The apron is the area between the street pavement and the back
edge of the sidewalk or the street right-of-way.
A.
Materials.
Materials shall conform to the N.J.D.O.T. Standard Specifications
for Road and Bridge Construction in effect at the time of construction.
1.
Thickness for residential uses.
The concrete shall be six (6) inches thick with a 6" x 6" #4
wire mesh over an approved subbase for aprons leading to residential
uses.
2.
Thickness for non-residential uses.
The concrete shall be eight (8) inches thick with a 6" x 6"
#4 wire mesh over a subbase of four (4) inches of stone for aprons
leading to non-residential uses.
[Amended 8-25-97 by Ord. No. 97-25]
For residential development these standards are superseded by
Residential Site Improvement Standards (N.J.A.C., Title 5, Chapter
21).
A.
Requirement.
Separate bicycle paths shall be required if paths have been
specified as part of the adopted Master Plan. At the discretion of
the Board, bikeways or easements for future installation thereof shall
be required, depending upon factors such as the location of the development
in relationship to other populated areas or its location with respect
to other bikeways within the Township, whether existing or proposed,
and adopted by the Planning Board or reflected on the Master Plan.
1.
Bicycle Paths.
Bicycle paths shall not exceed a grade of six percent (6%),
except for short distances, and shall be not less than five (5) feet
wide for one-way travel and eight (8) feet wide for two-way travel.
Bicycle paths shall be constructed with a base consisting of a minimum
of four (4) inches of gravel, crushed stone or slag on the subgrade
and a surface course of three (3) inches of FABC-1. Where separate
bike paths intersect streets, the curbing shall be ramped for bicycle
access to the street grade. Bicycle-safe inlet grates shall be used
in the construction of all residential streets.
A.
Materials.
Buffering may consist of fencing, combinations of plant material
that are effective in all seasons, berms, rocks, boulders, significant
indigenous existing vegetation, mounds or combinations to achieve
the stated design objectives.
B.
Requirement.
Where a nonresidential use abuts a residential zone or use,
where a multi-family development abuts a single-family development
or single-family zoning district, where reverse frontage design is
required, or along all residential lot lines abutting an arterial
or collector road the following buffer area and landscaping requirements
shall apply:
A strip of land in no case less than twenty-five (25) feet in
width.
Buffer areas shall be uniform in width and continuous.
C.
Design.
Arrangement of planting in buffers shall provide maximum protection
between adjacent properties and avoid damage to existing plant material.
The design shall be aesthetically pleasing by mixing masses of appropriate
evergreen and deciduous material highlighting color, texture, size
and seasonal interest. Indigenous material shall be used to achieve
design objectives where appropriate. Buffers shall promote succession
of plant material.
D.
Planting Specifications.
All plantings shall be installed according to accepted horticultural
standards.
E.
Screening.
Parking areas, garbage collection and utility areas, and loading
and unloading areas shall be screened around their perimeter by a
buffer strip a minimum of five (5) feet wide.
F.
Prohibition.
No structure, storage of materials or parking of vehicles shall
be permitted in the buffer area, except access drives from public
streets and permitted signs.
G.
Maintenance.
Buffer areas shall be maintained and kept clean of all debris,
rubbish, weeds, tall grass and dead trees by the owner. Any fences
and screen planting shall be maintained permanently, and any plant
material which does not live shall be replaced within one (1) year.
Access shall be provided for maintenance purposes.
All non-residential buildings shall have a finished architectural
facade on all sides.
All clearing, excavation and embankment construction shall be
in accordance with the approved plan and applicable requirements of
the NJDOT Standard Specifications, approved Soil Erosion and Siltation
Control Plan and N.J.D.E.P. Rules and Regulations. No excavated material
may be removed from or added to a site except in accordance with an
approved site plan, subdivision or soil removal plan.
In all developments the following critical areas shall be preserved
as undeveloped open space: wetlands as defined by New Jersey Department
of Environmental Protection, field verified by an on-site inspection;
significant trees defined as the largest known individual trees of
each species in New Jersey as listed by the New Jersey Department
of Environmental Protection (NJDEP) Bureau of Forestry and large trees
which are 90% or more of the diameter of the known largest tree; lands
in the floodplain as defined in NJDEP in its Stream Encroachment Manual;
steep slopes in excess of twenty-five (25%) percent as measured over
a 10-foot interval unless appropriate engineering measures concerning
slope stability, erosion, and resident safety are taken to the satisfaction
of the Township Engineer; habitats of rare, threatened or endangered
vegetation and wildlife species as identified on federal or state
lists; and historically significant structures and sites as listed
on the federal or New Jersey Registers of Historic Places.
All site plans, subdivisions and general development plans shall
comply with the following requirements:
1.
Each development plan shall identify and map on-site critical areas.
Such mapping shall depict the location of each critical area in relation
to the proposed development. Each critical area shall be distinguished
graphically and the total acreage of each critical area within each
lot shall be noted.
2.
Critical areas shall be delineated as follows:
a.
Tidal wetlands as defined by N.J.S.A. 13:9A-1 et seq. and as delineated
in the field with the delineation boundary verified in writing by
NJDEP.
b.
Freshwater wetlands as defined by N.J.S.A. 13:9B-1 et seq. and as
delineated in the field with the delineation boundary verified by
N.J.D.E.P. through a Letter of Interpretation, presence/absence letter
or other written communication.
c.
Buffer or transition areas for tidal and freshwater wetlands as required
by N.J.D.E.P.
d.
Location of significant trees as determined by field survey indicating
by notes the diameter at four feet and tree species.
e.
Location of the 100 year floodplain boundary and floodway.
f.
Areas of slope exceeding 25% as measured over a 10 foot vertical
change in grade.
g.
The presence of potential habitat on the property of concern or adjoining
properties within 200 feet of rare, endangered or threatened vegetation
and wildlife based on written communication with the New Jersey Natural
Heritage Program. The project site shall be indicated on USGS topographic
quadrangle map by the applicant and the map forwarded to the Natural
Heritage Program requesting information on the potential presence
of habitat for rare, threatened or endangered vegetation and wildlife
species.
3.
Each development shall be designed to protect and prevent disturbance
of Critical Areas during construction and subsequent use of the property.
The following standards shall be adhered to:
a.
Principal nonresidential buildings and accessory buildings and structures,
including open or enclosed parking, shall be setback at least twenty
(20) feet from the boundary of any required freshwater wetland transition
area or tidal wetland buffer area.
b.
Where any yard of a residential development is within a freshwater
wetlands transitional area or tidal wetland buffer area, the required
yard setback shall be maintained between the building or structures
and the transition area/buffer area boundary.
c.
All efforts to preserve significant trees are to be made including,
as appropriate, site redesign, use of tree wells, and other methods
as specified in the landscaping section of this ordinance.
d.
Within the 100 year floodplain only activities permitted by N.J.D.E.P.
shall be permitted.
e.
No development, grading or other alteration or disturbance is permitted
in areas with steep slopes in excess of twenty-five (25%) unless such
action is approved by the Township Engineer in view of appropriate
engineering measures concerning slope stability, erosion and resident
safety which are reflected on the site plan.
f.
If the presence of potential habitat for rare, threatened or endangered
vegetation and/or wildlife species has been identified on-site or
on adjoining properties by the New Jersey Natural Heritage program,
care should be taken during site design to preserve as much of this
habitat as possible and to limit disruptions to habitat on adjoining
parcels.
g.
Wherever and whenever possible, registered historic structures or
sites should be preserved and incorporated into the site design. Alterations
should be kept to a minimum.
[Amended 6-10-92 by Ord. No. 92-20; 8-25-97 by Ord. No. 97-25]
For residential development these standards are superseded by
Residential Site Improvement Standards (N.J.A.C., Title 5, Chapter
21).
A.
Required.
Monolithic concrete, granite (Belgian) block curbs and gutters,
or combination concrete curb and gutter, as directed by the approving
authority, shall be installed along all edges of pavement.
B.
Barrier Free Access.
Curbing abutting sidewalks shall be depressed and shall be designed
to provide barrier-free curb ramps constructed in accordance with
the Americans with Disabilities Act.
C.
Size and Specifications.
Size and specifications shall be in accordance with N.J.D.O.T.
Standard Specification for Road and Bridge Constructions in effect
at the time of construction. (See standard detail on file in the Department
of Planning and Engineering.)
D.
Timing of Curb Construction.
In areas with bituminous concrete pavement, required curb shall
be constructed prior to the construction of the bituminous base courses.
Any required repairs to curbs which are not suitable for acceptance
shall be made prior to construction of the final pavement wearing
course.
A.
Residential.
1.
Grade.
The maximum grade of a driveway shall not exceed fifteen percent
(15%) and the minimum grade shall not be less than one percent (1%)
unless specifically approved by the Township Engineer.
2.
Pavement Specifications.
All driveways within the Township right-of-way shall be paved
with material approved by the Township Engineer. Pavement for driveways
shall be three inch bituminous stabilized base course and a two inch
bituminous surface course of material in conformance with NJDOT standards.
3.
Width.
The minimum width for a driveway for single-family dwelling
shall be twelve feet (12). The minimum width shall be twenty feet
(20) for a two car garage.
4.
Driveway Depressions.
At each driveway without curb return radii, the curb shall be
depressed to form a driveway opening. The depression shall be equal
in length to the width of the driveway plus three (3) feet on either
side.
At driveways with curb return radii, the curb depression shall
accommodate the exterior limits of the radii. The depression shall
be smoothly formed to maintain a lowered curb face across the depression
of at least one (1) inch, but not more than one and one-half (1 1/2)
inches. The bottom of the curb shall be lowered to maintain full curb
depth across the depression.
B.
Nonresidential.
1.
Grade.
The maximum grade of a driveway shall not exceed ten percent
(10%) and the minimum grade shall not be less than one percent (1%)
unless specifically approved by the Township Engineer.
2.
Pavement Specifications.
Pavement for driveways shall have five (5) inches bituminous
stabilized base and two (2) inches bituminous surface course of material
in conformance with N.J.D.O.T. Standard Specification for Road and
Bridge Constructions in effect at the time of construction.
3.
Width.
Driveways shall provide curb return radii of not less than fifteen
(15) feet for all right turn movements. Driveway width shall be a
minimum of eighteen (18) feet for one-way driveways and twenty-four
(24) feet for two-way driveways.
4.
Driveway Depressions.
At driveways with curb return radii, the curb depression shall
accommodate the exterior limits of the radii. The depression shall
be smoothly formed to maintain a lowered curb face across the depression
of at least one (1) inch, but not more than one and one-half (1 1/2)
inches. The bottom of the curb shall be lowered to maintain full curb
depth across the depression.
A.
Location.
Easements for utility and drainage installations shall be along
side and/or rear property lines where possible. These easements shall
be of sufficient width to accommodate the facilities, including access
for maintenance, but shall not be less than fifteen (15) feet in width.
Easements with subsurface conduits shall be a minimum of twenty-five
(25) feet wide.
B.
Mapped.
All easements shall be shown on the plat and site plan and shall
be clearly labeled and dimensioned as to permit accurate location
of easement limits. The purpose of the easement shall be stated on
the map.
C.
Internal Grading.
Internal grading of a lot as by swale, berm or other topographical
feature designed to intercept or direct waters shall either be designated
within an easement on the map to be filed or be dedicated by recorded
instrument in such a way as to give notice to future owners of the
property and ensure continued maintenance of the drainage feature.
No overland swales shall be permitted across adjoining properties.
D.
Conveyed by Deed.
