Township of Blairstown, NJ Article 19-500 General Provisions and Design Standards [1]

[1] Note: The Residential Site Improvement Standards (New Jersey Administrative Code, Title 5, Chapter 21), dated January 6, 1997 and promulgated by the New Jersey Department of Community Affairs, became law on June 3, 1997. This section of the Land Use Regulations Ordinance of Blairstown Township adopts by reference the Residential Site Improvement Standards as applicable to Blairstown Township for residential construction. The specific sections of this chapter which contain references to and/or provisions of the Residential Site Improvement Standards are § 19-502 (Drainage facilities for stormwater management), § 19-511 (Off-street parking areas, loading areas and accessways for nonresidential uses), § 19-514 (Sanitary sewerage systems), § 19-517 (Streets, curbs and sidewalks) and § 19-519 (Water supply facilities).

§ 19-501 Appearance of buildings.

A. Buildings within residential zoning districts. No building within the R-5 Single-Family Residential and the VR Village Residential Zoning Districts shall be constructed or altered to be architecturally inharmonious with the residential character of the subject area.

[Amended 4-4-2001 by Ord. No. 2001-03]

B. Single-family detached dwellings. The Township Committee of Blairstown Township hereby finds that uniformity in the exterior design and appearance of single-family detached dwellings within close proximity to each other tends to adversely affect the character of the subject residential area. Therefore, it is the purpose of this subsection to reasonably prevent the uniformity in the design and appearance of single-family detached dwellings within close proximity to each other which are part of an approved major residential subdivision consisting.

(1) Except as provided for in this subsection, no construction permit shall be issued for any detached dwelling unit within a development consisting of two or more detached dwelling units if it is substantially similar in exterior design with any neighboring dwelling unit situated on another lot, either on the same side of the street or on the opposite side of the street, unless the two lots are separated by as distance of at least 150 feet.

(2) Detached dwelling units shall be considered substantially similar in exterior design if they have any one of the following three architectural characteristics:

(a) The same basic dimensions and floor plans are used without significant differentiation to the exterior elevations;

(b) The architectural design of the roofs are without significant change in appearance; or

(c) The architectural design of windows and front door entranceways are without significant change in appearance.

(3) Utilizing the three architectural characteristics listed in Subsection 19-501B(2) hereinabove, a different number of designs for detached dwelling units shall be required for developments consisting of a different number of total dwelling units as follows:

(a) There shall be not less than two different designs in every development consisting of eight or less total detached dwelling units;

(b) There shall be not less than three different designs in every development consisting of between nine and 15 total detached dwelling units;

(c) There shall be not less than four different designs in every development consisting of between 16 and 24 total detached dwelling units;

(d) There shall be not less than five different designs in every development consisting of between 25 and 50 total detached dwelling units;

(e) There shall be not less than six different designs in every development consisting of between 51 and 100 total detached dwelling units;

(f) There shall be not less than seven different designs in every development consisting of between 101 and 150 total detached dwelling units; and

(g) There shall be not less that eight different designs in every development consisting of more than 150 total detached dwelling units.

(4) The requirements of this subsection shall not be considered satisfied where minor changes or deviations to architectural plans and/or lot location surveys are made for the primary purpose of circumventing the requirements of this subsection.

(5) The different designs proposed by a applicant shall be identified by the applicant as to model and elevation and shall be reviewed and approved by the Land Use Board at the time of final subdivision approval.

[Amended 4-11-2012 by Ord. No. 2012-02]

(6) In order to ensure conformity with the requirements of this subsection and the final subdivision approval by the Board, at the time application is made for each construction permit for each detached dwelling unit, the developer shall provide a map of the approved final subdivision to the Construction Official with a clear indication of the model and elevation of each dwelling unit for which a construction permit has been issued, or is requested to be issued.

§ 19-502 Stormwater management.

[Amended 6-14-2006 by Ord. No. 2006-06; 4-11-2012 by Ord. No. 2012-02]

A. Scope and purpose.

(1) Policy statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure Best Management Practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low-impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.

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

(3) Applicability.

(a) This section shall be applicable to all site plans and subdivisions to the following major developments that require preliminary of final site plan or subdivision review:

[1] Nonresidential major developments; and

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

(b) This section shall also be applicable to all major developments undertaken by the Township of Blairstown.

(4) Compatibility with other permit and local ordinance requirements. Development approvals issued pursuant to this section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

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

CAFRA CENTERS, CORES or NODES

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

CAFRA PLANNING MAP

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

COMMUNITY BASIN

An infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this chapter.

COMPACTION

The increase in soil bulk density.

CONTRIBUTORY DRAINAGE AREA

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

CORE

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

COUNTY REVIEW AGENCY

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

(1) A county planning agency; or

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

DEPARTMENT

The Department of Environmental Protection.

DESIGN ENGINEER

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

DESIGNATED CENTER

A state development and redevelopment plan center as designated by the State Planning Commission, such as urban, regional, town, village, or hamlet.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural land, development means any activity that requires a state permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

DISTURBANCE

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

DRAINAGE AREA

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

EMPOWERMENT NEIGHBORHOODS

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

ENVIRONMENTALLY CONSTRAINED AREA

The following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership, such as wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

ENVIRONMENTALLY CRITICAL AREA

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

EROSION

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

GREEN INFRASTRUCTURE

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

(1) Treating stormwater runoff through infiltration into subsoil;

(2) Treating stormwater runoff through filtration by vegetation or soil; or

(3) Storing stormwater runoff for reuse.

HUC 14 or HYDROLOGIC UNIT CODE 14

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

IMPERVIOUS SURFACE

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

INFILTRATION

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

LEAD PLANNING AGENCY

One or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.

MAJOR DEVELOPMENT

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

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

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

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

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

(2) Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection B(1)(a), (b), (c) or (d) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major development.

MOTOR VEHICLE

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

MOTOR VEHICLE SURFACE

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

MUNICIPALITY

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

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

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

NODE

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

NUTRIENT

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

PERSON

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

POLLUTANT

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

RECHARGE

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

REGULATED IMPERVIOUS SURFACE

Any of the following, alone or in combination:

(1) A net increase of impervious surface;

(2) 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);

(3) The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or

(4) The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.

REGULATED MOTOR VEHICLE SURFACE

Any of the following, alone or in combination:

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

(2) A net increase in motor vehicle surface; and/or

(3) Quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.

SEDIMENT

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

SITE

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

SOIL

All unconsolidated mineral and organic material of any origin.

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)

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

STATE PLAN POLICY MAP

Is defined as the geographic application of the state development and redevelopment plan's goals and statewide policies, and the official map of these goals and policies.

STORMWATER

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

STORMWATER MANAGEMENT BMP

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

STORMWATER MANAGEMENT MEASURE

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

STORMWATER MANAGEMENT PLANNING AGENCY

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

STORMWATER MANAGEMENT PLANNING AREA

The geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.

STORMWATER RUNOFF

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

TIDAL FLOOD HAZARD AREA

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

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD

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

URBAN ENTERPRISE ZONES

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

URBAN REDEVELOPMENT AREA

Is defined as previously developed portions of areas:

(1) Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), designated centers, cores or nodes;

(2) Designated as CAFRA centers, cores or nodes;

(3) Designated as Urban Enterprise Zones; and

(4) Designated as Urban Coordinating Council Empowerment Neighborhoods.

WATER CONTROL STRUCTURE

A structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.

WATERS OF THE STATE

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

WETLANDS or WETLAND

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

C. Design and performance standards for stormwater management measures.

(1) Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:

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

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

(2) The standards in this section apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or water quality management plan adopted in accordance with Department rules.

D. Stormwater management requirements for major development.

(1) The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection J.

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

(3) The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(16), (17) and (18):

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

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

(c) The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.

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

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

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

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

(d) The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(4)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection D(15), P, Q and R that were not achievable on-site.

(5) Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection D(15), (16), (17) and (18). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f), Tables 5-1, 5-2 and 5-3, and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey 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 section, the BMP tables in the Stormwater Management Rule at N.J.A.C. 7:8-5.2(f) shall take precedence.

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

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

(7) An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Section 19-502.6.B. Alternative stormwater management measures may be used to satisfy the requirements at Subsection D(15) only if the measures meet the definition of "green infrastructure" at Subsection B. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection D(15)(b) are subject to the contributory drainage area limitation specified at Subsection D(15)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection D(15)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from Subsection D(15).

(8) Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact on the groundwater table and design the site, so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high-water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.

(9) Design standards for stormwater management measures are as follows:

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

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

(c) Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 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 D(15)(d).

(11) Any application for a new agricultural development that meets the definition of "major development" at Subsection B shall be submitted to the soil conservation district for review and approval in accordance with the requirements at Sections 19-502.4.O, P, Q and R and any applicable soil conservation district guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.

(12) If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17) and (18) shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.

(13) Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Warren County Clerk's office. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(15), (16), (17) and (18) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection J(2)(e). Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.

(14) A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection D and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Warren County Clerk's office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection D(13) above. Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality in accordance with Subsection D(13) above.

(15) Green infrastructure standards.

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

(b) To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection D(16) and (17), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection D(6), and/or an alternative stormwater management measure approved in accordance with Subsection D(7). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:

Best Management Practice	Maximum Contributory Drainage Area (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

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

(d) If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection D(7) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Section 19.502.4. P, Q and R.

(e) For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection D(16), (17) and (18), unless the project is granted a waiver from strict compliance in accordance with Subsection D(4).

(16) Groundwater recharge standards.

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

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

[1] Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual 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 D(16)(d) below.

(d) The following types of stormwater shall not be recharged:

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

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

(17) Stormwater runoff quality standards.

(a) This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of 1/4 acre or more of regulated motor vehicle surface.

(b) Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:

[1] Eighty percent TSS removal of the anticipated load, expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.

[2] If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.

(c) The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection D(17)(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.

(d) The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 4, below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.

Table 4 Water Quality Design Storm Distribution
Time (minutes)	Cumulative Rainfall (inches)	Time (minutes)	Cumulative Rainfall (inches)	Time (minutes)	Cumulative Rainfall (inches)
1	0.00166	41	0.1728	81	1.0906
2	0.00332	42	0.1796	82	1.0972
3	0.00498	43	0.1864	83	1.1038
4	0.00664	44	0.1932	84	1.1104
5	0.00830	45	0.2000	85	1.1170
6	0.00996	46	0.2117	86	1.1236
7	0.01162	47	0.2233	87	1.1302
8	0.01328	48	0.2350	88	1.1368
9	0.01494	49	0.2466	89	1.1434
10	0.01660	50	0.2583	90	1.1500
11	0.01828	51	0.2783	91	1.1550
12	0.01996	52	0.2983	92	1.1600
13	0.02164	53	0.3183	93	1.1650
14	0.02332	54	0.3383	94	1.1700
15	0.02500	55	0.3583	95	1.1750
16	0.03000	56	0.4116	96	1.1800
17	0.03500	57	0.4650	97	1.1850
18	0.04000	58	0.5183	98	1.1900
19	0.04500	59	0.5717	99	1.1950
20	0.05000	60	0.6250	100	1.2000
21	0.05500	61	0.6783	101	1.2050
22	0.06000	62	0.7317	102	1.2100
23	0.06500	63	0.7850	103	1.2150
24	0.07000	64	0.8384	104	1.2200
25	0.07500	65	0.8917	105	1.2250
26	0.08000	66	0.9117	106	1.2267
27	0.08500	67	0.9317	107	1.2284
28	0.09000	68	0.9517	108	1.2300
29	0.09500	69	0.9717	109	1.2317
30	0.10000	70	0.9917	110	1.2334
31	0.10660	71	1.0034	111	1.2351
32	0.11320	72	1.0150	112	1.2367
33	0.11980	73	1.0267	113	1.2384
34	0.12640	74	1.0383	114	1.2400
35	0.13300	75	1.0500	115	1.2417
36	0.13960	76	1.0568	116	1.2434
37	0.14620	77	1.0636	117	1.2450
38	0.15280	78	1.0704	118	1.2467
39	0.15940	79	1.0772	119	1.2483
40	0.16600	80	1.0840	120	1.2500

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

R = A + B - (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 D(16), (17) and (18).

(g) In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.

(h) The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.

(i) Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)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 with Subsection D(18)(b)[1], [2] and [3] above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.

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

E. Calculation of stormwater runoff and groundwater recharge.

(1) Stormwater runoff shall be calculated in accordance with the following:

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

[1] The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16, Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or

[2] The Rational Method for peak flow and the Modified Rational Method for hydrograph computations. The Rational and Modified Rational Methods are described in "Appendix A-9 Modified Rational Method" in the Standards for Soil Erosion and Sediment Control in New Jersey, January 2014. This document is available from the State Soil Conservation Committee or any of the soil conservation districts listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number for each soil conservation district is available from the State Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625. The document is also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControl StandardsComplete.pdf.

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

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

(d) In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 - Urban Hydrology for Small Watersheds or other methods may be employed.

(e) If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.

(2) Groundwater recharge may be calculated in accordance with the following: The New Jersey Geological Survey Report GSR-32, A Method for Evaluating 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.

G. Solids and floatable materials control standards.

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

(a) Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

[1] The New Jersey Department of Transportation (NJDOT) bicycle-safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or

[2] A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inches across the smallest dimension. Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.

[3] For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.

(b) The standard in Subsection F(1)(a) above does not apply:

[1] Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than 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 inches.

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

[4] Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the water quality design storm as specified in N.J.A.C. 7:8; or

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

H. Safety standards for stormwater management basins.

(1) This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.

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

(3) Requirements for trash racks, overflow grates and escape provisions.

(a) A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management BMP to ensure proper functioning of the BMP outlets in accordance with the following:

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

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

[3] The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack; and

[4] The trash rack shall be constructed of rigid, durable, and corrosion-resistant material and designed to withstand a perpendicular live loading of 300 pounds per square foot.

(b) An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:

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

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

[3] The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.

(c) Stormwater management BMPs shall include escape provisions as follows:

[1] If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection H(3) a freestanding outlet structure may be exempted from this requirement;

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

[3] In new stormwater management BMPs, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.

(4) Variance or exemption from safety standard. A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.

(5) Safety ledge illustration.

Elevation View -Basin Safety Ledge Configuration

I. Requirements for a site development stormwater plan.

(1) Submission of site development stormwater plan.

(a) Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection I(3) below as part of the submission of the application for approval.

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

(c) The applicant shall submit three copies of the materials listed in the Checklist for Site Development Stormwater Plans in accordance with Subsection I(3).

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

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

(a) Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.

(b) Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.

(c) Project description and site plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.

(d) Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsection C through E are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.

