[Ord. No. 2-79 § 601.1; Ord. No. 9-79 § 26; Ord. No. 8-86 § 14; Ord.
No. 98-022 §§ 1, 2; Ord. No. 99-001 § 1]
Subdivision approval shall be applied for and granted prior
to the subdivision or resubdivision of land.
Site Plan approval shall be applied for and granted prior to the undertaking of any development relating to any lot consideration as specified in Subsections 30-62.4, 30-62.5 and 30-64.2 of this chapter; including, but not limited to fences, walls, parking areas, driveway access, landscaping, solid waste removal, grading, lighting, drainage work, and sidewalks. Notwithstanding the foregoing requirements, site plan approval is not required for one- or two-family dwellings except as provided in § 30-97 for properties in critical areas.
The Planning Board, upon recommendation of the Subdivision Committee,
may permit the submission of a combined preliminary and final site
plan when, due to unusual conditions relating to the nature of the
development, separate preliminary and final site plans would not be
necessary to meet the purposes of this chapter. Permission to submit
a combined preliminary and final site plan shall not exempt the applicant
from filing the required application forms or payment of the required
fees for each application.
The Planning Board may, upon receipt of a written request, waive
formal site plan review procedures for routine cases involving the
first tenant in a building having received site plan approval for
the proposed use, a change in tenancy where the nature of the use
remains unchanged, and where the Board determines that the proposed
development is a permitted use in the zone and does not involve substantial
site development considerations. In addition, the zoning officer may
waive site plan review procedures when a proposed development involves
only interior building changes that neither affect the building facade
nor increase parking, drainage, or sewage requirements. If formal
site plan review procedures are waived, the Planning Board may reduce
the development application fee to an amount sufficient to cover its
administrative and professional service expenses in connection with
the application, but in no event to be less than $25.
[Ord. No. 2-79 § 601.2]
Prior to the filing of a formal application for development,
an applicant may request, and the Planning Board shall grant, an informal
review of a concept plan of the intended development. Said concept
plan shall be in sufficient detail to clearly show the intended scope
and design of the proposed development. The informal review shall
not be binding on either the Planning Board or the applicant. However,
this step is recommended, particularly for major subdivisions and
site plans in order to help ensure later compliance with ordinance
requirements and Planning Board satisfaction with basic elements of
the plan.
The Planning Board shall determine when an informal review of
a concept plan has been completed, and thereafter the applicant shall
file a preliminary subdivision or site plan application before further
consideration by the Planning Board.
[Ord. No. 2-79 § 601.3]
In the event that the subdivision or site plan application requires action by the Board of Adjustment as provided in this chapter, said application shall be submitted to and processed by said Board which shall act in the same manner as the Planning Board as provided in this article and as further provided in § 30-61.
[Ord. No. 2-79 § 601.4; Ord. No. 26-90 § 2]
A complete application for development shall be filed with the
Board Manager of the Planning Board at least two weeks prior to the
meeting of the Planning Board at which consideration of the application
is desired. The Board Manager of the Planning Board shall record on
the application the amount and date of receipt of fee and forward
such fee to the Township Clerk.
[Ord. No. 2-79 § 601.5; Ord. No. 9-85 § 1; Ord. No. 26-90 §§ 2, 4; Ord. No. 98-019 § 2; amended 5-13-2021 by Ord. No. 2021-12; 9-13-2022 by Ord. No. 2022-10]
Applications shall be made on forms available from the Board Manager. Up to 15 hard copies of the application (at the discretion of the land use boards) and one copy in electronic format accompanied by the required filing fee as specified in § 30-17 shall be submitted.
a.
A deed conveying to the Township any drainage easement, sanitary
sewer easement or utility easement which is required to be provided
under the terms and conditions of tentative or preliminary subdivision
approval and which lies outside of the boundaries of the subdivision
tract;
b.
The performance and maintenance guarantees and accompanying agreements required by Subsection 30-61.4; and
c.
A wetlands letter of interpretation (LOI) from the New Jersey Department
of Environmental Protection (NJDEP) shall be submitted as part of
the application of any major subdivision or site plan application.
A minor subdivision or minor site plan application shall not be required
to submit an LOI. However, an on-site wetlands delineation shall be
prepared by a qualified consultant. If wetlands are present that could
be impacted by the proposed improvements, a NJDEP approved LOI shall
be submitted with the minor subdivision or minor site plan application.
If no wetlands are observed, a note to that effect shall be shown
on the plans.
1.
Documentation. All wetlands and transition areas required pursuant
to N.J.A.C. 7:7A-1 et seq. (NJ Freshwater Wetlands Protection Act
Rules) or any successor statutes or regulations shall be clearly shown
on all plats or site plans submitted for approval.
2.
All final plats, final site plans or individual lot building plans
shall include the wetlands line(s) identification number assigned
by NJDEP (as applicable), pursuant to the NJ Freshwater Wetlands Act.
An application for final site plan approval involving any public
improvements shall also be accompanied by the foregoing material and
documents where pertinent to the application.
[Ord. No. 2-79 § 601.6; Ord. No. 26-90 § 5]
Each subdivision and each site plan application requiring review
by the County Planning Board shall be accompanied by two additional
prints which shall be forwarded by the Board Manager to the County
Planning Board.
[Ord. No. 2-79 § 601.7; Ord. No. 9-79 § 27]
In the event that any lot in any proposed subdivision or any
lot shown upon any site plan application will not be served by municipal
sanitary sewerage facilities, then subdivision approval or site plan
approval, as the case may be, shall not be granted until the Township
Board of Health has approved the plans for sewage disposal from each
proposed lot that will not be served by municipal sanitary sewerage
facilities or the plans for sewage disposal from the proposed development,
as the case may be.
[Ord. No. 2-79 § 601.7A; Ord. No. 9-79 § 28]
In the event that any lot in any proposed subdivision or any
lot shown upon any site plan application will not be served by a public
water supply system, then subdivision approval or site plan approval,
as the case may be, shall not be granted until the Township Board
of Health has approved the plans for the water supply system for each
proposed lot or for the proposed development, as the case may be.
[Ord. No. 2-79 § 601.8; Ord. No. 20-84 § 17]
If the application for development is found to be incomplete pursuant to § 30-11 of this chapter, the developer shall be notified in writing within 45 days of submission of such application or it shall be deemed to be properly submitted as of the date of the end of such forty-five-day period as provided in Subsection 30-11.3.
[Ord. No. 2-79 § 602.1; Ord. No. 10-85 § 3; Ord. No. 26-90 § 2; Ord.
No. 97-041 § 1]
Upon receipt of an application, the Board Manager of the Planning
Board shall forward same to the Subdivision Committee and, in addition,
shall send a copy for report and recommendation to each of the following:
Township Engineer,
Township Board of Health in the event that any lot in the subdivision
is proposed to be served by an individual sewage disposal system,
County Planning Board when review by that agency is required
by law,
Environmental Commission,
Tree Protection Committee, and
Such other Federal, State, County and municipal officials and
agencies as directed by the Subdivision Committee.
a.
The Subdivision Committee shall review the application along with
reports required from any officials or agencies and shall report its
actions, findings and recommendations to the Planning Board.
b.
An application shall be granted or denied within the times of submission
of a complete application prescribed below, or within such further
time as may be consented to by the applicant.
|
Type of Application
|
Period of Time for Action By Planning Board
|
|---|---|
|
Minor Subdivision
|
45 days
|
|
Preliminary Subdivision -10 lots or less
|
45 days
|
|
Preliminary Subdivision - more than 10 lots
|
95 days
|
|
Preliminary Site Plan - 10 acres of land or less; 10 dwelling
units or less
|
45 days
|
|
Preliminary Site Plan - more than 10 acres of land; more than
10 dwelling units
|
95 days
|
|
Final Subdivision
|
45 days
|
|
Final Site Plan
|
45 days
|
|
Applications as provided in Subsection 30-28.4
|
95 days
|
|
Master development plan for multi-family housing development
|
95 days
|
Failure of the Planning Board to act within the period
prescribed for acting upon applications for final site plan or final
major subdivision approval shall constitute final approval and a certificate
of the Township Clerk as to the failure of the Planning Board to act
shall be issued on request of the applicant, and it shall be sufficient
in lieu of the written endorsement or other evidence of approval,
herein required, and shall be so accepted by the County recording
officer for purposes of filing subdivision plats.
c.
Whenever review or approval of an application by the County Planning
Board is required, the Planning Board shall condition any approval
that it grant upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time period.
d.
The applicant shall be notified of the action of the Planning Board
within one week of its action and furnished with a signed copy of
any plan granted approval.
[Ord. No. 2-79 § 602.2; Ord. No. 9-79 § 7]
A minor subdivision plat application shall be filed in accordance with § 30-60, shall contain all data and information prescribed in Subsection 30-62.1 and shall be in accordance with the design standards prescribed in Subsection 30-64.1.
a.
The Subdivision Committee may by unanimous action, grant or deny the application within the time limit prescribed in Subsection 30-61.1b. An approved plat shall be signed by the Chairman and the Board Manager of the Planning Board. No further Planning Board approval shall be necessary.
b.
If the Subdivision Committee cannot reach a unanimous decision on
the approval of the minor subdivision or considers action by the entire
Board to be desirable, the plat shall be considered and acted upon
by the Board at its next regular meeting. If approved, the plat or
plan shall be signed by the Chairman and Board Manager of the Board.
c.
Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board; provided that the Board may condition such approval on terms insuring the completion of improvements pursuant to § 30-63.
d.
Approval of a minor subdivision shall expire 190 days from the date
of municipal approval unless within such period a plat in conformity
with such approval and the provisions of the "Map Filing Law", P.L.
1960, c. 141 N.J.S. 46:23-9.9, et seq., or a deed clearly describing
the approved minor subdivision is filed by the developer with the
County recording officer, the municipal engineer and the municipal
tax assessor. Any such plat or deed accepted for such filing shall
have been signed by the Chairman and Board Manager of the Planning
Board. In reviewing the application for development for a proposed
minor subdivision the Planning Board may accept a plat not in conformity
with the "Map Filing Act", P.L. 1960, c. 141 N.J.S. 46:23-9.9 et seq.;
provided that if the developer chooses to file the minor subdivision
as provided herein by plat rather than deed, such plat shall conform
with the provisions of said act.
e.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision approval was
granted, shall not be changed for a period of two years after the
date of approval; provided that the approved minor subdivision shall
have been duly recorded (filed) as provided in this section.
[Ord. No. 2-79 § 602.3; Ord. No. 9-79 § 8]
Application for approval of a preliminary subdivision plat or a preliminary site plan shall be filed in accordance with § 30-60, shall contain all information prescribed in Subsection 30-62.2 or Subsection 30-62.4, as the case may be, and shall be in accordance with the design standards prescribed in Subsection 30-64.1 or Subsection 30-64.2, as the case may be.
a.
Following report from the Subdivision Committee, if the Planning Board finds that the application is complete and in substantial compliance with the provisions of this chapter, it shall schedule a hearing on the application, following the procedures in § 30-12. Before scheduling a public hearing, the Planning Board may require revision or supplementation of the preliminary plat, accompanying plans and the environmental impact statement. The Planning Board may select among alternative proposals in the environmental impact statement and may establish conditions considered necessary to eliminate or minimize any temporary or permanent adverse on-site or off-site environmental effects of the proposed development.
b.
Whenever after public hearing the Planning Board shall grant preliminary
approval, the Board shall adopt a resolution with respect thereto,
enumerating the plat and plans thereby approved and establishing the
terms and conditions of approval.
A copy of the resolution shall be attached to the preliminary
plat or plan, which shall be signed by the Chairman and Board Manager
of the Board. A copy of the approved preliminary plat or plan with
annexed resolution shall be returned to the applicant.
c.
If the Planning Board requires any substantial amendment in the layout
of improvements proposed by the developer that have been the subject
of the hearing, an amended application shall be submitted and proceeded
upon as in the case of the original application. The Planning Board
shall, if the proposed application complies with this chapter, grant
preliminary approval.
d.
Preliminary approval shall, except as provided in Subsection 4 of this Subsection d confer upon the applicant the following rights for a three-year period of time from the date of the preliminary approval:
1.
That the general terms and conditions on which preliminary approval was granted shall not be changed including, but not limited to, use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to Subsection 30-63.3; except that nothing herein shall be construed to prevent the Township from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;
2.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary subdivision plat or site plan, as the
case may be; and
3.
That the applicant may apply for and the Planning Board may grant
extensions on such preliminary approval for additional periods of
at least one year but not to exceed a total extension of two years,
provided that if the design standards have been revised by ordinance,
such revised standards may govern.
4.
In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsections 1, 2, and 3 above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions, and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, and the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
[Ord. No. 2-79 § 602.4; Ord. No. 9-79 §§ 29 - 32; Ord. No. 1-80 § 25; Ord. No. 19-82 §§ 1 - 2; Ord. No. 19-82 § 2; Ord. No. 94-10 §§ 5, 6; Ord. No. 99-044 § 1; Ord. No. 2018-18 §§ 1 -
3]
a.
Installation of Improvements or Guarantee Prior to Grant of Final Subdivision Approval. Prior to the filing of an application for final subdivision approval, the applicant shall have installed the improvements required under Subsection 30-63.1 under the supervision and inspection of the Township Engineer unless the applicant has furnished to the Township a performance guarantee in an amount approved by the Planning Board to assure the installation on or before a date approved by the Board of all improvements required for the whole or any section of the subdivision tract which are not already inspected and approved by the Township Engineer.
b.
Installation of Improvements or Guarantee Prior to Grant of Final Site Plan Approval. Prior to the filing of an application for final site plan approval, the applicant shall have installed any on-tract or on-site improvements required under Subsection 30-63.2 under the supervision and approval of the Township Engineer unless the applicant has furnished the Township with a performance guarantee in an amount approved by the Planning Board to assure installation on or before a date approved by the Planning Board; provided, however, the Planning Board may waive this requirement with respect to any improvements in which the public does not have sufficient interest to warrant such a guarantee in order to insure completion as a condition for issuance of a construction permit.
c.
Performance Guarantee. The performance guarantee shall be in favor
of the Township in an amount equal to 120% of the estimate cost of
such improvements as determined by the Township Engineer according
to the method of calculation set forth in N.J.S.A. 40:55D-53.4 for
the following improvements as shown on the approved plans or plat:
streets, pavement, gutters, curbs, sidewalks, street lighting, street
trees, surveyor's monuments, as shown on the final map and required
by the "Map Filing Law," N.J.S.A. 46:23-9.9 et seq., water mains,
sanitary sewers, community septic systems, drainage structures, public
improvements of open space, and any grading necessitated by the preceding
improvements. The performance guarantee may also be required to include,
at the discretion of the Township, Planning Board or Zoning Board
of Adjustment, a guarantee for the installation of privately-owned
perimeter buffer landscaping. At the developer's option, a separate
performance guarantee may be posted for the privately-owned perimeter
buffer landscaping. 10% of the performance guarantee shall be in the
form of cash or a certified check made payable to "Township of Chatham"
and shall be accompanied by a cash deposit agreement and performance
guarantee in a form satisfactory to the Township Attorney.
