Township of Fairfield, NJ
Essex County
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Table of Contents
Table of Contents
[1969 Code 62-1; Ord. No. 656]
This chapter shall be known and may be cited as the "Land Subdivision and Site Plan Regulations of the Township of Fairfield."
[1969 Code § 62-2; Ord. No. 656]
The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivision and site development in the Township in order to promote the public health, safety, convenience and general welfare of the municipality. It shall be administered to ensure the orderly growth and development, the conservation, protection and proper use of land and adequate provision for circulation, utilities and services.
[1969 Code § 62-3; Ord. No. 656]
The approval provisions of this chapter shall be administered by the Township of Fairfield Planning Board in accordance with Chapter 291 of the Laws of New Jersey 1975.
[1969 Code § 62-4; Ord. No. 656]
As used in this chapter:
ADMINISTRATIVE OFFICER
Shall mean the Secretary of the Planning Board.
APPLICANT
Shall mean developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
Shall mean the application form and all accompanying documents required by this chapter for the approval of a subdivision plat, site plan, conditional use, zoning variance or direction of the issuance of a permit pursuant to Chapter 291 of the Laws of New Jersey 1975.
APPROVING AUTHORITY
Shall mean the Planning Board of the municipality unless a different agency is designated by ordinance when acting pursuant to the authority of Chapter 291 of the Laws of New Jersey 1975.
BOARD OF ADJUSTMENT
Shall mean the Board established by the Zoning Ordinance of the Township of Fairfield.
BUILDING
Shall mean a combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
CAPITAL IMPROVEMENT
Shall mean a governmental acquisition of real property or major construction project.
CIRCULATION
Shall mean systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits.
CONDITIONAL USE
Shall mean a use permitted in a particular zoning district only upon showing that such use, in a specified location, will comply with the conditions and standards for the location or operation of such use, as contained in the Zoning Ordinance, and upon the issuance of an authorization therefor by the Planning Board.
CONSTRUCTION STANDARDS
Shall mean the construction specifications and standard construction details as prepared by Charles G. Burns, Municipal Engineer, Township of Fairfield, as amended and supplemented.
COUNTY MASTER PLAN
Shall mean a composite of the Master Plan for the physical development of Essex County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 27-4.
COUNTY PLANNING BOARD
Shall mean the Planning Board of Essex County.
DEVELOPER
Shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
Shall mean 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 other structure or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or an extension of the use of land, for which permission may be required.
DEVELOPMENT REGULATION
Shall mean a Zoning Ordinance, Subdivision Ordinance, Site Plan Ordinance, Official Map Ordinance or other municipal regulation of the use and development of land, or an amendment thereto.
DRAINAGE
Shall mean the removal of surface water or groundwater from land by drains, grading or other means and includes the control of runoff to minimize erosion and sedimentation during and after construction or development and the means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY
Shall mean the public or private lands required, reserved, dedicated or prohibited from development and by easement for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the New Jersey Statutes Annotated.
EROSION
Shall mean the detachment and movement of soil or rock fragments by water, wind, ice and gravity.
FINAL APPROVAL
Shall mean the official action of the Planning Board taken on a preliminarily approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or the guaranties properly posted for their completion or approval has been conditioned upon the posting of such guaranties.
FINAL PLAT
Shall mean the final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper County Recording Officer.
GOVERNING BODY
Shall mean the Mayor and Council of the Township of Fairfield.
HISTORIC SITE
Shall mean any building, structure, area or property that is significant in the history, architecture, archeology or culture of this State, its communities or the nation and has been so designated pursuant to law.
INTERESTED PARTY
Shall mean:
a. 
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.
b. 
In the case of a civil proceeding in any Court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or under any other law of this State or of the United States has been denied, violated or infringed upon by an action or a failure to act under this chapter.
LAND
Shall mean and include improvements and fixtures on, above or below the surface.
LOT
Shall mean a designated parcel, tract or area of land established by a plat or otherwise permitted by law and to be used, developed or built upon as a unit.
MAINTENANCE GUARANTY
Shall mean any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by this chapter.
MAJOR SUBDIVISION
Shall mean and include all subdivisions not classified as minor subdivisions.
MASTER PLAN
Shall mean a composite of the mapped and written proposals recommending the physical development of the municipality which shall have been duly adopted by the Planning Board.
MINOR SUBDIVISION
Shall mean any subdivision containing not more than three lots fronting on an existing improved street, not involving any new street, road or the extension of any on- or off-tract improvements.
NONCONFORMING LOT
Shall mean a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
Shall mean a structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USE
Shall mean a use or activity which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
OFF SITE
Shall mean located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF TRACT
Shall mean not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON SITE
Shall mean located on the lot in question.
ON TRACT
Shall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
Shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OWNER
Shall mean any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PARTY IMMEDIATELY CONCERNED
Shall mean for purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under Section 7 of Chapter 291 of the Laws of New Jersey 1975.
PERFORMANCE GUARANTY
Shall mean any security which may be accepted by a municipality, including cash, provided that the Township shall not require more than 10% of the total performance guaranty in cash.