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

[1] Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.

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

(f) Calculations.

[1] Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection D.

[2] When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high-water table, then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.

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

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

J. Maintenance and repair.

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

(2) General maintenance.

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

(b) The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.

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

(d) Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.

(e) If the party responsible for maintenance identified under Subsection J(2)(c) above is not a public agency, the maintenance plan and any future revisions based on Subsection J(2)(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

(f) Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.) of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegeted linings.

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

[1] Maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders;

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

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

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

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

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

K. Penalties. Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to penalties as set forth in Article 19-1000 of the Land Development Ordinance for the Township of Blairstown.

§ 19-503 Driveways providing access to residential dwellings.

These provisions are applicable to all driveways providing access to residential dwelling units within the Township of Blairstown.

A. Permit required. No new driveway may be constructed or existing driveway altered by any person, firm, partnership or corporation without first obtaining a permit from the Township Driveway Inspecting Official in accordance with Chapter 92, Driveways, of the Code of the Township of Blairstown.

B. Setback from adjacent properties. No driveway or other parking area shall be located closer than 10 feet to any property line.

C. Design.

(1) Wherever feasible in consideration of environmental conditions, all driveways provided access to a side entry garage shall have a paved or stoned area at least 33 feet in length in front of the garage door(s) in order to allow for adequate ingress and egress to the garage without the necessity of so-called "K" turning movements.

(2) All driveways shall be provided an on-site turnaround area in order to permit the turning of automobiles so that vehicular access to the abutting roadway may always be in a head-on direction.

(3) All driveways shall be designed in accordance with the applicable requirements set forth in Chapter 92, Driveways, of the Code of the Township of Blairstown.

D. Construction. All driveways shall be constructed and inspected in accordance with the applicable requirements set forth in Chapter 92, Driveways, of the Code of the Township of Blairstown.

§ 19-504 Easements on private property.

A. General provisions.

(1) Easements may be required on private property for the purposes of drainage, utilities, sight triangles, access, conservation and for other purposes necessary for the public health, safety and welfare.

(2) Easements shall be required in accordance with the provisions of this chapter and as required by the Township Engineer and the Land Use Board during the review and approval of a submitted application for development.

[Amended 4-11-2012 by Ord. No. 2012-02]

(3) Easements shall be dimensioned and labeled on the submitted plat or plan and shall be identified as follows: "Easement for (specify "drainage," "utility," sight triangle," "access," "conservation" or other purpose) granted to the Township of Blairstown for the purposes provided and expressed in the Land Use Regulations Ordinance."

(4) The boundaries of an easement shall be monumented with concrete at the intersection of all street rights-of-way and with iron pins at all other corners and deflection points.

(5) Whenever an easement has been granted to the Township of Blairstown for drainage, utility, sight triangle or conservation purposes, the subject lot shall not be considered undersized because of the granting of the easement, and the area of the easement shall be considered part of the lot for the purposes of meeting the area and yard requirements specified in this chapter for the subject lot and the structures thereon.

(6) Whenever an easement is located on a lot, the deed for the lot shall include language which describes the location, type, purpose, maintenance responsibilities and restriction(s) of the easement.

(7) No structure, grading or vegetation other than grass shall be permitted within an easement area granted to the Township of Blairstown unless such structure, grading or vegetation is specifically shown on a subdivision or site plan as approved by the Land Use Board or unless specifically approved by the Township Committee.

[Amended 4-11-2012 by Ord. No. 2012-02]

(a) Where a structure, grading or vegetation other than grass is proposed to be located within an easement on a lot, the Municipal Agency shall determine the necessity and appropriateness of locating the structure, grading or vegetation within the easement.

(b) The Municipal Agency may require the relocation of the proposed structure, grading or vegetation and/or the relocation of the proposed easement or, if necessary and possible, the Municipal Agency may require the appropriate enlargement of the lot in order to accommodate both the easement and the proposed and/or existing development of the subject lot.

(c) Should the Municipal Agency approve the location of the proposed structure, grading or vegetation other than grass within the easement, the following conditions of the approval, as well as other conditions that may be deemed appropriate by the Municipal Agency regarding the particular development application, shall be attached to the approval:

[1] The final plat or plan, the title report, any sales contracts and the deed of the lot each shall recite appropriate language, subject to the review and approval by the Township Attorney, regarding the location, type and purpose of the easement and the restrictions associated with the easement.

[2] Should the Township of Blairstown require to access, maintain, repair and/or structurally alter the public improvements within an easement within which a structure, grading or vegetation other than grass is located, all costs for the access, maintenance, repair and/or structural alteration of the public improvements shall be at the cost of the property owner and the owner shall indemnify the Township from any and all damage or loss that may result, directly or indirectly, from the Township's access, maintenance, repair and/or structural alteration of the public improvement.

B. Drainage easements. When required by the Township and as may be indicated on any approved application for development, a drainage right-of-way easement shall be provided to Blairstown Township or to another entity, if applicable, wherever a lot or tract of land is traversed by a watercourse or surface or underground drainageway.

(1) All drainage right-of-way easements shall substantially conform with the lines of such watercourse or drainageway.

(2) Easements for watercourses shall conform to the width of the watercourse from bank to bank, with an additional fifteen-foot access strip beyond the top of the bank along each side of the watercourse.

(3) Easements for drainageways, including swales and piped systems, shall be a minimum 25 feet in width.

C. Sight triangle easements. Sight triangle easements shall be required at intersections of a street with another street, and at intersections of a street with a driveway providing ingress and/or egress to nonresidential developments.

(1) The sight triangle easement shall be in addition to the specified right-of-way width of a street or the cartway width of a driveway.

(2) The sight triangle easement shall not contain any grading, planting or structure more than 30 inches above the center line of the street and/or driveway except that street signs, fire hydrants and light standards may be located within a sight triangle easement.

(3) The sight triangle easement shall enable a right-of-entry by the Township for the purpose of removing any object, material, planting or other obstruction to the required clear sight.

(4) The sight triangle is that area outside of the street right-of-way or driveway cartway, bounded by the intersecting street right-of-way or driveway cartway lines and the straight line connecting sight points, one each located on the two intersecting street or driveway center lines.

(a) In the instance of intersections with no stop controls, the sight points shall be 90 feet.

(b) In the instance of stop controlled intersections, the sight triangles shall be dimensioned as follows in accordance with the standards established by the American Association of State Highway And Transportation Officials (AASHTO), 1990 or later addition.

[1] The required dimension of the sight triangle shall depend upon the posted design speed of the uncontrolled street.

[2] The sight triangle shall be dimensioned so that a driver 15 feet from the proposed edge of the paved cartway of the uncontrolled street can see approaching traffic at the following distances related to the design speed:

	Design Speed of the Uncontrolled Street	Minimum Required Sight Distance
	25 mph	250 ft.
	30 mph	300 ft.
	35 mph	350 ft.
	40 mph	400 ft.
	45 mph	450 ft.
	50 mph	500 ft.

(c) Additional lands may be required to be included within a sight triangle easement in order to provide an unobstructed view for the entirety of the minimum distances noted hereinabove for both uncontrolled and stop controlled intersections.

D. Conservation easements. Conservation easements may be required by the Land Use Board in order to preserve open space, critical areas, aquatic buffers and/or the natural, scenic, aesthetic or historic value of the land.

[Amended 4-11-2012 by Ord. No. 2012-02]

(1) Except as may be specifically permitted by the Land Use Board at the time of subdivision or site plan approval, no structure is permitted within a conservation easement, no filling of ground and no existing vegetation is permitted to be removed from a conservation easement.

(2) New vegetation may be planted within a conservation easement, provided the following:

(a) No topographic grades are changed; and

(b) No new vegetation is planted on wetlands or within wetlands transitional buffer areas.

§ 19-505 Fences and walls.

These provisions specifically do not apply to farms, public purpose uses, and permitted public and private recreation areas within the Township of Blairstown.

A. General provisions.

(1) All permitted fences and walls shall be situated on a lot in such a manner that the finished side of the fence or wall shall face adjacent properties.

(2) All fences and walls shall be erected within the subject property lines and shall not encroach onto any adjacent property or street right-of-way and, in any case, shall be set back at least 25 feet from the center line of any street.

(3) No fence or wall shall be erected of barbed and/or electrified wire, topped with metal spikes, nor constructed of any material or in any manner which may be dangerous to persons or animals, provided and except for the following:

(a) Below ground low-voltage electrical fences shall be permitted for the control of household pets;

(b) Low voltage electrical fences shall be permitted for the control of nonhousehold animals permitted as part of a conforming residential agriculture accessory use to a single-family detached dwelling, provided said fence has the appearance of a wooden fence typically constructed on a single-family residential lot (e.g., stockade, board-on-board or split rail).

(c) Fences and walls for nonresidential uses in the GCI General Commercial and Industrial District and for approved public utility uses in all zoning districts may be topped by a barbed and/or electrified wire protective barrier; and

(d) Any applicable requirements of state or federal regulations shall prevail.

(4) Except for farm fences, which shall not require any permits, all other fences shall require the issuance of a zoning permit, but shall not require the issuance of a construction permit unless otherwise required by applicable law.

(5) Except for retaining walls which do not exceed four feet in height, are used solely to retain earth and which are set back at least 30 feet from all property lines, every wall shall require the issuance of a zoning permit and a construction permit.

(6) The application for any required zoning permit or construction permit shall be accompanied by a plan showing the height, type, design and location of the proposed fence or wall, as applicable, in relation to all other structures on the subject property and in relation to all streets and property lines.

(7) Nothing herein shall be construed to prohibit the planting of hedges, trees or other vegetation anywhere on a lot, except as may be otherwise specifically prohibited by any other applicable ordinance or regulation of the Township of Blairstown.

B. Height requirements. On any lot in any district, no wall or fence shall be erected or altered so that said wall or fence shall be over four feet in height in front and side yards and six feet in height in rear yards, except in accordance with the following:

(1) Farm fences are exempt from these provisions.

(2) Fences for golf driving ranges on golf courses may have fencing a maximum of 30 feet in height.

(3) A tennis court area, located in rear yard areas only, may be surrounded by a chain link fence a maximum of 15 feet in height, provided that the fence is set back from any lot line the distance required for accessory buildings in the applicable zoning district or applicable planned development, in accordance with the requirements specified in Article 19-400 of this chapter regarding a zoning district or Article 19-600 of this chapter regarding a planned development.

(4) Buffer screening around the perimeter of a property shall be in accordance with the provisions specified in § 19-507C of this chapter and/or as specifically approved by the Land Use Board.

[Amended 4-11-2012 by Ord. No. 2012-02]

(5) The fencing around swimming pools shall be in accordance with the applicable provisions specified in § 19-518, Swimming pools, of this chapter.

§ 19-506 Fire protection.

A. Fire lanes. Emergency access areas and fire lanes shall be provided as required by the Uniform Construction Code.

B. Fire protection systems. For all major subdivisions consisting of 10 or more lots and all major site plans in the Township of Blairstown, and where public water service is not provided, the developer, at his/her sole expense, shall install a fire protection system for the refill of pumper trucks in accordance with the following criteria:

(1) Every principal building to be developed must be within 2,000 feet to an adequate source of water for fire protection purposes, with the required distance measured along streets and driveways.

(2) The adequate source of water for fire protection purposes shall consist of one or more of the following alternatives:

(a) Underground storage tanks, provided they are not connected to any sprinkler systems;

(b) Fire ponds or retention basins; and/or

(c) Lakes or streams or an equivalent natural source of water acceptable to the Board. The Blairstown Township Hose Company may submit its recommendations to the Board concerning the proposed water supply under this subsection.

(3) Regarding underground storage tanks, an adequate source of water shall be defined as a minimum of 5,000 gallons and the following design criteria shall be met:

(a) The top of the tank shall be four or more feet underground and shall be installed in accordance with the manufacturer's specifications;

(b) In areas of high water table, the tank shall be installed with antiflotation footings and straps;

(c) The tank shall include an access manhole, an inspection port to measure the water level, venting for 1,500 GPM discharge suction piping which shall be connected to the bottom of the tank, a six-inch suction hydrant with five-inch N.H. threads with tamperproof caps location at an elevation no higher than 12 feet above the bottom of the tank and with adequate impact protection to the hydrant; and

(d) A vehicular accessway to the hydrant suitable for all weather use.

(4) Regarding fire ponds or retention basins, an adequate source of water shall be defined as a minimum of 20,000 gallons, provided that the fire pond or the lower section of a retention basin used for the water storage for fire protection purposes meets the following criteria:

(a) The water is at least 5 feet deep;

(b) The twenty-thousand-gallon volume excludes both the bottom one foot depth and the top two feet depth;

(c) The pond or retention basin has an impervious bottom;

(d) The pond or retention basin has an adequate flow of water during drought conditions;

(e) The pond or retention basin is equipped with a standard suction point, with strainer, connected to a suction hydrant; and

(f) A vehicular accessway, suitable for all weather use, is provided to the hydrant.

(5) Regarding the use of lakes or streams, the applicant must demonstrate conformance to the criteria set forth hereinabove in Subsection 19-506B(4) for ponds.

(6) The installation of any underground storage tank and/or suction hydrant shall be in accordance with NFPA 1231 or its accepted practices.

§ 19-507 Landscaping and buffer screening.

A. Preservation of existing trees.

(1) Existing trees having a caliper of six inches or more measured six inches from ground level shall be preserved unless required to be removed in accordance with subdivision or site plan approval.

(2) A temporary fence, such as a snow fence, shall be erected at the perimeter of the dripline of all existing vegetation to be preserved prior to any excavation, construction or other site disturbance, and the fence shall not be removed until all construction and final grading of the site has been completed.

B. Street trees.

(1) Deciduous street trees shall be planted along both sides of all proposed new streets.

(2) The trees shall be planted at fifty-foot intervals on-center, or an equivalent number may be planted in informal, naturalized groupings if approved by the Land Use Board.

[Amended 4-11-2012 by Ord. No. 2012-02]

(3) At intersections, the trees shall not be located closer than 30 feet from the intersection of the street right-of-way lines.

(4) The caliper of the trees at time of planting shall be a minimum of 2 1/2 measured six inches from ground level, and the standing height shall be at least 10 feet.

C. Buffer screening.

(1) Buffer screening shall be required in the following instances:

(a) Between any nonresidential off-street parking area and any lot line or street line, except where a building intervenes or where the distance between the off-street parking area and the lot line or street line is greater than 150 feet;

(b) Between any off-street loading area and any lot line or street line, except where a building intervenes or where a wall is extended from a building in order to visually screen the loading area;

(c) Wherever required within Article 19-400 or Article 19-600 of this chapter regarding development within a particular zoning district or regarding a particular land use; and

(d) Wherever the Land Use Board reasonably requires such buffer screening as a condition of site plan and/or subdivision approval.

