage tanks, and the materials stored
in them.
(4)
Transformers and capacitors at or directly adjacent
to the property for signs of leaks, spills and fires.
(5)
The properties and structures around the site
to document evidence of obvious and severe impacts from the adjacent
properties on the subject property. Examine exterior of adjacent buildings
and grounds of adjacent properties for evidence of staining and spills.
F.
Interviews. The environmental consultant shall conduct
interviews with local government officials, occupants and adjoining
property owners relative to obtaining information indicating recognized
environmental conditions in connection with the property. The interviews
shall generally confirm:
G.
Report. The environmental consultant should prepare
a report that includes, but is not limited to:
(1)
A description of the physical site, description
of the site history and the surrounding land use.
(2)
A United States Geological Survey (USGS) topographic
map indicating the location of the site.
(3)
A list of all hazardous substances or wastes
that are or were at the site.
(4)
A description of past and present production
processes, including water use, disposal discharge and storage practices
and containers.
(5)
A list of the environmental reports, permits
and background documents reviewed.
(6)
A list of interviewees.
(7)
A discussion of causes of environmental concern,
as applicable, such as underground storage tanks, PCB's, asbestos
and other applicable environmental hazards.
(8)
Statements regarding the presence of wells on-site,
and a statement regarding the presence or past presence of septic
systems or other subsurface disposal systems.
(9)
The results of contact with regulatory agencies
concerning potential contaminated sites in the site vicinity.
(10)
Prints of all aerial photographs.
(11)
A table that indicates the dates of property
ownership from 1940 to the present and the corresponding property
use(s) for those years, if known.
(12)
A description of the methods of disposal of
solid waste generated at, stored at, transported to or disposed of
at the subject site.
(13)
A discussion of potential contamination in the
soil and groundwater of the site.
(14)
A description of past remedial operations, including
results and sampling and testing data.
(15)
A list of all federal, state and local environmental
permits, past and present, applied for or obtained for the site.
(16)
A list of all administrative, civil and criminal
enforcement actions for alleged violations of environmental laws and
regulations, including their resolution.
(17)
The resume, or curriculum vitae of the individuals
who performed the preliminary assessment.
H.
Preparer qualifications. The individuals who conduct
the preliminary assessment shall be an environmental professional,
as defined within the ASTM Standard. Individual qualifications must
show that the person(s) conducting the preliminary assessment are
qualified to conduct environmental assessments based on education
and previous project experience. The resume or curriculum vitae should
indicate that the assessor has knowledge of current investigative
techniques and standards.
I.
Insurance. The firm or individual conducting the preliminary
assessment shall carry $1,000,000 in professional liability insurance.
J.
Certification. The Preliminary Assessment report shall
include a statement as follows:
|
"I certify under penalty of law that I have
personally examined and am familiar with the information submitted
in this application and all attached documents, and that based on
my inquiry of those individuals immediately responsible for obtaining
the information, I believe that the submitted information is true,
accurate and complete. I am aware that there are significant civil
penalties for knowingly submitting false, inaccurate or incomplete
information and that I am committing a crime of the fourth degree
if I make a written false statement which I do not believe to be true.
I am also aware that if I knowingly direct or authorize the violation
of any statute, I am personally liable for the penalties."
| |
|
The statement shall be signed by the principal
of the company that performed the preliminary assessment and by the
applicant.
|
K.
Indemnification. The preliminary assessment report
shall also include the following statement: "The applicant hereby
indemnifies the Township, its affiliates and engineer against any
liability, loss, expense, lien, claim, demand and cause of action
of every kind for damage to property of the applicant and third parties,
including fines or penalties, attorney's fees and other costs that
result from activities associated with or the findings of this preliminary
assessment."
[Amended 2-23-1999 by Ord. No. O-5-99]
L.
Preliminary assessment approval; escrow. The developer
shall provide his/her own preliminary assessment report and appropriate
escrow for the Township professionals for review of the preliminary
assessment.
M.
Waiver. All requests for waiver of requirements of
the preliminary assessment shall be forwarded to the Township development
review board having jurisdiction of the application. The request for
waiver shall include justifications for relieving the standards.
N.
Environmental Commission. The secretary of the Township
development review board having jurisdiction of the application shall
forward an informational copy of each preliminary assessment to the
Monroe Township Environmental Commission.
O.
Further requirements. Upon review of the preliminary
assessment by the development review board engineer and upon the recommendation
of such engineer, the development review board may require such other
studies, tests or environmental treatments and remedies as may be
determined reasonable and necessary for the environmental safety and
security of the site, including, but not limited to a site investigation
in accordance with N.J.A.C. 7:26E, Cleanups or other remedies.
[Amended 10-13-1998 by Ord. No. O-37-98]
[Added 5-21-1990 by Ord. No. O-11-90; amended 12-17-1990 by Ord. No. O-31-90; 3-3-1997 by Ord. No. O-10-97; 8-12-1997 by Ord. No. O-40-97]
In the Non-Pinelands Area, a legal lot with
an area less than that prescribed for the zone in which such lot is
located, which lot was undersized at the date of the adoption of this
chapter, when the owner thereof owns no adjoining land, may be used
as a lot for a single-family detached use if permitted in the zone,
provided that all other regulations prescribed for the zone by this
chapter are complied with. In the Pinelands Regional Growth Area,
any lot, or combination of lots, of at least 27,500 square feet existing
at the time of this chapter may be used as a lot for a single-family
use if permitted in the zone, provided that all other regulations,
except density, prescribed for the zone by this chapter are complied
with.
A.
Fences, walls or screening shall not be located in
any required sight triangle.
B.
Fences, walls or screening used in place of a fence
shall have a maximum height of six feet in the side and/or rear yard
and four feet in the front yard.
C.
Construction shall be accomplished in a manner which
is in keeping with the character of the district, keeps maintenance
of the fence, wall or screening or the surrounding property to a minimum,
and such that a hazard is not and will not be created.
D.
This provision shall have no effect upon and shall
not repeal any other Township ordinance with fence specifications,
such as the Swimming Pool Ordinance, Junkyard Ordinance, etc.
A.
No development shall be carried out in vegetated areas of the Township which are classified as a moderate, high or extreme hazard as defined in Subsection B below unless such development complies with the following standards:
(1)
All proposed development, 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.
(2)
All dead-end roads will terminate in a manner which
provides safe and efficient entry and exit for fire-fighting equipment.
[Added 10-3-1988 by Ord. No. O-21-88]
(3)
The rights-of-way of all roads will be maintained
so that they provide an effective firebreak.
(4)
(5)
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:
(a)
Shrubs, understory trees and bushes and ground
cover are selectively removed, mowed or pruned and maintained on an
annual basis.
(b)
All dead plant material is removed.
(c)
Roads, rights-of-way, wetlands and waste disposal
sites shall be used as firebreaks to the maximum extent practical.
(d)
There is a specific program for maintenance.
(6)
All structures will meet the following specifications:
(a)
Roofs and exteriors will be constructed of fire-resistant
materials such as asphalt rag-felt roofing, tile, slate, asbestos-cement
shingles, sheet iron, aluminum or brick. Fire-retardant-treated-wood-shingle-
or shake-type roofs are prohibited in high or extreme fire hazard
areas.
[Amended 10-3-1988 by Ord. No. O-21-88]
(b)
All projections such as balconies, decks and
roof gables shall be constructed of fire-resistant materials or materials
treated with fire-retardant chemicals.
(c)
Any openings in the roof, attic and the floor
shall be screened.
(d)
Chimneys and stovepipes which are designed to
burn solid or liquid fuels shall be equipped with screens over the
outlets.
(e)
Flat roofs are prohibited in areas where vegetation
is higher than the roof.
B.
The following classifications of fire hazards shall
be defined as:
[Amended 10-3-1988 by Ord. No. O-21-88]
|
Hazard
|
Vegetation Type
| |
|---|---|---|
|
Low
|
Atlantic white cedar Hardwood swamps
| |
|
Moderate
|
Non-Pine Barrens forest and prescribed burned
areas
| |
|
High
|
Pine Barrens forest, including mature forms
of pine, pine-oak and oak-pine
| |
|
Extreme
|
Immature or dwarf forms of pine-oak or oak-pine,
all classes of pine scrub-oak and pine lowlands
|
A.
Provision shall be made for fire hydrants along streets
and/or on the walls of nonresidential structures as approved by the
Planning Board Engineer and in accordance with Fire Insurance Rating
Organization standards. Fire hydrants are to be installed, and spacing
between such fire hydrants shall not exceed 600 feet as measured along
the curb. Each hydrant shall have an independent below-ground shutoff
valve.
B.
Where streams or ponds exist, or are proposed on lands
to be developed, facilities shall be provided to draft water for firefighting
purposes. This shall include access to a public street suitable for
use by fire-fighting equipment and construction of or improvements
to ponds, dams or similar on-site and off-site development, where
feasible. Such facilities shall be constructed to the satisfaction
of the Planning Board Engineer and Fire Department and in accordance
with Fire Insurance Rating Organization standards.
[Amended 10-3-1988 by Ord. No. O-21-88]
No development within the Township shall be
carried out unless it is designed to avoid irreversible adverse impacts
on habitats that are critical to the survival of any local populations
of those threatened or endangered animal species designated by the
Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1
et seq. All development or other authorized activity shall be carried
out in a manner which avoids disturbance of fish and wildlife habitats
that are essential to the continued nesting, resting, breeding and
feeding significant populations of fish and wildlife within the Township.
[Amended 2-19-1986 by Ord. No. O-2-86; 12-7-1987 by Ord. No. O-43-87; 10-3-1988 by Ord. No. O-21-88; 5-21-1990 by Ord. No. O-11-90]
B.
Density and minimum tract size. Maximum net density shall be six units per acre, provided that the application demonstrates that the development project will not result in any negative fiscal, physical or environment impacts; that the development project will comply with all Township design and performances standards contained within this chapter; and that the development project will contribute positively to growth, the development of a community-wide open space system and the development of the necessary infrastructure to support and maintain such new growth. The principles of § 175-114 shall be applied in evaluating any proposal. Minimum tract size shall be four acres within a planned residential district. Multifamily development in planned residential developments shall conform to the regulations in § 175-161C(3).
[Amended 7-21-1992 by Ord. No. O-27-92]
A.
It is the intention of this section to permit a subdivision
of large, narrow lots for the development of one additional dwelling.
B.
Flag lot subdivisions are permitted in the R-1, R-2
and R3 Zoning Districts.
[Amended 5-21-1990 by Ord. No. O-11-90; 12-17-1990 by Ord. No. O-31-90; 12-14-2010 by Ord. No.
O:29-2010]
C.
Flag lots shall meet all required area and yard requirements prescribed in Article XIV for the respective zone.
D.
A lot may be subdivided by means of this option only
one time without the necessity of variance approval. Any additional
request to subdivide either the original or the newly created lot(s)
into a flag lot shall require subdivision and variance approval.
E.
Not more than one flag-shaped lot may be created by
the subdivision.
[Amended 12-14-2010 by Ord. No. O:29-2010]
F.
An applicant requesting a flag lot subdivision may
not own any contiguous lot or lots which would, if combined, provide
sufficient lot frontage and lot width to create conforming, nonflag-type
lots.
G.
Lot width.
(1)
The lot being subdivided shall have sufficient lot
width to provide the flag lot with a minimum lot width of 50 feet
and provide the second lot created with a lot width equal or greater
than the required minimum lot width for the respective zone. However,
the lot being subdivided shall have a lot width which is less than
double the minimum lot width for the zone.[1]
[1]
Editor’s Note: Former Subsection G(2), which provided
a lot width schedule, as amended, and which immediately followed this
subsection, was repealed 12-14-2010 by Ord. No. O:29-2010.
H.
The width of the portion of the flag lot providing
access to the rear of said lot must be no less than 50 feet extending
uniformly from the lot frontage line to the rear lot line of the non-flag-type
lot. This area shall be known as the "pole" of the flag. No structures
may be constructed in the pole area nor in the areas of the pole as
extended to the rear of the lot.
I.
Any structure constructed on the flag-type lot shall
have a minimum setback from the rear lot line of the front lot equal
to the minimum building setback for the respective zone.
[Amended 12-17-1990 by Ord. No. O-29-90]
A.
General.
(1)
The purpose of this section is to control construction
and other developmental activities in stream channels and in areas
subject to flooding in order to mitigate detrimental effects of such
activity; to minimize losses and damages to public and private property
caused by land uses and channel modifications which, at times of flood,
increase flood heights and/or velocities; to safeguard the public
from dangers and damages caused by materials being swept onto nearby
or downstream lands; to protect and enhance the public's health and
welfare by minimizing the degradation of stream water quality from
point and nonpoint pollution sources; and to protect wildlife and
fisheries by preserving and enhancing water quality and the environment
of the stream channel and floodplain.
(2)
Without proper controls, stream encroachments may adversely affect the flood-carrying capacity of the stream, may create new facilities within areas subject to floods, may reduce natural storage that the floodplain provides, and may result in increased sedimentation or erosion or other environmental damage. Prior to final approval, any activity which falls under the criteria set forth in N.J.A.C. 7:13-1.4, which has been abbreviated in Subsection B of this section, shall be required to obtain a permit or a "letter of no jurisdiction" from the New Jersey Department of Environmental Protection, Division of Coastal Resources, Stream Encroachment Section, for that activity.
B.
Applicability.
(1)
This section shall apply to all stream encroachments
within the flood hazard area and one-hundred-year floodplains at locations
having a drainage area of over 50 acres and all projects of special
concern, as defined in the N.J.A.C. 7:13-5.
(2)
Activities otherwise encompassed by this section that
are located along tidal water bodies and segments of tidal water bodies
on the following list, as identified on the seven-and-one-half-degree
United States Geological Survey topographic maps, shall not be required
to obtain a permit under this chapter, provided that the Division
of Coastal Resources has issued a permit for the activity:
(3)
Activities otherwise regulated by this section that
are along tidal water bodies and segments of tidal water bodies shall
be exempt from the requirements of N.J.A.C. 7:13-4.7(d), provided
that the computed flood hazard elevation at that point is not higher
than the level of the one-hundred-year tidal surge at the mouth of
the water body.
[Amended 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97]
A.
Permit required. No forestry in the Pinelands Area
of the Township shall be carried out by any person unless a permit
for such activity has been issued by the Township Zoning Officer.
Notwithstanding this requirement, no such permits shall be required
for the following forestry activities:
(1)
Normal and customary forestry practices on residentially
improved parcels of land that are five acres or less in size.
(2)
Tree harvesting, provided that no more than one cord
of wood per five acres of land is harvested in any one year and that
no more than five cords of wood are harvested from the entire parcel
in any one year.
(3)
Tree planting, provided that the area to be planted
does not exceed five acres in any one year, no soil disturbance occurs
other than that caused by the planting activity and no trees other
than those authorized by N.J.A.C. 7:50-6.25 are to be planted.
(4)
Forest stand improvement designed to selectively thin
trees and brush, provided that no clearing or soil disturbance occurs
and that the total land area on the parcel in which the activity occurs
does not exceed five acres in any one year.
(5)
Prescribed burning and the clearing and maintaining
of firebreaks.
B.
Forestry application requirements. The information in Subsection B(1) or (2) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:
[Amended 3-27-2012 by Ord. No. O:11-2012]
(1)
For forestry activities on a parcel of land enrolled in the New Jersey
Forest Stewardship Program, a copy of the approved New Jersey Forest
Stewardship Plan. This document shall serve as evidence of the completion
of an application with the Pinelands Commission as well as evidence
that the activities are consistent with the standards of the Pinelands
Comprehensive Management Plan. No certificate of filing from the Pinelands
Commission shall be required.
(2)
For all other forestry applications:
(a)
The applicant's name and address and his interest in the subject
parcel;
(b)
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application;
(c)
The description, including block and lot designation and street
address, if any, of the subject parcel;
(d)
A description of all existing uses of the subject parcel;
(e)
A brief written statement generally describing the proposed
forestry operation;
(f)
A USGS Quadrangle map, or copy thereof, and a copy of the municipal
Tax Map sheet on which the boundaries of the subject parcel, the Pinelands
management area designation and the municipal zoning designation are
shown;
(g)
A forestry management plan that includes, as appropriate:
[1]
A cover page for the plan containing:
[a]
The name, mailing address and telephone number
of the owner of the subject parcel;
[b]
The municipality and county in which the subject
parcel is located;
[c]
The block and lot designation and street address,
if any, of the subject parcel;
[d]
The name and address of the forester who prepared
the plan, if not prepared by the owner of the subject parcel; and
[e]
The date the plan was prepared, subsequent revision
dates and the period of time the plan is intended to cover;
[2]
A clear and concise statement of the owner's objectives for
undertaking the proposed forestry activities, including a description
of the short- (five years) and long-term (20 years) objectives for
all proposed silvicultural techniques that will be used to manage
the parcel;
[3]
A description of the existing conditions of the subject parcel
and of each forest stand in which a proposed activity, prescription
or practice will occur. These stand descriptions shall include photographs
of each stand taken at eye level showing the location of all Pinelands
native forest types, as identified at N.J.A.C. 7:50-6.43, and shall
be keyed to an activity map that shall include, as appropriate, the
following information:
[a]
The number of acres;
[b]
The general condition and quality of each stand;
[c]
The overall site quality, relative to the management goals and objectives identified in Subsection B(2)(g)[2] above;
[d]
An inventory and map of Pinelands native forest
types with native forest types broken into "stands," including information
on type, size and volume by species;
[e]
The age of representative trees;
[f]
The species composition, including overstory, understory,
ground layer structure and composition;
[g]
The stand cohort composition;
[h]
The percent cover;
[i]
The basal area;
[j]
The structure, including age classes, diameter
breast height (dbh) classes and crown classes;
[k]
The condition and species composition of advanced
regeneration when applicable;
[l]
A stocking table showing the stocking levels, growth
rates and volume;
[m]
Projections of intended future stand characteristics
at ten-, twenty-, and forty-year intervals;
[n]
A description of the forestry activities, silvicultural
prescriptions, management activities and practices proposed during
the permit period and the acreage proposed for each activity. These
may include, but are not necessarily limited to, a description of:
[i]
Stand improvement practices;
[ii]
Site preparation practices;
[iii]
Harvesting practices;
[iv]
Regeneration and reforestation practices;
[v]
Improvements, including road construction, stream
crossings, landings, loading areas and skid trails;
[vi]
Herbicide treatments;
[vii]
Silvicultural treatment alternatives;
[viii]
If planting will occur to accomplish reforestation,
the application shall include seed sources records, if such records
are available;
[ix]
Implementation instructions; and
[x]
Measures that will be taken to prevent the potential
spread of exotic plant species or Phragmites into wetlands; and
[o]
A description, if appropriate, of the forest products
to be harvested, including volume expressed in cords and board feet;
diameter breast height (dbh) classes and average diameter; age; heights;
and number of trees per acre; and
[4]
A map of the entire parcel which includes the following:
[a]
The owner's name, address and the date the map
was prepared;
[b]
An arrow designating the north direction;
[c]
A scale which is not smaller than one inch equals
2,000 feet or larger than one inch equals 400 feet;
[d]
The location of all property lines;
[e]
A delineation of the physical features such as
roads, streams and structures;
[f]
The identification of soil types (a separate map
may be used for this purpose);
[g]
A map inset showing the location of the parcel
in relation to the local area;
[h]
Clear location of the area and acreage in which
each proposed activity, prescription or practice will occur. If shown
on other than the property map, the map or maps shall note the scale,
which shall not be smaller than one inch equals 2,000 feet or larger
than one inch equals 400 feet, and shall be appropriately keyed to
the property map; and
[i]
A legend defining the symbols appearing on the
map.
(i)
A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with § 175-110;
(j)
A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection C(9)(b) below;
(k)
A statement identifying the specific steps to be taken to ensure
that trees or areas to be harvested are properly identified so as
to ensure that only those trees intended for harvesting are harvested;
(l)
Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said manual must be addressed by the applicant in terms of their potential impact on the standards set forth in Subsection C below; and
(m)
A certificate of filing from the Pinelands Commission issued
pursuant to N.J.A.C. 7:50-4.34; and
C.
Forestry standards. Forestry operations shall be approved only if
the applicant can demonstrate that the standards set forth below are
met:
[Amended 3-27-2012 by Ord. No. O:11-2012]
(1)
All forestry activities shall serve to maintain Pinelands native
forest types, including those which are locally characteristic, except
in those stands where other forest types exist.
(2)
Any newly developed access to lands proposed for harvesting shall
avoid wetland areas except as absolutely necessary to harvest wetlands
species or to otherwise gain access to a harvesting site.
(3)
The following actions shall be required to encourage the establishment,
restoration or regeneration of Atlantic white cedar in cedar and hardwood
swamps:
(a)
Clearcutting cedar and managing slash;
(b)
Controlling competition by other plant species;
(c)
Utilizing fencing and other retardants, where necessary, to
protect cedar from overbrowsing;
(d)
Utilizing existing streams as cutting boundaries, where practical;
(e)
Harvesting during dry periods or when the ground is frozen;
and
(f)
Utilizing the least intrusive harvesting techniques, including
the use of winches, corduroy roads and helicopters, where practical.
(4)
All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in §§ 175-103 and 175-147A. The species accounts provided in the "Recommended Forestry Management Practices Report," Appendix I — Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards.
(5)
All forestry activities and practices shall be designed and carried
out so as to comply with the standards for the land application of
waste set forth in N.J.A.C. 7:50-6.79, except as expressly authorized
in this section.
(6)
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in § 175-110.
(7)
A vegetated streamside management zone shall be maintained or established
adjacent to streams, ponds, lakes and marshes, except that no streamside
management zone shall be required when Atlantic white cedar is proposed
to be harvested, established, restored or regenerated. The streamside
management zone shall be at least 25 feet in width. Where soils are
severely erodible, slopes exceed 10% or streamside vegetation is not
vigorous, the streamside management zone shall be increased up to
a maximum of 70 feet to buffer the water body from adjacent forestry
activities.
(8)
Stream crossings, access roads, timber harvesting, skid trails, log
decks, portable sawmill sites, site preparation, and reforestation
shall be designed and carried out so as to:
(9)
The following standards shall apply to silvicultural practices for
site preparation, either before or after harvesting:
(a)
In areas with slopes of greater than 10%, an undisturbed buffer
strip of at least 25 feet in width shall be maintained along roads
during site preparation to catch soil particles;
(b)
Herbicide treatments shall be permitted, provided that:
[1]
The proposed treatment is identified in the forestry application submitted to the Zoning Officer pursuant to Subsection B(2)(j) above;
[2]
Control of competitive plant species is clearly necessary;
[3]
Control of competitive plant species by other, nonchemical means
is not practical;
[4]
All chemicals shall be expressly labeled for forestry use and
shall be used and mixed in a manner that is consistent with relevant
state and federal requirements; and
[5]
In pine-shrub oak native forest types, herbicide treatments
shall only be permitted as a method to temporarily suppress shrub
oak understory in order to facilitate pine regeneration. All such
herbicide treatments shall be applied in a targeted manner so that
there will be no significant reduction in tree or shrub oak resprouting
outside those areas subject to the herbicide treatment;
(c)
Broadcast scarification and mechanical weeding shall be permitted
in all Pinelands native forest types;
(d)
Disking shall be permitted, provided that:
[1]
It shall not be permitted in Pine Plains native forest types;
[2]
Disking shall only be permitted in pine-shrub oak native forest
types as a method to temporarily suppress shrub oak understory in
order to facilitate pine regeneration and shall be limited as follows:
[a]
Disking may occur one time during the first year
of the establishment of a stand to assure the successful growth of
pine seedlings and may be repeated one time during the second year
of the growth of the stand only in areas where pine seedling establishment
has not successfully occurred; and
[b]
Only single-pass disking, which penetrates the
soil no deeper than six inches, shall be permitted.
[3]
It shall not occur in wetlands, except as may be necessary to
establish, restore or regenerate Atlantic white cedar. When so used,
disking shall be limited to shrub-dominated parcels and recently abandoned
agricultural lands; and
[4]
It shall follow land contours when slopes are discernible;
(e)
Root raking shall be permitted, provided that:
[1]
It shall not be permitted in pine-shrub oak native forest types
or Pine Plains native forest types;
[2]
When used to establish, restore or regenerate Atlantic white
cedar, root raking shall be limited to shrub-dominated parcels and
recently abandoned agricultural lands; and
[3]
Root raking debris shall not be piled in wetlands;
(f)
Bedding shall be permitted only in recently abandoned, cultivated
wetlands where there are no established Pinelands native forest types;
and
(g)
Drum chopping shall be permitted, provided that:
[1]
It shall not be permitted in Pine Plains native forest types
except to create road shoulder fuelbreaks, which shall be limited
to 25 feet in width, or to create scattered early successional habitats
under two acres in size;
[2]
It shall not be permitted in wetlands, except as may be necessary
to establish, restore or regenerate Atlantic white cedar. When so
used, drum chopping shall be limited to shrub-dominated parcels and
recently abandoned agricultural lands; and
[3]
It shall adhere to the following procedures:
[a]
No more than two passes shall be permitted except
to create scattered early successional habitats under two acres in
size;
[b]
Drums shall remain unfilled when used during the
dormant season;
[c]
Chop up and down the slope on a parcel so the depressions
made by the cleats and chopper blades run parallel to the contour
of the land to help reduce the occurrence of channeled surface erosion;
[d]
Chop so the depressions made by the cleats and
chopper blades run parallel to a wetland or water body; and
[e]
Avoid short-radius, one-hundred-eighty-degree turns
at the end of each straight pass.
(10)
The following standards shall apply to silvicultural practices
for harvesting:
(a)
Clearcutting shall be permitted, provided that:
[1]
It shall not be permitted in Pine Plains native
forest types;
[2]
It shall be limited to 300 acres or 5% of a parcel,
whichever is greater, during any permit period;
[3]
A fifty-foot-wide buffer strip, in which only periodic
pruning and thinning may occur, shall be maintained between any clearcut
and the parcel boundaries;
[4]
A buffer strip, in which only periodic pruning
and thinning may occur, shall also be maintained to separate each
twenty-five-acre or larger clearcut from other twenty-five-acre or
larger clearcuts, coppice cuts and seed tree cuts that occur within
a fifteen-year period. The buffer strip separating two twenty-five-acre
harvests shall be 50 feet in width and, for a larger harvest, shall
increase in width by one foot for each acre of that harvest above
25, to a maximum of 300 feet in width;
[5]
Where present on a parcel, a minimum of 18 dead
snags per acre of at least 10 inches diameter at breast height (dbh)
and six feet in height shall be left on the parcel for a minimum of
five years; and
[6]
The area of the parcel subject to the clearcut
shall have contoured edges unless the boundary of the clearcut serves
as a firebreak, in which case straight edges may be used;
(b)
Coppicing shall be permitted in all Pinelands native forest
types, provided that:
[1]
It shall be limited to 500 acres in size or 10%
of a parcel, whichever is greater, during any permit period;
[2]
A fifty-foot-wide buffer strip, in which only periodic
pruning and thinning may occur, shall be maintained between any coppice
cut and the parcel boundaries;
[3]
A buffer strip, in which only periodic pruning
and thinning may occur, shall also be maintained to separate each
twenty-five-acre or larger coppice cut from other twenty-five-acre
or larger clearcuts, coppice cuts and seed tree cuts that occur within
a fifteen-year period. The buffer strip separating two twenty-five-acre
harvests shall be 50 feet in width and, for a larger harvest, shall
increase in width by one foot for each acre of that harvest above
25, to a maximum of 300 feet in width;
[4]
Where present on a parcel, a minimum of 18 dead
snags per acre of at least 10 inches dbh and six feet in height shall
be left on the parcel for a minimum of five years; and
[5]
The area of the parcel subject to the coppice cut
shall have contoured edges unless the boundary of the coppice cut
serves as a firebreak, in which case straight edges may be used;
(c)
Seed tree cutting shall be permitted in all Pinelands native
forest types, provided that:
[1]
It shall be limited to 500 acres in size or 10%
of a parcel, whichever is greater, during any permit period;
[2]
A fifty-foot-wide buffer strip, in which only periodic
pruning and thinning may occur, shall be maintained between any seed
tree cut and the parcel boundaries;
[3]
A buffer strip, in which only periodic pruning
and thinning may occur, shall also be maintained to separate each
twenty-five-acre or larger seed tree cut from other twenty-five-acre
or larger clearcuts, coppice cuts and seed tree cuts that occur within
a fifteen-year period. The buffer strip separating two twenty-five-acre
harvests shall be 50 feet in width and, for a larger harvest, shall
increase in width by one foot for each acre of that harvest above
25, to a maximum of 300 feet in width;
[4]
Where present on a parcel, a minimum of 18 dead
snags per acre of at least 10 inches dbh and six feet in height shall
be left on the parcel for a minimum of five years;
[5]
The area of the parcel subject to the seed tree
cut shall have contoured edges unless the boundary of the seed tree
cut serves as a firebreak, in which case straight edges may be used;
[6]
Dominant residual seed trees shall be retained
at a distribution of at least seven trees per acre; and
[7]
Residual seed trees shall be distributed evenly
throughout the parcel; and
(d)
Shelterwood cutting, group selection and individual selection
shall be permitted in all Pinelands native forest types.
(11)
The following standards shall apply to silvicultural practices
for forest regeneration:
(a)
Natural regeneration shall be permitted in all Pinelands native forest types and shall be required in the Pine Plains native forest type, except as provided in Subsection C(11)(b) below; and
(b)
Artificial regeneration shall be permitted in all Pinelands
native forest types, provided that:
[1]
The use of nonnative cuttings, seedlings or seeds
shall not be permitted;
[2]
The use of hybrid cuttings, seedlings or seeds
shall be permitted if it can be demonstrated that the cutting is from
a locally native, naturally occurring hybrid which will be planted
within its natural range and habitat;
[3]
Cuttings, seedlings or seeds shall be collected
and utilized so as to ensure genetic diversity; and
[4]
When used in Pine Plains native forest types, artificial
regeneration shall only be permitted to restore drastically disturbed
sites if seeds or seedlings from the immediate vicinity have been
collected from local, genetically similar sources.
(12)
Following site preparation and harvesting activities, slash
shall either be retained in piles on the parcel, distributed throughout
the parcel, removed from the parcel or burned.
(13)
Thinning shall be permitted in all Pinelands native forest types,
including that which serves to maintain an understory of native plants
and/or manage stand composition, density, growth and spatial heterogeneity.
(14)
A copy of the approved municipal forestry permit shall be conspicuously
posted on the parcel which is the site of the forestry activity.
D.
Forestry permit procedures.
(1)
Applications for forestry permits shall be submitted
to the Zoning Officer and shall be accompanied by an application fee
of $25.
(2)
Within 14 days of receipt of an application, the Zoning
Officer shall determine whether the application is complete and, if
necessary, notify the applicant in writing of any additional information
which is necessary to complete the application. Should the Zoning
Officer fail to make such a determination within 14 days, the application
shall be considered to be complete as of the 15th day following its
submission.
(3)
Within 45 days of determining an application to be complete pursuant to Subsection D(2) above or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection C above or disapprove any application which does not meet the requirements of Subsection C above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
(4)
Upon receipt of a notice of disapproval pursuant to Subsection D(3) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection C above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection D(3) above.
(5)
Failure of the Zoning Officer to act within the time period prescribed in Subsection D(3) and (4) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.
(6)
In reviewing and issuing permits for forestry applications, the Zoning Officer shall also comply with the Pinelands Area notice and review procedures set forth in § 175-63.
(7)
Forestry permits shall be valid for a period of 10
years. Nothing in this section shall be construed to prohibit any
person from securing additional permits, provided that the requirements
of this section and the Pinelands Comprehensive Management Plan are
met.
E.
Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection D(3) above, the applicant shall be required to pay of a sum of $250 which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.
F.
Notification of harvesting. No harvesting shall be
commenced until the applicant has provided the Zoning Officer with
72 hours' written notice of the intention to begin harvesting operations.
All lots where fill material is deposited shall
have clean fill and/or topsoil deposited which shall be graded to
allow complete surface draining of the lot into local storm sewer
systems or natural drainage courses. No regrading of a lot shall be
permitted which would create or aggravate water stagnation or a drainage
problem on site or on adjacent properties, or which will violate other
provisions of this chapter. Grading shall be limited to areas shown
on approved site plans or subdivisions. Any topsoil disturbed during
approved excavation and grading operations shall be redistributed
throughout the site.
[Amended 5-21-1990 by Ord. No. O-5-90]
A.
The height limitations of this chapter shall not apply
to church spires, belfries, cupolas, chimneys, ventilators, skylights,
water tanks, solar heating apparatus, and similar features, and necessary
mechanical appurtenances usually carried above the roof level, provided
that the height does not exceed imaginary surfaces necessary to provide
for safe aircraft operation. Such features, however, shall be erected
only to such height as is necessary to accomplish the purpose that
they are to serve. Provisions of this chapter shall permit the erection
of parapet walls or cornices for ornament without windows above the
building height limit by not more than five feet. Except in the Pinelands
area of the Township, quasipublic buildings and public buildings,
schools, churches and other similar permitted uses may exceed the
height limit herein established, provided that such uses shall increase
the front, rear and side yards one foot for each foot by which such
building exceeds the height limit established for the district within
which the use is located.
B.
Unless otherwise provided, no structure, other than
a farm building, shall exceed 35 feet in height. This limitation shall
apply to radio and television transmission and other communication
facilities which are not accessory to an otherwise permitted use.
Except in the Pinelands Area of the Township, these height limits
may be exceeded by one foot for each foot by which the width of each
side yard is increased beyond minimum side yard requirements, up to
a maximum of 50 feet. The initial maximum height restriction in any
commercial or industrial zone outside the Pinelands Area or in the
Pinelands Regional Growth Area shall be 45 feet instead of 35 feet.
[Amended 4-28-1997 by Ord. No. O-27-97]
C.
In the Pinelands Area of the Township, the height limitation in Subsection B above shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity and conform with the standards of § 175-153: antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smokestacks, derricks, conveyors, flagpoles and masts or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy.
[Added 4-28-1997 by Ord. No. O-27-97]
[Amended 10-3-1988 by Ord. No. O-21-88]
A.
The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the governing body 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 E(2) below.
B.
Authority to issue certificates of appropriateness.
C.
Certificates of appropriateness shall be required
for the following:
(1)
Construction, encroachment upon, alteration, remodeling,
removal, disturbance or demolition of any resource designated by the
governing body or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154,
or any action which renders such a site inaccessible.
D.
Applications for certificates of appropriateness shall
include the information specified in N.J.A.C. 7:50-6.156(b).
E.
A cultural resource survey shall accompany all applications
for major development. Guidelines for this survey are contained in
Appendix B of the Pinelands Commission's Cultural Resource Management
Plan, dated April 1991, as amended. In general, the survey shall include
a statement as to the presence of any properties listed on the National
and State Registers of Historic Places on the site or within the area
of the projects' potential environmental impacts; a thorough search
of state, local and any other pertinent inventories to identify sites
of potential significance; a review of the literature and consultation
with professional and avocational archaeologists knowledgeable about
the area; thorough pedestrian and natural resources surveys; archaeological
testing as necessary to provide reasonable evidence of the presence
or absence of historic resources of significance; adequate recording
of the information gained and methodologies and sources used; and
a list of personnel involved and qualifications of the person(s) performing
the survey.
[Amended 4-28-1997 by Ord. No. O-27-97]
(1)
This requirement for a survey may be waived by the
local approval agency if:
(a)
There is insufficient evidence of significant
cultural activity on the project site or, in the case of archaeological
resources, within the vicinity;
(b)
The evidence of cultural activity on the site
lacks the potential for importance because further recording of the
available data will not contribute to a more comprehensive understanding
of Pinelands culture; or
(2)
A resource shall be deemed to be significant if it
possesses integrity of location, design, setting, materials, workmanship,
feeling and association which reflects its significance in American
history, architecture, archaeology or culture under one or more of
the following criteria:
(a)
The presence of structures, sites or areas associated
with events of significance to the cultural, political, economic or
social history of the nation, state, local community or the Pinelands.
(b)
The presence of structures, sites or areas associated
with the lives of persons or institutions of significance to the cultural,
political, economic or social history of the nation, state, local
community or the Pinelands.
(c)
The presence of structures that represent the
work of a master; possess high artistic values; embody the distinctive
characteristics of a type, period or method of construction; or represent
a distinguishable entity of significance to the architectural, cultural,
political, economic or social history of the nation, state, local
community or the Pinelands, although its components may lack individual
distinction.
(d)
The presence of a site or area which has yielded
or is likely to yield significant information regarding the history
or archaeological history of the Pinelands.
F.
The standards governing the issuance of certificates
of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by
the Planning Board and the Zoning Board of Adjustment.
G.
The effect of the issuance of a certificate of appropriateness
is as follows:
(1)
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection G(2) below.
(2)
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection 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 Committee pursuant to N.J.S.A. 40:55D-1 et seq. within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.
[Amended 4-28-1997 by Ord. No. O-27-97]
H.
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:
(1)
A narrative description of the resource and its cultural
environment.
(2)
Photographic documentation to record the exterior
appearance of buildings, structures and engineering resources.
(3)
A site plan depicting in correct scale the location
of all buildings, structures and engineering resources.
(4)
A New Jersey state inventory form as published by
the New Jersey Department of Environmental Protection for buildings,
and a narrative description of any process or technology if necessary
to elaborate upon the photographic record.
I.
If archaeological data is discovered on a site at
any time after construction has been commenced, the developer shall
immediately cease construction, notify the Planning Board and the
Pinelands Commission and take all reasonable steps to protect the
archaeological data in accordance with the Guidelines for the Recovery
of Scientific, Prehistoric, Historic and Archaeological Data: Procedures
for Notification, Reporting, and Data Recovery (36 CFR 66).
A home occupation may be permitted as an accessory
use and shall adhere to the minimum standards of a particular zone
and shall also meet the following criteria:
A.
The use shall be one which is customarily incidental
to the use of the premises as a dwelling and subordinate to the residential
use of the property.
B.
There shall be no more than one employee working on
the premises other than the bona fide residents of the dwelling.
C.
That portion of the dwelling unit utilized for the
home occupation shall not exceed 30% of the total floor area of said
dwelling unit.
D.
The occupation shall be conducted entirely within
the dwelling or within an accessory building or buildings.
E.
No related displays of articles for sale shall be
visible from the street.
F.
Only articles made on the premises may be sold.
G.
No sign shall be larger than two square feet on each
of two sides.
H.
There shall be no external change to the premises
or its buildings unless said change continues the appearance of the
property's principal use.
I.
No mechanical equipment may be used except that which
is normally used for purely domestic or household purposes and with
the exception of medical, dental or office equipment.
J.
In no case shall any home occupation require parking
to occur on the adjacent residential streets.
K.
Not more than four off-street parking spaces shall
be allowed for the residential-plus-home-occupation use.
A home professional use may be permitted as
an accessory use and shall adhere to the minimum standards of a particular
zone and shall also meet the following criteria:
A.
The term "professional office" shall include, but
not be limited to, an office for the use of a physician, surgeon,
dentist, lawyer, engineer, accountant or other professional persons.
B.
The use shall be one which is customarily incidental
to the use of the premises as a dwelling and subordinate to the residential
use of the property.
C.
There shall be no more than two employees working
on the premises other than the bona fide residents of the dwelling.
D.
The use shall be conducted entirely within the dwelling
or within an accessory building or buildings.
E.
No sign shall be larger than two square feet on each
of two sides.
F.
Not more than one professional person may utilize
the residence, except that one additional professional may be permitted,
provided that both professionals are members of the same immediate
family.
G.
That portion of the dwelling unit utilized for the
professional office shall not exceed 30% of the total floor area of
said dwelling unit.
H.
No mechanical equipment may be used except that which
is normally used for purely domestic or household purposes and with
the exception of medical, dental or office equipment.
I.
In no case shall any home profession require parking
to occur on the adjacent residential streets.
J.
Not more than four off-street parking spaces shall
be allowed for the residential-plus-home-occupation use.
[Amended 4-27-2004 by Ord. No. O:9-2004; 5-10-2011 by Ord. No.
O:14-2011; 7-26-2011 by Ord. No. O:19-2011]
A.
A homeowners' association shall be established for a multifamily
development or a development consisting of 100 dwellings or more.
(1)
The homeowners' association shall be established for the purpose
of owning and assuming maintenance responsibilities for the common
open space and common property designed for or located within a development.
B.
Provided that the Planning Board/Zoning Board of Adjustment is satisfied
that the homeowners' association will have a sufficient number of
members to reasonably expect a perpetuation of the organization in
a manner enabling it to meet its obligations and responsibilities
in owning and maintaining any property for the benefit of owners or
residents of the development, a homeowners' association may be established
for a multifamily development or a development consisting of less
than 100 dwellings or more.
C.
For those developments found to not have a sufficient number of members to form a homeowners' association, the applicant must provide a basin maintenance fee in accordance with § 175-140 F(8)(b) of this chapter.
D.
As related to a homeowners' association, common open space and common
property shall include, but not be limited to, the following: structures
and facilities, conservation areas, open space, floodplains, recreation
and park areas, streets and other lands which have not been dedicated
to or accepted by the Township.
E.
The organization shall incorporate the following provisions:
(1)
Membership by all property owners in the project shall be mandatory.
Required membership and the responsibilities upon the members shall
be in writing between the organization and each member in the form
of a covenant, with each agreeing to liability for his pro-rata share
of the organization's cost.
(2)
The organization shall be responsible for liability insurance,
taxes, maintenance and any other obligations assumed by the organization,
and shall hold the municipality harmless from any liability. The organization
shall not be dissolved and shall not dispose of any open space or
property by sale or otherwise, except to an organization conceived
and established to own and maintain the open space or property for
the benefit of such development, and thereafter, such organization
shall not be dissolved or dispose of any of its open space or property.
(3)
The assessment levied by the organization upon each member may
become a lien on each member's property. The organization shall be
allowed to adjust the assessment to meet changing needs.
(4)
The organization shall clearly describe in its bylaws all the
rights and obligations of each tenant and owner, including a copy
of the covenant, model deeds and articles of incorporation of the
organization, articles contained within its annual financial statement
including detail of revenue and expenditure line items and the fact
that every tenant and property owner shall have the right to use all
common properties. These shall be set forth as a condition of approval
and shall be submitted prior to the granting of final approval.
(5)
Transfer of control; failure to maintain property.
(a)
The articles of incorporation, covenants, bylaws, model deeds
and other legal instruments shall ensure that control of the organization
shall be transferred to the members based on a percentage of the dwelling
units sold and/or occupied and shall clearly indicate that in the
event that such organization shall fail to maintain the common open
space or common property in reasonable order and condition, the Township
may serve written notice upon such organization or upon the owners
of the development setting forth the manner in which the organization
has failed to maintain the common open space or common property in
reasonable condition, and the notice shall include a demand that such
deficiencies of maintenance be cured within 35 days thereof, and shall
state the date and place of a hearing thereon which shall be held
within 15 days of the notice. At such hearing, the designated Township
body or officer, as the case may be, may modify the terms of the original
notice as to deficiencies and may give a reasonable extension of time
not to exceed 65 days within which they shall be cured.