PLANNING BOARD
Shall mean the Municipal Planning Board of the Township established pursuant to Chapter 291 of the Laws of New Jersey 1975.
PLAT
Shall mean a map or maps of a subdivision or site plan.
PRELIMINARY APPROVAL
Shall mean the conferral of certain rights pursuant to this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Shall mean architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scope, scale and relationship to its site and immediate environs.
PUBLIC AREAS
Shall mean:
a. 
Public parks, playgrounds, trails, paths and other recreational areas.
b. 
Other public open spaces.
c. 
Scenic and historic sites.
d. 
Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL
Shall mean a Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGEWAY
Shall mean the land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
PUBLIC OPEN SPACE
Shall mean an open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, State or County agency or other public body for recreational or conservational uses.
RESUBDIVISION
Shall mean the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
SEDIMENTATION
Shall mean the disposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SITE PLAN
Shall mean a development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and any other information that may reasonably be required in order to make an informed determination pursuant to this chapter and requiring review and approval of site plans by the Planning Board, adopted pursuant to Article 6 of Chapter 291 of the Laws of New Jersey 1975.
SITE PLAN COMMITTEE
Shall mean a Committee which shall be appointed by the Chairman of the Planning Board.
SKETCH PLAT
Shall mean the sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of this chapter.
STANDARDS OF PERFORMANCE
Shall mean standards adopted by ordinance, pursuant to Section 52 d of Chapter 291 of the Laws of New Jersey, 1975, regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may reasonably be required by the municipality; or standards required by applicable Federal or State law or municipal ordinances.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing State, County or municipal roadway and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows:
a. 
Arterial streets shall mean those which are used primarily for fast or heavy traffic.
b. 
Secondary traffic streets shall mean streets connecting places of relatively dense settlement with each other and with arterial streets and intended primarily for intermunicipal and commuter traffic.
c. 
Connector streets shall mean those which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development.
d. 
Minor streets shall mean those which are used primarily for access to the abutting properties.
SUBDIVIDER
Shall mean any individual, firm, association, syndicate, copartnership, corporation trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.
SUBDIVISION
Shall mean the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered "subdivisions" within the meaning of this chapter, if no new streets are created: divisions of land found by the Planning Board, or Subdivision Committee thereof appointed by the Chairman, to be for agricultural purposes where all resulting parcels are five acres or larger in size; divisions of property by testamentary or intestate provisions; divisions of property upon Court order; conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision."
WALKWAY OR SIDEWALK
Shall mean a way for carrying pedestrian traffic, which may be located within the right-of-way provided for a street or may be located adjacent to a property line, between lots, and laid out so that it may provide pedestrian traffic along a street or road or within a subdivision connecting two streets.
[1969 Code § 62-5; Ord. No. 656]
a. 
Submission for Review. Sketch plats and preliminary site plans, in order to be acted upon by the Board at its next regularly scheduled meetings, shall be filed with the Planning Board Secretary 14 days prior to the regular meeting of the Planning Board. At the time of application, the developer shall pay all fees and submit six copies of the application and maps and other documents as required by this chapter for determination of completeness and thereafter, upon notification of a completed application, shall submit 14 additional copies or revised copies, as the case may be.
b. 
Minor Subdivision.
1. 
The Planning Board Shall Classify the Application. If classified as a minor subdivision, the minor subdivision shall be approved or denied within 45 days of the date of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
2. 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
3. 
Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board.
4. 
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided in this subsection.
5. 
Before the Planning Board Secretary returns any approved sketch plat to the subdivider, the subdivider, at his own expense, shall have sufficient copies made to provide record copies to Township departments.
6. 
If the plat is classified as a major subdivision, a notation to that effect shall be made on the plat which will be returned to the subdivider for compliance with the procedures in Sections 42-3.2 and 42-3.3.
c. 
Preliminary Site Plan.
1. 
The developer shall submit six copies of the site plan application and such other information as required herein to the Planning Board Secretary for determination of completeness and thereafter upon notification of a completed application shall submit 14 additional copies or revised copies as the case may be. If an application for site plan is found to be incomplete, the developer shall be notified by the Planning Board Secretary within 45 days of the submission of such application or it shall be deemed to be properly submitted.
2. 
If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The Planning Board shall, if the proposed development complies with this chapter and the Act,[1] grant preliminary site plan approval.
[1]
Editor's Note: Refers to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
3. 
Upon the submission to the Planning Board Secretary of a complete application for a site plan for 10 acres of land or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan of more than 10 acres, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.
[1969 Code § 62-6; Ord. No. 656; Ord. No. 92-22; Ord. No. 92-28 § 1]
a. 
At least six black-on-white prints of the preliminary plat, together with two completed application forms for preliminary approval, shall be submitted to the Planning Board Secretary 30 days prior to the Planning Board meeting at which consideration is desired. At the time of filing, fees in accordance with subsection 42-3.5 shall be paid to the Planning Board Secretary to defer the administrative and review costs incurred.
b. 
The developer shall submit to the Planning Board Secretary plats and such other information as is required in subsection 42-3.8. The plat and any other engineering documents to be submitted shall be required in tentative form for discussion purposes. If found to be incomplete, the developer shall be notified thereof within 45 days of submission of such application or it shall be deemed to be properly submitted. If the application is complete, the applicant shall be so notified and shall submit 14 additional copies or revised copies of the plan, as the case may be.
c. 