Each performance guarantee, or part thereof, paid in cash, shall
be held in escrow by the Township in an account separate from the
general funds of the Township and separate from any other such account.
The account shall be in a banking institution or savings and loan
association in this State insured by an agency of the Federal government,
or in any other fund or depository approved for such deposits by the
State, in an amount bearing interest at the minimum rate currently
paid by the institution or depository on time or savings deposits.
The Township Treasurer shall notify the developer in writing of the
name and address of the institution or depository in which the deposit
is made and the amount of the deposit.
All interest earned on any account shall be retained in the account until paid over as provided in Subsection 30-17.10.
In the event that other governmental agencies or public utilities
will automatically own the utilities to be installed or the improvements
are covered by a performance guarantee to another governmental agency,
no performance guarantee shall be required by the municipality or
such utilities or improvements, provided, however, that the municipality
may require evidence that the developer has paid to any such other
governmental agency or public utility any charges which are required
for installation, including any refundable deposits.
All interest earned on any account shall be retained in the account until paid over as provided herein and in accordance with Subsection 30-17.10.
[Ord. No. 2018-18 § 1]
d.
Guaranteed Completion Date. The performance guarantee shall run for
a term not to exceed two years from the date of final approval. With
the consent of the principal and any surety, the time allowed for
the completion of improvements may be extended by the governing body
by resolution. The Planning Board shall have a thirty-day period in
which to comment upon any proposed extension. As a condition or as
part of any such extension, the amount of any performance guarantee
shall be increased or reduced, as the case may be, to an amount not
to exceed 120% of the cost of the installation of the remaining improvements
as determined as of the time of the passage of the resolution.
e.
Reduction in Performance Guarantee. The amount of a performance guarantee
may be reduced in accordance with the provisions of N.J.S. 40:55D-53.
f.
Agreement. Subsequent to final approval, but prior to the issuance
of any construction permit, start of site clearing, land disturbance
or construction, there shall be executed an agreement between the
developer and the Township incorporating all of the terms and conditions
of approval imposed by the Planning Board in a form as set forth in
"Appendix C."[1]
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
g.
Requirement for As-Built Plans. Prior to the acceptance by the Township
of any improvements installed for any subdivision or site plan the
developer shall furnish to the Township Engineer as-built plans for
the following drawn on translucent tracing cloth or its equivalent
on sheets not larger than 24 inches by 36 inches:
1.
Roads (plans and profiles).
2.
Surface and storm water drainage (plans and profiles) for facilities
in roads and easements.
3.
Sanitary sewers including individual lot connections and cleanouts
(plans and profiles) for facilities in roads and easements.
4.
Water mains, gas mains and underground electric, telephone and community
antenna television (C.A.T.V.) conduits (plans and profiles) for facilities
in roads and easements.
All of the foregoing improvements and utilities may be shown
on the same location plans with appropriate legends.
h.
Improvements Required for Certificate of Occupancy. No certificate
of use and occupancy shall be issued for any building on any lot in
a major subdivision until the construction and installation of the
following improvements required for such lot have been completed,
inspected and approved by the Township Engineer:
1.
Street Improvement. A curbed street having a consolidated and firm
subgrade with a base and intermediate course meeting Township road
specifications shall have been constructed and installed along the
entire frontage of the lot and between the lot and a street which
has previously been accepted by the Township for maintenance or between
the lot and a County road. The height of manholes and valve boxes
at the time of completion of the intermediate course shall be determined
by the Township Engineer.
2.
Drainage Facilities. All storm and surface water drainage facilities
required for the drainage of the lot or the street serving the lot
shall have been constructed and installed.
3.
Sanitary Sewerage Facilities. All sanitary sewerage facilities required
to serve the lot shall have been constructed and installed.
4.
Other Utilities. All other utilities required to serve the lot shall
have been constructed and installed.
5.
Sidewalks. If any sidewalk is required to be installed along the
frontage of the lot, then the sidewalk area along the entire frontage
of the lot shall have been cleared and graded in preparation for the
installation of the sidewalk.
Whenever final approval is obtained for a section of a subdivision,
then all of the improvements for that section shall be completed in
all respects and inspected and approved by the Township Engineer before
any certificate of use and occupancy shall be issued for any building
on any lot in any succeeding section of the subdivision.
i.
Maintenance Guarantee. The agreement shall provide for a maintenance
guarantee to be posted with the governing body for a period of two
years after final acceptance of improvements in an amount not to exceed
15% of the total cost of the improvements. In the event that other
governmental agencies or public utilities will automatically own the
utilities installed or the improvements are covered by a maintenance
guarantee to another governmental agency, no maintenance guarantee
shall be required by the municipality bond shall be expressly conditioned
on the repair, correction of defects, replacement or restoration of
the improvement or any part thereof whenever defects appear during
the period of the obligation for maintenance, regardless of whether
the defects arise from faulty materials, poor workmanship or from
natural causes. Maintenance shall also include the plowing of snow
on streets or portions of streets not yet accepted by the Township
for maintenance in order that vehicular access is at all times provided
to lots for which certificates of use and occupancy have been issued.
Each maintenance guarantee, or part thereof, paid in cash, certified
or cashier's check shall be held in escrow by the Township in an account
separate from the general funds of the Township and separate from
any other such account. The account shall be in a banking institution
or savings and loan association in this State issued by an agency
of the Federal government, or in any other fund or depository approved
for such deposits by the State, in an account bearing interest at
the minimum rate currently paid by the institution or depository on
time or savings deposits. The Township Treasurer shall notify the
developer in writing of the name and address of the institution or
depository in which the deposit is made and the amount of the deposit.
j.
Township Design Standards and Specifications. All improvements required
by subdivision or site plan approval shall be designed, constructed
and installed in accordance with Township design standards and specifications
which are applicable thereto. Such standards and specifications are
contained in "Township of Chatham Standard Construction Details, January
10, 1982," copies of which are on file in the office of the Township
Clerk in the Township Hall and in the office of the Township Engineer
at 405 Southern Boulevard.
k.
Safety and Stabilization Guarantee.
1.
In addition to a performance guarantee required pursuant to Subsection 30-61.4(c), a developer may be required to furnish to the Township a separate guarantee, referred to herein as a "safety and stabilization guarantee", in favor of the Township, to be available to the Township solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:
(a)
Site disturbance has commenced and, thereafter, all work on
the development has ceased for a period of at least 60 consecutive
days following such commencement for reasons other than force majeure,
and
(b)
Work has not recommenced within 30 days following the provision
of written notice by the Township to the developer of the Township's
intent to claim payment under the guarantee. The amount of the safety
and stabilization guarantee shall be calculated as set forth in N.J.S.A.
40:55D-53. At the developer's option, the safety and stabilization
guarantee may be included as a line item for safety and stabilization
in the performance guarantee rather than in the form of a separate
guarantee.
2.
The amount of a "safety and stabilization guarantee" for a development
with bonded improvements exceeding $100,000 shall be calculated as
a percentage of the bonded improvement costs of the development or
phase of development as follows:
$5,000 for the first $100,000 of bonded improvement costs, plus
2 1/2% of bonded improvement costs in excess of $100,000 up to
$1,000,000, plus 1% of bonded improvement costs in excess of $1,000,000.
3.
The Township Committee shall release a separate "safety and stabilization
guarantee" to a developer upon the developer's furnishing of a performance
guarantee which includes a line item for safety and stabilization
in the amount required under this paragraph.
4.
The Township Committee shall release a "safety and stabilization
guarantee" upon the Township Engineer's determination that the development
of the site has reached a point that the improvements installed are
adequate to avoid any potential threat to public safety.
[Ord. No. 2018-18 § 2]
l.
Temporary Certificate of Occupancy Guarantee. In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee" in favor of the Township in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee. Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee, required pursuant to Subsection 30-61.4c, which relate to the development, unit, lot, building or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the Township Engineer. The temporary certificate of occupancy guarantee shall be released by the Township Engineer upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building or phase as to which the temporary certificate of occupancy relates.
[Ord. No. 2018-18 § 3]
[Ord. No. 2-79 § 602.5; Ord. No. 9-79 § 33; Ord. No. 26-90 § 2]
a.
Filing. Application for approval of a final plat or a final site plan shall be filed in accordance with § 30-60 and shall contain all the information prescribed in Subsection 30-62.3 or Subsection 30-62.5, as the case may be. Said application shall be filed within the period prescribed in Subsection 30-61.3d and may be for the whole or a section or sections of the preliminary plat or site plan, as the case may be.
b.
Following report from the Subdivision Committee, if the Planning
Board finds that the application is in substantial compliance with
the provisions of this chapter, it shall proceed with final approval
under Subsection 30-51d.
c.
If the applicant proposes any substantial amendment in the layout
of improvements as shown on the preliminary plat or plan previously
granted preliminary approval, an amended application shall be submitted
and proceeded upon as in the case of the original application for
preliminary approval.
d.
Final Approval and the Effect of Final Approval. In the event the
Planning Board determines that the final plat or site plan complies
with all the provisions of this chapter, the conditions of preliminary
approval and all other applicable governmental requirements, it shall
grant final approval. The effect of the grant of any final approval
shall be as follows:
1.
The zoning requirements applicable to the preliminary approval previously granted and all other rights conferred upon the developer pursuant to Subsection 30-61.3d., whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval; provided that in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in Subsection 30-61.5e. If the developer has followed the standards prescribed for final approval, and, in the case of a subdivision has duly recorded the plat as required in Subsection 30-61.5e., the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this article, the granting of final approval terminates the period of preliminary approval pursuant to Subsection 30-61.3d for the section granted final approval.
2.
In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the Planning Board may grant the rights referred to in Subsection 1 of this Subsection 30-61.5d for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
e.
Recording of Final Plat. Final approval of a major subdivision shall
expire 95 days from the date of signing of the plat unless within
such period the plat shall have been duly filed by the developer with
the County Recording Officer. The Planning Board may for good cause
shown extend the period for recording for an additional period not
to exceed 190 days from the date of signing of the plat.
No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Board Manager of the Planning Board or a certificate has been issued by the Township Clerk pursuant to Subsection 30-61.1b of this chapter. The signatures of the Chairman and Board Manager of the Planning Board shall not be affixed until the developer has posted the guarantees required pursuant to Subsection 30-61.4. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void.
f.
Filing and Return of Prints. After final approval, one translucent
tracing and one cloth print shall be filed with the Township Clerk.
The original tracing and one cloth print shall be returned to the
developer.
g.
No construction permit shall be issued until final subdivision approval by the Planning Board of the final plat and said plat has been properly filed with the County Clerk within the time or extended time required by Subsection 30-61.5e. Proof of filing shall be submitted to the Board Manager of the Planning Board. The Construction Official shall not issue a construction permit until he has been notified by the Board Manager of the Planning Board that proof of filing has been received.
h.
A construction permit for any building or structure which is the subject of site plan review shall not be issued until final site plan approval is granted and all improvements completed or guarantees to insure completion have been posted in accordance with Subsection 30-61.4b of this chapter.
i.
No certificate of occupancy in connection with a site plan shall
be issued until all improvements required as a part of final site
plan approval by the Planning Board have been satisfactorily completed.
The Township Engineer shall submit to the Planning Board and to the
Construction Official or appropriate sub-code official(s) a written
report with respect to the installation of improvements relating to
off-street parking, landscaping, storm water disposal, sanitary sewage
disposal and outdoor lighting when such improvements have been installed
in accordance with the plans therefor. The Construction Official or
appropriate subcode official(s) shall submit a written report to the
Planning Board when all other improvements have been installed in
accordance with the plans therefor. No certificate of occupancy shall
be issued for a period of 10 days after the Planning Board has received
the foregoing reports. In the event that the Chairman or Board Manager
of the Planning Board shall within such period of 10 days notify the
Construction Official that any improvement has in the opinion of the
Board not been installed in accordance with the development plan,
the Construction Official shall not issue a certificate of occupancy
until the Planning Board authorizes its issuance.
In the event that site plan approval was granted by the Zoning
Board of Adjustment, then the Zoning Board of Adjustment shall exercise
the powers and duties that would otherwise be exercised by the Planning
Board under this provision.
[Ord. No. 2-79 § 602.6; Ord. No. 10-85 § 4; Ord. No. 26-90 § 6]
In order to provide flexibility in the review of large, multi-family housing developments of at least 50 acres in size, an applicant may, at his option, seek preliminary approval in sections or stages, provided that he first seeks and receives approval of a Master Development Plan of the entire tract. The procedure for filing, review and approval of a master development plan shall be the same as procedures prescribed for a preliminary site plan, including the submission of Checklists A and B as required by Subsection 30-11.2 for all preliminary site plan applications.[1] Those items of data and information set forth in Checklist B which are not required by Subsection 30-62.6 for a Master Development Plan shall be marked "Not Applicable" or "N.A." by the applicant. Approval of a master development plan of such a development shall confer upon the applicant the rights described below for the period of time determined by the Planning Board in accordance with Subsection 30-61.5d2.
a.
That the plan shall not be changed with reference to the total number
of dwelling units within the development and the distribution of dwelling
units by type, i.e. townhouse and manor house, within each residential
area.
b.
That the location and specifications for proposed roads shall not
be changed except as justified by sound engineering practices as approved
by the Township Engineer.
c.
The application for preliminary approval of the entire development or of a section or stage of the development may be submitted for review and approval in accordance with Subsection 30-61.3. An application for preliminary approval of the first section or stage may be filed concurrently with the Master Development Plan, provided that the plan for the section or stage shall not be approved until the Master Development Plan has been approved.
[1]
Editor's Note: Checklist A and B are included as attachments to this chapter.
[Ord. No. 99-007 § 3]
a.
Prior to approval of a subdivision to create a new lot or lots and prior to approval of a site plan for development of an individual lot in the PCD District, the developer shall submit to and the Planning Board shall have approved a Master Site Development Plan (MSDP) of the entire undeveloped portion of the PCD District unless said portion is to be developed as a single lot. Any subdivision and/or site plan filed subsequent to approval of the MSDP shall be consistent with the MSDP unless an amended MSDP shall have first been submitted to and approved by the Planning Board. The procedure for filing, review and approval of a MSDP shall be the same procedures prescribed for preliminary subdivision and preliminary site plan in Subsections 30-61.3 and 30-61.5. Approval of a MSDP shall confer upon the developer the rights and conditions described below for the period of time determined in accordance with Subsection 30-61.3d for preliminary subdivision and site plan approval:
1.
That the plan shall not be changed with reference to the number and
arrangement of lots, the amount of floor space and the building and
impervious coverage.
2.