[Amended 4-11-2012 by Ord. No. 2012-02]

(2) Buffer screening, where required, shall consist of a strip of land at least 10 feet wide, densely planted with evergreen trees, at least four feet high at the time of planting, of a suitable type and species that will form a year-round, dense screen at least six feet high within a three-year time period.

(3) The evergreen trees planted as part of a buffer screening shall be planted in locations so that, at maturity, their branches will be no closer than three feet to any street or property line.

(4) Subject to approval by the Land Use Board, the buffer screening also may include earthen berms, fencing and/or walls in combination with the evergreen plantings in order to visually shield or obscure one abutting or nearby structure or use from another.

[Amended 4-11-2012 by Ord. No. 2012-02]

(5) All such screening shall be maintained in good condition at all times, and shall be interrupted only by sight triangle easements, sidewalks and driveways.

D. Nonresidential parking areas. Each nonresidential parking area shall have a minimum area equivalent to one parking space per every 30 parking spaces landscaped as follows:

(1) Approximately 1/2 of the landscaped area shall have trees with branches no lower than seven feet above ground level and approximately 1/2 of the landscaped area shall have shrubs no higher than three feet above ground level; and

(2) The landscaping shall be distributed throughout the parking area in order to break the view of parked cars in a manner not impairing driver visibility.

E. Detention/retention basins and recreational areas.

[Amended 4-11-2012 by Ord. No. 2012-02]

(1) Each detention or retention basin shall be bordered by evergreen trees at least four feet high at the time of planting unless an alternate landscape plan for a particular detention or retention basis in approved by the Land Use Board.

(2) Recreational areas shall be landscaped as appropriate and as approved by the Land Use Board, provided that tennis court fencing shall be bordered by evergreen trees at least four feet high at time of planting in any case.

F. Landscaping on residential lots and nonresidential properties. A minimum of 12 trees (a combination of shade trees and decorative flowering trees) shall be planted per gross acre of land on single-family residential lots or, in the case of nonresidential properties, per gross acre of land area not covered by buildings, driveways and parking areas, except and provided as follows:

(1) Any vegetation to be planted in order to meet the street trees, buffer screening, nonresidential parking areas or detention/retention basin and recreational areas requirements of this chapter noted hereinabove in Subsections 19-507B, 19-507C, 19-507D or 19-507E, respectively, shall not count towards the minimum 12 tree per acre requirement noted herein in this subsection;

(2) Where the Land Use Board finds that sufficient vegetation exists on a residential lot and/or that insufficient land is available to plant the required number of trees, the Board may waive the requirement to plant some or all of the trees.

[Amended 4-11-2012 by Ord. No. 2012-02]

G. Special requirements for residential lots within a conservation cluster. The applicant for final approval of a conservation cluster shall prepare and submit for Land Use Board approval at least three landscape plans for each house model to be offered for sale within the proposed development, in accordance with the following:

[Amended 4-11-2012 by Ord. No. 2012-02]

(1) Each landscape plan shall include a minimum of one shade tree and one evergreen tree, plus shrubs and/or hedges and ground cover;

(2) The dollar amount of each landscape plan shall not be less than the dollar amount which otherwise would be required to plant shade trees on the subject lots at the ratio of 12 shade trees per acre, and sufficient information shall be provided the Land Use Board to confirm this requirement;

(3) Any vegetation to be planted in order to meet the street trees, buffer screening or detention/retention basin and recreational areas requirements of this chapter noted hereinabove in Subsections 19-507B, 19-507C or 19-507E, respectively, and any required landscaping on open space lands in conservation clusters noted hereinbelow in Subsection 19-507H shall not be counted or otherwise included within any landscape plan prepared in accordance with this subsection;

(4) At least one of the minimum three landscape plans must be provided by the developer as part of the base purchase price of the house to the home buyer at the time of purchase, so that the landscaping costs may be included within the amount of a mortgage. The other landscape plans also shall be offered to the home buyer at the time of purchase, but may be offered as an upgrade at additional cost; and

(5) At least one of the landscape plans approved by the Land Use Board shall be fully planted on the subject lot prior to the issuance of a certificate of occupancy for the house on the lot or, in the alternative, a cash bond shall be posted with the Township Committee, in a form acceptable to the Township Committee and in an amount equal to 120% of the estimated cost for the installation of the applicable landscape plan, assuring that the landscaping shall be fully planted no later than six months after the issuance of the certificate of occupancy.

H. Landscaping on open space lands in conservation clusters. The landscaping on open space lands in conservation clusters shall be conceived as a total pattern throughout the tract, integrating the various elements of the subdivision design, providing privacy and creating an aesthetically pleasing environment in accordance with the following:

(1) The landscaping on the open space lands shall include shade trees, decorative flowering trees, evergreen trees, shrubs and hedges, ground cover, perennials and annuals, and may include other materials such as rocks, sculpture, art, walls, fences and decorative brick or paving materials;

(2) The dollar amount expenditure for the landscaping on the open space lands shall not be less than the equivalent expenditure for the planting of at least 12 shade trees per gross acre of open space lands within the development, and sufficient information shall be provided the Land Use Board to confirm this requirement;

[Amended 4-11-2012 by Ord. No. 2012-02]

(3) Any vegetation to be planted in order to meet the street trees, buffer screening, detention/retention basin and recreational areas or special requirements for residential lots within a conservation cluster requirements of this chapter noted hereinabove in Subsections 19-507B, C, E or G, respectively, shall not count towards the minimum 12 tree per acre requirement noted herein in this subsection; and

(4) A strip of land at least 50 feet wide shall be landscaped around the perimeter of the tract in accordance with the following:

(a) The perimeter landscaping shall include shade trees, decorative flowering trees, evergreen trees, shrubs and hedges and other materials and berming as appropriate to either reinforce the prevailing landscape pattern or to create a pattern where none currently exists;

(b) The perimeter landscaping shall be designed, graded and installed to effectuate the general guideline that the closer a proposed lot or proposed activity within the development will be to a street line or tract boundary, the more substantial the landscaping must be in order screen vision and light and mitigate against noise; and

(c) The installation of that portion of the approved perimeter landscaping necessary to screen a particular portion of the tract from being viewed from a bordering street or from an adjacent property shall be completed to the greatest extent possible prior to the development of that particular portion of the tract.

I. General landscaping requirements.

(1) A conscious effort shall be made to preserve the existing vegetation on site during the design, planning and construction of any development. The limits of disturbance and the location and species of the vegetation proposed to be preserved shall be indicated on the submitted site plan and/or subdivision plat.

(2) New landscaping shall include a variety and mixture of plantings to the extent possible and appropriate. New vegetation shall be indigenous to the area, shall be of nursery stock and shall be free of insects and disease. The choice of new vegetation also shall consider seasonal colors, the shapes and textures of the plants, the type of blossoms and foliage and the local soil conditions and water availability. The submitted site plan and/or subdivision plat shall show the location, specie, size at time of planting and the quantity of each new plant.

(3) The minimum size of new plants at the time of planting shall be as follows:

(a) Shade trees shall have a minimum caliper of 2 1/2 inches measured six inches from ground level, shall have a standing height of at least 10 feet and shall be balled and burlapped.

(b) Decorative flowering trees shall have a minimum caliper of 1 1/4 inches measured six inches from ground level, shall have a standing height of at least six feet and shall be balled and burlapped. Decorative flowering trees shall be well branched, with the branches starting not less than three feet above the crown of the root system.

(c) Evergreen trees shall be at least six feet in height at time of planting and shall be balled and burlapped.

(d) Shrubs and hedges shall be at least 18 to 24 inches at time of planting, depending upon and appropriate to the species of plant.

(4) All plants shall be installed in accordance with the American Nurserymen Guide, latest edition.

(5) All plant material shall be guaranteed for at least two years, and a written copy of the guarantee executed between the developer and the nursery or landscape architect installing the plantings shall be reviewed by the attorney for the Land Use Board prior to the Board granting any final approval.

[Amended 4-11-2012 by Ord. No. 2012-02]

§ 19-508 Lighting.

A. Streetlighting.

(1) Street lighting shall be provided at all street intersections. Moreover, additional streetlighting may be required by the Land Use Board at specific locations and subject to the approval of the Township Committee: e.g., in locations with limited or hampered sight distance due to existing vegetation; a sharp curve of the street; or an obtuse or sharply angled intersection.

[Amended 4-11-2012 by Ord. No. 2012-02]

(2) The type of required streetlighting to be supplied shall be specified by the Land Use Board but, in any case, shall not be the so-called "cobra" type.

[Amended 4-11-2012 by Ord. No. 2012-02]

(3) The light intensity provided at ground level shall average at least 0.5 footcandles at intersections and 0.3 footcandles for other streetlighting as may be required.

(4) Wherever electric utility installations are required to be underground, the applicant shall provide for underground service for the required streetlighting as well.

(5) Streetlighting in addition to that required in Subsection 19-508A(1) hereinabove and/or light fixtures different from the standard type normally approved by the Township may be approved by the Board for developments which have a homeowners' association, provided the following:

(a) Any additional streetlighting is optional and shall be maintained and operated by the homeowners' association;

(b) Light fixtures different from the standard type normally approved by the Township will only be approved when the proposed alternate type of light fixture is part of an overall design theme within the development and the homeowners' association shall maintain and operate the nonstandard type of lighting; and

(c) In the event that a developer elects either to install more streetlighting than required by the provision of Subsection 19-508A(1) hereinabove and/or nonstandard lighting fixtures, agreements between the Township and the developer, together with its successors and assigns, shall be entered into memorializing the perpetual obligation of the homeowners' association to operate and maintain said lighting.

(6) In any case, streetlighting shall be activated only if and when approved by the Township Committee.

B. On-site lighting.

(1) All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office or other uses having common off-street parking and/or loading areas shall be adequately illuminated for security and safety purposes.

(2) The applicant is required to submit a lighting plan indicating the location of the lighting fixtures, the direction of illumination, the wattage and isolux curves for each fixture, the hours of operation of the lighting and the details of the lighting poles and the luminaries, in accordance with the following:

(a) The lighting is to be provided by fixtures with a mounting height not higher than 25 feet, measured from the ground level to the center line of the light source;

(b) The lighting fixtures are to include nonglare lights with recessed lenses focused downward and with cutoff shields as appropriate in order to mitigate against adverse impacts upon adjacent and nearby properties, the safety of traffic along adjacent roadways and overhead skyglow;

(c) The light intensity provided at ground level shall be indicated in footcandles on the submitted plans and shall average not less than 0.5 footcandle at intersections and 0.3 footcandle elsewhere in the area to be illuminated, and shall average not more than four footcandles throughout the area to be illuminated; and

(d) Except for any lighting determined by the Land Use Board to be necessary and/or advisable to security purposes, all other lighting is to be controlled by circuit timers so that the lights are automatically turned off after business hours.

[Amended 4-11-2012 by Ord. No. 2012-02]

§ 19-509 Lot configuration and suitability for intended use.

A. Basic design requirements.

(1) Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.

(2) All lots shall meet the applicable minimum area and yard requirements specified in Article 19-400 and/or Article 19-600 of this chapter, also as applicable, and shall meet these requirements on land situated entirely within the Township of Blairstown.

(3) Concrete monuments shall be installed in accordance with the requirements of the New Jersey Map Filing Act (N.J.S.A. 46:23-9.9) and shall be indicated on the final plat.

(4) In accordance with N.J.S.A. 40:55D-35 of the Municipal Land Use Law, each lot must front upon an approved and improved public street or the required improvement to the public street, in accordance with the standards and specifications for road improvements contained within this chapter, shall have been assured by means of a performance guarantee, except and provided as follows:

(a) Specific variance(s) have been granted by the Land Use Board in accordance with N.J.S.A. 40:55D-36 of the Municipal Land Use Law.

[Amended 4-11-2012 by Ord. No. 2012-02]

(b) A single-family residential dwelling shall be permitted to be built upon a lot on a public street which is semi-improved, provided that the following terms and conditions are complied with:

[1] The Township Engineer shall determine that the right-of-way of such street abutting such lot is of the width herein required and will allow for the future installation of curbs. In certifying conformance with the foregoing, the Township Engineer shall consider the potential availability of a right-of-way from property owners directly opposite from the lot in question and for the entire length of such semi-improved street so as to allow for the future orderly development of the immediate area and the street.

[2] The lot upon which a building is proposed shall have access along a semi-improved street to the improved street system of the Township. Nothing herein shall prevent a property owner from improving an unimproved roadway to the status of a semi-improved roadway in order to comply with this requirement.

[3] As used in this subsection only, the following terms shall have the meanings indicated:

[a] Improved public street shall be a street meeting all of the following requirements:

[i] A dedicated public right-of-way at least 33 feet in width;

[ii] Constructed with a suitable base and a hard surface treatment with a minimum 20 feet in width; and

[iii] Surface to be free of potholes and with sufficient drainage so as to avoid flooding or ponding of water. Drainage easements may be required for this purpose from any applicant.

[b] Semi-improved public street shall be a street meeting all of the following requirements:

[i] A dedicated right-of-way at least 33 feet in width, with a traveled surface sufficiently wide so as to permit two motor vehicles traveling in opposite directions on it to safely pass each other, with a minimum of six inches of road gravel surface or a minimum of 18 feet in width (in accordance with the Residential Site Improvement Standards adopted by the New Jersey Department of Community Affairs) over a suitable subbase; and

[ii] Such gravel surface shall be free of potholes and with sufficient drainage to avoid ponding, causing it to be passable to all vehicles, including emergency and fire apparatus, at all times of the year.

[4] Notwithstanding the definition of an improved public street hereinabove, any existing paved street maintained by Blairstown Township or Warren County shall be deemed to be an improved public street for the purpose of this subsection.

[5] Any applicant for a building permit on a semi-improved street shall abide by the following procedures:

[a] The applicant must receive a written certification from the Township Engineer that said semi-improved street, as defined hereinabove, provides continuous access from said lot to the presently existing improved public street system, in a manner deemed acceptable to the Township Engineer, and that the portion of the semi-improved street upon which the lot abuts conforms to the provisions of Subsection 19-509A(4)(b)[3] hereinabove pertaining to a semi-improved street.

[b] The written certification from the Township Engineer must be received prior to the issuance of a construction permit and must be secured at the sole expense of the applicant, which will include all reasonable legal, engineering and inspection fees as necessary. An initial escrow fee of $500 shall be deposited with the Township prior to any such inspection by the Township Engineer, which initial deposit shall defray all or a part of the actual cost of such inspections and estimates by the Township Engineer and the review by the Township Attorney as set forth hereinbelow.