If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application shall be submitted and proceeded upon, as in the case of the original application for development. The Planning Board shall, if the proposed subdivision complies with this chapter and the Act, grant preliminary approval to the subdivision.
d. 
Upon the submission to the Planning Board Secretary of a complete application for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a subdivision or more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval to the subdivision.
e. 
The developer shall notify, by registered mail or certified mail and at least 10 days prior to the hearing, all property owners within 200 feet of the extreme limits of the subdivision as their names appear on the municipal tax record. Furthermore, the developer shall comply with the following public notice provisions as applicable:
1. 
Notice of hearing on application for development. The contents of a notice of hearing on an application for development shall state the date, time and place of the hearing; the nature of the matters to be considered; an identification of the property proposed for development, by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's officer; and the location and times at which any maps and documents for which approval is sought are available.
2. 
The applicant shall give notice at least 10 days prior to the date of the hearing.
3. 
Public notice of a hearing on an application for development shall be given except for minor subdivisions or final approval, provided that public notice shall be given for all applications requesting a variance. Public notice shall be given by publication in the official Township newspaper or in a newspaper of general circulation in the Township.
f. 
Distribution of Copies.
1. 
Copies of the preliminary plat shall be forwarded by the Secretary of the Planning Board, prior to the hearing, to the following:
(a) 
Planning Consultant.
(b) 
Township Engineer.
(c) 
Such other municipal officials as deemed appropriate by the Planning Board.
2. 
The applicant is required to submit the plat to the County and/or State as and when required by law.
g. 
If the Planning Board acts favorably on a preliminary plat, a notation to that effect shall be made on the plat.
h. 
Effect of Preliminary Approval.
1. 
Preliminary approval of a major subdivision, pursuant to this chapter or of a site plan, except as provided in paragraph d of this subsection confers upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(a) 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimension and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval, except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
(b) 
That the applicant shall submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be.
(c) 
That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
(d) 
All variances granted in conjunction with preliminary approval shall expire upon the expiration date of the preliminary approval.
2. 
In the case of a subdivision or a site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in subparagraphs a, b and c above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may thereafter apply for and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and non-residential floor area permissible under preliminary approval; the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; economic conditions; and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
i. 
Variances. Variances granted pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D) shall expire after three years from the date of approval unless acted upon by way of Construction Permit for those applications involving site work or building improvements or unless acted upon by way of Certificate of Occupancy for those projects not involving site work or building improvements. The applicant may, however, receive extensions in connection with such extensions of site plan or subdivision approvals as may be granted pursuant to Statute.
[1969 Code § 62-7; Ord. No. 656]
a. 
Before consideration of a final subdivision plat or final site plan, the developer will have installed the improvements required by this chapter or the Planning Board shall require the posting of adequate performance guaranties to assure the installation of the required improvements.
b. 
It shall be expressly understood that, notwithstanding the posting of a performance guaranty for a lot in a major subdivision, no Certificate of Occupancy shall be issued until the subdivider shall have installed the road subbase, road base and curbs in accordance with Township specifications and as certified by the Township Engineer, and until the underground utilities, such as sewer, water, gas, storm drainage lines and all other underground work, shall have been duly and properly installed.
[1969 Code § 62-8; Ord. No. 656]
a. 
The final plat shall be submitted to the Planning Board Secretary for forwarding to the Planning Board for final approval within three years from the date of preliminary approval. The Planning Board shall act upon the final plat within 45 days after the date of submission for final approval. Failure of the Planning Board to act within the period prescribed shall constitute final approval and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats. Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285, (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Municipal Planning Board shall condition any approval that it grants upon the timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
b. 
The applicant shall submit six black-on-white prints and two copies of the application form for final approval to the Secretary of the Planning Board at least 30 days prior to the date of the regular Planning Board meeting. Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications by the Planning Board. The applicant after receipt of notice of completeness shall submit 14 additional copies and a Mylar reproducible map, except no Mylar reproducible copy shall be required for final site plan submission.
c. 
The final plat shall be accompanied by a statement by the Township Engineer that he is in receipt of a map showing all utilities or extensions thereof in exact location and elevation, identifying those portions already installed and those to be installed, and that the subdivider has complied with one or both of the following:
1. 
Installed all improvements in accordance with the requirements of these regulations.
2. 
A performance guaranty has been posted with the Township in sufficient amount to assure the completion of all required improvements.
d. 
Upon final approval, copies of the final plat shall be filed by the Planning Board with the following:
1. 
Township Clerk (subdivision plats only).
2. 
Township Engineer.
3. 
Construction Official.
4. 
Tax Assessor.
5. 
Planning Board of the Township of Fairfield.
e. 
The final plat, after final approval, shall be filed by the subdivider with the County Recording Officer within 95 days from the date of such approval. If any final plat is not filed within this period, the approval shall expire. The Planning Board may, for good cause, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
f. 
No plat shall be accepted for filing by the County Recording Officer unless it has been duly approved by the Planning Board of the Township and signed by the Chairman and Secretary of the Board.