All easements shall be conveyed by deed to the Township of East
Brunswick or the proper authority and shall be approved by the Township
Attorney and Township Engineer or designees.
E.
Staked.
The boundary line of any easement shall be monumented at its
intersection with all existing or proposed street lines.
F.
Conservation Easements.
Easements shall be dimensioned on the plat and site plan according
to the limit of the natural conditions or such other configuration
appropriate to the area being placed in the easement and the design
of the development. Maintenance of conservation easements shall be
limited to rubbish and dead trees that pose a safety problem.
A.
Requirement.
Sites shall be graded to secure proper drainage and to prevent
undesirable ponding of surface water. Grading shall be performed in
a manner which will minimize damage to, or destruction of, trees.
Topsoil shall be provided and/or redistributed on the graded surface
as cover and shall be stabilized by seeding or planting. Grading plans
shall have been submitted and approved with the subdivision plat or
site plan, and any departure from these plans must be approved by
the Approving Authority. Grading shall be designed to prevent or minimize
damage to structures or improvements when major storms exceeding the
100 year storm design of the storm drainage system occur.
B.
Drainage.
The site shall be graded to a storm drainage collector system
of interior drainage, designed in accordance with the standards for
storm drainage facilities and suitable drainage easements shall be
provided.
C.
Removal of Obstructions.
All tree stumps, masonry and other obstructions shall be removed
and recycled according to Township or County standards.
D.
Lot Grading.
The minimum slope for lawns shall be two (2) percent and for
smooth hard-finished surfaces three-quarters of one percent (.75%).
The ground immediately adjacent to the foundation shall be sloped
away from the building at a slope of not less than one unit vertical
in twelve units horizontal (1:12) for a minimum distance of eight
(8) feet.
A minimum of fifteen (15) feet behind the rear of any residential
unit shall be graded at a maximum of ten (10) percent so as to provide
a usable rear yard.
E.
Siltation prevention.
The developer shall take all necessary precautions to prevent
any siltation of streams during construction. The developer shall
provide adequate provisions in accordance with the "Standard for Soil
Erosion and Sediment Control in New Jersey" to prevent any and all
deposition of silt or other eroded material in any stream or water
course. Such provisions shall be shown on the approved plan including,
but not limited to, construction and maintenance of siltation basins
or holding ponds and diversion berms throughout the course of construction.
Guiderails, pipe railing, or other appropriate barricades, shall
be designed and placed at drainage structures, streams, embankment
limits, curves and other required locations as specified by New Jersey
Department of Transportation.
A homeowners association may be established to own and maintain
common open space and common property designed within a development.
The developer shall file a declaration of covenants and restrictions
that will govern the association, to be submitted with the application
for the preliminary approval. If established, the organization shall
incorporate the following provisions:
A.
The association shall be established before the units are sold.
B.
Memberships shall be mandatory for each buyer and any successive
buyer.
C.
Open space restrictions shall be permanent.
D.
The association shall be responsible for liability insurance, local
taxes, the maintenance of recreation detention, retention and other
facilities and any other obligations assumed by the organization.
E.
Owners shall pay their pro rata share of the cost; the assessment
levied by the association can become a lien on the property if allowed
in the master deed establishing the association.
F.
The association shall be able to adjust the assessment to meet changed
needs.
G.
The association 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.
[Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No. 96-6; 5-24-10 by Ord. No. 10-14]
A.
Landscape Plan Required.
Site plan and subdivision applications shall include a separate,
detailed plan, drawn to a scale of no less than one (1) inch equals
fifty (50) feet, of all proposed landscaping, buffering, screening
and existing trees to remain and be removed and all of the following
items:
1.
Plant listing, including:
a.
All plant material to be used shall be keyed to plan(s) and defined
by botanical and common name.
b.
Quantity to be used.
c.
Size of material to be planted.
d.
Ultimate sizes of each plant and time to reach maturity.
e.
Characteristics, i.e., fall color, flowering, ornamental factors.
f.
Plant delivery method, i.e., container, balled and burlapped.
[Amended 5-10-93 by Ord. No. 93-22]
2.
Information required for design must include:
a.
Location, species and size i.e., caliper, of all existing plant material
to remain on site.
b.
Indication of screening and buffer plantings required by ordinance.
c.
Location and spacing of each plant to be planted, shown to scale.
d.
Methods to be used in welling, staking and guying, mulching and wrapping
according to township standards.
e.
Ground covers to be used in design, which may be indicated as a mass
planting, but spacing must be defined in plant list.
f.
A means of screening utility boxes using evergreen plant material
where they appear at ground level.
g.
Existing and proposed contours.
h.
Plants and sizes of plants scheduled for removal.
3.
Name, signature, seal and address of person, firm or organization
preparing landscape plans.
[Amended 5-10-93 by Ord. No. 93-22]
4.
Placement and size of street trees shall be indicated along all thoroughfares
in accordance with township standard specifications. A listing of
acceptable street trees is on file with the Department of Planning
and Engineering.
[Amended 5-10-93 by Ord. No. 93-22]
5.
Soil type and condition.
6.
Description of physical site conditions of consequence, i.e., exposure,
ground water level, urban vs. rural.
B.
Protection of existing vegetation.
[Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No. 96-6; 5-24-10 by Ord. No. 10-14]
1.
A four (4') foot high protective barrier shall be installed at the
drip line of each plant, group of plants or area of vegetation that
is to remain on the site and maintained throughout the duration of
construction.
[Amended 5-10-93 by Ord. No. 93-22; 5-24-10 by Ord. No. 10-11]
2.
Barriers shall not be supported by the vegetation they are protecting
but shall be self-supporting.
[Amended 5-24-10 by Ord. No. 10-11]
3.
Trees designated to remain on the construction site are to be indicated
on the site plan or subdivision plan as a clearing limit area beyond
which no disturbance shall occur. The barrier shall be installed before
a tree removal permit will be granted and/or before any excavation
or construction is begun.
[Amended 5-10-93 by Ord. No. 93-22]
4.
No soil, soil stockpiling, storage of building materials or equipment
operation shall be permitted within the drip line or within eight
(8) feet, whichever is greater, of any existing tree trunk.
[Added 3-11-96 by Ord. No. 96-6; amended 5-24-10 by Ord. No. 10-14]
5.
Any clearing within the drip line or within eight (8') feet of any
vegetation to remain must be done by hand or with hand operated equipment.
[Added 5-24-10 by Ord. No. 10-14]
C.
Grading of land near trees. The grade of land located along the drip
line shall not be raised or lowered more than six (6) inches unless
compensated for by welling or retaining wall methods and in no event
be less than eight (8) feet from the trunk.
[Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No. 96-6]
1.
Tree wells.
For existing trees the well shall be the size of the drip line
of the tree. Wells are to be constructed of suitable material subject
to the Township Engineer's approval. Any well wall four feet (4')
or greater in diameter shall be designed by a licensed engineer with
calculations provided. Tree well details are to be field inspected
to determine specifications on a case by case application. In no event
shall a well be constructed arbitrarily without consent from the Department
of Planning and Engineering.
2.
Retaining walls.
Retaining walls are to be constructed around each tree or group
of trees immediately after grade is lowered. This retaining wall is
to be constructed of a suitable material deemed appropriate by the
Township Engineer. Design calculations which have been signed and
sealed by a professional engineer shall be submitted to the Township
Engineer for review and approval. The walls shall be located after
a field inspection to determine the location of the wall to insure
maximum survivability.
3.
Clearing near tree trunks.
Any clearing within the drip line of a tree must be done by
hand. No equipment is to be driven over this area, and no building
materials are to be stacked against the trees or within the area of
the barrier.
4.
Trees are not to be used as supports or for stockpiling.
No tree is to support any scaffolding, signs, temporary utilities
or any other device. Topsoil is to be stockpiled in an area outside
of the drip line from any tree designated to remain.
D.
Specifications for new plantings of trees and shrubs.
[Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No. 96-6]
1.
Only nursery-grown plant materials will be acceptable and shall conform
with the standards of the American Association of Nurserymen.
2.
Prior to the installation of all plant material, the results of physical
and chemical tests of the subsoil and topsoil shall be submitted to
the Director of Planning and Engineering to assess soil composition
and if the pH is acceptable for proposed planting.
3.
Trees and shrubs shall be planted only when the soil is frost-free
and friable.
4.
All material shall be guaranteed for one year from date of planting.
5.
The use of and planting of bare root material shall be prohibited.
[Added 5-10-93 by Ord. No. 93-22]
6.
All material shall be planted so that the top of the root ball is
no higher or lower than the existing/finished grade dependent upon
soil conditions.
[Added 5-10-93 by Ord. No. 93-22; amended 3-11-96 by Ord. No. 96-6]
7.
Minimum size of material at time of planting shall be 2-1/2 inches
in caliper for shade trees, 5-6 feet in height for evergreens and
ornamentals, and 18-24 inches in height or spread for most shrubs.
[Added 3-11-96 by Ord. No. 96-6]
8.
Upon establishment of plant material at a site (approx. 1 growing
season) all stakes, guying, tree wrapping, and saucers shall be removed.
[Added 3-11-96 by Ord. No. 96-6]
9.
The use of nylon twine on the root balls of proposed plant material
is prohibited. All burlap shall be pulled back 1/3 at time of planting.
[Added 3-11-96 by Ord. No. 96-6]
E.
Specifications for ground covers and mulch.
[Amended 3-11-96 by Ord. No. 96-6]
1.
All planting beds must be mulched. The type to be used shall be noted
on the site plan. Minimum required depth of placement is three (3)
inches but shall not exceed four (4) inches. A NJDEP approved chemical
preemergence selective herbicide and/or a permeable landscape fabric
shall be used to reduce weed growth. The chemical to be used shall
be specified on the site plan and used according to directions.
2.
Ground covers are required in place of grass in small and restricted
areas, such as tree and shrub beds and planters. Suitability of material
is subject to the approval of the Planning and Engineering staff.
F.
Design specifications.
[Amended 3-11-96 by Ord. No. 96-6]
1.
Planting Strips.
Planting strips shall be provided between adjoining parking
lots providing control of vehicular movement from one parking lot
to the other.
2.
Parking lot island specifications.
a.
Where parking islands are to be planted, they shall be of a minimum
width of six (6) feet from interior edge of curb to curb.
b.
Parking islands are permitted in any parking lot but shall be required
in all parking lots providing for more than thirty (30) parking spaces.
Planted islands shall be provided within parking areas at a ratio
of one (1) island per thirty (30) parking stalls.
[Amended 3-11-96 by Ord. No. 96-6]
c.
All single-parking curbed island planters must be a minimum of six
feet by twenty feet and double-parking curbed island planters a minimum
of six feet by forty feet. The minimum depth of acceptable backfill
in such planters must be two (2) feet for shrubs and four (4) feet
for trees, unless poor drainage conditions exist which would require
modifications.
G.
Planting Procedures.
[Amended 5-10-93 by Ord. No. 93-22]
2.
Staking. Trees shall be staked in the following manner:
[Amended 5-10-93 by Ord. No. 93-22]
a.
Three (3) stakes shall be driven a minimum of two (2) feet into undisturbed
soil outside the planting hole.
[Amended 5-10-93 by Ord. No. 93-22]
b.
Stakes when driven shall be one-half to two-thirds (1/2 to 2/3) the
height of the tree measured from ground level.
c.
Stakes shall be two (2) inches in diameter, minimum, at the narrowest
end.
d.
Stakes shall be placed in line with prevailing winds.
e.
