[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).
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.
[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)
(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.
CAFRA CENTERS, CORES or NODES
CAFRA PLANNING MAP
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
DISTURBANCE
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOODS
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
(1)
(a)
(b)
(c)
(d)
(2)
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
(1)
(2)
(3)
(4)
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
(3)
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
TIDAL FLOOD HAZARD AREA
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONES
URBAN REDEVELOPMENT AREA
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this chapter.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Board of Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A state development and redevelopment plan center as designated
by the State Planning Commission, such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. In the case of development of agricultural land,
development means any activity that requires a state permit, any activity
reviewed by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
Neighborhoods designated by the Urban Coordinating Council
"in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership, such as wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including, but not limited to; stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a "subwatershed," which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
Is the process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual development, as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of regulated impervious surface
since February 2, 2004;
The creation of 1/4 acre or more of regulated motor vehicle
surface since March 2, 2021, or the effective date of this section,
whichever is earlier; or
A combination of Subsection B(1)(b) and (c) above that totals
an area of 1/4 acre or more. The same surface shall not be counted
twice when determining if the combination area equals 1/4 acre or
more.
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of Subsection B(1)(a), (b), (c) or (d) above. Projects undertaken
by any government agency that otherwise meet the definition of "major
development" but which do not require approval under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major
development.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation, including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Subsection 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.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, groundwaters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or
Quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant, where the water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization efforts.
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.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
Is defined as previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation."
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;
(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
|
(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.
(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.
(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
(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.
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.
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.
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.
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.
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;
(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]
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]
A.
Basic design requirements.
(1)
Insofar as is practical, side lot lines shall be either
at right angles or radial to street lines.
(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.
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.
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.
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.
(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).
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.
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.
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.
(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.
[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.
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:
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]
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:
(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.
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.
(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.
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.
[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.
APPROVED PLAN
LAND USE BOARD
MAJOR SOIL FILL PERMIT
MINOR SOIL FILL PERMIT
PERMIT
PERSON
SOIL
TOPSOIL
TOWNSHIP
Definitions. The words defined in this section shall mean and include
the following when used in this section:
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.
The Land Use Board of the Township of Blairstown.
A permit for the fill of more than 500 cubic yards of soil.
A permit for the fill of more than 50 cubic yards of soil
but less than 500 cubic yards of soil.
A soil fill permit.
Includes an individual, a partnership, a corporation or any
other legal entity.
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.
The arable soil within eight inches of the surface.
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.
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:
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.
[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.
[Added 8-14-2019 by Ord. No. 2019-18]
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.