(b)
If the deficiencies set forth in the original notice or in the
modification thereof shall not be cured within 35 days or any permitted
extension thereof, the Township, in order to preserve the common open
space and common property and maintain the same for a period of one
year, may enter upon and maintain such land. The entry and maintenance
shall not vest in the public any rights to use the common open space
and common property except when the same is voluntarily dedicated
to the public by the owners. Before the expiration of the year, the
Township shall, upon its initiative or upon the request of the organization
theretofore responsible for the maintenance of the common open space
and common property, call a public hearing upon 15 days' written notice
to such organization and to the owners of the development, to be held
by the Township, at which hearing such organization and the owners
of the development shall show cause why such maintenance by the Township
shall not, at the election of the Township, continue for a succeeding
year. If the Township shall determine that such organization is ready
and able to maintain the open space and property in reasonable condition,
the Township shall cease to maintain the open space and property at
the end of the year. If the Township shall determine that such an
organization is not ready and able to maintain the open space and
property in a reasonable condition, the Township may, in its discretion,
continue to maintain the open space and property during the next succeeding
year, subject to a similar hearing and determination in each year
thereafter.
(6)
The cost of such maintenance by the Township shall be assessed
pro rata against the properties within the development that have a
right of enjoyment of the common open space and common property in
accordance with assessed value at the time of imposition and be added
to and be a part of the taxes to be levied and assessed thereon, and
enforced and collected with interest in the same offices and in the
same manner as other taxes. In instances when a property within a
development is sold within an homeowner association's fiscal year,
the homeowners' association shall claim all unfulfilled responsibility
prior to settlement. Homeowners' association fees shall not be retroactive
to a new owner entering a homeowners' association.
(7)
The homeowners' association shall, on or before July 1 of each
and every year, furnish the Township Council with an annual report,
including but not limited to the present disposition of all common
areas and park areas owned, operated and maintained by the association.
The report shall also include a list of current officers, their addresses
and telephone numbers. The report shall contain a list of emergency
telephone numbers at which one or more officers of the association
can be reached by a Township official during any twenty-four-hour
period.
(8)
Provisions concerning the periodic election of homeowners' association
officers. It is recommended that officers having the authority to
access financial accounts be bonded.
F.
Developer 's responsibilities.
(1)
The developer shall be responsible for and tender regular payments
to the homeowners' association for all regular and customary homeowners'
association fees for undeveloped and/or unsold lots within the development
until such responsibility is transferred to another owner, who shall
then assume said responsibility.
(2)
The developer shall provide the Township with a detailed accounting
of the homeowners' association's calculated operational costs and
subsequent homeowners' association fees as supporting documentation
to the developer's agreement with the Township.
A.
Public facilities and service standards.
(1)
Traffic generation shall not exceed the available
capacities of the intersections providing public access to the planned
development.
(2)
The capacity of the sewer and water systems shall
be adequate to serve the projected demands of the planned development.
(3)
The provision for public services, control over vehicular
and pedestrian traffic and the amenities of light and air, recreation
and visual enjoyment shall be adequate.
C.
Natural environment standards.
(1)
Landscaped buffer strips of at least 50 feet in depth
and including trees and/or hedges shall be provided between different
types of land use and on the perimeter of the site.
(2)
All open space requirements in terms of acreage requirements
and design layout shall be achieved.
(3)
All environmentally sensitive areas of the project
site shall be incorporated into the common open space system.
D.
A planned development shall meet all other standards
contained in this section as well as all applicable regulations of
the zoning district or districts unless waived by the Planning Board.
A.
No junkyard, motor vehicle junkyard, salvage yard,
used building material junkyard, used rags, glass, paper and scrap
metal junkyards, recycling centers or other similar uses shall be
permitted in any zone except as a conditional use meeting the following
conditions:
(1)
No motor vehicles or junk shall be stored or dismantled
within 50 feet of any dwelling house except such dwelling house as
may be situated on the licensed premises.
(2)
Burning of junk or refuse material is prohibited.
[Amended 3-20-1985 by Ord. No. O-6-85]
(3)
Precaution shall be taken by each owner or operator
hereunder to safeguard all flammable, combustible or explosive materials
from fire, and no owner or operator shall stack, pile or place junk
upon the licensed premises in such manner as to create a fire hazard
or to create a place for the harboring or breeding of rats, mice or
vermin.
(4)
No junk shall be stacked, piled, placed or stored
nearer than 50 feet to the edge of the right-of-way of any public
road.
(5)
No junk shall be so stacked, piled or otherwise placed
within 10 feet of the side line of the licensed premises.
B.
Fencing regulations; installation.
(1)
All yards or places where such businesses are or shall
be conducted or where such materials are to be stored or kept shall
have the following type of fence installed:
(a)
The fence posts must be made of steel pipe of
at least 11/2 inches in diameter, or a steel material of the equivalent
strength of one-and-one-half-inch steel pipe.
(b)
Fence posts must be set in cement at no more
than 25 feet apart.
(c)
The fence must be made of steel wire of not
less than 10 gauge in strength and must be no larger than four by
four inches in mesh size.
(d)
The fence shall be at least six feet high.
(e)
The fence shall parallel the property line which
adjoins the primary road used for entering or leaving the business
establishment.
(f)
Clinging ivy-type vines or plants are to be
planted along the outside of the fence in such a manner that said
vines will eventually cover the fence.
(2)
The fence must be installed within 60 days of the
passage of the approval of the application, unless an application
is made to the Zoning Board of Adjustment for an extension of time,
based upon weather conditions.
D.
Storage requirements. All goods, articles, merchandise
or motor vehicles must be stored and kept within the enclosed fence
above-described, and not upon the sidewalk, street or any part thereof,
and no material shall be piled or placed so as to be visible above
said fence.
[Amended 3-3-1997 by Ord. No. O-7-97]
A.
Illumination levels.
(1)
General parking and walkways illumination.
(a)
Average maintained horizontal illumination at
ground level shall be as follows:
|
Level of Activity
|
Maximum Average
Footcandles
on Pavement
| |
|---|---|---|
|
Pedestrian walkways
|
10.0
| |
|
Bikeways
|
2.4
| |
|
(Self) Parking Lots
| ||
|
Residential (church, parks, etc.)
|
0.8
| |
|
Office/strip mall
|
2.4
| |
|
Shopping center/mall
|
4.0
| |
|
Covered (attendant) parking lot
|
5.0
| |
|
Car dealerships
|
5.0
| |
|
Service stations
| ||
|
Approach
|
1.5
| |
|
Driveways
|
1.5
| |
|
Pump island area
|
20.0
| |
|
Service area
|
3.0
| |
|
Golf driving range
| ||
|
Tee area
|
10.0
| |
|
At 180 meters (220 yards)
|
5.0
|
(b)
Luminaires. Light shields are to be used on
all lights to control glare. At no time shall the light source be
visible from adjacent properties. Shields are to be used to prevent
spillover onto adjacent properties and/or other areas where light
intrusion is unwanted. A maximum of 0.25 footcandles is permitted
at any property line and/or right-of-way line. (However, this does
not apply to points of ingress and egress for vehicles.)
(c)
Mounting height. The maximum mounting height
of a pole-mounted luminaire should be a maximum of 16 feet and a minimum
of 12 feet. The height of the pole is measured from the ground. The
concrete bases of any light poles, if exposed, should be finished
to be similar in color to the building facade.
(d)
Hours of operation. The lighting plan should
be designed to take into consideration providing lighting for the
hours of operation of the proposed use. The lights should be designed
so that they can be reduced or turned off when it is not necessary
to operate during primary hours. A timer may be necessary to regulate
the hours in which an area is lighted.
(e)
Spotlights. If used, spotlights should be placed
on buildings only as directed so as not to cause glare (a brief loss
of vision). They should be positioned at a maximum of 45º to
the building wall.
(f)
Bollard lights. Pedestrian scale bollard-type
lighting should be placed along walks and at building entrances. They
should be positioned in strategic locations in order to provide security
for the pedestrian.
(g)
Building lighting. The lighting of buildings
is discouraged other than for the means of identification (signs),
locating building entrance/exits and/or for the purpose of providing
security. Any proposed building lighting, including security lighting,
should be shown on the lighting plan in order to determine the effect
of glare, traffic safety and light pollution.
(h)
Lighting design. The lighting plan should be
designed so as to direct a pedestrian towards the primary entrance.
There should be a hierarchy of lighting intensity, with the lowest
point at the parking lot exterior and the greater illumination at
the building entrance.
(2)
Street illumination.
(a)
Street illumination should provide a hierarchy
of lighting that distinguishes between the level of use. The height
of luminaires, the level of lighting intensity and spacing of poles
should vary. The following is a guide for major subdivisions on major,
collector, and local streets (actual illumination may be varied based
on rural conditions, security, safety and other conditions specific
to the street):
|
Road and Area Classification
|
Footcandle
(average
minium)
|
Uniformity
Ratio
(average
minimum)
| |
|---|---|---|---|
|
Major
| |||
|
Commercial
|
1.2
|
3:1
| |
|
Intermediate
|
0.9
|
3:1
| |
|
Residential
|
0.6
|
3.5:1
| |
|
Collector
| |||
|
Commercial
|
0.8
|
3:1
| |
|
Intermediate
|
0.6
|
3.5:1
| |
|
Residential
|
0.4
|
4:1
| |
|
Local
| |||
|
Commercial
|
0.6
|
6:1
| |
|
Intermediate
|
0.5
|
6:1
| |
|
Residential
|
0.3
|
6:1
|
(b)
Streetlights should be installed by either the
developer and/or local utility company in locations approved by the
Municipal Engineer in accordance with the municipality's lighting
policy.
(c)
Streetlights in residential areas must be installed
at either end of all curves with a radius less than 350 feet or an
internal angle greater than 30º or at any location where there
is a change in horizontal alignment.
(d)
Streetlights in residential areas must be installed
with a minimum footcandle of 1.0 over the full area of each intersection.
(e)
The maximum footcandle level should not exceed
0.25 footcandles over the right-of-way line.
(f)
Light poles, if required, should be installed
on the same side of a straight roadway in order to reinforce the direction
of circulation alignment. A staggered layout should be discouraged.
(g)
If cobra-head-type of luminaire is proposed,
the recessed cobra luminaires should be used whenever possible.
(h)
The height of the luminaire should not exceed
25 feet.
(i)
Streetlights should be installed in any other
locations deemed necessary for safety reasons.
B.
Site plan information.
(1)
The following information must be provided on a designated
lighting plan which is to be prepared in conjunction with a landscape
plan to determine the correct location of canopy trees:
(a)
All existing lights within 100 feet of the site
in question, including location of all poles and luminaires.
(b)
A detail of the luminaires to be used, including
the lamp type, manufacturer and wattage.
(c)
Pole height and mounting height of the luminaire
and detail of the pole.
(d)
Photometric data should be shown on the plan
either with isolux lines illustrated up to 2.0, 1.0, 0.50 and 0.25
footcandle lines. The plan should note whether the lines are initial
or maintained.
(e)
All proposed and existing freestanding and wall-mounted
lights should be indicated.
A.
Building lot abutting street. No permit for the erection
of any building or structure shall be issued unless the lot abuts
a street giving access to such proposed building or structure. Such
street shall have been duly placed on the Official Map or shall be
an existing state, county or municipal street or highway, or a street
shown upon a plat approved by the Planning Board, or a street on a
plat duly filed in the office of the County Clerk prior to the passage
of an ordinance under this Act or any prior law which required prior
approval of plats by the governing body or other authorized body.
Before any such permit shall be issued, such street shall have been
certified to be suitably improved to the satisfaction of the Township
Council, or such suitable improvement shall have been assured by means
of a performance guaranty, in accordance with standards and specifications
for road improvements approved by the Township Council, as adequate
in respect to the public health, safety and general welfare of the
special circumstance of the particular street.
B.
Relaxation of abuttment requirement. Where the enforcement of Subsection A above would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the building or structure to be related to a street, the Zoning Board of Adjustment or Planning Board may, upon application or appeal, vary the application of Subsection A and direct the issuance of a permit subject to conditions that will provide adequate access for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the Official Map or on a general circulation plan element of the Municipal Master Plan [N.J.S.A. 40:55D-28b(4)].
(1)
Any application or appeal pursuant to this section shall be governed by § § 175-32, 175-33A(1), 175-30B and 175-33F and G of this chapter.
(2)
Lot dimensions and area shall not be less than the
requirements of the zoning provisions.
(3)
Insofar as is practical, side lot lines shall be either
at right angles or radial to street lines.
C.
As a rule, any new through lot with frontage on two
streets is prohibited. Reverse frontage lots will be permitted only
under the following conditions: where the length of the lot between
both streets is such that future division of the lot into two lots
is improbable and access shall be to the street with the lower traffic
function and the portion of the lot abutting the other street shall
be clearly labeled on the plat, and, in any deed, that street access
is prohibited; and only upon a finding by the Planning or Zoning Board
that the reverse frontage lot is unavoidable or desirable in that
instance.
[Amended 11-23-2004 by Ord. No. O-49-2004]
D.
Where extra width has either been dedicated or anticipated
for widening of existing streets, zoning considerations shall begin
at such new street line and all setbacks shall be measured from such
line.
E.
Two or more contiguous lots under the same ownership,
regardless of whether or not each may have been approved as portions
of a subdivision, acquired by separate conveyance, or by other operation
of law, and one or more of said lots should not conform to the minimum
area and/or dimension requirements for the zone in which it is located,
the contiguous lots shall be considered as a single lot, and the provisions
of this chapter shall hold.
F.
Whenever land has been dedicated or conveyed to the
Township by the owner of a lot in order to meet the minimum street
width requirements or to implement the Master Plan, and which lot
existed at the effective date of this chapter, the Construction Code
Official shall not withhold a building and/or occupancy permit when
the lot depth and/or area was rendered substandard due to such dedication
and where the owner has no adjacent lands to meet the minimum requirements.
G.
Where there is a question as to the suitability of
a lot or lots for their intended use due to factors such as poor drainage
conditions or flood conditions, where tests and/or borings show the
ground conditions to be inadequate for proper sewage disposal for
on-lot sewage treatment or similar circumstances, the Board may, after
adequate investigation, withhold approval of such lots and set forth
the reasons.
[Added 8-12-2003 by Ord. No. O-38-2003; amended 4-27-2004 by Ord. No. O-10-2004]
A.
Applicability. The requirements set forth herein shall
apply to the development of all lots within the Township of Monroe
for residential purposes. For developments where an overall grading
plan has already been reviewed and approved by either the Planning
Board or the Zoning Board of Adjustment, the review and approval of
an individual lot grading plan prior to the issuance of a building
is required. For the purposes of this section, the term “development”
shall mean the construction, reconstruction or relocation of any residential
structure; the enlargement of a residential structure resulting in
a land disturbance of 500 square feet or more; the construction or
placement of an accessory structure on a residential lot resulting
in a land disturbance of 500 square feet or more; and/or the construction
of an in-ground swimming pool on a residential lot. At the request
of the property owner, the Zoning Officer will request the Engineer
perform a site inspection to waive the within requirements with regard
to the construction of a single-family detached dwelling not related
to a development; the enlargement of a residential structure resulting
in a land disturbance of 500 square feet or more; the construction
or placement of an accessory structure on a residential lot resulting
in a land disturbance of 500 square feet or more; and/or the construction
of an in-ground swimming pool on a residential lot. Any proposed impervious
surface within five feet of a property line will require a lot grading
waiver application. The Engineer shall have the authority to waive
the within requirements, provided, in his opinion, it will not have
an adverse effect on adjacent lots. The determination of the waiver
shall cost $50.
[Amended 4-24-2007 by Ord. No. O-08-2007; 5-24-2021 by Ord. No. O:11-2021]
B.
The developer of a tract of land in the Township of
Monroe shall provide the following items for each lot proposed to
be developed:
(1)
Completed lot grading application, copies of
which may be obtained from the Township of Monroe Zoning Office;
[Amended 5-24-2021 by Ord. No. O:11-2021]
(3)
Completed lot grading checklist, included below
in Subsection J of this section; and
(4)
Five copies of a lot grading plan, signed and
sealed by an engineer licensed by the State of New Jersey, and containing
all information listed in the lot grading checklist.
(5)
In those instances where the lot grading application is related to a development, the applicant shall deposit a performance escrow in the amount of $2,000 per lot up to 25 lots within the subdivision. Under the circumstances wherein a subdivision is larger than 100 lots, the applicant shall be required to post $2,000 per lot for 25% of those lots contained therein. In addition, the applicant shall deposit an inspection escrow in the amount of $650 per dwelling unit. The performance and inspection escrow fees contained within this section shall be deposited in full at the time that the performance bond is accepted by the municipality. Subsection H, Fees, shall not apply to developments.
[Added 4-24-2007 by Ord. No. O-08-2007]
C.
Nothing contained herein shall prohibit the Engineer
from requiring a new overall grading plan for review and approval.
The developer shall be entitled to administrative review, if the plan
meets the performance standards contained herein, provided that the
proposed changes do not violate or create a conflict with the prior
approvals granted by the approving authority. If in the opinion of
the Engineer the revised grading plan substantially deviates from
the prior approval, the applicant shall be required to seek the approval
of the applicable board.
D.
Foundation location plan.
(1)
The State of New Jersey, through the Uniform
Construction Code, requires that a foundation location survey be submitted
to the Township Construction Official as soon as possible after the
installation of the foundation wall. Further, the final verification
of such a prior approval rests with the Construction Official. This
plan shall be prepared by a land surveyor licensed by the State of
New Jersey and show all building corners of the foundation. To confirm
that the top of block elevation conforms to the approved plan, the
permittee shall also submit a foundation location plan to the Engineer
for review. The foundation location plan shall contain the top of
block elevation.
(2)
Nothing in this section shall prohibit a permittee from commencing with framing prior to the submission of the foundation location plan to the Engineer but will instead be a matter to be resolved by the contractor prior to the issuance of the certificate of occupancy. However, since the permittee shall demonstrate conformance to the performance standards listed below in Subsection F prior to the issuance of the certificate of occupancy, it is recommended that the foundation location plan be submitted to the Engineer as soon after the installation of the foundation walls as possible.
E.
Final survey (as-built plan). A certificate of occupancy
shall not be issued until the permittee submits an accurate final
survey (as-built plan) to the Engineer for approval. The final survey
(as-built plan) shall be prepared by a New Jersey licensed professional
land surveyor. The purpose of the final survey (as-built plan) is
to ensure that the lot grading is in substantial conformance to the
approved plan and that the lot will adequately drain and have no adverse
impact on adjoining properties. The final survey (as-built plan) shall
be reviewed by the Engineer and determined to comply with the above
standards.
F.
Performance standards.
(1)
All grading shall be done in a manner that will
result in a no adverse impact to adjacent properties. Adjacent properties
with natural swales and/or wetlands must be evaluated to insure that
adequate capacity is available to accept the runoff from the site
being developed and graded. Whenever possible, the land shall be graded
in one of the following three methods:
(a)
The rear yard shall drain overland to the street
through side yard swales on either side of the house, located on the
common property lines with adjoining lots, and the front yard shall
drain directly to the street;
(b)
The rear yard shall drain and be collected in
a system of interior yard inlets and piping designed in accordance
with accepted standards, connected to the development’s overall
stormwater drainage system, and the front yard shall drain directly
to the street; or
(c)
The rear yard shall drain overland onto adjoining properties only as permitted by right, i.e., no net increase in rate of runoff or manner of flow or via an acceptable easement. The rear yard shall be graded to drain as required in Subsection F(1) above. The front yard shall drain directly to the street.
(2)
No more than three lots in a row shall be allowed
to drain through a swale unless protected by an acceptable easement.
The permittee shall confirm to the Engineer that any approved easement
has been properly conveyed and recorded and that it is not subject
or subordinate to any other interest that could extinguish it or otherwise
diminish its effectiveness.
(3)
The minimum slope for swales, lawns and disturbed
areas shall be 2%, 3% for rear yard swales, and for smooth, hard surfaces,
i.e., driveways, 1%.
(4)
Slopes shall not be steeper than three horizontal
to one vertical.
(5)
No grading shall occur within five feet of a property line unless necessary to direct drainage off or onto the property, and then into acceptable drainage facilities. All drainage directed off the property shall conform to the requirements listed in Subsection F(1) above.
(6)
The maximum grade for driveways shall be 10%.
(7)
The top of block elevation shall be a minimum
of six inches above the highest adjacent grade and shall be provided
on all grading plans. The notation of the finished floor alone is
not acceptable.
(8)
Grading within 10 feet of the dwelling shall
be in accordance with local building codes.
(9)
Retaining walls over three feet in height must
be designed and then reviewed and approved by the Engineer.
(10)
Topsoil moved during the course of construction
shall be redistributed so as to provide at least five inches of spread
cover to all seeded and planted areas of the development and shall
be stabilized by seeding or planting. Topsoil shall be reasonably
free of stone and contain no stones larger than two inches in any
dimension. In the event that the quantity of topsoil at the site is
insufficient to provide five inches of cover for all seeded and planted
areas, the permittee shall provide and distribute a sufficient quantity
of topsoil to provide such cover. The composition of any borrowed
topsoil shall be in accordance with New Jersey Department of Transportation
(NJDOT) standards and suitable for use in a residential setting.
(11)
Grading necessary to construct an in-ground
swimming pool shall not interrupt the existing and/or approved drainage
patterns. Finished deck elevations shall be set above the natural
grade occurring on the lot to prevent water from flowing into the
swimming pool.
(a)
The Engineer shall have the authority during the lot grading review
process to allow in-ground swimming pools to exceed the permissible
percentage of lot coverage if, in his/her opinion, it will not have
an adverse effect on adjacent lots.
[Added 5-24-2021 by Ord. No. O:11-2021]
(12)
The permittee may request a waiver of a particular
performance standard upon presentation of a reasonable justification.
The Engineer shall have the authority to review the request and issue
an administrative change, provided it does not violate the intent
of the ordinance.
G.
[1]All conditions and requirements herein shall be consistent
with the Pinelands Stormwater Management Standards as set forth in
the Pinelands Comprehensive Management Plan and any standard adopted
thereto.
[1]
Editor's Note: Former Subsection G, Performance
bond and inspection escrow, was repealed 4-24-2007 by Ord. No. O-08-2007.
This ordinance also redesignated former Subsections H through J as
G through I, respectively.
I.
All of the requirements for the control of grading
and drainage of residential lots shall be required to adhere to the
following checklist.[2]
[2]
Editor's Note: Said checklist is included at the end of this chapter.
No trailer, auto trailer, trailer coach, travel
trailer, mobile home or camper shall be used for dwelling purposes
or as sleeping quarters for one or more persons, nor shall any such
trailer or camper be used for storage or space for the permanent conduct
of any business, profession, occupation or trade, except that such
facilities may be used for temporary residency for the emergency replacement
of a damaged dwelling unit and for temporary use as a construction
office located on a site during construction, provided that a temporary
permit has been issued for its use by the Building Inspector. This
section shall not be construed so as to prohibit the parking or storage
of such trailers and campers on private premises or the recreational
use of the same in campgrounds in conformance with all applicable
ordinances and codes. This section does not apply to the use of mobile
homes in duly licensed mobile home parks.
Monuments shall be the size and shape required
by N.J.S.A. 46:23-9.12 of the Map Filing Law, as amended, and shall
be placed in accordance with said statute and indicated on the final
map.
A.
Natural features such as trees, hilltops and views
shall be preserved whenever possible. On individual lots, care shall
be taken to preserve selected trees and shrubs to enhance soil stability
and the landscape treatment of the area. All development shall conform
to all other standards of this article relating to natural environmental
resources.
B.
Performance guaranties may be required to complete
improvements to lands to be deeded to the Township.
Manufactured homes 22 feet and greater in width
shall be permitted in residential districts subject to the bulk requirements
for detached units in those districts.
A.
Any lawful use of land, buildings or structures existing
at the time of this chapter may be continued upon the lot or in the
structure although the use may not conform to this chapter. Any such
structure may be restored or repaired in the event of partial destruction
thereof; provided, however, that none shall be enlarged, extended,
relocated, converted to another use or altered, except in conformity
with this chapter and except as permitted below.
B.
Size reduction. Any lot on which a nonconforming use
or structure is located and any vacant nonconforming lot shall not
be subdivided or resubdivided so as to be made more nonconforming
in any manner, nor shall it be reduced in size.
C.
Conversion to permitted use. Any nonconforming building,
structure or use may be changed to conform to this chapter, but shall
not be changed back to a nonconforming status.
D.
Maintenance. Maintenance may be made to a nonconforming
use, structure or lot, provided that the maintenance 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 nonconformity in any manner.
E.
Restoration and repair.
(1)
If repair or restoration is needed to a nonconforming
structure or a structure containing a nonconforming use and if the
value of repairing the condition is greater than 50% 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 use variance and/or any other required variances.
(2)
Where the value of repairing the conditions is determined
to be less than 50% of the value of replacing the entire structure,
the nonconforming structure or use may be rebuilt and used for the
same purpose as before, provided that it does not exceed the height,
area and bulk of the original structure.
(3)
The percent damaged or condemned shall be the current
replacement costs of the portion damaged or condemned, computed as
a percentage of the current replacement cost of the entire structure,
not including the cost of the foundation unless the foundation is
damaged or condemned.
(4)
A nonconforming structure may be enlarged, extended,
constructed or structurally altered if such alteration or enlargement
neither increases the existing nonconformity nor creates a new violation.
F.
Sale. Any nonconforming use, structure or lot may
be sold and continue to function in the same or substantially similar
nonconforming manner.
G.
Abandonment. A nonconforming use, structure or lot
shall be deemed to have been abandoned, thereby extinguishing any
right to continue the use, structure or lot as nonconforming, when
there exists the concurrence of an intention by the property owner
to abandon, and an external act (or omission to act) by which such
intention is carried into effect.
A.
Access to and from lots. Drives shall be limited to
a maximum of two to any street, except when the frontage of a property
along any one street exceeds 500 feet, the number of drives to that
street may be based on one drive for each 250 feet of property frontage.
Each drive shall be at least 50 feet or 1/2 the lot frontage, whichever
is greater, but need not exceed 300 feet from the street line of any
intersecting street, and be at least 10 feet from any property line.
The width of the curb cut shall be determined by the type of traffic.
Driveways with widths exceeding 25 feet shall be reviewed by the approving
authority, giving consideration to the width, curbing, direction of
traffic flow, radii of curves and traffic land divider. Curbing shall
be either depressed at the driveway or have the curbing rounded at
the corners, with the access drive connected to the street in the
same manner as another street.
B.
Access to parking and loading spaces. Individual parking
and loading spaces shall be served by on-site aisles designed to permit
each motor vehicle to proceed to and from each parking and loading
space without requiring the moving of any other motor vehicle. Where
the angle of parking is different on both sides of the aisle, the
larger aisle width shall prevail.
C.
Buffers. Parking and loading areas, especially commercial
and industrial uses, shall be buffered from adjoining streets, existing
residential uses or any residential zoning district in a manner meeting
the objectives of the buffer section of this chapter.
D.
Curbing. All off-street parking areas containing 20
or more spaces and all off-street loading areas shall have concrete
curbing around the perimeter of the parking and loading areas and
to separate major interior driveways to separate them from the parking
and loading spaces. Curbing may also be installed within the parking
or loading areas to define segments of the parking or loading areas.
Concrete wheel blocks may be located in conjunction with an overall
drainage plan. Curbing installed at locations requiring pedestrian
access over the curbing shall be designed to have ramps from the street
grade to the sidewalk. The breaks shall be either opposite each aisle
or no less frequent than one every 65 feet along the curb.
E.
Dimensions.
(1)
Off-street parking spaces shall be 10 feet wide and
a minimum of 20 feet in length. The Planning Board may reduce the
width to nine feet and the length to 18 feet if the applicant can
demonstrate parking space design adequacy. In any event, in parking
lots containing more than 10 spaces, a minimum of one space shall
be a minimum of 12 feet wide; and for parking lots with more than
20 spaces, 5% of all spaces, but not more than 10 spaces, shall be
12 feet wide. These wider spaces shall be located in one area and
designated as parking for the handicapped. They shall be located so
that access does not require wheeling or walking behind parked cars.
[Amended 8-22-2006 by Ord. No. O-33-2006]
(2)
For parking spaces 10 feet wide.
|
Angle of
Parking Space
|
One-Way Aisle
(feet)
|
Two-Way Aisle
(feet)
| |
|---|---|---|---|
|
90º
|
20
|
24
| |
|
60º
|
20
|
24
| |
|
Parallel
|
16
|
20
|
(3)
Off-street loading spaces shall be provided of sufficient
size and location as to accommodate the largest vehicle anticipated,
and said area shall be clearly designated as such.
F.
Drainage.
(1)
All parking and loading areas shall have drainage facilities installed in accordance with good engineering practice as approved by the Municipal Engineer and in accordance with the provisions of § 175-140 of this chapter. Where subbase conditions are wet, spongy or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least six to 12 inches, as conditions dictate, below the proposed finished grade and filled with a suitable subbase material as determined by the Board Engineer.
(2)
Where required by the Engineer, a system of porous
concrete pipe subsurface drains shall be constructed beneath the surface
of the paving and connected to a suitable drain. After the subbase
material has been properly placed and compacted, the parking area
surfacing material shall be applied.
G.
Surfacing shall be approved as part of the plan approval.
Unless determined by the Board Engineer that site conditions or anticipated
traffic warrant an increased paving section, all loading and parking
spaces, aisle and driveway areas shall be paved with a minimum of
two inches of compacted wearing surface of bituminous concrete (FABC)
and constructed thereon in accordance with Division 3, Section 10,
of the Department of Transportation Specifications, and amendments
thereto. A six-inch gravel base shall be provided.
H.
Landscaping in parking and loading areas shall be
shown on the site plan. Trees shall be staggered and/or spaced so
as not to interfere with driver vision, have branches no lower than
six feet, and be placed at the rate of at least one tree for every
20 parking spaces. All areas between the parking area and the building
shall be landscaped with trees, shrubs and ground cover to the maximum
extent feasible to the satisfaction of the approving authority. Any
plantings which do not live shall be replaced within one year or one
season. A majority of the parking areas for more than 50 cars shall
be obscured from streets by buildings, landscaped berms, natural ground
elevation or plantings, singularly or in combination.
I.
Minimum loading requirements. Adequate off-street
loading and maneuvering space shall be provided for every retail or
wholesale, commercial and/or industrial use. The following standards
shall be applied:
(1)
There shall be a minimum of one space per retail or
wholesale commercial and/or industrial use, except that where more
than one use shall be located in one building or where multiple uses
are designed as part of a shopping center or similar self-contained
complex; the number of loading spaces shall be based on the cumulative
number of loading spaces based on the number of square feet within
the building or complex; dispersed throughout the site to best serve
the individual uses; and have site plan approval.
(2)
There shall be a minimum of one trash/garbage pickup
location separate from the parking and loading areas and located either
within or outside a building in steel-like totally enclosed container(s)
located and screened to be obscured from view from parking areas,
streets and adjacent residential uses or residential zoning districts.
If located within the building, the doorway(s) may serve both the
loading and trash/garbage collection functions. If a container used
for trash/garbage collections function is located outside the building,
it may be located adjacent to or within the general loading area(s),
provided that the container(s) in no way interferes with or restricts
the loading and unloading functions.
(3)
For every retail and wholesale commercial and/or industrial
building, structure or part thereof having over 10,000 square feet
of gross floor area erected and occupied, there shall be provided
at least one truck standing, loading and unloading space on the premises.
Buildings that contain in excess of 15,000 square feet of gross floor
area shall be required to provide additional off-street loading space
as determined by the Planning Board during site plan review.
(4)
Access to truck standing, loading and unloading areas
may be provided directly from a public street or alley or from any
right-of-way that will not interfere with public convenience and will
permit orderly and safe movement of trucks.
(5)
Unless otherwise permitted, fire zones shall not be
used as standing, loading or unloading areas.
(6)
Loading areas, as required under this section, shall
be provided in addition to off-street parking spaces and shall not
be considered as supplying off-street parking spaces.
(7)
No off-street loading and unloading area shall be
permitted in any required front yard areas.
J.
Minimum parking requirements shall be as follows:
(1)
Automotive repair garage or body shop: one parking
space for each 400 square feet of gross floor area.
(2)
Automotive sales and service. One parking space for
each 400 square feet of gross floor area shall be provided for customer
and employee parking. These areas shall be in addition to areas utilized
for display and storage of vehicles. Site plans shall specify which
parking spaces are designated for customers, employees, display and
storage.
(3)
Automotive service station: five parking spaces for
each service bay, exclusive of vehicle service area. In no instance
shall there be less than five off-street parking spaces.
(4)
Banks, savings and loan associations and similar financial
institutions: one parking space for each 200 square feet of gross
floor area.
(5)
Bar, cocktail lounge or nightclub, including restaurant
with bar: one parking space for each 50 square feet of gross floor
area.
(6)
Barbershop and beauty shop: three parking spaces for
each chair, but not less than one parking space per 200 square feet
of gross floor area.
(7)
Bowling alley: five parking spaces for each lane.
Other commercial uses within the same building will be computed separately
in accordance with this section.
(8)
Business office: one parking space for each 200 square
feet of gross floor area.
(9)
Car wash: five parking spaces for employees plus off-street
storage (stacking) space equal to at least five times the number of
cars that can be in the wash process at one time. For self-wash or
self-service car washes, the requirement for employee parking shall
be eliminated.
(10)
Church, temple, chapel or synagogue: one parking
space for each four seats in the main congregation seating area. Where
no individual seats are provided, 20 inches of bench shall be considered
as one seat. Where seats or benches are not provided or are provided
only in a portion of the main congregation seating area, one parking
space for each 50 square feet of floor area within the main congregation
seating area.
(11)
Community center, library, museum or art gallery:
one parking space for each 200 square feet of gross floor area.
(12)
Community club, private club or lodge: one parking
space for each 100 square feet of gross floor area.
(13)
Convalescent home, nursing home or rest home:
one parking space for each two beds based on its licensed bed capacity.
(14)
Meeting rooms, assembly or exhibition hall:
one parking space for each 50 square feet of gross floor area.
(16)
Dental or medical offices: one parking space
for each 100 square feet of gross floor area, except that if located
within a building housing three or more separate, unassociated practitioners,
the requirement shall be one parking space for each 150 square feet
of gross floor area.
(17)
Drive-in restaurant: one parking space for each
35 square feet of gross floor area.
(18)
Driving range or miniature golf: one parking
space for each tee or hole.
(19)
Farmers market or auction market: one parking
space for each 1,000 square feet of land area in the site.
(20)
Furniture, appliance store or similar types
of uses requiring large amounts of storage: one parking space for
each 400 square feet up to 4,000 square feet, plus one parking space
for each 800 square feet of gross floor area above 4,000 square feet.
(21)
Government office: to be determined by the Planning
Board, except governmental offices within privately owned buildings
shall provide a minimum of one parking space for each 150 square feet
of gross floor area.
(22)
Hardware or auto supply store: one parking space
for each 400 square feet of gross floor area.
(23)
Hospital (general, mental, sanatorium): one
parking space for each two beds based on its licensed capacity.
(24)
Hotel or motel: one parking space for each rental
unit. Each commercial use within the building shall be computed separately
according to the requirements for such use set forth herein. The Planning
Board may allow up to 50% of the required parking for commercial uses
in the hotel or motel to be satisfied by guest room parking.
(25)
Laundromats or similar coin-operated cleaning:
one parking space for each 200 square feet of gross floor area.
(26)
Manufacturing or industrial establishment, research
or testing laboratory, bottling plant or similar uses: one parking
space for each 500 square feet of gross floor area.
(27)
Mortuary or funeral home: one parking space
for every 100 square feet of gross floor area.
(28)
Nursery school, day camp or similar uses: one
parking space for each 500 square feet of gross floor area.
(29)
Professional office: one parking space for each
200 square feet of gross floor area.
(30)
Public and private utilities, electrical substation,
gas regulator, waterworks, pumping station and similar facilities:
to be determined by the Planning Board based on the specific need
of the use.
(31)
Restaurant, cafe or diner: one parking space
for each 50 square feet of gross floor area.
(32)
Recreation facilities. Those not specifically
mentioned herein shall be determined by the Planning Board.
(33)
Retail store, except otherwise specified: one
parking space for each 150 square feet of gross floor area.
(34)
Studio, art, music, dance, gymnastics and similar
uses for the purpose of giving instructions rather than shows or exhibitions:
one parking space for each 100 square feet of gross floor area.
(36)
Shopping center: 5.0 parking spaces for each
1,000 square feet of gross floor area.
(37)
Theater: one parking space for each 35 square
feet of gross floor area.
(38)
Veterinary clinic or hospital or animal-care
facilities: one parking space for each 400 square feet of gross floor
area.
(39)
Warehouse, wholesale, machinery or large equipment
sales: one parking space for each 1,500 square feet of gross floor
area plus one parking space for each vehicle used in connection with
the business.
(40)
Computed parking requirements may be reduced
up to 20% upon a showing of good cause, and provided that these spaces
may be located on site if necessary at a later date.
(41)
Planned large-scale anchor store development:
4.0 parking spaces for each 1,000 square feet of gross floor area.
[Added 8-22-2006 by Ord. No. O-33-2006]
K.
Location of parking and loading areas.
(1)
Loading spaces shall be located on the same lot as
the use being served, may abut the building being served rather than
requiring a setback from the building and shall be located to directly
serve the building for which the space is being provided. Parking
spaces shall be located to directly serve the building for which the
space is being provided. No off-street parking or loading space shall
have direct access from a street.
[Amended 9-8-2009 by Ord. No. O:25-2009]
(2)
No loading or parking spaces shall be located in any
required buffer area.
(3)
Parking spaces located to serve residential uses shall
be within 150 feet of the entrance of the building and within 300
feet of commercial/industrial uses.
(4)
No parking shall be permitted in fire lanes, streets,
driveways, aisles, sidewalks or turning areas.
(5)
Parking areas for nonresidential uses shall be set back a minimum of 20 feet from the right-of-way and shall be set back a minimum of 10 feet from any adjacent nonresidential property line. Where said parking area abuts lots zoned for residential use, or upon which is located a residential use, the minimum parking area setback shall be increased to 15 feet. Where buffer setbacks as set forth in Article XIV of this chapter exceed the setbacks contained herein, the minimum setback shall be the greater dimension.
[Added 2-8-2000 by Ord. No. O-4-2000]
A.
An applicant or developer, as a condition for approval of a subdivision or site plan, shall be required to pay his pro rata share of the cost of providing only reasonable and necessary street improvements and water, sewage and drainage facilities, and easements therefor, located outside the property limits of the subdivision or development but necessitated or required by construction or improvements within such subdivision or development. Such cost distributed shall be based on circulation and comprehensive utility service plans pursuant to § § 175-13A(2)(d) and (e) [N.J.S.A. 40:55D-28b(4) and (5)], respectively. Fair and reasonable standards shall be used to determine the proportionate or pro rata amount of the cost of such facilities that shall be borne by each applicant/developer or owner within a related and common area. These standards shall not be altered subsequent to preliminary approval.
B.
Where an applicant/developer pays the amount determined
as his pro rata share under protest, he shall institute legal action
within one year of such payment in order to preserve the right to
a judicial determination of the fairness and reasonableness of such
amount.
C.
Improvements to be constructed at the sole expense
of the applicant. In cases where the need for an off-site improvement
is created by the proposed subdivision and where no other property
owners receive a special benefit thereby, the Planning Board may require
the applicant, as a condition for subdivision approval and at the
applicant's expense, to acquire lands outside of the subdivision and
improve and dedicate such lands to the Township or the county or,
in lieu thereof, require the applicant to deposit with the Township
a sum of money sufficient to allow the Township to acquire and to
improve such lands, subject to and in furtherance of the terms and
provisions of this chapter.
D.
Other improvements.
(1)
In cases where the need for any off-site improvement
is created by the proposed subdivision and where the Planning Board
determines that properties outside the subdivision will also be benefited
by the improvement, the Planning Board shall forthwith forward to
the Township Council a list and description of all such improvements
together with its request that the Township Council determine and
advise the Board of the procedure to be followed in the construction
of installation thereof.
(2)
The Township Council, after receipt of said list and
description, shall determine and advise the Planning Board whether:
(a)
The improvement or improvements are to be constructed
or installed by the Township:
[1]
As a general improvement, the cost of which
is to be borne at general expense, except as hereinafter otherwise
provided as to a contribution thereto by the applicant; or
[2]
As a local improvement, all or part of the cost
of which is to be specifically assessed against properties benefited
thereby in proportion to benefits conferred by the improvements in
accordance with Chapter 56 of Title 40 of the Revised Statutes, except
as hereinafter otherwise provided as to a contribution thereto by
the applicant; or
(b)
The improvement or improvements are to be constructed
or installed by the applicant under a formula for partial reimbursement
as hereinafter set forth.
(3)
If the governing body shall determine that the improvement or improvements shall be constructed or installed under Subsection D(2)(a)[1] hereinabove, the Planning Board shall estimate, with the aid of the Board Engineer or such other persons as have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the subdivision, will be specifically benefited thereby, and the applicant shall be liable to the Township for such excess. Further, the Township Council shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements in a manner consistent with the obligation of the applicant any excess of total cost over total benefits conferred, as set forth above.
(4)
If the Township Council shall determine that the improvement or improvements shall be constructed or installed under Subsection D(2)(a)[2] hereinabove, the Planning Board shall, as provided in Subsection D(3) hereinabove, estimate the difference between the total costs to be incurred and the total amount by which all properties to be benefited thereby, including the subdivision property, will be specially benefited by the improvement, and the applicant shall be liable to the Township therefor, as well as for the amount of any special assessments against the subdivision property, for benefits conferred by the improvement or improvements. Further, the Township Council shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements and the assessment of benefits arising therefor in a manner consistent with the obligation of the applicant with respect thereto; and proceedings under said ordinance shall be in accordance with Chapter 56 of Title 40 of the Revised Statutes, except to the extent modified by the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above.
(5)
If the Township Council shall determine that the improvement or improvements are to be constructed or installed by the applicant under Subsection D(2)(b) hereinabove, the Planning Board shall in like manner estimate the amount of such excess, and the applicant shall be liable to the Township therefor as well as for the amount of any special assessments against the subdivision property for benefits conferred by the improvement or improvements. However, the applicant shall be entitled to be reimbursed by the Township for the amount of any special assessments against property other than the subdivision property for benefits conferred by the improvement or improvements, such reimbursement to be made if, as and when the special assessments against such other property are received by the Township. Further, the Township Council shall adopt an ordinance authorizing and providing for the assessment against all properties, including the subdivision, of benefits conferred by the improvement or improvements; and proceedings under said ordinance shall be in accordance with Chapter 56 of Title 40 of the Revised Statutes. However, any such assessment against the subdivision property shall be marked paid and satisfied in consideration of the construction or installation of the improvement or improvements by the applicant.