Stakes shall be attached to the tree with twelve-gauge galvanized
wire with visible safety flagging covered with rubber or plastic hose
where wire is likely to come in contact with the tree trunk. An alternate
may be any of the commercially available materials designed for staking
trees upon approval of the Township. The loop in contact with the
tree shall be loose enough to permit growth and prevent grinding and
girdling for two (2) years but shall be tightly bound to the stake
to prevent slipping.
3.
Wrapping.
Each tree shall be wrapped with an expandable paper or cloth
treated to last at least one (1) year.
4.
Saucer.
A ring of packed soil shall be placed around the finished planting
hole of each tree.
a.
The saucer shall be a minimum of six (6) inches higher than the finished
grade.
b.
Saucers placed on slopes shall be level at the top end and perpendicular
to the tree trunk.
c.
Saucers are to be designed to catch and hold the maximum amount of
water, either from natural precipitation or irrigation.
5.
Mulching.
a.
A three-inch minimum to four-inch maximum layer of mulch shall be
applied around each individual or group of trees and shrubs.
b.
A "mulch" shall be considered a shredded organic material that is
not readily subject to movement by wind or water.
c.
Untreated new wood chips are not acceptable because of the bacteria
drawing available nitrogen from the soil, thus preventing its use
by the plants it is intended to protect. The use of marble chips is
specifically prohibited.
6.
Edging.
A physical edging of steel or other durable material with the
minimum dimensions of four (4) inches by one-eighth (1/8) inch shall
be installed flush with the grade where planting areas abut turf areas.
This is to perpetually delineate planting beds and reduce bed maintenance.
H.
General specifications.
1.
Only first quality nursery-grown materials that meet the standards
of the American Association of Nurserymen shall be acceptable.
2.
In the event that the season is not appropriate, a cash escrow equal
to double the cost of completing the work to be done, plus ten percent
(10%), as estimated by township personnel, of said landscaping installation,
must be posted with the township to ensure that the installed landscaping
complies with the requirements set forth.
I.
Tree Removal.
[Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No. 96-6; 5-24-10 by Ord. No. 10-14]
1.
Permit Required.
No person shall remove or destroy or cause to be or allow to
be removed or destroyed any tree without first obtaining a tree removal
permit. Tree removal permits shall be issued by the Director of Planning
and Engineering or his/her designee. A permit is required for the
removal of all trees of six (6") inch caliper or larger.
[Amended 5-10-93 by Ord. No. 93-22; 5-24-10 by Ord. No. 10-14]
2.
Permit Application.
Applications for a permit shall be made to the Township Department
of Planning and Engineering and shall contain the following information:
a.
The name and address of the applicant.
b.
The name and address of the owner of the property from which the
tree(s) are to be removed.
c.
Location on the property of the
tree(s) to be removed, indicated on a plan. If the tree removal permit
is for a single family residence the plan shall consist of a tree
location sketch. For any other properties subject to the requirements
of this ordinance the tree location plan shall be indicated on a survey
prepared by a licensed Land Surveyor.
[Amended 3-11-96 by Ord. No. 96-6]
(1)
The plan shall indicate all tree(s) to be removed, specifically
by an assigned number, and the caliper of each tree.
[Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No. 96-6]
(2)
The plan shall indicate all tree(s) to remain, specifically
by an assigned number.
[Amended 3-11-96 by Ord. No. 96-6]
(3)
The plan shall indicate a limit of disturbance line (i.e., where
the four foot high standard wood snow fence will be erected).
[Amended 3-11-96 by Ord. No. 96-6]
(4)
For any clearing greater than two acres a representative five
(5%) percent of the wooded areas proposed to be cleared shall be inventoried.
The representative 5% shall be determined by agreement between the
Director of the Department of Planning and Engineering or his/her
designee and the applicant. Where less than two acres is proposed
to be cleared all trees to be removed shall be inventoried.
[Added 3-11-96 by Ord. No. 96-6]
(5)
All trees greater than twenty (20) inches in caliper or any
specimen trees (i.e., any unique or remarkable tree or species) to
be removed shall be indicated on the plan.
[Added 3-11-96 by Ord. No. 96-6]
d.
Any other information which may reasonably be required to enable
the application to be properly evaluated.
3.
Exemptions. The following properties and uses shall be exempt from
the requirements of obtaining a tree removal permit and the provisions
of this code:
[Added 5-24-10 by Ord. No. 10-14; amended 5-24-2021 by Ord. No. 21-12]
a.
Any property under a woodland management plan provided the woodland
management plan is on file and certified by the local tax assessor.
b.
Public entities, local utilities, local, county, state and federal
authorities maintaining property, easements or rights-of-way in the
normal course of business or as required by state and federal regulations.
c.
The removal of individual tree limbs or branches as long as the habit
and viability of the tree remains.
4.
Where an application is made in connection with the construction
of a building or other improvement, no building permit shall be issued
until the tree removal permit has been granted.
[Amended 3-11-96 by Ord. No. 96-6]
a.
Existing Residential Property. If the application is for an existing
residential dwelling or a homeowners association and discloses that
the total number of trees to be removed or destroyed on the property
or open space area in question, and those which are the subject of
the application, is ten (10) or less, the permit may be issued without
replacement trees required. Within a one year period permits may be
issued for removal of no more than ten (10) trees on the same property
without replacement trees being required. Any tree removal occurring
where a homeowners association exists must obtain approval by the
ruling body of the association prior to obtaining a tree removal permit.
[Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No. 96-6
b.
New Residential Development.
1.
If the application is for a new residential development (subdivisions),
up to fifty (50%) percent of the trees may be removed for the purpose
of clearing for the building envelope, driveways and yard space for
the building lots only without replacement trees required.
[Amended 3-11-96 by Ord. No. 96-6]
2.
For new residential development where tree removal is to occur
within public or private roadways/right-of-ways, drainage facilities,
parking areas or proposed open space all trees are subject to replacement
in accordance with this section of the ordinance.
[Added 3-11-96 by Ord. No. 96-6]
c.
Agricultural Operations. Agricultural operations are exempt from
replacement requirements providing the property in question is farmed
for a minimum of five (5) years after the date of clearing. An application
must be submitted prior to clearing. If the property is developed
for any other use before the five (5) years expires, the replacement
obligation will be enforced according to the new use of the property.
[Amended 5-10-93 by Ord. No. 93-22]
d.
Nonresidential Development.
All commercial and industrial developments are required to replace
all trees removed in accordance with this section of the ordinance.
5.
Inspection Required.
A representative of the Department of Planning and Engineering
shall inspect the trees which are the subject of the application,
the drainage, and other physical conditions existing on the property,
and on adjacent properties.
No hazardous trees shall be permitted to remain on a property
beyond completion of a project and/or the release of a performance
bond. An inspection of replacement trees and removal of potentially
hazardous, dead or dying vegetation will be required prior to the
issuance of a certificate of occupancy or release of a performance
bond.
[Amended 5-24-10 by Ord. No. 10-14]
6.
Tree Escrow Fund Established.
A Tree Escrow Fund shall be established by the Township to promote
environmental enhancement programs such as tree planting, tree preservation,
park development, landscaping and/or other related projects on or
within Municipally owned properties or facilities. A separate trust
account shall be established for this purpose. Appropriations from
the Tree Escrow Fund shall be authorized by the Mayor and Council
and shall be used for a municipal purpose through the recommendation
of the Department of Planning and Engineering.
[Added 3-11-96 by Ord. No. 96-6]
7.
Replacement Tree Value Calculations.
The replacement value of all trees to be removed where replacement
trees are required by this ordinance shall be calculated as follows:
[Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No. 96-6; 5-24-10 by Ord. No. 10-14]
a.
Dead and diseased trees are not counted as trees to be replaced.
The value of proposed shade, ornamental, evergreen and shrub material
shall be deducted from the calculated amount for replacement trees.
The value of the proposed landscape material shall be calculated based
upon average area costs for plant material.
Trees to be Removed
|
Replacement Trees
|
---|---|
Caliper
|
$/Tree
|
greater than 6"
up to 12"
|
$250.00
|
greater than 12"
up to 18"
|
$500.00
|
greater than 18"
up to 24"
|
$750.00
|
greater than 24"
|
$1,000.00
|
b.
The applicant will receive a one for one replacement tree credit
should stands of ten (10) or more trees greater than 6 inches in caliper
be preserved within tree removal areas.
[Added 3-11-96 by Ord. No. 96-6; amended 5-24-10 by Ord. No. 10-14]
c.
Should the value of the trees to
be removed be greater than the material value of the proposed landscaping
then the outstanding balance shall be provided with additional shade
tree plantings on site unless one (1) or more of the following conditions
exist
[Amended 3-11-96 by Ord. No. 96-6]:
1.
The site in question can not physically accommodate the total
replacement amount of trees. The applicant shall contribute an amount
equal to the calculated monetary value of removed trees minus the
value of the proposed landscaping to the Township Tree Escrow Fund.
[Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No. 96-6]
2.
The Department of Planning and Engineering determines that the
installation of additional multilevel plant material (i.e., canopy
trees, understory trees, shrubs, and ground covers) will increase
leaf area, and therefore be more beneficial in terms of photosynthetic
production, the total dollar amount for the replacement of the removed
trees can be applied to this method, subject to final approval by
the Township. This method of replacement is to be implemented as an
additional supplement to the landscape plan.
[Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No. 96-6]
8.
Fees.
Upon application for a tree removal permit, the applicant shall
be charged the following fees:
[Added 5-10-93 by Ord. No. 93-22; amended 5-24-10 by Ord. No. 10-14; 5-24-2021 by Ord. No.
21-12]
9.
Time Limit.
All tree removal permits shall be limited to one (1) year from
date of issuance. If the approved tree removal has not occurred within
one (1) year a new permit must be applied for and is subject to the
payment of new fees.
[Added 5-10-93 by Ord. No. 93-22]
J.
Violation.
Failure to obtain a valid tree removal permit or after proper
delineation of clearing limits and the placement of the tree protection
barrier in accordance with this Chapter any additional tree disturbance
occurs, the developer or property owner shall be required to replace
any tree removed improperly based on the following schedule
[Amended 3-11-96 by Ord. No. 96-6; 5-24-10 by Ord. No. 10-14]
1.
The developer shall provide and install in accordance with Township
standards one (1) additional 2 1/2 inch caliper/12-14 foot tall
acceptable shade tree balled and burlapped for each 1 inch diameter
of the tree unnecessarily removed.
2.
At the developer's option, a 4-6 inch caliper new shade tree may
be provided and installed at a ratio of 1 new tree per 4 inches of
diameter of the tree unnecessarily removed. All material must be guaranteed
for one year at time of planting.
K.
Penalties.
Any person violating any of the provisions of this section or failing to perform in accordance with the terms of the Planning Board/Zoning Board approval, or the terms of the tree removal permit shall be subject to the penalties provided in Chapter 1, General Provisions, Art. I, with provisions of fines of up to one thousand ($1,000) dollars per day for each offense. A violation of any of the terms of this chapter shall be abated within five (5) days after written notice has been served, either by certified mail or personal service. Each day that a violation continues thereafter shall constitute a separate offense. Violations and penalties will be enforced by the Director of the Department of Planning and Engineering or by his/her designee.
In addition to other remedies, the Building Inspector or other
proper municipal official may institute any appropriate legal action
to prevent a continuing violation of the terms of this chapter.
[Amended 11-24-2014 by Ord. No. 14-13]
A.
Required.
Lighting shall be located along streets, access drives, parking
areas, sidewalks, pedestrian paths, at intersections, and where various
types of circulation systems merge, intersect or split. Pathways,
sidewalks, and trails shall be lit. Stairways, walkways and sloping
or rising paths require illumination, as do building entrances and
exits.