[Ord. No. 984; Ord. No. 91-21 § 1; Ord. No. 2011-03 § 2]
a. 
In addition to the filing fees or any other fees required in this chapter, an applicant shall file with the Administrative Officer an escrow deposit fee in order that the Township is fully reimbursed for professional services in connection with the technical review and processing of applications. Such professional services include, but are not limited to, shorthand reporting and transcripts, review, inspections and reports of the Township Administrative Officer, Township Engineer, Township Planner, Township Attorney, Board Attorney, Consulting Engineer and any other professionals or consultants whose services are deemed necessary by the approving authority with respect to processing the application. The Township Treasurer shall place all such deposits in an escrow account in the name of the applicant and shall charge against the account all disbursements in connections with the cost referred above. Technical review fees shall be calculated in accordance with the actual time required. All fees charged shall be reasonable as determined by practice in the respective field of expertise.
b. 
At the time of filing an application for development, the applicant shall pay to the Township an initial deposit for technical review fees in accordance with the fee schedule established in Section 40-7 of the Fairfield Township Lane Use Procedures Ordinance.
c. 
Administration of Technical Review Deposit Fees.
1. 
Each technical review escrow deposit shall be held by the Township in a trust account separate from the general funds of the Township.
2. 
In the event that the funds in the escrow account should become depleted prior to the completion of the application procedure and additional funds are necessary to cover the cost of processing the application, the applicant shall deposit additional funds of not less than 50% of the initial escrow deposit amount, in order to expedite the processing of applications by the Township agency, the Administrative Officer shall notify the applicant when the funds in the escrow account have been reduced to no less than 25% of the original deposit amount.
3. 
The Township agency shall not process and/or take action on the application unless all fees and deposits required in the manner described above shall have been paid by the applicant.
4. 
All bills submitted to a Township agency by the Planning Consultant, Engineer, Attorney or other professionals containing charges to be applied to an escrow account authorized and established pursuant to this subsection shall specify the services performed in relation to individually identified applications for which the charges have been made.
5. 
Any of the funds remaining in the escrow account upon completion of the application procedure, as well as any interest he may be entitled to, shall be returned to the applicant and the account shall be terminated.
[1969 Code § 62-10; Ord. No. 656]
The following are provisions regarding exceptions in the application of subdivision or site plan regulations and simultaneous review and approval.
a. 
The Planning Board when acting upon applications for preliminary or minor subdivision approval shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review, if the literal enforcement of one or more provisions of the chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
b. 
The Planning Board when acting upon applications for preliminary site plan approval shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review, if the literal enforcement of one or more provisions of the chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
[1969 Code § 62-11; Ord. No. 656]
The sketch plat shall be signed and sealed by a licensed New Jersey land surveyor. The lot shall be drawn at a scale preferably not less than 50 feet to the inch, to enable the entire tract to be shown on one sheet, and shall show or include, in addition to the proposed street layout, if applicable, the following information:
a. 
A key map, showing the subdivision and its relation to surrounding areas.
b. 
All existing structures, utilities, paved areas, fences and wooded areas within the portion to be subdivided and within 100 feet thereof.
c. 
The names of the owner and of all adjoining property owners as disclosed by the most recent Municipal Tax Map.
d. 
The Tax Map sheet, block and lot number.
e. 
All streets or roads and streams within 500 feet of the subdivision. This may be shown on the key map.
f. 
Existing and proposed contours based upon United States Coast and Geodetic Survey datum.
g. 
All existing and proposed lot corner elevations based upon United States Coast and Geodetic Survey datum.
h. 
The lot area, dimensions, bearings (for minor subdivisions only), proposed lots and remaining lands, if applicable.
i. 
Proposed connections with existing water supply and sanitary sewerage system, or alternative means of providing for water supply and sanitary waste disposal systems.
j. 
Proposed provisions for collecting and discharging water drainage.
k. 
All zoning regulations, including setback and lot size.
[1969 Code § 62-12; Ord. No. 656]
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 50 feet. Preliminary plots shall be signed and sealed by a licensed New Jersey land surveyor and engineer. The plat shall be designed in compliance with the provisions of Section 42-5 of this chapter and shall show or be accompanied by the following information:
a. 
Key Map. A key map showing the entire subdivision and its relation to surrounding areas within 1,500 feet.
b. 
Additional Information. The tract name, Tax Map sheet, block and lot number, date and date of revisions, if applicable, as well as the following:
1. 
The name and address of the recorded owner and owners of land within 200 feet of the outer boundary of lands proposed to be subdivided.
2. 
The name and address of the subdivider.
3. 
The name and address of person who prepared the map, and the map shall be signed by him.
c. 
Acreage. The acreage of the tract to be subdivided, to nearest 1/10 of an acre, and the proposed number of lots, including area and dimensions.
d. 
Elevations and Contours. Sufficient elevations and contours, at one foot vertical intervals to determine the general slope and natural drainage of the land and the high and low points. Proposed first floor elevations shall be shown on the plat, together with bench mark(s) used to determine elevations. Soil logs data and exact location shall be shown. Soil logs shall be provided at one per acre.
e. 