(6)
If the Township Council shall not adopt such an ordinance
or resolution within said time, the final subdivision shall be designed
accordingly, and the Planning Board shall thereupon grant or deny
final approval.
[Amended 10-3-1988 by Ord. No. O-19-88; 12-5-1988 by Ord. No. O-27-88; 5-21-1990 by Ord. No. O-11-90; 12-17-1990 by Ord. No. O-31-90; 7-21-1992 by Ord. No.
O-27-92; 8-12-1997 by Ord. No. O-42-97; 10-23-2001 by Ord. No. O-31-2001; 4-22-2003 by Ord. No. O-9-2003; 7-8-2003 by Ord. No. O-23-2003; 9-23-2003 by Ord. No.
O-44-2003; 4-22-2004 by Ord. No. O-9-2003; 4-27-2004 by Ord. No. O-11-2004; 7-27-2004 by Ord. No. O-29-2004; 4-24-2007 by Ord. No. O-13-2007; 8-26-2008 by Ord. No.
O:28-2008; 5-28-2019 by Ord. No. O:15-2019]
A.
These general requirements apply only to planned unit developments
located throughout the Township.
(1)
Prior to preliminary approval, the applicant shall submit, for
approval by the Township Planner, manufacturer's descriptive data
and supporting information for all park and recreation equipment and
playground apparatus.
(2)
In the designation of common open space areas, consideration
shall be given to providing for continuity of open space between sections
of a development and between open space within a development and open
space on adjacent lands. Open space shall be distributed throughout
the development so that there is a hierarchy of activities from preservation
areas to passive open space adjacent to and between each residential
cluster. Designating all open space in one portion of a development
is discouraged.
(3)
Usable recreation space should be provided for active recreation
within 1/4 mile of all units. Part of this recreation component may
consist of a lake or pond having a constant water level, but excluding
therefrom detention and retention basins. Any larger preservation
spaces shall be contiguous to and directly related to dwelling structures.
Usable recreation space may be improved with facilities for swimming
pools, tot-lots, playgrounds and quiet outdoor sports such as, but
not limited to, tennis, paddle tennis, golf, baseball, basketball,
soccer, lacrosse and the like and accessory buildings such as clubhouses
and pavilions. The approving authority shall have complete and final
determination as to the adequacy, usefulness and functionability of
lands set aside for open spaces.
(4)
Recreational facilities should be operated for the benefit of
the residents of the development. They should not be commercial enterprises
open to anyone who pays a fee.
(5)
Common open space for recreational purposes shall be provided only in planned unit developments located throughout the Township in an amount as required by Article XIV, Zoning, and by this section, where applicable. The developer shall improve this area for active and passive recreation as specified herein. Plans for the improvement of this recreation area shall be an integral component of any preliminary plat and final construction drawings for any major subdivision or residential site plan.
(6)
The developer shall have the option to except in planned unit developments, to post an assessment in an amount calculated pursuant to Subsection H if he or she determines that the on-site construction of active recreation facilities and/or provisions of open space for passive recreation would result in a loss of potential dwelling units on the subject parcel.
(7)
The common open space shall be easily accessible from all parts
of the development and shall include, at a minimum, all floodplain
and wetland areas; provided, however, areas of floodplains, wetlands,
wetlands buffers up to 50 feet or stormwater basins may not be counted
for more than 50% of the required open space.
(8)
Notwithstanding the minimum area requirements for open space and recreation in Article XIV, Zoning, the following minimum requirements shall be met. Such open space areas shall be developed with appropriate recreational facilities sufficient to meet the needs of the residents of the proposed development. These areas shall provide recreational opportunities based on the following formula: eight acres for each 1,000 persons or fraction thereof as developed recreation, plus 5% of the gross site area for undeveloped (passive) recreation.
(9)
Where feasible, the common open space shall connect to existing
Township park, recreation or conservation lands or connect into an
adjacent development's common open space. Public pedestrian and/or
bicycle paths shall be included in the open space whenever feasible
and shall be designed to connect into a larger-scale Township system
if applicable or feasible.
(10)
There should be a close visual and physical relationship between
open space and as many dwelling units as is reasonably possible. Open
space areas should weave between dwelling units generally respecting
a minimum width of 50 feet and periodically widening out into significant
and usable recreation areas.
B.
Distribution requirements applicable to planned unit developments. The common open space requirements as required by Article XIV, Zoning, shall be distributed generally as outlined below:
|
Minimum Distribution Percentages of Open Space (expressed as
percent of gross tract area)
| ||
|---|---|---|
|
Recreation Feature
|
When at least 50% open space required
|
When less than 50% open space required
|
|
In usable recreation facilities as set forth in this section
|
15%
|
10%
|
|
In natural features, significant wooded areas, vegetation and
in other usable open space which shall be defined as lands other than
in channels, floodways or water bodies whether used for recreation,
retention or detention purposes
|
15%
|
N/A
|
|
In lands excluded in the above entry
|
10%
|
N/A
|
C.
Open space/recreation design guidelines.
(1)
An effective open space system should tie together a number
of diverse recreational activity areas with adequate pedestrian pathways
and auto/bicycle access for the residents it is intended to serve.
As many homes as possible should have direct access to the open space
of a development. Developed open space generally should not be isolated
in one corner of a project.
(2)
Active recreation should be visibly close but shall not interfere
with the privacy of adjacent residents. It should be designed to accommodate
the recreation needs of the project's intended age groups.
D.
Recreational facilities. In all residential developments which require
recreational facilities, the developer shall install, as a minimum,
the following recreational facilities on the land which has been set
aside for recreational purposes. The approving authority may, at its
discretion, alter the schedule of active recreation facilities required,
or require equivalent facilities.
|
Dwelling Units
|
Lots1
|
Tot Courts1
|
Tennis Courts2
|
Basketball Grounds2
|
Play Fields3
|
Multi-purpose
|
Play Grounds
|
Neighbor- hood Park
|
|---|---|---|---|---|---|---|---|---|
|
1 to 9
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
|
10 to 50
|
—
|
1
|
—
|
—
|
—
|
—
|
—
|
—
|
|
51 to 150
|
—
|
1
|
1
|
1
|
—
|
—
|
—
|
—
|
|
151 to 200
|
—
|
2
|
2
|
1
|
—
|
—
|
—
|
—
|
|
201 to 250
|
—
|
2
|
2
|
1
|
1
|
1
|
—
|
—
|
|
251 to 350
|
—
|
2
|
3
|
1
|
1
|
1
|
—
|
—
|
|
351 to 450
|
—
|
2
|
4
|
1
|
1
|
1
|
1
|
—
|
|
850 plus
|
—
|
4
|
8
|
4
|
2
|
2
|
2
|
1
|
|
NOTES:
| |
|
1
|
Plus one for every 100 additional units.
|
|
2
|
Plus one for every 300 additional units.
|
|
3
|
Plus one for every 400 additional units.
|
(1)
Tot-lots. Tot-lots shall be a minimum of 5,000 square feet,
excluding areas required for fencing, buffering or walkways and shall
contain, as a minimum, the following improvements:
(a)
Four-foot-high chain-link fence with gate or other buffering
or screening bordering residential properties and roadways.
(b)
Two benches, each to be eight feet long and constructed of aluminum.
(c)
Two table and bench sets.
(d)
Ground cover shall be in accordance with the requirements of
the New Jersey Uniform Construction Code, Playground Safety Subcode.
(e)
One swing set with four swings, two of which shall be tot swings,
one tot chair and one slashproof belt seat 2 3/8 inches outside
diameter; legs and top rails with 2 7/8 inches outside diameter
fittings, eight feet in height.
(f)
One single-platform whirl seven feet eight inches in diameter.
(g)
Two saddle mates with metal "c" springs.
(h)
One climber, two feet by 12 feet, with a height of approximately
four feet seven inches.
(i)
One sandbox, 15 feet by 15 feet.
(j)
One slide, two feet by 14 feet, with a height of approximately
six feet, and must have wraparound top rails with nonskid steps.
(k)
One trash receptacle with retractable bottom, ten-gallon capacity,
green in color.
(2)
Playgrounds. Playgrounds shall be not less than three acres
in size, excluding areas required for fencing, buffering or walkways,
and shall contain, as a minimum, the following improvements:
(a)
Not fewer than one tot-lot as defined above.
(b)
Not fewer than one play lot which shall contain, as a minimum,
the following improvements:
[1]
One heavy-duty swing set with legs and top rail not less than
2 3/8 inches outside diameter and with two-and-seven-eighths-inch
fittings. The swing set is to be at least 10 feet in height with not
fewer than four slash-proof belt-type seats.
[2]
One bicycle rack not less than 10 feet in length, of aluminum
construction or such other materials as may be approved by the Township
Planner.
(c)
Playing fields and courts.
[2]
Football and soccer fields may share all or portions of the
same open area.
[3]
Baseball and softball fields may share portions of the same
open area.
[4]
Where playing fields as noted above share all or portions of
the same area, the layout of such fields shall be subject to the approval
of the Township Planner.
(3)
Tennis courts. Tennis courts shall be of regulation size and
in all cases shall be constructed in pairs (two courts) and shall
be constructed as follows:
(a)
The courts shall be four inches of bituminous stabbed base on
a properly prepared subgrade as set forth by the Township Engineer,
on 1.5 inches of FABC leveling course, and a one-and-one-half-inch
SP-1 vinyl latex top course and shall be color-coated with light green
for the in-play and brick red for the out-of-play.
(b)
There shall be one set of ground sockets set in concrete on
each court.
(c)
There shall be one set of tennis posts 3 1/2 inches outside
diameter with heavy-duty nylon tennis nets on each court.
(d)
There shall be one reel per court.
(e)
Tennis courts shall be surrounded with a twelve-foot-high green
vinyl chain link fence with entrance gate and buffered planting as
designated by the Township Planner.
(f)
There shall be nightlighting with timers at courts to be designated
by the Township Planner.
(g)
One bench eight feet in length and constructed of aluminum shall
be installed at each court.
(4)
Basketball courts. Basketball courts shall be a minimum size
of 50 feet by 84 feet and shall contain, as a minimum, the following
requirements:
(a)
Two fan-shaped aluminum basketball backstops.
(b)
Two four-and-one-half-inch outside diameter basketball posts
with forty-eight-inch extension.
(c)
Two double-ring and double-brace goals with metal nets.
(d)
Four inches of bituminous stabbed base course on a properly
prepared subgrade as set forth by the Township Engineer, 1.5 inches
of FABC leveling course, and a one-inch SP-1 vinyl latex top course.
(e)
Nightlighting with timers at courts as designated by the Township
Planner.
(5)
Baseball or softball fields. The baseball/softball fields shall
have a minimum slope of 2% and not to exceed 3%, with grading to be
approved by the Township Engineer, and shall contain, as a minimum,
the following requirements:
(a)
Baseball/softball field combinations should conform to the recommended
standards in design.
(b)
There shall be one backstop with four panels: two ten-foot back
panels and two side panels 10 feet high with complete overhang over
the back and side panels.
(c)
There shall be two side fences, four feet high and 20 feet long,
with chain link fencing on both sides of the side panels.
(d)
There shall be two fifteen-foot-long players' benches, constructed
of aluminum.
(e)
The infield should be covered with infield dirt as required
by the Township Engineer.
(6)
Football/soccer fields. Football/soccer fields should be a minimum
of 1 3/4 acres and shall have a minimum of 2% slope and not to
exceed 3% slope and shall be approved by the Township Engineer. All
fields should be designed so as to face north to south and should
contain, as a minimum, the following requirements:
(7)
Multipurpose fields. Multipurpose fields shall be a minimum
size of 250 feet by 420 feet, exclusive of area required for fencing,
screening, buffering and parking facilities or other ancillary facilities,
and shall contain, as a minimum, the following improvements:
(8)
Pedestrian, bicycle and fitness trails.
(a)
Pedestrian and bicycle trails when constructed as one trail
shall be a minimum of six feet wide. Fitness trails are to be a minimum
of three feet wide. Trails should be constructed free of branches
or other obstructions, are to have a minimum slope of 2% and should
follow the contour of the area where possible. Trails should be constructed
of two-inch FABC-1 surface course over six inches of quarry blend.
Paths should generally follow ground contours, streams, lakes, ponds
or other natural features and shall have a destination. When crossing
roadways in a development, appropriate depressed curbing, signs and
crosswalk striping shall be provided.
(b)
Walkways and bicycle paths shall have information signs. If
trails are designed to be specifically used for bicycles, then a sign
marked with the international bicycling symbol shall be used. The
path system shall meet the following requirements:
[1]
Fitness trails shall be a twenty-piece unit with information
signs explaining use of each apparatus (wooden units).
[2]
Pedestrian walkways shall have one aluminum park bench, six
feet in length, for every 1/2 mile.
[3]
Information signs shall be placed at various points of interest
along the trail.
(9)
Neighborhood parks. A neighborhood park shall be a minimum of
seven acres. Included in the minimum acreage is fencing, screening,
buffering and landscaping bordering residential properties or any
roadway and shall contain, as a minimum, the following requirements:
(a)
Tot-lot: one fully enclosed with four-foot-high chain link fence,
one entrance gate.
(b)
Playground: one.
(c)
Multipurpose paved courts: two basketball and two tennis courts.
(d)
Multipurpose field: one baseball/softball and one combination
football/soccer field.
(e)
Picnic area: a minimum of 1/2 acre and shall have, as a minimum,
five aluminum picnic tables and three grills.
(f)
Parking area: a minimum of one car per 300 persons of population
served with not fewer than 10 parking spaces, with two parking spaces
for the disabled.
(10)
Barrier-free site designs for the disabled. All tot-lots, playgrounds,
tennis/basketball courts, parks and any other recreation areas shall
be barrier-free so as to allow accessibility for the disabled. Such
areas are to be fully accessible, both in the active areas as well
as in the passive areas, and shall contain, as a minimum, the following
requirements:
(a)
There shall be two parking spaces for the handicapped with international
disabled person symbol.
(b)
Walkways shall be a minimum of six feet wide for easy mobility.
(c)
There shall be access ramps where steps are otherwise required
on entrance to any recreational site. Ramps shall be four feet wide
with two continuous handrails 32 inches high.
(d)
Gates on all chain link fences shall have a clear opening of
34 inches.
(e)
On all walkways which cross roads or sidewalks, a depressed
curb shall be provided for accessibility by the handicapped.
(11)
Community buildings. In planned developments of over 150 dwelling
units, consideration shall be given toward a recreation center/community
multipurpose building. Such facilities should be within walking or
easy biking distance of the majority of the residents it is intended
to serve.
(12)
Other amenities. Consider jogging trails and exercise areas
in an adult-oriented project. Provide benches and sitting areas along
pathways where appropriate and particularly where they can incorporate
or provide views of a significant landscape feature, recreational
facility or interesting site design of the project. Consider an area
reserved for small garden plots in larger developments.
E.
The approving authority may require a developer to make certain site
preparation improvements to the open spaces and may require that the
site preparation improvements are made a part of the plan and are
noted therein. These improvements may include the following:
(1)
Removal of dead or diseased trees.
(2)
Thinning of trees or other growth to encourage more desirable
growth.
(3)
Grading and seeding.
(4)
Improvements or protection of the natural drainage system by
the use of protective structures, stabilization measures and similar
devices.
(5)
Planting of additional trees, shrubs and/or other types of vegetation
to improve and enhance the environment in which each open space is
located to attract and stimulate nature.
F.
Development of open space and recreational facilities shall proceed
at the same rate as development of the dwelling units. To assure compliance
with this section, the Planning Board shall require the approval of
an open space and recreational amenity phasing map which shall become
part of an overall phasing plan and approval for any subdivision,
planned and/or clustered development.
G.
The requirements of this section relating to the construction of
active and passive recreation facilities and the total percentage
of open space required within a development may be modified and/or
waived by the Planning Board's determination that both the area local
to the development and Monroe Township's park and recreation needs
would be better served by an agreed cash bequest to the designated
parks and recreation budget, which sums shall be added to the current
year municipal budget when received as a dedication by rider, in accordance
with the provisions of N.J.S.A. 40A:4-39.
H.
Contributions in-lieu of facilities.
(1)
The amount of the contribution required pursuant hereto shall
be determined by the Township based upon the cost to the Township
to provide active recreational facilities and the value of the land
for the passive recreation area. This would apply to residential development
with the exception of a remainder lot from a subdivision that contains
an existing single-family dwelling that would remain. An evaluation
of the costs will annually be reviewed by the Township in order to
determine if the per-lot contribution needs to be adjusted. The cost
per lot is established at $5,900.
(2)
Payment of the contribution required pursuant hereto shall be
made prior to the signing of the final plans by the Planning or Zoning
Board Chairman, Planning or Zoning Board Secretary and Township Engineer
and shall be equal to the per-lot amount times the number of building
lots shown on the final plans to be signed and filed and shall be
made payable to the designated parks and recreation fund. For good
cause shown, the Planning or Zoning Board may enter into an agreement
to provide that the payment or payments shall be made at some later
time, subject to the posting of adequate performance guaranties in
an amount of 120% of the agreed contribution, subject, however, that
the delayed period of time shall in no event be later than the issuance
of the first certificate of occupancy.
(3)
The cash bequest shall be used exclusively for park and recreation
purposes and shall be placed in the current budget line item designated
"parks and playgrounds, other expenses." Monroe Township reserves
the right to use said funds for proper purposes anywhere within the
Township of Monroe.
I.
All development within the Pinelands Area of the Township shall conform
to the recreation requirements contained in §§ 7:50-6.141
to 7:50-6.144 of the Comprehensive Management Plan.
[Added 5-28-2019 by Ord.
No. O:15-2019]
A.
Except as provided in § 175-125B, recreation facilities and usable open space required to be provided by the developer in accordance with this article shall not be dedicated to the public but shall remain under the ownership and control of the developer (or his successor) or a homeowners' association or similar organization that satisfies the criteria established in § 175-125C.
B.
The person or entity identified in Subsection A as having the right of ownership and control over such recreational facilities and open space shall be responsible for the continuing upkeep and proper maintenance of the same.
C.
If common open space is not accepted and dedicated to public ownership, responsibility for maintaining common open space shall lie with the development's homeowners' association or other similar entity. No planned and/or cluster development shall receive preliminary approval unless the applicant presents an adequate plan for the organization and administration of such an association. Such plan shall ensure that the homeowners' association or other entity responsible for the maintenance of common open space shall provide adequate funding for the maintenance, repair and replacement of such open space and its structures by a system of fees assessed against residents of the development. The financial soundness of such a homeowners' association or other entity shall include fee arrangements guaranteed by assessments levied on the land in the development through permanent deed restrictions or other suitable guaranties. The applicant will comply with all the standards of § 175-113 for the establishment of homeowners' associations. No planned and/or clustered development shall receive final approval by the Township until all elements of the homeowners' association have been satisfactorily reviewed and approved by the Planning Board and the Department of Community Affairs.
[Added 5-28-2019 by Ord.
No. O:15-2019]
A.
If any portion of any lot proposed for residential development lies
within an area designated on the officially adopted Recreation Master
Plan as a neighborhood park or part of the greenway system or bikeway
system, the area so designated (not exceeding 5% of the total lot
area) shall be included as part of the area set aside to satisfy the
requirement of this section. This area shall be dedicated for public
use.
B.
If more than 5% of a lot proposed for residential development lies within an area designated as provided in Subsection A, the Township may attempt to acquire the additional land in the following manner:
C.
Any land offered to the Township shall be subject to approval by
the Township Council after review and recommendation by the approving
authority. The approving authority shall be guided by the Master Plan,
the ability to assemble and relate such lands to an overall plan,
the accessibility and potential utility of such lands and such existing
features as may enhance or detract from the intended use of the lands.
The approving authority may request an opinion from other agencies
or individuals as to the advisability of accepting any lands to be
offered.
D.
Every parcel offered to and accepted by the Township shall be conveyed
by deed at the time final plat approval is granted, with such acceptance
being subject to any conditions the Township may impose. The deeds
shall contain restrictions stating to what use(s) such land(s) shall
be restricted.
E.
Any lands dedicated for open space purposes shall contain appropriate
covenants and deed restrictions approved by the Planning Board which
ensure that:
F.
Land so dedicated for open spaces shall include, wherever feasible,
natural features such as streams, wetlands, brooks, wooded areas,
steep slopes and other natural features of environmental scenic and
conservation value. The developer may be required to plant trees or
make other similar landscaping improvements to enhance these open
space areas.
A.
Electricity. Electronic equipment shall be shielded
so there is no interference with any radio or television reception
beyond the operator's property as the result of the operation of such
equipment.
B.
Glare. No use shall direct or reflect a steady or flashing light beyond its lot lines. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered and directed as approved on the site plan so that any glare, direct light, flashes or reflection will not interfere with the normal use of nearby properties, dwelling units and streets. Also see § 175-116 entitled "Lighting," in this article.
C.
Heat. Sources of heat, including but not limited to
steam, gases, vapors, products of combustion or chemical reaction,
shall not discharge onto or directly contact structures, plant life
or animal life on neighboring uses or impair the function or operation
of a neighboring use. No use, occupation, activity, operation or device
shall cause an increase in ambient temperature, as measured on the
boundary between neighboring uses.
D.
Radioactivity. No use, activity, operation or device
concerned with the utilization or storage of radioactive materials
shall be established, modified, constructed or used without there
having first been obtained valid permits and certificates from the
Office of Radiation Protection, New Jersey Department of Environmental
Protection. Proof of compliance with this requirement shall be the
submission of duplicate copies of said permits and certificates.
E.
Vibrations.
(1)
Standard. Ground-transmitted vibrations shall be measured
with a seismograph or complement of instruments capable of recording
vibration displacement and frequency in the three mutually perpendicular
directions, simultaneously.
(2)
Vibration level restrictions. Vibration levels shall
not exceed a particle velocity of 0.05 inch per second in any district.
During the hours of 9:00 p.m. to 7:00 a.m. in residential districts,
vibration levels shall not exceed a particle velocity of 0.02 inch
per second. Measurements shall be made at the points of maximum vibration
intensity and on or beyond adjacent lot lines or neighboring uses,
whichever is more restrictive.
F.
Airborne emissions. In all districts, no use, activity,
operation or device shall be established, modified, constructed or
used without having obtained valid permits and certificates from the
Bureau of Air Pollution Control, New Jersey Department of Environmental
Protection 7:27-8. Specifically, no use, activity, operation or device
shall be established, modified or constructed without a valid permit
to construct. No use, activity, operation or device shall be operated,
occupied or used without a valid certificate to operate control apparatus
or equipment. Proof of compliance with this requirement shall be the
submission of duplicate copies of the permit to construct and certificate
to operate. In addition to the requirements of the New Jersey Department
of Environmental Protection, the following shall also apply:
(1)
Steam emissions. No visible emissions of steam, having
an equivalent capacity greater than 60% and excepting direct results
of combustion, shall be permitted within 500 feet of a residential
district.
(2)
Toxic matter. Emissions of chemicals, gases, components
or elements, listed as being toxic matter by the American Conference
of Governmental Hygienists, the New Jersey Department of Labor and
Industry, or the United States Environmental Protection Agency, shall
not exceed the threshold level, as determined in accordance with ASTM
D 1391. The emission of concentrations, levels or mass loadings in
excess of the threshold value shall be permitted only if the emissions
of said toxic matter comply with the applicable regulations of the
New Jersey Department of Environmental Protection, the New Jersey
Department of Labor and Industry, and the United States Environmental
Protection Agency. Proof of compliance shall require the submission
of duplicate copies of certifications or permits from the New Jersey
Department of Environmental Protection and the New Jersey Department
of Labor and Industry approving the concentrations, level or loading
proposed by the applicant.
(3)
Odorous matter. No odor shall be emitted that is detectable
by the human olfactory sense at or beyond an adjacent lot line.
G.
Noise emissions.
(1)
Standard. Noise shall be measured with a sound level
meter complying with the standards of the American National Standards
Institute, American Standards Specifications for General Purpose Sound
Level Meters (ANSI S.1.4-1961 or its latest revisions). The instrument
shall be set to the A-weighted response scale and the metering to
the slow response. Measurement shall be conducted in accordance with
the American Standard Method for the Physical Measurement of Sound
(ANSI S.1.2-1961 or its latest revision).
(2)
Noise level restrictions. Noises shall not exceed
the maximum sound levels specified in the table, except as designated
below:
|
NOISE LEVEL RESTRICTIONS
| |||
|---|---|---|---|
|
Performance Category
|
Maximum Level
Permitted
(dBAs)
|
Where Measured
| |
|
Residential districts
|
55
|
On or beyond the neighboring use or lot line
| |
|
Agricultural districts
|
60
|
On or beyond the neighboring use
| |
|
All other districts
|
65
|
On or beyond the district boundaries
| |
(3)
Exclusion and permitted variations:
(a)
The levels specified in the table may be exceeded
once by 10 dBAs in a single period of 15 minutes, during one day.
(b)
Peak values of short duration, also known as
impact noises, may exceed the values specified in the table by 20
dBAs or have a maximum noise level of 80 dBAs, whichever is more restrictive.
(c)
Noises such as alarms, sirens, emergency warning
devices, motor vehicles and other sources not under the direct control
of a use are excluded from the above limitations.
(d)
The noise restrictions of this section should
not apply to agricultural activities on land located in the Agricultural
Production Zoning District.
H.
Storage and waste disposal.
(1)
In all districts permitting such an operation, use
or any activity involving the manufacture, utilization or storage
of flammable, combustible and/or explosive materials, such storage
shall be conducted in accordance with the regulations promulgated
by the Department of Labor and Industry of New Jersey or the Fire
Code of the National Fire Protection Association, whichever is more
restrictive.
(2)
All flammable, explosive and/or combustible material
shall be stored in accordance with the National Fire Protection of
New Jersey Department of Labor and Industry Codes, whichever is more
restrictive.
(3)
All outdoors storage facilities for fuel, raw materials
and products stored outdoors wherever permitted shall be enclosed
by an approved safety fence and visual screen and shall conform to
all-year requirements imposed upon the principal buildings in the
district.
(4)
No materials or wastes shall be deposited upon a lot
in such form or manner that they may be transferred off the lot by
natural causes or forces or otherwise render such stream or watercourse
undesirable as a source of water supply or recreation, or which will
destroy aquatic life or be allowed to enter any stream or watercourse.
(5)
All materials or wastes which might cause fumes or
dust or which constitute a fire hazard or which may be edible or otherwise
attractive to rodents or insects shall be stored outdoors only if
enclosed in containers that are adequate to eliminate such hazards.
(6)
All storage facilities for de-icing chemicals shall
be lined to prevent leaking into the soil and shall be covered with
an impermeable surface which shields the facility from precipitation.
(7)
All permanent outdoor solid waste receptacle stations
shall be screened on three sides by an opaque fence or wall no less
than six feet in height or one foot above the height of the receptacle,
whichever is greater. The fourth side shall consist of a solid opening
outwards. The stations shall not be located in any required yard areas
or site triangles.
[Added 12-7-1987 by Ord. No. O-43-87]
[Amended 10-3-1988 by Ord. No. O-21-88; 3-27-2012 by Ord. No. O:11-2012; 10-26-2015 by Ord. No. O:35-2015]
No lot shall have upon it more than one principal
permitted use, except that a single dwelling unit may be permitted
on a lot used primarily for a nonresidential use in the C Zoning District;
provided, however, that the site plan shall indicate adequate parking
for both uses. In the Pinelands Area, no more than one principal use
shall be located on a lot, except for forestry, agriculture, horticulture,
fish and wildlife management and recreational development on agricultural
lands and except for lots within the RG-TC District, where one or
more of the permitted uses, as listed on table 175, Attachments 4:1
and 4, 2 may be located on the lot.
A.
The purpose of this section is to provide a method
of developing land in certain districts of the Township so that desirable
open spaces, conservation areas, floodplains, recreation areas and
other environmentally sensitive lands can be set aside and so that
a variety of affordable housing types may be produced by permitting
planned residential developments.
B.
Planned residential developments may be approved at
the discretion of the Board in accordance with the following standards:
(1)
That all planned residential developments shall be
connected to an approved and functioning central water and sanitary
sewerage treatment system.
(2)
That the minimum project size, open space and maximum density provisions for planned residential developments within any district shall be as specified within Article XIV of this chapter.
(3)
That the minimum requirement for acreage of open space is achieved by a proposed development and that the location, type, design, layout, maintenance, ownership and control of such open spaces comply with the minimum standards of § 175-125 of this chapter.
(4)
That whenever possible, all dwelling units shall be
arranged into clusters and shall front on culs-de-sac and loop streets
and be so designed as to discourage through vehicular traffic movements
within clusters of residential dwelling units.
(5)
That only the rear lot lines of any proposed building lot, whether for residential or other purposes, shall abut the lot lines of the parcel originally proposed for development, except that no proposed building lot shall abut the right-of-way of an existing street bounding the parcel originally proposed for development. Instead, the rights-of-way of all existing streets, bounding the parcel originally proposed for development, shall be separated from planned residential developments by open space of sufficient width as prescribed in § 175-125.
[Amended 11-23-2004 by Ord. No. O-49-2004]
(6)
All utility installations shall be underground.
C.
Required findings by the Planning Board. Prior to
granting approval of any planned residential development, the Planning
Board must find that:
(1)
Sanitary sewer collection and treatment, as well as
potable water facilities, are available to and are to be provided
to the proposed development.
(2)
The proposal will produce economy in layout and design.
(3)
The proposal is not inconsistent with and will not
create hazards relating to traffic patterns already established by
surrounding development.
(4)
Open space to be created by the proposal must be suitable
for passive or active recreation uses and/or valuable for the protection
of the natural environment and/or necessary for a public or quasi-public
purposes and that the open space standards of the Article have been
achieved.
(5)
There is reasonable assurance that the improvement
and maintenance of the open space can be secured by the methods and
arrangements proposed by the development.
(6)
The proposal is consistent with the intent and purposes
of the Master Plan.
D.
Minimum tract size and maximum density. The minimum tract size and maximum density of residential building lots for cluster development in each of the specified districts shall be as defined in the cluster development provisions of the above-referenced zoning districts as provided by Article XIV of this chapter.
A.
All public services shall be connected to an approved
public utilities system where one exists.
B.
Except as permitted under the provisions of Subsection E of this section, the developer shall arrange with the servicing utility for the underground installation of the utilities' distribution supply lines and service connections.
[Amended 5-21-1990 by Ord. No. O-11-90]
C.
The developer may be required to submit to the approving
authority, prior to the granting of final approval, a written instrument
from each serving utility which shall evidence full compliance or
intended full compliance with the provisions of this section; provided,
however, that lots which abut existing streets where overhead electric
or telephone distribution supply lines and service connections have
heretofore been installed may be supplied with electric and telephone
service utilities overhead. In the case of existing overhead utilities,
should a road widening or an extension of service or other such condition
occur as a result of the development and necessitate the replacement,
relocation or extension of overhead lines, such new facilities shall
be installed underground.
D.
Any installation under this section to be performed
by a servicing utility shall be exempt from requiring performance
guaranties.
E.
Public utility uses, such as water towers, pumping
stations, electric substations, radio towers, transmission lines,
switching stations, which must be provided above ground may be permitted
as a conditional use in those zones specified, provided that the use
and/or structures shall adhere to the minimum standards of the particular
zone and the following:
(1)
A statement is submitted setting forth the reasons
that the proposed installation must be provided above ground in a
specific location and why it is necessary and convenient for the efficiency
of the public utility system or for the satisfactory and convenient
provision of service by the utility to the neighborhood or area in
which the particular use is to be located.
(2)
The design of any building in connection with such
facility conforms to the general character of the area and will not
adversely affect the safe and comfortable enjoyment of property rights
of the zone in which it is located.
(3)
Adequate and attractive fences and other safety devices
will be provided.
(4)
Sufficient landscaping, including shrubs, trees and
lawn, are provided and will be periodically maintained.
F.
All electric transmission lines shall be located on
existing towers or underground to the maximum extent practical.
A.
Except as otherwise authorized in this chapter, the
extraction or mining of mineral resources other than sand, gravel,
clay and ilmenite is prohibited. No conditional use approval of any
resource extraction activity or use shall be granted unless the following
has been filed with the Board:
[Amended 8-24-1999 by Ord. No. O-17-99; 5-25-2010 by Ord. No. O:07-2010]
(1)
The name and address of the applicant and his interest
in the subject property; if the applicant is a partnership, the partnership
name and business, together with the names of all partners and their
residential addresses; if the applicant is a corporation, the name
of the corporation, the place of business of said corporation, the
date and state of incorporation, the names and addresses of all directors
of such corporation, the names and addresses of all stockholders holding
10% or more of the stock of the corporation and the names and addresses
of the legal representatives of the corporation, if any.
(2)
The name and address of the owner or owners of the
premises involved, if different from the applicant, and the owner's
signed consent to the filing of the application; if the owner or owners
are a partnership, then the partnership name and business address
and the names of the partners, together with their residential addresses;
if the owner is a corporation, the name of the corporation, its place
of business, the date and state of incorporation, the names and addresses
of all officers and the positions held in the corporation, the names
and addresses of all directors, the names and addresses of all stockholders
holding 10% or more of the stock of the corporation and the names
and addresses of the legal representatives of the corporation, if
any.
(3)
A location map or diagram of the premises showing
the location of the lot(s) and abutting lands and roads within 1,000
feet of the active area.
(4)
The legal description, including block and lot designation
and street address, if any, of the subject property.
(5)
A description of all existing uses of the subject
property.
(6)
A brief written statement generally describing the
proposed development.
(7)
A United States Geological Survey quadrangle map,
or copy thereof, and a copy of the municipal tax map sheet on which
the boundaries of the subject property and the Pinelands management
area designation and zoning designation are shown.
(8)
A topographic map, at a scale of one inch equals 200
feet, showing the proposed dimensions, location and operations on
the subject property in its present condition by spot elevations and
an overlay showing the proposed topographical contour grades which
will result from the intended soil removal. The topographic map shall
include an area 200 feet from the boundaries of the proposed areas
to be disturbed or to the boundary of any buffer area if it is within
200 feet of the actual work area.
(9)
The location, size and intended use of all buildings.
(10)
The location of all points of ingress and egress.
(11)
A location map, including the area extending
at least 300 feet beyond each boundary of the subject property, showing
all streams, wetlands and significant vegetation, forest associations
and wildlife habitats.
(12)
The location of all existing and proposed streets
and rights-of-way, including railroad rights-of-way.
(13)
A soils map.
(14)
The names and addresses of all adjoining landowners
within 1,000 feet of the perimeter or location of the lot or premises
for which application is being made.
(15)
A reclamation plan which includes:
(a)
Method of stockpiling topsoil and overburden.
(b)
Proposed grading and final elevations.
(c)
Topsoil material application and preparation.
(d)
Type, quantity and age of vegetation to be used.
(e)
Fertilizer application, including method and
rates.
(f)
Planting method and schedules.
(g)
Maintenance requirements schedule.
(16)
The limit or outbounds of the area or areas
on the subject property within which the resource extraction operation
is to be conducted.
(17)
The proposed slopes and lateral supports of
the limits of the area upon completion of the excavating operations.
This requirement may be limited to the active work area.
(18)
The proposed provisions and facilities for water
drainage.
(19)
A signed acknowledgment from both the owner
and the applicant that they are responsible for any resource extraction
activities which are contrary to any provision of this chapter or
of the approved resource extraction plan done by any agent, employee,
contractor, subcontractor or any other person authorized to be on
the parcel by either the owner or the applicant.
(20)
A financial surety guaranteeing performance of the requirements of § 175-130, in the form of a letter of credit, certified check, surety bond or other recognized form of financial surety acceptable to the Pinelands Commission. The financial surety shall be equal to the cost of restoration of the area to be excavated during the duration of any approval which is granted. The financial surety, which shall name the Commission and the Township as the obligee, shall be posted by the property owner or his agent with the Township.
[Amended 3-24-1998 by Ord. No. O-5-98]
(21)
A certificate of filing from the Pinelands Commission
issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991,
evidence of prior approval from the Pinelands Development Review Board
or the Pinelands Commission pursuant to the interim rules and regulations.
(22)
When prior approval for the development has been granted by the Township, evidence of Pinelands Commission review pursuant to § 175-63.
(23)
If the application includes a proposed diversion from the Kirkwood-Cohansey
aquifer, a hydrogeologic report that identifies the volume of the
diversion, the volume of water to be returned to the source, a description
of the route of return to the source, the methodology used to quantify
the volume of water returned to the source and a description of any
other existing or proposed water diversions or discharges on or from
the parcel. The report shall also include a map that depicts the location
of the diversion, the location of the return to source, the location
of all existing or proposed resource extraction operations and the
location of all wetlands on or within 300 feet of the parcel on which
the diversion is proposed.
[Added 5-22-2024 by Ord.
No. O:20-2024]
B.
The following standards are to be achieved and maintained
in order to receive conditional use approval of a resource extraction
use or activity:
(1)
Resource extraction standards. Resource extraction
operations shall be approved only if the applicant can demonstrate
that the proposed resource extraction operation:
(a)
Is designed so that no areas of excavation, sedimentation pond,
storage area equipment or machinery or other structure or facility
is closer than 200 feet to any property line, unless it can be demonstrated
that a distance between 100 feet and 200 feet will not result in greater
off-site environment impacts.
[Amended 5-28-2019 by Ord. No. O:13-2019]
(b)
Is to be located on a parcel of land of at least
20 acres.
(c)
Provides that all topsoil that is necessary
for restoration will be stored on the site and will be protected from
wind or water erosion.
(d)
Is fenced or blocked so as to prevent unauthorized
entry into the resource extraction operation through access roads.
(e)
Provides ingress to and egress from the resource
extraction operation from public roads by way of gravel or porous
paved roadways.
(f)
Is designed so that surface runoff will be maintained
on the parcel in a manner that will provide for on-site recharge to
groundwater.
(g)
Will not involve excavation below the seasonal
high water table, unless the excavation will serve as a recreational
or wildlife resource or a water reservoir for public, agricultural
or industrial uses or for any other use authorized in the areas in
which the site is located, provided that in no case shall excavation
have a depth exceeding 65 feet below the natural surface of the ground
existing prior to excavation unless it can be demonstrated that a
depth greater than 65 feet will result in no significant adverse impact
relative to the proposed final use or on off-site areas.
(h)
Will be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as the anticipated length of time, that each of the twenty-acre units of the parcel proposed for extraction will be worked. This shall not preclude more than one twenty-acre unit from being worked at any one time, provided that there is a demonstrated need for additional units, restoration is proceeding on previously mined units and the area of clearing does not exceed that specified in Subsection B(1)(j) below.
[Amended 4-28-1997 by Ord. No. O-27-97]
(i)
Will involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with the requirements of Subsection B(2), Restoration standards, of this section and the implementation of the restoration plan is secured by a letter of credit, surety bond or other guaranty of performance.
(j)
Will not involve clearing adjacent to ponds
in excess of 20 acres or any areas necessary to complete scheduled
operations; or will not involve unreclaimed clearing exceeding 100
acres or 50% of the area to be mined, whichever is less, for surface
excavation at any time.
[Amended 10-3-1988 by Ord. No. O-21-88]
(k)
Will not result in a substantial adverse impact
upon those significant resources depicted on the Special Areas Map,
Figure 7.1 of the Pinelands Comprehensive Management Plan.
[Added 10-3-1988 by Ord. No. O-21-88]
(2)
Restoration standards. All parcels of land which are
used for resource extraction operations shall be restored as follows:
(a)
Restoration shall be a continuous process, and
each scheduled unit of the parcel shall be restored such that ground
cover be established within two years and tree cover established within
three years after resource extraction is completed for each portion
of the site mined.
[Amended 10-3-1988 by Ord. No. O-21-88]
(b)
Restoration shall proceed in the same sequence
and time frame set out in the extraction schedule required in the
preceding subsection.
(c)
All restored areas shall be graded so as to
conform to the natural contours of the parcel to the maximum extent
practical; grading techniques that help to control erosion and foster
revegetation shall be utilized; the slope of surface of the restored
surfaces shall not exceed one foot vertical to three feet horizontal.
[Amended 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97]
(d)
Topsoil shall be restored in approximately the
same quality and quantity as existed at the time the resource extraction
operation was initiated. All topsoil removed shall be stockpiled and
used for the next area to be restored, unless it is immediately reused
for reclamation that is currently underway.
[Amended 4-28-1997 by Ord. No. O-27-97]
(e)
Drainage flows, including direction and volume,
shall be restored to the maximum extent practical to those flows existing
at the time the resource extraction operation was initiated.
(f)
Any body of water created by the resource extraction
operation shall have a shoreline not less than three feet above and
three feet below the projected average water table elevation. The
shoreline both above and below the surface water elevation shall have
a slope of not less than five feet horizontal to one foot vertical.
This requirement shall apply to any water body or portion of a water
body created after December 5, 1994. For any water body or portion
of a water body created prior to December 5, 1994, this requirement
shall apply to the extent that it does not require grading of areas
which have not been disturbed by mining activities. Where grading
would require such disturbance, a reduction in the distance of the
graded shoreline above and below the average water table elevation
shall be permitted.
[Amended 4-28-1997 by Ord. No. O-27-97]
(g)
All equipment, machinery and structures, except
for structures that are usable for recreational purposes or any other
use authorized in the area, shall be removed within six months after
the resource extraction operation is terminated and restoration is
completed.
(h)
Reclamation shall to the maximum extent practical
result in the reestablishment of the vegetation association which
existed prior to the extraction activity and shall include:
[Amended 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97]
[1]
Stabilization of exposed areas by establishing
ground cover vegetation.
[2]
Reestablishment of the composition of the natural
forest and shrub types that existed prior to the extraction activity
through one of the following:
[a]
The planting of a minimum of 1,000
one-year-old pitch pine seedlings or other native Pinelands tree species
per acre in a random pattern.
[b]
Cluster planting of characteristic
Pinelands oak species, such as blackjack oak, bear oak, chestnut oak
and black oak, and shrubs such as black huckleberry, sheep laurel
and mountain laurel, at a spacing sufficient to ensure establishment
of these species.
[d]
The use of other planting techniques
or native Pinelands species as may be necessary to restore the vegetation
association which existed prior to the extraction activity.
(j)
The letter of credit, surety bond or other guaranty of performance which secures restoration for each section shall be released after the requirements of Subsection B(2)(a) through (i) above are determined by the Township or the Pinelands Commission, as appropriate, as being met and is replaced with a maintenance guaranty for a period of two years thereafter.
[Added 10-3-1988 by Ord. No. O-21-88; amended 4-28-1997 by Ord. No. O-27-97]
C.