B.
Style.
The style of light fixture and appurtenance shall be consistent
with the style and type of the architecture of the buildings. LED
or other energy efficient lighting shall be used when feasible.
C.
Height.
Mounting height shall not exceed the height of the building
or twenty-five (25) feet, whichever is less.
D.
Standards.
Distribution of lighting shall be even throughout the site.
All lighting shall be designed to provide a minimum of 0.50 footcandles
and an average of 0.75 footcandles throughout all vehicular and pedestrian
areas. Spillage of light from a property may be no greater than 0.1
footcandles. All lighting must be directed into the site. All lighting
shall be provided by stanchion mounted fixtures or bollards and serviced
underground. Building mounted fixtures, where the light source is
visible, are prohibited.
E.
Manufacturer's Specifications.
The manufacturer and manufacturer's number of all proposed fixtures
must be shown on the plans.
F.
Detail Required.
A detail of the proposed light fixture and pole shall be incorporated
on the plan.
G.
Isofootcandles Plotted.
A point by point lighting analysis with a maximum grid of ten
(10') foot by ten (10') foot shall be provided on a lighting plan
indicating footcandle levels of existing and proposed lighting.
A.
Required.
Truck loading and unloading areas shall be provided in sufficient
amount to permit the transfer of goods and products in other than
a public street or public parking area and shall be adequately screened
from the view of adjoining properties or streets.
B.
Exclusive of Off-Street Parking.
Loading spaces shall be provided as an addition to off-street
parking spaces and shall not be considered as off-street parking spaces.
C.
Size.
Loading spaces shall be at least 15 feet wide and 60 feet in
length.
Monuments shall be of the size and shape required by N.J.R.S.
46:23-9.11 and shall be placed in accordance with the statute. In
addition, all additional property corners shall be set with iron pins.
Deed Restrictions.
Any lands dedicated for open space purposes shall contain appropriate
covenants and deed restrictions approved by the Board attorney that
ensure that:
1.
The open space area will not be further subdivided in the future.
2.
The use of the open space will continue in perpetuity for the purpose
specified.
3.
Appropriate provisions are made for the maintenance of the open space.
4.
Common open space shall not be turned into a commercial enterprise
admitting the general public at a fee.
[Amended 6-10-92 by Ord. No. 92-20; 8-25-97 by Ord. No. 97-25; 11-24-14 by Ord. No. 14-13]
For residential development these standards are superseded by
Residential Site Improvement Standards (N.J.A.C., Title 5, Chapter
21).
A.
Angle of Stalls.
The angle of stalls shall be in accordance with the requirements
specified below. The preferred angle of stall is ninety degrees.
B.
Size of Stalls.
Each off-street parking space shall be nine feet wide by eighteen
(9 x 18) feet in length. Each parallel parking space must be a minimum
of 8 feet wide by twenty two (8' x 22') feet in length.
C.
Aisle Width.
The width of all aisles providing direct access to individual
parking stalls shall be in accordance with the requirements specified
below.
Parking Angle
(degrees)
|
Aisle Width
(feet)
|
---|---|
45
|
18
|
60
|
18
|
75
|
22
|
90
|
24
|
D.
Driveway Width.
The driveway to a parking lot access aisle shall be a minimum
width of eighteen (18) feet for a one way aisle, and twenty-four (24)
feet for a two way aisle.
E.
Curbing.
The perimeter of all parking areas and internal islands shall
have continuous concrete curbing with a six inch face or an alternative
approved by the Township Engineer. Concrete wheel stops are prohibited.
The curb returns for all parking areas shall have a minimum of five
(5) foot radius.
F.
Striping.
All parking spaces shall be marked with four-inch white lines
painted in a hairpin design. The hairpin shall have a minimum width
of 12 inches from the center line of each stripe, and the parking
space shall have a minimum width of nine feet between the center line
of adjoining hairpins.
[Amended 7-12-2021 by Ord. No. 21-18]
G.
Back-up Areas.
Back up areas with a minimum depth of five feet shall be provided
in all parking lots where there are dead-end aisles.
H.
Overhang.
Where sidewalks occur in parking areas, an additional two feet
of sidewalk shall be provided in order to accommodate parked vehicles
overhanging or extending over the sidewalk.
I.
Barrier Free Parking Spaces.
[Amended 6-10-92 by Ord. No. 92-20]
1.
Size.
Such spaces shall be in accordance with the Americans with Disabilities
Act. (See standard detail on file in the Department of Planning and
Engineering.)
2.
Access.
Access shall be provided in accordance with the Americans with
Disabilities Act. Curb ramps shall be provided between the parking
area and adjoining sidewalks.
3.
Markings.
Each space shall be identified with a clearly visible sign displaying
the international symbol of access and the following wording: "These
spaces reserved for physically handicapped drivers." In addition penalty
plates are required.
J.
Pavement Specifications.
Pavement for parking lots shall have a minimum of four (4) inches
bituminous stabilized base and two (2) inches bituminous surface course
of material in conformance with N.J.D.O.T. Standard Specification
for Road and Bridge Constructions in effect at the time of construction
placed upon a subbase approved by the Township Engineer.
For industrial sites and areas subject to truck traffic the
pavement shall have a minimum of five (5) inches bituminous stabilized
base and two (2) inches bituminous surface course of material in conformance
with N.J.D.O.T. Standard Specification for Road and Bridge Constructions
in effect at the time of construction placed upon a subbase approved
by the Township Engineer.
[Amended 8-25-97 by Ord. No. 97-25]
For residential development these standards are superseded by
Residential Site Improvement Standards (N.J.A.C., Title 5, Chapter
21).
A.
Required.
All public services shall be connected to approved public utility
systems where they exist.
B.
Underground Installation.
The developer shall arrange with the servicing utility for the
underground installation of the utility's distribution supply lines
and service connections. The connections shall be in accordance with
the provisions of the applicable standard terms and conditions incorporated
as a part of its tariff as the same are then on file with the State
of New Jersey Board of Public Utility Commissioners.
C.
Written Instrument Required, existing overhead lines.
The developer shall submit to the approving authority, prior
to the granting of approval, a written instrument from each serving
utility which shall evidence full compliance with the provisions of
this section; provided, however, 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 from those overhead lines, but
the service connections from the utilities' overhead lines shall be
installed underground. In the case of existing overhead utilities,
should a road widening or an extension of service or other such condition
occur as a result of the development, any replacement, relocation
or extension of existing overhead lines shall be underground.
D.
Screening.
Where natural foliage is not sufficient to provide year-round
screening of any utility apparatus appearing above the surface of
the ground, other than utility poles, the applicant shall provide
sufficient fencing and/or live screening to conceal such apparatus
year-round.
E.
Exemption.
Any installation under this section to be performed by a servicing
utility shall be exempt from the requirement of performance guaranties,
but shall be subject to inspection and certification.
Retaining walls installed in slope control areas shall be constructed
of reinforced concrete or other reinforced masonry or of other construction
acceptable to the Township Engineer and adequately designed and detailed
on the plans to carry all earth pressure, including any expected surcharges.
Timber retaining structures will not be permitted within the right-of-way
of public roads. All proposed retaining walls over four (4) feet in
height shall require calculations to support the design of such walls
prepared and certified by a Professional Engineer. All such calculations
shall be submitted to the Township Engineer.
A.
Required.
When the effective operation of a building or structure, or
equipment within a building or structure, necessitates placing machinery,
motors, generators or similar devices for cooling, heating or generating
purposes, outside of or on top of any structure, they shall be screened
from public view. Screening shall be at least as high as the object
being screened. Screening may consist of the following:
1.
Densely planted evergreen shrubs, or approved equal.
2.
A solid and uniform fence on all sides of said equipment with suitable
landscaping to accent the structure.
3.
A masonry wall on four (4) sides of said equipment with suitable
landscaping to accent the structure.
4.
Extensions of parapet walls or mansard roof lines or structural or
ornamental screens or baffles, or
5.
Any similar type of solid or uniform screening, which will prevent
exposure of such equipment to public view.
B.
Maintenance Opening.
The above requirements shall not be construed to prevent an
opening in any required screening for maintenance purposes. However,
any such opening shall be made as inconspicuous as is possible so
as not to present any unsightly display of said equipment to public
view.
[Amended 8-25-97 by Ord. No. 97-25; 9-27-10 by Ord. No. 10-22]
For residential development these standards are superseded by
Residential Site Improvement Standards (N.J.A.C., Title 5, Chapter
21).
A.
Sanitary sewers shall not be required in that portion of the municipality
known as the Septic System Management Area.
B.
In all areas of the municipality other than the Septic System Management
Area, sanitary sewers shall be installed and shall be connected to
an existing municipal sewage system. All sewers shall be designed
to handle all present and probable future development in the area,
and the plans and specifications shall be approved by the East Brunswick
Sewer Utility prior to the issuance of any building permits. No sewage
disposal system, other than the municipal system referred to herein,
shall be permitted.
[Amended 9-27-10 by Ord. No. 10-22]
[Amended 5-10-93 by Ord. No. 93-22]
A.
Required.
Shade trees shall be planted and maintained by the developer.
The number, type and location of shade trees shall be determined by
the township. A listing of acceptable shade/street trees is on file
with the Department of Planning and Engineering. Prior to any planting
a test pit shall be dug to determine the perc rate and soil conditions.
[Amended 5-10-93 by Ord. No. 93-22]
B.
Location.
Street trees shall be installed on both sides of all streets
in accordance with the approved landscape plan. Trees shall either
be massed at critical points or spaced evenly along the street, or
both as approved by the approving authority. No tree shall be planted
within 72" of the curb or sidewalk and unless authorized shall not
be planted in the Township R.O.W.
C.
Spacing.
When trees are planted at predetermined intervals along streets,
spacing shall depend on tree size as follows:
Tree Size
(height in feet)
|
Planting Interval
(in feet)
|
---|---|
Large trees (40+)
|
50
|
Medium-sized trees (30-40)
|
40
|
Small trees (to 30)
|
30
|
When the spacing interval exceeds 40 feet, small ornamental
trees can be spaced between the larger trees. If a street canopy effect
is desired, trees may be planted closer together, following the recommendations
of the Township Landscape Architect. The trees shall be planted so
as not to interfere with utilities, roadways, sidewalks, sight easements,
or street lights.
D.
Planting Specifications.
All trees shall be placed in a proper manner and in a good grade
of backfill, according to accepted horticultural standards.
All shade trees shall be watered weekly through the first growing
season. The developer shall construct a six (6) inch deep earth saucer
around each tree to hold water and fill with a suitable mulch. Trees
shall be nursery grown, insect and disease free, balled and biodegradable
burlap, pruned and shaped, of the required height and planted according
to acceptable horticultural standards. Shade trees shall be of substantially
uniform size and shape and shall have straight trunks. Ornamental
trees need not have straight trunks only at the direction of the Township
Landscape Architect. All trees shall be planted according to nursery
standards.
A hole in which a tree is to be planted shall be in each case,
a minimum of one-third (1/3) larger in width and in depth than the
existing root ball of the particular tree to be planted. The hole
for a tree to be planted shall contain proper amounts of topsoil and
peat moss. When determined by the Department of Planning and Engineering
that a soil test indicates special needs the planting requirements
will be modified as a condition of board approval.
E.
Planting Procedure.
The following tree planting procedure shall be followed:
1.