[c] Before receiving a permit for construction of a single-family dwelling on a semi-improved street, an applicant shall comply with any one of the following requirements:

[i] The applicant shall improve that portion of the semi-improved street (full width) upon which the lot abuts, from lot line to line, to the status of an improved public street, with a hard surface, curbing (where required by the Township Engineer) and drainage; or

[ii] The applicant shall deposit with the Township either cash or a performance guarantee, with sufficient surety in favor of the Township in a form approved by the Township Attorney, in the amount of a cost estimate prepared by the Township Engineer, which cash deposit or performance guarantee shall be held by the Township until the improvement to the street is completed by the applicant or until the Township deems, in its discretion, that the semi-improved street shall be fully improved by the Township. The deposit or guarantee held by the Township shall be used only to defray the cost of improving the roadway to Township specifications and for off-site drainage. In the even that the actual cost of constructing and fully improving a semi-improved street by the Township exceeds the amount of any deposit or guarantee deposited with the Township, any additional sum shall also be the responsibility of the owner of said lot and may be collected by the Township by way of assessment or by other means available to the Township; or

[iii] The applicant shall sign an agreement to be recorded by deed in the Warren County Clerk's office acknowledging the obligation of the applicant, or the applicant's successors and assigns, to improve that portion of the semi-improved street upon which the applicant's property abuts to the status of an improved public street as defined hereinabove. This agreement shall contain an acknowledgment that in the event that the improvement is not made by the applicant or the applicant's successors or assigns, the Township shall have the right to improve the public street or roadway as a local improvement and to assess the cost of the improvement to all properties abutting the street which will benefit by the improvements thereof, such assessment to be made as an assessment for a local improvement pursuant to law. Prior to the issuance of a construction permit, the applicant shall submit to the Township Attorney for approval as to form a deed for said property containing the recorded road agreement. Proof of the recording of the deed containing such provisions approved by the Township Engineer and the Township Attorney shall be required prior to the issuance of a construction permit. Any construction permit and certificate of occupancy also shall specifically reference the recorded road agreement and deed. All costs associated with the review and approval of the road agreement and deed shall be at the sole expense of the applicant.

B. Suitability of lot for intended use. A proposed lot shall not be approved by the Land Use Board unless it is reasonably determined that the lot can be used for its intended use.

[Amended 4-11-2012 by Ord. No. 2012-02]

(1) Where there is a question as to the suitability of a lot or lots for the intended use due to factors such as, but not limited to, poor drainage conditions or flood conditions, the location and/or extent of freshwater wetlands and wetlands transition buffers, rock formations, or percolation tests and/or test borings indicating that ground conditions are inadequate for proper drainage and filtration for sewage treatment on the subject lot, the Board, after adequate investigation and, where applicable, receipt of a written report by the Township Board of Health and/or the New Jersey Department of Environmental Protection (NJDEP), may withhold approval of such lot(s).

(2) Where there is a question as to the suitability of a lot or lots for the intended use due to evident soil substance contamination, the Board may request a written report from the NJDEP and/or may withhold approval of such lot(s).

(3) If approval is withheld, the Board shall orally indicate the reasons for withholding the approval, shall enter the same in the minutes, and shall notify the applicant of its decision.

§ 19-510 Natural features to be preserved and topsoil removal.

A. Natural features to be preserved. Natural features such as trees, hilltops, scenic vistas, natural terrain, open waters, critical areas and natural drainage ridge lines shall be preserved to the maximum extent reasonably possible in designing any development containing such features.

(1) All submitted applications for development shall demonstrate the avoidance of unnecessarily altering the existing topography or removing vegetation, and shall propose a development that respects the established natural conditions of the site and its surroundings.

(2) In order to protect the natural features to be preserved, the Land Use Board may require conservation easements (see § 19-504E) or deed restrictions on the land area to be preserved, and may require that such areas be delineated by monuments.

[Amended 4-11-2012 by Ord. No. 2012-02]

B. Soil removal.

(1) No topsoil shall be removed from areas intended for lawn and open space; topsoil moved during the course of construction shall be redistributed on the lot so as to provide at least four inches of cover to all areas.

(a) All areas intended for lawn and open space shall be stabilized by seeding, planting or sodding and, when the disturbed area exceeds 5,000 square feet, shall be in accordance with a Soil Erosion and Sediment Control Plan approved by the Soil Conservation District.

(b) In the event the site does not contain sufficient amounts of topsoil to provide the required four inches of cover to all areas intended for lawn and open space, the developer shall supply sufficient amounts of additional topsoil to the site in order to meet this requirement.

(2) No soil shall be removed from or be imported to any site within the Township of Blairstown in excess of 500 cubic yards without prior approval of the Land Use Board, except and in accordance with the following:

[Amended 4-11-2012 by Ord. No. 2012-02]

(a) As part of the review and approval process of a major subdivision or major site plan application by the Land Use Board, the Board may approve the removal or import of more than 500 cubic yards of soil upon the request of the applicant and the Board's review of the data and information provided by the applicant:

[1] The applicant shall provide the Board with an estimate of the total amount of soil to be excavated from the site and the total amount of soil to be imported to the site.

[2] The Land Use Board shall review the data and information as part of its review of the application for development.

[3] The data and information provided by the applicant shall include an addressment as to how the soil is to be distributed and stabilized, including grades and contours.

[4] Moreover, if soil is to be imported to the site, the applicant shall describe, to the satisfaction of the Township Engineer, the method and frequency of the testing of the imported soil in order to ensure its quality.

[5] Finally, the applicant shall describe the size and number of vehicles that are anticipated to haul the removed or imported soil or rock together with proposed truck routes.

(b) Soil may be removed on any individual lot for the purpose of constructing permitted and approved accessory structures (e.g., septic systems, swimming pools, etc.).

(c) Soil may be removed on any individual lot which contains an approved soil removal business.

§ 19-511 Off-street parking areas, loading areas and accessways for nonresidential uses.

A. Landscaping and lighting.

(1) Each nonresidential off-street parking area and/or loading area shall have buffer screening in accordance with the requirements specified in § 19-507C of this chapter.

(2) Each nonresidential parking area shall be landscaped in accordance with the requirements specified in § 19-507D of this chapter.

(3) Each nonresidential parking area and loading area and the accessways thereto shall be provided on-site lighting in accordance with the requirements specified in § 19-508B of this chapter.

B. Paving and curbing.

(1) All parking and loading areas and access drives shall be paved in accordance with the following requirements unless otherwise specified by the Land Use Board:

[Amended 4-11-2012 by Ord. No. 2012-02]

(a) Areas of ingress and egress, parking stalls, loading and unloading areas, major interior driveways or access aisles and other areas likely to experience heavy traffic shall be paved with not less than five inches of compacted base course of plant mixed bituminous, stabilized base course (Mix No. I-2), and constructed in accordance with New Jersey State Highway "Standard Specifications for Road and Bridge Construction (1989)" and any amendments thereto. A minimum two inches compacted wearing surface of bituminous concrete mixtures (Mix No. I-5) shall be constructed thereon in accordance with the aforesaid New Jersey Highway Department specifications and amendments thereto.

(b) Where subgrade conditions of proposed paved areas are wet, yielding or of such a nature that surfacing would be inadvisable without first treating the subgrade, the areas shall be excavated to a suitable depth at least six inches below the proposed grade and filled with dense graded aggregate base materials as approved by the Township Engineer. Where required by the Township Engineer, a system of subsurface drains or an alternate solution approved by the Township Engineer shall be constructed beneath the surface of the paved area and connected to a suitable drain. After the subbase material has been properly placed and compacted, the surfacing material, as described heretofore, shall be constructed thereon.

(2) All paved parking and loading areas and access drives shall be curbed. Curbing shall be depressed at the driveway or the curbing may be rounded at the corners and the driveway connected with the street in the same manner as another street.

(3) All off-street parking lots shall have adequate designations to indicate traffic flow and parking spaces.

(4) All construction shall be in accordance with the "Standard Construction and Detail Sheets" as may be promulgated by the Township Engineer and adopted by the Township and the New Jersey "Standard Specifications for Road and Bridge Construction (1989)," latest edition, and any amendments thereto.

(5) The Land Use Board, at the request of the applicant and in consideration of the specific parking needs of the applicant, may permit a reduction in the paved area devoted to parking provided that the following conditions are met:

[Amended 4-11-2012 by Ord. No. 2012-02]

(a) The submitted plan shall include all the parking spaces required by this chapter, and shall include those spaces to be paved and those requested not to be paved;

(b) All parking areas not to be paved shall be suitably landscaped, and such landscaping shall be indicated on the submitted plan and be in addition to landscaping otherwise required;

(c) The drainage system for the site shall be designed to accommodate the surface water runoff from all parking and driveway areas, considering all such areas to be paved, whether proposed to be paved as part of the application approval or deferred to a possible future date; and

(d) The applicant shall agree in writing on the submitted plan to pave any or all of the nonpaved parking areas should the paved parking areas prove to be inadequate to accommodate the on-site parking needs of the premises.

C. Access.

(1) Access to parking lots shall be designed so as not to induce queues on travel ways, and to provide adequate pedestrian circulation and safety. There shall be adequate provision for ingress to and egress from all parking spaces to ensure ease of mobility, ample clearance, and the safety of vehicles and pedestrians.

(2) The center lines of any separate access driveways to a single lot shall be spaced at least 125 feet apart. Moreover, the edge of any access driveway shall not be located closer than 50 feet or 1/2 the lot frontage, whichever is greater, to the street line of any intersecting street, except that in no case need the setback distance exceed 200 feet.

(3) Only one driveway access shall be permitted for any lot with one 150 feet or less of frontage; two driveways shall be permitted for lots between 150 feet and 300 feet of frontage, and the number of driveways permitted for lots with more than 330 feet of frontage shall be determined during the development application review and approval process.

(4) For driveways serving one-way traffic, the minimum width shall be 12 feet and continuous open driveways having a width exceeding 16 feet at the street line shall be prohibited.

(5) For driveways serving two-way traffic, the minimum width shall be 24 feet and the maximum width shall be 36 feet.

(6) All points of access shall be graded, and adequate drainage facilities shall be installed to prevent stormwater runoff from entering the public road. Where possible, driveway grades shall not exceed 10%. Moreover, any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage. All driveway profiles and grades shall be submitted to the Land Use Board as part of a subdivision and/or site plan application, and shall be reviewed and approved by the Board.

[Amended 4-11-2012 by Ord. No. 2012-02]

(7) Driveways used for two-way operation shall intersect any road at an angle as near 90° as site conditions will permit and in no case less than 75°. Driveways used by vehicles in one direction of travel (right turn only) may form an angle smaller than 75°, but only with a nonlocal road and when acceleration and deceleration lanes are provided.

(8) Where a driveway serves right-turning traffic exiting from a parking area containing 200 or more parking spaces to an abutting road functioning and/or classified as a collector or arterial road, an acceleration lane shall be provided in accordance with A Policy of Geometric Design of Rural Highways, American Association of State Highway and Transportation Officials.

(9) Where a driveway serves as an entrance to a development containing 50 or more parking spaces, a deceleration lane shall be provided for traffic turning right into the driveway from any road functioning and/or classified as a collector or arterial road. The deceleration lane shall be at least 200 feet long and 13 feet wide, measured from the abutting roadway curbline. A minimum forty-foot curb return radius shall be used from the deceleration lane into the driveway.

(10) Any curb opening shall be properly reconstructed to the satisfaction of the Township Engineer.

D. Location of parking and loading.

(1) Off-street parking areas shall be oriented to and shall be located within a reasonable walking distance of the buildings they are designed to serve.

(2) The number of required off-street parking and loading spaces shall be in accordance with the requirements specified in Article 19-400 and Article 19-600 of this chapter, as applicable, and shall be located on the same lot or premises as the use served, regardless of the number of spaces required by this chapter.

(3) No parking of vehicles shall be permitted in fire lanes, streets, driveways or aisles, landscaped areas, buffer areas, sidewalks or turning areas except as may otherwise be permitted by this chapter. The arrangement of off-street parking and loading spaces shall be such that no vehicle shall have occasion to back into any street.

(4) Internal roads, parking access aisles, parking areas, curbs and landscaping shall be designed to reasonably accommodate the turning movements of emergency vehicles regularly and routinely serving the Township of Blairstown without requiring the mounting of curbs or interference with landscaping.

(a) Where there is a row of contiguous perpendicular or angled parking stalls facing the facade of a building, there shall be a distance of at least nine feet in width between the building facade and the parking stalls, defined by curbing, to allow access of an emergency vehicle to the facade of each building facing such parking.

(b) Moreover, where required by the Board and/or the Township Subcode Official or other such designated Township official, there shall be a designated fire lane at least 18 feet in width in front of the primary entrance into the principal building where the parking of vehicles shall not be permitted.

(5) All parking and loading areas, temporary stopping areas, maneuvering spaces, and driveways and access aisles shall be located in accordance with the provisions of Article 19-400 and Article 19-600 of this chapter, as applicable, except that such areas, spaces, driveways and/or aisles shall be set back at least 10 feet from any property line or street line regarding nonresidential uses.

E. Type of facility.

(1) Parking spaces may be on, above or below the surface of the ground. When parking spaces are provided within a garage or other structure, said structure shall adhere to the proper accessory or principal building setbacks specified in Article 19-400 or Article 19-600 of this chapter, as applicable.

(2) The provision of parking spaces shall include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Except for the driveway providing access to a garage, all parking areas shall be designed to permit a motor vehicle to proceed to and from a parking space without requiring the moving of any other motor vehicle.

(3) The width of all aisles or driveways providing direct access to individual parking spaces shall have the following minimum dimensions; where the angle of parking is different on both sides of the aisle or driveway, the larger width shall prevail:

	Angle of Parking Space	One-Way Aisle/ Driveway	Two-Way Aisle/ Driveway
	90°	Not Permitted	24 feet
	60°	18 feet	Not Permitted
	45°	15 feet	Not Permitted
	30°	12 feet	Not Permitted
	Parallel	12 feet	20 feet

(4) Parking spaces, including handicapped parking spaces, shall be dimensioned in accordance with the definition of "parking space" in § 19-203 of this chapter.

(5) Parking for the physically handicapped shall comply with the requirements of the Barrier-Free Subcode of the New Jersey Uniform Construction Code N.J.A.C. 5:23-7.13 and 5:23-7:14 and the American Disabilities Act (ADA).

§ 19-512 Performance standards for all uses.