That the plan shall not be changed in any substantial manner in terms
of the location and design of vehicular access and off-street parking
facilities.
3.
That the plan will not be altered in a manner which will require
any significant change in the proposed stormwater management facilities
practices intended to satisfy Township regulations pertaining to stormwater
runoff quantity and quality.
b.
An application for MSDP approval shall, in general, be drawn in accordance with and contain all information applicable to preliminary subdivisions and site plans in accordance with Subsections 30-62.2, 30-62.4 and 30-62.5 and with the Checklists A and B. It is recognized, however, that the MSDP, by its very nature, must, to some degree, be conceptual. Therefore, the degree of detail needed will not be as great as a conventional plan. Nevertheless, the plan shall contain sufficient information and detail to allow the Planning Board to make an informed decision as to compliance with this and other applicable ordinances with the reasonable expectation that the entire tract, when totally developed, will accomplish sound and realistic planning objectives. In order that the MSDP contains the necessary information and degree of detail necessary for the Planning Board to make a decision, a preapplication meeting with the Planning Board Engineer and a technical review coordinating committee of the Board is recommended for purposes of establishing an understanding as to the content of the application.
[Ord. No. 2-79 § 603.1; Ord. No. 9-79 § 9; Ord. No. 9-79 § 10]
a.
Minor Subdivision. A minor subdivision plat shall be based on tax map information or some other similarly accurate base at a scale (preferably not less than one inch equals 100 feet) to enable the entire tract to be shown on one sheet 24 inches by 36 inches. Minor subdivision plats shall be designed and drawn by a land surveyor licensed by the State of New Jersey. The plat shall be designed in compliance with the provisions of Subsection 30-64.1, shall be dated and shall show or include the following information:
1.
A key map showing the entire tract and its relation to surrounding
areas.
2.
The location of that portion which is to be subdivided in relation
to the entire tract.
3.
All existing structures and wooded areas within the portion to be
subdivided and within 200 feet thereof.
4.
The name of the owner of record of the tract to be subdivided and
the name of the subdivider if other than the owner.
5.
The tax map sheet, block and lot number of the tract to be subdivided.
6.
All properties within 200 feet of any part of the tract to be subdivided
and the tax map sheet, block and lot numbers and owners thereof as
disclosed by the most recent municipal tax records.
7.
All streets and roads and streams within 500 feet of the subdivision.
8.
Certification from the Tax Collector that all taxes and assessments
for local improvements on the property have been paid through the
most recent installment date.
9.
Data relating to environmental considerations as follows:
(a)
A topographic map showing the following ranges of slope:
0% to 15%
15% to 25%
25% and over
(b)
All flood hazard areas, wetlands, wooded areas and areas of
recharge soils.
(c)
Rock outcrops and approximate depths to bedrock.
(d)
The seasonal high water table in ranges of depth based on field
measurement as follows:
0' to 1/2'
1/2' to 2'
2' to 6'
6' and greater
(e)
Types and species of vegetation.
[Ord. No. 2-79 § 603.2]
The preliminary plat shall be marked "Preliminary Plat" and shall be clearly and legibly drawn or reproduced at a scale not less than one inch equals 100 feet on sheets 24 inches by 36 inches. Preliminary plats shall be designed and drawn by a professional engineer licensed by the State of New Jersey. The plat shall be designed in compliance with the provisions of Subsection 30-64.1 of this chapter, shall be dated and shall show or be accompanied by the following information:
a.
A key map showing the entire subdivision and its relation to the
surrounding areas.
c.
All properties within 200 feet of any part of the tract to be subdivided
and the tax map sheet, block and lot numbers and owners thereof as
disclosed by the most recent municipal tax records.
d.
The acreage of the tract to be subdivided to the nearest tenth of
an acre.
e.
The proposed lot layout as well as the lot area and minimum building
setback for each proposed lot.
f.
Contours at five foot intervals for slopes averaging 15% or greater
and at two foot intervals for land of lesser slope.
g.
The location of existing and proposed property lines, streets, buildings,
streams, watercourses, bridges, culverts and drain pipes.
h.
Existing and proposed easements and the widths and purposes of each.
i.
Profiles of all streets designed in accordance with the current Road
Specifications of the Township.
j.
Plans, profiles and construction details of all surface and storm
water drainage facilities, showing feasible connections to existing
or proposed systems.
k.
Plans, profiles and construction details of all sanitary sewerage
facilities, showing feasible connections to existing or proposed systems.
l.
Plans showing the location of water mains, fire hydrants, gas mains
and electric, telephone and C.A.T.V. services.
m.
A copy of any protective covenants or deed restrictions applying
to the land being subdivided.
n.
In the event that a preliminary plat or any accompanying plan or
profile is revised, a revision date shall be entered upon the particular
sheet with a notation opposite the revision date indicating the nature
of the revision made.
o.
Certification from the Tax Collector that all taxes and assessments
for local improvements on the property have been paid through the
most recent installment date.
q.
Surface and storm water drainage calculations and data and information
relating to storm water management as follows:
1.
The size and the limits of watershed(s) and the location of the site
within the watershed(s) as shown on the Surface Drainage Maps.
2.
Location, description and quantification of significant natural and
man-made features on and surrounding the site, including topography,
all impervious surfaces, soil and drainage characteristics, with particular
attention to the location and description of presently existing surface
water runoff control devices, mechanisms or areas, flood hazard areas,
wetlands, swales, woods and vegetation, recharge soils and other features
relating to storm water management control.
3.
The location and size of the nearest culvert or bridge downstream
of discharge from the site.
4.
Location, description and quantification of proposed changes to the
site whether of a permanent or temporary nature with particular attention
to impervious surfaces and interception of presently dispersed flow
which may impact upon the capacity of the soil, vegetative cover and
drainageways to absorb, retard, contain or control storm water runoff.
5.
Computation of the total surface water runoff before, during and
after any land disturbance and/or construction of impervious surfaces.
Computations shall cover the one-, five-, ten-, twenty-five-, fifty-,
seventy-five-, and 100-year storm frequencies using the Soil Conservation
Method or the Rational Method depending on which is more appropriate
in the particular instance.
6.
Proposed measures for storm water management using Bumps.
7.
A schedule of the sequence of implementation of the storm water management
plan, related to the starting and completion dates of the project
and the seasons of the year.
8.
Proposed maintenance schedule for all storm water management structures,
stipulating current maintenance, continued maintenance and responsibility
therefor.
r.
Proposed final grades for the subdivision or any portion or portions
thereof.
s.
Engineering details of any proposed improvement.
t.
A soil erosion and sediment control plan as required by the Soil
Erosion, Sediment Control and Flood Prevention Ordinance.
u.
Data relating to environmental considerations as follows:
1.
A topographic map showing the following ranges of slope:
0% to 15%
15% to 25%
25% and over
2.
All flood hazard areas, wetlands, wooded areas and areas of recharge
soils.
3.
Rock outcrops and approximate depths to bedrock.
4.
The seasonal high water table in ranges of depth based on field measurement
as follows:
0' to 1/2'
1/2' to 2'
2' to 6'
6' and greater
5.
Type and species of vegetation.
v.
Location and results of test borings and percolation tests.
[Ord. No. 20-79 § 603.3; Ord. No. 9-79 § 11]
The final plat shall be marked "Final Plat" and shall be drawn
in ink on translucent tracing or its equivalent, shall be on a sheet
24 inches by 36 inches and shall meet each and every requirement of
the Map Filing Law (1960), Chapter 141 of the Laws of 1960, N.J.S.
46:23-9.9, et seq.
The final plat shall be dated and shall show the following:
a.
Name and location of the subdivision, name and address of the owner
of record, name and address of subdivider if other than the owner,
graphic scale, and reference meridian.
b.
Tract boundary lines, right-of-way lines of streets, street names,
easements and other rights-of-way, land to be reserved or dedicated
to public use, all lot lines and other site lines with accurate dimensions,
lot areas, bearings or deflection angles, and radii, arcs, and central
angles of all curves.
c.
Each block shall be numbered, and the lots within each block shall
be numbered in accordance with the chronological scheme employed by
the Township tax map. This information shall be obtained from the
Township Engineer.
d.
The purpose of any easement or land reserved or dedicated to the
public use and the proposed use of any sites for other than residential
purposes.
e.
Minimum building setback line on all lots and other sites.
f.
Location and description of all monuments.
g.
Names of owners of adjoining lands.
h.
Certification by a licensed surveyor as to accuracy of details of
plat.
i.
Certification that the subdivider is the owner or contract-purchaser
of the land.
j.
Certification from the Tax Collector that all taxes and assessments
for local improvements on the property have been paid through the
most recent installment date.
[Ord. No. 2-79 § 603.4; Ord. No. 9-79 §§ 12-13; Ord. No. 24-81§ 6; Ord. No. 2003-018 § 2]
A preliminary site plan shall be drawn by a professional engineer licensed by the State of New Jersey in accordance with the design standards prescribed in Subsection 30-64.2 and shall be at a scale determined by the size of the property as follows:
|
Size of Property
|
Scale
|
|---|---|
|
Less than 2 acres
|
Not less than 1 inch = 30 feet
|
|
2 to 5 acres
|
Not less than 1 inch = 50 feet
|
|
5 acres or more
|
Not less than 1 inch = 100 feet
|
Said site plan shall include such details as may be necessary
to properly evaluate the application and determine compliance with
this chapter and, where applicable to the proposed use or construction,
the following information shall be clearly shown:
a.
Date, name, location of site, name of owner, graphic scale and reference
meridian.
b.
Area of the lot and all lot line dimensions.
c.
Location of all existing and proposed buildings with building setback,
side line and rear yard distances.
d.
Location of off-street parking areas with dimensions showing proposed
parking and loading spaces, with dimensions, width of proposed access
drives and aisles and traffic circulation.
e.
Data relating to environmental considerations as follows:
1.
A topographic map showing the following ranges of slope:
0% to 15%
15% to 25%
25% and over
2.
All flood hazard areas, wetlands, wooded areas and areas of recharge
soils.
3.
Rock outcrops and approximate depths to bedrock.
4.
The seasonal high water table in ranges of depth based on field measurement
as follows:
0 feet to 1/2 foot
1/2 foot to 2 feet
2 feet to 6 feet
6 feet and greater
5.
Types and species of vegetation.
f.
Elevations at the corners of all proposed buildings and paved areas
and at property corners if new buildings or paved areas are proposed.
g.
Tentative building floor plans and front, rear and side building
elevations, showing building materials, drawn by an architect or professional
engineer licensed by the State of New Jersey. The plans shall be at
a scale of not less than 1/8 inch equals one foot.
h.
Specification for and location of proposed surface paving and curbing.
i.
Location of all structures within 200 feet of the property.
j.
Surface and storm water drainage calculations and data and information
relating to storm water management as follows:
1.
The size and the limits of watershed(s) and the location of the site
within the watershed(s) as shown on the Surface Drainage Maps.
2.
Location, description and quantification of significant natural and
man-made features on and surrounding the site, including topography,
all impervious surfaces, soil and drainage characteristics with particular
attention to the location and description of presently existing surface
water runoff control devices, mechanisms or areas, flood hazard areas,
wetlands, swales, woods and vegetation, recharge soils and other,
features relative to storm water management and control.
3.
The location and size of the nearest culvert or bridge downstream
of discharge from the site.
4.
Location, description and quantification of proposed changes to the
site whether of a permanent or temporary nature with particular attention
to impervious surfaces and interception of presently dispersed flow
which may impact upon the capacity of the soil, vegetative cover and
drainage ways to absorb, retard, contain or control storm water runoff.
5.
Computation of the total surface water runoff before, during and
after any land disturbance and/or construction of impervious surfaces.
Computations shall cover the one-, five-, ten-, twenty-five-, fifty-,
seventy-five- and 100-year storm frequencies using the Soil Conservation
Method or the Rational Method depending on which is more appropriate
in the particular instance.
6.
Proposed measures for storm water management using Bumps.
7.
A schedule of the sequence of implementation of the storm water management
plan, related to the starting and completion dates of the project
and the seasons of the year.
8.
Proposed maintenance schedule for all storm water management structures,
stipulating current maintenance, continued maintenance and responsibility
therefor.
k.
Proposed storm drainage facilities, water mains, sanitary sewer lines,
water wells, waste disposal systems and other such proposed construction
on the lot, as well as existing facilities of this nature when pertinent
to any proposed use or construction.
l.
All fences, walls, sidewalks or similar features to be provided.
m.
A generalized plan for proposed landscaping showing the basic treatment
of unpaved areas and all outdoor lighting.
n.
The present status and contemplated use of all existing buildings
on the property.
o.
Location and Description of Proposed Signs and Outdoor Lighting.
For outdoor lighting, the information submitted shall include the
following:
1.
The location of all proposed outdoor lighting fixtures, including
isolux patterns or grid, demonstrating that the minimum required levels
of illumination are met, and that light pollution and "light trespass"
on adjacent properties (including public lands) has been avoided.
2.
The wattage, lumens, light source (mercury vapor, low/high pressure
sodium, metal halide, etc.) and mounting height of the proposed luminaire(s),
including angle of cutoff.
3.
A copy of the manufacturer's detail diagram of the light fixture,
indicating its appearance and design, as well as the cutoff angle
and any shielding for the fixture along with a detail diagram of any
pole upon which the fixture will be mounted, including the pole material,
and any base upon which the pole is proposed to be mounted.
4.
Designation of those fixtures, by symbols, labels or other means,
that are proposed to remain illuminated for security purposes when
the facility is not in operation.
5.
Discussion in the Environmental Impact Statement, submitted on behalf
of the application, describing the philosophy of the proposed outdoor
lighting; identification of potential adverse impacts, and steps to
be taken to mitigate potential adverse impacts.
p.
A soil erosion and sediment control plan as required by the Soil
Erosion, Sediment Control and Flood Prevention Ordinance.
r.
A physical constraints map showing location of soil types based upon
the Morris County Soil Survey.
s.
Location and results of test borings and percolation tests.
t.
Certification by a professional engineer licensed by the State of
New Jersey as to accuracy of details of the site plan.
u.
Certification that the applicant is the owner or contract purchaser
of the land.
v.
Certification from the Tax Collector that all taxes and assessments
for local improvements on the property have been paid through the
most recent installment date.
The Planning Board may require any additional information which
is reasonably necessary to ascertain compliance with the provisions
of this chapter.
If it can be demonstrated that because of peculiar conditions
relating to the property or proposed construction, any of the above
details are not necessary to properly evaluate the site plan, the
Subdivision Committee may modify or waive any of the specific site
plan details.
In reviewing the site plan, the Planning Board shall consider
its conformity to the Master Plan and the other Codes and Ordinances
of the Township. Traffic flow, circulation and parking shall be reviewed
to ensure the safety of the public and of the users of the facility
and to ensure that there is no unreasonable interference with traffic
on surrounding streets. Drainage, conservation features, aesthetics,
landscaping, and impact on surrounding development as well as on the
entire Township shall be a part of the Planning Board review. In its
review, the Planning Board may request recommendation from traffic,
conservation, recreation or other local County, State or Federal boards
or agencies which may have an interest in the particular development
for which site plan approval is being sought.