Streets. The proposed street system and rights-of-way for pedestrian traffic. Elevations at important points on the street system, such as street intersections, high and low points, etc. Plans and profiles of existing or future continuing streets should be shown a minimum distance of 200 feet beyond the subdivision boundaries.
f. 
Locations of Property Lines, Recreation Areas, Etc. The location of existing and proposed property lines, streets and street names, buildings, watercourses, railroads, bridges, culverts, drainpipes and any natural features, such as wooded areas and rock formations, easements and rights-of-way, and the proposed location, size and designation of recreation areas, open spaces, retention basins, sight triangles, lakes, etc., will be shown.
g. 
Water and Sewer Layout. Plans for proposed water and sewer layout showing feasible connections to existing or any proposed utility system. Further, a statement of proposed electric, telephone, cable television and gas service shall accompany all utility plan proposals.
h. 
Drains, Ditches and Streams. Plans and profiles of all proposed and existing sanitary sewers, storm drains, drainage ditches and streams within the subdivision, together with the locations, sizes, elevations, grades and capacities of any existing sanitary sewer, storm drain, drainage ditch or stream to which the proposed facility shall be connected. When storm drains, drainage ditches or brook channel improvements are proposed or required, the plan for such improvements must be approved by the State Water Policy Commission, if the improvement is of sufficient size as to so warrant. A brief, but quantitative report, prepared by a licensed professional engineer, to include all drainage calculations shall accompany the final plat and shall evaluate the impact of stormwater runoff on downstream property owners. All off-site drainage improvements shall be in accordance with the adopted Master Drainage Plan. Plans shall indicate grades, lengths, diameters, types of material, manholes, basins, grates and invert elevations. Details of drainage structures shall be included with the plan.
i. 
Percolation Tests. When an individual sewage disposal system is proposed, the developer shall have percolation tests made and shall submit the same to the Board of Health for approval. The developer shall show the location and the results of the percolation tests on the plat. No subdivision or part thereof shall be approved where results of the percolation tests do not meet the established requirements of the Township, nor shall any subdivision or part thereof be approved where other physical characteristics of the land would cause septic conditions unhealthy to the public or contrary to the requirements of this chapter or other applicable ordinances or regulations. Any remedy proposed to overcome such situations or conditions shall first be approved by the appropriate local, County or State health agency.
j. 
Plans for Individual Sewage Disposal Systems. Plans for individual sewage disposal system, where the same is proposed. Such plans shall be approved by the appropriate local, County or State health agency.
k. 
Grading. The grade to which it is proposed to level or fill each lot if change of grade is contemplated, which grade shall be indicated at lot corners and along lot boundary lines if the proposed grade along lot boundary lines shall be other than a straight grade from corner to corner.
l. 
Building Locations. The approximate location of each building to be built on each lot and the grade of the finished surface of the ground at each corner thereof.
m. 
Building Grades. The proposed finished grade of an attached or integral garage if the lot is a residential building lot.
n. 
Minimum Grade. A grade not less than 1 1/2% from the building to the boundary of the lot and along the side lines of it to the front or rear lines thereof.
o. 
Plan Profile Drawings. The plans and profiles of all proposed streets and all pertinent existing and proposed storm and sanitary sewers and appurtenances shall be on sheets 22 inches by 26 inches and at a horizontal scale of one inch equals 50 feet and a vertical scale of one inch equals five feet.
p. 
Protective Covenants and Deed Restrictions. A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.
q. 
Signatures. The map must include provisions for signatures of the Planning Board, Chairman, Secretary and Engineer.
r. 
Road Cross Section. The plan shall include a typical road cross section.
[1969 Code § 62-13; Ord. No. 656]
The final plat shall be drawn in ink or tracing cloth or Mylar at a scale of not less than one inch equals 100 feet and in compliance with all applicable provisions of Chapter 358 of the Laws of 1953 and N.J.S.A. 46:23-9.8.[1] The final plat shall show or be accompanied by the following:
a. 
The name of the subdivision.
b. 
The name of the land surveyor who prepared the map and the date of the survey.
c. 
The name and address of the record owner or owners of the tract and of the subdivider if he is a person other than the owner.
d. 
The names of adjacent subdivisions, if any, and of the owners of adjoining parcels of unsubdivided land.
e. 
The North point and a graphic scale.
f. 
All boundary lines of the tract, including zone boundary lines.
g. 
Bearings and distances to the nearest established street lines or other recognized permanent monuments which shall be accurately described on the plat.
h. 
The location and description of all monuments.
i. 
The length of all angles, radii, internal angles, points of curvature and tangent bearings.
j. 
All lot lines, with accurate dimensions in feet and hundredths, and with bearings or deflection angles. When lots are located on a curve or when side lot lines are at angles other than 90°, the width at the building line shall be shown.
k. 
Building setback lines, with dimensions.
l. 
Right-of-way lines of streets, street names, the location of sidewalks, easements and other rights-of-way, land to be reserved or dedicated to public use and other site lines, with accurate dimensions. The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.
m. 
Each block shall be numbered, and lots within each block shall be numbered consecutively and shall also include street numbers.
n. 