Excavations shall not be less than thirty (30) inches deep and thirty
(30) inches in diameter. A suitable area shall be provided by loosening
the soil to a depth of 12" below the excavation. Planting soil shall
be typically composed of a thorough mixture of one part peat, one
part humus, one part of parent soil, all mixed thoroughly (unless
soil tests indicate special requirements to be determined by Planning
and Engineering staff).
2.
Each tree shall be given a minimum of twenty (20) gallons of water
at the time of planting.
3.
Trees shall be staked with three (3) stakes driven a minimum of two
(2) feet into undisturbed soil outside the planting hole. Stakes when
driven shall be one-half to two-thirds (1/2 to 2/3) the height of
the tree measured from ground level. Stakes shall be two (2) inches
in diameter, minimum, at the narrowest end. Stakes shall be placed
in line with prevailing winds. Stakes shall be attached to the tree
with twelve-gauge galvanized wire covered with rubber or plastic hose
where wire is likely to come in contact with the tree trunk. An alternate
may be any of the commercially available materials designed for staking
trees upon approval of the Township. The loop in contact with the
tree shall be loose enough to permit growth and prevent grinding and
girdling for two (2) years but shall be tightly bound to the stake
to prevent slipping.
[Amended 5-10-93 by Ord. No. 93-22]
4.
Upon completion, removal of all planting debris is required. The
area must be left in a neat and orderly condition in accordance with
good and acceptable planting practices.
5.
Notice shall be given to the Township Landscape Architect or designee
three days prior to the start of planting so the stock may be inspected
for variety, condition, size and quality.
[Amended 8-25-97 by Ord. No. 97-25]
For residential development these standards are superseded by
Residential Site Improvement Standards (N.J.A.C., Title 5, Chapter
21).
A.
Required.
Sidewalks and curbs shall be constructed and installed on both
sides of each street in accordance with specifications promulgated
by the Department of Planning and Engineering.
B.
Barrier Free Access.
At such points of intersection between sidewalks and streets
as the Township Engineer shall decide, the sidewalk shall be constructed
so as to slope gradually, to street level, at a gradient of not more
than one (1) foot in twelve (12) feet, wherever possible, so as to
provide ramp access for handicapped persons between the sidewalk and
the street. The curb depression shall be a minimum width of three
(3) feet. Construction shall be in accordance with standards prescribed
by the New Jersey Department of Transportation.
C.
Width.
Sidewalks shall be at least four (4) feet wide. When the Approving
Authority determines that a sidewalk may be subject to unusually heavy
pedestrian traffic or intended equally for bicycles it may require
that its width be increased to either six (6) or eight (8) feet. In
parking areas where sidewalks about the curb and cars overhang the
sidewalk area, the sidewalk shall be widened by two (2) feet.
D.
Materials.
Sidewalks shall be constructed of concrete or brick material,
as determined by the approving authority.
E.
Concrete Specifications.
Materials shall conform to the N.J.D.O.T. Standard Specifications
for Road and Bridge Construction in effect at the time of construction.
F.
Other Materials.
Other material specifications shall be approved by the Township
Engineer.
G.
Subgrade.
The sidewalk subgrade shall be a six inch thick granular soil
material approved by the Township Engineer and compacted prior to
the placement of any sidewalk as directed by the Township Engineer.
H.
Sidewalk Location.
In residential developments, sidewalks shall be placed in the
right-of-way, parallel to the street, unless an exception has been
permitted to preserve topographical or natural features, or to provide
visual interest, or unless the applicant shows that an alternative
pedestrian system provides safe and convenient circulation.
In planned developments and cluster developments, sidewalks
may be located away from the road system to link dwelling units with
other dwelling units, the street, and on-site activity centers such
as parking areas and recreational areas. They may also be required
parallel to the street for safety and other reasons.
I.
Pedestrian Easements.
Pedestrian way easements ten (10) feet wide may be required
by the Approving Authority through the center of blocks to provide
circulation or access to schools, playgrounds, shopping, or other
community facilities.
[Amended 8-25-97 by Ord. No. 97-25]
For residential development these standards are superseded by
Residential Site Improvement Standards (N.J.A.C., Title 5, Chapter
21).
A.
Required.
Sight easements shall be provided at each quadrant of an intersection
of streets or streets and driveways and shall be shown on the plan.
Any development requiring site plan or subdivision approval shall
provide adequate sight easements at each driveway with the driveway
classified as a local street for purposes of establishing distances.
B.
Dedicated; easement.
The area within sight easement shall be kept as part of the
lot and identified as a sight easement. The wording of the sight easement
shall be subject to the review and approval of the Board Attorney.
C.
Clearance.
No grading, planting or structure shall be erected or maintained
higher than thirty (30) inches above the center-line grade of the
intersecting street or driveway or lower than ten (10) feet above
their center lines, excluding street name signs and official traffic
regulation signs. Where any intersection involves earth banks or vegetation,
including trees, the developer shall trim or selectively thin trees
and grade to provide adequate sight distance. Within these sight easements,
plantings should be restricted to low spreading varieties of plants
and shrubs.
D.
Area.
The sight easement is that area bounded by the intersecting
street center lines and a straight line which connects sight points
located on each of the two (2) intersecting street center lines. The
sight easement distances shall be in accordance with A Policy on Geometric
Design of Highways and Streets 1984 by American Association of State
Highway and Transportation Officials.
E.
Lot Area.
Portions of a lot set aside for the sight easement may be calculated
in determining the lot area and may be included in establishing the
minimum setbacks required by the zoning provisions.
All applications shall comply with the standards for Soil Erosion
& Sediment Control in New Jersey by the New Jersey State Soil
Conservation Committee. All plans 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 public health, safety,
convenience and general welfare of the community. If no board approval
or Freehold Soil Conservation Service approval is required the applicant
shall submit a plan conforming to all aspects of this section.
A.
General Design Principles.
1.
Control measures shall apply to all aspects of the proposed land
disturbances and shall be in operation during all stages of the disturbance
activity. The following principles shall apply to the soil erosion
and sediment control plan:
a.
Stripping of vegetation, grading or other soil disturbance shall
be done in a manner which will minimize soil erosion.
b.
Whenever feasible, natural vegetation shall be retained and protected.
c.
The extent of the disturbed area and the duration of its exposure
shall be kept within practical limits.
d.
Either temporary seeding, mulching or other suitable stabilization
measures shall be used to protect exposed critical areas during construction
or other land disturbances.
e.
Drainage provisions shall accommodate increased runoff resulting
from modified soil and surface conditions during and after development
or land disturbance.
f.
Water runoff shall be minimized and retained on site wherever possible
to facilitate groundwater recharge.
g.
Sediment shall be retained on site.
h.
Diversions, sediment basins and similar required structures shall
be installed prior to any on-site grading or land disturbance.
2.
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. Grading shall be limited to areas shown on an
approved site plan or subdivision. Any topsoil disturbed during approved
excavation and grading operations shall be redistributed throughout
the site.
3.
Excavation of soil other than as required for the construction of
approved structures and supporting facilities, such as but not limited
to streets, driveways and parking areas, shall be prohibited. Regrading
of property so as to redistribute topsoil throughout the site from
areas excavated shall be done to minimize or eliminate the erosion
of soil.
B.
Maintenance.
All erosion and sediment control measures installed shall be
maintained for one (1) year after completion of the improvements or
until such measures are permanently stabilized as determined by the
Township Engineer, whichever is longer.
[Amended 12-13-93 by Ord. No. 93-74]
A.
Required.
Solid wastes and recyclables, if stored outdoors, shall be placed
in metal receptacles within a screened refuse area in accordance with
the standard details on file in the Department of Planning and Engineering
and subject to the following minimum standards:
1.
The screened refuse area shall not be located within any front yard
area.
2.
The refuse storage area shall be surrounded on all sides. All commercial
and industrial refuse storage area facilities shall be constructed
of masonry material. All refuse storage areas shall contain swinging
cedar gates and address the need for storage of recyclables. The height
of the storage receptacle and stored refuse shall not exceed the height
of the refuse storage area.
3.
A five (5) foot minimum width landscaping area shall be provided
along the fence or wall enclosing the refuse storage area. The landscaping
to be provided shall be shown on the site plan submitted for approval.
The planting shall be placed so at maturity the plants do not encroach
upon the refuse container, nor result in an opening less than ten
(10) feet for vehicle access.
4.
The opening in the enclosed refuse area should be located to minimize
the view of refuse from adjoining properties or public streets.
5.
If located within or adjacent to a parking area or access drive,
the enclosed refuse area shall be separated from such parking areas
or access drive by curbing.
6.
The enclosed refuse area shall not be located so as to interfere
with traffic circulation or the parking of vehicles.
7.
All refuse and recyclables shall be deposited in containers maintained
within the refuse area. No containers shall be maintained anywhere
on a site except in a refuse area meeting these requirements.
8.
If outdoor storage of solid waste and recyclables is not proposed,
the site plan submission shall detail the methods proposed for accommodating
solid waste within the structure. The Approving Authority may require
that a suitable area be set aside, but not improved, for a future
solid waste storage area meeting these requirements even if indoor
accommodations for solid waste are proposed.
B.
Multifamily Housing Developments.
[Added 12-13-93 by Ord. No. 93-74]
1.
In any new multifamily housing development an indoor or outdoor recycling
area for the collection and storage of residentially-generated recyclable
materials shall be provided. The dimensions of the recycling area
shall be sufficient to accommodate recycling bins or containers which
are of adequate size and number, and which are consistent with anticipated
usage and with current methods of collection in the area in which
the project is located. The dimensions of the recycling area and the
bins or containers shall be determined in consultation with the municipal
recycling coordinator, and shall be consistent with the district recycling
plan adopted pursuant to section 3 of P.L. 1987, c. 102 (N.J.S.A.
13:1E-99.13) and any applicable requirements of the municipal master
plan, adopted pursuant to section 26 of P.L. 1987, c. 102.
2.
The recycling area shall be conveniently located for the residential
disposition of source separated recyclable materials, preferably near,
but clearly separated from, a refuse dumpster.
3.
The recycling area shall be well lit, and shall be safely and easily
accessible by recycling personnel and vehicles. Collection vehicles
shall be able to access the recycling area without interference from
parked cars or other obstacles. Reasonable measures shall be taken
to protect the recycling area, and the bins or containers placed therein,
against theft of recyclable materials, bins or containers.
4.
The recycling area or the bins or containers placed therein shall
be designed so as to provide protection against adverse environmental
conditions which might render the collected materials unmarketable.
Any bins or containers which are used for the collection of recyclable
paper or cardboard, and which are located in an outdoor recyclable
area, shall be equipped with a lid, or otherwise covered, so as to
keep the paper or cardboard dry.
5.
Signs clearly identifying the recycling area and the materials accepted
therein shall be posted adjacent to all points of access to the recycling
area. Individual bins or containers shall be equipped with signs indicating
the materials to be placed therein.
6.
Screening shall be provided in accordance with 192-52A above around
any outdoor recycling area.
[Amended 8-25-97 by Ord. No. 97-25; 2-27-06 by Ord. No. 06-05; 7-20-09 by Ord. No. 09-16; 7-20-09 by Ord. No. 09-16; 4-12-2021 by Ord. No. 21-09]
A.
Scope and purpose.
1.
Policy statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure best management practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low-impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
2.
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection B.
3.
4.
Compatibility with other permit and ordinance requirements.
a.
Development approvals issued pursuant to this section are to be considered
an integral part of development approvals and do not relieve the applicant
of the responsibility to secure required permits or approvals for
activities regulated by any other applicable code, rule, act, or ordinance.