[Ord. No. 2-79 § 603.5; Ord. No. 24-81 § 7]
a.
The site plan and related drawings, including front, rear and side
building elevations, which were granted preliminary approval by the
Planning Board shall satisfy the application requirements for final
approval of a conventional site plan unless modifications, approved
by the Township Engineer, were made subsequent to preliminary approval.
In such instances, revised drawings shall be submitted with the final
site plan application. The final site plan shall include the following:
1.
Certification by a professional engineer licensed by the State of
New Jersey as to the accuracy of details of the site plan.
2.
Certification that the applicant is the owner or contract purchaser
of the land.
3.
Certification from the Tax Collector that all taxes and assessments
for local improvements on the property have been paid through the
most recent installment date.
b.
When final approval of only a section of a site plan is being sought, a final site plan of the section showing all applicable details prescribed in Subsection 30-62.4 shall be submitted.
c.
An application for final approval of other than a conventional site
plan shall generally be governed by the foregoing provisions. Depending
on the nature of the development, the Planning Board may require submission
of the additional drawings and information it deems reasonable and
within the general purposes and intent of this chapter.
d.
These provisions shall not be construed as exempting the applicant
from filing the required application forms and fees.
[Ord. No. 10-85 § 5]
A Master Development Plan under optional procedures for a large, multi-family housing development as provided in Subsection 30-61.6 shall consist of one or more maps drawn at a scale of not more than 50 feet to the inch, or other appropriate scale acceptable to the Township Engineer, and shall include such details as may be necessary to determine compliance with this chapter and permit the Planning Board to make an informed decision on the application. Said Master Plan shall be drawn by such New Jersey licensed professional person or persons, depending upon the nature of the information to be provided, in accordance with the latest adopted rules and regulations of the State professional boards.
a.
As a minimum, the following information shall be shown on a Master
Development Plan:
1.
All maps contain the date, name and location of the site, names of
the owner and applicant, graphic scale and reference meridian.
2.
Area of the tract and tract boundary line dimensions.
4.
A plan showing the location and arrangement of existing buildings
and the tentative location and arrangement of proposed buildings,
the approximate location of nonresidential buildings, streets, including
their widths, off-street parking areas with capacities, the number
and type of dwelling units by location, drawings and/or other information
indicating the general appearance of proposed buildings, areas designated
for nonresidential use and development and areas to be devoted to
open space and common space, intended for those areas.
5.
Typical road cross sections, tentative profiles of all major roads
and proposed traffic control improvements, including traffic signals,
on or adjoining the site.
6.
A utility service plan or plans showing the proposed location of
all primary water and sanitary sewer lines, pump stations, wells,
treatment plants and other appurtenant improvements, as well as connection
to electric and gas utilities. The applicant shall also submit evidence
of commitment by utilities to serve the development.
7.
A generalized storm water management plan indicating the tentative
methods for controlling drainage, including the approximate location
of storm drains, proposed detention and retention facilities, supporting
drainage calculations and any other information found necessary to
make an informed decision.
8.
A staging plan indicating the tentative sections for which preliminary
approval will be sought, the area of each section, the number and
type of dwelling units and the amount of nonresidential floor space
in each section, the infrastructure or improvements located beyond
each section but which must be provided to support that section and
the staging of on- and off-tract improvements.
9.
An environmental impact statement.
b.
The total number of multi-family housing units shown on a development plan which receives master development plan approval pursuant to Subsection 30-62.6 shall constitute the maximum number of units permitted to be constructed upon the lands forming a part of such development and shall have the effect of a restrictive covenant running with the title to the lands, which maximum number shall be binding upon the present property owner and all successor property owners, their heirs, successors and assigns. There shall be specified a maximum number of units for each section or stage of the multi-family development which is delineated on a Master Development Plan. This maximum number specified for a particular section or stage of the development shall constitute a restrictive covenant running with the title to the lands forming a part of each such section or stage of the development.
1.
These restrictions with respect to the maximum number of units which
are permitted to be constructed upon the lands forming a part of a
development receiving master development plan approval shall be appropriately
documented in the Morris County Clerk's office by the recording of
a development agreement between the owner receiving master development
plan approval and the Township, and, where subdivision approval (as
well as site plan approval) is granted, by also filing an approved
final subdivision map, which agreement and map shall state in a clear
and concise manner that the maximum number of units specified for
this development and each section or stage thereof constitute restrictive
covenants running with the title to the lands forming a part of the
multi-family housing development granted master development plan approval.
2.
Final site plan approval shall not be granted to any section or stage of such a multi-family housing development until a fully executed development agreement and, where appropriate, an approved final subdivision map have been recorded and/or filed in the Morris County Clerk's office in accordance with the requirements of Subsection 30-62.6b1.
[Ord. No. 2007-10 § 1]
A survey of the entire tract or property, prepared by a New
Jersey licensed surveyor, showing the location of the improvements
proposed or the portion to be divided therefrom, giving all distances
and showing all roads abutting or traversing the property. Development
boundaries shall be clearly delineated. At a minimum, two corners
of the proposed plan or plat shall have horizontal coordinates and
vertical values shown, based upon municipal monumentation. Municipal
monumentation is based upon horizontal coordinates of the New Jersey
System of Plane Coordinates (NJSPC NAD, 83) and vertical values of
the North American Vertical Datum (NAVD, 88). If municipal monumentation
is not available, other monumentation having values of these datums
can be used. Monument identification and associated values must be
noted on the plan or plat. The plan or plat shall be prepared in an
electronic format having horizontal and vertical values as outlined
above suitable for import of the drawing files into the Township of
Chatham GIS and the Morris County GIS systems.
[Ord. No. 2-79 § 604]
Prior to the granting of final approval, the applicant shall have installed or furnished performance guarantees as set forth in Subsection 30-61.4 for the ultimate installation of the improvements described below. All improvements shall be subject to approval and inspection by the Township Engineer, who shall be notified by the developer at least two weeks prior to the start of construction of any improvement. No underground installation shall be covered until inspected and approved.
[Ord. No. 2-79 § 604.1]
a.
Streets and Curbs. The subdivider shall install streets and curbs
in accordance with the current Road Specifications of the Township
of Chatham. Until a street is accepted for maintenance by the Township,
the subdivider shall maintain the street, including the plowing of
snow, in order to provide vehicular access to every dwelling fronting
upon the street for which a certificate of occupancy has been issued.
b.
Sidewalks. Whenever sidewalks or walkways are required, the subdivider
shall construct them in accordance with the Sidewalk Specifications
of the Township. Wherever a driveway crosses a sidewalk, all of the
driveway within the road right of way, including the driveway apron,
shall be paved in accordance with the requirements for driveway crossings
as set forth in such Specifications.
c.
Street Signs. The subdivider shall furnish and install street signs
at each street intersection, such signs to be of a design approved
by the Township.
d.
Underground Electric, Gas, Telephone and C.A.T.V. Utilities. For
every major subdivision the subdivider shall arrange with the serving
utility for the underground installation of the utility's distribution
supply lines in accordance with the provisions of the applicable Standard
Terms and Conditions incorporated as part of its tariff as the same
are then on file with the State of New Jersey Board of Public Utility
Commissioners and shall submit to the Planning Board prior to the
granting of final approval a written instrument from each serving
utility which shall evidence full compliance with the provisions of
this paragraph, provided, however, that lots in such subdivisions
which abut existing streets where overhead electric or telephone distribution
supply lines have heretofore been installed on any portion of the
street involved, may be supplied with electric and telephone service
from those, overhead lines or extensions thereof, but the service
connections from the utility's overhead lines shall be installed underground.
e.
Surface and Storm Water Drainage. The subdivider shall provide culverts,
catch basins, pipe lines and appurtenant facilities to adequately
receive, transmit and dispose of surface and storm waters from the
subdivision, all in accordance with Bumps for storm water management.
f.
Water Supply. Where the public water supply system is reasonably
accessible, each lot within the subdivision area shall be provided
with public water by the required extension of water mains and connections
thereto. Where the public water supply system is not reasonably accessible,
the subdivider shall be required to construct individual wells or
a private water supply system in such a manner that an adequate supply
of potable water will be available to every lot in the subdivision
at the time improvements are erected thereon. The adequacy, healthfulness
and potableness of the water supply shall be subject to the approval
of the Board of Health and the Township, the State Department of Environmental
Protection when required.
g.
Sanitary Sewers.
1.
Where a public sanitary sewer system is reasonably accessible and
capacity available, each lot within a subdivision area shall be provided
with sewage disposal facilities by the required extension of sewer
mains and connections thereto, the costs thereof to be borne by the
subdivider. All such installation of sewer mains and connections shall
be constructed in accordance with the specifications and requirements
of the Township and shall be subject to the approval of the Township
Engineer.
2.
Where a public sanitary sewer system is not reasonably accessible,
the subdivider may be required to install sewer lines and a sanitary
sewer disposal plant at its own cost and expense and in accordance
with the specifications and requirements of the Township and all such
installations shall be subject to the approval of the Board of Health,
the State Department of Environmental Protection, and the Township
Engineer.
3.
Where a public sanitary sewer is not reasonably accessible and where installation of sewer lines and a sanitary sewer disposal plant is not required, in accordance with Subsection 2 above hereof, the subdivider may be required by the Planning Board to install within the subdivision a complete sewer pipe system including provision for connection thereto at each lot provided there is reliable information to indicate that connection of the development to a public sanitary, sewerage system can be anticipated within a reasonable period of time. Under such circumstances, the subdivider shall be required to install individual sewage disposal system for each lot at the time improvements are erected thereon. All such individual sewage disposal systems shall be constructed in accordance with the requirements of the State Department of Environmental Protection and the Township Board of Health and all such sewer pipe system shall be constructed in accordance with the requirements of the Township and shall be subject to the approval of the Township Engineer.
h.
Shade Trees. When required by the Planning Board, the subdivider
shall plant shade trees in the front yard of each residential lot
in the subdivision as designated by the Planning Board. The trees
shall meet the following requirements: they shall be at least two
inches in caliper measured by six inches above ground level, and not
less than 12 feet in height; they shall be single stem, and shall
be free of branches approximately 60% of their height; the height
of branching shall bear an appropriate relationship to the size and
kind of tree, so that the crown will be in good balance with the trunk
as the tree grows; and they shall be of a species recommended by the
Morris County Agricultural Agent for the particular soils and growing
conditions of the site.
i.
Top Soil Protection. Top soil shall not be removed from a subdivision.
For purposes of this provision top soil shall be the existing top
six inches of arable soil. Top soil from road surfaces and foundation
excavations shall be scraped and stored during the course of construction
and redistributed upon the completion of construction so as to provide
an even cover to all yard areas opened during the course of development
of any lot. Redistributed top soil shall be stabilized by seeding
or planting.
j.
Monuments. The subdivider shall install monuments in accordance with
the requirements of the provisions of Section 3 of The Map Filing
Law (1960), Chapter 141 of the Laws of 1960, N.J.S. 46:23-9.11.
k.
Test Borings. The Planning Board may also require that test borings
be performed where environmental data indicates that soil conditions
may not be suitable to support any proposed construction.
[Ord. No. 2-79 § 604.2]
Prior to the granting of final approval, the applicant shall have installed or furnished performance guarantees as set forth in Subsection 30-61.4 for the ultimate installation of any required public on-tract improvements as the same are described in Subsection 30-63.1. In addition, the Planning Board may require the installation of on-site improvements, as described in Subsection 30-63.3 below, prior to the granting of final approval and which it finds essential before the issuance of a construction permit and may require the furnishing of performance guarantees to insure completion of remaining improvements. All such improvements shall be subject to approval and inspection of the Township Engineer.
[Ord. No. 2-79 § 604.3; Ord. No. 2003-018 § 3]
a.
Pavement. All parking and loading areas, driveways and other vehicular
service areas shall be paved in accordance with Township Standards.
b.
Drainage. Adequate provision shall be made for storm drainage facilities,
all in accordance with Bumps for stormwater management.
c.
Marking. All parking and loading spaces shall be appropriately marked
with painted lines.
d.
Lighting. Adequate lighting of all parking and loading areas shall be provided as required by the Planning Board pursuant to Subsection 30-64.2g.
e.
Screening. All off-street parking and loading areas shall be effectively
screened on any side which adjoins or faces premises situated in any
residential zones, by a fence or wall not less than nor more than
six feet in height, maintained in good condition provided, however,
that a screening or hedge or other natural landscaping may be substituted
for the required fence or wall if approved by the Planning Board.
The fence as required by this section may be waived by the Planning
Board if, in the Board's judgment, because of topographic or other
unusual conditions, said fence is not necessary to screen adjoining
residential property. The Planning Board may require construction
of landscaped berms up to a height of five feet with slopes not exceeding
a grade of 50%.
f.
Curbing. Parking areas and driveways shall be enclosed by granite
block curbing.
g.
Sidewalks. Sidewalks shall be constructed in appropriate locations
between buildings and parking areas as approved by the Planning Board.
h.
Landscaping. All portions of the property not used for off-street
parking shall be attractively landscaped with grass lawns, trees and
shrubs as approved by the Planning Board. Shade trees shall be installed
within or along any parking area containing 10,000 square feet or
more in accordance with a landscaping plan to be approved by the Planning
Board upon recommendation of the Shade Tree Commission. One tree shall
be required for each 10,000 square feet of parking area or part thereof.
Unless otherwise directed by the Planning Board, distances of 40 feet
between shade trees and 20 feet between ornamental trees shall be
maintained and sufficient space provided around each tree to separate
it from the paved parking area. Trees within parking areas shall be
located in protective curbed islands.
i.
Utilities. All uses shall be provided with adequate water supply
and sanitary disposal facilities, all in accordance with applicable
local and State requirements.
j.
The Planning Board may require items of construction such as retaining
walls, guard rails, safety fencing, traffic barricades, or other devices
necessary in the interest of public safety and convenience.
k.
The Planning Board may also require that test borings be performed
where environmental data indicates that soil conditions may not be
suitable to support any proposed construction.
[Ord. No. 2-79 § 605.1; Ord. No. 9-79 § 34; Ord. No. 11-81 § 1; Ord.
No. 96-20 § 1; Ord. No.
96-28 § 2; Ord. No. 97-010 § 2; Ord. No. 98-019 § 3; Ord. No. 99-007 § 4; Ord. No. 99-029 § 1; Ord. No. 2006-01 § 1]
a.
General. The applicant shall observe the following requirements and
principles of land subdivision in the design of each subdivision or
portion thereof:
1.
Development Pattern. The subdivision plat shall conform to design
standards that will encourage orderly and harmonious development patterns
within the Township.
2.