Approvals authorizing resource extraction shall be effective for a period of two years in all areas of the Township and in the discretion of the Township Council for a period of up to five years in all Pinelands areas, provided that the requirements of Subsections C(1) and (2) below are met. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this section are met.
[Amended 3-24-1998 by Ord. No. O-5-98]
(1)
In all Pinelands areas, operators of all approved
resource extraction operations shall, on a yearly basis, certify in
writing, and to the satisfaction of the Town Council and the Pinelands
Commission, that all mining, restoration and other activities have
been to continue to be conducted in accordance with an approved resource
extraction permit.
(2)
In all Pinelands areas, in the event that the Town
Council and/or other Pinelands Commission determine that any mining,
restoration or other activity deviates from the conditions of an approved
resource extraction permit, the operator of the mining operation shall
be immediately notified of the deviation. The notice shall state the
nature of the deviation, order the action necessary to correct it
and set forth the date, time and location of a meeting to be held
within 10 days of the notice, at which the operator shall present
all relevant information concerning the deviation and the action taken
or to be taken to correct it. The order to take corrective action
shall specify any activity which must be immediately ceased to prevent
direct of indirect aggravation of the deviation or to avoid a danger
to public health, safety or welfare. Such cessation shall continue
until the deviation has been resolved to the satisfaction of the Township
Council and the Executive Director of the Pinelands Commission or
until an agreement to resolve the deviation has been reached. Failure
to resolve a deviation or to adhere to the terms and conditions of
any agreement to resolve a deviation shall constitute sufficient cause
for revocation of the permit.
D.
Appeals upon denial of permit. An applicant may appeal the denial of his requested permit to the Township Council for reconsideration and hearing as set forth in Subsection E, Hearings, set forth hereinafter.
[Added 10-3-1988 by Ord. No. O-21-88]
E.
Hearings.
[Added 10-3-1988 by Ord. No. O-21-88]
(1)
Request for hearing.
(a)
Upon written request for a hearing made by the
applicant to the Township Council, an opportunity to be heard shall
be granted within 30 days thereafter. The Township Council, in considering
and reviewing the application and in arriving at its decision, shall
be guided by and take into consideration the public health, safety
and general welfare and particular consideration shall be given to
the following factors:
[1]
Soil erosion by water and wind.
[2]
Drainage.
[3]
Soil fertility.
[4]
Lateral support slopes and grades of abutting
streets and lands.
[5]
Land values and uses.
[6]
Water quality standards that are not in conformance
with and acceptable pursuant to New Jersey Department of Environmental
Protection guidelines.
[7]
Such other factors as may bear upon or relate
to the coordinated, adjusted and harmonious physical development of
the Township.
[8]
Restoration plan and continuous compliance with
said plan.
(b)
The Township Council may, where it deems necessary in order to evaluate the aforesaid factors, require the applicant to perform on-site test borings and such other related testing as may be required and to make such modifications of the plan or map to be filed as required pursuant to § 175-130A.
(2)
After examining the application and the map provided for in § 175-130A of this chapter and after the hearing, in the event that a hearing is requested by the applicant, and if the Township Council shall be of the opinion that the proposed soil removal will not create conditions inimical to the public health, welfare and safety and will not result in the creating of any sharp declivities, pits or depressions, soil erosion, fertility problems or depressed land values, nor create any drainage or sewerage problems or other conditions of danger, permission to remove the soil shall be granted for two years in all areas of the Township and in the discretion of the Township Council for a period up to five years in all Pineland areas, provided the standards set forth in § 175-130C are met. Any conditions of approval shall be duly noted in the permit.
[Amended 9-30-1997 by Ord. No. O-55-97; 3-24-1998 by Ord. No. O-5-98]
F.
Liability insurance. The applicant shall evidence
liability insurance in sums not less than $100,000/$300,000 per accident.
Such insurance shall indemnify the Township from the operations of
the applicant. A certificate or copy of said policy shall be delivered
to the Municipal Clerk for filing.
[Added 10-3-1988 by Ord. No. O-21-88]
G.
Additional requirements.
[Added 10-3-1988 by Ord. No. O-21-88]
(1)
All drawings of improvements and/or technical information
shall be prepared, signed and sealed by a licensed professional engineer
of the State of New Jersey. All land survey information shall be prepared,
signed and sealed by a licensed professional land surveyor of the
State of New Jersey.
(2)
Water sampling. Prior to the obtaining approval of
a permit which includes the creation or existence of a body of water,
the applicant shall submit testing results in conformance with the
New Jersey Department of Environmental Protection guidelines for water
quality monitoring. The aforesaid results shall be accepted pursuant
to appropriate water quality standards. Minimum requirements for testing
shall be the standard elements for sampling potable water, including
chemical and bacteria samples. The rate of sampling shall be semiannual,
sampling to be done in April and October, and reported to the Township
on or before May 1 and November 1 of each and every year for the respective
sampling. Any new application for a license must submit water sample
results with the application regardless of the time of year. More
frequent sampling will be required if it is determined that the water
quality is deteriorating from background water quality.
(3)
No person shall conduct any resource extraction operations
or trucking activities Monday through Saturday between the hours of
5:30 p.m. and 7:00 a.m. No such activity shall be permitted at any
time on Sunday. This paragraph shall not be deemed to expand any hours
of operation which might otherwise be limited by an approval of the
Monroe Township Zoning Board of Adjustment at the time of issuance
of a variance to conduct soil removal in a zone not otherwise permitting
such use.
(4)
No permitted operation shall utilize blasting or explosives.
H.
Fees. The initial permit fee in the amount of $200
shall accompany the application. Licenses shall run for a period of
two years from July 1 of each year in all areas of the Township and,
in the discretion of the Township Council, for a period of five years
from July 1 in all Pinelands areas. Thereafter, permit renewal fees
shall be $100. All applications for a license for renewal shall be
submitted not less than 60 days prior to the permit date of July 1
of the appropriate year.
[Added 10-3-1988 by Ord. No. O-21-88; amended 3-24-1998 by Ord. No. O-5-98]
I.
Inspections. The permittee shall permit inspection
of the premises at all reasonable business hours by the Mayor, members
of the Township Council or by such designated Township officials as
the Mayor or Township Council may lawfully authorize to inspect and
report thereon to the Mayor administratively or the Council legislatively.
[Added 10-3-1988 by Ord. No. O-21-88]
J.
Transfer restrictions.
[Added 10-3-1988 by Ord. No. O-21-88]
(1)
No permit shall be transferable in any manner whatsoever
from the applicant to whom the permit is issued to any other person
or persons.
(2)
In the event that a change of 10% or more of the stock
ownership of a corporation or a change in the partnership ownership
or structure, in the case of a partnership, occurs, such change shall
be deemed a transfer of the license and shall require the approval
of the Township Council as set forth within this chapter.
K.
Revocation of permit. Upon 10 days' written notice
and an opportunity to be heard before the Council, the permit of any
person may be revoked or suspended for such time or period as the
Council may determine for any violation of the terms hereof or the
terms and conditions of any permit granted or issued hereunder. Written
notices shall be given at the address set forth in the original application
or amendments subsequently filed with the Township.
[Added 10-3-1988 by Ord. No. O-21-88]
L.
Violations and penalties. Any person, firm or corporation
violating any of the provisions of this section shall be subject to
a fine not exceeding $1,000 or imprisonment in the county jail for
a term not exceeding 90 days, or both, in the discretion of the Municipal
Court before whom such conviction shall be had. Each and every violation
of and nonconformance with this chapter or each day that any provision
of this section shall have been violated shall be construed as a separate
and distinct violation thereof.
[Added 10-3-1988 by Ord. No. O-21-88]
[Added 12-7-1987 by Ord. No. O-43-87]
A.
All site plans and major subdivision submissions shall
include rodent control programs phased according to the scheduled
progress of the development, including anticipated starting and completion
dates. The purpose is to control displacement of existing rodent populations
onto adjacent properties and related environmental impacts.
B.
The submissions may be in the form of plans, documents,
schedules or any combination thereof describing the method and details
of the proposed control.
[Amended 11-26-2018 by Ord. No. O:34-2018]
A.
All storage areas and trash facilities shall be suitably
screened, and all pits, lifts and working areas shall be within a
building. All lubrication, repair or similar activities shall be performed
in an enclosed building, and no dismantled parts shall be placed outside.
B.
All gasoline pumps, air pumps and the islands upon
which pumps are normally located shall be set back from the street
line at least 40 feet and from any other property line at least 30
feet. A minimum space of 25 feet shall exist between any two islands
and between any island and the service station building.
C.
No junked motor vehicle or part thereof and no unregistered
motor vehicle shall be permitted outside an enclosed service station
building. No more than six motor vehicles may be located outside a
service station building for a period not to exceed five days, provided
that the owners are awaiting the repair of said motor vehicles.
D.
The exterior display and parking of equipment for
rent or sale shall be permitted, provided that the area devoted to
this purpose is in addition to the minimum lot size required for a
service station, the area devoted to this purpose does not exceed
20% of the total area of the entire site, the maximum sign area for
a service station is not exceeded, and that the location of the equipment
being rented or sold does not interfere with the required off-street
parking requirements for the service station and does not interfere
with the traffic circulation indicated on the approved site plan.
E.
It is intended that automotive service stations be
designed compatibly with other permitted commercial or industrial
uses in the zone in which they are located, that they not be stripped
along the available highway frontage or at each quadrant of a convenient
intersection and that they be located within shopping centers and
in office and industrial complexes as an integral part of the overall
design. Ingress and egress shall be designed to recognize the turning
movements generated. These access points shall be coordinated with
the access points required for nearby uses, frequency of intersecting
side streets, minimizing left turns off collector and arterial streets
and maintaining building setbacks compatible with the required setbacks
and landscaping.
A.
There shall be shade trees planted where possible
and practical along either side of each new street, as said streets
are hereby laid out and established.
B.
In each subdivision of land, the developer shall plant
trees along either side of said streets, proper shade and/or decorative
trees at a maximum distance of 50 feet between trees. The minimum
distance between such trees planted shall be 40 feet. Trees shall
be planted at least 15 feet from the curbline. Where sufficient tree
growth exists on each lot, no additional plantings shall be required.
C.
All trees planted in accordance with the provisions
of this chapter shall be nursery-grown, of substantially uniform size
and shape and shall have straight trunks. Ornamental trees need not
have straight trunks, but must conform in all other respects to the
provisions for trees and tree plantings outlined in this chapter.
In the Pinelands Area of Monroe Township, native vegetation shall
be utilized for landscaping, including but not limited to those species
listed in N.J.A.C. 7:50-6.25 of the New Jersey Pinelands Comprehensive
Management Plan.
[Amended 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97]
D.
All trees planted pursuant to this chapter shall be
planted in a dormant state.
E.
Subsequent or replacement plantings shall conform
to the type of existing trees in a given area, provided that if any
deviation is anticipated, it must be done only with the permission
of the Planning Board.
[Amended 11-23-2004 by Ord. No. O-51-2004]
F.
All shade trees, to the maximum extent practicable,
shall be native to the area and shall be a minimum 1 1/2 inches
to two inches caliper, and of a species approved by the Board.
G.
Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading or construction requirements necessitate removal of trees, in which case these lots shall be replanted with trees to reestablish the tone of the area and to conform to adjacent lots. Special attention shall be directed toward the preservation of major trees by professional means. Also see § 175-147 of this article.
[Amended 7-21-1992 by Ord. No. O-27-92; 5-20-1996 by Ord. No. O-7-96; 10-13-1998 by Ord. No. O-38-98; 9-14-1999 by Ord. No. O-26-99; 10-23-2001 by Ord. No. O-31-2001; 5-13-2003 by Ord. No. O-17-2003]
The primary function of sidewalks shall be to
provide for safe pedestrian movement. Unless specifically waived by
the Planning Board or Zoning Board, sidewalks shall be installed in
all types of development and shall be installed along all streets
and wherever pedestrian traffic is expected.
A.
For the purpose of this section, the Township shall
be divided into four sidewalk areas to provide flexible sidewalk requirements
and encourage a functional and usable sidewalk system.
(1)
Sidewalk Area 1 consists of the area bounded by Railroad
Avenue, Ames Road, Corkery Lane, Black Horse Pike, Malaga Road, Winslow
Road, Walnut Street, New Brooklyn Road, Jones Road, Radix Road, Sicklerville
Road, Kelly Street, Lake Avenue, West Lois Drive, Jobs Lane, Prince
Street and Railroad Avenue (bike path) and all properties located
on the Black Horse Pike between Cross Keys Road and Malaga Road. Sidewalk
Area 1 includes those portions of the Township where the highest pedestrian
traffic is anticipated. The continuation of the existing sidewalk
system is, therefore, very important for the safe movement of pedestrians.
(2)
Sidewalk Area 2 consists of all lands located within
two miles of a public or private elementary or middle school or 2 1/2
miles of a high school, except properties located within the AG, BP,
FD-10, FD-40, RD-A, RG-PR and RG-20 Districts, and all properties
located on the Black Horse Pike east of Malaga Road. Sidewalk Area
2 generally includes those portions of the Township located just beyond
the more heavily developed Sidewalk Area 1. Because of the proximity
to schools and future pedestrian traffic generators, the need for
sidewalks in these areas is high.
(3)
Sidewalk Area 3 consists of all lands within the AG,
BP, FD-10, FD-40, RD-A, RG-PR and RG-20 Districts located within two
miles of a public or private elementary or middle school, or 2 1/2
miles of a high school. Sidewalk Area 3 is similar to Sidewalk Area
2, with the exception that the maximum permitted residential densities
are lower. The need for sidewalks is high in the vicinity of pedestrian
traffic generators and schools.
(4)
Sidewalk Area 4 consists of all lands located greater
than two miles from a public or private elementary or middle school
or 2 1/2 miles of a high school and not included in Priority
Areas 1, 2 or 3. Sidewalk Area 4 includes the most rural portions
of the Township where low pedestrian traffic is anticipated.
B.
The requirements of this section relating to the construction
of sidewalks may be modified and/or waived by the Planning Board of
Zoning Board if requested by the developer upon the Board's determination
that both the area to be developed and the Township on whole would
be better served without the construction of a sidewalk.
[Amended 5-25-2004 by Ord. No. O-19-2004; 12-20-2005 by Ord. No. O-41-2005; 9-26-2016 by Ord. No.
O:25-2016]
C.
Where the requirements of this section relating to
the construction of sidewalks have been waived by the Planning Board
or Zoning Board, a ten-foot-wide graded area shall be provided, partly
to provide for pedestrian safety and partly to provide area for future
sidewalk construction if the need arises. The composition of the graded
area shall be at the discretion of the Planning Board of Zoning Board.
D.
A ten-foot-wide pedestrian easement may be required
by the Planning Board or Zoning Board through the center of blocks
more than 600 feet long to provide circulation or access to schools,
playgrounds, shopping or other community facilities.
E.
Material and construction. Walks shall be of portland
cement concrete. Concrete shall be Class C having a twenty-eight-day
compressive strength of 4,000 pounds per square inch.
F.
The materials for concrete and the materials and methods
used for air entrainment shall be as specified in the New Jersey Department
of Transportation Standard Specifications.
G.
Joint fillers shall be of the preformed bituminous
cellular type and preformed bituminous type.
H.
Dimensions of the concrete walks shall be at least
four feet wide and at least four inches in thickness, except at points
of vehicular crossing where the minimum thickness shall be six inches.
I.
The walks shall be located at least four feet back
from the curbline.
J.
Expansion joints shall be provided with filler materials
not more than 20 feet apart.
K.
Transverse surface grooves shall be cut in the walk
between expansion joints at intervals equal to the walk width.
L.
All edges shall be neatly rounded to 1/4 inch.
M.
The finish shall be made with a wood float, followed
by brushing with a wet soft-hair brush to a neat and workmanlike surface.
N.
Handicap ramps shall be provided at all intersections
and other areas of expected pedestrian crossing.
O.
The walk should be gently graded toward the gutter
line with a slope of 2%.
P.
For any development or developments not involving
subdivision or site plan review, the Planning Board or Zoning Board
shall have jurisdiction to waive sidewalks. If the requirements pertaining
to the installation of sidewalks in a specific area are impractical
or exact undue hardship to an applicant due to peculiar or unusual
conditions to the land in question, the applicant may apply for a
waiver of the requests set forth in this chapter. Public notice shall
not be required.
[Added 5-25-2004 by Ord. No. O-19-2004; amended 9-26-2016 by Ord. No. O:25-2016]
A.
Sight triangles shall be required at all intersections
of streets, and streets and driveways, in addition to the required
right-of-way width and driveway width. The area within sight triangles
shall be either dedicated as part of the street right-of-way or maintained
as part of the lot adjoining the street and set aside on any development
plan as a sight triangle easement.
B.
Within a sight triangle, no grading, planting or structure
shall be erected or maintained more than 30 inches above the center-line
grade of either intersecting street or driveway or lower than eight
feet above their center lines, including utility poles but excluding
fire hydrants, street name signs and official traffic regulation signs.
Where any street or driveway intersection involves earth banks or
vegetation, including trees, the developer shall trim such vegetation
and trees as well as establish proper excavation and grading to provide
the sight triangle.
C.
Sight triangles shall be provided in accordance with
the latest edition of AASHTO's "Standard Specification for a Policy
on Geometric Design of Highways and Streets" and based on the speed
limits established by Township Council.
[Amended 11-12-2002 by Ord. No. O-20-2002]
D.
Any proposed development requiring site plan approval
shall provide sight triangle easements at each driveway, with the
driveway classified as a minor road for the purposes of establishing
distance.
[Amended 11-12-2002 by Ord. No. O-20-2002]
E.
The sight triangle requirements of this chapter shall
govern where the property to be developed is located on a road under
the jurisdiction of the state or county, except where differing requirement
is more restrictive.
[Amended 11-12-2002 by Ord. No. O-20-2002]
F.
Portions of a lot set aside for a sight triangle may
be included in the lot area circulation and may be included in establishing
the minimum setbacks required by the Code.
G.
The dedication of a sight triangle easement shall
be expressed on the plan as follows: "Sight triangle easement granted
to the Township of Monroe for the purposes provided for and expressed
in the Township Code."
H.
If the sight triangle easement is part of the lot
adjoining the street, then it shall be the responsibility of the lot
owner to maintain this area.
[Amended 8-17-1987 by Ord. No. O-22-87; 10-3-1988 by Ord. No. O-21-88; 5-21-1990 by Ord. No. O-11-90; 7-21-1992 by Ord. No. O-27-92; 4-28-1997 by Ord. No. O-27-97; 2-8-2000 by Ord. No. O-5-2000; 9-8-2009 by Ord. No. O:26-2009; 5-22-2012 by Ord. No. O:15-2012; 12-10-2013 by Ord. No. O:19-2013]
A.
Zone district prohibitions. No sign shall be permitted in any district except as specifically permitted herein, with the exception of billboards, which are regulated and defined by § 175-91.2. Changeable copy or electronic message center (EMC) signs are only permitted along 1) the Black Horse Pike corridor from Berlin-Cross Keys Road to the Township boundary with the Borough of Folsom and 2) State Highway Route 322 from the Township boundary with the Borough of Glassboro to its intersection with the Black Horse Pike. In the Pinelands Area, changeable copy or EMC signs along the Black Horse Pike corridor or State Highway Route 322 shall be permitted only in those zones within the Regional Growth Area. Changeable copy or EMC signs shall not be permitted in the RD-C, FD-10 or FD-40 Zones. Public schools and all public buildings are exempt from the entirety of this section.
[Amended 3-9-2015 by Ord.
No. O:15-2015; 6-22-2015 by Ord. No. O:23-2015; 7-24-2024 by Ord. No. O:32-2024]
B.
Signs in residential districts. The following signs are permitted
when located on the immediate premises:
(1)
Home occupation and home professional signs not exceeding two square
feet measured on one side; only one such sign is permissible.
(2)
Signs necessary for the identification, operation and/or protection
of a public utility installation or necessary to the public welfare.
(3)
Real estate signs as more specifically set forth herein.
(4)
Signs set forth herein as applicable to all districts.
C.
Signs in nonresidential districts. The following signs are permitted
when located on the immediate premises:
(1)
Signs identifying or advertising a business, activity or product
conducted or sold on the premises.
(2)
One freestanding sign per street frontage is permitted, provided
said sign does not exceed an area of 50 square feet on each side,
and further provided that the maximum height above grade does not
exceed 20 feet with the lowest portion of the sign being at least
eight feet above grade. For gasoline service stations, the area of
the freestanding sign may be increased by 1/3 for the listing of a
product and pricing information and shall not exceed a height above
grade of 25 feet.
(3)
If more than one business or use is located on the lot where said
businesses or uses use a common parking facility and/or a common driveway
or roadway, the owner shall be permitted to have either one freestanding
sign or one multiple occupancy and tenancy (MOT) sign on each street
frontage, subject to the freestanding sign area and height restrictions,
located at the entrance to the shopping center, industrial park, office
complex or parking facility. If an MOT sign is required, the attached
signs for the businesses or uses shall be uniform in size, scale and
design.
(4)
In lieu of a freestanding sign, one monument sign may be erected,
provided that it is not situated within a sight triangle, and further
provided that said monument sign does not exceed an area of 50 square
feet nor exceed a height above grade of eight feet.
(5)
Each principal use shall be entitled to one facade sign for every
frontage of the lot on a public right-of-way. For the purpose of this
subsection, each leased module of a larger development may be considered
a separate use. The size of each sign shall not exceed 10% of the
facade area.
(6)
Directional signs not to exceed two square feet shall be provided
as necessary for safety.
(7)
All signs within a single development shall be compatible in terms
of material, lettering style and means of illumination.
D.
Signs permitted in all districts. The following types of signs shall
be permitted in all districts:
(1)
House numbers, real estate signs, nameplates (fraternity, sorority,
apartments and professional) identifying the occupant or address of
a parcel of land and signs identifying a building.
(2)
Memorial signs or tablets, names of buildings and date of erection,
when cut into any masonry surface or when constructed of bronze or
other incombustible material.
(3)
Flags bearing the official design of a nation, state, municipality,
educational institution or organization.
(4)
Traffic, street or other municipal signs.
(5)
Community special event signs.
(6)
Theater-hotel marquee, as well as canopy and awning advertising,
provided that said advertising is wholly contained within the basic
marquee, awning or canopy face.
(7)
Institutional bulletin boards (for church and community centers,
etc.), subject to the area, height and placement regulations for ground-pole
or wall signs.
(8)
Directional signs such as no parking, deliveries, and entrance and
exit signs.
E.
General prohibitions.
(1)
No outdoor, off-site commercial advertising sign shall be permitted,
except that:
(a)
Existing lawful off-site commercial advertising signs, in existence
as of January 14, 1981, shall be permitted in all Regional Growth
Zoning Districts. Such signs shall also be permitted in the RD-C and
RD-I Zones, provided that the signs are located on a United States
highway within 1,000 feet of a Pinelands Regional Growth Area or Pinelands
Town.
(b)
Signs advertising agricultural commercial establishments shall
be permitted, provided that:
(2)
No sign shall be erected or posted on or upon buildings, fences,
billboards or other structures unless otherwise permitted herein.
(3)
No sign shall be erected which creates a nuisance because of its
content or use of lewd or lascivious language, which is designed to
create a dangerous condition and/or to incite endangering acts on
the part of the observer, which is offensive to the observer, and
which detracts from the area in which it is placed.
(4)
Banners, pennants, spinners and streamers, except as a temporary
use not to exceed 90 calendar days in a calendar year, are prohibited.
[Amended 7-24-2024 by Ord. No. O:32-2024]
(5)
Any sign which has any visible moving part, visible revolving parts
or visible mechanical movement of any description or other apparent
visible movement achieved by electrical, electronic or mechanical
means, including intermittent electrical pulsations or by action of
normal wind currents, is prohibited.
(6)
Any sign or sign structure which is structurally unsafe, or constitutes
a hazard to safety or health by reason of inadequate maintenance,
dilapidation or abandonment, or is not kept in good repair, or is
capable of causing electrical shocks to persons likely to come in
contact with it is prohibited.
(7)
Any sign which obstructs the vision of drivers, or obstructs or detracts
from the visibility of any traffic signs or traffic control device
on public streets and roads by reason of size, location, coloring
or illumination of the sign is prohibited.
(8)
Any sign which obstructs free ingress to or egress from a required
door, window, fire escape or other required exit way is prohibited.
[Amended 7-24-2024 by Ord. No. O:32-2024]
(9)
Signs which make use of words such as "stop," "look," "danger" or
other similar words, phrases, symbols or characters in such a manner
as to imply the need or requirement of stopping or the existence of
danger are prohibited.
(10)
Any sign or other advertising structure containing any obscene.
indecent or immoral matter is prohibited.
(11)
Any sign unlawfully installed, erected or maintained is prohibited.
(12)
Any sign now or hereafter existing which no longer advertises
a bona fide business-conducted activity, campaign or service or a
product sold is prohibited.
(13)
Temporary sign permit for special event or promotional sign/banner.
An applicant shall be required to obtain a temporary sign permit from
the Zoning Officer in order to display not more than one special event
sign or banner per use announcing or advertising an educational, civic
or religious special event, or a special event or promotion for a
business. A maximum of two special promotional permits may be issued
within any one calendar year. Said permits are limited to 90 days
in a calendar year total, between the two permitted occurrences. The
maximum sign size shall be 24 square feet. The application shall show
the proposed location, the rendering of the banner, including size
and height, the period of time it will be in place and the payment
of a nonrefundable fee applicable to nonresidential applications.
The location, design and all related aspects of the proposal that
may be approved shall be shown as part of the application and be in
sufficient detail to allow the Zoning Officer to understand the magnitude
of the request. The details of any approval shall be a decision of
the Zoning Officer.
[Amended 7-24-2024 by Ord. No. O:32-2024]
(14)
Any interior or exterior light used in conjunction with commercial
business purposes that constitutes a hazard or a nuisance is prohibited.
(15)
Any sign not in compliance with regulations dealing with interstate
standards and specifications is prohibited.
(16)
Any on-premises projecting sign having over 30% of the total
sign area devoted to purposes other than identification is prohibited.
(17)
No ground-pole sign may extend over the public sidewalk or the
public street in any district.
(18)
No sign will be permitted to be erected unless the back of such
structure is shielded from public view from a building or a street
by a building, other structure, high planting or by another sign (where
permitted) of similar dimensions or unless such back is painted a
neutral color or is enclosed in a solid metal backing that is treated
or painted for corrosion.
(19)
In the Pinelands Area, no sign, other than warning or safety signs, which is designed or intended to attract attention by sudden, intermittent or rhythmic movement, or physical or lighting change, shall be permitted, with the exception of changeable copy or EMC signs in the Regional Growth Area in accordance with § 175-135G(4).
[Added 3-9-2015 by Ord.
No. O:15-2015]
(20)
In the Pinelands Area, no sign, other than warning or safety signs, which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation shall be permitted, with the exception of changeable copy or EMC signs in the Regional Growth Area in accordance with § 175-135G(4).
[Added 3-9-2015 by Ord.
No. O:15-2015]
F.
Sign permit. No sign for any non-profit organization, social club,
church, or business, whether commercial or industrial, or for a home
occupation or professional shall be erected without first receiving
a permit from the Zoning office and paying a fee whether exempt or
not to the Construction Code Office.
[Amended 9-26-2016 by Ord. No. O:26-2016]
F1.
Signs related to any nonprofit organization, social
club and church shall state the maximum timeframe on the zoning permit
in which the event will take place. All signs shall be removed within
seven working days after the event and installed no sooner than 15
working days prior to an event. Council may waive the fee for said
permit on a case-by-case basis.
[Added 9-26-2016 by Ord.
No. O:26-2016]
G.
Sign criteria.
(1)
Attached signs. Attached signs shall be affixed parallel to the wall
to which they are attached. The face of the sign shall project no
more than 12 inches from the surface of the wall.
(2)
Height. The uppermost part of an attached sign shall not exceed the
base of the second-floor windowsill in a two- or more story structure,
nor above the building facade or 35 feet, whichever is lower, on either
a one-story structure or a structure without windows. The uppermost
part of a freestanding sign shall not exceed 20 feet. The lowest portion
of any sign which projects above an area traversed either by motor
vehicles or pedestrians shall be at least 17 feet and eight feet,
respectively.
(3)
Illuminated signs. Illuminated signs shall be arranged to reflect
the light and glare away from adjoining lots and streets. No sign
shall be permitted with beam, beacon or flashing illumination. All
signs with exterior lighting shall have the light source shielded
from adjoining lots, streets and interior drives. All lights shall
be either shielded or have translucent fixtures to reduce off-site
effects.
(4)
Changeable-copy signs.
(a)
A changeable-copy sign, for the purpose of this article, is
a sign with the capability of content change by means of manual or
remote input and includes the following types:
[1]
Manually activated: a changeable sign whose message copy or
content can be changed manually on a display surface.
[2]
Electronically activated: a changeable sign whose message copy
or content can be changed by means of remote electrically energized
on-off switching combinations of alphabetic or pictographic components
arranged on a display surface. Illumination may be integral to the
components, such as characterized by lamps or other light-emitting
devices, or may be from an external light source designed to reflect
off the changeable component display, such as an electronic message
center (EMC) sign.
(b)
An EMC sign, for the purpose of this article, is an electronically
activated changeable-copy sign whose variable message and/or graphic
presentation capability can be electronically programmed by a computer
from a remote location. EMC signs typically use light-emitting diodes
(LEDs) as a lighting source.
(c)
Where permitted, changeable-copy or EMC sign areas shall be
in accordance with the standards as noted in said district.
(d)
A changeable-copy EMC sign may be a portion of the total permitted
sign area, not to exceed a maximum of 25 square feet.
(e)
A changeable-copy or EMC sign shall not be used for any off-site
advertising or messages, other than public service information approved
by the Township.
(f)
Changeable-copy or EMC signs, where permitted, shall not obstruct
traffic visibility or become a distraction to drivers or a traffic
hazard.
(g)
Specific standards for electronic message center (EMC) signs.
[1]
All EMC signs shall have automatic dimming controls, via photo
cell or software settings, that adjust the light emitted by the sign
during ambient low-light conditions and at night so that they are
compliant with the sign illumination standards allowed herein.
[2]
In nonresidential districts, where permitted, EMC signs shall
have a minimum display time of eight seconds. These transitions may
use fade, dissolve and/or other transition effects, except those listed
as prohibited in this article.
[3]
All illuminated signs must comply with a maximum luminance level
of 750 cd/m2 or nits at least 1/2 hour
before apparent sunset, as determined by the National Oceanic and
Atmospheric Administration (NOAA), United States Department of Commerce,
for the Township's geographic location and date. All illuminated signs
may resume luminance levels appropriate for daylight conditions at
the apparent sunrise, as determined by the NOAA.
[4]
Prior to the issuance of a permit for a changeable-copy or EMC
sign, the applicant shall provide written certification from the sign
manufacturer that the light intensity has been factory preset not
to exceed the levels specified above.
[5]
The following EMC display features and functions are prohibited:
continuous scrolling and/or traveling, flashing, blinking, twinkling,
spinning, rotating, and similar moving effects.
[6]
All electrical equipment on a newly constructed EMC sign shall
be UL listed and labeled.
[7]
All power to an EMC sign shall be supplied via underground carrier,
inside approved conduit, and shall be installed in accordance with
the National Electric Code.
[8]
EMC signs shall be properly maintained so that inoperative or
improperly lighted bulbs do not impair the appearance and legibility
of the sign. When malfunctioning, all EMC signs must then be turned
off or display a blank screen.
(5)
Design.
(a)
Where possible, signs should be combined with light fixtures
to reduce unnecessary posts and to illuminate the signs with or without
additional lighting.
(b)
There should be a consistent sign design theme throughout a
particular project. This theme should include style of lettering.
construction posts, size, lighting, etc.
(6)
Placement. Signs should not be placed where they may conflict with
pedestrian traffic. They should be located so as to avoid conflict
with door openings or vehicular operation. Signs should be placed
to allow pedestrian clearance, vertically and laterally.
(7)
Location. Attached signs may be located anywhere that does not conflict with any height, obstruction to vision, and similar regulations of this chapter. Freestanding signs shall be located only in the front yard and shall not be located within the minimum side yard for the principal building; in no event shall a sign be closer than two feet to a street right-of-way. A sign shall not be located in any sight triangle unless it complies with all requirements of § 175-134. Where possible, signs should be gathered together into a unified location or system to avoid sign clutter in the landscape.
(8)
Maintenance. Signs shall be constructed of durable materials, maintained
in good condition and not be allowed to become or fall into disrepair.
(9)
Real estate signs. Real estate signs temporarily advertising the
sale, rental or lease of a premises or a portion thereof shall be,
if not attached to the building, set back at least 1/2 the building
setback, but need not exceed two feet from all street and property
lines. Signs shall not exceed on one side of the sign 12 square feet
for residential advertising, nor 35 square feet for commercial and
industrial uses and for an area, residential or otherwise, in the
process of development. Signs shall be removed at the expense of the
advertiser within 15 days after the termination or completion of the
matter being advertised. Real estate signs do not require a permit.
No more than one sign shall be permitted along each street on which
the building has frontage. Real estate signs shall be permitted only
on the lot or development which the sign is advertising.
(10)
Sign area and dimension. Sign area shall include all lettering,
wording, coloring and accompanying designs and symbols, together with
the background, whether open or enclosed, but not including any supporting
framework and jacketing incidental to the display itself. A freestanding
sign with two exposures shall have a total sign area consisting of
the area of one side of the sign, but both sides may be used. Street
number designations, postal boxes, family names on residences, on-site
traffic directional and parking signs, signs posting property as private
property, no hunting, or similar purposes, and danger signs around
utility and other danger areas are permitted but are not to be considered
in calculating the sign area.
H.
Temporary signs. Signs advertising the name of the building under
construction, general contractor, subcontractor, financing institution,
any public agencies or officials and/or the professional personnel
who worked on the project are permitted on a construction site beginning
with the issuance of a building permit and terminating with the issuance
of a certificate of occupancy for the structure or the expiration
of the building permit, whichever comes first. Such signs shall not
exceed an area of 32 square feet.
I.
Sign registration and emergency notices.
(1)
Registration. All changeable-copy or electronic message center
(EMC) signs, upon being approved after the date of this amendment,[1] must be registered with the Township Clerk, who shall
create a form for that purpose.
(a)
The purpose of this registration is to provide the Township
Office of Emergency Management with a contact person - telephone numbers
and e-mails - who can be contacted by the Township if necessary to
post notices for such events as amber alerts, cancellation or rescheduling
or Township events or other similar purposes.
(b)
The use of these signs by the Township for the purposes enumerated
herein is required wherever it is possible for the sign owner to assist
as a public service.
(c)
Any sign owner who previously had an approval is not required
to participate in providing notice under this section; however, it
is encouraged that they voluntarily participate under the enumerated
conditions.
[1]
Editor's Note: December 10, 2013.
J.
Pinelands areas. In the Pinelands area of the Township, any existing sign which does not conform to Subsection E(19) and (20) shall be removed immediately. Any existing sign which does not conform to Subsection E(1) shall be removed no later than December 5, 1996.
[Amended 3-9-2015 by Ord.
No. O:15-2015]
K.
Signs for automotive fueling stations, automotive service stations
and automotive fueling station convenience stores.
[Added 11-26-2018 by Ord.
No. O:34-2018]
(1)
The following regulations shall apply to freestanding signs:
(2)
The following regulations shall apply to attached signs:
(a)
One attached sign shall be permitted for each building entrance,
provided that there shall be a maximum of two attached signs.
(b)
The area of any single attached sign shall not exceed 5% of
the area of the exterior wall to which it is attached, or one square
foot for each linear foot of the wall to which it is attached, whichever
results in the smaller sign.
(3)
The following regulations shall apply to canopy signs:
(4)
Additional signage shall be permitted to be located on the fueling
dispensers.
L.
Violations and penalties. Any person, firm, association, partnership,
organization or corporation who or which violates or neglects to comply
with any section of this chapter or notice issued pursuant thereto
shall, upon conviction thereof, be liable to a penalty of not less
than $50 nor more than $500 or imprisonment not to exceed 90 days,
or both, for each violation. Each day that the violation exists and
the above-named refuses or fails to comply with this chapter shall
be considered a separate violation. Upon conviction for a violation
of this chapter, each succeeding day thereafter shall be considered
a new and separate violation.
[Amended 12-17-1990 by Ord. No. O-29-90]
All site plans and major subdivisions shall
incorporate soil erosion and sediment control programs phased according
to the scheduled progress of the development, including anticipated
starting and completion dates. The purpose is to control soil erosion
and sediment damages and related environmental damage by requiring
adequate provisions for surface water retention and drainage and for
the protection of exposed soil surfaces in order to promote the safety,
public health, convenience and general welfare of the community.
B.
Development applicants shall submit to the approving
authority and Construction Official copies and documentation of the
approval and certification of the Soil Erosion and Sediment Control
Plan by the Soil Conservation District, or proof of waiver of the
same.
C.
Prior to the release of any performance guaranties,
or the issuance of a certificate of occupancy in the case of a site
plan, evidence of the acceptance of all soil erosion control measures
by the Soil Conservation District must be submitted to the Construction
Official and Township Engineer.
[Amended 12-17-1990 by Ord. No. O-29-90]
The excavation and grading for completion of a development shall be done in accordance with the Soil Conservation District approved plan which contains soil erosion and sediment control provisions and in conjunction with all applicable municipal ordinances and permits. Excavation of soil, other than that required for the construction of approved structures and supporting facilities such as, but not limited to, streets, driveways and parking areas, except when resources extraction is authorized under the provisions of § 175-130 of this chapter, shall be prohibited. Regrading of property so as to redistribute topsoil throughout the site from areas excavated for such approved structures and supporting facilities shall be permitted, but shall be done to minimize or eliminate the erosion of soil. These areas shall be stabilized by seeding and planting.
[Amended 7-26-2021 by Ord. No. O:08-2021]
The outdoor storage of an unoccupied recreational
vehicle, motor home, travel trailer, camper, noncommercial utility
trailer or small boat shall be permitted on single-family properties,
provided that:
A.
Such storage shall not be located in any required
front yard.
B.
The travel trailer, camper, noncommercial utility
trailer or small boat shall not exceed 35 feet in length and eight
feet in width.
C.
Only a total of two such travel trailer, camper, noncommercial
utility trailer or small boat shall be permitted to be stored outdoors
at any single-family residence.
D.
Recreational vehicles and motor homes exceeding 35
feet in length may be stored only within the required building setback
lines.
E.
Any such vehicle stored in accordance with this section
shall not be occupied and shall not be provided with utility connections
other than for the maintenance of such vehicle.
F.
No travel trailer, camper, noncommercial utility trailer
or boat stored in conformance with this section shall remain in such
storage for longer than 12 consecutive months.
[Amended 7-21-1992 by Ord. No. O-27-92]
Automobiles, station wagons, small pickups or
panel trucks less than two tons, jeep vehicles, travel-alls and similar
types of vehicles used for commercial purposes are permitted in all
zones. Trucks and other commercial vehicles not mentioned above shall
not be parked or stored in any residential zone, except for vehicles
engaged in construction parked or stored on an active construction
site.
[Amended 4-16-1986 by Ord. No. 86; 10-3-1988 by Ord. No. O-21-1988; 12-17-1990 by Ord. No. O-29-90; 12-4-2006 by Ord. No. O:53-2006; 4-24-2007 by Ord. No. O:25-2007; 6-5-2014 by Ord. No.
O:12-2014; 11-22-2021 by Ord. No. O:25-2021]
A.
General provisions.
(1)
Purpose.
(a)
The purpose of this section is to establish minimum stormwater
management requirements and controls for major development, as defined
below.
[1]
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.
[a]
Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure best management practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low-impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
[2]
This stormwater runoff from land development projects contributes
to increased quantities of waterborne pollutants.
[3]
Increases of stormwater runoff, soil erosion and nonpoint source
pollutants have occurred in the past as a result of land development
and contribute to the degradation of the water resources of the Township
of Monroe and downstream municipalities.
[4]
Certain lands of the Township of Monroe lie within the Pinelands
Area, and therefore, development in this portion of the Township of
Monroe is subject to the requirements of the Pinelands Protection
Act (N.J.S.A. 13:18A-1 et seq.) and the implementing regulations and
minimum standards contained in the Pinelands Comprehensive Management
Plan (N.J.A.C. 7:50-1.1 et seq.) (CMP).
[5]
Stormwater runoff, soil erosion and nonpoint source pollution
can be controlled and minimized through the regulation of stormwater
runoff from development sites.
(b)
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, and the provisions of the adopted master plan and land use ordinances
of Monroe Township.
(2)
Goals and techniques.
(a)
Through this section, the Township of Monroe has established
the following goals for stormwater control:
[1]
To reduce flood damage, including damage to life and property;
[2]
To minimize any increase in stormwater runoff from new development;
[3]
To reduce soil erosion from any development or construction
project;
[4]
To assure the adequacy of existing and proposed culverts and
bridges, and other in-stream structures;
[5]
To maintain groundwater recharge;
[6]
To minimize any increase in nonpoint pollution;
[7]
To maintain the integrity of stream channels for their biological
functions, as well as for drainage;
[8]
To restore, protect, maintain and enhance the ecological character
and quality of the streams and water resources of the Township of
Monroe;
[9]
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 and groundwaters
of the Township of Monroe, 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.
(b)
In order to achieve the goals for stormwater control set forth
in this section, the Township of Monroe has identified the following
management techniques:
[1]
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.
[2]
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.
[3]
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.
[4]
Source control plans shall be developed based upon physical
site conditions and the origin, nature and the anticipated quantity
or amount of potential pollutants.
[5]
Structural BMPs, where necessary, shall be integrated with nonstructural
stormwater management strategies and proper maintenance plans.
[6]
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.
(3)
Procedures. In addition to other development review procedures set forth in the Code of the Township of Monroe, 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).
(4)
Applicability.
(a)
This section shall be applicable to the following major developments
outside of the Pinelands:
[1]
Nonresidential major developments;
[2]
All site plans and subdivisions for major developments that
require preliminary or final site plan or subdivision review; and
[3]
All major development projects undertaken by the Township of
Monroe. Aspects of residential major developments that are not preempted
by the Residential Site Improvement Standards at N.J.A.C. 5:21.
|
(Note: This clause is intended to provide consistency with DEP's
stormwater management requirements. As per normal practice, all development
within the Pinelands Area which is undertaken by a Pinelands Area
municipality shall comply with all of the requirements of the CMP.)
|
(b)
This section shall also be applicable to all major developments
undertaken by the Township of Monroe.
(5)
Compatibility with other permit and ordinance requirements.
(a)
Development approvals issued pursuant to this section are to
be considered an integral part of development approvals and do not
relieve the applicant of the responsibility to secure required permits
or approvals for activities regulated by any other applicable code,
rule, act, or ordinance. In their interpretation and application,
the provisions of this section shall be held to be the minimum requirements
for the promotion of the public health, safety, and general welfare.