In their interpretation and application, the provisions of this section
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare.
b.
This section is not intended to interfere with, abrogate, or annul
any other ordinances, rule or regulation, statute, or other provision
of law except that, where any provision of this section imposes restrictions
different from those imposed by any other ordinance, rule or regulation,
or other provision of law, the more restrictive provisions or higher
standards shall control.
B.
CAFRA CENTERS, CORES OR NODES
CAFRA PLANNING MAP
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
DISTURBANCE
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOODS
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
1.
a.
b.
c.
d.
2.
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
1.
2.
3.
4.
REGULATED MOTOR VEHICLE SURFACE
1.
2.
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
TIDAL FLOOD HAZARD AREA
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONES
URBAN REDEVELOPMENT AREA
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions applicable to the stormwater control ordinance. 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 Stormwater Management Rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
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).
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 section.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the Middlesex County Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. In the case of development of agricultural land,
"development" means any activity that requires a state permit, any
activity reviewed by the County Agricultural Board (CAB) and the State
Agricultural Development Committee (SADC), and municipal review of
any activity not exempted by the Right to Farm Act, N.J.S.A 4:1C-1
et seq.
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. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame
Species Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual development, as well as multiple developments,
that individually or collectively result in:
The disturbance of 1/4 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 Subsections 1b and c above that totals an area
of 1/4 acre or more. The same surface shall not be counted twice when
determining if the combination area equals 1/4 acre or more.
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of Subsection 1a, b, c or d above. Projects undertaken by any government
agency that otherwise meet the definition of "major development" but
which do not require approval under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., are also considered major development.
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.
East Brunswick Township.
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 section. 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 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 Subsection D6 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 section.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. §§ 2011 et seq.)], thermal waste,
wrecked or discarded equipment, rock, sand, cellar dirt, industrial,
municipal, agricultural, and construction waste or runoff, or other
residue discharged directly or indirectly to the land, groundwaters
or surface waters of the state, or to a domestic treatment works.
"Pollutant" includes both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
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.
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.
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.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of
these goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A 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.
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 ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation."
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 J.
2.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 13:1B-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 D16 to 18.
a.
The construction of an underground utility line provided that the
disturbed areas are revegetated upon completion;
b.
The construction of an aboveground utility line provided that the
existing conditions are maintained to the maximum extent practicable;
and
c.
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
4.
A waiver from strict compliance from the green infrastructure, groundwater
recharge, stormwater runoff quality, and stormwater runoff quantity
requirements of Subsection D15 to 18 may be obtained for the enlargement
of an existing public roadway or railroad; or the construction or
enlargement of a public pedestrian access, provided that the following
conditions are met:
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 Subsection D15 to 18 to the maximum
extent practicable;
c.
The applicant demonstrates that, in order to meet the requirements
of Subsection D15 to 18, 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 D4c above within the upstream drainage
area of the receiving stream, that would provide additional opportunities
to mitigate the requirements of Subsection D15 to 18 that were not
achievable on site.
5.
Tables 1 through 3 below summarize the ability of stormwater best
management practices identified and described in the New Jersey Stormwater
Best Management Practices Manual to satisfy the green infrastructure,
groundwater recharge, stormwater runoff quality and stormwater runoff
quantity standards specified in Subsection D15 to 18. When designed
in accordance with the most current version of the New Jersey Stormwater
Best Management Practices Manual, the stormwater management measures
found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below
in Tables 1, 2 and 3 are presumed to be capable of providing stormwater
controls for the design and performance standards as outlined in the
tables below. Upon amendments of the New Jersey Stormwater Best Management
Practices to reflect additions or deletions of BMPs meeting these
standards, or changes in the presumed performance of BMPs designed
in accordance with the New Jersey Stormwater BMP Manual, the Department
shall publish in the New Jersey Registers a notice of administrative
change revising the applicable table. The most current version of
the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
6.
Where the BMP tables in the New Jersey Stormwater Management Rules
are different due to updates or amendments with the tables in this
section, the BMP Tables in the Stormwater Management Rules at N.J.A.C.
7:8-5.2(f) shall take precedence.
Table 1
| ||||
---|---|---|---|---|
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Cistern
|
0
|
Yes
|
No
|
—
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
Green roof
|
0
|
Yes
|
No
|
—
|
Manufactured treatment device(a)(g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
Vegetative filter strip
|
60 to 80
|
No
|
No
|
—
|
(Notes corresponding to annotations (a) through (g) are found on the bottom of
Table 3.)
|
Table 2
| ||||
---|---|---|---|---|
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
Standard constructed wetland
|
90
|
Yes
|
No
|
N/A
|
Wet pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
(Notes corresponding to annotations (b) through (d) are found on the bottom of
Table 3.)
|
Table 3
| ||||
---|---|---|---|---|
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
Extended detention basin
|
40 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 D15b.
|
(b)
|
Designed to infiltrate into the subsoil.
|
(c)
|
Designed with underdrains:
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation.
|
(e)
|
Designed with a slope of less than 2%.
|
(f)
|
Designed with a slope of equal to or greater than 2%.
|
(g)
|
Manufactured treatment devices that meet the definition of "green infrastructure" at Subsection B.
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B.
|
7.
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection F2. Alternative stormwater management measures may be used to satisfy the requirements at Subsection D15 only if the measures meet the definition of "green infrastructure" at Subsection B. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection D15b are subject to the contributory drainage area limitation specified at Subsection D15b 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 D15b 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 D4 is granted from Subsection D15.
8.
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
9.
Design standards for stormwater management measures are as follows:
a.
Stormwater management measures shall be designed to take into account
the existing site conditions, including, but not limited to, environmentally
critical areas; wetlands; flood-prone areas; slopes; depth to seasonal
high water table; soil type, permeability, and texture; drainage area
and drainage patterns; and the presence of solution-prone carbonate
rocks (limestone);
b.
Stormwater management measures shall be designed to minimize maintenance,
facilitate maintenance and repairs, and ensure proper functioning.
Trash racks shall be installed at the intake to the outlet structure,
as appropriate, and shall have parallel bars with one-inch spacing
between the bars to the elevation of the water quality design storm.
For elevations higher than the water quality design storm, the parallel
bars at the outlet structure shall be spaced no greater than one-third
the width of the diameter of the orifice or one-third 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 H3;
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, 5:21-7.4, and 5:21-7.5
shall be deemed to meet this requirement;
d.
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection H; and
e.
The size of the orifice at the intake to the outlet from the stormwater
management BMP shall be a minimum of 2 1/2 inches in diameter.
10.
Manufactured treatment devices may be used to meet the requirements of this section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B may be used only under the circumstances described at Subsection D15d.
11.
Any application for a new agricultural development that meets the definition of "major development" at Subsection B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection D15 to 18 and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
12.
If there is more than one drainage area, the groundwater recharge,
stormwater runoff quality, and stormwater runoff quantity standards
at Subsection D15 to 18 shall be met in each drainage area, unless
the runoff from the drainage areas converge on site and no adverse
environmental impact would occur as a result of compliance with any
one or more of the individual standards being determined utilizing
a weighted average of the results achieved for that individual standard
across the affected drainage areas.
13.
Any stormwater management measure authorized under the municipal
stormwater management plan or ordinance shall be reflected in a deed
notice recorded in the Middlesex County Clerk's Office. A form
of deed notice shall be submitted to the municipality for approval
prior to filing.
a.
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 D15 to 18 and shall identify the location of the stormwater
management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900
US Feet or Latitude and Longitude in decimal degrees. The deed notice
shall also reference the maintenance plan required to be recorded
upon the deed pursuant to Subsection J2e. Prior to the commencement
of construction, proof that the above required deed notice has been
filed shall be submitted to the municipality. Proof that the required
information has been recorded on the deed shall be in the form of
either a copy of the complete recorded document or a receipt from
the clerk or other proof of recordation provided by the recording
office. However, if the initial proof provided to the municipality
is not a copy of the complete recorded document, a copy of the complete
recorded document shall be provided to the municipality within 180
calendar days of the authorization granted by the municipality.
14.
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection D 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 Middlesex County Clerks 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 D13 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 D13 above.
15.
Green infrastructure standards.
a.
This subsection specifies the types of green infrastructure BMPs
that may be used to satisfy the groundwater recharge, stormwater runoff
quality, and stormwater runoff quantity standards.
b.
To satisfy the groundwater recharge and stormwater runoff quality
standards at Subsection D16 to 17, the design engineer shall utilize
green infrastructure BMPs identified in Table 1 at Subsection D6 and/or
an alternative stormwater management measure approved in accordance
with Subsection D7. 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
|
c.
To satisfy the stormwater runoff quantity standards at Subsection
D18, the design engineer shall utilize BMPs from Table 1 or from Table
2 and/or an alternative stormwater management measure approved in
accordance with Subsection D7.
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 D4 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 D7 may be used to meet the groundwater
recharge, stormwater runoff quality, and stormwater runoff quantity
standards at Subsection D16 to 18.
e.
For separate or combined storm sewer improvement projects, such as
sewer separation, undertaken by a government agency or public utility
(for example, a sewerage company), the requirements of this subsection
shall only apply to areas owned in fee simple by the government agency
or utility, and areas within a right-of-way or easement held or controlled
by the government agency or utility; the entity shall not be required
to obtain additional property or property rights to fully satisfy
the requirements of this subsection. Regardless of the amount of area
of a separate or combined storm sewer improvement project subject
to the green infrastructure requirements of this subsection, each
project shall fully comply with the applicable groundwater recharge,
stormwater runoff quality control, and stormwater runoff quantity
standards at Subsection D16 to 18, unless the project is granted a
waiver from strict compliance in accordance with Subsection D4.
16.
Groundwater recharge standards.
a.
This subsection contains the minimum design and performance standards
for groundwater recharge as follows.
b.
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:
(1)
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual 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 postconstruction
for the two-year storm is infiltrated.
c.
This groundwater recharge requirement does not apply to projects
within the "urban redevelopment area," or to projects subject to Subsection
D16d below.
d.
The following types of stormwater shall not be recharged:
(1)
Stormwater from areas of high pollutant loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with Department-approved remedial action work plan
or landfill closure plan and areas with high risks for spills of toxic
materials, such as gas stations and vehicle maintenance facilities;
and
(2)
Industrial stormwater exposed to "source material." "Source
material" means any material(s) or machinery, located at an industrial
facility, that is directly or indirectly related to process, manufacturing
or other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
17.
Stormwater runoff quality standards.
a.
This subsection contains the minimum design and performance standards
to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of one-quarter acre or more of
regulated motor vehicle surface.
b.
Stormwater management measures shall be designed to reduce the postconstruction
load of total suspended solids (TSS) in stormwater runoff generated
from the water quality design storm as follows:
(1)
80% 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 D17b above, unless the major development is itself
subject to a NJPDES permit with a numeric effluent limitation for
TSS or the NJPDES permit to which the major development is subject
exempts the development from a numeric effluent limitation for TSS.
d.
The water quality design storm is 1.25 inches of rainfall in two
hours. Water quality calculations shall take into account the distribution
of rain from the water quality design storm, as reflected in Table
4, below. The calculation of the volume of runoff may take into account
the implementation of stormwater management measures.
Table 4 - Water Quality Design Storm Distribution
| |||||
---|---|---|---|---|---|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
e.
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
R = A + B - (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 postconstruction nutrient load
of the anticipated load from the developed site in stormwater runoff
generated from the water quality design storm. In achieving reduction
of nutrients to the maximum extent feasible, the design of the site
shall include green infrastructure BMPs that optimize nutrient removal
while still achieving the performance standards in Subsection D16
to 18.
g.