Conformance to Master Plan and Official Map. Where either or both
an Official Map or Master Plan has been adopted, the subdivision shall
conform to the proposals and conditions shown therein. The streets,
drainage, rights-of-way, bikeways, school sites, public parks and
playgrounds shown on an official adopted Master Plan or Official Map
shall be considered in the approval of subdivision plats.
3.
Further Conformance. Where not shown on the Master Plan or Official
Map, streets and drainage rights-of-way shall be shown on the final
plat in accordance with the applicable statutes of New Jersey and
shall be such as to lend themselves to the harmonious development
of the Township.
b.
Streets.
1.
General. Streets shall be designed and constructed in accordance
with all applicable requirements of this chapter.
2.
Arrangement. The arrangement of streets not shown on the Master Plan
or Official Map shall be such as to provide for the appropriate extension
of existing streets.
3.
Minor Streets. Minor streets shall be so designed as to discourage
through traffic.
4.
Access. Subdivisions abutting an arterial street shall provide a
service road or reverse frontage with a buffer strip or planting or
some other means of separation of through and local traffic as the
Planning Board may determine appropriate.
5.
Right-of-Way Width. The right-of-way width shall be measured from
lot line to lot line and shall not be less than 50 feet unless a greater
width is shown on the Master Plan or Official Map.
6.
Pavement Width. The pavement width of public streets shall be measured
from curb to curb and shall not be less than 30 feet unless a greater
width is shown on the Master Plan or Official Map.
7.
Service Roads. The right-of-way and pavement width for internal roads
in commercial and industrial developments shall be determined on an
individual basis and shall in all cases be of sufficient width and
design to safely accommodate the maximum traffic, parking and loading
needs and maximum access for fire fighting equipment.
8.
Grades. Grades of all streets in general shall conform to topography
and shall not be less than 1% nor greater than 10%.
9.
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 placed in the governing
body under conditions approved by the Planning Board.
10.
Existing Streets. Subdivisions that adjoin or include existing streets
that do not conform to the widths as shown on the Master Plan or Official
Map or the street width requirements of this chapter shall dedicate
additional width along either one or both sides of said road. If the
subdivision is along one side only, 1/2 of the required extra width
shall be dedicated.
11.
Intersections. Street intersections shall be as nearly at right angles
as is possible and in no case shall be less than 60°. The block
corners at intersections shall be rounded at the curbline with curve
having a radius of not less than 25 feet and rounded at the property
line. No more than two streets shall meet or intersect at any one
point.
12.
Street Jogs. Street jogs with center line offsets of less than 125
feet shall be prohibited.
13.
Tangents. A tangent shall be introduced between reverse curves as
required by the Planning Board.
14.
Street Line Deflection. When connecting street lines deflect from
each other at any one point by more than 10° and not more than
45°, they shall be connected by a curve with a radius of not less
than 100 feet for minor streets and 300 feet for major streets.
15.
Lines of Sight. All streets shall be designed with adequate lines
of site.
16.
Changes in Grade. All changes in grade shall be connected by vertical
curves of sufficient radius to provide a smooth transition and proper
sight distance.
17.
Dead-End Streets (cul-de-sac). Dead-end streets (permanent cul-de-sacs)
shall be permitted only when a plan for a future extension of a street
is impracticable. Where a dead-end street is permitted, a fully paved
and curbed turnaround shall be located at the end of the street. The
turnaround shall have a paved roadway radius of 50 feet tangent whenever
possible to the right-hand side of the street (incoming traffic),
provided, however, that the design of the turnaround shall be compatible
with lot layout, proposed final grades, driveway entrances, drainage
and snow removal, and a turnaround of teardrop design having a minimum
right-of-way radius of 65 feet may be required by the Planning Board
whenever deemed appropriate.
All other terminations shall consist of temporary cul-de-sacs
meeting the following specifications and requirements:
(a)
The street right-of-way to be dedicated by the subdivider shall
be continued at its full width to the boundary of the subdivision
tract;
(b)
A temporary turnaround shall be constructed at the end of the
street with a paved roadway radius of 50 feet, which radius shall
be measured from a point along the center line of the street right-of-way
at a distance of 50 feet from the boundary of the subdivision;
(c)
The temporary turnaround shall be fully paved and shall be provided
with a bituminous curb;
(d)
At the time of final subdivision approval the subdivider shall
furnish to the Township an easement for so much of the turnaround
as lies outside of the dedicated street right-of-way, which easement
may be released by the Township in the event that the street is extended
upon the development of adjacent land; and
(e)
The building setbacks for buildings on lots subject to the easement
referred to in (d) above shall not be affected by such easement;
(f)
The subdivider shall be required to pay to the Township at the
time of final subdivision approval an amount equal to the cost as
estimated by the Township Engineer of the following work to be performed
by the Township upon the future extension of a street which is terminated
with a temporary cul-de-sac: removing the pavement and bituminous
curb which lies outside the normal thirty-foot wide paved street,
extending the curbing to the boundary of the subdivision tract, restoring
the road, and topsoiling and seeding the areas beyond the curbing
installed. All amounts received by the Township in accordance with
the requirements of this provision shall be maintained in a separate
account by the Township.
18.
No street shall have a name which will duplicate or so nearly duplicate
as to be confused with the name of any existing street. The continuation
of an existing street shall have the same name. All street names shall
be subject to the approval of the Planning Board.
19.
Sidewalks shall be installed at those locations designated in the
Master Plan.
c.
Blocks.
1.
Block length and width or acreage within bounding streets shall be
such as to accommodate the size of lot required in the area by the
Township Land Development regulations and to provide for convenient
access, circulation control and safety of street traffic.
2.
In blocks over 1,000 feet long, the Planning Board may require easements
for pedestrian walkways extending from street to street at locations
deemed appropriate. The easement shall be 10 feet in width. The walkways
shall be located in the center of the easement and shall be paved
in accordance with the Sidewalk Specifications of the Township.
3.
The distances between intersecting streets shall not be in excess
of 1,200 feet. The Planning Board may, however, require shorter block
lengths when deemed to be in the interest of the Township.
d.
Lots.
1.
Lot dimensions and area shall not be less than the requirements of
the Township Land Development Ordinance as set forth in this chapter,
provided that, in residential districts, no lot shall have a depth,
measured perpendicular to the curbline, of less than 175 feet, except
for lots in the R-4 Zone which shall not be less than 100 feet in
depth.
2.
Insofar as practical, side lot lines shall be at right angles to
straight streets and radial to curved streets.
3.
Each lot must front upon a street having a right-of-way at least
50 feet in width.
4.
Where extra width has been dedicated for widening of existing streets,
lot areas shall be computed from such extra width line and all setbacks
shall be measured from such line.
5.
Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as rock formations, flood
conditions or similar circumstances, the Planning Board may, after
adequate investigation, withhold approval of such lots. The Planning
Board may also require that provision be made for conservation easements
in environmentally sensitive areas.
6.
All single-family residential lots within the R-1, R-1A, R-2, R-2A,
R-2B-1, R-2B-2, R-3, R-5 and R-5A Zones that are created in a subdivision
shall have a minimum usable lot area of 7,000 square feet in which
the dwelling and other permitted structures shall be constructed.
e.
Easements and Natural Features.
1.
Easements along rear property lines or elsewhere for utility installation
may be required. Such easements shall be at least 15 feet wide and
located in consultation with the companies or Township Departments
concerned.
2.
Where a subdivision is traversed by a watercourse, drainage way channel
or stream, there shall be provided a storm water easement or drainage
right-of-way conforming substantially with the lines of such watercourse,
and such further width or construction, or both, as will be adequate
for the purpose.
3.
Natural features such as trees, brooks, hilltops and views shall
be preserved whenever possible in designing any subdivision containing
such features.
f.
Residential Cluster Development. Any subdivision employing the use
of residential cluster development where permitted by this chapter
shall adhere to the following standards:
1.
The subdivision development plan will not result in a greater dwelling
unit density than if the property in question were developed without
residential clustering. In order to demonstrate compliance with this
provision, the applicant shall submit a qualifying plan showing a
conventional subdivision in sufficient detail to demonstrate that
all zoning and development standards will be satisfied.
2.
The open space area shall not be less than the aggregate of the amounts
by which lot areas have been reduced from the minimum lot area requirements.
3.
Any area reserved as permanent open space shall be suitable for its
intended purpose and shall be at a location and of a shape as approved
by the Planning Board.
4.
The open space area shall be reserved in perpetuity either by dedication
for public use or for use by the residents of the development by private
covenant or deed restriction for one of the following purposes:
5.
Provision shall be made to ensure suitable maintenance of any area to be reserved by private covenant or deed restriction by the establishment of a property owners' association or other appropriate organization pursuant to § 30-66.
6.
Nothing contained herein shall be construed to require the Planning
Board to approve any subdivision employing clustering if said subdivision
is in conflict with any provision of this chapter or the Township
Master Plan or if said subdivision will in any way result in a land
use pattern that will adversely affect that portion of the Township
in which it falls.
7.
Residential clustering (where permitted by this chapter) is optional
with the subdivider and the foregoing requirements apply only if such
option is exercised.
g.
Lot Size Averaging. Where permitted by this chapter, the Planning
Board may approve a subdivision employing the use of lot size averaging
as defined in this chapter when the reduction in the size of some
lots and the corresponding increase in the size of other lots will
result in a more logical development pattern as a result of rock formations,
steep slopes, existing vegetation or other physical conditions. The
deed for any lot so created shall contain a restriction against its
further subdivision for the purpose of creating an additional lot
or lots except when such further subdivision would be allowed by amendment
to this chapter. In order to determine the maximum number of lots
that may be included in the proposed subdivision employing lot size
averaging, the applicant shall submit a qualifying plan showing a
conventional subdivision in sufficient detail so as to demonstrate
that all zoning and development standards will be satisfied.
h.
Protection of Critical Areas. All subdivisions shall be designed
so that, to the greatest extent possible, critical areas, the disturbance
of which could result in flooding, erosion, sedimentation, loss of
valuable vegetation, impairment of water quality or quantity, or other
substantial harm to the environment or to human habitation, shall
be left undisturbed. The applicant shall employ such development techniques,
including Bumps, to demonstrate that development can take place without
causing such adverse impacts on the environment and without detriment
to the public health, safety and general welfare. Whenever wetlands
are present on land which is the subject of an application for development,
which wetlands could be impacted by the proposed development, the
Planning Board may require that all such wetlands and transition areas
surrounding such wetlands be protected by a conservation easement
given by the developer to the Township.
i.
On-Site Storm Water Management. The applicant shall establish adequate
measures for on-site storm water management, including Bumps, meeting
the following requirements:
1.
The rate of the runoff from the site following completion of the
development shall not exceed that which existed prior to development
and every practicable effort shall be made to minimize any increase
in volume and to maintain and/or improve the quality of runoff which
existed prior to development.
2.
Maximum use shall be made of presently existing storm water runoff
control devices, mechanisms or areas such as existing berms, terraces,
grass waterways, favorable hydrologic soils, swamps, swales, watercourses,
woodlands, flood plains, as well as any proposed retention structures.
3.
The plans shall avoid the concentration of flow and shall provide
for dissipation of velocities at all concentrated discharge points.
4.
For calculating runoff and controls, the applicant may use the Soil
Conservation Service Method or the Rational Method depending upon
which is more appropriate in the particular instance. Computations
shall cover the one-, five-, ten-, twenty-five-, fifty-, seventy-five-
and 100-year storm frequencies.
5.
All outfalls are to be designed in a manner to retard velocities
at the outfall and provide stream channel protection.
6.
Due consideration shall be given to the relationship of the subject
property to the natural or established drainage pattern of the watershed(s)
of which it is a part.
7.
The use of conservation restrictions is encouraged.
8.
Surface water runoff shall generally not be transferred from one
watershed to another.
9.
All water carrying structures and/or retention areas shall be completed
and stabilized prior to diversion of water to them.
10.
Innovative stormwater runoff control and recharge devices, such as
rooftop storage, drywells, cisterns, roof drain infiltration trenches,
are encouraged provided they are accompanied by detailed engineering
plans and performance capabilities.
11.
The on-site stormwater management measures shall be coordinated with
any required soil erosion and sediment control plan.
j.
Energy Conservation.
1.
General. All subdivisions shall, to the greatest degree possible,
follow energy efficient design principles and maximize the use of
renewable energy sources. Within the limits of practicability and
feasibility, the criteria listed below shall be followed.
2.
Streets. Streets shall be so oriented as to permit the buildings
to be constructed thereon to maximize solar gain. Where possible,
streets shall run in an east-west direction.
3.
Lots. Lots shall also be oriented as to permit buildings to be constructed
thereon to maximize solar gain. Where possible, the long access of
a lot shall run in a north-south direction.
4.
Topography. The development shall take advantage of topographic features
to maximize solar gain and afford protection from winter winds. Where
possible, development shall be oriented to southerly slopes.
5.
Vegetation. Maximum use shall be made of natural vegetation which
will afford protection from winter winds and provide shading in summer.
k.
Nonstructural Stormwater Management Best Management Practices. Notwithstanding
any other provision of this chapter to the contrary, the Township
hereby adopts and incorporates herein by reference the current nonstructural
stormwater management strategies as the same may be amended and supplemented
from time to time and as are set forth in N.J.A.C. 7:8-1 et seq. The
applicant shall compare current nonstructural stormwater management
practices as set forth in the aforesaid regulation to the standards
set forth in this chapter. In the event of any conflict between the
provisions of this paragraph and the current nonstructural stormwater
management regulations, the more stringent of the provisions or regulations
shall be controlling. Except as provided herein, the approving board
shall only approve developments which comply with the provisions of
N.J.A.C. 7:8-1 et seq. as amended to the maximum extent feasible considering
the constraints of the specific development project. Any Township
regulation that is less stringent than said regulations shall be superseded
by the provisions of N.J.A.C. 7:8-1 et seq. as amended.
[Ord. No. 2-79 § 605.2; Ord. No. 9-79 § 14; Ord. No. 9-81 § 3; Ord.
No. 11-81 § 2; Ord. No.
20-81 §§ 3, 4; Ord.
No. 28-85 §§ 3 - 5; Ord. No. 26-86 § 1; Ord.
No. 3-92 § 1; Ord. No.
97-007 § 2; Ord. No. 98-019 § 4; Ord. No. 99-007 § 5; Ord. No. 99-029 § 2; Ord. No. 2003-018 §§ 4, 5; Ord. No. 2006-01 § 1]
a.
In general, site plans shall follow the principles of design relating
to subdivisions where applicable.
b.
The provisions of this chapter with respect to height, minimum lot
areas, mandatory open spaces and the like shall be complied with.
c.
Adequate provision shall be made for off-street parking in accordance
with this chapter and adequate traffic circulation, traffic safety
and protection to adjoining property shall be provided.
d.
Adequate provision shall be made for the disposal of stormwater as
approved by the Township Engineer.
e.