(b)
This section is not intended to interfere with, abrogate, or
annul any other ordinances, rule or regulation, statute, or other
provision of law except that, where any provision of this section
imposes restrictions different from those imposed by any other ordinance,
rule or regulation, or other provision of law, the more restrictive
provisions or higher standards shall control.
(c)
In the event that a regional stormwater management plan(s) is
prepared and formally adopted pursuant to N.J.A.C. 7:8-1.1 et seq.
for any drainage area(s) or watershed(s) of which the Township of
Monroe is a part, the stormwater provisions of such a plan(s) shall
be adopted by the Township of Monroe 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).
B.
AQUACULTURE
CAFRA CENTERS, CORES OR NODES
CAFRA PLANNING MAP
CERTIFICATION
COMMUNITY BASIN
COMPACTION
CONSTRUCTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGN ENGINEER
DESIGN PERMEABILITY
DESIGNATED CENTER
DEVELOPMENT
(1)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
DISTURBANCE
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOODS
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
EXCEPTION
EXTENDED DETENTION BASIN
FINISHED GRADE
GRADING
GREEN INFRASTRUCTURE
GROUNDWATER
GROUNDWATER MOUNDING ANALYSIS
HEAVY EQUIPMENT
HIGH POLLUTANT LOADING AREA
HUC 14/HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
IN-LIEU CONTRIBUTION
INFILTRATION
INSTALL
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
(1)
(2)
(3)
(4)
MINOR DEVELOPMENT
MITIGATION
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NJPDES
NJPDES PERMIT
NODE
NONPOINT SOURCE
(1)
(2)
(3)
(4)
NONSTRUCTURAL BMP
NUTRIENT
PERMEABILITY
PERMEABLE
PERSON
PINELANDS CMP
PINELANDS COMMISSION or COMMISSION
POINT SOURCE
POLLUTANT
PROFESSIONAL ENGINEER
RECHARGE
REGULATED IMPERVIOUS SURFACE
(1)
(2)
(3)
(4)
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
REPLICATE
SAND
SEASONALLY HIGH WATER TABLE
SEDIMENT
SITE
SOIL
SOURCE MATERIAL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER INFILTRATION BMP
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
SUITABLE SOIL
SURFACE WATER
THE TOWNSHIP OF MONROE
TIDAL FLOOD HAZARD AREA
TIME OF CONCENTRATION
TOTAL SUSPENDED SOLIDS
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONES
URBAN REDEVELOPMENT AREA
WATER CONTROL STRUCTURE
WATER TABLE
WATERS OF THE STATE
WELL
WET POND
WETLANDS OR WETLAND
(1)
(2)
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.
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.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
Either 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.
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this chapter.
The increase in soil bulk density caused by subjecting soil
to greater-than-normal loading. Compaction can also decrease soil
infiltration and permeability rates.
The construction, erection, reconstruction, alteration, conversion,
demolition, removal or equipping of buildings, structures or components
of a stormwater management system, including but not limited to collection
inlets, stormwater piping, culverts, swales and all other conveyance
systems, and stormwater BMPs.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Board of Chosen Freeholders
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The Department of Environmental Protection (NJDEP).
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
The tested permeability rate with a factor of safety of two
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).
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels, the
construction, reconstruction, conversion, structural alteration, relocation
or enlargement of any building or structure, any mining excavation
or landfill, and any use or change in the use of any building or other
structure, or land or extension of use of land, for which permission
is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et
seq.
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, 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, for which is permission is required under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
In case of development on, i.e., lands used for an agricultural
use or purpose as defined at N.J.A.C. 7:50-2.11, "development" means:
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
Neighborhoods designated by the Urban Coordinating Council
"in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership, such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas; 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.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
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.).
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 multistage 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."
The elevation of the surface of the ground after completion
of final grading, either via cutting, filling or a combination thereof.
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.
A stormwater management measure that manages stormwater close
to its source by:
Water below the land surface in a zone of saturation.
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.
Equipment, machinery, or vehicles that exert ground pressure
in excess of eight pounds per square inch.
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 a 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."
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
A monetary fee collected by the Township of Monroe 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.
The process by which water seeps into the soil from precipitation.
To assemble, construct, put in place or connect components
of a stormwater management system.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual development, as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of regulated impervious surface
since February 2, 2004;
The creation of 1/4 acre or more of regulated motor vehicle
surface since March 2, 2021; or
A combination of Subsection (2) and (3) 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.
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Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection (1), (2), (3), or (4) 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."
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All development other than major development.
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 the Township of Monroe and the
Pinelands Commission.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, "motor vehicle" does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Subsection I 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.
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.
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.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
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 "nonpoint source."
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."
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
The rate at which water moves through a saturated unit area
of soil or rock material at 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.
Having a permeability of one inch per hour or faster. The
terms "permeable soil," "permeable rock" and "permeable fill" shall
be construed accordingly.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
The New Jersey Pinelands Comprehensive Management Plan (N.J.A.C.
7:50 1.1 et seq.).
The Commission created pursuant to Section 5 of the Pinelands
Protection Act, N.J.S.A. 13:18A-5.
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.
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.
A person licensed to practice professional engineering in
the State of New Jersey pursuant to N.J.S.A. 45:8-27 et seq.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
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.
A particle size category consisting of mineral particles which are between 0.05 millimeter 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 M (USDA soil textural triangle).
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.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
Any material(s) or machinery, located at an industrial facility,
which 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.
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.
Defined as the geographic application of the State Development
and Redevelopment Plan's goals and statewide policies, and the official
map of these goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
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."
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers
resulting from precipitation.
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 inch and 20 inches per
hour.
Any waters of the state which are not groundwater.
The Planning Board, Zoning Board of Adjustment or other board,
agency or official of the Township of Monroe 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, the Township of Monroe may designate
the municipal engineer or other qualified designee to act on behalf
of the Township of Monroe.
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.
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.
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."
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
Previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The upper surface of a zone of saturation.
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.
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.
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
multistage 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."
An area that is inundated or saturated by surface water or ground
water at a frequency and duration sufficient to support, and that
under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation."
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 subsection, N.J.A.C. 7:50-2.11, 6.4 and 6.5.
The term "wetland" shall have the same meaning as "wetlands."
C.
Design and performance standards for stormwater management measures.
(1)
Stormwater management measures for major development shall be
designed to provide erosion control, groundwater recharge, stormwater
runoff quantity control, and stormwater runoff quality treatment as
follows:
(a)
The minimum standards for erosion control are those established
under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq.,
and implementing rules at N.J.A.C. 2:90.
(b)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
(2)
The standards in this section apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or water quality
management plan adopted in accordance with Department rules.
D.
Stormwater management requirements for major development.
(1)
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection I.
(2)
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), N.J.A.C. 7:50-6.27, and N.J.A.C.
7:50-6.33 and 34 as documented in the Department's Landscape Project
or Natural Heritage Database established under N.J.S.A. 13:1B-15.147
through 15.150, particularly Helonias bullata (swamp pink) and/or
Clemmys muhlenbergii (bog turtle).
(3)
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection E:
(a)
The construction of an underground utility line provided that
the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground utility line, provided that
the existing conditions are maintained to the maximum extent practicable;
and
(c)
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
(4)
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(a)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(b)
The applicant demonstrates through an alternatives analysis,
that through the use of stormwater management measures, the option
selected complies with the requirements of Subection D to the maximum
extent practicable;
(c)
The applicant demonstrates that, in order to meet the requirements
of Section D, existing structures currently in use, such as homes
and buildings, would need to be condemned; and
(d)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(4)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection D that were not achievable on-site.
(5)
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection D. 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://dep.nj.gov/stormwater/bmp-manual/.
(6)
Where the BMP tables in the NJ Stormwater Management Rule are
different due to updates or amendments with the tables in this section,
the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f)
shall take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0%
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0%
|
No
|
Yes
|
2
|
|
Grass swale
|
50% or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0%
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a), (g)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80%
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80%
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60% to 80%
|
No
|
No
|
—
|
[Notes corresponding to annotations (a) through (g) are found on Subsection D(6).]
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity (or
for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver
or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80%
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80%
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90%
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50% to 90%
|
Yes
|
No
|
N/A
|
[Notes corresponding to annotations (b) through (d) are found on Subsection D(6).]
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C.
7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue roof
|
0%
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40% to 60%
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80%
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90%
|
No
|
No
|
1
|
|
Wet pond
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at Subsection D.
|
|
(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 D.
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection D.
|
|
Table 4
Pollutant Removal Rates for BMP's
Source: 7:8-5.5(c) and New Jersey BMP Manual Chapter 4
| |||
|---|---|---|---|
|
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% to 60% (final rate based upon detention time; see New Jersey
BMP Manual, Ch. 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) 80% (permeable pavers with storage bed)
|
60%
|
50%
|
|
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)
70% (native grasses, meadow and planted woods)
80% (indigenous woods)
|
30%
|
30%
|
|
Wet pond/retention basin
|
50% to 90% (final rate based upon pool volume and detention
time; see NJ BMP Manual)
|
50%
|
30%
|
(7)
Nutrient removal rates for stormwater BMPs. For purposes of post-development nutrient load reduction calculations, Table 4 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 D.
(8)
For purposes of TSS reduction calculations, Table 4 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 B or found on the NJDEP's website at https://dep.nj.gov/stormwater/. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 4.
(9)
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 I. Alternative stormwater management measures may be used to satisfy the requirements at Subsection E(2) only if the measures meet the definition of green infrastructure at Subsection D(6). Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection E(2) are subject to the contributory drainage area limitation specified at Subsection E 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 E(2) 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 E(2).
(10)
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.
(11)
Design standards for stormwater management measures are as follows:
(a)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(b)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection H;
(c)
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement to minimize and facilitate maintenance
and repairs; and to ensure proper functioning;
(d)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection D; and
(e)
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of 2 1/2 inches
in diameter.
(12)
Manufactured treatment devices may be used to meet the requirements of this section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection B may be used only under the circumstances described at Subsection D.
(13)
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(17), (18), (19) and (20) 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.
(14)
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D shall be met in each drainage area (80% TSS removal rate), 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.
(15)
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 U.S. 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 D. 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.
(16)
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(20) 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 County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection D(15) 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(15) above.
(17)
Green infrastructure standards.
(a)
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection E, 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(9). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
(d)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection E(2) 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(9) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection E.
(e)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection E, unless the project is granted a waiver from strict compliance in accordance with Subsection E.
(18)
Groundwater recharge standards. This subsection contains the
minimum design and performance standards for groundwater recharge
as follows:
(a)
For all major developments, with the exception of those described in Subsection D(18)(d) below, the design engineer, using the assumptions and factors for stormwater runoff and groundwater recharge calculations contained in Subsection E, shall either:
[1]
Demonstrate through hydrologic and hydraulic analysis
that the site and its stormwater management measures maintain 100%
of the average annual preconstruction groundwater recharge volume
for the site; or
[2]
Demonstrate through hydrologic and hydraulic analysis
that the increase of stormwater runoff volume from preconstruction
to post-construction for the two-year, twenty-four-hour storm is infiltrated.
The preceding groundwater recharge standards shall not apply
to sites that create less than one acre of disturbance. The municipality
may choose to remove this exception in its adoption of this section.
(b)
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.
(c)
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection D(18)(d) below.
(d)
The following types of stormwater shall not be recharged:
[1]
Stormwater from areas of high pollutant loading.
High pollutant loading areas are areas in industrial and commercial
developments where solvents and/or petroleum products are loaded/unloaded,
stored, or applied, areas where pesticides are loaded/unloaded or
stored; areas where hazardous materials are expected to be present
in greater than "reportable quantities" as defined by the United States
Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where
recharge would be inconsistent with Department approved remedial action
work plan or landfill closure plan and areas with high risks for spills
of toxic materials, such as gas stations and vehicle maintenance facilities;
and
[2]
Industrial stormwater exposed to source material.
"Source material" means any material(s) or machinery, located at an
industrial facility, that is directly or indirectly related to process,
manufacturing or other industrial activities, which could be a source
of pollutants in any industrial stormwater discharge to groundwater.
Source materials include, but are not limited to, raw materials; intermediate
products; final products; waste materials; by-products; industrial
machinery and fuels, and lubricants, solvents, and detergents that
are related to process, manufacturing, or other industrial activities
that are exposed to stormwater.
(19)
Stormwater runoff quality standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
(b)
Stormwater management measures shall be designed to reduce the
post-construction load of total suspended solids (TSS) in stormwater
runoff generated from the water quality design storm as follows:
[1]
Eighty percent TSS removal of the anticipated load,
expressed as an annual average, shall be achieved for the stormwater
runoff from the net increase of motor vehicle surface.
[2]
If the surface is considered regulated motor vehicle
surface because the water quality treatment for an area of motor vehicle
surface that is currently receiving water quality treatment either
by vegetation or soil, by an existing stormwater management measure,
or by treatment at a wastewater treatment plant is to be modified
or removed, the project shall maintain or increase the existing TSS
removal of the anticipated load expressed as an annual average.
(c)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection D(19)(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(d)
The design engineer shall also use the NJDEP water quality design
storm. The water quality design storm is 1.25 inches of rainfall nonlinear
pattern 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 volumes, peak rates, and
hydrographs of runoff may take into account the implementation of
nonstructural and stormwater management measures.
(e)
To the maximum extent practical, there shall be no direct discharge
of stormwater runoff onto farm fields in all areas of the Township
so as to protect farm crops from damage due to flooding, erosion and
long-term saturation of cultivated crops and cropland.
(f)
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 5 below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
|
Table 5
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
|
(g)
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.
|
(h)
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 nonstructural and structural stormwater management measures,
including green infrastructure BMPs that optimize nutrient removal
while still achieving the groundwater recharge, runoff quantity and
rate, and TSS removal standards in this section.
(i)
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.
(j)
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 1 waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category 1 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.
(k)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(l)
This stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
(20)
Stormwater runoff quantity standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
(b)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection D, complete one of the following:
[1]
Demonstrate through hydrologic and hydraulic analysis
that for stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the preconstruction runoff hydrographs for the same
storm events;
[2]
Demonstrate through hydrologic and hydraulic analysis
that there is no increase, as compared to the preconstruction condition,
in the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
[3]
Design stormwater management measures so that the
post-construction peak runoff rates for the two-, ten- and 100-year
storm events are 50%, 75% and 80%, respectively, of the preconstruction
peak runoff rates. The percentages apply only to the post-construction
stormwater runoff that is attributable to the portion of the site
on which the proposed development or project is to be constructed;
or
[4]
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection D(20)(b)[3][a] and [b] 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.
[a]
The standards for stormwater runoff quantity and rate required by this subsection shall be met using the methods, calculations and assumptions provided in Subsection E.
[b]
The stormwater runoff quantity standards shall
be applied at the site's boundary to each abutting lot, roadway, watercourse,
or receiving storm sewer system.
[c]
The standards for stormwater runoff quality required by this subsection shall be met using the methods, calculations, assumptions and pollutant removal rates provided in Subsection E.
[d]
Exceptions. The preceding stormwater runoff quality
standards shall not apply to the following major development sites:
[e]
The TSS reduction requirement in Subsection D(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
a NJPDES permit from this requirement.
(21)
Additional stormwater quality standards for high pollutant loading
areas and areas where stormwater runoff is exposed to source material.
(a)
For a major development in areas described in Subsection D(21) above, in addition to the infiltration requirements specified in Subsection D(19)(e) and the groundwater recharge requirements specified in Subsection D(18), the applicant shall demonstrate in the land use planning and source control plan required in Subsection I(3)(b)[4] that the following requirements have been met:
[1]
The extent of the areas described in Subsection D(21) above have been minimized on the development site to the maximum extent practicable;
[2]
The stormwater runoff from the areas described in Subsection D(21) 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 D(21) above and the remainder of the site will be minimized;
[3]
The amount of precipitation falling directly on the areas described in Subsection D(21) 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
[4]
The stormwater runoff from or commingled with the areas described in Subsection D(21) above for the water quality design storm, defined in Subsection B. Table 5 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:
[a]
Bioretention system;
[b]
Sand filter;
[c]
Wet ponds which shall be hydraulically disconnected
by a minimum of two feet of vertical separation from seasonal high
water table and shall be designated to achieve a minimum 80% TSS removal
rate;
[d]
Constructed stormwater wetlands; and/or
[e]
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.
(b)
If the potential for contamination of stormwater runoff by petroleum products exists on-site, prior to being conveyed to the pretreatment BMP required in Subsection D(21) above, the stormwater runoff from the areas described in Subsection D(21) 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.
E.
Calculation of stormwater runoff and groundwater recharge.
(1)
Stormwater runoff shall be calculated in accordance with the
following:
(a)
The design engineer shall calculate runoff using one of the
following methods:
[1]
The USDA Natural Resources Conservation Service (NRCS) methodology,
including the NRCS Runoff Equation, Runoff Curve Numbers, 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. 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.
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/stelprdb10
44171.pdf or at United States Department of Agriculture Natural Resources
Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873;
or
[2]
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The Rational and Modified Rational
Methods are described in "Appendix A-9, Modified Rational Method"
in the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, P.O. Box 330, Trenton, New Jersey 08625. The document is
also available at: Page 13 http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
(b)
For the purpose of calculating runoff coefficients, runoff curve numbers (CN's), 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).
[1]
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.
(c)
In computing preconstruction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce preconstruction stormwater runoff rates and volumes.
(d)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
(e)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
(2)
Groundwater recharge may be calculated in accordance with the
following:
(a)
The New Jersey Geological Survey Report GSR-32, A Method for
Evaluating 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, P.O. Box 420
Mail Code 29-01, Trenton, New Jersey 08625-0420.
(b)
Alternative groundwater recharge calculation methods to meet
these requirements may be used upon approval by the municipal engineer.
F.
Sources for technical guidance.
(1)
Technical guidance for stormwater management measures can be
found in the documents listed below, which are available to download
from the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(a)
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
(b)
Additional maintenance guidance is available on the Division
of Watershed Management, NJDEP P.O. Box 418, Trenton, New Jersey 08625
or online at: https://dep.nj.gov/stormwater/maintenance-guidance/.
(2)
Submissions required for review by the Department should be
mailed to: The Division of Water Quality, New Jersey Department of
Environmental Protection, Mail Code 401-02B, P.O. Box 420, Trenton,
New Jersey 08625-0420.
(3)
Additional sources for technical guidance.
(a)
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.
(b)
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.
(c)
State Soil Conservation Committee Standards for Soil Erosion
and Sediment Control in New Jersey: available from all State Soil
Conservation Districts (including Gloucester Soil Conservation District,
14 Park Place, Sewell, NJ 08080; phone: 856-589-5250; fax: 856-256-0488).
(d)
Gloucester Soil Conservation District.
(e)
New Jersey Department of Transportation, P.O. Box 600, Trenton,
NJ 08625-0600; phone: 609-530-3536; website: http://www.state.nj.us/transportation.
G.
Solids and floatable materials control standards:
(1)
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:
(2)
Site design features identified under Subsection I, or alternative designs in accordance with Subsection C 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(2)(b) below.
(a)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
[1]
The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines; or
[2]
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches, or is no greater
than 0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
[3]
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven square inches, or be no greater than
two inches across the smallest dimension.
(b)
The standard does not apply:
[1]
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than 9.0 square inches;
[2]
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
[3]
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end-of-pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
[a]
A rectangular space 4 5/8 (4.625) inches long
and 1 1/2 inches wide (this option does not apply for outfall
netting facilities); or
[b]
A bar screen having a bar spacing of 0.5 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].
|
[4]
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
water quality design storm as specified in N.J.A.C. 7:8; or
[5]
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
(c)
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.
(d)
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.
H.
Safety standards for stormwater management basins.
(1)
This section sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This section applies to any new stormwater management BMP. Structural
stormwater management measures shall be designed to meet the standards
established in this subsection. These standards have been developed
to protect public safety, conserve natural features, create an aesthetically
pleasing site and promote proper on-site stormwater management. (Note:
Though not required by N.J.A.C. 7:8, pursuant to their authority,
municipalities may have the option to require existing basins that
pose a public health or safety hazard to be retrofitted to comply
with the standards in this subsection.)
(2)
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 readily accessible means of ingress and egress from the outlet structure. With the prior approval of the municipality pursuant to Subsection H(4), a freestanding outlet structure may be exempted from this requirement.
(3)
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection H(4) for trash racks, overflow grates, and escape provisions at outlet structures.
(4)
Requirements for trash racks, overflow grates and escape provisions.
(a)
A trash rack is a device designed to intercept runoff-borne trash
and debris and prevent the clogging of outlet structures. Trash racks
shall be installed at the intake to the outlet from the stormwater
management BMP to ensure proper functioning of the BMP outlets in
accordance with the following:
[1]
The trash rack shall have parallel bars, with no greater than
one-inch spacing between the bars. 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;
[2]
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
[3]
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
[4]
The trash rack shall be constructed of rigid, durable, and corrosion-resistant
material and designed to withstand a perpendicular live loading of
300 pounds per square foot.
(b)
An overflow grate is 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:
[1]
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
[2]
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
[3]
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion-resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
(c)
Stormwater management BMPs shall include escape provisions as
follows:
[1]
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection H(4), a freestanding outlet structure may be exempted from this requirement;
[2]
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See Subsection H(19) for an illustration of safety ledges in a stormwater management BMP;
[3]
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical; and
[4]
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 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
below for an illustration of safety ledges in a stormwater management
basin.
(5)
The use of corrugated polyethylene pipe shall have a minimum
cover of 18 inches below the bottom of the stabilized subgrade for
H525 live loads for up to thirty-six-inch-diameter pipe. Pipe greater
than 36 inches in diameter shall only be permitted after review and
approval of the Planning or Zoning Board engineer.
(6)
Extreme care must be taken when heavy equipment crosses the
pipe trench during construction, including construction of the various
elements of the site plan or subdivision, including curb, sidewalk,
pavement, etc. Compacted fill in the form of a ramp shall be constructed
to a minimum elevation of three feet above the top of the pipe trench
and maintained during the duration of the construction until pavement
is installed.
(7)
Strict backfill requirements shall be approved by the Township
Engineer upon submission by the project engineer prior to any installation.
Backfill shall include the use of engineered flowable fill to a depth
of 2/3 of the pipe diameter. Strict compliance to the manufacturer's
installation standards will be observed.
(8)
Full-time inspection by Township personnel of the installation
of corrugated polyethylene pipe shall be required.
(9)
Mandrel testing of all HDPE pipe shall be completed before paving
begins. Any pipe exceeding a deflection of 7.5% shall be removed and
replaced.
(10)
Video inspection of the stormwater collection system will be
required before final paving is completed.
(11)
Use of perforated corrugated polyethylene pipe for recharge
purposes shall not be permitted under roadways, drives or parking
lots.
(12)
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 J of this section.
(13)
To the maximum extent practicable, the design engineer shall
design structural stormwater management measures on the development
site in a manner that:
(a)
Limits site disturbance, maximizes stormwater management efficiencies,
and maintains or improves aesthetic conditions;
(b)
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;
(c)
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 municipal engineer.
(14)
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:
(15)
Stormwater management basins shall be designed with gently sloping
sides. The maximum allowable basin side slope shall be three horizontal
to one vertical.
(16)
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 Planning Board
or Zoning Board engineer.
(17)
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, the Township of Monroe reserves the right
to engage a professional engineer to review the as-built plans. The
applicant shall pay all costs associated with such review.
(18)
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.
(19)
Safety ledge illustration.
|
Elevation View - Basin Safety Ledge Configuration
 |
I.
Requirements for a site development stormwater plan.
(1)
Submission of site development stormwater plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection I(3) below as part of the submission of the application for approval. These required components are in addition to any other information required under any provisions of the Township of Monroe's land use ordinance or by the Pinelands Commission pursuant to N.J.A.C. 7:50-1.1 et seq.
(b)
The applicant shall demonstrate that the project meets the standards
set forth in this section.
(2)
Site development stormwater plan approval.
(a)
The applicant's site development project shall be reviewed as
a part of the subdivision or site plan review process by the municipal
board or official from which municipal approval is sought. That municipal
board or official shall consult the municipality's review engineer
to determine if all of the checklist requirements have been satisfied
and to determine if the project meets the standards set forth in this
section.
(3)
Submission of site development stormwater plan.
(a)
Any application for approval of a major development shall include
at least the following information. All required engineering plans
shall be submitted to the Township of Monroe and the Pinelands Commission
in CAD Format 15 or higher, 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. Three copies of each item shall be submitted. The municipality
may choose to revise these criteria for consistency with its own software
requirements.
(b)
The following information shall be required:
[1]
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 1 waters or pinelands, 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. The Township of Monroe or the
Pinelands Commission may require upstream tributary drainage system
information as necessary.
[2]
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 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 or constraints for development.
[3]
Project description and site plans.
[a]
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.
[b]
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 analyses 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.
[4]
Land use planning and source control plan.
[a]
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 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 I(3)(b)[4][a][i] through [ix] will be implemented to the maximum extent practicable to meet the standards at Subsection D 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.
[i]
Protect areas that provide water quality benefits
or areas particularly susceptible to erosion and sediment loss;
[ii]
Minimize impervious surfaces and break up or disconnect
the flow of runoff over impervious surfaces;
[iii]
Maximize the protection of natural drainage features
and vegetation;
[iv]
Minimize the decrease in the predevelopment "time
of concentration";
[v]
Minimize land disturbance including clearing and
grading;
[vi]
Minimize soil compaction and all other soil disturbance;
[vii]
Provide low-maintenance landscaping that provides
for the retention and planting of native plants and minimizes the
use of lawns, fertilizers and pesticides within the entire Township;
this shall be in accordance with N.J.A.C. 7:50-6.24;
[viii]
Provide vegetated open-channel conveyance systems
discharging into and through stable vegetated areas; and
[ix]
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:
[A]
Site design features that help to prevent accumulation
of trash and debris in drainage systems;
[B]
Site design features that help to prevent discharge
of trash and debris from drainage systems;
[C]
Site design features that help to prevent and/or
contain spills or other harmful accumulations of pollutants at industrial
or commercial developments; and
[D]
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.
[b]
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 I(2) to the Township of Monroe. A determination by the Township of Monroe that this rationale is inadequate or without merit shall result in a denial of the application unless one of the following conditions are met:
[i]
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 the Township of Monroe;
[ii]
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 I(4)(a), and the
amended plan is approved by the Township of Monroe; or
[iii]
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 the Township of Monroe.
[c]
In addition to all other requirements of this subsection,
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 Township of Monroe's 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
NJ State Soil Conservation Committee Standards for Soil Erosion and
Sediment Control in New Jersey, which is incorporated herein by reference
as amended and supplemented.
[d]
Any land area used as a nonstructural stormwater management measure to meet the performance standards in Subsection I(3)(b)[4][a] 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 the Township of Monroe that ensures that that measure, or equivalent stormwater management measure, is maintained in perpetuity, as detailed in Subsection I(3)(b)[7] of this section.
[e]
Guidance for nonstructural stormwater management strategies is available in the New Jersey BMP Manual, which may be obtained from the address identified in Subsection D(5) or found on the NJDEP's website at www.njstormwater.org.
[f]
Exception for major development sites creating less than one acre of disturbance. The use of nonstructural strategies to meet the performance standards in Subsection I(3)(b)[4][a] of this section is not required for major development creating less than one acre of disturbance. However, the following requirements shall be met:
[i]
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 Monroe Township Land Use Ordinance, Zoning Ordinance, or by
conditions of zoning or variance approval, in all areas of the Township;
and
[ii]
Existing trees and vegetation shall be protected
in all areas of the Township during construction activities in accordance
with the Standard for Tree Protection During Construction provided
in the NJ State Soil Conservation Committee Standards for Soil Erosion
and Sediment Control in New Jersey, which is incorporated herein by
reference as amended and supplemented.
[g]
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 D(18)(d) of this section, the applicant shall also demonstrate in the land use planning and source control plan that the requirements of Subsection D have been met.
[h]
The use of nonstructural strategies to meet the performance standards in Subsection I(3)(b)[4][a] of this section is not required for development sites creating less than one acre of disturbance. However, 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 Monroe Township Land Use Ordinance, Zoning Ordinance or by conditions of zoning or variance approval, in all areas of the Township.
[5]
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
[a]
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.
[b]
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.
[6]
Calculations.
[a]
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection I of this section. The standards for groundwater recharge and stormwater runoff rate, volume and quality required by Subsection D shall be met using the methods, calculations and assumptions provided in Subsection E.
[b]
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.
[7]
Inspection, maintenance and repair plan.
[a]
The applicant shall submit a detailed plan describing how the proposed stormwater management measure(s) shall meet the maintenance and repair requirements of Subsection J of this section. Said plan shall include, at a minimum, the following elements:
[i]
The frequency with which inspections will be made;
[ii]
The specific maintenance tasks and requirements
for each proposed structural and nonstructural BMP;
[iii]
The name, address and telephone number for the
entity responsible for implementation of the maintenance plan;
[iv]
The reporting requirements; and
[v]
Copies of the inspection and maintenance reporting
sheets.
[8]
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)(b)[1] through [6] of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
J.
Maintenance and repair.
(2)
General maintenance.
(a)
The design engineer shall prepare a maintenance plan for the stormwater management, 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 I(2). Inspection and maintenance guidelines for stormwater management measures are available in the New Jersey BMP Manual.
(b)
The maintenance plan shall contain specific preventative maintenance
tasks and schedules; cost estimates, including estimated cost of sediment,
debris, or trash removal; Specific locations of each stormwater management
measure identified by means of longitude and latitude as well as block
and lot number; and the name, address, and telephone number of the
person or persons responsible for 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 plan
shall contain information on BMP location, design, ownership, maintenance
tasks and frequencies, and other details as specified in Chapter 8
of the NJ BMP Manual, as well as the tasks specific to the type of
BMP, as described in the applicable chapter containing design specifics.
(c)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
(d)
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
(e)
If the party responsible for maintenance identified under Subsection J(2) above is not a public agency, the maintenance plan and any future revisions based on Subsection J(2) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(f)
Preventative and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.). of the stormwater management measure,
including, but not limited to, repairs or replacement (to any associated
appurtenance of the measure) 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, and restoration of infiltration
function.
(g)
The party responsible for maintenance identified under Section
J(2)(f) above shall perform all of the following requirements:
[1]
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders.
[2]
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed.
[3]
Retain and make available, upon request by any public entity
with administrative, health, environmental, or safety authority over
the site, the maintenance plan and the documentation required by Section
D(1) above.
[4]
Records and inspection reports shall be retained for a minimum
of five years.
[5]
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.
[b]
The person responsible for inspection, maintenance and repair identified under Subsection J(2)(g) 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 Subsection J(2)(g) above.
[6]
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.
(i)
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.
(j)
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 Township of Monroe, 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 with its own
forces and equipment and/or through contractors, and shall bill the
cost thereof to the responsible person. The costs and expenses of
such maintenance and repair by the Township of Monroe 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.
(k)
Requirements for inspection, maintenance and repair of stormwater
BMPs that rely on infiltration.
[1]
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:
[a]
Once per month (if needed): mow side slopes, remove
litter and debris, stabilize eroded banks, repair erosion at inflow
structure(s);
[b]
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 breaking up clogged surfaces;
[c]
Four times per year (quarterly): inspect stormwater
infiltration BMPs for clogging and excessive debris and sediment accumulation
within the BMP, remove sediment (if needed) when completely dry;
[d]
Two times per year: inspect for signs of damage
to structures, repair eroded areas, check for signs of petroleum contamination
and remediate;
[e]
Once per year: inspect BMPs for unwanted tree growth
and remove if necessary, disc or otherwise aerate bottom of infiltration
basin to a minimum depth of six inches; and
[f]
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.
[2]
Additional guidance for the inspection, maintenance and repair
of stormwater infiltration BMPs can be found in the New Jersey BMP
Manual.
(3)
Nothing in this subsection shall preclude the municipality in
which the major development is located from requiring the posting
of a performance or maintenance guarantee in accordance with N.J.S.A.
40:55D-53(a). The applicant shall provide a maintenance guarantee
to ensure that all stormwater management measures required under the
provisions of this section will be maintained in accordance with the
specifications established herein.
(a)
Additionally, for those stormwater management measures that
are to be inspected, maintained and repaired by a public agency, the
Township of Monroe shall collect an up-front fee from the applicant
in the amount the Township of Monroe determines is needed to provide
long-term inspection, maintenance and repair of all stormwater management
measures. This up-front fee shall be placed in a dedicated cash management
account and expended by the Township of Monroe for the sole purpose
of conducting inspection, maintenance and repair activities for all
stormwater management measures required under the applicant's major
development application approval. The calculation of the fee shall
be based upon the inspection, maintenance and repair plan (plan) required
to be prepared by the applicant and approved by the Township of Monroe.
The plan shall include an estimate of the present value of the cost
to inspect, maintain and repair the stormwater management measure(s)
in accordance with the plan for the useful life of those measure(s).
The Township of Monroe shall furnish the applicant its published hourly
rates as prescribed by its salary ordinance for public works and other
personnel having responsibilities associated with stormwater management.
Added to this fee shall be an amount mutually determined by the Township
of Monroe and the applicant to account for the reconstruction of stormwater
management measures that are reasonably anticipated to be subject
to long-term failure. After an agreed number of years, depending on
the type of measure(s), the measure(s) will need to be reconstructed.
The amount shall be based on the future value of the measure(s) being
reconstructed. Both inflation rates and bank interest rates shall
be based on the ten-year average published in the Wall Street Journal
or other approved publication. Interest accruing in the account must
also be accounted for at an agreed-upon interest rate, to arrive at
an amount. The costs for reconstructing the measure(s) shall be taken
from the engineer's probable cost estimate that is utilized to determine
the amount of the required performance guarantee. It is acceptable
to attach a percentage of failure to certain line items in the estimate.
(b)
Additionally, for those stormwater management measures that
are to be inspected, maintained and repaired by a homeowners' association,
condominium association or some other form of nonpublic ownership,
no fee shall be collected by the Township of Monroe. Instead, the
ownership entity shall establish and maintain a fund for the annual
inspection and testing program, annual maintenance and repair program
and annual contribution to a contingency fund for long-term reconstruction.
(c)
The initial costs agreed to for the annual inspection and testing
program and annual maintenance and repair program shall be based upon
actual itemized proposals offered to the applicant by prospective
vendors. The annual cost expended on inspection, testing and maintenance
shall be reported to the Township of Monroe to verify that maintenance
is not being deferred and to inform the Township of Monroe on the
magnitude of those services.
(d)
The contingency fund shall require sufficient funds to be committed
for long-term reconstruction of the stormwater management measure(s).
Major reconstruction activities will necessitate proper financial
planning. After an agreed number of years, depending on the type of
measure(s), the measure(s) will need to be reconstructed. The contingency
fund in the financial schedule shall be based on the future value
of the measure being reconstructed. Both inflation rates and bank
interest rates shall be based on the ten-year average published in
the Wall Street Journal or other approved publication. Interest accruing
in the account must also be accounted for at an agreed-upon interest
rate, to arrive at an annual contribution amount.
K.
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 following penalties: Any violation
of any of the requirements of this section herein shall be subject
to a fine not to exceed $1,000 and/or 30 days in jail and up to 90
days of community service. Each violation shall constitute a separate
offense under this section.
L.
Severability. Each subsection, sentence, clause and phrase of this
section is declared to be an independent subsection, sentence, clause
and phrase, and the finding or holding of any such portion of this
section to be unconstitutional, void, or ineffective for any cause,
or reason, shall not affect any other portion of this section.
M.
Appendix.
(1)
Methods for calculating groundwater recharge.
(a)
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.
(b)
The New Jersey Groundwater Recharge Spreadsheet (NJGRS). Available
in the New Jersey BMP Manual, Chapter 6, at https://dep.nj.gov/stormwater/bmp-manual/.
(c)
New Jersey Geological and Water Survey, 29 Arctic Parkway, P.O.
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
(2)
NJDEP nonstructural strategies point system. The New Jersey Stormwater Management Rules at N.J.A.C. 7:8-5.2(a), and Subsection I(3)(b)[4][a] 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.
(3)
USDA soil textural triangle.
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Source: U.S. Department of Agriculture.
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(4)
A-HORIZON
ARTESIAN ZONE OF SATURATION
CHROMA
CLAY
CLAY LOAM
COARSE FRAGMENT
COUNTY SOIL SURVEY REPORT
DIRECT SUPERVISION
EQUIVALENT SPHERICAL DIAMETER OF A PARTICLE
EXCESSIVELY COARSE HORIZON
EXCESSIVELY COARSE SUBSTRATUM
EXTREMELY FIRM CONSISTENCE
FIRM CONSISTENCE
HARD CONSISTENCE
HUE
HYDRAULICALLY RESTRICTIVE HORIZON
HYDRAULICALLY RESTRICTIVE SUBSTRATUM
LOAMY SAND
LOWER PLASTIC LIMIT
MOTTLING
MUNSELL SYSTEM
O-HORIZON
PERCHED ZONE OF SATURATION
PIEZOMETER
PLATY STRUCTURE
REGIONAL ZONE OF SATURATION
SANDY CLAY
SANDY LOAM
SILT
SILT LOAM
SILTY CLAY
SILTY CLAY LOAM
SOIL AGGREGATE
SOIL COLOR
SOIL CONSISTENCE
SOIL HORIZON
SOIL LOG
SOIL MAPPING UNIT
SOIL PHASE
SOIL PROFILE
SOIL SERIES
SOIL STRUCTURAL CLASS
SOIL STRUCTURE
SOIL TEST PIT
SOIL TEXTURAL CLASS
SOIL TEXTURE
STATIC WATER LEVEL
SUBSTRATUM
UNSUITABLE SOIL
USDA SYSTEM OF CLASSIFICATION
VALUE
VERY FIRM CONSISTENCE
VERY HARD CONSISTENCE
ZONE OF SATURATION
Definitions. For the purposes of this Subsection M(3), the following terms shall have the meanings herein ascribed to them.
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 which is at a
pressure greater than atmospheric, either seasonally or throughout
the year.
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.
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 M(3) (USDA Soil Textural Triangle).
A soil textural class having 27% to 40% clay and 20% to 45% sand, as shown in Subsection M(3) (USDA Soil Textural Triangle).
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.
A report prepared by the US 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.
Control over and direction of work carried out by others
with full knowledge of and responsibility for such work.
The diameter of a sphere which has a volume equal to the
volume of the particle.
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.
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.
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.
A type of soil material whose moist aggregated mass crushes
under moderate pressure between the thumb and forefinger but resistance
is distinctly noticeable.
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.
The dominant spectral color, one of the three variables of
soil color defined within the Munsell system of classification.
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 one inch per hour is hydraulically
restrictive.
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 one inch per
hour is hydraulically restrictive.
A soil textural class, as shown in Subsection M(3) (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.
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.
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.
A system of classifying soil color consisting of an alphanumeric
designation for hue, value and chroma, such as "7.5 YR 6/2," together
with a descriptive color name, such as "strong brown."
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.
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.
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.
Characterized by a soil aggregate which has one axis distinctly
shorter than the other two and is oriented with the short axis vertical.
A zone of saturation which extends vertically without interruption
below the depth of soil borings and profile pits.
A soil textural class having 35% or more of clay and 45% or more of sand, as shown in Subsection M(3) (USDA Soil Textural Triangle).
A soil textural class, as shown in Subsection M(3) (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.
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 M(3) (USDA Soil Textural Triangle).
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 M(3) (USDA Soil Textural Triangle).
A soil textural class having 40% or more of clay and 40% or more of silt, as shown in Subsection M(3) (USDA Soil Textural Triangle).
A soil textural class having 27% to 40% of clay and less than 20% of sand, as shown in Subsection M(3) (USDA Soil Textural Triangle).
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.
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.
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).
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.
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.
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.
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.
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.
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.
One of the shape classes of soil structure described in N.J.A.C.
7:9A-5.3(g).
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.
An excavation made for the purpose of exposing a soil profile
which is to be described.
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).
The relative proportions of sand, silt and clay in that portion
of the soil which passes through a sieve with two-millimeter openings.
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.
A layer of soil or rock material present below the soil profile
and extending beyond the depth of soil borings or profile pits.
All soil other than suitable soil.
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 M(3).
The relative lightness or intensity of a color, one of the
three variables of soil color defined within the Munsell system of
classification.
Characterized by a moist soil which crushes under strong
pressure; barely crushable between thumb and forefinger.
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.
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.
(5)
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:
(a)
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 the Township of Monroe.
(b)
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.
(c)
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.
(d)
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, 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.
(e)
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 redoximorphic
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.
(f)
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.
(g)
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.
(h)
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), 6.5 (Pit Bailing Test) or 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.
(i)
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.
(j)
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.
(k)
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 certified to the
municipal engineer.
(l)
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 municipal engineer with the methodology
and supporting documentation for the mounding analysis used and shall
certify to the Township of Monroe, based upon the analysis, that the
groundwater mound will not cause stormwater or groundwater to breakout
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 are authorized by the
municipal 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.
[Added 4-24-2023 by Ord.
No. O:19-2023]
A.
Scope and purpose.
(1)
Policy statement. Flood control, groundwater recharge, erosion
control and pollutant reduction shall be achieved using stormwater
management measures, including green infrastructure best management
practices (BMPs) and nonstructural stormwater management strategies.
Green infrastructure BMPs and low-impact development should be utilized
to meet the goal of maintaining natural hydrology to reduce stormwater
runoff volume, reduce erosion, encourage infiltration and groundwater
recharge, and reduce pollution. Green infrastructure BMPs and low-impact
development should be developed based upon physical site conditions
and the origin, nature and the anticipated quantity, or amount, of
potential pollutants. Multiple stormwater management BMPs may be necessary
to achieve the established performance standards for water quality,
quantity, and groundwater recharge contained in this section.
(2)
Purpose. The purpose of this section is to establish, within
the Pinelands Area portion of Monroe Township, minimum stormwater
management requirements and controls as authorized by the Pinelands
Protection Act (N.J.S.A. 13:18A-1 et seq.) and consistent with the
Pinelands Comprehensive Management Plan (CMP) (N.J.A.C. 7:50-1.1 et
seq.) and the New Jersey Department of Environmental Protection (NJDEP)
Stormwater Management Regulations (N.J.A.C. 7:8-1.1 et seq.). The
standards in this section are intended to minimize the adverse impact
of stormwater runoff on water quality and water quantity, to facilitate
groundwater recharge, and to control and minimize soil erosion, stream
channel erosion, sedimentation and pollution associated with stormwater
runoff. Moreover, Pinelands Area resources are to be protected in
accordance with the antidegradation policies contained in the New
Jersey Surface Water Quality Standards (N.J.A.C. 7:9B-1.1 et seq.).