A certification by a licensed land surveyor as to the accuracy of the details of the plat.
o. 
An acknowledgement by the owner or owners of his or their adoption of the plat and of the dedication of streets and other public areas shown thereon.
p. 
A certificate of the Tax Collector that all taxes and assessments are paid to date.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
[1969 Code § 62-14; Ord. No. 656; Ord. No. 709]
a. 
Except as hereinafter provided, no building permit shall be issued for a building or change of use or enlargement of any building or use unless a site plan is first submitted and approved by the Planning Board, and no Certificate of Occupancy shall be given unless all construction conforms to the approved preliminary plan. Site plan approval shall not be required for single family dwellings, two family dwellings, farms or for such accessory uses as a private garage, tool houses, private greenhouses and barns, but this subsection shall not limit the requirements for submission of subdivision plans for subdivision approval as otherwise provided in this chapter.
b. 
The applicant shall, at the time of application, submit a certificate of the Tax Collector that all taxes and assessments are paid to date.
c. 
A minor site plan shall be as specified hereunder and an applicant may prepare a minor site plan application drawn according to the standards and conditions specified in paragraph d below if the proposed building, the conversion of an existing building from one use or another or the enlargement of an existing building or any combination of same does not exceed 500 square feet for retail commercial uses, does not exceed 1,500 square feet for industrial uses and does not require more than 10 new parking spaces. All other site plans shall be major site plans and shall be drawn according to the standards and conditions specified in paragraph e.
d. 
Minor Site Plan. The site plan map shall show the following information and be drawn in accordance with the following standards:
1. 
The North point, scale, name and address of the record owner, and the name, address and New Jersey professional license number and seal of the engineer, architect, land planner or surveyor preparing the site development plan.
2. 
The scale shall be no less than 50 feet to the inch. All distances shall be in feet and decimals of a foot and all bearings shall be given to the nearest 10 seconds. The site plan shall be accompanied by a survey of the property prepared by a licensed surveyor of the State of New Jersey.
3. 
The names of all owners of record of all adjacent property and any property directly across any official street and the block and parcel number of the property.
4. 
Zoning district boundaries, if applicable. Zone boundaries may be shown on a separate map or as a key map on the detail map itself.
5. 
The site plan shall show the boundaries of the property, the building(s), setback lines, existing streets and adjacent lot lines.
6. 
A copy of any covenants, deed restrictions or easements which cover all or any part of the tract shall be provided.
7. 
The location of existing buildings which shall remain and all other structures such as walls, fences, culverts, bridges, roadways, etc., whether existing or proposed.
8. 
The plan shall indicate the means and method of all storm drainage and utility service.
9. 
The existing site elevation and any grade changes which shall amount to more than one foot elevation change and the location of watercourses, ponds, marshes and wooded areas and other significant existing features, including flood elevations of watercourses, if applicable.
10. 
The site plan shall state the proposed use or uses of land and buildings and the building floor area existing and proposed and the number of parking spaces provided.
11. 
All proposed means of vehicular access and egress to and from the site onto public streets, showing the location of existing and proposed driveways and curb cuts on the site as well as driveways on adjacent land if located closer than 50 feet from the site. Proposed paving cross section will be shown as well as parking stall dimensions and driveway widths.
12. 
The site plan shall show proposed location of outdoor lighting, landscaping and signs.
e. 
Major Site Plan. A major site plan shall be drawn in accordance with the requirements of this subsection and, further, shall be drawn by a licensed engineer, land surveyor or architect and shall give the New Jersey professional license number and seal of the person preparing the site development plan. The plan shall show:
1. 
Pipe sizes, grades and the direction of flow of all storm drainage structures and utility lines.
2. 
Profiles of all proposed streets indicating grading and cross sections showing width of roadway, width and location of sidewalks and location and size of drainage and utility lines.
3. 
The location and size of curb cuts affording vehicular access to public rights-of-way.
4. 
The design of off-street parking and loading areas, showing the size and location of bays, aisles, barriers and parking spaces.
5. 
The location of all proposed waterlines, valves and hydrants of all sewer lines or alternative means of water supply or sewage disposal and treatment.
6. 
The proposed stormwater drainage system to be accompanied by the name and the New Jersey license number of the professional engineer preparing the plan.
7. 
The existing and proposed site elevations, by a topographic map.
8. 
The proposed location and direction of illumination and the power and time of proposed lighting.
9. 
All proposed screening and landscaping, including a planting plan.
10. 
Complete building sprinkler or fire suppression plan.
[1969 Code § 62-15; Ord. No. 656]
Before final approval of a site plan or subdivision plan, the developer shall have installed or shall have furnished adequate performance guaranties for the ultimate installation of the following:
a. 
Streets, Curbs, Gutters, Sidewalks, Drainage. All streets, curbs, gutters, sidewalks, drainage and drainage structures shall be constructed and installed in accordance with the applicable standard specifications of the Township known as the "Construction Specifications" and "Standard Construction Details" and subject to the inspection and approval of the Township Engineer.
b. 