The location, design or construction of any building shall not involve
risks of traffic congestion, public safety or hazard.
f.
The design or construction of any building or use shall not be so
markedly incongruous with the character of the neighborhood as to
materially affect the value of adjacent or nearby property.
g.
Outdoor lighting in site plans shall be provided in accordance with
the following:
1.
Lighting in connection with off-street parking and driveways shall
be so arranged and shielded as to reflect the light downward and away
from adjoining streets or properties.
2.
Fixtures.
(a)
All proposed outdoor lighting shall conform with the Illuminating
Engineers Society (IES) criteria for true cutoff fixtures (90% of
the fixture light output must be contained within the 0° to 60°
range from vertical).
(b)
No portion of the light source or direct lamp image shall be
visible beyond a distance equal to two mounting heights from the luminaire.
(c)
No portion of the light source or direct lamp image shall be
visible from any adjacent property line or right-of-way line.
(d)
Light levels measured at property lines or right-of-way lines
shall not exceed 0.2 foot-candles as a direct result of any proposed
light fixture, except that light fixtures used to illuminate the intersection
of driveways at the street are exempt from this restriction.
(e)
Fixtures mounted on the underside of overhanging building elements,
such as soffits or canopies, shall be fully recessed.
(f)
Freestanding lights in parking lots shall be protected to avoid
damage by vehicles and incorporated into landscaped areas. Ground
covers and/or bushes shall be used to screen the base of a raised-based
lighting fixture.
(g)
Shade trees shall be planted no closer than 10 feet from any
freestanding fixture.
(h)
The maximum mounting height within 25 feet of a residential
zone district or residential use shall be 12 feet.
3.
Standards for Nonresidential Development.
(a)
Minimum Levels of Illumination.
(1) Walkways: 1.0 footcandle.
(2) Parking areas, access drives, and private interior streets:
0.5 footcandle.
(3) Intersections: 1.0 footcandle.
(b)
Maximum Mounting Height.
(1) Walkways: 12 feet.
(2) Parking areas, access drives, and private interior streets:
18 feet.
(3) Intersections: 18 feet.
4.
Standards for Multifamily and Institutional Development.
(a)
Minimum Levels of Illumination.
(1) Walkways/bikeways: 0.2 footcandle.
(2) Parking areas, access drives, and private interior streets:
0.5 footcandle.
(3) Intersections: 1.0 footcandle.
(b)
Maximum Mounting Height.
(1) Walkways/bikeways: 12 feet.
(2) Parking areas, access drives, and private interior streets:
18 feet.
(3) Intersections: 18 feet.
5.
Hours of Operation. All lights, except those required for security,
shall be extinguished within one hour after the end of business hours,
and remain extinguished until one hour prior to the commencement of
business hours.
h.
All parking areas shall provide for adequate ingress and egress and safe and convenient traffic circulation. Access drives and aisles shall be of sufficient width to permit safe access to parking spaces and safe traffic movement. The landscaping requirements of Subsection 30-63.3h shall be complied with.
i.
Off-street parking areas shall be used solely for the parking of
passenger automobiles and no commercial repair work or service of
any kind shall be conducted on the parking lot nor shall such lots
be used for the parking of disabled, dismantled, inoperable or unregistered
vehicles.
j.
Each parking space shall have a minimum length of 18 feet and a minimum
width of nine feet measured perpendicular to the axis of the length.
If approved by the Planning Board, up to 50% of the parking spaces
required for an employee-type facility may be sized for small cars
with a minimum length of 15 feet and a minimum width of 7.5 feet measured
perpendicular to the axis of the length.
k.
All parking areas shall be designed with service aisles to meet the
following standards:
|
Parallel Parking
|
12 foot aisle width
|
|
30° Angle Parking
|
12 foot aisle width
|
|
45° Angle Parking
|
13 foot aisle width
|
|
60° Angle Parking
|
18 foot aisle width
|
|
90° Angle Parking
|
24 foot aisle width
|
In addition, there shall be a minimum distance between
parallel parking spaces of six feet when found necessary to provide
for convenient access.
l.
Off-Street Parking and Loading Requirements. All off-street parking
and loading areas, except for parking which is accessory to one- or
two- family dwellings, shall, unless otherwise provided by this chapter,
meet the location requirements prescribed in the following schedule.
|
SCHEDULE
| ||||
|---|---|---|---|---|
|
Minimum Distances in Feet for Location of Parking and Loading
Areas
| ||||
|
Zone (A)
|
From Bldgs. (B)
|
From Streets
|
From Property Lines (E)
|
From Res. Zones (E)
|
|
R-1
|
10
|
25
|
25
|
25
|
|
R-1A
|
10
|
25
|
25
|
25
|
|
R-2
|
10
|
25
|
25
|
25
|
|
R-2A
|
10
|
25
|
25
|
25
|
|
R-2B-1
|
10
|
25
|
25
|
25
|
|
R-2B-2
|
10
|
25
|
25
|
25
|
|
R-3
|
10
|
25
|
25
|
25
|
|
R-4
|
10
|
25
|
25
|
25
|
|
R-5
|
10
|
25
|
25
|
25
|
|
R-5A
|
10
|
25
|
25
|
25
|
|
R-6A
|
10
|
25
|
25
|
25
|
|
R-6B
|
10
|
25
|
25
|
25
|
|
R-7
|
10
|
25
|
25
|
25
|
|
AH
|
10
|
25
|
10
|
25
|
|
B-1
|
5(C)
|
10
|
10
|
25
|
|
B-2
|
5(C)
|
10(D)
|
10
|
25
|
|
PI-1
|
5(C)
|
10
|
10
|
25
|
|
PI-2
|
5(C)
|
10
|
10
|
25
|
|
PCD
|
10
|
25
|
25
|
25
|
|
(A) All uses except one-family dwellings
|
|
(B) Loading areas and parking spaces adjoining garage
doors excepted
|
|
(C) 10 feet from front of building
|
|
(D) 75 feet if lot area is 2 acres or larger in
size
|
|
(E) Areas must be buffered pursuant to Subsection
30-63.3E
|
m.
Parking and Loading Space Requirements.
1.
Off-Street Parking. Except as otherwise provided in this chapter,
for all new buildings or uses or additions to existing buildings or
uses in all zone districts, there shall be provided the number of
parking spaces required by the specific use as prescribed in the following
schedule:
|
Uses
|
Required Parking Spaces
| ||
|---|---|---|---|
|
One-family dwellings
|
2 for each dwelling(A)
| ||
|
Quadruplex and Townhouse dwellings
| |||
|
one- and two-bedroom unit
|
5 for each 2 dwelling units(B)(C)
| ||
|
three- or more-bedroom unit
|
3 for each dwelling unit(B)(C)
| ||
|
Garden Apartments
| |||
|
one-bedroom unit
|
2 for each dwelling unit(B)(C)
| ||
|
two- or more-bedroom unit
|
5 for each 2 dwelling units(B)(C)
| ||
|
Churches, auditoriums, including school auditoriums, theaters
|
1 for each 3 seating spaces
| ||
|
Assembly halls, community buildings, private membership clubs,
institutions
|
1 for each 100 square feet of floor area
| ||
|
Nursing homes
|
1 for each bed
| ||
|
Community residences under Subsection 30-99.7
|
2 for each developmentally disabled person or victim of domestic
violence
| ||
|
Retail stores or service establishments
|
1 for each 200 square feet of floor area
| ||
|
Restaurants
|
1 for each 50 square feet of floor area
| ||
|
Banks
|
1 for each 100 square feet of floor area
| ||
|
Office Buildings
| |||
|
Less than 50,000 square feet of floor area
|
1 for each 200 square feet of floor area
| ||
|
Office Buildings
| |||
|
50,000 square feet or more of floor area
|
3 for each 1,000 square feet of floor area
| ||
|
Buildings for tennis, squash and the like
|
2 for each person accommodated in maximum play
| ||
|
Funeral homes
|
1 for each 3 seating accommodations
| ||
|
Executive Inn
|
1 for each sleeping unit plus additional parking for other facilities
available to persons other than overnight guests as follows:
| ||
|
Restaurant-As specified elsewhere in this schedule
| |||
|
Conference/Banquet/Ballroom Facilities - 1 for each 100 square
feet of floor area
| |||
|
Health Spa/Recreation Facilities - 1 for each 200 square feet
of floor area
| |||
|
Assisted living Residences
|
2 for each 3 apartment units
| ||
|
(A)
|
Includes up to 1 space per dwelling unit in a required garage
or carport
| |
|
(B)
|
Includes up to 1 space per dwelling unit required in an enclosed
garage
| |
|
(C)
|
In addition, the Planning Board may require as many as 1 parking
space for each 5 dwelling units in the development to serve clubhouses,
swimming pools and other accessory facilities
| |
|
(a)
|
For any building or use not listed above, there shall be provided
1 parking space for each 200 square feet of floor area
| |
|
(b)
|
Any building containing more than 1 use shall meet the combined
parking space requirements for all uses in the building. Any change
in use within a building shall be required to meet the minimum parking
requirements for the new use
| |
|
(c)
|
Where the above schedule results in a fraction of a space, fractions
under 1/2 shall be disregarded and all others shall require 1 full
space
| |
|
(d)
|
If it can be clearly demonstrated that because of the peculiar
nature of any use, all the required parking is not necessary, the
Planning Board may permit a reduction in the amount of parking area
provided; but in such event, the entire required parking area shall
be shown on the site plan so that it will be available in the event
future conditions should so require
| |
|
2.
|
Off-Street Loading Space Requirements. In all districts, for
every building or use requiring the receipt or distribution in vehicles
of materials or merchandise, there shall be maintained on the same
premises with such building or use at least 1 off-street loading space
| |
|
(a)
|
Each loading space shall be at least 12 feet in width, 30 feet
in length and have a fourteen-foot clearance above grade, provided,
however, that the Planning Board may require additional length of
up to 55 feet depending on the length of vehicles using said space
| |
|
(b)
|
Such space shall be located in the side or rear yard only, but
in no case in a side yard adjoining a street
| |
|
(D)
|
The Planning Board may allow initial construction of only 1
off-street parking space for each 2 units with the difference deferred
to future construction if needed; provided, however, that the entire
amount of required parking, in accordance with all other ordinance
requirements, must be shown on the site plan
| |
n.
Protection of Critical Areas. All site plans shall be designed so
that, to the greatest extent possible, critical areas, the disturbance
of which could result in flooding, erosion, sedimentation, loss of
valuable vegetation, impairment of water quality or quantity or other
substantial harm to the environment or to human habitation, shall
be left undisturbed. The applicant shall employ such development techniques,
including Bumps, to demonstrate that development can take place without
causing such adverse impacts on the environment and without detriment
to the public health, safety and general welfare. Whenever wetlands
are present on land which is the subject of an application for development,
which wetlands could be impacted by the proposed development, the
Planning Board may require that all such wetlands be protected by
a conservation easement given by the developer to the Township.
o.
On-Site Storm Water Management. The applicant shall establish adequate measures, employing Bumps, for on-site storm water management in accordance with the standards established in Subsection 30-64.1i.
p.
Building and Site Design.
1.
Purpose. The provisions of this section are intended to promote the
health, safety and general welfare of the Township by:
(a)
Promoting good quality of design and attractive appearance of
property;
(b)
Preserving and enhancing natural features and the natural environment;
(c)
Contributing to the amenities and attractiveness of an area
so as to maintain and improve the economic value and stability of
property; and
(d)
Encouraging the most appropriate use and development of the
property and adjacent properties.
2.
Design Standards. The following standards shall be utilized by the
Planning Board in reviewing all site plans. These standards are intended
to provide a frame of reference for the applicant in the development
of site and building plans as well as a method of review for the reviewing
authority. These standards shall not be regarded as inflexible requirements
nor are they intended to discourage creativity, invention and innovation.
The specification of one or more particular architectural styles is
not included in these standards.
(a)
Preservation of Landscape. The landscape shall be preserved
in its natural state, insofar as practicable and where desirable by
minimizing tree and soil removal, and any grade changes shall be in
keeping with the general appearance of neighboring developed areas.
Landscape treatment that is appropriate to the area and the terrain
and which will enhance the overall appearance of the site shall be
employed.
(b)
Relation of Proposed Buildings to Environment. Proposed structures
shall be related harmoniously to the terrain and to existing buildings
in the vicinity that have a visual relationship to the proposed buildings.
Such relationship shall be achieved by:
(1)
Architectural design which is harmonious with the character
of existing development.
(2)
The use of exterior colors, facade or roof materials or the
combination of colors and materials that are harmonious.
(3)
The relationship of design features such as height and mass,
building proportions, roof lines, building projections and ornamental
features that will create a coordinated and harmonious appearance.
(c)
Design of Building Walls. All four sides of a building should
contribute to the architectural unity of the building. The use of
large, unbroken masses is discouraged. All walls are to be constructed
of durable-material requiring low maintenance. Desirable materials
such as brick, stone, glass, pre-cast concrete and wood when properly
treated, are encouraged. Where durability and performance are questionable,
the applicant may be asked to provide a manufacturer's guarantee or
proof of durability from an independent testing laboratory certification.
The use of exposed concrete block is prohibited, unless the same is
textured. Metal siding should not be used to such an extent that it
will be a dominant architectural feature.
(d)
Open Space, Circulation and Parking. Open spaces, access driveways
and the location and design of parking areas shall be in scale with
the project as a whole. Special attention shall be given to location
and number of access points to the public streets, width of interior
drives and access points, general interior circulation, separation
of pedestrian and vehicular traffic, and arrangement of parking areas
that are safe and convenient and, insofar as practicable, do not detract
from the design of proposed buildings and structures and the neighboring
properties.
(e)
Special Features. Exposed storage areas, exposed machinery installations
including roof installations, service areas, truck loading areas,
utility buildings and structures, and similar accessory areas and
structures shall be so located and screened with plantings or by other
methods to prevent their being incongruous with the existing or contemplated
environment and the surrounding properties.
(f)
Utility Service. Electric and telephone lines shall be underground.
Any utility installations remaining above ground shall be located
so as to have a harmonious relation to neighboring properties and
the site.
(g)
Advertising Features. There shall be no building or feature
which is representational, e.g. Brown Derbys, Ice Cream Cones, Polar
Bears, etc. There shall be no ragged outlines of buildings clearly
used as eyecatchers and not required for internal functions.
(h)
Lighting. There shall be adequate controls of all illumination,
sky glow and glare. The provisions of Subsection 30-64.2.g shall apply.
(i)
Barrier-Free Construction. Barrier-free construction for handicapped
persons shall be included as required by law.
(j)
Energy Conservation. All site plans shall, to the greatest degree
possible, follow energy efficient design principles and maximize the
use of renewable energy sources. Within the limits of practicability
and feasibility, the criteria listed below shall be followed.