A development application and/or application for a construction permit shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a construction permit may be issued with the condition that no certificate of occupancy will be issued until such time as this documentation is submitted with respect to the particular occupant. These provisions shall not apply to any sewage treatment plant which has received approval by the New Jersey Department of Environmental Protection.

A. Electrical and/or electronic devices. All electric or electronic devices shall be subject to the standards, rules and regulations promulgated by the appropriate state and/or federal agency.

B. Glare. No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining units, adjoining zoning districts or streets. Unless required by law, no lighting shall be rotating, pulsating or with other intermittent frequency.

C. Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which could cause the temperature to rise or fall in any body of water, except that this provision shall not apply to any sewerage treatment plant which has received approval by the New Jersey Department of Environmental Protection.

D. Noise. Noise levels shall not exceed the standards established by the New Jersey Department of Environmental Protection as they may be adopted and amended.

E. Storage and waste disposal. No provision shall be made for the depositing of materials or waste upon a lot where they may be transferred off the lot by natural causes or forces or where they can contaminate an underground aquifer or otherwise render such underground aquifer undesirable as a source of water supply or recreation, or where they will destroy aquatic life. Provision shall be made for all material or waste which might cause fumes or dust, which might constitute a fire hazard or which might be edible or otherwise attractive to rodents and insects to be enclosed in appropriate containers in order to eliminate such potential hazards. With respect to solid waste, each property owner shall:

(1) Assume full responsibility for adequate and regular collection and removal of all refuse, except to the extent such services are provided by the Township, in which case the property owner shall assume full responsibility for compliance with all regulations governing the provision of those services.

(2) Comply with all applicable regulations of the New Jersey Department of Environmental Protection.

(3) Comply with all provisions of the State Sanitary Code, Chapter VIII, Refuse, Disposal, Public Health Council of the New Jersey Department of Health.

(4) Provide adequate, covered solid waste containers, except where provided by the Township, which are not to be stored within the public view and which are to be secured from vandalism. Compactor units shall afford completely sealed operation and shall be provided efficient vehicular access by collection vehicles.

(5) Provide adequate provisions for recyclable solid waste material.

F. Ventilation. No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless they comply with the minimum building setback requirements of this chapter and are equipped with baffles to deflect the discharged air away from the adjacent use.

G. Vibration. There shall be no vibration which is discernible to the human senses of feeling beyond the immediate lot.

H. Radiation. No use shall produce levels of radiation in excess of the level established by the Radiation Protection Act, L. 1958, c. 116 (N.J.S.A. 26:2D-1 et seq.) and any standards promulgated pursuant thereto by the New Jersey Department of Environmental Protection.

I. Air, water and environmental pollution. No use shall emit any pollutant into the ground, water or air that exceeds the most stringent applicable federal, state or local statute, regulation and ordinance.

§ 19-513 Public utilities.

A. All utility services shall be connected to an approved public utilities system where one exists. In general, utilities shall be located within the right-of-way on both sides of, and parallel to, the cartway, or within utility easements outside the right-of-way.

B. The developer shall arrange with the servicing utility for the underground installation of the distribution supply lines and service connections, in accordance with the prevailing standards and practices of the utility or other companies providing such services; provided, however, the following:

(1) In cases where extension or replacement of service is needed to existing or new buildings in established subdivisions or developments, the present method of service may be continued.

(2) Lots abutting existing easements or public rights-of-way, where overhead electric, CATV or telephone distribution supply lines and service connections have heretofore been installed, may be supplied with electric, CATV and telephone service from these overhead lines, but the service connections from the utilities' overhead lines shall be installed underground.

(3) In the case of existing overhead utility lines, however, should a road widening, or an extension of service, or other such condition occur as a result of the subdivision or site plan and necessitate the replacement or relocation of such utilities, the developer shall cause the replacement or relocation to be underground.

(4) Upon submission of preliminary plats or plans for approval, the developer shall present a statement of interest, setting forth all public utility companies to serve the tract and a letter from each company stating that service will be available to the development. The preliminary plans shall recite all public utilities that will serve the development.

(5) Upon submission of final plats or plans for approval, the developer shall present letters, directed to the Chairman of the Board and signed by a responsible official of all public utility companies to serve the tract, approving each propose utility installation design and stating that the applicant paid the required fees for the utility connections and service or installed all utility improvements in accordance with the requirements of this chapter so that service will be available prior to occupancy.

(6) The developer shall provide the Township with four copies of a final as-built plan showing the installed location of the facilities. Utility areas shall be planted with grass, ground covers, and/or treated with other suitable cover material.

C. Utility easements along street right-of-way lines shall be a minimum of 10 feet in width and shall be dimensioned and labeled on the submitted plat or plan. Utility easements on private property shall be in accordance with the applicable provisions of § 19-504 of this chapter.

D. Where natural foliage is not sufficient to provide year-round screening of any utility structure appearing above the surface of the ground, other than utility poles, the applicant shall provide sufficient live screening to conceal such structure year round.

E. On any lot where soil conditions, rock formulations, woods or other special conditions exist, and the Land Use Board deems it a hardship to the developer to comply with the provisions of this Subsection 19-513B of this chapter hereinabove regarding the underground installation of distribution supply lines and/or service connections, the developer may apply to the Board for an exception in accordance with § 19-1006B of this chapter; provided, however, that where overhead lines are permitted as the exception, the alignments and pole locations shall be routed in order to accomplish the following:

[Amended 4-11-2012 by Ord. No. 2012-02]

(1) To avoid locations along horizons;

(2) To avoid the clearing of swaths through treed areas by selective cutting and staggered alignments;

(3) To minimize the views of the poles and alignments by planting trees in open areas at key locations; and

(4) Lessen the visual impact of the overhead lines by following rear lot lines and other interior locations.

§ 19-514 Sanitary sewerage systems.

A. Where required. Any senior citizen housing development within the Township of Blairstown shall be properly connected to an approved and functioning public community sanitary sewerage system prior to the issuance of certificate of occupancy.

B. General requirements.

(1) The sanitary sewerage system shall be owned and operated by a private sewer company regulated by the Board of Public Utilities or other form of ownership approved by the Township of Blairstown.

(a) Any necessary franchise agreements must be obtained from the Township of Blairstown and any other agencies required.

(b) The sanitary sewerage system shall include collection lines, pumping stations, force mains and treatment plants.

(2) Besides all necessary federal, state or local approvals needed, a Comprehensive Sanitary Sewerage System Development Report must be submitted by the applicant as part of the application for preliminary subdivision approval:

(a) The report must be approved by the Land Use Board and Township Committee.

[Amended 4-11-2012 by Ord. No. 2012-02]

(b) At a minimum, the report must address the ownership of the system, provide an analysis of alternate systems available, provide a full evaluation and explanation of the type of system proposed to be constructed, provide a description of the proposed operation and maintenance of the system, and provide a proposed rate schedule.

(3) All sanitary sewerage facilities shall be in compliance with the approved Township of Blairstown Wastewater Management Plan, provided the following:

(a) If there is an existing regional system available which can provide service to the project, sanitary sewers shall be properly connected with such approved system and shall be adequate to handle all present and future flows from the development.

(b) If a regional system is not available, then an on-site sanitary sewerage treatment plant, designed and constructed to treat only the sewage generated from the area designated on the approved Wastewater Management Plan Mapping, shall be provided.

(4) All parts of the sanitary sewerage system shall be designed, constructed and operated in conformance with the New Jersey Department of Environmental Protection (NJDEP) Water Pollution Control Act (N.J.A.C. 7:9-1.1 et seq.). The system also shall conform with all other local, state and federal requirements applicable thereto.

(5) Any pump station shall provide the wet well, electrical controls and mechanical equipment within an enclosed building. The building shall be architecturally compatible with the proposed residential community and shall be approved by the Land Use Board.

[Amended 4-11-2012 by Ord. No. 2012-02]

(6) For any on-site sanitary sewerage treatment plant, the primary and secondary treatment process components shall be contained within an enclosed building, and the following additional provisions shall apply:

(a) The tertiary treatment process, if by mechanical and/or chemical means, also shall be within an enclosed building.

(b) If tertiary treatment is by other methods, then the location, possible enclosure or screening shall be as approved by the Land Use Board.

[Amended 4-11-2012 by Ord. No. 2012-02]

(c) Any building(s) shall be architecturally compatible with the proposed residential community and shall be approved by the Land Use Board.

[Amended 4-11-2012 by Ord. No. 2012-02]

(7) For any development which is to be constructed in sections, the complete sanitary sewerage treatment plant shall be constructed as part of the first section. The collection lines, force main and pump stations shall be constructed sufficient for each section, with provisions made for extension into the future sections.

C. Construction specifications and details.

(1) Systems shall comply with all applicable standards of the applicable sanitary sewer company, the Township of Blairstown, the New Jersey Department of Environmental Protection (NJDEP) and any other agency having jurisdiction. All construction shall be in accordance with all applicable NJDEP requirements.

(2) Gravity sewer pipes, including both the sewer main and the house connection sewer, shall be constructed of polyvinyl chloride pipe or ductile iron pipe. Force mains shall be constructed of ductile iron pipe.

(3) Polyvinyl chloride pipe (P.V.C.) and fittings shall be circular vinyl plastic gravity sewer pipe, PSM SDR-35 in accordance with ASTM D3034. Joints for PVC sewer pipe shall be bell and spigot intricately formed in pipe sections, with elastomeric seals in accordance with ASTM D3212. Rubber ring gaskets shall conform to ASTM F477.

(4) Ductile iron pipe (DIP) shall be circular, minimum thickness class 50 in accordance with ANSI A21.51 and the fittings for D.I.P. shall be ductile iron in accordance with ANSI A21-10.

(a) Joints for the ductile iron pipe and fittings shall be mechanical joint or bell and spigot, intricately cast sections with elastomeric seals in accordance with ANSI A21.11.

(b) Ductile iron pipe and fittings shall be standard thickness cement lined and asphalt fill coated in accordance with ANSI A21.04.

(5) Manhole connections for pipe into precast sections shall be made watertight utilizing either the LOCK-JOINT flexible manhole sleeves or the KOR-N-SEAL assembly.

(a) The LOCK-JOINT flexible manhole sleeve shall be an elastomeric gasket seal which is cast in manhole base section and accepts sewer pipe in sleeve and seals by means of an external stainless steel compression clamp.

(b) The KOR-N-SEAL assembly shall be an elastomeric gasket seal which is installed after the cast of the manhole base section and acceptable sewer pipe in sleeve and seals by means of an external stainless steel compression clamp.

(6) Pipe for house connections shall be of the size required by New Jersey Department of Environmental Protection (NJDEP). All sewer lateral house connections shall terminate with a cleanout and be capped with a seal cap or tear-out stopper at the end of the house connection, and the top of the cleanout shall have a brass or metal plug.

(7) Testing in the presence of the Township Engineer or his representative shall be required for the sanitary sewer system prior to the approval for the operation of said system. Testing shall include alignment tests, infiltration or exfiltration testing as required, TV inspection and air pressure testing. Costs for all tests shall be borne by the developer.

(a) Alignment testing shall be performed on all sewer lines between manholes. The alignment testing should be done by visual inspection as well as pulling a steel mandrel from manhole to manhole.

(b) Infiltration tests shall be performed where groundwater levels are higher than two feet above the sewer pipe. V-notch weir assembly shall be utilized to measure the infiltration over a twenty-four-hour period to determine the actual rate of infiltration. The infiltration rate shall not exceed 50 gallons per inch of pipe diameter per mile of sewer line per day. Exfiltration tests shall be performed on sewer lines from manhole to manhole where groundwater levels are less than two feet above the sewer main.

(c) Low pressure air testing methods in accordance with the recommended procedures of the UNI-Bell Plastic Pipe Association shall be utilized. The lines shall be tested to 4.0 psig and shall not have a drop of more than 0.5 psig within the allowable time limits.

(d) TV testing of the lines will only be required if apparent problems exist or failure of any of the above testing requirements occurs.

§ 19-515 Septic systems.

[Amended 4-11-2012 by Ord. No. 2012-02]

A. A subsurface sewage disposal system may be used as the means of sewage treatment and disposal when, in the written opinion of the Board of Health of the Township of Blairstown to the Land Use Board, the soil characteristics of the subject land are of such quality to permit the use of such a subsurface sewage disposal system.

B. A subsurface sewage disposal system may be located within any yard area, provided that where a mounded septic system is to be installed within the front yard area of a lot, the Land Use Board may require changes to the final grading plan and/or the planting of additional landscaping in order to naturalize the appearance of the mounded system.

§ 19-516 Signs.

A. General prohibitions.

(1) No sign shall be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted business or use conducted on the same premises unless specifically permitted herein;

(2) No billboards shall be erected or replaced, except that farms shall be permitted to erect unlighted wood signs off site from the farm to advertise the sale of seasonal agricultural products grown on the farm, provided that each such sign shall not exceed 20 square feet in area;

(3) No signs shall be erected, altered or replaced, which are not in accordance with the standards established in this chapter;

(4) No portion of any sign shall be located within or suspended over a public right-of-way or pedestrian walkway;

(5) No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic directional and identification signs, other places of business, or other signs or windows of the building on which they are located;

(6) No sign shall be erected, used or maintained which in any way simulates official, directional or warning signs erected or maintained by the State of New Jersey, by any county or municipality thereof or by any public utility or similar agency concerned with the protection of the public health or safety;

(7) No sign shall be erected, constructed or maintained so as to obstruct or be attached to any fire escape, window, door or opening that is intended to provide light or a means of ingress or egress, or for fire-fighting purposes, or placed so as to interfere with any opening required for legal ventilation; and

(8) No sign, other than exempt signs, shall be permitted within 50 feet of the property line of any historical site or monument.

B. Animated, flashing and illusionary signs. Signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited.

C. Flag of the United States of America or the State of New Jersey. The flags of the United States of America and the State of New Jersey, or other national or State flags, may be displayed in all zoning districts and do not need a zoning or construction permit. No other flags, banners and/or pennants shall be exhibited except as otherwise permitted in this chapter.

D. Height. Unless otherwise specifically specified to the contrary in this chapter, no freestanding sign shall be higher than 15 feet, measured to the top of the sign from the grade beneath the sign.

E. Freestanding signs. Freestanding signs shall be supported by one or more columns or uprights which are firmly imbedded in the ground. Exposed guy wires, chains or other connections shall not be a support of a freestanding sign.

F. Illuminated signs. Illuminated signs shall be arranged to reflect the light and glare away from adjoining streets and properties, and shall meet the following additional requirements:

(1) All lighting shall be placed and shielded to prevent the lighting from shining into neighboring properties or approaching vehicles.