Street-Name Signs. Street-name signs shall be placed at all street intersections within or abutting the subdivision. Such signs shall be of a type approved by the Planning Board and shall be placed in accordance with the standards of the Township prior to the issuance of a Certificate of Occupancy.
c. 
Monuments. All monuments shall be of the size and shape required by and shall be installed at the points mentioned in Section 4 of Chapter 358 of the Laws of 1953 (N.J.S.A. 46:23-9.4).[1]
[1]
Editor's Note: Repealed by P.I., 1953, c. 358, § 7. See N.J.S.A. 46:23-9.11q.
d. 
Topsoil Protection. No topsoil shall be used as spoil or be removed from the site except in accordance with the Soil Removal Ordinance[2] of the Township or the Construction Specifications as set forth in paragraph a above.
[2]
Editor's Note: See Chapter 20, Soil and Soil Removal.
e. 
Underground Electric, Gas and Telephone Distribution Facilities in Residential Subdivisions. The subdivider shall request the servicing utility to install its distribution supply lines, services and streetlighting supply facilities underground in accordance with the specifications and provisions of the applicable standard terms and conditions of the public utility which are on file with the State of New Jersey Board of Public Utility Commissioners. The subdivider shall arrange with the utility for such underground installations.
f. 
Underground, Electric, Gas and Telephone Utilities in Commercial and Industrial Subdivisions. The subdivider shall request the servicing utility to install its distribution supply lines, services and streetlighting supply facilities underground in accordance with its specifications and with the provisions of the applicable standard terms and conditions of its tariff on file with the State of New Jersey Board of Public Utility Commissioners. The subdivider shall submit to the Planning Board a written instrument from each serving utility which shall evidence its disposition of the request. The subdivider shall, if so directed by the Planning Board, arrange with the utility for such underground installation accordingly. The location of all underground utilities must be approved by the Township Engineer prior to installation.
[1969 Code § 62-16; Ord. No. 656]
a. 
All improvement except electric and gas shall be installed under the supervision and inspection of the Township Engineer, the cost thereof to be borne by the developer. The applicant shall pay a fee equal to 4% of the site improvement costs as approved by the Township Engineer to defray public cost for inspection of site improvements.
b. 
No construction work shall commence without the Township Engineer being properly notified. Such notice shall be given at least 48 hours before the commencement of work.
[1969 Code § 62-17; Ord. No. 656]
a. 
Prior to granting approval of the final plan for a site plan or subdivision, the developer shall have installed or shall have furnished performance guaranties as provided for in N.J.S.A. 40:55D-41[1] for the ultimate installation of the improvements hereinbefore required.
[1]
Editor's Note: See N.J.S.A. 40:55D-53.
b. 
No final plan shall be approved by the Planning Board until the completion of all such required improvements has been certified to the Planning Board by the Township Engineer, unless the developer shall have filed with the Township a performance guaranty sufficient in amount to cover the cost of all such improvements or uncompleted portions thereof as estimated by the Township Engineer, and ensuring the installation of such uncompleted improvements on or before an agreed upon date. The performance bond or surety company bond shall be reviewed and subject to the approval of the Planning Board Attorney.
c. 
When all of the required improvements have been completed, the obligator shall notify the Governing Body, in writing, by certified mail addressed in care of the Township Clerk, of the completion of the improvements and shall send a copy thereof to the Township Engineer. Thereupon the Engineer shall inspect all of the improvements and shall file a detailed report, in writing with the Governing Body, indicating either approval, partial approval or rejection of the improvements with a statement of the reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
d. 
The Governing Body shall either approve, partially approve or reject the improvements, on the basis of the report of the Township Engineer and shall notify the obligor in writing, by certified mail, of the contents of the report and the action of the approving authority with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved. Failure of the Governing Body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, shall be released from all liability, pursuant to such performance guaranty.
e. 
If any portion of the required improvements is rejected, the approving authority may require the obligor to complete such improvements and, upon completion, the same procedure of notification, as set forth in this subsection, shall be followed.
f. 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Governing Body or the Township Engineer.
g. 
When the developer files the performance guaranty for the completion of the improvements in portions or sections of the subdivision, upon completion and approval of the portion or section, the developer shall be required to file a maintenance bond sufficient in amount to guarantee that the completed section will be maintained by the developer until completion of improvements in the remaining portions or sections of the subdivision and for a stated period of time thereafter not to exceed two years from the date of completion of all improvements. The Township Engineer shall determine the amount of the maintenance bond, and it shall be approved by the Township Attorney as to form, sufficiency and execution and approved by the Mayor.
h. 
A performance guaranty shall run for a period to be fixed by the Planning Board at the time of approval of a final plat, but in no case for a term of more than two years. However, with the consent of the owner and the surety, if there is one, the Governing Body may, by resolution, extend the term of such performance guaranty for an additional period not to exceed three years. The amount of the performance guaranty may be reduced by the Governing Body by resolution when portions of the required improvements have been installed.
i. 
If the required improvements have not been installed in accordance with the performance guaranty, the obligor and surety shall be liable thereon to the Township for the reasonable cost of the improvements not installed and, upon the receipt of the proceeds of the performance guaranty, the Township shall install such improvements.