(1)
Buildings shall be oriented to maximize solar gain. Where possible,
building walls with the greatest number of windows or window area
shall face in a southerly direction. The use of active and passive
solar energy gain systems in buildings is encouraged.
(2)
Buildings shall be arranged to provide maximum protection to
each other in terms of energy consuming elements.
(3)
The use of energy efficient building materials and colors is
encouraged.
(4)
Site arrangement shall take advantage of topographic features
to maximize solar gain and afford protection from winter winds.
(5)
Natural vegetation and landscaping, including fences, walls
and earthworks shall be utilized to maximize protection from wind,
channel breezes and shade buildings and pavement.
(6)
The site shall be designed to minimize pavement and afford efficient
circulation. The use of footpaths and bike paths in multifamily housing
developments, in order to reduce motor vehicle use, is encouraged.
q.
Site Maintenance. All buildings, paved areas, landscaping and other
site facilities and improvements shall be adequately maintained at
all times. Dead trees or shrubs shall be replaced by the owner. Failure
of the owner to comply with these provisions within 30 days of notification
by the Zoning Official, weather permitting, shall be a violation of
this chapter.
r.
All other applicable provisions of this chapter shall be met.
s.
The applicant shall obtain all necessary approvals of any State,
County or municipal agencies.
t.
The Planning Board shall give consideration to such other elements
or aspects of the site plan or proposed use as may relate to the design
of the plan, the general environment of the area or the health, safety
and general welfare of the public.
u.
Nonstructural Stormwater Management Best Management Practices. Notwithstanding
any other provision of this chapter to the contrary, the Township
hereby adopts and incorporates herein by reference the current nonstructural
stormwater management strategies as the same may be amended and supplemented
from time to time and as are set forth in N.J.A.C. 7:8-1 et seq. The
applicant shall compare current nonstructural stormwater management
practices as set forth in the aforesaid regulation to the standards
set forth in this chapter. In the event of any conflict between the
provisions of this paragraph and the current nonstructural stormwater
management regulations, the more stringent of the provisions or regulations
shall be controlling. Except as provided herein, the approving board
shall only approve developments which comply with the provisions of
N.J.A.C. 7:8-1 et seq. as amended to the maximum extent feasible considering
the constraints of the specific development project. Any Township
regulation that is less stringent than said regulations shall be superseded
by the provisions of N.J.A.C. 7:8-1 et seq. as amended.
[Ord. No. 2006-9 § 1;
amended 11-12-2020 by Ord. No. 2020-21]
a.
Scope and purpose.
1.
Policy statement. Flood control, groundwater recharge, and pollutant
reduction 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. It is the purpose of this subsection to establish minimum stormwater management requirements and controls for "major development," as defined in Subsection b.
3.
Applicability.
4.
Compatibility with other permit and ordinance requirements. Development
approvals issued for subdivisions and site plans pursuant to this
subsection are to be considered an integral part of development approvals
under the subdivision and site plan review process and do not relieve
the applicant of the responsibility to secure required permits or
approvals for activities regulated by any other applicable code, rule,
act, or ordinance. In their interpretation and application, the provisions
of this subsection shall be held to be the minimum requirements for
the promotion of the public health, safety, and general welfare. This
subsection 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 subsection imposes
restrictions different from those imposed by any other ordinance,
rule or regulation, or other provision of law, the more restrictive
provisions or higher standards shall control.
b.
COMMUNITY BASIN
COMPACTION
CONTRIBUTARY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
DISTURBANCE
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOOD
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREAS
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
1.
2.
3.
4.
5.
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.
3.
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
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONES
URBAN REDEVELOPMENT AREA
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions. Unless specifically defined below, words or phrases
used in this section shall be interpreted so as to give them the meaning
they have in common usage and to give this article its most reasonable
application.
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 subsection.[2]
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 Board of County Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
[Amended 6-24-2021 by Ord. No. 2021-16]
The New Jersey Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission, such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or 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, by any person,
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
lands, 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; habitat 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 one or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of regulated impervious surface
since February 2, 2004;
The creation of 1/4 acre or more of regulated motor vehicle
surface since March 2, 2021; or
A combination of Subsection b2 and 3 above that totals an area
of 1/4 acre or more. The same surface shall not be counted twice when
determining if the combination area equals 1/4 acre or more.
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 b1, 2, 3, or 4 above. Projects undertaken by any government
agency that otherwise meet the definition of "major development" but
which do not require approval under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., are also considered major development.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft and is directly exposed to
precipitation, including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this subsection. 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 subsection. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this subsection, provided the design engineer demonstrates to the municipality, in accordance with Subsection d6 of this subsection 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 subsection.
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, the Township of Chatham, or political subdivision of
this state subject to municipal jurisdiction pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
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 basin may either
be normally dry (that is, a detention basin or infiltration basin),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any structural or nonstructural strategy, practice, technology,
process, program, or other method intended to control or reduce stormwater
runoff and associated pollutants, or to induce or control the infiltration
of 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.[3]
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 water 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."
[2]
Editor's Note: The former definitions of "CAFRA Centers, Cores,
or Nodes" and "CAFRA Planning Map," which immediately preceded, were
repealed 6-24-2021 by Ord. No. 2021-16.
[3]
Editor's Note: The former definition of "tidal flood hazard
area," which immediately followed, was repealed 6-24-2021 by Ord. No. 2021-16.
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 subsection apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or water quality
management plan adopted in accordance with Department rules. Note:
Alternative standards shall provide at least as much protection from
stormwater-related loss of groundwater recharge, stormwater quantity
and water quality impacts of major development projects as would be
provided under the standards in N.J.A.C. 7:8.
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 quantity, and stormwater runoff quality requirements of Subsection d16, 17 and 18:
(a)
The construction of an underground utility line, provided that
the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground utility line, provided that
the existing conditions are maintained to the maximum extent practicable;
and
(c)
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
4.
A waiver from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsection d16, 17 and 18 may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(a)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(d)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection d4(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection d16, 17 and 18 that were not achievable on-site.
5.
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection d15, 16, 17 and 18. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f), Tables 5-1, 5-2 and 5-3, and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey stormwater best management practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at https://njstormwater.org/bmp_manual2.htm.
6.
Where the BMP tables in the NJ Stormwater Management Rule are different
due to updates or amendments with the tables in this subsection, the
BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f)
shall take precedence.
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 d2. 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 d7 are subject to the contributory drainage area limitation specified at Subsection d7 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 d7 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 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection 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 subsection, 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 d15(d).
11.
Any application for a new agricultural development that meets the definition of "major development" at Subsection b shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection d15, 16, 17 and 18 and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
12.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection d16, 17 and 18 shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
13.
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the office of the Morris County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection d15, 16, 17 and 18 and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection j2(e). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
[Amended 6-24-2021 by Ord. No. 2021-16]
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 subsection and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the office of the Morris County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection 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.
[Amended 6-24-2021 by Ord. No. 2021-16]
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 and 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.
(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, 17 and 18.
(e)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection d16, 17 and 18, unless the project is granted a waiver from strict compliance in accordance with Subsection d4.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Cistern
|
0%
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0%
|
No
|
Yes
|
2
|
|
Grass swale
|
50% or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0%
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a)(g)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80%
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80%
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60% to 80%
|
No
|
No
|
—
|
|
(Notes corresponding to annotations(a) through (g) are found after 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
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Bioretention system
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80%
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80%
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90%
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations(b) through (d) are found after 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
|
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 d15(b);
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of "green infrastructure" at Subsection b;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection b.
|
|
Best Management Practice
|
Maximum Contributory Drainage Area
(acres)
|
|---|---|
|
Dry well
|
1
|
|
Manufactured treatment device
|
2.5
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed 3 times the area occupied
by the BMP
|
|
Small-scale bioretention systems
|
2.5
|
|
Small-scale infiltration basin
|
2.5
|
|
Small-scale sand filter
|
2.5
|
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 post-construction
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 d16(d) below.
(d)
The following types of stormwater shall not be recharged:
(1)
Stormwater from areas of high pollutant loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with Department-approved remedial action work plan
or landfill closure plan and areas with high risks for spills of toxic
materials, such as gas stations and vehicle maintenance facilities;
and
(2)
Industrial stormwater exposed to source material. "Source material"
means any material(s) or machinery, located at an industrial facility,
that is directly or indirectly related to process, manufacturing or
other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
17.
Stormwater runoff quality standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
(b)
Stormwater management measures shall be designed to reduce the
postconstruction load of total suspended solids (TSS) in stormwater
runoff generated from the water quality design storm as follows:
(1)
Eighty percent TSS removal of the anticipated load, expressed
as an annual average, shall be achieved for the stormwater runoff
from the net increase of motor vehicle surface.
(2)
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
(c)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection d17(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(d)
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
|
Table 4
Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
(e)
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
|
|
Where:
| ||
|
R
|
=
|
total TSS percent load removal from application of both BMPs.
|
|
A
|
=
|
the TSS percent removal rate applicable to the first BMP.
|
|
B
|
=
|
the TSS percent removal rate applicable to the second BMP.
|
(f)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. 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, 17 and 18.
(g)
In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as "FW1."
(h)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(i)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(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, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the preconstruction runoff hydrographs for the same
storm events;
(2)
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the preconstruction condition, in the
peak runoff rates of stormwater leaving the site for the two-, ten-
and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(3)
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75% and 80%, respectively, of the preconstruction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
(4)
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance Subsection d18(b)(1), (2) and (3) above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
(c)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
e.
Calculation of stormwater runoff and groundwater recharge.
1.
Stormwater runoff shall be calculated in accordance with the following:
(a)
The design engineer shall calculate runoff using one of the
following methods:
(1)
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16, Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(2)
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The Rational and Modified Rational
Methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the soil conservation districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
soil conservation district is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlSt
andardsComplete.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 at Subsection e1(a)(1) and the Rational and Modified Rational Methods at Subsection e1(a)(2). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(c)
In computing 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 and 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 tail water 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
Ground-Water 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.
(a)
The "Standards for Soil Erosion and Sediment Control in New
Jersey" promulgated by the State Soil Conservation Committee and incorporated
into N.J.A.C. 2:90. Copies of these standards may be obtained by contacting
the State Soil Conservation Committee or any of the soil conservation
districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address,
and telephone number of each soil conservation district may be obtained
from the State Soil Conservation Committee, P.O. Box 330, Trenton,
New Jersey 08625; (609) 292-5540;
(b)
The Rutgers Cooperative Extension Service, (732) 932-9306; and
(c)
The Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4.
The location, address, and telephone number of each soil conservation
district may be obtained from the State Soil Conservation Committee,
PO. Box 330, Trenton, New Jersey, 08625, (609) 292-5540.
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 g1(b) below.
(a)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(1)
The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines;
(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. 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; or
(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 g1(a) above does not apply:
(1)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than 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.
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 subsection sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This section applies to any new stormwater management BMP.
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 h3(a), (b) and (c) for trash racks, overflow grates, and escape provisions at outlet structures.
3.
Requirements for trash racks, overflow grates and escape provisions.
(a)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the stormwater management
BMPs 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.
(4)
The trash rack shall be constructed and installed to be rigid,
durable, and corrosion resistant and shall be designed to withstand
a perpendicular live loading of 300 pounds per square foot.
(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 be 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. Such safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one 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 standards. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the appropriate reviewing agency (municipality,
county or Department) that the variance or exemption will not constitute
a threat to public safety.
5.
Safety ledge illustration.
|
Elevation View - Basin Safety Ledge Configuration
 |
i.
Requirements for a site development stormwater plan.
1.
Submission of site development stormwater plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this subsection, 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 applicant's application for subdivision or site plan approval.
(b)
The applicant shall demonstrate that the project meets the standards
set forth in this subsection.
2.
Site development stormwater plan approval. The applicant's site development
project shall be reviewed as a part of the subdivision or site plan
review process by the municipal board or official from which municipal
approval is sought. That municipal board or official shall consult
the engineer retained by the Planning and/or Zoning Board (as appropriate)
to determine if all of the checklist requirements have been satisfied
and to determine if the project meets the standards set forth in this
subsection.
3.
Site development stormwater plan checklist requirements. 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 environs.
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 plan(s). 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 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 of proposed
changes in natural conditions may 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 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 post-development conditions for the design storms specified in Subsection d of this section.
(2)
When the proposed stormwater management control measures (e.g.,
infiltration basins) 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 subsection may, in consultation with the Municipal Engineer, waive submission of any of the requirements in Subsection i3(a) through (f) of this subsection when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
j.
Maintenance and repair.
2.
General maintenance.
(a)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(b)
The maintenance plan shall contain specific preventative maintenance
tasks and schedules; cost estimates, including estimated cost of sediment,
debris, or trash removal; and the name, address, and telephone number
of the person or persons responsible for preventative and corrective
maintenance (including replacement).
The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
(c)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
(d)
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
(e)
If the person responsible for maintenance identified under Subsection j2(c) above is not a public agency, the maintenance plan and any future revisions based on Subsection j2(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(f)
Preventative and corrective maintenance shall be performed to
maintain the function of the stormwater management measure, including
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 person responsible for maintenance identified under Subsection j2(c) above shall perform all of the following requirements:
(1)
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(2)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(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 section shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
k.
Violations and penalties. Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this part shall be subject, upon conviction, to the penalties provided in § 1-5, General Penalty. Each violation shall constitute a separate offense.
l.
Effective date. This subsection shall be in full force and effect
from and after its adoption and any publication as required by law.
m.
Severability. Each section, subsection, sentence, clause and phrase
of this subsection is declared to be an independent section, subsection,
sentence, clause and phrase, and the finding or holding of any such
portion of this subsection to be unconstitutional, void, or ineffective
for any cause, or reason, shall not affect any other portion of this
subsection.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 7-92 and 10-92.
[Ord. No. 95-001 § 1; Ord. No. 96-002; Ord. No.
97-001 § 1; Ord. No. 2006-10 § 1; repealed by Ord. No. 2017-20]
[Ord. No. 2-79 § 606]
In the case of a subdivision or site plan for a planned development,
such as a residential cluster, townhouse development or multi-family
development, the Planning Board shall find the following facts and
conclusions:
a.
Departures by the proposed development from zoning regulations otherwise
applicable to the subject property conform to the zoning standards
in Article 7.
b.
The proposals for maintenance and conservation of the common open
space are reliable, and the amount, location and purpose of the common
open space are adequate.
c.
Provision through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation and visual enjoyment
are adequate.
d.
The proposed development will not have an unreasonably adverse impact
upon the area in which it is proposed to be established.
e.
In the case of a proposed development which contemplates construction
over a period of years, the terms and conditions intended to protect
the interests of the public and of the residents, occupants and owners
of the proposed development in the total completion of the development
are adequate.
[Ord. No. 2-79 § 606.1]
The arrangement and location of garages, parking areas and internal
roadways shall be subject to approval of the Planning Board and shall
be designed to insure maximum safety, proper circulation and maximum
convenience for residents and their guests.