(2) No sign with red, green, blue or amber illumination in a beam, beacon or flashing form resembling an emergency light, safety or warning device or traffic signal shall be erected in any location.

(3) No sign lighting or control mechanism that interferes with radio or television reception shall be permitted.

G. Information, direction and nameplate signs. Street number designations, nameplate signs, private property signs, no hunting signs, on-site directional signs, parking signs, warning signs and other similar signs are permitted in all zoning districts, in accordance with the following:

(1) Such signs do not require a zoning permit; and

(2) No such sign shall exceed four square foot in area, but the area of the sign shall not be considered when calculating the total sign area otherwise permitted on the property.

H. Maintenance. Signs and, in the case of permitted freestanding signs, the mounting area on the ground level beneath the sign must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated or unsightly.

(1) Any sign that is or is becoming dangerous or unsafe in any manner whatsoever shall be repaired and made safe in conformity with this chapter, or such sign shall be removed by the owner, lessor, agent or occupant of the building, property or land upon which such dangerous or unsafe sign is located.

(2) Should notice be given by the Zoning Officer or Construction Official to an owner, lessor, agent or occupant of a building that a sign is or is becoming dangerous or unsafe, said notice shall require appropriate remedial action to be taken within 10 days from the date of service of the notice, or within a lesser time as shall be specified in the notice in cases where the danger to the public health, safety and general welfare is more imminent.

I. Nonconforming signs. Nonconforming signs may be continued in use, but may not be enlarged, relocated, altered, rebuilt, extended or made less conforming. Failure to keep a sign in good repair for a period of 12 consecutive calendar months shall constitute abandonment, and such sign may not then be replaced or reused but must be removed or be made conforming.

J. Political signs. Political signs are permitted in all zoning districts, provided and in accordance:with the following:

[Amended 12-30-1998 by Ord. No. 98-12; 9-13-2000 by Ord. No. 2000-10]

(1) Each sign shall not exceed 16 square feet in area and shall not be lighted;

(2) Each sign shall be set back at least 25 feet from the paved cartway of each abutting street or, in the instance where an existing building is set back less than 25 feet from the subject paved cartway, then the sign may be set back the same distance as the existing building, or a lesser distance if no alternative exists, provided that, in any case, the sign is located on private property outside of the street right-of-way;

(3) No sign shall be located within a sight triangle easement or in any manner to obstruct the vision of drivers entering or exiting a public street;

(4) Political signs for candidates in an election shall be permitted within 45 days prior to any municipal, Board of Education, state or national election and shall be removed within 10 days after the subject election;

(5) Each sign shall be clearly marked with the name of the person or organization responsible for the removal of the sign; and

(6) All such signs do not need a zoning permit.

K. Real estate signs. Real estate signs temporarily advertising the sale, rental or lease of the premises or portion thereof shall conform to the following requirements:

(1) All real estate signs shall be nonilluminated, shall not exceed six square feet in area and shall not require a zoning permit. One real estate sign is permitted along each side of a lot which has frontage on a street.

(2) For approved site plans or major subdivisions of four or more lots, one sign not exceeding 32 square feet in area shall be permitted during construction advertising the prime contractor(s), architect, financing institution and similar data for the period of construction.

(3) All real estate signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter of business being advertised or, in the case of residential subdivisions, when 95% of the lots have been initially sold. Further, in the case of a subdivision or site plan undergoing construction, the sign shall be removed if construction activity ceases for a period of three consecutive months.

(4) The display of "sold," "too late," "under contract" or similar signs is permitted between the signing of the contract of sale and the date of legal closing.

L. Sign area. The area of a sign shall be measured around the edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background whether open or enclosed, but said area shall not include any supporting framework and bracing incidental to the display itself.

M. Signs with two exposures. Such signs shall be measured for area by using the surface of one side of the sign only; however, both sides of the sign may be used.

N. Street signs.

(1) At the expense of the developer, at least two street signs shall be placed at each four-way street intersection and at least one street sign shall be placed at each "T" intersection.

(a) All street signs shall be placed so as not to obstruct sight distances and shall be located under light standards, if present, so that the street name is clearly visible.

(b) The design of street signs shall be of the style found throughout the Township of Blairstown; shall be of the same uniform size and color; shall read horizontally and not vertically and shall be installed as approved by the Township Engineer.

(c) At signalized intersections, street signs shall be located on the overhead arm supporting the traffic signal or otherwise suitably suspended over the intersection; roadway clearance shall be a minimum of 15 feet from the bottom of any sign or supporting equipment and the top of the paved surface.

(d) If street signs are designed differently than those installed elsewhere in the Township of Blairstown and are approved, upon request of the applicant, by the Land Use Board as part of a site plan or subdivision application, the applicant must make provision for the maintenance and/or replacement of said signs by an entity other than the Township of Blairstown.

[Amended 4-11-2012 by Ord. No. 2012-02]

(2) The size, color, design and placement of traffic control signs shall follow the requirements specified in the current edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways," published by the United States Department of Transportation and adopted by the New Jersey Department of Transportation. Unless otherwise approved by the Township of Blairstown, all off-street signs, including traffic control, shall be located on the same property as the use to which they are related.

O. Wall fascia or attached signs. Wall fascia or attached signs shall be firmly attached to the exterior wall of a building and shall not project more than six inches from the building.

P. Window signs. Temporary interior window signs shall not be considered in computing the allowable sign area provided, however, that such interior signs shall not exceed 25% of the total window area. Temporary window signs shall not require a zoning permit.

Q. Zoning permit for signs. The erection of any sign shall require a zoning permit in accordance with the following, unless specifically exempted within this § 19-516 of this chapter:

[Amended 12-30-1998 by Ord. No. 98-12]

(1) An application for a zoning permit to erect, hang or place a sign shall be submitted on forms obtainable from the Zoning Officer, unless such sign has been specifically approved by the Land Use Board as part of an approved application for development.

[Amended 4-11-2012 by Ord. No. 2012-02]

(2) Each application for any required zoning permit shall be accompanied by plans showing the area of the sign; the size of the sign and the lettering thereon; the method of illumination, if any; the color(s) of the sign; the exact location proposed for the sign; and any other information deemed necessary by the Zoning Officer to confirm conformity with the applicable provisions of this chapter; and

(3) There shall be a fee of $50 per sign for zoning permits.

R. Temporary organization event signs. Upon written application to the Zoning Officer by a Blairstown Township based organization for a special event such as a sale or an election, the Zoning Officer shall issue sign permits for the erection of up to four temporary signs announcing an event sponsored by said organization, if the requirements and regulations listed hereinbelow are met. In any case, no more than four events per year per organization shall be allowed under the provisions of this subsection. Moreover, no construction permits are required for such temporary organization event signs.

[Amended 12-30-1998 by Ord. No. 98-12]

(1) Zoning permits shall not be required for temporary signs and residential yard/garage sales;

(2) There shall be a sign permit fee of $25 for up to four temporary signs per event. Nonprofit organizations are exempt from any fees;

(3) There shall be a sign permit fee of $10 for residential yard/garage sales. Senior citizens shall be exempt from any fees;

(4) The written application to the Zoning Officer by the organization shall include a written representation by the owner of the property upon which a sign is to be located giving permission for the display of the sign;

(5) The written application to the Zoning Officer by the organization shall include a sketch indicating the proposed location of the sign(s) and the graphic material to be placed on the sign(s);

(6) Permitted signs may be freestanding or attached. Each sign shall not exceed 16 square feet in area. If freestanding, the sign shall not exceed five feet in height and shall be set back from all street, driveway and property lines a distance of not less than 25 feet;

(7) The permitted sign shall be located so as not to interfere with driver vision;

(8) All signs shall be constructed of wood or weather resistant composition, be neatly painted and adequately secured for aesthetic and safety purposes. Temporary signs may not be affixed to utility poles, trees located in a public right-of-way or any other public property;

(9) No more than one sign for any particular organization shall be permitted on any particularly property at the same time, and no more than two organization event signs shall be permitted on any particular property at the same time;

(10) Permitted signs may be displayed for a period not to exceed two weeks, and the specific time for the display of all signs shall be indicated on the written application to the Zoning Officer, unless the advertised event occurs earlier, in which instance the sign shall be removed within 24 hours after the event;

(11) Bunting, banners, streamers, seasonal decorations and similar attention-getting devices, except for those installed by the Township, are permitted as temporary signs, provided they are limited to use on the premises where the special event is held and are displayed only during the event, which shall not exceed two weeks;

(12) It shall be the responsibility of the organization to remove all permitted signs prior to the expiration of the specified time period for their display, or within 24 hours following the end of the advertised event, whichever is shorter; and

(13) Upon violation of any portion of this chapter, the person or organization responsible for the removal of permitted signs shall be subject to a fine as provided for in Subsection 16-516U herein.

S. Business directional signs municipally constructed.

(1) Business directional signs shall include off-premise signs constructed by Blairstown Township in accordance with the specifications outlined in this chapter. The signs may be located on public or private lands and shall indicate the name and locational direction of a business located elsewhere within Blairstown Township.

(2) The precise location of the municipally constructed business directional signs will be determined by the Township Committee based upon the locational attributes of a site, the ability to acquire or lease land for the construction of the signs, and the specific requests received by the Township Committee from the business persons as to their particular needs. However, the Township Committee shall be guided by the following locational considerations:

(a) Signs shall be permitted where a motorist must change directions to find the identified business; ordinarily, a sign shall not be located on the roadway where the business is located;

(b) No sign is to be located closer than 200 feet from any traffic controlled device such as a stop sign or traffic light;

(c) No sign is to be located closer than 200 feet from any other grouping of business directional signs, whether privately constructed or publicly constructed in accordance with the terms of this chapter; and

(d) Signs shall be located between 100 feet and 700 feet prior to an intersection and/or between 100 feet and 200 feet after an intersection, depending upon the type of roadway involved.

(3) Signs shall be constructed on a first-come-first-serve basis, and the total number of business directional signs shall be determined by the Township Committee, except that no more than two signs for a single business shall be permitted during the first year of operation and thereafter shall be regulated by the Township Committee.

(4) Applications for a publicly constructed business directional sign shall be made to the Township Committee prior to March 15 on an annual basis. A fee shall be paid in accordance with this chapter.

(5) A sign that is vandalized, removed or destroyed shall be repaired and/or replaced at the cost and expense of the business named on any such sign.

(6) Signs may be located on private or public property and are to be set back at least three feet from the adjacent right-of-way.

(7) All business directional signs shall be three square feet in area, dimensioned one foot in height and three feet in length. The sign letters must be upper and lower case Helvetica type, eight inches high, and shall indicate the name and the business and the direction of travel to the business.

(8) Any sign post may contain up to five additional business directional signs, provided no sign (or the supportive post) may extend higher than seven feet above ground level.

(9) All signs and posts shall be made from yellow pine pressurized treated wood (CCA.4). All signs are to have black lettering on a white background. All posts are to be painted white.

(10) All signs are to be nonlighted.

(11) An initial application fee of $25 shall be required. If the application is approved, a fee of $50 per sign shall be charged for the construction and installation of any new sign. After initial construction, an annual renewal fee of $25 per sign must be paid prior to March 15.

T. Location map plaza.

(1) A location map plaza is a structure which shows maps of Blairstown Township or portions thereof and indicates the location and names of businesses within the municipality.

(2) A location map plaza shall be located on municipal lands in any zoning district where determined feasible and appropriate by the Township Committee, considering the availability of land, vehicular accessibility, and the visibility of the site to the traveling public.

(3) Applications for a business listing on the location map shall be made to the Township Committee prior to March 15 on an annual basis. After review by the Township Committee, all approved business listings shall be entered on the Location Plaza Map on or about the following June 1.

(4) The location map plaza shall be a two-sided wood structure no higher than 10 feet above ground level. The structure shall be topped with an overhang roof to protect people viewing the maps, which roof shall be mounted on both sides of the structure under glass. Recessed lighting also may be housed in the roof overhang.

(5) One map is to be of the entire Township and indicate all participating businesses outside of Blairstown Village proper. A second map is to be of the village and shall indicate all participating businesses therein.

(6) An initial application fee of $25 shall be required. After the initial listing, an annual renewal fee of $10 must be paid prior to March 15.

U. Fines for violations. Upon violation of any portion of this section, the person or organization responsible shall be subject to a fine of not less than $100 per sign. Each violation shall be considered a separate offense.

[Amended 12-30-1998 by Ord. No. 98-12]

§ 19-517 Streets, curbs and sidewalks.

A. Streets.

(1) All developments shall be served by paved streets in accordance with the subdivision and/or site plan application for development approved by the Land Use Board.

[Amended 4-11-2012 by Ord. No. 2012-02]

(2) The arrangement of new streets shall conform with the topography as far as practicable. Moreover, when a new development adjoins land susceptible of being subdivided or developed in the future, suitable provisions shall be made for access to adjoining lands.

(3) Two means of access from existing streets to a new development shall be provided, where feasible. Where only one means of access is provided and is appropriately approved by the Land Use Board, future extension(s) into adjacent, adjoining lands may be required, unless existing physical conditions prohibit such connections.

[Amended 4-11-2012 by Ord. No. 2012-02]

(4) In general, local residential streets shall be curved wherever possible in order to avoid conformity of lot appearance and to discourage through traffic.

(5) In the event that a development adjoins or includes existing streets that do not conform to the street widths as shown on the adopted Master Plan or Official Map and/or the street width requirements of this chapter, additional land along either or both sides of the street, sufficient to conform to the right-of-way requirements, shall be dedicated for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way, provided the following:

(a) The necessary deeds of ownership shall be furnished and the dedication shall be expressed as follows: "Street right-of-way granted for the purposes provided for and expressed in the Land Use Regulations Ordinance of Blairstown Township."

(b) If the development is along one side only, 1/2 of the required extra width shall be dedicated and shall be improved, including excavation, base course and surfacing, in accordance with the approved application.

(c) Final approval of a development application shall not be construed as the acceptance of a street or portion thereof dedicated to public use.

(6) If the subdivision or site plan abuts a major arterial or collector road, the proposed plan shall minimize the number of curb cuts or entrances onto and exits from the road.

(7) Streets shall be of sufficient width and of suitable design to accommodate prospective traffic, but in all cases shall have a right-of-way width, measured from lot line to lot line, of not less than 50 feet.