Additionally, this section is intended to ensure the adequacy of existing
and proposed culverts and bridges and to protect public safety through
the proper design and operation of stormwater BMPs. If there are any
conflicts between a provision required by the Pinelands CMP and a
provision required by the NJDEP, the Pinelands CMP provision shall
apply.
(3)
Applicability.
(a)
The terms "development," "major development" and "minor development" are defined in § 175-140.1B in accordance with the Pinelands CMP (N.J.A.C. 7:50-2.11) and differ from the definitions of "development" and "major development" contained in the NJDEP Stormwater Management Regulations (N.J.A.C. 7:8-1.2).
(b)
This section shall apply within the Pinelands Area to all major
development, and to minor development meeting the following criteria:
[1]
Development involving the construction of four
or fewer dwelling units;
[2]
Development involving any nonresidential use and
resulting in an increase of greater than 1,000 square feet of regulated
motor vehicle surfaces; and
[3]
Development involving the grading, clearing, or
disturbance of an area in excess of 5,000 square feet within any five-year
period. For development meeting this criterion, the stormwater management
standards for major development set forth in this section shall apply.
(c)
This section shall apply to all development meeting the criteria of Subsection A(3)(b) above that is undertaken by Monroe Township.
(d)
Except as provided in § 175-140.1J, the exemptions, exceptions, applicability standards, and waivers of strict compliance contained in the NJDEP Stormwater Management Regulations at N.J.A.C. 7:8-1.1 et seq. shall not apply within the Pinelands Area.
(4)
Compatibility with other permit and ordinance requirements.
(a)
Development approvals issued pursuant to this section are to
be considered an integral part of development approvals and do not
relieve the applicant of the responsibility to secure required permits
or approvals for activities regulated by any other applicable code,
rule, act, or ordinance. In their interpretation and application,
the provisions of this section shall be held to be the minimum requirements
for the promotion of the public health, safety, and general welfare.
(b)
This section is not intended to interfere with, abrogate, or
annul any other ordinances, rule or regulation, statute, or other
provision of law except that, where any provision of this section
imposes restrictions different from those imposed by any other ordinance,
rule or regulation, or other provision of law, the more restrictive
provisions or higher standards shall control.
(c)
In the event that a regional stormwater management plan(s) is
prepared and formally adopted pursuant to N.J.A.C. 7:8-1.1 et seq.
for any drainage area(s) or watershed(s) of which Monroe Township
is a part, the stormwater provisions of such a plan(s) shall be adopted
by Monroe Township within one year of the adoption of a Regional Stormwater
Management Plan (RSWMP) as an amendment to an Areawide Water Quality
Management Plan. Local ordinances proposed to implement the RSWMP
shall be submitted to the Pinelands Commission for certification within
six months of the adoption of the RSWMP per N.J.A.C. 7:8 and the Pinelands
CMP.
B.
COMPACTION
CONTRIBUTORY DRAINAGE AREA
COUNTY REVIEW AGENCY
DESIGN ENGINEER
DEVELOPMENT
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(2)
DISTURBANCE
DRAINAGE AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HIGH POLLUTANT LOADING AREAS
HUC-14 or HYDROLOGIC UNIT CODE 14
HUC-11 or HYDROLOGIC UNIT CODE 11
IMPERVIOUS SURFACE
INFILTRATION
MAJOR DEVELOPMENT
MINOR DEVELOPMENT
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NUTRIENT
PERMEABILITY
PERSON
POLLUTANT
RECHARGE
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
SEASONAL HIGH WATER TABLE
SEDIMENT
SITE
SOIL
SOURCE MATERIAL
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER RUNOFF
WATERS OF THE STATE
WETLAND TRANSITION AREA
WETLANDS or WETLAND
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the NJDEP Stormwater Management
Rules at N.J.A.C. 7:8-1.2 unless otherwise defined in the Pinelands
CMP at N.J.A.C. 7:50-2.11 in which case the definition corresponds
to the CMP definition.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
An agency designated by the County Commissioners to review
municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
The change of or enlargement of any use or disturbance of any
land, the performance of any building or mining operation, the division
of land into two or more parcels, and the creation or termination
of rights of access or riparian rights, including but not limited
to:
A change in type of use of a structure or land;
A reconstruction, alteration of the size, or material change
in the external appearance of a structure or land;
A material increase in the intensity of use of land, such as
an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land;
Commencement of resource extraction or drilling or excavation
on a parcel of land;
Demolition of a structure or removal of trees;
Commencement of forestry activities;
Deposit of refuse, solid or liquid waste or fill on a parcel
of land;
In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
material; and
Alteration, either physically or chemically, of a shore, bank,
or 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.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered "disturbance" for the purposes of this definition.
A geographic area within which stormwater runoff, sediments,
or dissolved materials drain to a particular receiving water body
or to 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 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 NJDEP Landscape Project
as approved by the NJDEP Endangered and Nongame Species Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
Areas in industrial and commercial developments where solvents
and/or petroleum products are loaded/unloaded, stored, or applied,
areas where pesticides are loaded/unloaded or stored; areas where
hazardous materials are expected to be present in greater than "reportable
quantities" as defined by the United States Environmental Protection
Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent
with NJDEP approved remedial action work plan or landfill closure
plan and areas with high risks for spills of toxic materials, such
as gas stations and vehicle maintenance facilities.
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by an eleven-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
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.
The process by which water seeps into the soil from precipitation.
Any division of land into five or more lots; any construction
or expansion of any housing development of five or more dwelling units;
any construction or expansion of any commercial or industrial use
or structure on a site of more than three acres; or any grading, clearing
or disturbance of an area in excess of 5,000 square feet.
All development other than major development.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by "motor vehicles" and/or aircraft, and is directly exposed
to precipitation including, but not limited to, driveways, parking
areas, parking garages, roads, racetracks, and runways.
The manual maintained by the NJDEP providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the NJDEP as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the NJDEP as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the NJDEP's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with § 175-140.1C(6) and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
The rate at which water moves through a unit area of soil,
rock, or other material at hydraulic gradient of one.
An individual, corporation, public agency, business trust,
partnership, association, two or more persons having a joint or common
interest, or any other legal entity.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance (except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.), thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, ground waters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase in motor vehicle surface; and/or
The total area of motor vehicle surface that is currently receiving
water quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant, where the water quality treatment will be modified or removed.
The level below the natural surface of the ground to which
water seasonally rises in the soil in most years.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which development is to occur or has
occurred.
All unconsolidated mineral and organic material of any origin.
Any material(s) or machinery, located at an industrial facility,
that is directly or indirectly related to process, manufacturing or
other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area within 300 feet of any wetland.
Lands which are inundated or saturated by water at a magnitude,
duration and frequency sufficient to support the growth of hydrophytes.
Wetlands include lands with poorly drained or very poorly drained
soils as designated by the National Cooperative Soils Survey of the
Soil Conservation Service of the United States Department of Agriculture.
Wetlands include coastal wetlands and inland wetlands, including submerged
lands. The "New Jersey Pinelands Commission Manual for Identifying
and Delineating Pinelands Area Wetlands — A Pinelands Supplement
to the Federal Manual for Identifying and Delineating Jurisdictional
Wetlands," dated January 1991, as amended, may be utilized in delineating
the extent of wetlands based on the definitions of wetlands and wetlands
soils contained in N.J.A.C. 7:50-2.11, 6.3, 6.4 and 6.5.
C.
Stormwater management requirements.
(1)
Stormwater management measures for development regulated under
this section shall be designed to provide erosion control, groundwater
recharge, stormwater runoff quantity control and stormwater runoff
quality treatment in accordance with this section.
(a)
Major development shall meet the minimum design and performance
standards for erosion control established under the Soil Erosion and
Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules
at N.J.A.C. 2:90 and 16:25A.
(b)
All development regulated under this section shall meet the minimum design and performance standards for groundwater recharge, stormwater runoff quality, and stormwater runoff quantity at § 175-140.1C(15), (16), and (17) by incorporating green infrastructure as provided at § 175-140.1C(14).
(2)
All development regulated under this section shall incorporate a maintenance plan for the stormwater management measures in accordance with § 175-140.1I.
(3)
Stormwater management measures shall avoid adverse impacts of
concentrated flow on habitat for threatened and endangered species
in accordance with N.J.A.C. 7:8-5.2(c) and N.J.A.C. 7:50-6.27 and
6.33.
(4)
Tables 1, 2, and 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater BMP Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 175-140.1C(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://dep.nj.gov/stormwater/bmp-manual/.
[Amended 5-22-2024 by Ord. No. O:20-2024]
(5)
Where the BMP tables at N.J.A.C. 7:8-5.2(f) differ with Tables 1, 2 and 3 below due to amendment, the BMP Tables at N.J.A.C. 7:8-5.2(f) shall take precedence, except that in all cases the lowest point of infiltration must maintain a minimum separation of two feet to seasonal high water table as required by § 175-140.1C(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
|
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)
2(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(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
|
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
|
2(i)
|
|
Wet pond(d)
|
50% to 90%
|
Yes
|
No
|
2(i)
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity only with a Variance from N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue roof
|
0%
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40% to 60%
|
Yes
|
No
|
2
|
|
Manufactured treatment device(h)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80%
|
Yes
|
No
|
2
|
|
Subsurface gravel wetland
|
90%
|
No
|
No
|
2
|
|
Wet pond
|
50% to 90%
|
Yes
|
No
|
2(i)
|
|
Footnotes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 175-140.1C(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 § 175-140.1B.
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at § 175-140.1B.
|
|
(i)
|
The top elevation of the impermeable layer or liner must maintain
this two-foot minimum separation to the seasonal high water table.
|
(6)
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the NJDEP and the Pinelands Commission in accordance with § 175-140.1E(2). Alternative stormwater management measures may be used to satisfy the requirements at § 175-140.1C(14) only if the measures meet the definition of green infrastructure at § 175-140.1B. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 175-140.1C(14)(b) are subject to the contributory drainage area limitation specified at § 175-140.1C(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 § 175-140.1C(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 § 175- 140.1J is granted from § 175-140.1C(14).
(7)
Hydraulic impacts.
(a)
For all major development, groundwater mounding analysis shall
be required for purposes of assessing the hydraulic impacts of mounding
of the water table resulting from infiltration of stormwater runoff
from the maximum storm designed for infiltration. The mounding analysis
shall provide details and supporting documentation on the methodology
used. Groundwater mounds shall not cause stormwater or groundwater
to break out to the land surface or cause adverse impacts to adjacent
water bodies, wetlands, or subsurface structures, including, but not
limited to, basements and septic systems. Where the mounding analysis
identifies adverse impacts, the stormwater management measure shall
be redesigned or relocated, as appropriate.
(b)
For all applicable minor development, a design engineer's certification
that each green infrastructure stormwater management measure will
not adversely impact basements or septic systems of the proposed development
shall be required.
(8)
Design standards for stormwater management measures are as follows:
(a)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; wetland transition areas;
flood-prone areas; slopes; depth to seasonal high water table; soil
type, permeability, and texture; drainage area and drainage patterns;
and the presence of solution-prone carbonate rocks (limestone);
(b)
Stormwater management measures designed to infiltrate stormwater
shall be designed, constructed, and maintained to provide a minimum
separation of at least two feet between the elevation of the lowest
point of infiltration and the seasonal high water table;
(c)
Stormwater management measures designed to infiltrate stormwater
shall be sited in suitable soils verified by testing to have permeability
rates between one inch and 20 inches per hour. A factor of safety
of two shall be applied to the soil's permeability rate in determining
the infiltration measure's design permeability rate. If such soils
do not exist on the parcel proposed for development or if it is demonstrated
that it is not practical for engineering, environmental, or safety
reasons to site the stormwater infiltration measure(s) in such soils,
the stormwater infiltration measure(s) may be sited in soils verified
by testing to have permeability rates in excess of 20 inches per hour,
provided that stormwater is routed through a bioretention system prior
to infiltration. Said bioretention system shall be designed, installed,
and maintained in accordance with the New Jersey Stormwater BMP Manual;
(d)
The use of stormwater management measures that are smaller in
size and distributed spatially throughout a parcel, rather than the
use of a single, larger stormwater management measure shall be required;
(e)
Methods of treating stormwater prior to entering any stormwater
management measure shall be incorporated into the design of the stormwater
management measure to the maximum extent practical;
(f)
To avoid sedimentation that may result in clogging and reduction
of infiltration capability and to maintain maximum soil infiltration
capacity, the construction of stormwater management measures that
rely upon infiltration shall be managed in accordance with the following
standards:
[1]
No stormwater management measure shall be placed
into operation until its drainage area has been completely stabilized.
Instead, upstream runoff shall be diverted around the measure and
into separate, temporary stormwater management facilities and sediment
basins. Such temporary facilities and basins shall be installed and
utilized for stormwater management and sediment control until stabilization
is achieved in accordance with N.J.A.C. 2:90;
[2]
If, for engineering, environmental, or safety reasons, temporary stormwater management facilities and sediment basins cannot be constructed on the parcel in accordance with Subsection C(8)(f)[1] above, the stormwater management measure may be placed into operation prior to the complete stabilization of its drainage area provided that the measure's bottom during this period is constructed at a depth at least two feet higher than its final design elevation. When the drainage area has been completely stabilized, all accumulated sediment shall be removed from the stormwater management measure, which shall then be excavated to its final design elevation; and
[3]
To avoid compacting the soils below a stormwater
management measure designed to infiltrate stormwater, no heavy equipment,
such as backhoes, dump trucks, or bulldozers, shall be permitted to
operate within the footprint of the stormwater management measure.
All excavation required to construct a stormwater management measure
that relies on infiltration shall be performed by equipment placed
outside the footprint of the stormwater management measure. If this
is not possible, the soils within the excavated area shall be renovated
and tilled after construction is completed. Earthwork associated with
stormwater management measure construction, including excavation,
grading, cutting, or filling, shall not be performed when soil moisture
content is above the lower plastic limit;
(g)
Dry wells shall be designed to prevent access by amphibian and
reptiles;
(h)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm established at § 175-140.1C(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 § 175-140.1G(3)(a);
(i)
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement;
(j)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 175-140.1G; and
(k)
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of 2 1/2 inches
in diameter.
(9)
Manufactured treatment devices may be used to meet the requirements of this section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the NJDEP. Manufactured treatment devices that do not meet the definition of green infrastructure at § 175-140.1B may be used only under the circumstances described at § 175-140.1C(14)(d).
(10)
Any application for a new agricultural development that meets the definition of major development at N.J.A.C. 7:8-1.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 175-140.1C(14), (15), (16), and (17) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
(11)
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 175-140.1C(15), (16), and (17) shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
(12)
Any stormwater management measure authorized under the municipal stormwater management plan or this section shall be reflected in a deed notice recorded in the Gloucester 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 § 175-140.1C(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 U.S. 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 § 175-140.1I(2)(e). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
(13)
A stormwater management measure approved under the municipal stormwater management plan or this section may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards contained in § 175-140.1C(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 Gloucester County Clerk's Office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection C(12) above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection C(12) above.
(14)
Green infrastructure standards.
(a)
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards of this section.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at § 175-140.1C(15) and (16), the design engineer shall utilize BMPs identified in Table 1 at § 175-140.1C(5) and/or an alternative stormwater management measure approved in accordance with § 175-140.1C(6). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement system
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
(c)
To satisfy the stormwater runoff quantity standards at § 175-140.1C(17), the design engineer shall utilize BMPs identified in Table 1 or 2 at § 175-140.1C(5) and/or an alternative stormwater management measure approved in accordance with § 175-140.1C(6).
(d)
If a variance in accordance with § 175-140.1J is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3 at § 175-140.1C(5) and/or an alternative stormwater management measure approved in accordance with § 175-140.1C(6) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 175-140.1C(15), (16), and (17).
(e)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at § 175-140.1C(15), (16), and (17).
(15)
Groundwater recharge standards.
(a)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows:
(b)
For all major development, the total runoff volume generated from the net increase in impervious surfaces by the current ten-year, twenty-four-hour storm, as defined and determined in § 175-140.1D(8), shall be retained and infiltrated on-site.
[Amended 5-22-2024 by Ord. No. O:20-2024]
(c)
For minor development that involves the construction of four or fewer dwelling units, the runoff generated from the total roof area of the dwelling(s) by the current ten-year, twenty-four-hour storm, as defined and determined in § 175-140.1D(8), 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.
[Amended 5-22-2024 by Ord. No. O:20-2024]
(d)
For minor development that involves any nonresidential use and
will result in an increase of greater than 1,000 square feet of regulated
motor vehicle surfaces, the water quality design storm volume generated
from these surfaces shall be recharged on-site.
(e)
Stormwater from areas of high pollutant loading and/or industrial stormwater exposed to source material shall only be recharged in accordance with § 175-140.1C(16)(h).
(16)
Stormwater runoff quality standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of:
[1]
Major development;
[2]
Minor development that involves any nonresidential
use and will result in an increase of greater than 1,000 square feet
of regulated motor vehicle surfaces; and
[3]
Any development involving the grading, clearing,
or disturbance of an area in excess of 5,000 square feet within any
five-year period.
(b)
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm established at § 175-140.1C(16)(d) as follows:
[1]
Eighty percent TSS removal of the anticipated load,
expressed as an annual average, shall be achieved for the stormwater
runoff from the net increase of motor vehicle surface.
[2]
If the surface is considered regulated motor vehicle
surface because the water quality treatment for an area of motor vehicle
surface that is currently receiving water quality treatment either
by vegetation or soil, by an existing stormwater management measure,
or by treatment at a wastewater treatment plant is to be modified
or removed, the project shall maintain or increase the existing TSS
removal of the anticipated load expressed as an annual average.
(c)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection C(16)(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(d)
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
|
Table 4
Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.0083
|
45
|
0.2
|
85
|
1.117
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.235
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.0166
|
50
|
0.2583
|
90
|
1.15
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.155
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.16
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.165
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.17
|
|
15
|
0.025
|
55
|
0.3583
|
95
|
1.175
|
|
16
|
0.03
|
56
|
0.4116
|
96
|
1.18
|
|
17
|
0.035
|
57
|
0.465
|
97
|
1.185
|
|
18
|
0.04
|
58
|
0.5183
|
98
|
1.19
|
|
19
|
0.045
|
59
|
0.5717
|
99
|
1.195
|
|
20
|
0.05
|
60
|
0.625
|
100
|
1.2
|
|
21
|
0.055
|
61
|
0.6783
|
101
|
1.205
|
|
22
|
0.06
|
62
|
0.7317
|
102
|
1.21
|
|
23
|
0.065
|
63
|
0.785
|
103
|
1.215
|
|
24
|
0.07
|
64
|
0.8384
|
104
|
1.22
|
|
25
|
0.075
|
65
|
0.8917
|
105
|
1.225
|
|
26
|
0.08
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.085
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09
|
68
|
0.9517
|
108
|
1.23
|
|
29
|
0.095
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.1
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.1066
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.1132
|
72
|
1.015
|
112
|
1.2367
|
|
33
|
0.1198
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.1264
|
74
|
1.0383
|
114
|
1.24
|
|
35
|
0.133
|
75
|
1.05
|
115
|
1.2417
|
|
36
|
0.1396
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.1462
|
77
|
1.0636
|
117
|
1.245
|
|
38
|
0.1528
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.1594
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.166
|
80
|
1.084
|
120
|
1.25
|
(e)
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
|
|
Where:
| ||
|
R
|
=
|
Total TSS percent load removal from application of both BMPs.
|
|
A
|
=
|
The TSS percent removal rate applicable to the first BMP.
|
|
B
|
=
|
The TSS percent removal rate applicable to the second BMP.
|
(f)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm established at § 175-140.1C(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 § 175-140.1C(15), (16), and (17).
(g)
For all major development, stormwater management measures shall be designed to achieve a minimum of 65% reduction of the post-construction total nitrogen load from the developed site, including those permanent lawn or turf areas that are specifically intended for active human use as described at N.J.A.C. 7:50-6.24(c)3, in stormwater runoff generated from the water quality design storm established at § 175-140.1C(16)(d). In achieving a minimum 65% reduction of total nitrogen, the design of the site shall include green infrastructure in accordance with the New Jersey Stormwater BMP Manual and shall optimize nutrient removal. The minimum 65% total nitrogen reduction may be achieved by using a singular stormwater management measure or multiple stormwater management measures in series.
(h)
In high pollutant loading areas (HPLAs) and/or areas where stormwater runoff is exposed to source material, as defined in § 175-140.1B, the following additional water quality standards shall apply:
[1]
The areal extent and amount of precipitation falling
directly on or flowing over HPLAs and/or areas where stormwater is
exposed to source material shall be minimized through the use of roof
covers, canopies, curbing or other physical means to the maximum extent
practical in order to minimize the quantity of stormwater generated
from HPLA areas and areas where stormwater runoff is exposed to source
material;
[2]
The stormwater runoff originating from HPLAs and/or areas where stormwater runoff is exposed to source material shall be segregated and prohibited from commingling with stormwater runoff originating from the remainder of the parcel unless it is first routed through one or more stormwater management measures required at Subsection C(16)(h)[3] below;
[3]
The stormwater runoff from HPLAs and/or areas where stormwater runoff is exposed to source material shall incorporate stormwater management measures designed to reduce the post-construction load of TSS by at least 90% in stormwater runoff generated from the water quality design storm established at § 175-140.1C(16)(d) using one or more of the measures identified at Subsection C(16)(h)[3][a] or [b] below. In meeting this requirement, the minimum 90% removal of total suspended solids may be achieved by utilizing multiple stormwater management measures in series:
[a]
Any measure designed in accordance with the New
Jersey Stormwater BMP Manual to remove total suspended solids. Any
such measure must be constructed to ensure that the lowest point of
infiltration within the measure maintains a minimum of two feet of
vertical separation from the seasonal high-water table; and
[b]
Other measures certified by the NJDEP, including
a media filtration system manufactured treatment device with a minimum
80% removal of total suspended solids as verified by the New Jersey
Corporation for Advanced Technology.
[4]
If the potential for contamination of stormwater runoff by petroleum products exists on-site, prior to being conveyed to the stormwater management measure required at Subsection C(16)(h)[3] above, the stormwater runoff from the HPLAs and areas where stormwater runoff is exposed to source material shall be conveyed through an oil/grease separator or other equivalent manufactured filtering device providing for the removal of petroleum hydrocarbons. The applicant shall provide the review agency with sufficient data to demonstrate acceptable performance of the device.
(i)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category 1 waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category 1 waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(j)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3.i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(17)
Stormwater runoff quantity standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts related to
applicable major and minor development.
(b)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 175-140.1D, complete one of the following:
[1]
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the current and projected two-, ten-, and 100-year storm events, as defined and determined in § 175-140.1D(8) and (9), do not exceed, at any point in time, the preconstruction runoff hydrographs for the same storm events;
[Amended 5-22-2024 by Ord. No. O:20-2024]
[2]
Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the preconstruction condition, in the peak runoff rates of stormwater leaving the site for the current and projected two-, ten-, and 100-year storm events, as defined and determined in § 175-140.1D(8) and (9), 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;
[Amended 5-22-2024 by Ord. No. O:20-2024]
[3]
Design stormwater management measures so that the post-construction peak runoff rates for the current and projected two-, ten-, and 100-year storm events, as defined and determined in § 175-140.1D(8) and (9), are 50%, 75% and 80%, respectively, of the preconstruction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or
[Amended 5-22-2024 by Ord. No. O:25-2024]
[4]
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection C(17)(b)[1], [2], and [3] above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
(c)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
(d)
There shall be no direct discharge of stormwater runoff from
any point or nonpoint source to any wetland, wetlands transition area,
or surface 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.
(e)
To the maximum extent practical, there shall be no direct discharge
of stormwater runoff onto farm fields to protect farm crops from damage
due to flooding, erosion, and long-term saturation of cultivated crops
and cropland.
(18)
As-built requirements for major development are as follows:
(a)
After all construction activities have been completed on the
parcel and finished grade has been established in each stormwater
management measure designed to infiltrate stormwater, replicate post-development
permeability tests shall be conducted to determine if as-built soil
permeability rates are consistent with design permeability rates.
The results of such tests shall be submitted to the municipal engineer
or other appropriate reviewing engineer. If the results of the post-development
permeability tests fail to achieve the minimum required design permeability
rate, utilizing a factor of safety of two, the stormwater management
measure shall be renovated and retested until the required permeability
rates are achieved; and
(b)
After all construction activities and required testing have
been completed on the parcel, as-built plans, including as-built elevations
of all stormwater management measures, shall be submitted to the municipal
engineer or other appropriate reviewing engineer to serve as a document
of record. Based upon that engineer's review of the as-built plans,
all corrections or remedial actions deemed necessary due to the failure
to comply with design standards and/or for any reason concerning public
health or safety, shall be completed by the applicant. In lieu of
review by the municipal engineer, the municipality may engage a licensed
professional engineer to review the as-built plans and charge the
applicant for all costs associated with such review.
D.
Calculation of stormwater runoff and groundwater recharge.
(1)
Stormwater runoff shall be calculated by the design engineer
using the USDA Natural Resources Conservation Service (NRCS) methodology,
including the NRCS Runoff Equation and Dimensionless Unit Hydrograph,
as described in Chapters 7, 9, 10, 15 and 16, Part 630, Hydrology
National Engineering Handbook, incorporated herein by reference as
amended and supplemented, except that the Rational Method for peak
flow and the Modified Rational Method for hydrograph computations
shall not be used. This methodology is additionally described in Technical
Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June
1986, incorporated herein by reference as amended and supplemented.
Information regarding the methodology is available from the Natural
Resources Conservation Service website at: https://directives.sc.egov.usda.gov/viewerFS.aspx?hid=21422
or at United States Department of Agriculture Natural Resources Conservation
Service, New Jersey.
[Amended 5-22-2024 by Ord. No. O:20-2024]
(2)
In calculating stormwater runoff using the NRCS methodology,
the appropriate twenty-four-hour rainfall depths as developed for
the parcel by the National Oceanic and Atmospheric Administration,
https://hdsc.nws.noaa.gov/hdsc/pfds/pfds map cont.html?bkmrk=nj, shall
be utilized.
(3)
For the purpose of calculating curve numbers 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 "curve number" applies to the NRCS methodology at Subsection D(1) above. A curve number 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).
[Amended 5-22-2024 by Ord. No. O:20-2024]
(4)
In computing preconstruction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce preconstruction stormwater runoff rates and volumes.
(5)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
(6)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
(7)
Groundwater recharge may be calculated in accordance with the
New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference,
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
(8)
The precipitation depths of the current two-, ten-, and 100-year storm events shall be determined by multiplying the values determined in accordance with Subsection D(8)(a) and (b) below:
[Added 5-22-2024 by Ord.
No. O:20-2024]
(a)
The applicant shall utilize the National Oceanographic and Atmospheric
Administration (NOAA), National Weather Service's Atlas 14 Point
Precipitation Frequency Estimates: NJ, in accordance with the location(s)
of the drainage area(s) of the site. This data is available at: https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj;
and
(b)
The applicant shall utilize Table 5: Current Precipitation Adjustment
Factors below, which sets forth the applicable multiplier for the
drainage area(s) of the site, in accordance with the county or counties
where the drainage area(s) of the site is located. Where the major
development lies in more than one county, the precipitation values
shall be adjusted according to the percentage of the drainage area
in each county. Alternately, separate rainfall totals can be developed
for each county using the values in the table below.
|
Table 5: Current Precipitation Adjustment Factors
| |||
|---|---|---|---|
|
Current Precipitation Adjustment Factors
| |||
|
County
|
2-year
Design Storm
|
10-year
Design Storm
|
100-year
Design Storm
|
|
Atlantic
|
1.01
|
1.02
|
1.03
|
|
Camden
|
1.03
|
1.04
|
1.05
|
|
Gloucester
|
1.05
|
1.06
|
1.06
|
(9)
Table 6: Future Precipitation Change Factors provided below sets forth the change factors to be used in determining the projected two-, ten-, and 100-year storm events for use in this chapter, which are organized alphabetically by county. The precipitation depth of the projected two-, ten-, and 100-year storm events of a site shall be determined by multiplying the precipitation depth of the two-, ten-, and 100-year storm events determined from the National Weather Service's Atlas 14 Point Precipitation Frequency Estimates pursuant to Subsection D(8)(a) above, by the change factor in the table below, in accordance with the county or counties where the drainage area(s) of the site is located. Where the major development and/or its drainage area lies in more than one county, the precipitation values shall be adjusted according to the percentage of the drainage area in each county. Alternately, separate rainfall totals can be developed for each county using the values in the table below.
[Added 5-22-2024 by Ord.
No. O:20-2024]
|
Table 6: Future Precipitation Change Factors
| |||
|---|---|---|---|
|
Future Precipitation Change Factors
| |||
|
County
|
2-year
Design Storm
|
10-year
Design Storm
|
100-year
Design Storm
|
|
Atlantic
|
1.22
|
1.24
|
1.39
|
|
Camden
|
1.18
|
1.22
|
1.39
|
|
Gloucester
|
1.19
|
1.23
|
1.41
|
E.
Sources for technical guidance.
(1)
Technical guidance for stormwater management measures can be
found in the documents listed below, which are available to download
from the NJDEP's website at: https://dep.nj.gov/stormwater/bmp-manual/.
[Amended 5-22-2024 by Ord. No. O:20-2024]
(a)
Guidelines for stormwater management measures are contained in the New Jersey Stormwater BMP Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3 of § 175-140.1C(5). The New Jersey Stormwater BMP Manual may be utilized as a guide in determining the extent to which stormwater management activities and measures meet the standards of this section.
(b)
Additional maintenance guidance is available on the NJDEP's
website at: https://dep.ni.gov/stormwater/maintenance-guidance/.
(2)
Submissions required for review by the NJDEP should be mailed
to: The Division of Watershed Protection and Restoration, New Jersey
Department of Environmental Protection, Mail Code 501-02A, PO Box
420, Trenton, New Jersey 08625-0420.
[Amended 5-22-2024 by Ord. No. O:20-2024]
(3)
Submissions required for review by the Pinelands Commission
should be emailed to appinfo@pinelands.ni.gov.
F.
Solids and floatable materials control standards.
(1)
Site design features identified under § 175-140.1C(5), or alternative designs in accordance with § 175-140.1C(6), to prevent discharge of trash and debris from drainage systems, shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see Subsection F(1)(b) below.
(a)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
[1]
The New Jersey Department of Transportation (NJDOT)
bicycle safe grate, which is described in Chapter 2.4 of the NJDOT
Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines;
or
[2]
A different grate, if each individual clear space
in that grate has an area of no more than seven square inches, or
is no greater than 0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
[3]
For curb-opening inlets, including curb-opening
inlets in combination inlets, the clear space in that curb opening,
or each individual clear space if the curb opening has two or more
clear spaces, shall have an area of no more than seven square inches,
or be no greater than two inches across the smallest dimension.
(b)
The standard in Subsection F(1)(a) above does not apply:
[1]
Where each individual clear space in the curb opening
in existing curb-opening inlet does not have an area of more than
nine square inches;
[2]
Where the municipality agrees that the standards
would cause inadequate hydraulic performance that could not practicably
be overcome by using additional or larger storm drain inlets;
[3]
Where flows from the water quality design storm established at § 175-140.1C(16)(d) are conveyed through any device (e.g., end-of-pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
[a]
A rectangular space 4.625 inches long and 1 1/2
inches wide (this option does not apply for outfall netting facilities);
or
[b]
A bar screen having a bar spacing of 0.5 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].
[4]
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the Water Quality Design Storm established at § 175-140.1C(16)(d); or
[5]
Where the NJDEP determines, pursuant to the New
Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that
action to meet this standard is an undertaking that constitutes an
encroachment or will damage or destroy the New Jersey Register listed
historic property.
G.
Safety standards for stormwater management basins.
(1)
This section sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This section applies to any new stormwater management BMP.
(2)
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection G(3)(a), (b) or (c) below for trash racks, overflow grates, and escape provisions at outlet structures.
(3)
Requirements for trash racks, overflow grates and escape provisions.
(a)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the stormwater management
BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
[1]
The trash rack shall have parallel bars, with no
greater than six-inch spacing between the bars;
[2]
The trash rack shall be designed so as not to adversely
affect the hydraulic performance of the outlet pipe or structure;
[3]
The average velocity of flow through a clean trash
rack is not to exceed 2.5 feet per second under the full range of
stage and discharge. Velocity is to be computed on the basis of the
net area of opening through the rack; and
[4]
The trash rack shall be constructed of rigid, durable,
and corrosion-resistant material and designed to withstand a perpendicular
live loading of 300 pounds per square foot.
(b)
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
the grate shall comply with the following requirements:
[1]
The overflow grate shall be secured to the outlet
structure but removable for emergencies and maintenance.
[2]
The overflow grate spacing shall be no greater
than two inches across the smallest dimension.
[3]
The overflow grate shall be constructed of rigid,
durable, and corrosion-resistant material, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
(c)
Stormwater management BMPs shall include escape provisions as
follows:
[1]
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection G(4) below, a freestanding outlet structure may be exempted from this requirement;
[2]
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See Subsection G(5) below for an illustration of safety ledges in a stormwater management BMP; and
[3]
In new stormwater management BMPs, the maximum
interior slope for an earthen dam, embankment, or berm shall not be
steeper than three horizontal to one vertical.
(4)
Variance or exemption from safety standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
(5)
Safety ledge illustration.
|
Figure 1: Elevation View - Basin Safety Ledge Configuration
|
H.
Requirements for a site development stormwater plan.
(1)
Submission of site development stormwater plan.
(a)
Any application for major development approval shall include a site development stormwater plan containing all information required in § 175-140.1H(3).
(b)
Any application for minor development approval that is subject to this section shall include a site development stormwater plan containing all information required in § 175-140.1H(4).
(c)
The site development stormwater plan shall demonstrate that
the proposed development meets the standards of this section.
(d)
The site development stormwater plan shall contain comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in § 175-140.1C(16)(d). The standards for groundwater recharge and stormwater runoff rate, volume and quality required by § 175-140.1C(15), (16), and (17) and shall be met using the methods, calculations and assumptions provided in § 175-140.1D.
(f)
The applicant shall submit four 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 U.S. Feet or Shape Format NAD 1983 State Plane New
Jersey FIPS 2900 U.S. Feet. All other required documents shall be
submitted in both paper and commonly used electronic file formats
such as PDF, word processing, database or spreadsheet files.
(2)
Site development stormwater plan approval. The site development
stormwater plan shall be reviewed as a part of the development review
process by the municipal board or official from whom municipal approval
is sought. That municipal board or official shall consult the engineer
retained by the Planning and/or Zoning Board (as appropriate) to determine
if all the checklist requirements have been satisfied and to determine
if the project meets the standards set forth in this section.
(3)
Checklist requirements for major development. Any application
for major development approval shall include a site development stormwater
plan containing, at minimum, the following information:
(a)
Topographic base map. The site development stormwater plan shall
contain a topographic base map of the site that extends a minimum
of 300 feet beyond the limits of the proposed development, at a scale
of one inch equals 200 feet or greater, showing one-foot contour intervals.
The map shall indicate the following: existing surface water drainage,
shorelines, steep slopes, soils, highly erodible soils, perennial
or intermittent streams that drain into or upstream of any Category
1 or Pinelands Waters, wetlands and floodplains along with any required
wetlands transition areas, marshlands and other wetlands, pervious
or vegetative surfaces, existing surface and subsurface human-made
structures, roads, bearing and distances of property lines, and significant
natural and man-made features not otherwise shown. Monroe Township
or the Pinelands Commission may require upstream tributary drainage
system information as necessary.
(b)
Environmental site analysis. The site development stormwater
plan shall contain a written description along with the drawings of
the natural and human-made features of the site and its environs.
This description shall include:
[1]
A discussion of environmentally critical areas,
soil conditions, slopes, wetlands, waterways and vegetation on the
site. Particular attention shall be given to unique, unusual or environmentally
sensitive features and to those features that provide particular opportunities
for or constraints on development; and
[2]
Detailed soil and other environmental conditions
on the portion of the site proposed for installation of any stormwater
management measures, including, at a minimum:
[a]
A soils report based on on-site soil tests;
[b]
Location and spot elevations in plan view of all
test pits and permeability tests;
[c]
Permeability test data and calculations;
[d]
Any other required soil or hydrogeologic data (e.g.,
mounding analyses results) correlated with location and elevation
of each test site;
[e]
A cross-section of all proposed stormwater management
measures with side-by-side depiction of soil profile drawn to scale
and seasonal high water table elevation identified; and
[f]
Any other information necessary to demonstrate
the suitability of the specific proposed stormwater management measures
relative to the environmental conditions on the portion(s) of the
site proposed for implementation of those measures.
(c)
Project description and site plan(s). The site development stormwater
plan shall contain a map (or maps), at the same scale as the topographical
base map, indicating the location of existing and proposed buildings,
roads, parking areas, utilities, structural facilities for stormwater
management and sediment control, and other permanent structures. The
map(s) shall also clearly show areas where alterations will occur
in the natural terrain and cover, including lawns and other landscaping,
and seasonal high groundwater elevations. A written description of
the site plan and justification for proposed changes in natural conditions
shall also be provided.
(d)
Land use planning and source control plan. The site development
stormwater plan shall contain a land use planning and source control
plan demonstrating compliance with the erosion control, groundwater
recharge, stormwater runoff quantity control and stormwater quality
treatment required by this section. This shall include but is not
limited to:
[1]
Information demonstrating that the proposed stormwater management measures are able to achieve a minimum 65% reduction of the post-construction total nitrogen load, in accordance with § 175-140.1C(16)(g).
[2]
Where any stormwater generated from high pollutant loading areas or where stormwater will be exposed to source material, information demonstrating that the proposed stormwater management measures are consistent with § 175-140.1C(16)(h).
(e)
Stormwater management facilities map. The site development stormwater
plan shall contain a Stormwater Management Facilities Map, at the
same scale as the topographic base map, depicting the following information:
[1]
The total area to be disturbed, paved and/or built
upon, proposed surface contours, land area to be occupied by the stormwater
management facilities and the type of vegetation thereon, and details
of the proposed plan to manage and recharge stormwater; and
[2]
Details of all stormwater management facility designs,
during and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention (if applicable)
and emergency spillway provisions with maximum discharge capacity
of each spillway.
(f)
Groundwater mounding analysis. The site development stormwater plan shall contain a groundwater mounding analysis in accordance with § 175-140.1C(7)(a).
(g)
Inspection, maintenance and repair plan. The site development stormwater plan shall contain an inspection, maintenance and repair plan containing information meeting the requirements of § 175-140.1I(2) of this section.
(4)
Checklist requirements for minor development. Any application
for minor development approval that is subject to this section shall
include a site development stormwater plan, certified by a design
engineer, containing, at minimum, the following information:
(a)
All existing and proposed development, including limits of clearing
and land disturbance.
(b)
All existing and proposed lot lines.
(c)
All wetlands and required wetland transition areas.
(d)
The type and location of each green infrastructure stormwater
management measure.
(f)
A design engineer's certification that each green infrastructure stormwater management measure will not adversely impact basements or septic systems of the proposed development, in accordance with § 175-140.1C(7)(b).
(g)
A maintenance plan containing information meeting the requirements of § 175-140.1I(2) of this section.
(5)
Exception from submission requirements. With the exception of Subsection H(3)(g) and (4)(g) above, the municipality may modify or waive any required element of the site development stormwater plan, provided that sufficient information can be provided to demonstrate compliance with the standards of this section. However, application information required in accordance with the Pinelands CMP [N.J.A.C. 7:50-4.2(b)] shall be submitted to the Pinelands Commission, unless the Executive Director of the Pinelands Commission waives or modifies the application requirements.
I.
Maintenance and repair.
(2)
The maintenance plan shall include the following:
(a)
Specific preventative maintenance tasks and schedules; cost
estimates, including estimated cost of sediment, debris, or trash
removal; and the name, address, and telephone number of the person
or persons responsible for preventative and corrective maintenance
(including replacement). The plan shall contain information on BMP
location, design, ownership, maintenance tasks and frequencies, and
other details as specified in Chapter 8 of the NJ BMP Manual, as well
as the tasks specific to the type of BMP, as described in the applicable
chapter containing design specifics.
(b)
Responsibility for maintenance of stormwater management measures
approved as part of an application for major development shall not
be assigned or transferred to the owner or tenant of an individual
property, unless such owner or tenant owns or leases the entire site
subject to the major development approval. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
the maintenance required.
(c)
Responsibility for maintenance of stormwater management measures
approved as part of an application for minor development may be assigned
or transferred to the owner or tenant of the parcel.
(d)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
(e)
If the person responsible for maintenance identified under Subsection I(2)(a) above is not a public agency, the maintenance plan and any future revisions based on § 175-140.1I(3)(b)[2] shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(f)
For all major development, the following additional standards
apply:
[1]
The maintenance plan shall include accurate and
comprehensive drawings of all stormwater management measures on a
parcel, including the specific latitude and longitude and block/lot
number of each stormwater management measure. Maintenance plans shall
specify that an inspection, maintenance, and repair report will be
updated and submitted annually to the municipality;
[2]
Stormwater management measure easements shall be
provided by the property owner as necessary for facility inspections
and maintenance and preservation of stormwater runoff conveyance,
infiltration, and detention areas and facilities. The purpose of the
easement shall be specified in the maintenance agreement; and
[3]
An adequate means of ensuring permanent financing
of the inspection, maintenance, repair, and replacement plan shall
be implemented and shall be detailed in the maintenance plan. Financing
methods shall include but not be limited to:
[a]
The assumption of the inspection and maintenance
program by a municipality, county, public utility, or homeowners'
association;
[b]
The required payment of fees to a municipal stormwater
fund in an amount equivalent to the cost of both ongoing maintenance
activities and necessary structural replacements.
(g)
For all minor development, maintenance plans shall be required
for all stormwater management measures installed in accordance with
this section and shall include, at a minimum, the following information:
[1]
A copy of the certified plan required pursuant to § 175-140.1H(4);
[2]
A description of the required maintenance activities
for each stormwater management measure; and
[3]
The frequency of each required maintenance activity.
(3)
General maintenance and repair.
(a)
Preventative and corrective maintenance shall be performed to
maintain the function of the stormwater management measure, including
but not limited to repairs or replacement to the structure; removal
of sediment, debris, or trash; restoration of eroded areas; snow and
ice removal; fence repair or replacement; restoration of vegetation;
and repair or replacement of nonvegetated linings.
(b)
The person responsible for maintenance identified under § 175-140.1I(2)(b) shall perform all of the following requirements:
[1]
Maintain a detailed log of all preventative and
corrective maintenance for the structural stormwater management measures
incorporated into the design of the development, including a record
of all inspections and copies of all maintenance-related work orders;
[2]
Evaluate the effectiveness of the maintenance plan
at least once per year and adjust the plan and the deed as needed;
and
[3]
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection I(3)(b)[1] and [2] above.
(d)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or county may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
(4)
Nothing in this section shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
J.