[Ord. No. 2-79 § 606.2]
All common open spaces shall be attractively landscaped with
grass lawns, trees and shrubs and/or provision shall be made for the
preservation of existing trees and natural features.
[Ord. No. 2-79 § 607]
In the case of a residential cluster, the developer shall provide
for an organization for the ownership and maintenance of any open
space for the benefit of owners or residents of the development, unless
said open space is to be dedicated to the Township.
[Ord. No. 2-79 § 607.1]
Such organization shall not be dissolved and shall not dispose
of any open space, by sale or otherwise, except to an organization
conceived and established to own and maintain the open space for the
benefit of such development, and thereafter such organization shall
not be dissolved or dispose of any of its open space without first
offering to dedicate the same to the Township.
[Ord. No. 2-79 § 607.2]
In the event that such organization shall fail to maintain the
open space in reasonable order and condition, the Zoning Officer shall
so notify such organization in writing and said notice shall include
a demand that such deficiencies of maintenance be cured within 35
days thereof, and shall state the date and place of a hearing thereon
which shall be held within 50 days of the notice. At such hearing,
the governing body may modify the terms of the original notice as
to deficiencies and may give a reasonable extension of time not to
exceed 65 days within which they shall be cured. If the deficiencies
set forth in the original or in the modification thereof shall not
be cured within said 35 days or any permitted extension thereof, the
governing body, in order to preserve the open space and maintain the
same for a period of one year may enter upon and maintain such land.
Such entry and maintenance shall not vest in the public any rights
to use the open space except when the same is voluntarily dedicated
to the public by the owners. Before the expiration of said year, the
governing body shall upon its initiative or upon the request of the
organization theretofore responsible for the maintenance of the open
space, call a public hearing upon 15 days' written notice to such
organization and to the owners of the development, to be held by the
governing body, at which hearing such organization and the owners
of the development shall show cause why such maintenance by the municipality
shall not, at the election of the municipality, continue for a succeeding
year. If the governing body shall determine that such organization
is ready and able to maintain said open space in reasonable condition,
the municipality shall cease to maintain said open space at the end
of said year. If the governing body shall determine such organization
is not ready and able to maintain said open space in a reasonable
condition, the municipality may, in its discretion, continue to maintain
said open space during the next succeeding year, subject to a similar
hearing and determination, in each year thereafter. The decision of
the governing body in any such case shall constitute a final administrative
decision subject to judicial review.
[Ord. No. 2-79 § 607.3]
The cost of such maintenance by the municipality shall be assessed
pro rata against the properties within the development that have a
right of enjoyment of the open space in accordance with assessed value
at the time of imposition of the lien, and shall become a lien and
tax on said properties and be added to and be a part of the taxes
to be levied and assessed thereon, and enforced and collected with
interest by the same officers and in the same manner as other taxes.
[Ord. No. 2-79 § 608.1]
The purpose of requiring an Environmental Impact Statement is
to permit the Planning Board and Environmental Commission to assess
the impact of a proposed project upon the environment, particularly
with respect to land, water, air, solid wastes, aquatic and terrestrial
wildlife, social and economic life, and aesthetics.
[Ord. No. 2-79 § 608.2; Ord. No. 9-79 § 35]
An Environmental Impact Statement is required for all preliminary
major subdivisions and for preliminary site plans involving any new
building or structure or soil removal operation.
An Environmental Impact Statement as required herein shall also
be submitted covering all public and quasipublic projects unless they
are exempt from the requirements of local law by supervening County,
State or Federal law.
[Ord. No. 2-79 § 608.3; Ord. No. 9-79 § 35]
The Environmental Impact Statement requirements of this section cover the most complex cases and the entire contents may not be applicable to less complex projects. Therefore an outline with discussion shall be submitted to the Planning Board prior to the preparation of an Environmental Impact Statement. The outline will address briefly the items described in Subsections 30-67.4 and 30-67.5 below and discuss which of these items are environmentally significant with regard to the proposed project. The discussion shall describe the depth of study for these items and how their environmental impact will be evaluated. Additionally those items upon which the proposed project will have insignificant or no environmental impact shall also be discussed with the request that these items need not be addressed in the environmental impact statement. The Planning Board will submit the outline to the Township Engineer. The approval of the outline does not relieve the applicant from including additional items of environmental impact which may be revealed during the conduct of the impact statement nor does it prevent the Planning Board from including additional items as necessary at a later date.
An Environmental Impact Statement shall be submitted prior to
the issuance of soil removal permits and prior to preliminary approval
of a major subdivision or site plan involving any new building or
structure.
[Ord. No. 2-79 § 608.4]
The Environmental Impact Statement shall include the following:
a.
Plan and Description of Proposed Project. A project description,
complete with site plans, which shall specify the purpose of the proposed
project, including products and services, if any, being provided,
the regional, municipal and neighborhood setting, including building,
roads, grading and regrading, adjacent natural streams and utility
lines.
b.
Inventory of Existing Natural Resources. An inventory of existing
natural resources at the project site and in the affected region which
shall describe air quality, water quality, geological character, soil
characteristics, land form, hydrological features, wildlife, aquatic
organisms, noise characteristics and levels, land use, history and
archeology. Said inventory shall be referenced to applicable subject
matter of the ChathamTownship Natural Resources Inventory. Air and
water quality shall be described with reference to standards promulgated
by the Department of Environmental Protection of the State of New
Jersey and soils shall be described with reference to the Morris County
Soil Survey and the criteria contained in the Morris County Soil Conservation
District Standards and Specifications.
c.
Assessment of Environmental Impact of Project. An Assessment supported
by environmental data of the environmental impact of the project upon
the factors described in b above. It shall also include an evaluation
of: water use and depletion; liquid and solid wastes on quality and
quantity of surface and ground waters; air quality; traffic and the
aquatic and terrestrial wildlife. The assessment shall also include
an evaluation of the loss of open space and the social and economic
effects on the community, including schools, parks, roads, police,
fire, etc.
d.
Unavoidable Adverse Environmental Impacts. Discuss any adverse environmental
impacts and damages to natural resources which cannot be avoided with
particular emphasis upon: air or water pollution; damage to plant,
tree or wildlife systems; displacement of existing farms; increase
in sedimentation and siltation.
e.
Steps to Minimize Environmental Damage. A description of steps to
be taken to minimize adverse environmental impacts during construction
operation and completion both at the project site and in the affected
region. Such description is to be accompanied by necessary maps, schedules
and other explanatory data as may be needed to clarify and explain
the actions to be taken.
f.
Alternatives. A discussion of alternatives to the proposed project
which might avoid some or all of the adverse environmental effects
of the proposed project. The discussion should include the reasons
for the acceptability or nonacceptability of each alternative.
[Ord. No. 2-79 § 608.5; Ord. No. 11-81 § 3]
a.
Sewerage Facilities. A description of the sewerage facilities that
will be utilized including the following:
If disposal is on site: data on underlying geology, water table,
depth to rock, solid analysis, soil stratigraphy, percolation tests
for every sewage disposal site, topography, location and depth of
aquifers, and depth, capacity, and type of construction and location
of all wells which have been recorded or can be obtained from interviews
with adjacent property owners within 500 feet of site; soil logs and
percolation tests for each disposal site as witnessed by the Board
of Health, and any other pertinent data, or
If disposal is off-site: projected sewer discharges stated in
average daily flows (gallons per day) for initial phase and five and
six year projections for each of the following categories: 1. residential
discharges and 2, industrial/commercial discharges described as follows:
type of process; projected daily flows; physical characteristics including
temperature; biological characteristics; and chemical characteristics,
including description of toxic components.
Treatment Facilities. If treatment is by public facilities:
name of public facility and point of connection and description of
interconnecting facilities.
If project is to include treatment facilities discharging into
a stream or watercourse: location of treatment facilities; receiving
stream and data on stream classification; water quality, seven day
low flow at ten year frequency; description of treatment facilities
and proposed effluent quality; and evaluation of initial and future
deleterious effects on use of stream for water supply, recreation
and aquatic and terrestrial wildlife. Evaluation shall include effect
of nutrients on downstream ponds and lakes.
Compliance with all State and local health requirements.
b.
Water Supply. A description of water supply that will be utilized
including the following:
If supply is from on-site sources: location of water supply
source(s); description of water supply facilities, including type,
depth, and pumping rates; location and depth of all private and public
water supplies and septic systems within 500 feet of the proposed
water sources; and geologic evaluation of subsurface conditions including
statements on the following:
1.
Long term evaluation of adequacy of the supply to serve the project
(in terms of both quantity and quality);
2.
Evaluation of possible interference with existing private and public
water supplies up to a five mile radius; and
3.
Evaluation of water table conditions and aquifer recharge capability.
If supply is from public facilities off-site: name of public
facility; point(s) of interconnection and description of interconnecting
facilities; pressure requirements; and projected water usage stated
in average daily usage (gallons per day); peak daily usage (gallons
per day) and peak hourly usage (gallons per hour). Water usage shall
also state initial phase and for five and ten year projections for
each of the following categories:
4.
Fire Protection Requirements: Compliance with all State (including
Division of Environmental Protection, Bureau of Water Control) requirements
and local health regulations.
c.
Storm Water. Submit the following data and documentation:
1.
Peak rates and volume of storm water runoff expected from undeveloped
site and to be generated by proposed project. Include rates for one-,
five-, ten-, twenty-five-, fifty-, seventy-five-, and 100-year storm
frequencies having durations equal to the time of concentration.
2.
Data on landscaping, vegetation map, tree and ground cover, existing
on the site compared with that proposed.
3.
Discuss changes in peak rates and volume of storm water runoff and
runoff coefficients caused by changes in land use and whether or not
there will be any increased incidents of flooding caused by increased
storm water runoff due to the proposed project.
4.
Submission of plans for disposition of storm water and attempt to
delay the time of concentration by the use of detention basins or
other acceptable methods.
5.
Submission of a soil erosion and sediment control plan in accordance
with requirements of the Soil Erosion, Sediment Control and Flood
Prevention Ordinance.
Stream Encroachments: An encroachment permit is required from
the New Jersey Department of Environmental Protection, Division of
Water Resources for fill or diversion of a water channel, alteration
of a stream, repair or construction of a bridge, culvert, reservoir,
dam, wall, pipeline or cable crossing.
Flood Plains: Description of potential flood damages including
a summary of flood stages from State and Federal sources.
d.
Solid Waste Disposal. A plan for disposal by means of a facility
operating in compliance with Federal, State, Regional, County and
local requirements.
e.
Air Pollution. A description of any changes in air quality to be
produced by the proposed development, including the amounts or degree
of smoke, heat or other air pollutants to be added to the atmosphere
or created by heating, incineration and processing operations.
f.
Traffic. Determine the present volume and capacity of the road(s)
serving the project and the nearest major intersection and set forth
projected volumes for the same upon completion of the project. Also
determine additional air pollution and noises to be caused thereby.
g.
Social/Economic. An analysis of the factors affecting the finances
of the Township which shall include, the estimated changes in tax
receipts and fiscal outlay for municipal services; estimated number
and types of jobs to be provided; calculation of the number of school
age children to be produced; and any addition to existing municipal
services rendered by the project.
h.
Aesthetics. Discuss how the natural or present character of area
will be changed as a result of the proposed action.
i.
Energy Conservation. A description of the site in terms of its physical orientation to solar access and prevailing winds, addressing the building and site design and arrangement in terms of energy efficient principles and maximum utilization of renewable energy sources following criteria established in Subsection 30-64.1j or Subsection 30-64.2p2(j), as the case may be.
j.
Licenses, permits, etc. A list of all licenses, permits and other
approvals required by municipal, County or State law and the status
of each. In the case of a site plan, include a copy of the site plan
application.
k.
Planning Board Review - Conditions.
1.
In reviewing an Environmental Impact Statement the Planning Board
shall take into consideration the effect of the proposed project upon
all aspects of the environment including, but not limited to, sewage
disposal, water quality, water supply, preservation of trees and vegetation,
protection of water courses, protection of air resources, protection
of aquifers, protection of public lands and their uses and eco-systems,
and the creation of any nuisance factors. The Planning Board will
submit the Environmental Impact Statement for review to the Environmental
Commission and may submit such Statement to such other governmental
bodies and to such consultants as it may deem appropriate. The Planning
Board shall request that an advisory report shall be made to it by
the governmental body or consultant within 45 days of the submission
of the Environmental Impact Statement to such governmental body or
consultant. The Planning Board shall reject the proposed project on
an environmental basis, only if it determines that the proposed project
(a) will result in appreciable harm to the natural environment, (b)
has not been designed with a view toward the protection of natural
resources and (c) will place an excessive demand upon the total resources
available for such project and for any future projects.
2.
Conditions. The steps to be taken to minimize the adverse environmental impacts during construction and operation under Subsection 30-67.4e and the alternatives which may be approved by the Planning Board under Subsection 30-67.4f shall constitute conditions of the approval of the Environmental Impact Statement, together with such other conditions as the Planning Board may impose. No certificate of occupancy shall be issued until compliance shall have been made with the conditions.
3.
Waiver. The Planning Board, at its sole discretion, may waive the
requirement for an Environmental Impact Statement, in whole or in
part, upon receipt of a written request, if sufficient evidence is
submitted to support a conclusion that the proposed project will have
a negligible environmental impact or that a complete Environmental
Impact Statement need not be prepared in order to evaluate adequately
the environmental impact of a project.
[Ord. No. 2-79 § 609; Ord. No. 29-87 § 1]
The Planning Board when acting upon applications for preliminary
or minor subdivision approval or for preliminary site plan approval
shall have the power to grant such exceptions from the requirements
for approval as may be reasonable and within the general purpose and
intent of the provisions herein, if the literal enforcement of one
or more provisions herein is impracticable or will exact undue hardship
because of peculiar conditions pertaining to the land in question.
The grant of any exception pursuant to the provisions of this § 30-68 shall be based upon specific findings of fact and conclusions which shall be set forth in the resolution of approval of the application for development.
[Ord. No. 2-79 § 610]
If, before final subdivision approval has been granted, any
person transfers or sells, except pursuant to an Agreement expressly
conditioned on final subdivision approval, as owner or agent, any
land which forms a part of a subdivision, such person shall be subject
to a penalty not to exceed $1,000, and each lot disposition so made
may be deemed a separate violation.
In addition to the foregoing, the Township may institute and
maintain a civil action:
For injunctive relief; and
To set aside and invalidate conveyance made pursuant to such
a contract of sale if a certificate of compliance has not been issued
in accordance with Section 44 of the Municipal Land Use Law (N.J.S.
40:55D-56).
In any such action, the transferee, purchaser or grantee shall
be entitled to a lien upon the portion of the land, from which the
subdivision was made that remains in the possession of the developer
or his assigns or successors, to secure the return of any deposits
made or purchase price paid, and also, a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years,
if unrecorded.