In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
h.
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
i.
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)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 postconstruction load of total suspended
solids by 95% of the anticipated load from the developed site, expressed
as an annual average.
j.
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.
18.
Stormwater runoff quantity standards.
a.
This subsection contains the minimum design and performance standards
to control stormwater runoff quantity impacts of major development.
b.
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection E, complete one of the following:
(1)
Demonstrate through hydrologic and hydraulic analysis that,
for stormwater leaving the site, postconstruction 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 postconstruction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75% and 80%, respectively, of the preconstruction peak runoff
rates. The percentages apply only to the postconstruction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
(4)
In tidal flood hazard areas, stormwater runoff quantity analysis
in accordance with Subsection D18b(1), (2) and (3) above is required
unless the design engineer demonstrates through hydrologic and hydraulic
analysis that the increased volume, change in timing, or increased
rate of the stormwater runoff, or any combination of the three will
not result in additional flood damage below the point of discharge
of the major development. No analysis is required if the stormwater
is discharged directly into any ocean, bay, inlet, or the reach of
any watercourse between its confluence with an ocean, bay, or inlet
and downstream of the first water control structure.
c.
The stormwater runoff quantity standards shall be applied at the
site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
E.
Calculation of stormwater runoff and groundwater recharge.
1.
Stormwater runoff shall be calculated in accordance with the following:
a.
The design engineer shall calculate runoff using one of the following
methods:
(1)
The USDA Natural Resources Conservation Service (NRCS) methodology,
including the NRCS Runoff Equation and Dimensionless Unit Hydrograph,
as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National
Engineering Handbook, incorporated herein by reference as amended
and supplemented. This methodology is additionally described in Technical
Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June
1986, incorporated herein by reference as amended and supplemented.
Information regarding the methodology is available from the Natural
Resources Conservation Service website at:https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb10441
71.pdf or at United States Department of Agriculture Natural Resources
Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873;
or
(2)
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The rational and modified rational
methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionCont
rolStandardsComplete.pdf.
b.
For the purpose of calculating runoff coefficients and groundwater
recharge, there is a presumption that the preconstruction condition
of a site or portion thereof is a wooded land use with good hydrologic
condition. The term "runoff coefficient" applies to both the NRCS
methodology above at Subsection E1a(1) and the Rational and Modified
Rational Methods at Subsection E1a(2). A runoff coefficient or a groundwater
recharge land cover for an existing condition may be used on all or
a portion of the site if the design engineer verifies that the hydrologic
condition has existed on the site or portion of the site for at least
five years without interruption prior to the time of application.
If more than one land cover have existed on the site during the five
years immediately prior to the time of application, the land cover
with the lowest runoff potential shall be used for the computations.
In addition, there is the presumption that the site is in good hydrologic
condition (if the land use type is pasture, lawn, or park), with good
cover (if the land use type is woods), or with good hydrologic condition
and conservation treatment (if the land use type is cultivation).
c.
In computing 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:
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.
F.
Sources for technical guidance.
1.
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
a.
Guidelines for stormwater management measures are contained in the
New Jersey Stormwater Best Management Practices Manual, as amended
and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
b.
Additional maintenance guidance is available on the Department's
website at https://www.njstormwater.org/maintenance guidance.htm.
2.
Submissions required for review by the Department should be mailed
to: The Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
G.
Solids and floatable materials control standards.
1.
Site design features identified under Subsection D6 above, or alternative
designs in accordance with Subsection D7 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
G1b 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 7.0 square inches,
or is no greater than 0.5 inch across the smallest dimension.
(a)
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 7.0 square inches, or be no greater than 2.0
inches across the smallest dimension.
b.
The standard in Subsection G1a 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 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 4.625 inches long and 1.5 inches wide (this
option does not apply for outfall netting facilities); or
(b)
A bar screen having a bar spacing of 0.5 inch.
(c)
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 5:21-7.4(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.
H.
Safety standards for stormwater management basins.
1.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management BMPs. This
section applies to any new stormwater management BMP.
2.
The provisions of this section are not intended to preempt more stringent
municipal or county safety requirements for new or existing stormwater
management BMPs. Municipal and county stormwater management plans
and ordinances may, pursuant to their authority, require existing
stormwater management BMPs to be retrofitted to meet one or more of
the safety standards in Subsection H3a, b and c for trash racks, overflow
grates, and escape provisions at outlet structures.
3.
Requirements for trash racks, overflow grates and escape provisions.
a.
A trash rack is a device designed to catch trash and debris and prevent
the clogging of outlet structures. Trash racks shall be installed
at the intake to the outlet from the stormwater management BMP to
ensure proper functioning of the BMP outlets in accordance with the
following:
(1)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(2)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(3)
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
(4)
The trash rack shall be constructed of rigid, durable, and corrosion
resistant material and designed to withstand a perpendicular live
loading of 300 pounds per square foot.
b.
An overflow grate is designed to prevent obstruction of the overflow
structure. If an outlet structure has an overflow grate, such grate
shall meet the following requirements:
(1)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(2)
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
(3)
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
c.
Stormwater management BMPs shall include escape provisions as follows:
(1)
If a stormwater management BMP has an outlet structure, escape
provisions shall be incorporated in or on the structure. Escape provisions
include the installation of permanent ladders, steps, rungs, or other
features that provide easily accessible means of egress from stormwater
management BMPs. With the prior approval of the municipality pursuant
to Subsection H3, 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 H5 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 East Brunswick Township that the variance
or exemption will not constitute a threat to public safety.
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
I3 below as part of the submission of the application for approval.
b.
The applicant shall demonstrate that the project meets the standards
set forth in this section.
c.
The applicant shall submit 14 copies of the materials listed in the
checklist for site development stormwater plans in accordance with
Subsection I3 of this section.
2.
Site development stormwater plan approval. The applicant's site
development project shall be reviewed as a part of the review process
by the municipal board or official from which municipal approval is
sought. 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. The following information
shall be required:
a.
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
b.
Environmental site analysis. A written and graphic description of
the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
c.
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings, roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
d.
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections C through E are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
e.
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(1)
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(2)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
f.
Calculations.
(1)
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and postdevelopment conditions for the design storms specified in Subsection D of this section.
(2)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on on-site boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
g.
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J.
h.
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 I3a through f of this section when
it can be demonstrated that the information requested is impossible
to obtain or it would create a hardship on the applicant to obtain
and its absence will not materially affect the review process.
J.
Maintenance and repair.
1.
Applicability. Projects subject to review as in Subsection A3 of
this section shall comply with the requirements of Subsection J2 and
3.
2.
General maintenance.
a.
The design engineer shall prepare a maintenance plan for the stormwater
management measures incorporated into the design of a major development.
b.
The maintenance plan shall contain specific preventative maintenance
tasks and schedules; cost estimates, including estimated cost of sediment,
debris, or trash removal; and the name, address, and telephone number
of the person or persons responsible for preventative and corrective
maintenance (including replacement). The plan shall contain information
on BMP location, design, ownership, maintenance tasks and frequencies,
and other details as specified in Chapter 8 of the New Jersey 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
J2c above is not a public agency, the maintenance plan and any future
revisions based on Subsection J2g below shall be recorded upon the
deed of record for each property on which the maintenance described
in the maintenance plan must be undertaken.
f.
Preventative and corrective maintenance shall be performed to maintain
the functional parameters (storage volume, infiltration rates, inflow/outflow
capacity, etc.) of the stormwater management measure, including, but
not limited to, repairs or replacement to the structure; removal of
sediment, debris, or trash; restoration of eroded areas; snow and
ice removal; fence repair or replacement; restoration of vegetation;
and repair or replacement of nonvegetated linings.
g.
The party responsible for maintenance identified under Subsection
J2c above shall perform all of the following requirements:
(1)
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(2)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(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
J2f and g above.
h.
The requirements of Subsection J2c and d do not apply to stormwater
management facilities that are dedicated to and accepted by the municipality
or another governmental agency, subject to all applicable municipal
stormwater general permit conditions, as issued by the Department.
(1)
A two-year maintenance guarantee in accordance with N.J.S.A.
40:55D-53 shall be required to be posted for all stormwater management
facilities that are not dedicated to the Township of East Brunswick
or other governmental agency.
(2)
Maintenance and inspection guidance can be found on the Department's
website at: https://www.njstormwater.org/maintenance guidance.htm.
i.
In the event that the stormwater management facility becomes a danger
to public safety or public health, or if it is in need of maintenance
or repair, the municipality shall so notify the responsible person
in writing. Upon receipt of that notice, the responsible person shall
have 14 days to effect maintenance and repair of the facility in a
manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If 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.
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.
K.
General standards.
1.
The applicant may be required by the approving authority to carry
away by pipe or open ditch any spring or surface water that may exist
either previously to, or as a result of, the application. Such drainage
facilities shall be located in the road right-of-way where feasible,
or in perpetual unobstructed easements of appropriate width, and shall
be constructed in accordance with the Township construction standards
and specifications.
2.
All storm drainage shall be piped underground, except that where
it is not feasible to pipe, open ditches may be constructed.
a.
Where storm drainage is piped, an easement of not less than 25 feet
shall be shown on the approved plan and conveyed to the Township.
b.
Where the storm drainage flows in an open ditch, an easement of not
less than 50 feet shall be shown on the approved plan and shall be
conveyed to the Township. The ditch shall be constructed so as to
prevent erosion, be easily maintainable and shall be provided with
safety features as it may deem necessary to protect and safeguard
the public.
3.
The applicant's engineer shall also determine and identify to
the approving authority the effect of each application on existing
downstream drainage facilities outside the area of the application.
Studies may be required of the applicant and, as shall be appropriate,
shall serve as a guide to needed improvements.
4.
Where, in the opinion of the Township Engineer, underdrainage is
required, the subdivider shall install subbase underdrains or Type
F underdrains in accordance with the New Jersey State Highway Specifications
of 2019 as amended and supplemented; and shall be of the size specified
by the Township Engineer.
a.
If, in the opinion of the Township Engineer, and existing conditions
exist, the applicant may be required to construct a (supac or equivalent
filter fabric) lined ditch backfilled with 3/8 inch washed stone,
with a minimum slope of 2% and concrete porous wall pipe set in the
stone and connected to a downgrade inlet. Construction of such underdrains
shall be in accordance with the standard details on file in the Department
of Planning and Engineering.
b.
All underdrain systems constructed within a site or subdivision shall
be provided with a clean-out in accordance with the standard details
on file in the Department of Planning and Engineering.
5.
Subbase outlet drains, when necessary, shall consist of stone pockets
and/or trenches lined with filter fabric and filled with 3/8 inch
broken stone, washed gravel or blast furnace slag, and discharge into
an inlet or other appropriate facility or area. Subbase outlet drains
shall be 6" c.m. pipe fully coated with 1/2 of pipe and end cap perforated
or extra strength porous wall pipe with appropriate cap.
a.
Subbase outlet drains will be required at low points in roadways
and at other locations where necessary.
6.
The pipe size shall be determined by acceptable drainage design procedures.
In no case shall the pipe size in a surface water drainage system
be less than 15 inches in diameter.
7.
All pipe terminations shall be provided with poured concrete headwalls
or precast concrete end sections in accordance with the approved preliminary
plat or plan. Poured concrete headwalls shall be wing-type headwalls
with aprons and cutoff walls in accordance with the construction details
contained herein. Flared end sections shall be provided with cutoff
walls.
8.