Variances.
(1)
The exemptions, exceptions, applicability standards, and waivers
of strict compliance contained in the NJDEP Stormwater Management
Regulations at N.J.A.C. 7:8-1.1 et seq. shall not apply within the
Pinelands Area except in accordance with this section.
(2)
The municipal review agency may grant a variance from the design
and performance standards for stormwater management measures set forth
in its municipal stormwater management plan and this section, provided
that:
(a)
No variances shall be granted from § 175-140.1C(17)(d), which prohibits the direct discharge of stormwater runoff to any wetlands, wetlands transition area, or surface water body and the direction of stormwater runoff in such a way as to increase in volume and rate of discharge into any wetlands, wetlands transition area, or surface water body from that which existed prior to development of the parcel;
(b)
The municipal stormwater plan includes a mitigation plan in
accordance with N.J.A.C. 7:8-4.2(c)11 and N.J.A.C. 7:50-3.39(a)2.viii;
(c)
The applicant demonstrates that it is technically impracticable
to meet any one or more of the design and performance standards on-site.
For the purposes of this analysis, technical impracticability exists
only when the design and performance standard cannot be met for engineering,
environmental, or safety reasons. A municipality's approval of a variance
shall apply to an individual drainage area and design and performance
standard and shall not apply to an entire site or project, unless
an applicant provides the required analysis for each drainage area
within the site and each design and performance standard;
(d)
The applicant demonstrates that the proposed design achieves
the maximum possible compliance with the design and performance standards
of this section on-site; and
(e)
A mitigation project is implemented, in accordance with the
following:
[1]
All mitigation projects shall be located in the
Pinelands Area and in the same HUC-14 as the parcel proposed for development.
If the applicant demonstrates that no such mitigation project is available,
the municipality may approve a variance that provides for mitigation
within the same HUC-11 as the parcel proposed for development, provided
the mitigation project is located in the Pinelands Area.
[2]
The proposed mitigation project shall be consistent with the municipal stormwater management plan certified by the Pinelands Commission. If said stormwater management plan does not identify appropriate parcels or projects where mitigation may occur, the applicant may propose a mitigation project that meets the criteria in Subsection J(2)(e)[1] above.
[3]
The mitigation project shall be approved no later
than preliminary or final site plan approval of the major development.
[4]
The mitigation project shall be constructed prior
to, or concurrently with, the development receiving the variance.
[5]
The mitigation project shall comply with the green infrastructure standards at Subsection C(14).
[6]
If the variance that resulted in the mitigation project being required is from the green infrastructure standards at § 175-140.1C(14), then the mitigation project must use green infrastructure BMPs in Table 1 contained at § 175-140.1C(5), and/or an alternative stormwater management measure approved in accordance with § 175-140.1C(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 § 175-140.1C(16)(d), at a minimum, and is subject to the applicable contributory drainage area limitation specified at § 175-140.1C(14)(b), as applicable.
[7]
A variance from the groundwater recharge standards at § 175-140.1C(15) may be granted, provided that the total volume of stormwater infiltrated by the mitigation project equals or exceeds the volume required at § 175-140.1C(15).
[8]
A variance from the stormwater runoff quality standards at § 175-140.1C(16) may be granted if the following are met:
[a]
The total drainage area of motor vehicle surface
managed by the mitigation project(s) must equal or exceed the drainage
area of the area of the major development subject to the variance
and must provide sufficient TSS removal to equal or exceed the deficit
resulting from granting the variance for the major development; and
[b]
The mitigation project must remove nutrients to the maximum extent feasible in accordance with § 175-140.1C(16)(g).
[9]
A variance from the stormwater runoff quantity standards at § 175-140.1C(17) may be granted if the following are met:
[a]
The applicant demonstrates, through hydrologic
and hydraulic analysis, including the effects of the mitigation project,
that the variance will not result in increased flooding damage below
each point of discharge of the major development;
[b]
The mitigation project indirectly discharges to
the same watercourse and is located upstream of the major development
subject to the variance; and
[c]
The mitigation project provides peak flow rate attenuation in accordance with § 175-140.1C(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 § 175-140.1I. This responsibility is not transferable to any entity other than a public agency, in which case, a written agreement with that public agency must be submitted to the review agency.
(3)
Any approved variance shall be submitted by the municipal review
agency to the county review agency and the NJDEP, by way of a written
report describing the variance, as well as the required mitigation,
within 30 days of the approval.
Signs are required throughout the development
to give directions and needed information to the public. The required
signs to be installed include:
A.
Street furniture should be provided throughout the
development and shall be located where demand requires. Street furniture
shall be of good quality and be consistent with the surrounding environment.
These may include phone booths, benches, mail and meter boxes, lighting
standards, directional signs, fire hydrants, fences and walls, trash
receptacles, bike racks, paving and steps, and bus shelters.
(1)
Bus shelters should be provided at major intersections,
if necessary.
(2)
Trash receptacles should be provided near recreation
activities, bus shelters and places where people naturally congregate.
(3)
Benches should be provided in areas of recreation
and other waiting or resting areas. Summer shade and winter sun should
be considered in their placement.
B.
A sign and street furniture plan must be submitted
for review and approval along with the development application.
C.
All street signs shall conform to the Manual of Uniform
Traffic Control Devices as adopted and amended by the New Jersey Department
of Transportation.
[Added 7-21-1992 by Ord. No. O-27-92]
A.
Streetlighting of a type and standard supplied by
the utility company and a type and number approved by the Township
shall be installed at all street intersections and along streets as
deemed necessary. Wherever this chapter requires the installation
of electric utility installations underground, the developer shall
provide for the installation of underground service for streetlighting.
B.
If the Approving Board includes as a condition of
approval of an application for development pursuant to this chapter
the installation of streetlighting on a dedicated public street connected
to a public utility, then, upon notification, in writing, by the developer
to the Approving Board and Township Council that the streetlighting
on a dedicated public street has been installed and accepted for service
by the public utility and that certificates of occupancy have been
issued for at least 50% of the dwelling units and 50% of the floor
area of the nonresidential uses on the dedicated public street or
portion thereof indicated by section pursuant to N.J.S.A. 40:55D-38,
the Township shall, within 30 days following receipt of the notification,
make appropriate arrangements with the public utility for and assume
the payment of the costs of the streetlighting on the dedicated public
street on a continuing basis. Compliance by the Township with the
provisions of this section shall not be deemed to constitute acceptance
of the street by the Township.
[Added 7-21-1992 by Ord. No. O-27-92]
A.
General.
(1)
Every principal building to be constructed shall be
built upon a lot with frontage directly upon an improved street as
herein defined which has been improved in accordance with the standards
of this chapter or the improvement of which Township standards have
been guaranteed by surety.
(2)
All development shall be served by paved streets with
an all-weather base and surfaced with an adequate crown.
(3)
The arrangement of streets not shown on the Master
Plan or Official Map, as adopted by the Township, shall, to the maximum
extent practical, provide for the appropriate extension of existing
streets and conform to the topography.
(4)
When a new development adjoins land capable of being
developed, suitable provisions must be made for optimum access of
the remaining and/or adjoining tract to existing or proposed streets.
(5)
Local streets shall be planned to discourage through
traffic.
(6)
In all residential districts, development bounded
by any arterial or collector street shall control access to said streets
by having all driveways intersect minor streets. Where the size, shape,
location or some other unique circumstance may dictate no other alternative
than to have a driveway enter an arterial or collector, the lot shall
provide on-site turnaround facilities so that it is not necessary
to back any vehicle onto an arterial or collector street, and abutting
lots must share a common access drive.
(7)
No subdivision shall be approved showing reserved
strips controlling access to streets or another area, either developed
or undeveloped, except where the control and disposal of land comprising
such strips has been given to the governing body after recommendation
by the Board.
(8)
In the event that a subdivision adjoins or includes
existing municipal streets that do not conform to the widths as shown
on the adopted Master Plan, Official Map or the street width requirements
of this chapter, additional land along either or both sides of said
street sufficient to conform to the right-of-way requirements shall
be dedicated to the municipality for the location, installation, repair
and maintenance of streets, drainage facilities, utilities and other
facilities and structures customarily located within street rights-of-way
and shall be expressed on the final plat as follows: "Street right-of-way
easement granted to the Township of Monroe permitting the Township
to enter upon these lands for the purposes provided for and expressed
in the Land Subdivision Ordinance of the Township of Monroe." This
statement on an approved plat shall in no way reduce the subdivider's
responsibility to provide, install, repair or maintain the facilities
in the area dedicated by ordinance and/or as shown on the plat and/or
as provided for by any maintenance or performance guaranties.
(9)
STREET HIERARCHY
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Definitions. As used in this section, the following
terms shall have the meanings indicated:
[Added 7-21-1992 by Ord. No. O-27-92]
The conceptual arrangement of streets based upon function.
A hierarchical approach to street design classifies streets according
to function, from high-traffic freeways and arterial roads to low-order
streets whose function is residential access. The following types
of streets are within the function classification system:
INTERSTATE HIGHWAYA limited access highway, with grade separations and no traffic stops, intended to provide regional movement of people, goods and services.
MAJOR ARTERIAL (PRINCIPAL ARTERIAL)A street with controlled access, channelized and/or signalized intersections and the prohibition of parking and whose purpose and design is to collect and distribute traffic to and from other roads in the functional classification system.
MINOR ARTERIALA street with traffic control signs or signals, where necessary, and whose purpose and design is to collect and distribute traffic to and from major arterials and collector streets.
MAJOR COLLECTORA street which collects and distributes traffic between local streets (low-order residential streets) and major and minor arterials and high-order streets and whose function is to promote a free flow of traffic and where parking should be prohibited and direct access to residences should be avoided.
MINOR COLLECTORA street which provides service from local streets and neighborhood areas to major collectors or major or minor arterials and is distinguished from a major collector in that it transports fewer vehicles at slower speeds, while furnishing direct access to various uses and activities.
LOCAL COLLECTORA street which provides access to abutting land parcels and also enables moderate quantities of traffic to move expeditiously between local subcollectors and streets and the minor and major collectors and arterials.
LOCAL SUBCOLLECTORA street whose purpose and design are to carry traffic having destination or origin in a neighborhood and on the street itself, to provide limited direct vehicular access to abutting lots and to channel traffic to and from connecting local streets and streets classified as collectors. This street is one which typically provides access to more than 25 residential dwelling units in the neighborhood.
LOCAL STREETA street whose purpose and design are to provide direct vehicular access to abutting lots, to carry traffic having destination or origin on the street itself and to channel traffic to and from connecting local streets and streets classified as collectors. "Local streets" provide immediate access to adjacent land uses, primarily residential, and offer the lowest level of mobility, while carrying the least volumes of traffic at the slowest speeds.
B.
Design and performance standards.
(1)
In all developments, the minimum street right-of-way
shall be measured from lot line to lot line and shall be in accordance
with the following schedules, but in no case shall a new street that
is a continuation of an existing street be continued at a width less
than the existing street, although a greater width may be required
in accordance with the following schedules. Where any arterial or
collector street intersects another arterial or collector street,
the right-of-way and cartway requirements shall be increased by 10
feet on the right side of the street(s) approaching the intersection
for a distance of 300 feet from the intersection of the center lines.
[Amended 5-21-1990 by Ord. No. O-11-90; 7-21-1992 by Ord. No. O-27-92]
|
Minimum Design Standards for Streets (Part 1)
| ||||||
|---|---|---|---|---|---|---|
|
Type of
Street
|
Right-of-Way
Width
(feet)
|
Traffic
Lanes
Number
|
Traffic
Lanes
Width
(feet)
|
Shoulder
Within
Gutters
(feet)
|
Cartway
Width
(feet)
| |
|
Local street
|
50
|
2
|
17
|
--
|
34
| |
|
Local subcollector
|
60
|
2
|
18
|
--
|
36
| |
|
Local collector
|
60
|
2
|
11
|
9
|
40
| |
|
Minor collector
|
70
|
2
|
11
|
9
|
40
| |
|
Major collector
|
70
|
2
|
12
|
8
|
40
| |
|
Minor arterial
|
90
|
4
|
12
|
8
|
64
| |
|
Major arterial
|
90
|
4
|
12
|
10
|
68
| |
|
Minimum Design Standards for Streets (Part 2)
| |||||
|---|---|---|---|---|---|
|
Type of Street
|
Sidewalk
Width
(feet)
|
Separation
Between
Curb and
Sidewalk
(feet)
|
Center-
line
Radius
Curves
(feet)
|
Tangent
Between
Adjacent
Curves
(feet)
| |
|
Local street
|
4
|
4
|
180
|
50
| |
|
Local subcollector
|
4
|
4
|
180
|
50
| |
|
Local collector
|
4,61
|
4,61
|
280
|
100
| |
|
Minor collector
|
4,61
|
4,61
|
280
|
100
| |
|
Major collector
|
4,61
|
4,61
|
280
|
100
| |
|
Minor arterial
|
4,61
|
6,10,1
|
1752
|
100
| |
|
Major arterial
|
4,61
|
6,101
|
1752
|
100
| |
|
NOTES:
| |||||
|
1Varies with density
of development
| |||||
|
2 With superelevation.
| |||||
(2)
The pavement width of streets and the quality of
surfacing and base materials shall adhere to the minimum standards
set forth by the Township, County or State Engineer when said paving
concerns roads under their respective jurisdictions and where such
standards exist. Streets under the jurisdiction of the Township shall
be designed with the following standards:
[Amended 7-21-1992 by Ord. No. O-27-92]
(a)
The minimum requirements of any new street and
any improvement to an existing street shall be according to the current
standard specifications and procedures as set forth in the New Jersey
Department of Transportation Standard Specifications for Road and
Bridge Construction, with any applicable addenda.
(b)
The minimum design requirements for local streets
and local subcollectors shall be:
[1]
Total asphalt thickness for all pavements shall
be four inches of bituminous concrete (FABC-2), Mix No. I-5, of which
two inches are to be laid and used as a running surface until all
settlement is completed, then brought to final grade with a two-inch
overlay surface course and with such additional material as may be
needed to repair deficiencies and compensate for settlement.
[2]
The minimum subbase shall be four inches of
dense graded aggregate or, as an alternate subbase, with Board approval,
six inches of compacted soil aggregate, Mix No. I-5.
(c)
The minimum design requirements for collector
and arterial streets shall be:
[1]
Total asphalt thickness for all pavements shall
be five inches of bituminous concrete, of which three inches of MABC,
Mix No. I-4, is to be laid and used as running surface until all settlement
is completed, then brought to final grade with a two-inch FABC, Mix
No. I-5, overlay surface course with such additional material as may
be needed to repair deficiencies and compensate for settlement.
[2]
The minimum subbase shall be four inches of
dense graded aggregate or, as an alternate subbase, with Board approval,
six inches of compacted soil aggregate, Mix No. I-5.
(3)
Longitudinal grades on all streets shall not exceed
8% and shall be no less than 1/2 of 1%. Maximum grades within intersections
shall be 4%.
(4)
A parabolic crown shall be provided on all roadways.
Where the cartway is banked to facilitate a curve in the street alignment,
the crown shall conform to accepted engineering practices.
(5)
All changes in grade where the algebraic difference
in grade is 1% or greater shall be connected by a vertical curve having
a length of at least 50 feet for each two-percent difference in grade
or portion thereof.
(6)
Intersecting street center lines shall be as nearly
at right angles as possible, and in no case shall they be less than
75º at the point of intersection. The curblines shall be parallel
to the center line. Approaches to all intersections shall follow a
straight line for at least 50 feet measured from the curbline to the
intersecting street to the beginning of the curve. No more than two
street center lines shall meet or intersect at any one point. Streets
intersecting another street from opposite sides shall have at least
250 feet between the two street center lines. Intersections shall
be rounded at the curbline, with the street having the highest radius
requirement as outlined below determining the minimum standard for
all curblines:
(7)
Any development abutting an existing street classified
as an arterial or collector shall be permitted only one new street
connecting with the same side of the existing street, except that
where frontage is sufficient, more than one street may intersect the
arterial or collector street, provided that the streets shall not
intersect with the same side of the existing street at intervals of
less than 800 feet.
(9)
Culs-de-sac of a permanent nature (where provision
for future extension of the street to the boundary of the adjoining
property is impractical or impossible) or of a temporary nature (where
provision is made for the future extension of the street to the boundary
line of adjoining property) shall conform to the following standards:
(a)
No more than 750 feet.
(b)
A turnaround at the end with a curbline radius
of 70 feet, plus a utility strip of 10 feet around the entire cul-de-sac.
The center point for the radius shall be on the center line of the
associated street or, if offset, offset to a point where the radius
becomes tangent to one of the curblines of the associated street.
[Amended 12-7-1987 by Ord. No. O-43-87]
(c)
If temporary, provisions shall be made by the
developer for removal of the turnaround and reversion of the excess
right-of-way to the adjoining properties when the street is extended.
(10)
No street shall have a name which will duplicate
or so nearly duplicate the name of an existing street that confusion
results. The continuation of an existing street shall have the same
name. Curvilinear streets shall change their names only at street
intersections. The Planning Board shall reserve the right to approve
or name streets within a proposed development.
(11)
The approval by the Planning Board or other
Township agency of any map of land delineating streets shall in no
way be construed as an acceptance of any street indicated thereon.
(12)
In major developments, there should be at least
two means of site ingress and egress to distribute traffic safely
and ensure adequate access by emergency vehicles.
(13)
Four-way intersections should be avoided.
(14)
Offset jogs should be at least 150 feet apart,
center line to center line.
A.
No private residential pool shall be installed on any lot unless said lot shall contain a residence and said pool shall be accessory to the residence. Swimming pools shall not be located in the front yard. The pool shall be set back a minimum distance of 10 feet from any rear or side lot line and a minimum distance of 35 feet from any public right-of-way line. The required setback shall be measured from the property line and/or right-of-way line to the nearest inside face of the swimming pool at its waterline. At the request of the property owner, the Zoning Officer will request the Engineer perform a site inspection to waive the within requirements should the property owner make a request to exceed the maximum permissible lot coverage for the construction of an in-ground swimming pool on a residential lot. The Engineer shall have the authority to waive the within requirements, provided, in his/her opinion, it will not have an adverse effect on an adjacent lot and the lot grading plan is approved by the Engineer pursuant to the requirements of § 175-117.1 of this chapter.
[Amended 4-22-2003 by Ord. No. O-8-2003; 5-24-2021 by Ord. No. O:11-2021]
B.
Pools shall otherwise be installed, operated and used
in accordance with other health and safety ordinances regarding water
filtration, circulation and treatment, fencing, noise and lighting.
C.
The requirements of Subsection A above notwithstanding, all swimming pools shall comply with the requirements of § 305, entitled "Barrier Requirements," of the International Swimming Pool and Spa Code (2018) as adopted by the State of New Jersey at N.J.A.C. 5:23-3.14.
[Added 4-22-2003 by Ord. No. O-8-2003; amended 10-26-2020 by Ord. No. O:26-2020]
[Added 5-21-1990 by Ord. No. O-11-90]
The construction, reconstruction, erection, alteration, conversion or installation of temporary structures or buildings, including but not limited to on-site sales or construction offices, shall be subject to the provisions of Article IX of this chapter, Development Review and Approval.
[Amended 2-19-1986 by Ord. No. O-2-86; 12-7-1987 by Ord. No. O-43-87; 10-3-1988 by Ord. No. O-21-88; 5-21-1990 by Ord. No. O-11-90]
A.
Purposes.
(1)
The purpose of this section is to specify all standards
and regulations affecting the physical design and site layout of single-family
attached dwelling unit development.
(2)
As a permitted use in certain zoning districts, single-family
attached dwelling units are intended for the purpose of enabling a
mix of housing types. Single-family attached dwelling units are intended
to enable innovative design approaches which will benefit the community
and reduce the impact created by new housing.
B.
Single-family attached dwelling units defined. "Single-family
attached dwelling units," as permitted by this chapter, are defined
as single-family attached dwelling units, with each unit extending
from ground to roof and having its own front and rear access and with
each unit having its own independent utilities. No more than eight
"single-family attached dwelling units" nor less than three units
shall be attached to produce one overall building structure.
C.
Public water and sewage. No single-family attached
dwelling unit development shall be permitted unless connected to approved
and functioning public water and sewage treatment systems, and no
certificate of occupancy shall be issued until all dwelling units
are connected to approved and functioning public water and sewage
treatment system.
D.
Density and minimum tract size.
(1)
Maximum net density shall be five units per acre, except in planned residential developments, where the density shall be in accordance with § 175-161C(3)(c), provided that the application demonstrates that the single-family attached dwelling unit development project will not result in any negative fiscal, physical or environmental impacts; that the single-family attached dwelling unit development project will comply with all Township design and performance standards contained within this chapter; and that the single-family attached dwelling unit development project will contribute positively to stated Township goals, including the promotion of orderly growth, the development of a community-wide open space system and the development of the necessary infrastructure to support and maintain such new growth. The principles of § 175-114 shall be applied in evaluating any proposal.
[Amended 7-21-1992 by Ord. No. O-27-92]
(2)
All single-family attached dwelling unit projects
shall have a minimum tract size of six acres when part of a planned
residential development having the required minimum size of 25 acres.
(3)
Maximum net density per cluster shall be 10 units
per acre.
E.
Architectural design. Single-family attached dwelling
units and structures shall have an overall theme and architectural
design in order to provide an attractive and aesthetically desirable
effect, as well as variations in the design and architectural elements.
Plans for townhouses shall include consideration of the following:
(1)
Landscaping techniques.
(2)
Building orientation to the site and to other structures.
(3)
Natural features such as wooded areas, topography,
drainage and soil features.
(4)
Individual dwelling unit design such as varying unit
width, staggering unit setbacks, providing different exterior materials,
varying rooflines and roof designs, altering building heights, type
of windows, doors, shutters, porches, colors and the orientation of
the facade, either singularly or in combination for each dwelling
unit.
(5)
No single-family attached dwelling unit development
project shall be approved without adequate controls established to
ensure the continued integrity of the architectural design theme,
the aesthetics and the environmental site planning considerations
of the project.
(6)
Unit layout shall be in a clustered, nonlinear pattern.
Maximum number of units oriented in the same direction (within 30º)
on a road shall be 20.
F.
Schedule of limitations.
(1)
All single-family attached dwelling unit developments
shall comply with the following schedule of standards for the spacing
of townhouse structures:
(a)
Building end window wall to building end window
wall: 20 feet minimum. With no end wall windows, the minimum shall
be 10 feet.
(b)
Front or rear building wall to front or rear
building wall: 70 feet minimum.
(d)
Any building wall to street, curb or paved parking
area: 20 feet minimum.
(e)
Any building wall to perimeter lot line: 50
feet minimum.
(f)
Any building wall to a public right-of-way:
20 feet minimum.
(2)
In addition to the above building spacing standards,
the following standards shall also be met for single-family attached
dwelling unit developments:
G.
Open space, common areas and recreation areas.
(1)
All single-family attached dwelling unit developments
shall have a minimum of 25% of the gross tract acreage reserved as
common open space, and a minimum of 55% total open space. All areas
of high environmental sensitivity shall be incorporated into the common
open space. However, land areas defined as freshwater wetlands and/or
water areas shall not account for more than 35% of the total common
open space. The amount, location or locations, types, configurations,
topography, improvements and maintenance of common open space, including
recreational areas in any proposed single-family attached dwelling
unit development, shall be reviewed and approved by the Planning Board.
It shall make detailed findings regarding the adequacy or inadequacy
of the aforementioned items in conformance with the provisions of
this chapter.
H.
Single-family attached dwelling unit projects in R-2
Zones: additional requirements.
(1)
In order to qualify for single-family attached unit
development, the tract shall be capable of generating 50 dwelling
units.
(2)
There shall be a buffer of 100 feet minimum between
any right-of-way and the developed area of the project, except for
access. The buffer area shall include landscaping and berming.
(3)
Where the property to be developed abuts an approved
major single-family detached subdivision, the buffer between the property
line and the developed area of the site shall be a minimum of 150
feet and shall include landscaping and berming adequate to visually
minimize the proposed development.
(4)
There shall be a minimum of 40% of the gross tract
acreage reserved as development open space and a minimum of 65% total
open area. All areas of high environmental sensitivity shall be incorporated
into the common open space. No more than 50% of any wetlands buffer
may be included in the required development open space; no wetlands
or floodplains shall be so included. The amount, location or locations,
types, configurations, topography, improvements and maintenance of
common open space, including recreational areas in any proposed townhouse
development, shall be reviewed and approved by the Planning Board.
It shall make detailed findings regarding the adequacy or inadequacy
of the aforementioned items in conformance with the provisions of
this chapter.
I.
Streets; off-street parking; fire protection.
(1)
Streets and off-street parking.
(a)
Any internal streets that are proposed as part of the single-family attached dwelling unit development shall meet the requirements for the same under § § 175-141 through 175-144 of the Monroe Township Comprehensive Land Management Ordinance. Internal streets designed to service the units shall remain privately owned and maintained.
(b)
Off-street parking shall be provided in accordance with the standards under § 175-123 of the Monroe Township Comprehensive Land Management Ordinance. A minimum of 2.25 off-street parking spaces shall be provided for each single-family attached dwelling unit. Garages or curb length along access roads shall not be included in the required off-street parking calculations.
J.
Other single-family attached dwelling unit building
design and performance standards.
(1)
Single-family attached dwelling unit structures shall
be arranged and designed so that a maximum number of dwelling units
front directly on the common open space and also so as to take advantage
of the natural terrain.
(2)
To the maximum extent practical, all single-family
attached dwelling unit building structures should be arranged into
small clusters. The maximum number of single-family attached dwelling
units per cluster should not exceed 30 units.
(3)
Single-family attached dwelling unit structures shall
not front on a street designed to convey through traffic, whether
said street is internal or external to the project site.
(4)
Building facades shall be offset a minimum of four
feet after every two dwelling units within single-family attached
dwelling unit structures.
(5)
All utility lines, including telephone and electric
transmission service, shall be installed underground.
(6)
Adequate facilities for disposal of refuse shall be
provided, and all refuse disposal units or locations for deposit shall
be screened from view and designed in such a fashion as to prevent
access from rodents and blowing away of refuse.
(7)
Any outdoor storage area shall be completely screened
from view from any public right-of-way, yard or any residential use.
All organic rubbish or storage shall be contained in an airtight,
verminproof container. Such area shall be surrounded by fencing and/or
vegetation planted of an appropriate height and thickness to accomplish
the required screening.
(8)
Each single-family attached dwelling unit shall include
adequate space for individual laundry facilities and a minimum of
400 cubic feet of storage space.
(9)
Recreation; other provisions. Usable recreation space
shall include the following facilities such as the following, the
mix of which shall be determined on an individual project basis:
(a)
A swimming pool, court games, ballfield, tot
areas, improved park and open space and other recreational facilities,
all of which shall be located and improved on an approved site plan.
The developer shall be responsible for providing such recreation facilities
as may be required to meet the expected needs of the single-family
attached dwelling unit development population, and where special recreational
considerations must be met, such as for senior citizens, student facilities,
etc., the developer shall be required to submit a recreation site
plan encompassing and satisfying these needs.
(b)
Where a swimming pool is proposed, it shall
meet with the following minimum requirements:
[1]
No swimming pool shall be permitted without
a filtering system utilizing chlorinated water.
[2]
No swimming pool shall be permitted unless it
complies with the requirements of § 305, entitled "Barrier
Requirements," of the International Swimming Pool and Spa Code (2018)
as adopted by the State of New Jersey at N.J.A.C. 5:23-3.14.
[Amended 10-26-2020 by Ord. No. O:26-2020]
[3]
No structure shall be within 20 feet of any
property line.
[4]
No structure shall be constructed between the
building setback line and the street line.
[5]
No swimming pool shall be permitted unless surrounded
by a paved surface extending a minimum of five feet from the water's
edge.
[6]
No lighting, if provided, shall create a glare
on any surrounding lots.
[7]
No persons other than residents and their guests
shall be permitted to use the facility.
[8]
In addition to the other parking requirements
contained herein, one parking space for each three dwelling units
shall be provided for the swimming pool in addition to the residential
parking requirements.
[9]
Where tennis courts are proposed, these must
be surrounded by a fence 10 feet beyond the playing area in all directions;
yards shall be completely landscaped; playlots shall be surrounded
by fencing at least four feet in height, with benches for adults;
and facilities for such games as shuffleboard, basketball or horseshoes
shall be located at least 20 feet from any building. All outdoor recreational
facilities, except yards and garden areas, shall not be located within
15 feet of any lot line. No outdoor facilities except yards shall
be located between the building setback line and the street line.
(10)
Parking. Off-street parking is to be provided
in all instances. The parking areas should be arranged so as to prevent
through traffic to other parking areas. Parking areas shall not be
created which necessitates entry and exit from each space onto a subcollector,
collector or arterial street.
(a)
There shall be at least 2.5 parking spaces per
unit if condominium ownership, and 3.0 spaces per unit if fee simple
ownership of units.
(b)
Normal parking stalls shall have the dimensions
of 10 by 20 feet and be accessed by aisle widths designed in accordance
with accepted standards. Up to 2/3 of the total stalls may be 9 by
18 feet.
(c)
Parking areas shall be located within 100 feet
of the door of the unit.
(d)
No more than 60 spaces shall be accommodated
in any single parking area.
(e)
No more than 15 spaces may be permitted in a
continuous row without an adequate planted break of at least 10 feet,
and such break between rows shall be adequately landscaped.
(f)
Landscaping shall be provided around parking
areas to offset adverse effects.
(g)
Parking areas, aisles, etc., shall have sufficient
maneuvering room to accommodate medium-size trucks, such as moving,
delivery and refuse trucks, where applicable.
(h)
No parking shall be allowed along any street
which is of subcollector classification or higher.
(i)
Ramps or driveways leading from the street to
parking areas should be at least 24 feet wide for two-way traffic
and at least 15 feet wide for one-way traffic, except a driveway to
an individual unit which may be 12 feet.
(j)
Parking areas should have curbs made of granite
block or concrete for durability and to clearly mark the traveled
right-of-way and prevent damage to the pavement edge. Asphalt curb
and/or railroad ties will not be permitted.
(k)
Driveways should be located on the outside of
curves for better sight distances, and therefore should be avoided
on the inside of curves.
(l)
Visitor parking areas are to be provided and
are not to be more than 400 feet from the dwelling unit. No on-street
parking is to be permitted.
(m)
At least 5% to 10% of the parking area is to
be landscaped.
(11)
Lighting.
(a)
Lighting shall be provided to promote security,
safety and convenience. Street and path lighting should be selected
to have a high illuminating efficiency to conserve energy and of a
quality construction to deter vandalism. Lighting shall be so arranged
as to protect street and adjoining properties from direct glare or
hazardous interference of any kind.
(b)
Lighting design and layout are to be reviewed
by the Township before construction. A tentative lighting plan must
be submitted with the preliminary plans.
(12)
Landscaping.
(a)
Landscaping should be provided throughout the
development, including but not limited to open space areas, drainage
facility areas, parking areas, buffer areas, dwelling unit areas,
etc.
[1]
A landscape plan should show all existing major
tree growths and existing natural features. It should indicate the
number, type and size of trees, shrubs and ground cover to be planted,
and their location. The plan should indicate what protection devices
will be used to protect existing trees.
[2]
The landscape plan should break up long buildings
and screen off parking, service and utility areas.
[3]
The landscape plan should take into consideration
the local soil conditions, lack of or abundance of water, topography
and climate-logical factors.
[4]
Trees should be placed on the house side of
the walk at least three feet from the walk. Trees are not to be placed
along a street between the walk and curb.
[5]
A minimum of 10% of the parking area shall be
devoted to landscaping.
[6]
Fences or walls being constructed should complement
the structure, type and design of the principal structure.
(b)
A landscaping plan must be submitted with the
preliminary plans.
(13)
Utilities, laundry, refuse disposal and storage.
(a)
Prior to the erection of any single-family attached
dwelling unit, each plan of development must provide a description
of the provisions made for sewerage and waste disposal, water supply
and stormwater drainage. A certification as to the adequacy of the
proposed sewerage disposal system or the adequacy of the existing
municipal water and sewer facilities to serve the proposed use by
the Board Engineer and the Monroe Township Municipal Utilities Authority
shall be required.
(b)
Applicants shall secure from the Board Engineer
a certification that the development site is not located on an area
subject to flooding.
(c)
If the development site will be located in an
area subject to flooding, the applicant shall submit, in addition
to other requirements, a statement, prepared by a registered architect
or engineer, giving an explanation of the building methods to be used
in overcoming the danger of flooding. Such statement shall also include
an explanation of how the existing watershed will be maintained and
that other adjacent areas will not become subject to flooding. These
proposals shall be submitted to the Board Engineer for study and certification
that these plans are adequate.
(d)
Within the single-family attached dwelling unit
development, provisions shall be made by the developer of the project
for the installation of any and all public water, sewage and drainage
facilities or such facilities as shall be required. All installations
of such improvements will be made at the sole cost of the developer.
(e)
All dwelling units shall be connected through
approved and functioning public water and sanitary sewage systems
prior to the issuance of a certificate of occupancy, except as where
otherwise provided herein.
(f)
All telephone and electric transmission service
shall be installed in the ground.
(g)
Adequate facilities for disposal of refuse shall
be provided, and all refuse disposal units or locations for deposit
must be screened from view, designed in such a fashion as to prevent
access from rodents and blowing away of refuse.
(14)
Common open space.
(a)
The amount, location or locations, types, configurations,
topography, improvements and maintenance of common open space, including
recreational areas in any proposed single-family attached dwelling
unit development, shall be reviewed and approved by the Planning Board.
It shall make detailed findings regarding the adequacy or inadequacy
of the aforementioned items in conformance with the provisions of
this chapter.
(b)
The developer or landowner may offer to dedicate
any or all common open space to the Township. Such offer shall first
be reviewed by the Planning Board, which shall forward its recommendation
to the Township Council. If the Township Council does not accept the
dedication, the developer or landowner thereafter shall provide and
maintain such open space in the manner designated in the development
plan, and as required by the provisions of this chapter as hereinafter
enumerated.
(c)
Owner's responsibility to maintain. It shall
be the owner's responsibility to keep and maintain all open space,
including recreational areas and such other common areas of use within
the owner's control such as foyers, hallways and grounds, streets,
driveways, curbs, sidewalks and lighting in a safe, clean and orderly
condition. All common facilities and open space set forth in the development
plan shall be maintained and preserved in the manner designated. The
transfer of the development or open space and common facilities to
any other person or persons, including associations organized pursuant
to N.J.S.A. 46:8A-1 et seq. and 46:8B-1 shall not abate the continuing
responsibility of the subsequent owner or transferee of the development,
common open space and/or common elements within said development to
preserve and maintain all common open space, including recreational
areas, and other common facilities of development consistent with
the purpose set forth in this subsection. In the event that any owner,
organization, association or any other person or persons owning and/or
establishing to own and/or maintain the common open space and/or common
facilities within the development, or any successor of such person,
organization, association, person or persons, fails to maintain the
common open space and/or common facilities in reasonable order and/or
fails to continue in accordance with the development plan, the Township
Council, pursuant to the authority vested in it by the provisions
of N.J.S.A. 40:55-32[2] and 40:48-2.12a and 40:2.12f, may institute the following
action:
[1]
The Township Council shall serve written notice
upon the appropriate party, setting forth the manner in which this
party has failed to maintain the common open space and/or common facilities
in reasonable condition, and/or in what manner such party has failed
to protect either the health, safety and general welfare of the development
population or the community, or in what manner the use or maintenance
of said common open space and/or common facilities has created a nuisance
or defect contrary to any municipal ordinance or state law, or has
failed to maintain such common facilities and open space contrary
to the provisions of the development plan. Said notice shall include
a demand that such deficiency be cured within 30 days thereof, and
shall state the date and place of a hearing thereon, which shall be
held within 14 days of the notice. All notices shall be served personally
by a designated agent of the Township Council or by certified mail,
return receipt requested.
[2]
At such hearing, the Township Council may modify
the terms of the original notice as to deficiencies and may give an
extension of time within which these shall be cured.
[3]
If the deficiencies set forth in the original
notice, or in the modification thereof, shall not be cured within
30 days or any extension thereof, the Township Council may adopt a
resolution enumerating the deficiencies and requiring the service
of a notice on the responsible party to appear before the Township
Council at a specified time, place and date to show cause why the
Township should either enter upon the common open space and/or common
facilities to make such repairs or take such action as may be required
to cure the deficiencies.
[2]
Editor's Note: N.J.S.A. 40:55-32 was repealed
L. 1975, c. 291; see now N.J.S.A. 40:55D-62, 55D-65 and 55D-67.
(d)
Township maintenance. The Township may enter
upon said common open space and/or common facilities and maintain
the same for a period not to exceed one year. Said entry and maintenance
shall not vest in the public any rights to use common open space and/or
common facilities except when the same is voluntarily dedicated to
the public by the residents and owners. Before expiration of the designated
period of maintenance and entry, the Township Council may, upon its
initiative or upon the request of the responsible party, call a public
hearing upon notice to that responsible party, at which time such
party or the residents within that development shall show cause why
such maintenance by the Township shall not, at the election of the
Township, continue for a succeeding period of time not to exceed more
than one year. If the Township shall determine that common open space
or facilities are in reasonable condition, the Township shall cease
its maintenance. If the Township shall determine that such party is
not ready and able to maintain said common open space and/or facilities
in a reasonable condition, the Township may, in its discretion, continue
to maintain said area during the next succeeding year and be subject
to a similar hearing and determination in each year thereafter. The
decision of the Township in any case shall constitute a final administrative
decision subject to judicial review.
(e)
Cost of maintenance.
[1]
The cost of such maintenance by the Township
shall be assessed against the owner, transferee or successor of said
owner and shall become a tax lien on said property, thereby assessed
in such manner provided for the creation and assessment of all tax
liens.
[2]
Where the responsible party is a group, organization
or association established for the ownership and/or maintenance of
the common open space and facilities, such cost of maintenance shall
be assessed ratably against the properties within the development
that have a right of enjoyment of the common open space and common
facilities.
[3]
The Township, at the time of entering upon said
common open space for the purpose of maintenance, shall file a notice
of such lien in the office of the County Clerk upon the properties
affected by such lien within the development.
(f)
Developer's agreement. Prior to final approval
for any plan of development for a high density residential use, the
developer, owner or such person, persons, association or group designated
to own and/or to maintain the common open space, including recreational
area and common facilities within the development, shall be required
to execute an agreement with the Township of Monroe guaranteeing the
continued compliance with the development plan and the maintenance
of such common open space and facilities contained therein. This agreement
shall be binding on the heirs, successors and assigns of the executing
party, and approved in form and substance by the Township Solicitor.
[Amended 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97]
A.
No development shall be carried out by any person
unless it is designed to avoid irreversible adverse impacts on the
survival of any local populations of the threatened or endangered
plants of the Pinelands cited in N.J.A.C. 7:50-6.27 and, as may be
from time to time amended, of the Comprehensive Management Plan.
B.
All clearing and soil disturbance activities shall
be limited to that which is necessary to accommodate an activity,
use or structure which is permitted by this chapter.
C.
Where practical, all clearing and soil disturbance
activities associated with an activity, use or structure, other than
agriculture, forestry and resource extraction, shall:
E.
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection D above or required pursuant to § 175-70B(3) or 175-72C(3) shall incorporate the following elements:
(1)
The limits of clearing shall be identified.
(2)
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.
(3)
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.
(4)
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:
(a)
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.
(b)
For limited ornamental purposes around buildings
and other structures.
(c)
When limited use of other shrubs or tree species
is required for proper screening or buffering.
F.
Tree protection.
[Added 12-8-1998 by Ord. No. O-45-98]
(1)
All trees are to be retained within 25 feet of a building
site and within 10 feet from parking areas and utility easements and
protected during construction by a four-foot wooden snow fence installed
along the dripline of the trees. Equipment shall not be operated over
the root system in order to prevent soil compaction. The area around
the base of existing trees shall be mulched to provide moisture retention.
No fill or material stockpiles shall be permitted under the dripline
of any trees. Trees shall not be used for roping, cables or fencing,
nor shall nails or spikes be driven into trees. Tree wells shall be
constructed around any grade changes. Either stone or wooden railroad
tie walls shall be installed between the grades to form the tree wells.
Positive drainage shall be provided.
(2)
All trees with a diameter of five inches or greater
shall be indicated on the site plan and grading sheets of development
plans. The size, species and condition of the trees shall be indicated.
The engineer/landscape architect of the Township's Planning or Zoning
Board shall inspect the trees and determine which trees must be preserved
and/or protected. Trees greater than 25 inches in diameter shall be
considered to be specimen trees and must be preserved based on conditions
in the above subsection.
G.
Compensatory planting. Every effort shall be made to avoid the removal of trees having a caliper of five inches or greater from the property in the process of subdividing, site plan approval, grading, or installing improvements. If during the development process, trees indicated to be saved are damaged or removed, the developer shall install trees of at least three-inch caliper for every tree of one-inch caliper removed or damaged. The municipal engineer shall be responsible for all compliance and mitigation inspections as per Subsections F and G.
[Added 12-8-1998 by Ord. No. O-45-98]
[Amended 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97]
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.
A.
All development permitted under this chapter shall
be designed and carried out so that the quality of surface water and
groundwater will be protected and maintained. Agricultural use shall
not be considered development for purposes of this section.
B.
Except as specifically authorized in this section,
no development which degrades surface water or groundwater quality
or which establishes new point sources of pollution shall be permitted.
[Amended 10-3-1988 by Ord. No. O-21-88]
C.
No development shall be permitted which does not meet
the minimum water quality standards of the State of New Jersey or
the United States.
D.
Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in Subsections E through I below, provided that:
[Amended 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97]
(1)
There will be no direct discharge into any surface
water body.
(2)
All discharges from the facility or use are of a quality
and quantity such that groundwater exiting from the parcel of land
or entering a surface body of water will not exceed two parts per
million nitrate/nitrogen.
(3)
All public wastewater treatment facilities are designed
to accept and treat septage.
(4)
All storage facilities, including ponds or lagoons,
are lined to prevent leakage into groundwater.
E.
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 D(2) above provided that:
[Amended 10-3-1988 by Ord. No. O-21-88]
(1)
There will be no direct discharge into any surface
water body.
(2)
The facility is designed only to accommodate wastewater
from existing residential, commercial and industrial development.
(3)
Adherence to Subsection D(2) above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees.
[Amended 4-28-1997 by Ord. No. O-27-97]
(4)
The design level of nitrate/nitrogen attenuation is
the maximum possible within the cost limitations imposed by such user
fee guidelines, but in no case shall groundwater exiting from the
parcel or entering a surface body of water exceed five parts per million
nitrate/nitrogen.
[Amended 4-28-1997 by Ord. No. O-27-97]
F.