(8) The roadway design specifications for all streets within the Township of Blairstown not constructed as part of a residential subdivision and/or not constructed to serve a residential use shall be as follows (See Subsection 19-517A(9) of this chapter for the roadway design specifications for streets constructed as part of a residential subdivision and/or constructed to serve a residential use):

[Amended 4-11-2012 by Ord. No. 2012-02]

		Traffic Lanes
Roadway Category	R-O-W Width[1]	No.	Width	Shoulder Width in Cartway	Width Outside Cartway[2]	Width of Cartway
Major Collector[3]	60'	2	12' each	7', Not Always Paved[4][5]	11' Each Side	38'
Minor Collector[3]	54'	2	11' each	5', Not Always Paved[4][5]	11' Each Side	32'
Rural Local[3]	50'	2	11' each	3', Not Always Paved[4][5]	11' Each Side	28'
Neighborhood Local[6]	50'	2	15' each	Not Applicable	10' Each Side	30'

FOOTNOTES TO PROPOSED ROADWAY DESIGN SPECIFICATIONS
[1]The right-of-way width and/or cartway width may be required to be wider within and approaching intersections.
	[a]	The right-of-way width includes the paved traffic lanes, the shoulders and the land area outside the shoulders where sidewalks, street trees and other such public improvements may be located when required by ordinance.
	[b]	The cartway width includes the paved traffic lanes and the shoulders, whether or not paved in accordance with Footnote [4] hereinbelow.
[2]The area outside the cartway on both sides of the road shall be grass stabilized topsoil at least four inches thick except and in accordance with the following:
	[a]	Sidewalks and bike lanes shall be located within this land area as may be required by the Land Use Board.
	[b]	Street trees and other landscaping shall be planted in this land area also as required by the Land Use Board.
[3]No on-street parking is permitted.
[4]Shoulder areas shall not be paved except as may be required by Land Use Board for proper surface water drainage, intersection traffic movements and/or road geometry through curves.
	[a]	Where not required to be paved, the shoulder area shall remain in its natural vegetative state; or
	[b]	Where directed by the Township Engineer, the shoulder area shall be cleared for sight distance safety purposes, be improved for drainage purposes, and/or be cleared, graded and appropriately stabilized with an all-weather surface for traffic movements and/or the parking of disabled vehicles.
[5]Where required by the Land Use Board, bike lanes at least four feet in width shall be provided adjacent the traffic lanes, within the required shoulder width, and on both sides on the roadway. Such lanes shall be appropriately signed and marked, in accordance with the New Jersey Department of Transportation's "Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines."
[6]Streets within a planned development not otherwise specified on the Traffic Circulation Plan Map shall ordinarily be considered neighborhood local streets, except for the major streets within the development expected by the Land Use Board to carry relatively significant volumes of traffic; such major streets shall meet the standards herein for minor collector streets.
[7]Except in specific instances where a pavement width of 28 feet may be appropriate and parking is permitted only on one side, as approved by the Land Use Board.

(9) The roadway design specifications for all streets and parking within the Township of Blairstown constructed as part of a residential subdivision shall be in accordance with the specifications noted hereinabove in Subsection 19-517A(8) and elsewhere in this chapter except as modified or superseded by the specifications within Subchapter 4 of the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-4).

(10) The grading of streets within the Township of Blairstown shall adhere to the following standards:

(a) Street grades of major collector roads shall not exceed 8%, street grades of minor collector roads shall not exceed 10% and the street grades of rural local and neighborhood local roads shall not exceed 12%;

(b) The minimum street grade permitted on all roads shall be 0.5%;

(c) The maximum grade within 50 feet of an intersection, measured from the nearest right-of-way level, shall be 5%. Intersections shall be designed with a flat grade wherever practical; and

(d) All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.

(11) Street intersections within the Township of Blairstown shall adhere to the following standards:

(a) Street intersections shall be as nearly at right angles as possible and in no case shall be angled at less than 75°;

(b) Approaches to all intersections involving nonlocal roads shall follow a straight line, or a curve with a radius of not less than 700 feet, for at least 100 feet;

(c) No more than two streets shall meet or intersect at any one point, and the center lines of both intersecting streets shall pass through a common point;

(d) The use of "T" intersections in subdivisions is encouraged;

(e) Street jogs with center-line offsets of less than one hundred 150 feet are prohibited;

(f) Ordinarily, any development abutting an existing street classified as a nonlocal street shall be permitted only one new street connecting with the same side of the existing nonlocal street; except that where the frontage is sufficient, more than one street may intersect with the nonlocal street, provided that the streets shall not intersect with the same side of the existing street at intervals less than 800 feet;

(g) The block corners of intersections shall be rounded at the curbline, with the street having the highest radius requirement as outlined below determining the minimum standards for all curblines:

[1] Major collector streets: 35 feet;

[2] Minor collector streets: 30 feet; and

[3] Neighborhood local and rural local streets: 25 feet.

(12) The curvature of streets within the Township of Blairstown shall adhere to the following standards:

(a) The minimum center-line radius for local streets shall be 100 feet, the minimum center-line radius for minor collector streets shall be 150 feet, and the minimum center-line radius for major collector streets shall be 300 feet;

(b) A tangent of at least 50 feetlong shall be required between reverse curves on local streets, a tangent of at least 100 feet long shall be required between reverse curves on minor collector streets; and a tangent of at least 150 feet long shall be required between reverse curves on major collector streets;

(c) When connecting street lines deflect from each other at any one point, they shall be connected by a curve with a radius conforming to standard engineering practice as contained in the "Transportation and Traffic Engineering Handbook," ITE, latest edition; and

(d) Vertical and horizontal curves and the sight easements on such vertical and horizontal curves shall be designed in accordance with the 1990 American Association of State Highway and Transportation Officials (AASHTO) street standards, "A Policy on Geometric Design of Highways and Streets."

(13) Cul-de-sac streets within the Township of Blairstown shall adhere to the following standards:

(a) Cul-de-sac streets provide access to no more than 24 dwelling units;

(b) The turnaround bulb at the end of the cul-de-sac street shall have a radius of 50 feet on the curbline, plus a utility and planting strip of 10 feet around the entire turnaround bulb;

(c) The center point for the radius of the turnaround bulb shall be offset to a point where the radius becomes tangent to the right curbline of the associated street wherever possible; otherwise, the center point shall be the center line of the associated street; and

(d) If a cul-de-sac is temporary, the turnaround bulb shall be provided temporarily, with provisions for the future extension of the street and the reversion of the excess right-of-way to adjoining properties.

(14) The naming of streets within the Township of Blairstown shall adhere to the following standards and procedures:

(a) No street shall have a name which duplicates or so nearly duplicates the name of an existing street name that confusion will result;

(b) The continuation of an existing street shall have the same name, and curvilinear streets shall change their name only at street intersections; and

(c) The Land Use Board shall approve the name(s) of any street(s) within a proposed development.

[Amended 4-11-2012 by Ord. No. 2012-02]

(15) When a street within a major subdivision development intersects with a nonlocal street, a deceleration lane shall be provided for traffic turning right into the development from the nonlocal street. The deceleration lane is to be at least 200 feet long and 13 feet wide, measured from the proposed edge of the pavement of the nonlocal street. A minimum forty-foot curb return radius shall be used from the deceleration lane into the subdivision development.

(16) The subsurface, base and surface paving materials of the streets within the Township of Blairstown shall adhere to the following standards:

(a) All streets under the jurisdiction of Warren County and the State of New Jersey shall adhere to the minimum standards set forth by the County or State Engineers when said paving concerns roads under their respective jurisdiction and where such standards exist.

(b) Concerning streets under the jurisdiction of the Township of Blairstown not constructed as part of a residential subdivision (which are subject to Subchapter 4, "Streets and Parking" of the New Jersey Residential Site Improvement Standards), and concerning any privately owned paved accessway functioning as a street, the following minimum paving standards shall apply:

[1] All streets are to be constructed in accordance with plans and specifications which have been prepared by a New Jersey licensed professional engineer and which have been approved by the Township Land Use Board and Township Engineer.

[Amended 4-11-2012 by Ord. No. 2012-02]

[a] The plans and specifications shall include information, both in profile and cross section, regarding the existing topographic conditions within the proposed right-of-way and the final finished road grades.

[b] The plans and specifications shall provide for a road design that complies with the requirements of this chapter.

[2] All streets shall be constructed in accordance with the "Standard Construction and Detail Sheets," as attached herewith to this Article 19-500, and with the New Jersey Department of Transportation's "Standard Specifications for Road and Bridge Construction (1989)," as amended from time to time.

[3] On all streets, the subbase course shall be a minimum of four inches compacted thickness of quarry process stone, Type 5, Class A, applied over the compacted subgrade, subject to the following:

[a] Where subbase conditions are yielding or otherwise unsatisfactory in the opinion of the Township Engineer, the unsatisfactory subbase conditions shall be corrected prior to the application of the base and surface courses; and

[b] The unsatisfactory subbase conditions shall be corrected by scarifying, reshaping and recompacting, or by replacement; all as determined to be required by the Township Engineer in order to rectify the unsatisfactory conditions.

[4] The base course for streets under the jurisdiction of Blairstown Township shall meet the following minimum paving specifications:

[a] On all rural local and neighborhood local streets, the base course shall be four inches of bituminous concrete, Mix No. I-2, constructed in two layers, each not less than two inches of compacted thickness.

[b] On all minor collector streets, the base course shall be five inches of bituminous concrete, Mix No. I-2, constructed in two layers, each not less than 2 1/2 inches of compacted thickness.

[c] On all major collector streets, the base course shall be six inches of bituminous concrete, Mix No. I-2, constructed in two layers, each not less than three inches of compacted thickness.

[5] The surface course for all streets under the jurisdiction of Blairstown Township shall consist of two inches of bituminous concrete surface course, Mix No. I-5.

[6] If any alternate paving section is proposed by the developer, it shall be supported by a written report prepared by a New Jersey licensed engineer and submitted to the Township Engineer. Such alternate paving section may be approved by the Township Engineer if he/she or she determines that the alternate paving section is structurally equal to or better than the applicable required paving section noted hereinabove in this Subsection 19-517A of this section.

B. Curbs and gutters.

(1) Curbing, either granite block or concrete, shall be installed in the following locations in the following locations and for the following purposes as approved by the Land Use Board:

[Amended 4-11-2012 by Ord. No. 2012-02]

(a) At all street intersections;

(b) Where stormwater velocities exceed the erosion velocities specified in the "New Jersey Soil Erosion And Sediment Control" standards specified by N.J.S.A. 4:24-39 et seq.;

(c) Where required for traffic channelization control or other public safety reasons; and

(d) Along both sides of all streets where on-street parking is permitted and/or is likely to occur.

(2) Curbs, either granite block or concrete, and gutters shall be constructed in accordance with the "Standard Construction and Detail Sheets," as attached herewith to this Article 19-500, and in accordance with the following:

(a) The curbing shall be designed to provide depressed barrier-free curb ramps for bicycles and/or wheelchairs in accordance with the Design Standards for Curb Ramps for the Physically Handicapped of the New Jersey Department of Transportation and the Americans With Disabilities Act.

(b) Regarding concrete curbs, the standard section shall be a maximum of 10 feet in length, with an expansion joint every 20 feet, and shall be prepared in accordance with the requirements of the New Jersey Department of Transportation, "Standard Specifications for Road and Bridge Construction," latest edition.

(c) Where drainage inlets are constructed, but curbs are not otherwise required, curbing shall be provided at least 10 feet on each side of the inlet.

C. Sidewalks.

(1) Sidewalks and walkways (and related aprons) associated with streets shall be required within the Township of Blairstown in accordance with the following criteria:

(a) Existing sidewalks shall be extended throughout all areas of the Township when the roads upon which they are located are extended;

(b) Sidewalk shall be provided throughout all areas of the Township between existing and/or previously approved sidewalks, unless specifically waived in specific locations by the reviewing Board based upon good cause, such as the existence or proposal of alternate linkages for pedestrian movement, and/or a determination that such specific linkages will not be utilized, and/or other specific reasons;

(c) Sidewalks in residential zoning districts shall be provided in accordance with N.J.A.C. 5:21-4.5 of the New Jersey Residential Site Improvement Standards which, in most instances, do not require sidewalks on the following streets:

[1] In residential developments where the average lot size of all residential lots exceeds three acres in area; and

[2] Along the sides of permanent culs-de-sac not more than 1,250 feet in length (measured from the center line of the intersecting street to the center of the cul-de-sac bulb) and not providing access to more than 10 dwelling units.

(d) Where sidewalks are not provided, the Land Use Board may require the installation of a paved area at both corners of the intersection for pedestrians waiting off-street, particularly for students waiting for a school bus.

[Amended 4-11-2012 by Ord. No. 2012-02]

(2) Sidewalks associated with streets may be located in the traditional manner between the proposed edge of pavement and parallel to the right-of-way line of the street or, in the alternative, the Land Use Board may permit the sidewalks to be set back from the proposed edge of pavement and be constructed in a meandering pattern in order to preserve topographical and other natural features and to provide visual interest.

[Amended 4-11-2012 by Ord. No. 2012-02]

(3) Sidewalks shall be at least four feet wide, shall be concrete and shall be constructed in accordance with the Standard Construction and Detail Sheets, as attached to this Article 19-500, and in accordance with the following:

(a) Sidewalks shall be constructed upon a compacted subgrade overlaid with at least four inches of porous material such as sand or gravel;

(b) Concrete sidewalks shall be at least four inches thick, except at points of vehicular crossing where they shall be at least six inches thick with reinforcement of welded wire fabric mesh or an equivalent;

(c) Concrete air-entrained sidewalks shall be of concrete having a twenty-eight-day compressive strength of 4,000 pounds per square inch; and

(d) Where the subgrade is yielding or otherwise unsatisfactory in the opinion of the Township Engineer, all unsuitable material shall be removed and suitable material shall be applied until the subgrade is nonyielding to the satisfaction of the Township Engineer.

§ 19-518 Swimming pools.

A. Private residential swimming pools.

(1) No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a principal residential building.

(2) A private residential swimming pool shall be enclosed by a permanent fence sufficient to make the pool inaccessible to small children in accordance with the following, and, in any case, the fence must meet the requirements as specified in the Uniform Construction Code of the State of New Jersey.

(a) The fence, including the gate therein, shall not be less than four feet in height, nor more than six feet in height; and

(b) All gates shall be self-closing and self-latching with latches placed four feet above the underlying ground and otherwise made inaccessible from the outside to small children.

(3) In the case of hot tubs and whirlpools only, a natural barrier, hedge, pool cover or other protective device approved by the Construction Official shall be an acceptable enclosure so long as the degree of protection afforded by the substituted device or structure is not less than the protection afforded by a fence with self-closing and self-latching gates as described hereinabove in Subsection 19-518A(2) regarding a private residential swimming pool.

(4) Any lighting in connection with a private residential swimming pool shall be directed downward and shielded from adjacent properties.