Storm drain pipes running longitudinally along streets shall not
be located under curbing. They shall be reinforced concrete pipe conforming
to ASTM Designation C-76, reinforced arch culvert conforming to ASTM
Designation C-506 or reinforced concrete elliptical pipe conforming
to ASTM Designation C-507. Joints shall be made with O-ring rubber
gaskets.
9.
No concrete pipe shall be laid on grades exceeding 10%. Elliptical
concrete storm drain pipes will be jointed using a preformed bituminous
mastic pressure-type joint sealer.
10.
All storm drains shall be laid in a straight line between inlets,
manholes or other structures, except that the use of the fittings
or factory curved or mitered pipe may be allowed by the Township Engineer
when necessary to accommodate existing geometry or utilities.
L.
Private storm drain inlet retrofitting required.
1.
Private storm drain inlets. Existing storm drain inlets which are
in direct contact with repaving, repairing, reconstruction, or resurfacing
or alterations of facilities on private property shall be required
to be retrofitted to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system so as to protect public
health, safety and welfare, and to prescribe penalties for the failure
to comply.
2.
Applicability. For the purpose of this retrofitting requirement,
"storm drain inlet" means an opening in a storm drain used to collect
stormwater runoff and includes but is not limited to a grate inlet,
curb-opening inlet, slotted inlet, and combination inlet.
3.
Prohibited conduct. No person in control of private property (except
a residential lot with one single-family house) shall authorize the
repaving, repairing (excluding the repair of individual potholes),
resurfacing, reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet:
M.
Impervious permit attenuation requirements (non-major development).
1.
For each square foot of impervious surface above the applicable lot
coverage allowable percentage, two gallons of stormwater shall be
retained on site using green infrastructure best management practices,
which shall be approved by the Director of Planning & Engineering's
designee.
2.
Attenuation devices must be approved by the Director of Planning
& Engineering's designee to confirm that all site runoff
is adequately controlled and will not impact adjacent property owners.
3.
A maintenance manual detailing maintenance procedures and maintenance
intervals must be submitted along with all calculations supporting
the design of the attenuation device.
4.
Examples of attenuation devices include rain gardens, rain barrels,
bioswales, stormwater planters, and drywells.
N.
Penalties. Any party who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure or land in violation of
this section shall be subject to the penalty provisions of the Zoning
Chapter of the East Brunswick Township Code.
All streetlights shall be installed on ornamental standards
with underground wiring. They shall be of a style and design compatible
with the nature and design of the subdivision and shall be approved
by the Planning Board. Streetlighting shall conform to the current
standards prescribed by the Illuminating Engineers Society, with respect
to type and number of light stanchions, spacing intervals, location,
wattage, shielding and design and shall be installed so as to provide
adequate lighting without spillage and to prevent hazard to drivers
or nuisance to adjoining property owners.
[Amended 8-25-97 by Ord. No. 97-25]
For residential development these standards are superseded by
Residential Site Improvement Standards (N.J.A.C., Title 5, Chapter
21).
The number and location of all street signs and other signs
needed to regulate and control traffic or for warning purposes shall
be determined by the Planning Board in cooperation with the Director
of Public Safety. However, there shall be at least two (2) street
signs furnished at each four-way intersection and one (1) street sign
at each T-intersection. Prior to the issuance of a construction permit
the applicant shall pay to the township the current rate including
installation for each sign, as it has been determined by the Director
of Public Safety and filed with the Township Clerk. The Township shall
provide and install the signs.
[Amended 8-25-97 by Ord. No. 97-25]
For residential development these standards are superseded by
Residential Site Improvement Standards (N.J.A.C., Title 5, Chapter
21).
A.
Required.
All developments shall be served by paved streets with an all-weather
base and pavement with an adequate crown.
B.
Utilities Installed.
No streets shall be accepted unless all the utilities for each
prospective building lot have been installed to the edge of the right-of-way.
All utilities, drains and other facilities located under the road
paving shall be installed prior to the placing of any road surfacing
material.
C.
County Roads.
Wherever a county road passes through or borders a subdivision,
the developer shall provide and dedicate to the county such additional
land as may be necessary for the widening of the right-of-way to accommodate
anticipated traffic in the reasonably foreseeable future, as projected
by the County Planning Board.
D.
Major Arterials.
Subdivisions abutting major arterials or controlled access highways
shall provide a marginal service street or shall have lots backing
on to such streets and highways, with a buffer strip for planting
or some other means of separation of through and local traffic as
the Board may determine appropriate.
E.
Minor Arterial Streets.
On minor arterial streets the right-of-way width shall be measured
from lot line to lot line and shall be determined by the Planning
Board, but in no event shall the right-of-way be less than seventy
(70) feet or the paved portion less than fifty (50) feet.
F.
Major Collector Streets.
On major collector streets the right-of-way width shall be measured
from lot line to lot line and shall be determined by the Planning
Board, but in no event shall the right-of-way be less than seventy
(70) feet or the paved portion less than fifty (50) feet.
G.
Minor Collector Streets.
On minor collector streets the right-of-way width shall be measured
from lot line to lot line and shall be determined by the Planning
Board, but in no event shall the right-of-way be less than sixty (60)
feet or the paved portion less than thirty-six (36) feet.
H.
Local Streets.
On local streets the right-of-way width shall be measured from
lot line to lot line and shall be determined by the Planning Board,
but in no event shall the right-of-way be less than fifty (50) feet
or the paved portion less than thirty (30) feet.
I.
Streets not on Master Plan.
The arrangements and right-of-way widths of streets not shown
on the Master Plan or Official Map shall be such as to provide for
the appropriate extension of existing streets.
J.
Reserve Strips.
No subdivision showing reserve strips controlling access to
streets shall be approved except where the control and disposal of
land comprising such strips has been given to the governing body under
conditions approved by the Board.
K.
Existing Streets.
Subdivisions which adjoin or include existing streets that do
not conform to widths as shown on the Master Plan or Official Map
or the street width requirements of this subsection shall dedicate
additional width along either one (1) or both sides of the street.
If the subdivision is along one (1) side only, one-half (1/2) of the
required extra width shall be dedicated.
L.
Grade.
The grade of any street shall not exceed eight percent (8%)
except where the Municipal Engineer determines that a steeper grade
would help preserve trees or other worthwhile natural features, in
which case the grade shall not exceed ten percent (10%). The minimum
grade shall be 0.75%.
M.
Vertical Grade.
All changes in vertical grade shall be connected by vertical
curves of sufficient radius to provide a smooth transition and proper
sight distance in accordance with AASHTO Standards.
N.
Intersections.
No street or road shall be located within two hundred (200')
feet of any existing street or road intersection. Street intersections
shall be as nearly at right angles as is possible and in no case shall
be at an angle of less than sixty degrees (60o).
The block corners at intersections shall be rounded at the curbline
with a curve having a radius of not less than fifty (50), except in
the case of minor streets where the radius shall not be less than
twenty-five (25) feet.
All street jogs at intersections shall provide for at least
one hundred fifty (150) feet between the nearest right-of-way lines.
A tangent at least one hundred (100) feet long shall be introduced
between reverse curves.
When connecting street lines deflect from each other at any
one point by more than ten degrees (10o) and not more than forty-five
degrees (45o), they shall be connected by a curve with a center-line
radius of not less than one hundred fifty (150) feet for minor streets,
three hundred (300) feet for collector streets and five hundred (500)
feet for major arterials and controlled access highways. When connecting
street lines deflect from each other at any one point by more than
forty-five degrees (45o), they shall be connected by a curve with
a center-line radius of not less than two hundred fifty (250) feet
for minor streets, one hundred (100) feet for collector streets and
six hundred (600) feet for major arterials and controlled access highways.
O.
Cul-de-sac.
Dead-end streets (culs-de-sac) shall not be longer than one
thousand (1,000) feet measured from the centerline of the intersection
to the centerline of the bulb and shall not have more than twenty
(20) lots. Culs-de-sac shall provide a turnaround at the end with
a curb radius of not less than forty-five (45) feet in residential
subdivisions and eighty (80) feet in industrial subdivisions. A R.O.W.
radius of ten (10) additional feet shall be provided in both cases.
If a dead-end street is of a temporary nature, a similar turnaround
shall be provided, together with appropriate performance guaranties
for its removal and reversion of the excess right-of-way to the adjoining
properties.
P.
Street Names.
No street shall have a name which will duplicate or so nearly
duplicate as to be confused with the names of existing streets. The
continuation of an existing street shall have the same name. All street
names must be approved by the Planning Board.
Q.
Driveway Access.
In all residential zones, development bounded by any arterial
or collector street shall control access to said streets by having
all driveways intersect minor streets. Where the size, shape, location
or some other unique circumstance may dictate no other alternative
than to have a driveway enter an arterial or collector street, the
lot shall provide on-site turnaround facilities so it is not necessary
to back any vehicle onto an arterial or collector street.
R.
Adjoining Property.
When a development adjoins land capable of being developed or
subdivided further, suitable provisions shall be made for access from
the adjoining tract to existing or proposed streets.
S.
Pavement.
Street pavement shall be constructed in accordance with the
Standard Specifications of the New Jersey Department of Transportation.
Pavement thickness shall be not less than the following:
1.
Major arterial and major collector streets; bituminous stabilized
base course, six (6) inches compacted thickness; FABC, two-surface
course, two (2) inches compacted thickness.
2.
Minor collector and local streets: bituminous stabilized base course,
five (5) inches compacted thickness; FABC, one surface course, two
(2) inches compacted thickness.
T.
Curbs.
The curb return radii for minor streets from collector and arterial
streets shall be thirty-five (35) feet. Curbs shall be constructed
of Class "B" concrete with dimensions of 6" x 8" x 20" and 6" curbface.
No topsoil shall be removed from the site or used as spoil.
Topsoil moved during the course of construction shall be redistributed
so as to provide at least six (6) inches of cover to all unpaved areas
of the subdivision and shall be stabilized by seeding or planting
on all slopes up to ten percent (10%) as shown on the final grading
plan. All slopes and minor drainage swales over ten percent (10%)
shall be sodded. All disturbed areas shall be sodded or stabilized.
For residential development these standards are superseded by
Residential Site Improvement Standards (N.J.A.C., Title 5, Chapter
21).
A.
Regulations.
All water utility mains, lines, facilities and appurtenances
shall be constructed in accordance with East Brunswick Township Water
Utility Water Distribution System Regulations.
B.
Required Connection.
All new construction shall be connected to the municipal water
system, notwithstanding the existence of a well or the opportunity
to obtain water from underground sources.
C.
Water Mains.
Water mains shall be installed in accordance with the existing
policy of the East Brunswick Water Utility and shall be adequate to
handle all present and probable future development. Where the dead
end of the main is temporary, a suitable water blowoff valve shall
be provided in lieu of a hydrant. All mains shall be sterilized under
the supervision of a recognized testing laboratory before approval.
Water mains and sewer mains shall be separated a distance of at least
ten feet horizontally. The vertical separation at a crossing of water
and sewer line shall be at least 18 inches.
D.
Hydrants.
Spacing of hydrants shall be governed by Township Code § 102.
There shall be a hydrant at every dead end of the main or blowoff.
Where hydrants are to be located in a parking lot island the island
shall be a minimum width of nine (9) feet.
E.
Service Line.
The subdivider shall provide for the installation of service
lines with a minimum diameter of six inches for domestic service and
in all other cases eight inches in the street right-of-way. Each lot
shall be serviced by a 1" size Type K copper service line from the
nearest street main. All water lines shall be looped wherever practical.