Improvements to existing commercial, industrial and
wastewater treatment facilities which discharge directly into surface
waters, provided that:
[Amended 10-3-1988 by Ord. No. O-21-88]
(1)
There is no practical alternative available that would adhere to the standards of Subsection D(1) above.
[Amended 4-28-1997 by Ord. No. O-27-97]
(2)
There is no increase in the existing approved capacity
of the facility.
(3)
All discharges from the facility into surface waters
are such that the nitrate/nitrogen levels of the surface waters at
the discharge point do not exceed two parts per million. In the event
that nitrate/nitrogen levels in the surface waters immediately upstream
of the discharge point exceed two parts per million, the discharge
shall not exceed two parts per million nitrate/nitrogen.
G.
Individual on-site septic wastewater treatment systems
which are not intended to reduce the level of nitrate/nitrogen in
the wastewater shall be permitted, provided that:
[Added 10-3-1988 by Ord. No. O-21-88[1]; amended 2-15-1993 by Ord. No. O-5-93; 4-28-1997 by Ord. No. O-27-97; 11-23-2004 by Ord. No. O-55-2004]
(1)
The proposed development to be served by the system
is otherwise permitted pursuant to the provisions of this chapter.
(2)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection G(3) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 175-157F or 175-157G.
(3)
Only contiguous lands located within the same zoning
district and Pinelands management area as the proposed system or systems
may be utilized for septic dilution purposes, except for the development
of an individual single-family dwelling on a lot existing as of January
14, 1981, nonresidential development on a lot of five acres or less
existing as of January 14, 1981, or cluster development as permitted
by N.J.A.C. 7:50-5.19.
(4)
The depth to seasonal high water table is at least
five feet.
(5)
Any potable water well will be drilled and cased to
a depth of at least 100 feet, unless the well penetrates an impermeable
clay aquiclude, in which case the well shall be cased to at least
50 feet.
(6)
The system will be maintained and inspected in accordance with the requirements of Subsection K below.
(7)
The technology has been approved for use by the New
Jersey Department of Environmental Protection.
(8)
Flow values for nonresidential development shall be
determined based on the values contained in N.J.A.C. 7:9A-7.4, as
amended, except that number of employees may not be utilized in calculating
flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does
not provide flow values for a specific use, but a flow value is assigned
for that use in N.J.A.C. 7:14A-23.3(a), the flow value specified in
N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.
H.
Individual on-site septic wastewater treatment systems
which are intended to reduce the level of nitrate/nitrogen in the
waste water provided that:
[Added 10-3-1988 by Ord. No. O-21-88; amended 4-28-1997 by Ord. No. O-27-97; 11-23-2004 by Ord. No. O-55-2004; 9-10-2018 by Ord. No. O:23-2018]
(2)
If the proposed development is nonresidential, and is located outside
of a Pinelands regional Growth Area, the standards of N.J.A.C. 7:50-6.84(a)5iii(2)
are met.
(3)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel 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 P(3) 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 § § 175-157F and 175-157G.
I.
Alternate design pilot program treatment systems shall
be permitted, provided that:
[Added 11-23-2004 by Ord. No. O-55-2004[2]]
(1)
The proposed development to be served by the system
is residential and is otherwise permitted pursuant to the provisions
of this subsection;
(2)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection I(3) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 175-157F or 175-157G;
(3)
Only contiguous lands located within the same zoning
district and Pinelands management area as the proposed system or systems
may be utilized for septic dilution purposes, except for the development
of an individual single-family dwelling on a lot existing as of January
14, 1981, nonresidential development on a lot of five acres or less
existing as of January 14, 1981, or cluster development as permitted
by N.J.A.C. 7:50-5.19;
(4)
The depth to seasonal high water table is at least
five feet;
(5)
Any potable water well will be drilled and cased to
a depth of at least 100 feet, unless the well penetrates an impermeable
clay aquiclude, in which case the well shall be cased to at least
50 feet;
(6)
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;
(7)
Each system shall be equipped with automatic dialing
capability to the manufacturer, or its agent, in the event of a mechanical
malfunction;
(8)
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;
(9)
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;
(10)
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
[Amended 9-10-2018 by Ord. No. O:23-2018]
(11)
The property owner shall record, with the deed to the property, a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in Subsection I(9) 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.
[Amended 9-10-2018 by Ord. No. O:23-2018[3]]
[3]
Editor’s Note: This ordinance also repealed former Subsection
I(12), which immediately followed.
J.
Surface water runoff, provided that the requirements of § 175-140.1 are met.
[Added 4-28-1997 by Ord. No. O-27-97; amended 4-24-2023 by Ord. No. O:19-2023]
L.
Individual wastewater treatment facility and petroleum
tank maintenance.
[Amended 10-3-1988 by Ord. No. O-21-88]
(1)
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 Chapter 326 of the Solid Waste Management Act, N.J.S.A. 13:1E-1
et seq., and Section 201 of the Clean Water Act:
(a)
Have the facility inspected by a technician
at least once every three years.
(b)
Have the facility cleaned at least once every
three years.
(c)
Once every three years submit to the Board of
Health serving the municipality in which the facility is located a
sworn statement that the facility has been inspected, cleaned and
is functional, setting forth the name of the person who performed
the inspection and cleaning and the date of such inspection.
(2)
The owners of commercial petroleum storage tanks shall
comply with the requirements of P.L. 1986, c. 102 (N.J.S.A. 58:10A-29).
[Amended 4-28-1997 by Ord. No. O-27-97]
M.
The storage and use of chemicals and materials within
the Pinelands Area shall comply with the requirements of N.J.A.C.
7:50-6.87.
N.
Water management:
[Amended 5-22-2024 by Ord. No. O:20-2024]
(1)
Water shall not be exported from the Pinelands except as otherwise
provided as N.J.S.A. 58:1A-7.1.
(2)
A diversion within the Pinelands Area portion of Monroe Township that involves the interbasin transfer of water from sources within the Pinelands Area between the Atlantic Basin and the Delaware Basin, as defined at Subsection N(2)(a) and (b) below, or outside of either basin, shall be prohibited.
(a)
The Atlantic Basin is comprised of Watershed Management Areas
13, 14, 15, and 16, as identified by the New Jersey Department of
Environmental Protection.
(b)
The Delaware Basin is comprised of Watershed Management Areas
17, 18, 19, and 20 as identified by the New Jersey Department of Environmental
Protection.
(3)
A diversion within the Pinelands Are portion of Monroe Township involving the intrabasin transfer of water between HUC-11 watersheds in the same basin, Atlantic Basin or Delaware Basin as defined at Subsection N(2)(a) and (b) above, shall be permitted. If such an intrabasin transfer involves water sourced from the Kirkwood-Cohansey aquifer, the diversion shall meet the criteria and standards set forth at Subsection N(4) below.
(4)
Within the Pinelands Area portion of Monroe Township a new diversion or an increase in allocation from either a single existing diversion source or from combined existing and new diversion sources in the same HUC-11 watershed and in the Kirkwood-Cohansey aquifer, that results in a total diversion of 50,000 gallons of water per day or more (hereafter referred to as "proposed diversion") shall meet the criteria and standards set forth at Subsection N(4)(c) through (f) below and the water management standards of the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-6.86(d). "Allocation" shall mean a diversion permitted pursuant to a water allocation permit or water use registration number issued by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:19.
(b)
[1]
A new well that is to replace an existing well, provided the
existing well is decommissioned in accordance with N.J.A.C. 7:9D-3
and the new replacement well will:
[2]
Any proposed diversion that is exclusively for agricultural
or horticultural use; or
[3]
Any proposed diversion for a resource extraction operation that
constitutes a nonconsumptive use, provided the water returned to the
source is not discharged to a stream or waterbody or otherwise results
in off-site flow, and the diversion and return are located on the
same parcel.
(c)
A proposed diversion shall be permitted only in the following
Pinelands Management Areas: Regional Growth Area; Rural Development
Area; and Agricultural Production Area.
(d)
A proposed diversion shall only be permitted if the applicant
demonstrates that no alternative water supply source is available
or viable. Alternative water supply sources include, but are not limited
to, groundwater and surface water sources that are not part of the
Kirkwood-Cohansey aquifer, and public water purveyors and suppliers,
as defined at N.J.A.C. 7:19-1.3. A list of alternative water supply
sources is available at the offices of the Pinelands Commission and
at https://www.nj.gov/pinelands/.
(e)
A proposed diversion shall not have an adverse ecological impact
on the Kirkwood-Cohansey aquifer. "Adverse ecological impact" means
an adverse regional impact and/or an adverse local impact, as described
at N.J.A.C. 7:50-6.86(d)6 and 7, respectively. A proposed diversion
deemed to have an adverse local impact in the Pinelands Area is prohibited.
A proposed diversion deemed to have an adverse regional impact shall
only be permitted if an applicant permanently offsets the diversion
in accordance with N.J.A.C. 7:50-6.86(d)6i.
(f)
An applicant for a proposed diversion shall provide written
documentation of water conservation measures that have been implemented,
or that are planned for implementation, for all areas to be served
by the proposed diversion. Water conservation measures are measurable
efforts by public and private water system operators and local agencies
to reduce water demand by users and reduce losses in the water distribution
system.
A.
The developer shall arrange for the construction of
water mains in such a manner as to make adequate water service available
to each lot, dwelling unit or use within the development. The entire
system shall be designed in accordance with the requirements and standards
of the borough and/or state agency having approval authority and shall
be subject to their approval. The system shall also be designed with
adequate capacity and sustained pressure for present and probable
future development.
Wetlands are those areas where the substrate
is inundated or saturated by surface water or groundwater at a frequency,
magnitude and duration sufficient to support, and under normal circumstances
do support, a prevalence of vegetation adapted for life in saturated
soil conditions known as "hydrophytes." Wetlands include lands with
poorly drained or very poorly drained soils as designed by the National
Cooperative Soils Survey of the Soil Conservation Service of the United
States Department of Agriculture. Monroe Township does not have any
area of coastal wetlands classification but does possess inland wetlands,
including submerged lands as defined in N.J.A.C. 7:50-6.3 of the New
Jersey Comprehensive Management Plan.
A.
General restrictions.
(1)
Development shall be prohibited in all wetlands in
accordance with N.J.A.C. 7:7A-1 et seq. and in all wetlands and wetlands
transition areas in the Pinelands Areas of the Township as specified
in this section.
[Amended 5-21-1990 by Ord. No. O-11-90; 5-13-1993 by Ord. No. O-5-93]
(3)
Forestry shall be permitted in all wetlands subject to the requirements of § 175-107 of this chapter.
(4)
Fish and wildlife activities and wetlands management
shall be permitted in wetlands in accordance with N.J.A.C. 7:50-6.10.
[Amended 3-27-2012 by Ord. No. O:11-2012]
(5)
Hunting, fishing, trapping, hiking, boating and swimming shall be permitted in all wetlands, provided that such uses do not involve any structure other than those authorized in this section. Other similar low-intensity recreational uses shall be permitted, provided that any associated development does not have a significant adverse impact on the wetland in which the use is carried out as set forth in Subsection B of this section.
[Amended 10-3-1988 by Ord. No. O-21-88]
(6)
Docks, piers, moorings and boat launches for the use of a landowner shall be permitted in all wetlands, provided that the use will not result in a significant adverse impact as set forth in Subsection B of this section.
(7)
Commercial or public docks, piers, moorings and boat launches shall be permitted, provided that: there is a demonstrated need for the facility that cannot be met by existing facilities; the development conforms to all state and federal regulations; and the development will not result in a significant adverse impact as set forth in Subsection B of this section.
(8)
Bridges, roads, trails and utility transmission and
distribution facilities shall be permitted, provided that:
[Amended 10-3-1988 by Ord. No. O-21-88; 2-15-1993 by Ord. No. O-5-93]
(a)
There is no feasible alternative route for the
facility that does not involve development in a wetland or, if none,
that another feasible route which results in less significant adverse
impacts on wetlands does not exist.
(b)
The need for the proposed linear improvement
cannot be met by existing facilities or modification thereof.
(c)
The use represents a need which overrides the
importance of protecting the wetland.
(d)
Development of the facility will include all
practical measures to mitigate the adverse impact on the wetland.
(e)
The resources of the Pinelands will not be substantially
impaired as a result of the facility and its development as determined
exclusively based on the existence of special and unusual circumstances.
(9)
No development, except for those uses which are specifically authorized in this section, shall be carried out within 300 feet of any wetland unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland, as set forth below in Subsection B.
B.
For the purpose of determining a significant adverse
impact on wetlands, the following standards shall be used. A significant
adverse impact shall be deemed to exist where it is determined that
one or more of the following modifications of a wetland will have
an irreversible effect on the ecological integrity of the wetland
and its biotic components, including but not limited to threatened
or endangered species of plants or animals:
[Amended 10-3-1988 by Ord. No. O-21-88]
(1)
An increase in surface water runoff discharging into
a wetland;
(2)
A change in the normal seasonal flow patterns in the
wetland;
(3)
An alteration of the water table in the wetland;
(4)
An increase in erosion resulting in increased sedimentation
in the wetland;
(5)
A change in the natural chemistry of the ground- or
surface water in the wetland;
(6)
A loss of wetland habitat;
(7)
A reduction in wetland habitat diversity;
(8)
A change in wetland species composition; or
(9)
A significant disturbance of areas used by indigenous
and migratory wildlife for breeding, nesting or feeding.
[Added 8-14-2001 by Ord. No. O-21-2001; amended 7-27-2004 by Ord. No.
O-30-2004; 5-22-2012 by Ord. No. O:14-2012; 1-22-2018 by Ord. No. O:44-2017]
A.
Purpose and legislative intent. The purpose of this wireless telecommunications
section of the Code of the Township of Monroe is to provide for the
public health, safety and welfare by ensuring that residents, businesses
and public safety operations in Monroe Township have reliable access
to telecommunications networks and state-of-the-art mobile broadband
communications services while also ensuring that this objective is
accomplished according to Monroe Township's zoning, planning and design
standards. To accomplish the above-stated objectives and to ensure
that the placement, construction or modification of wireless telecommunications
facilities complies with all applicable federal laws, including, without
limitation, Section 6409 of the federal Middle Class Tax Relief and
Job Creation Act of 2012. 47 U.S.C. 1455(a), which, among other things,
creates a national wireless emergency communications network for use
by first responders that in large measure will be dependent on facilities
placed on existing wireless communications support structures, the
Township of Monroe adopts this single, comprehensive wireless telecommunications
section. By enacting this section, it is the Township of Monroe's
intent to ensure the Township of Monroe has sufficient wireless infrastructure
to ensure access to reliable wireless communications services throughout
all areas of the Township of Monroe. In addition to the purpose enumerated
herein, the Township of Monroe is attempting to minimize impacts on
surrounding areas; encouraging coordination among suppliers of telecommunications;
establishing procedures to ensure that telecommunications applications
are reviewed and acted upon within a reasonable period of time; encouraging
the use of existing buildings and structures as locations for telecommunications
facilities; ensuring structural integrity and safety; and meet the
requirements of the Pinelands Comprehensive Management Plan (N.J.A.C.
7:50) if in the Pinelands Area.
B.
ABANDONMENT
ACCESSORY EQUIPMENT
ADMINISTRATIVE APPROVAL
ADMINISTRATIVE REVIEW
ANTENNA
BASE STATION
CARRIER ON WHEELS or CELL ON WHEELS (COW)
CO-LOCATION
CONCEALED WIRELESS FACILITY
DAS
ELECTRICAL TRANSMISSION TOWER
ELIGIBLE FACILITIES REQUEST
EQUIPMENT COMPOUND
EXISTING STRUCTURE
FALL ZONE
LOCAL COMMUNICATIONS FACILITY
MONOPOLE
ORDINARY MAINTENANCE
REPLACEMENT POLE
SUBSTANTIAL MODIFICATION
(1)
(2)
(3)
TOWER
UTILITY POLE
WATER TOWER
WIRELESS FACILITY or WIRELESS FACILITIES
WIRELESS SUPPORT STRUCTURE
Definitions. For the purposes of this section, the following definitions
apply:
Cessation of use of a wireless support structure for wireless
telecommunications activity for at least the minimum period of time
specified under this section.
Any equipment serving or being used in conjunction with a
wireless facility or wireless support structure. The term includes
utility or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters
or similar structures.
Approval that the Director of Community Development or designee
is authorized to grant after administrative review.
Nondiscretionary evaluation of an application by the Director of Community Development or designee. This process is not subject to a public hearing. The procedures for administrative review are established in Subsection D of this section.
Communications equipment that transmits, receives or transmits
and receives electromagnetic radio signals used in the provision of
all types of wireless communications services.
A station at a specific site authorized to communicate with
mobile stations, generally consisting of radio transceivers, antennas,
coaxial cables, power supplies and other associated electronics.
A portable self-contained wireless facility that can be moved
to a location and set up to provide wireless services on a temporary
or emergency basis. A COW is normally vehicle-mounted and contains
a telescoping boom as the antenna support structure.
The placement or installation of wireless facilities on existing
structures, including electrical transmission towers, water towers,
buildings and other structures capable of structurally supporting
the attachment of wireless facilities in compliance with applicable
codes.
Any wireless facility that is integrated as an architectural
feature of an existing structure or any new wireless support structure
designed to camouflage or conceal the presence of antennas or towers
so that the purpose of the facility or wireless support structure
is not readily apparent to a casual observer.
Distributed Antenna System.
An electrical transmission structure used to support high-voltage
overhead power lines. The term shall not include any utility pole.
A request for modification of an existing wireless tower
or base station that involves co-location of new transmission equipment
or replacement of transmission equipment but does not include a substantial
modification.
An area surrounding or near the base of a wireless support
structure within which are located wireless facilities.
A wireless support structure, erected prior to the application
for an eligible facilities request, co-location or substantial modification
under this section that is capable of supporting the attachment of
wireless facilities. The term includes, but is not limited to, electrical
transmission towers, buildings and water towers. The term shall not
include any utility pole.
The area in which a wireless support structure may be expected
to fall in the event of a structural failure, as measured by engineering
standards.
An antenna and any support structure, together with any accessory
facilities, which complies with the standards in N.J.A.C. 7:50-5.4
and which is intended to serve a limited, localized audience through
point-to-point communication, including cellular telephone calls,
paging systems and dispatch communications. It does not include radio
or television broadcasting facilities or microwave transmitters. This
definition is applicable in the Pinelands Area of Monroe Township.
A single, freestanding pole-type structure supporting one
or more antennas. For the purposes of this section, a monopole is
not a tower or a utility pole.
Ensuring that wireless facilities and wireless support structures
are kept in good operating condition. Ordinary maintenance includes
inspections, testing and modifications that maintain functional capacity
and structural integrity; for example, the strengthening of a wireless
support structure's foundation or of the wireless support structure
itself. Ordinary maintenance includes replacing antennas of a similar
size, weight, shape and color and accessory equipment within an existing
equipment compound and relocating the antennas to different height
levels on an existing monopole or tower upon which they are currently
located. Ordinary maintenance does not include substantial modifications.
Pole of equal proportions and of equal height or such other
height that would not constitute a substantial modification to an
existing structure in order to support wireless facilities or to accommodate
co-location. Requires removal of the wireless support structure it
replaces.
The mounting of a proposed wireless facility or wireless
facilities on a wireless support structure that substantially changes
the physical dimensions of the support structure. A mounting is presumed
to be a substantial modification if it meets any one or more of the
following criteria:
Increases the existing vertical height of the wireless support
structure by more than 10%;
Adds an appurtenance to the body of a wireless support structure
that protrudes horizontally from the edge of the wireless support
structure more than 10 feet, or more than the width of the wireless
support structure at the level of the appurtenance, whichever is greater
(except where necessary to shelter the antenna from inclement weather
or to connect the antenna to the tower via cable); and
Increases the square footage of the existing equipment compound
by more than 1,000 square feet.
A lattice-type structure, guyed or freestanding, that supports
one or more antennas.
A structure owned and/or operated by a public utility, municipality,
electric membership corporation or rural electric cooperative that
is designed specifically for and used to carry lines, cables, or wires
for telephone, cable television, or electricity, or to provide lighting.
A water storage tank, or a standpipe or an elevated tank
situated on a support structure, originally constructed for use as
a reservoir or facility to store or deliver water.
The set of equipment and network components, exclusive of
the underlying wireless support structure, including, but not limited
to, antennas, accessory equipment, transmitters, receivers, base stations,
power supplies, cabling and associated equipment necessary to provide
wireless telecommunications services.
A freestanding structure, such as a monopole or tower, designed
to support wireless facilities. This definition does not include utility
poles.
C.
Approvals required for wireless facilities and wireless support structures.
(1)
Wireless facilities exceeding a height of 35 feet are permitted in the AG, FD-10, FD-40, RD-A, RD-C, RD-RR, and RD-RS districts subject to the review process in Subsection D, provided that the proposed wireless telecommunication facility is in accordance with the standards for Local Communication Facilities approved by the Pinelands Commission and § 175-151.1.F. Wireless facilities with a height of 35 feet or less are permitted provided that they are in accordance with C(2) below.
(2)
In all other districts:
(a)
Administrative review and approval. The following types of applications are subject to the review process as provided in Subsection D. No other type of zoning or site plan review is necessary:
[1]
New wireless support structures that are less than
40 feet in height, in any zoning district;
[2]
New wireless support structures that are less than
130 feet in height, in any Industrial District or municipally owned
property;
[3]
Concealed wireless facilities that are 30 feet
or less in height, in any residential district;
[4]
Concealed wireless facilities that are 130 feet
or less in height, in any zoning district except residential districts;
[5]
Monopoles or replacement poles located on public
property or within utility easements or rights-of-way, in any zoning
district, provided they comply with the requirements of this section;
[6]
COWs, in any zoning district, if the use of the
COW is either not in response to a declaration of an emergency or
disaster by the Governor, or will last in excess of 90 days;
[7]
Substantial modifications; and
[8]
Co-locations.
(3)
Special permit. Any application for wireless facilities and/or wireless support structures not subject to administrative review and approval pursuant to Subsection C(2)(a) above shall be permitted in any district, except in the AG, FD-10, FD-40, RD-A, RD-C, RD-RR, and RD-RS districts, upon the granting of a special permit from the Zoning Board in accordance with the standards for granting special permits set forth in applicable chapters of the Code of the Township of Monroe.
(4)
Exempt from all approval processes. The following are exempt
from all zoning approval processes and requirements:
(a)
Removal or replacement of transmission equipment on an existing
wireless tower or base station that does not result in a substantial
modification as defined in this section.
(b)
Ordinary maintenance of existing wireless facilities and wireless
support structures, as defined in this section;
(c)
Outside the Pinelands Area of Monroe Township, any wireless
device proposed in the public ROW is to be designed distributed antenna
system or small cell network as a neutral host capable of hosting
multiple wireless providers at one location; and
(d)
In the Pinelands Area of Monroe Township any wireless facility
antenna to be installed in the public ROW as part of a distributed
antenna system and located on an existing structure; and
(e)
COWs placed for a period of not more than 90 days at any location
within the Township of Monroe or after a declaration of an emergency
or a disaster by the Governor.
D.
Application review and approval process.
(1)
Content of application package for new sites. All administrative
review application packages must contain the following:
(a)
Administrative review application form signed by applicant;
(b)
Copy of lease or letter of authorization from property owner
evidencing applicant's authority to pursue application. Such submissions
need not disclose financial lease terms;
(c)
Site plans detailing proposed improvements which comply with
the Township's existing site plan requirements. Drawings must depict
improvements related to the applicable requirements, including property
boundaries, setbacks, topography, elevation sketch, and dimensions
of improvements; and
(d)
Documentation from a licensed professional engineer of calculation
of the fall zone and certification that the wireless support structure
has sufficient structural integrity to accommodate the required number
of additional users as provided in this section of the Township Code.
As a condition of the final certificate of occupancy (CO), the applicants
shall be required to submit an as-built drawing by a professional
engineer licensed in the State of New Jersey.
(2)
Content of application package for other sites/facilities. All
administrative review application packages must contain the following:
(a)
Administrative review application form signed by applicant;
(b)
For co-locations and substantial modifications, written verification
from a licensed professional engineer certifying that the host support
structure is structurally and mechanically capable of supporting the
proposed additional antenna or configuration of antennas; and
(c)
For substantial modifications, drawings depicting the improvements
along with their dimensions.
(3)
All applications for the development of wireless facilities in the Pinelands Area of Monroe Township shall be submitted in accordance with the application requirements of § 175-57, Pinelands Area development.
(4)
All applications for the development of wireless facilities
in the AG, FD-10, FD-40, RD-A, RD-C, RD-RR, and RD-RS districts shall
include:
(a)
Documentary evidence that a legitimate attempt has been made
to locate the antennas on existing suitable structures. Such evidence
shall include a radio frequency engineering analysis of the potential
suitability of existing suitable structures in the search area for
such antennas. Efforts to secure such locations shall be documented
through correspondence between the wireless telecommunications provider
and the property owner of the existing suitable structure.
(b)
A notarized statement indicating that the applicant will abide
by the provisions of "Exhibit B Co-Location Opportunities for Wireless
Providers in the Pinelands" contained in the "Comprehensive Plan for
Wireless Communications Facilities in the Pinelands," approved by
the Pinelands Commission September 11, 1998.
(c)
Written confirmation from any other wireless providers who have
expressed a desire to co-locate on the proposed facility (as stated
in a comprehensive plan for local communications facilities approved
by the Pinelands Commission) that the selected site meets their operation
needs and space requirements for equipment sheds and the like.
(5)
Fees. The total fees for reviewing an application review and
approval in accordance with this section shall be in the amount of
$2,000 for the application fee and $10,000 for the professional escrow
fee.
(6)
Procedure and timing.
(a)
Applications for co-location, monopole or replacement pole,
concealed wireless facility, nonexempt COW or substantial modification.
Within 45 days of the receipt of an application for a co-location,
a monopole or replacement pole, a concealed wireless facility, a nonexempt
COW or a substantial modification, the Zoning Officer will:
[1]
Review the application for conformity with Chapter 175. An application under this Subsection D(6)(a) is deemed to be complete unless the Zoning Officer notifies the applicant in writing, within 10 calendar days of submission of the application of the specific deficiencies in the application which, if cured, would make the application complete. Upon receipt of a timely written notice that an application is deficient, an applicant may take 10 calendar days from receiving such notice to cure the specific deficiencies. If the applicant cures the deficiencies within 10 calendar days, the application shall be reviewed and processed within 30 calendar days from the initial date the application was received. If the applicant requires a period of time beyond 10 calendar days to cure the specific deficiencies, the forty-five-calendar-days' deadline for review shall be extended by the same period of time. Upon a determination of completeness of an application for development in the Pinelands Area of Monroe Township, notice shall be given to the Pinelands Commission in accordance with § 175-39; and
[2]
Make a final decision to approve the co-location application or approve or disapprove other applications under this Subsection D(6)(a);
[3]
Advise the applicant in writing of its final decision. If the Zoning Officer denies an application, it must provide written justification of the denial, which must be based on substantial evidence of inconsistencies between the application and this section. Upon the granting of approval, copies of the approval documents shall be sent to the Pinelands Commission in accordance with § 175-39, and the permit shall not become effective until Commission review has been completed in accordance with § 175-63 of this Chapter; and
[4]
Failure to issue a written decision within 30 calendar days shall constitute an approval of the application. In the Pinelands Area of Monroe Township, notwithstanding the provisions of this section, where any approval results from a failure of the Township to act within the prescribed period, the applicant shall provide notice to the Pinelands Commission, in accordance with § 175-39, and the permit shall not become effective until Commission review has been completed in accordance with § 175-63 of this Chapter.
(b)
Applications for new wireless support structures that are subject
to administrative review and approval. Within 45 calendar days of
the receipt of an application for a new wireless support structure
that is subject to administrative review and approval under this section,
the Director of Community Development will:
[1]
Review the application for conformity with Chapter 175. An application under this Subsection D(6)(b) is deemed to be complete unless the Director of Community Development notifies the applicant in writing, within 15 calendar days of submission of the application of the specific deficiencies in the application which, if cured, would make the application complete. Upon receipt of a timely written notice that an application is deficient, an applicant may take 15 calendar days from receiving such notice to cure the specific deficiencies. If the applicant cures the deficiencies within 15 calendar days, the application shall be reviewed and processed within 45 calendar days from the initial date the application was received. If the applicant requires a period of time beyond 15 calendar days to cure the specific deficiencies, the forty-five-calendar-days' deadline for review shall be extended by the same period of time. Upon a determination of completeness of an application for development in the Pinelands Area of Monroe Township, notice shall be given to the Pinelands Commission in accordance with § 175-39.
[2]
Make a final decision to approve or disapprove
the application; and
[3]
Advise the applicant in writing of its final decision. If the Director of Community Development denies an application, it must provide written justification of the denial, which must be based on substantial evidence of inconsistencies between the application and this section. Upon the granting of approval, copies of the approval documents shall be sent to the Pinelands Commission in accordance with § 175-39, and the permit shall not become effective until Commission review has been completed in accordance with § 175-63 of this Chapter; and
[4]
Failure to issue a written decision within 45 calendar days shall constitute an approval of the application. In the Pinelands Area of Monroe Township, notwithstanding the provisions of this section, where any approval results from a failure of the Township to act within the prescribed period, the applicant shall provide notice to the Pinelands Commission, in accordance with § 175-39, and the permit shall not become effective until Commission review has been completed in accordance with § 175-63 of this Chapter.
(c)
Building permit. A Building Inspector shall issue a building
permit following approval of the application under administrative
review in accordance with the process and standards in this section.
E.
Special permit process.
(1)
Any wireless facility or wireless support structures not meeting the requirements of Subsection C above, may be permitted in all zoning districts upon the granting of a Special Permit, subject to:
(2)
Content of special permit application package. All special permit
application packages must contain the following:
(a)
Special permit application form signed by applicant;
(b)
Copy of lease or letter of authorization from the property owner
evidencing applicant's authority to pursue zoning application. Such
submissions need not disclose financial lease terms;
(c)
Written description and scaled drawings of the proposed wireless
support structure or wireless facility, including structure height,
ground and structure design, and proposed materials;
(d)
Number of proposed antennas and their height above ground level,
including the proposed placement of antennas on the wireless support
structure;
(e)
Line-of-sight diagram or photo simulation, showing the proposed
wireless support structure set against the skyline and viewed from
at least four directions within the surrounding areas;
(f)
A statement that the proposed wireless support structure will be made available for co-location to other service providers at commercially reasonable rates, provided space is available and consistent with Subsection F(1)(a)[1] of this section; and
(g)
Notification of surrounding property owners and posting as required
by the Code of the Township of Monroe.
(3)
All applications for the development of wireless facilities in the Pinelands Area of Monroe Township shall be submitted in accordance with the application requirements of § 175-57, Pinelands Area development.
(4)
Fees.
(a)
The total fees for reviewing a special permit application shall
be the lesser of the Township's actual, direct costs (including cell
site or monopole structure third-party costs such as consultants'
fees) incurred for the review, or $10,000. Applications for new wireless
support structures with proposed wireless facilities shall be considered
together as one application requiring only a single application fee.
An applicant for application review shall submit an initial deposit
of $2,000 toward the fees to be paid under this section of the chapter.
(b)
DAS or multineutral host cell site escrow of $15,000.
(c)
All applicable building permit fees per typ formula.
(5)
Procedure and timing. Within 45 calendar days of the receipt of an application under Subsection E of this section, the Director of Community Development will:
(a)
Complete the process for reviewing the application for conformity with ordinances applicable to special permits, including conducting a hearing in accordance with the Township's relevant hearing rules. An application under this Subsection E is deemed to be complete unless the Zoning Official notifies the applicant in writing, within 30 calendar days of submission of the application of the specific deficiencies in the application which, if cured, would make the application complete. Upon receipt of a timely written notice that an application is deficient, an applicant may take 30 calendar days from receiving such notice to cure the specific deficiencies. If the applicant cures the deficiencies within 30 calendar days, the application shall be reviewed and processed within 45 calendar days from the initial date the application was received. If the applicant requires a period of time beyond 30 calendar days to cure the specific deficiencies, the forty-five-calendar-days' deadline for review shall be extended by the same period of time. Upon a determination of completeness of an application for development in the Pinelands Area of Monroe Township, notice shall be given to the Pinelands Commission in accordance with § 175-39;
(b)
Make a final decision to approve or disapprove the application;
(c)
Advise the applicant in writing of its final decision. If the Director of Community Development denies an application, it must provide written justification of the denial. Upon the granting of approval, copies of the approval documents shall be sent to the Pinelands Commission in accordance with § 175-39, and the permit shall not become effective until Commission review has been completed in accordance with § 175-63 of this section; and
(d)
Failure to issue a written decision within 50 calendar days shall constitute an approval of the application. In the Pinelands Area of Monroe Township, notwithstanding the provisions of this section, where any approval results from a failure of the Township to act within the prescribed period, the applicant shall provide notice to the Pinelands Commission, in accordance with § 175-39, and the permit shall not become effective until Commission review has been completed in accordance with § 175-63 of this Chapter.
F.
General standards and design requirements.
(1)
Design.
(a)
Wireless support structures shall be subject to the following:
[1]
Shall be engineered and constructed to accommodate
a minimum number of co-locations based upon their height:
[a]
Support structures 60 feet to 100 feet shall support
at least three telecommunications providers;
[b]
Support structures greater than 100 feet but less
than 150 feet shall support at least four telecommunications providers;
and
[c]
Support structures greater than 150 feet in height
shall support at least four telecommunications carriers.
[2]
The equipment compound area surrounding the wireless support structure must be of sufficient size to accommodate accessory equipment for the appropriate number of telecommunications providers in accordance with Subsection F(1)(a)[1].
(b)
Concealed wireless facilities shall be designed to accommodate
the co-location of other antennas whenever economically and technically
feasible. Antennas must be enclosed, camouflaged, screened, obscured
or otherwise not readily apparent to a casual observer.
(c)
Upon request of the applicant, the Zoning Officer may waive
the requirement that new wireless support structures accommodate the
co-location of other service providers if it finds that co-location
at the site is not essential to the public interest, or that the construction
of a shorter support structure with fewer antennas will promote community
compatibility.
(d)
A monopole or replacement pole shall be permitted within utility
easements or rights-of-way, in accordance with the following requirements:
[1]
The utility easement or right-of-way shall be a
minimum of 100 feet in width.
[2]
The easement or right-of-way shall contain overhead
utility transmission and/or distribution structures that are 80 feet
or greater in height.
[3]
The height of the monopole or replacement pole
may not exceed by more than 30 feet the height of existing utility
support structures.
[4]
Monopoles and the accessory equipment shall be
set back a minimum of 15 feet from all boundaries of the easement
or right-of-way.
[5]
Single-carrier monopoles may be used within utility easements and rights-of-way due to the height restriction imposed by Subsection F(1)(d)[3] above.
[6]
Poles that use the structure of a utility tower
for support are permitted. Such poles may extend up to 20 feet above
the height of the utility tower.
(2)
Setbacks. Unless otherwise stated herein, each wireless support
structure shall be set back from all property lines a distance equal
to its engineered fall zone.
(3)
Height. In residential districts, wireless support structures
shall not exceed a height equal to 30 feet from the base of the structure
to the top of the highest point, including appurtenances. Notwithstanding
the foregoing, the Zoning Board shall have the authority to vary the
foregoing height restriction upon the request of the applicant. With
its waiver request the applicant shall submit such technical information
or other justifications as are necessary to document the need for
the additional height to the satisfaction of the Zoning Board.
(4)
Aesthetics.
(a)
Lighting and marking. Monopole wireless facilities or wireless
support structures shall not be lighted or marked unless required
by the Federal Communications Commission (FCC) or the Federal Aviation
Administration (FAA).
(b)
Signage. Signs located at the wireless facility shall be limited
to ownership and contact information, FCC antenna registration number
(if required) and any other information as required by government
regulation. Commercial advertising is strictly prohibited. Notwithstanding
the foregoing, nothing in this section shall prohibit signage that
is approved for other uses on property on which wireless facilities
are located (e.g., approved signage at locations on which concealed
facilities are located).
(5)
Accessory equipment. Accessory equipment, including any buildings,
cabinets or shelters, shall be used only to house equipment and other
supplies in support of the operation of the wireless facility or wireless
support structure. Any equipment not used in direct support of such
operation shall not be stored on the site.
(6)
Fencing. At a minimum, the site shall require a privacy fence
of six feet at a monopole site. The Zoning Official at his/her discretion
can require the placement of a security fence at the site, if necessary.
(7)
Wireless facilities exceeding a height of 35 feet in the AG,
FD-10, FD-40, RD-A, RD-C, RD-RR, and RD-RS districts shall be permitted,
provided that:
(a)
The wireless facility utilizes an existing communications or other suitable support structure, to the extent practicable. Should there be more than one such existing suitable structure available for use, the antenna shall utilize that structure which offers the least potential for visual impacts on those uses and resources listed in Subsection F(7)(b)[3] through [5] below.
(b)
If an existing communications or other suitable support structure
cannot be utilized, the wireless facility and any necessary support
structure is located such that it:
[1]
Is in accordance with an approved Comprehensive
Local Communications Facility Plan pursuant to N.J.A.C. 7:50-5.4(c);
[2]
Meets technical operating requirements;
[3]
Minimizes visual impacts as viewed from publicly
dedicated roads and highways and from other areas frequented by the
public by, in order of decreasing priority:
[4]
Avoids, to the maximum extent practicable, visual
impacts as viewed from the Great Egg Harbor River;
[5]
Minimizes visual impacts as viewed from existing
residential dwellings located on contiguous parcels through adherence
to the buffer and setback requirements established in the zone in
which the support structure is be located; and
[6]
Is located in one of the following areas:
[a]
In the RD-C zone or on the parcel of an existing
commercial or industrial use in the RD-A, RD-RR, or RD-RS district;
[b]
On developed publicly owned lands within 500 feet
of an existing structure, provided that the facility will be located
on previously disturbed lands that have not subsequently been restored
and that no facility will be located on state, county, or municipal
conservation lands, state recreation lands or county and municipal
lands used for low-intensity recreational purposes;
[c]
On the parcel of an approved resource extraction
operation, provided that the facility will be located on previously
disturbed lands that have not subsequently been restored;
[d]
On the parcel of an existing first aid or fire
station; or
[e]
On the parcel of an existing landfill, provided
that the facility will be located on previously disturbed lands that
have not subsequently been restored.
(c)
Should there be more than one location which meets the requirements set forth in Subsection F(7)(b)[3] through [6] above, the wireless telecommunication facility and any necessary support structure shall be sited at that location which will have the least visual impact on those uses and resources described in Subsection F(7)(b)[3], [4] and [5] above.
(d)
The support structure is designed to accommodate the needs of
any other local communications provider which has identified a need
to locate a facility within the associated search area contained within
an approved comprehensive local communications facility plan.
(e)
The antenna and any supporting structure does not exceed 200
feet in height but, if of a lesser height, shall be designed so that
its height can be increased to 200 feet if necessary to accommodate
other local communications facilities in the future.
G.
Miscellaneous provisions.
(1)
Abandonment and removal. If a wireless support structure is
abandoned, and it remains abandoned for a period in excess of 12 consecutive
months, the Township may require that such wireless support structure
be removed only after first providing written notice to the owner
of the wireless support structure and giving the owner the opportunity
to take such action(s) as may be necessary to reclaim the wireless
support structure within 60 days of receipt of said written notice.
In the event the owner of the wireless support structure fails to
reclaim the wireless support structure within the sixty-day period,
the owner of the wireless support structure shall be required to remove
the same within six months thereafter. The Township shall ensure and
enforce removal by means of its existing regulatory authority, with
costs of removal charged to the owner. In the Pinelands Area of Monroe
Township, the property on which the removed tower was located shall
be restored in accordance with N.J.A.C. 7:50-6.24.
(2)
Multiple uses on a single parcel or lot. Wireless facilities
and wireless support structures may be located on a parcel containing
another principal use on the same site or may be the principal use
itself.
H.
Wireless facilities and wireless support structures in existence
on the date of adoption of this section.
(1)
Wireless facilities and wireless support structures that were
legally permitted on or before the date this section was enacted shall
be considered a permitted and lawful use.
(2)
Activities at nonconforming wireless support structures. Notwithstanding
any provision of this section:
(a)
Ordinary maintenance may be performed on a nonconforming wireless
support structure or wireless facility.
(b)
Co-location of wireless facilities on an existing nonconforming wireless support structure shall not be construed as an expansion, enlargement or increase in intensity of a nonconforming structure and/or use and shall be permitted through the administrative approval process defined in Subsection D; provided that the co-location does not substantially modify the size of the equipment compound at that location or otherwise substantially modify the existing nonconformity.
A.
No yard or other open space provided around any building
for the purpose of complying with the provisions of this chapter shall
be considered as providing a yard or open space for any other buildings
on the lot or on any other lot.
B.
Every part of a required yard shall be open and unobstructed
from its lowest level to the sky, except for the ordinary projections
allowed by the State Uniform Construction Code, including but not
limited to sills, belt courses, chimneys, flues, buttresses, ornamental
features and eaves; provided, however, that none of the aforesaid
projections shall project into the minimum required yards more than
24 inches, unless otherwise permitted by this chapter. Unroofed entrance
porches or terraces which do not rise above the height of the floor
level of the ground floor may extend into any yard, provided that
the total area of all such porches which extend into such yards does
not exceed 1,000 square feet.[1]
[1]
Editor's Note: Former Subsection C, regarding
minimum yard areas, which immediately followed this subsection, was
repealed 10-23-2001 by Ord. No. O-31-2001.
A.
Scenic corridors.
[Amended 10-3-1988 by Ord. No. O-21-88]
(1)
Except for those roads which provide for internal
circulation within residentially developed areas, all public paved
roads in the RD-A, RD-RR, RD-RS, RD-C, FD-10 and FD-40 Zoning Districts
shall be considered scenic corridors.
[Amended 2-15-1993 by Ord. No. O-5-93; 3-27-2012 by Ord. No. O:11-2012]
(2)
Those rivers designated in N.J.A.C. 7:50-6.105, including
the Great Egg Harbor River, shall be considered as special scenic
corridors in any part of the Pinelands.
B.
Special requirements for scenic corridors.
(1)
Except as otherwise provided in this section, no permit
shall be issued for development on a scenic corridor other than for
agricultural product sales establishments unless the applicant demonstrates
that all buildings are set back at least 200 feet from the center
line of the corridor.
(2)
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 in accordance with the provisions of § 175-147 of this chapter so as to provide screening from the corridor.
(3)
If an applicant for development approval demonstrates that 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 in accordance with the provisions of § 175-147 so as to provide screening between the building and the corridor.
(4)
All structures within 1,000 feet of the center line
of a special scenic corridor shall be designed to avoid visual impacts
as viewed from the corridor.
[Added 10-3-1988 by Ord. No. O-21-88]
All recreational facilities in the Pinelands
Area shall comply with the provisions of N.J.A.C. 7:50-143(a)2 and
N.J.A.C. 7:50-144.