B. Commercial or public swimming pools.

(1) No commercial or public swimming pool shall be constructed or installed unless approved by the Board as part of a site plan approval for a principal permitted use as specified in Article 19-400 or Article 19-600 of this chapter, as may be applicable.

(2) Commercial or public swimming pools shall be classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute or the Swimming Pool Code of New Jersey, latest edition, whichever is more stringent.

§ 19-519 Water supply facilities.

All subdivisions, site plans and individual dwelling units shall be provided with water supply facilities in such a manner as to provide adequate and continuous potable water to each buildable lot within the development or site.

A. Individual wells.

(1) Well installation, sealing and testing shall be in accordance with the "New Jersey Standards for Construction of Water Supply Systems in Realty Improvements" (Chapter 199 of the Public Laws of 1954),[1] as amended, and other applicable state, Warren County and Blairstown Township Board of Health laws, guidelines and resolutions.

[1] Editor's Note: See N.J.S.A. 58:11-23 et seq.

(2) Prior to being placed in consumer use and prior to the issuance of a certificate of occupancy for any building served by the well, the developer shall certify to the Blairstown Board of Health that all applicable state, county and Township regulations have been met.

B. Water supplies for fire protection. For all major subdivisions consisting of 10 or more lots and all major site plans in the Township of Blairstown, and where public water service is not provided, the developer, at his/her sole expense, shall install a fire protection system for the refill of pumper trucks in accordance with the criteria stipulated in § 19-506B of this chapter.

§ 19-520 Soil fill placement.

[Added 8-14-2019 by Ord. No. 2019-18]

A. Title. This section shall be known as the "Soil Fill Ordinance of the Township of Blairstown."

B. Purpose and findings. The Township Committee finds that the unregulated and uncontrolled placement and movement of soil and other mineral deposits can result in conditions detrimental to the public safety, health and general welfare. Such conditions substantially hamper and deter the efforts of the Township to effectuate the general purposes of municipal planning. Soil movement operations and filling operations should relate to the overall physical development of the area within which the operation is located. It is essential that all soil movement operations and filling operations be reviewed and approved by the Township Zoning Officer and/or Township Engineer. All soil movement operations and filling operations must be conceived and operated in such a way that there will be no appreciable harmful effects to the environment. In order to best ensure that all soil movement operations and filling operations are an asset to the Township of Blairstown, rather than a liability, all such operations shall adhere to the conditions, restrictions and provisions outlined in this section.

C. Definitions. The words defined in this section shall mean and include the following when used in this section:

APPROVED PLAN

A plan for the placement of soil fill approved by the Zoning Official and/or the Township Engineer (minor permit) or by the Township Land Use Board (major permit) pursuant to the provisions of this section.

LAND USE BOARD

The Land Use Board of the Township of Blairstown.

MAJOR SOIL FILL PERMIT

A permit for the fill of more than 500 cubic yards of soil.

MINOR SOIL FILL PERMIT

A permit for the fill of more than 50 cubic yards of soil but less than 500 cubic yards of soil.

PERMIT

A soil fill permit.

PERSON

Includes an individual, a partnership, a corporation or any other legal entity.

SOIL

Includes dirt, stone, gravel, sand, humus, clay, loam and mixtures of any of these, but this shall not include quarry process or rock products utilized in the construction of roads, driveways or similar types of construction.

TOPSOIL

The arable soil within eight inches of the surface.

TOWNSHIP

The Township of Blairstown.

D. Permit required. No person shall fill or cause the placement of any soil on any premises in the Township of Blairstown whether such fill be for sale, gift or otherwise, unless a permit therefore is first secured from the Township Zoning Official and/or Township Engineer or the Township Land Use Board as hereinafter provided. A permit shall not be required for the moving or placement of fill or less than 50 cubic yards of soil.

E. Exceptions and exemptions.

(1) The provisions of this section shall not apply to excavations or fill for building foundations, septic tanks or sanitary installations, provided that no excavation or construction of any kind shall take place until a site plan or permit has been approved by the Construction Official and/or Department of Health as required by law.

(2) Nothing in this section shall be construed to affect or apply to any person engaged in the moving of soil in and upon lands enrolled in the Soil Conservation Program of the Warren County Soil Conservation District, Department of Agriculture Soil Conservation Service and for which lands an approved farm plan has been established by said agency, provided that all soil moving operations and fill operations in and upon such lands are performed in accordance with said approved farm plan and provided further that a copy of said approved farm plan is placed on file with the Township prior to any soil moving operations or fill operations.

(3) A separate soil permit under this section shall not be required for subdivisions and/or site plans approved pursuant to other sections within this article.

(4) Nothing in this section shall be construed to affect or apply to any person engaged in a state-mandated cleanup plan; provided that all soil moving, removal operations and fill operations are performed in accordance with said cleanup plan and provided further that notice of the state-mandated cleanup plan is placed on file with the Township Engineer prior to any soil moving, removal operations or fill operations.

(5) The provisions of this section shall not apply to the storage of sand, soil, stone, topsoil, mulch or other similar materials on lawfully existing landscaping and contractor yards provided that the outdoor storage of materials on said property has previously been established and does not require site plan approval pursuant to this article.

(6) This section does not regulate the movement and placement of soil fill directly related to agricultural uses on farm properties within the Township of Blairstown and does not supersede any rights granted under the Right to Farm Act.[1]

[1] Editor's Note: See N.J.S.A. 4:1C-1 et seq.

F. Application for permit.

(1) Application for a minor soil fill permit shall be filed with the Township Zoning Officer who shall issue the permit based upon substantial compliance with the provisions of this section, provided, however, that the Township Zoning Officer and/or the Township Engineer shall have the authority to deny a permit if he/she determines that the placement of fill would be detrimental to the health, welfare or safety of the general public. The denial shall be in writing setting forth the reasons for same.

(2) Application for a major soil fill permit shall be filed with the Township Land Use Board and shall be accompanied by a fee prescribed in § 19-901, Fees. An appropriate number of copies of the application shall be submitted on forms prescribed by the Township Land Use Board and supplied to the Secretary to the Board.

(3) The application for minor and major permits shall set forth the following:

(a) Name and address of the applicant.

(b) Name and address of the owner, if other than the applicant.

(c) The description and location of the land in question, including tax map block and lot numbers.

(d) The purpose or reason for placement of soil.

(e) The nature and quantity, in cubic yards, of soil to be filled.

(f) The source of material to be used as fill and certification that the fill can be considered "clean fill" as regulated by local and state regulations.

(g) The location to which the soil is to be placed.

(h) The proposed date of completion of the soil fill.

(i) Supporting documentation as required to adequately address and comply with the purpose and provisions of this section.

(j) An approved soil erosion and sediment control permit (if applicable).

G. Supporting documentation for a major soil fill application. The application for a major soil fill permit shall be accompanied by a topographic map or maps prepared and certified by a professional engineer or land surveyor. The scale of said map shall not be more than 100 feet to the inch and shall include the following:

(1) Key map.

(2) Existing contour lines at five-foot intervals.

(3) Proposed contour lines at five-foot intervals after fill of the soil.

(4) All existing structures, all existing roads and drainage within 200 feet of the property.

(5) Location of all property lines.

(6) Location of any wetlands, streams, or other environmentally sensitive areas on the property.

(7) Location of any topsoil storage areas.

H. Referral. Upon receipt of an application for a major soil fill permit, the Land Use Board Secretary shall forthwith send a copy of same to the Zoning Officer, Construction Official, Township Engineer, and the Environmental Commission who shall review the application, and they shall make their best efforts to submit their reports and recommendations, and their reasons, to the Township Land Use Board within 30 days of receipt of the application. Failure to file such a report within the required time period may be deemed an approval of the application by such department, officials and commissions.

I. Action by Land Use Board; notice of hearing on major soil fill applications.

(1) The Township Land Use Board shall grant or deny the application within 45 days after receipt of the reports and recommendations of the Zoning Officer, Construction Official, Township Engineer and Environmental Commission. On an application for a major soil fill permit, the Land Use Board shall schedule a public hearing and shall notify the applicant of the date of such hearing. The applicant shall notify, in writing, all property owners within 200 feet of the extreme limits of the property, as their names appear on the Township tax records, at least 10 days prior to the date of the hearing on the application. The notice shall be given in person or by registered mail and shall state the reason for the hearing; the time and place of the hearing as fixed by the Township Land Use Board; a brief description of the property; and that a copy of the application and map has been filed with the Township Clerk for public inspection. The applicant shall also cause notice of the hearing to be published in the official newspaper of the Township, at least 10 days prior to the date of the hearing.

(2) Five days prior to the hearing, the applicant shall present to the Township Land Use Board Secretary the following:

(a) Certification, in the form of an affidavit, signed and sworn by the affiant, affirming that they have notified all property owners, as required in Subsection I(1) above.

(b) Proof of publication of the newspaper notice required in Subsection I(1) above.

J. Factors to be considered in approving permits. In considering and reviewing the application and arriving at a decision, the Zoning Officer and/or Township Engineer (minor permit) and the Township Land Use Board (major permit) shall be guided by and take into consideration the public health, safety and general welfare and the general purposes of municipal planning, and particulate consideration shall be given to the following factors:

(1) Soil erosion by water and sand.

(2) Surface water drainage.

(3) Soil fertility.

(4) Lateral support of abutting streets and lands.

(5) Public health and safety.

(6) Land values and uses.

(7) Contours, both existing and proposed.

(8) Existing contours and topographic character of the land prior to the placement of any soil and proposed contours which will result subsequent to the placement of soil in accordance with the soil fill application.

(9) Whether the proposed placement of soil is necessary and incidental to the development of the property for its intended use or whether the proposed placement of fill constitutes primarily a commercial activity.

K. Issuance of permit. A permit shall be issued after the approval of the application by the Zoning Officer and/or the Township Engineer (minor permit) or by the Land Use Board (major permit). The approval shall specifically list the total number of cubic yards of soil authorized to be filled as calculated by the Township Engineer based upon the contour maps submitted and approved.

L. Enforcement.

(1) The Township Zoning Officer, Township Police Department or other official designated by the Township Committee, shall have the authority to enforce the provisions of this section and to issue summonses to any person importing soil without a permit.

(2) The Township Engineer, or other official designated by the Township Committee, shall have the authority to enforce the provisions of this section with respect to persons importing soil with a permit. The Township Engineer, or other designated official, shall, from time to time, upon their own initiative, and whenever directed by the Township, inspect the premises for which permits have been granted to ensure compliance with the terms of the permit and this section. The Township Engineer, or other designated official, shall have the right to enter upon any lands for the purpose of examination and inspection of the operation without advance notice.

(3) After notice and an opportunity to be heard before the Zoning Officer, Township Engineer, or other designated official, the permit of any person may be revoked or suspended for such period as may be determined for any violation of the terms hereof or the terms and conditions of any permit granted hereunder. In addition to the revocation provided for herein, any person who violates this section or any director or officer of a corporation who participates in a violation of this section shall, upon conviction thereof, be subject to a minimum fine of $2,000, or imprisonment for a period not to exceed 90 days, or both. Each and every day that such violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense.

(4) In addition to the penalties set forth above, the Township shall have the right, but not the obligation, to pursue injunctive relief in the Superior Court of New Jersey, Warren County, including but not limited to requiring the removal of any soil imported without a permit, testing to ensure no presence of contaminated soil, and site restoration.

§ 19-521 Operating requirements.

[Added 8-14-2019 by Ord. No. 2019-18]

A. Method of operation. If a permit is issued for the placement of soil as provided herein, the owner or person in charge shall so conduct the operations that there shall be no sharp declivities, pits or depressions, and in such manner that the area shall be properly leveled off, cleared of debris, and graded to conform with the contour lines and grades as required and shown on the approved plan.

B. Regulation of operation. No soil shall be placed nor shall any operation be conducted so as to violate any of the regulations contained in this section after a permit is granted.

C. Deposit of soil on adjoining property or public roads. Soil fill shall not be deposited or in any way thrown or placed upon adjoining property or public roads. Any soil or material resulting from any such operation accumulating on any adjoining property or public road shall be removed therefrom immediately upon notice to the permittee of such accumulation.

D. Compliance with other standards and terms of permit. All operations shall be conducted in strict accordance with any state law, other ordinances of the Township, and the terms and conditions of any permit granted for such operations.

E. Nuisances and unsafe conditions. The operation shall be so conducted as to not constitute a nuisance, and in no event shall said operation create any hazardous or unsafe condition with regard to any person or persons. Natural screening is to be preserved by the applicant.

F. Restoration of area.

(1) Upon completion of any operation delineated on the approved plan, said area shall be properly leveled off, cleared of debris, and graded to conform to the contours and grades as approved by the Zoning Officer and/or Township Engineer. A final map for all major soil fill permits shall be submitted containing and complying with all requirements of this section and the preceding section, "Soil fill placement."

(2) No trash, junk or debris may be stored in any area, and no safety hazards will be permitted, either during or after completion of operations.

G. Storage limitations. The material stored shall not exceed a height of 20 feet, and the maximum storage slope shall be 45°.

H. Enforcing officer; inspections. The Zoning Officer and/or the Township Engineer are hereby designated as the officer whose duty it shall be to enforce the provisions of this section. They shall, from time to time, upon their own initiative, and whenever directed by the Township, inspect the premises for which permits have been granted to ensure compliance with the terms of the permit and this section. The Zoning Officer and/or the Township Engineer shall have the right to enter upon any lands for the purpose of examination and inspection of the operation without advance notice.

I. Use of streets for soil transportation. In the placement of soil or fill operation, the applicant shall cause such streets to be kept free from dirt and debris resulting from such soil or fill operation.

§ 19-522 Fees; bonds; penalties and miscellaneous provisions.

[Added 8-14-2019 by Ord. No. 2019-18]

A. Permit fees; inspection fees.

(1) The fees for a minor or major soil placement permit are set forth in § 19-901.

(2) The permittee shall be responsible for all of the inspection fees of the Township Engineer incurred in making inspections.

B. Revocation of permit; violations and penalties. After notice and an opportunity to be heard before the Zoning Officer, Township Engineer, or other designated official, the permit of any person may be revoked or suspended for such period as may be determined for any violation of the terms hereof or the terms and conditions of any permit granted hereunder. In addition to the revocation provided for herein, any person who violates this section or any director or officer of a corporation who participates in a violation of this section shall, upon conviction thereof, be subject to a minimum fine of $2,000, or imprisonment for a period not to exceed 90 days, or both. Each and every day that such violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense.

C. Other permits. Nothing contained in this section shall be construed to affect the owner's application for soil erosion and sediment control permits or any other state or federal regulations or permits as required.