[1969 Code § 20-6; § 62-18; Ord. No. 620; Ord. No. 656; Ord. No. 731; Ord. No. 2009-03 §§ 14, 18-23, 26-29]
The subdivision plat and site plans shall conform to design standards that will encourage good development patterns within the municipality. For all residential developments and subdivisions, design standards shall be as required by the latest edition of the Residential Site Improvement Standards, N.J.A.C. Title 5, Chapter 21. Where either or both an Official Map and Master Plan has or have been adopted, the subdivision shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on an officially adopted Master Plan or Official Map shall be considered in approval of subdivision plats. Where no Master Plan or Official Map exists, streets and drainage rights-of-way shall be shown on the final plat in accordance with Section 20 of Chapter 433 of the Laws of 1953, and shall be such as to lend themselves to the harmonious development of the municipality and enhance the public welfare in accordance with the following design standards:
a. 
The arrangement of streets not shown on the Master Plan shall be such as to provide for the appropriate extension of existing streets. Whenever a cul-de-sac is permitted, the subdivider shall dedicate a parcel of land 50 feet wide to be used as a future street and running from the cul-de-sac to any adjoining land not fronting on a street as defined in this chapter whether such adjoining land is owned by the subdivider or not.
b. 
Minor streets shall be so designed as to discourage through traffic.
c. 
Subdivisions abutting arterial streets shall provide a marginal service road or reverse frontage with a buffer strip for planting, or some other means of separation of through and local traffic as the Planning Board may determine appropriate.
d. 
The street right-of-way and pavement width for residential development shall be in accordance with the Residential Site Improvement Standards. For nonresidential development, the street right-of-way width shall be 60 feet with a pavement width of 36 feet.
e. 
No subdivision showing reserve strips controlling access to streets shall be approved.
f. 
Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan, or the street width requirements of this chapter, shall dedicate additional width along either one or both sides of the road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated where improvements are added to an existing street, and the subdivider shall widen and restore that side of the street in accordance with applicable standards of this chapter.
g. 
Street Grades. Grades of through and main traffic streets shall not exceed 10%, except under special conditions which may be approved by the Planning Board. No streets shall have a minimum grade of less than 1/2 of 1%.
h. 
Street Intersections. Street intersections shall be laid out as nearly at right angles as possible and in no case shall they be less than 60°. The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than 35 feet and a radius at lot corners of no less than 25 feet.
i. 
When connecting street lines deflect each other at any one point by more than 5° and not more than 45°, they shall be connected by a curve with a radius of not less than 300 feet for all streets. Center line radii in all other cases shall be designed to consider the speed limits, sight distances and other pertinent criteria for that curve.
j. 
Dead-End Streets. Dead-end streets, where planned, shall not be longer than 600 feet, except where unusual circumstances require granting additional footage at the direction of the Planning Board, and shall provide a turnaround at the end with a radius of not less than 50 feet for a residential street and not less than 75 feet for a nonresidential street and tangent wherever possible to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provision shall be made for a future extension of the street and reversion of the excess right-of-way to the adjoining properties.
k. 
Street Names and Numbers. Names of new streets shall be obtained from a list supplied by the Engineering Department, except that where a new street is a continuation of or in alignment with an existing or platted street, it shall bear the same name. House numbers shall be assigned by the Township Engineer.
l. 
Blocks.
1. 
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the Zoning Ordinance[1] and to provide for convenient access, circulation control and safety of street traffic.
[1]
Editor's Note: See Chapter 45, Zoning.
2. 
In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the Planning Board. Such walkways may be located in a public right-of-way or within an easement for utilities, storm drainage, etc. The width of the right-of-way or easement, as the case may be, shall not be less than 15 feet.
3. 
For commercial or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.
m. 
Lots and Land Development.
1. 
Lot dimensions and area shall be made in accordance with the Zoning Ordinance.
2. 
Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
3. 
Each lot must front upon a street as defined in N.J.S.A. 40:55D-7.
4. 
Where issue exists as to the suitability of a lot or lots for their intended use due to natural factors, such as flood conditions, soil bearing capacity or manmade restrictions, the Planning Board may require the applicant to document utility of the land for development purposes.
n. 
Fill Areas.
1. 
No trees, brush or debris shall be used as landfill or in lieu thereof, nor shall any landfill operation be performed in such a manner as to cover unremoved trees and debris on any streets, lots or other areas.
2. 
Sufficient additional soil information regarding bearing capacity and load settlement must be provided where any building construction is proposed on filled areas or where any street improvements are proposed on fills exceeding four feet.
o. 
Lot Elevations. Each lot resulting from a subdivision shall have a minimum elevation of the finished surface of 170 feet above sea level, except in those instances where the topographical data covering the tract or in its relation to an adjoining tract, the Township Engineer determines that in the best interest of the municipality, for proper drainage, elevations above sea level should be altered, then, in the discretion of the Engineer, the minimum elevation of the finished surface of a lot or lots may be lowered or increased.
p. 
Easements for Utilities. Necessary easements with right-of-way widths of at least 10 feet shall be provided on each side of all rear lot lines and along certain side lot lines where needed for utilities. In the case that such easement is proposed to be provided fully on one lot, such easement shall be not less than 15 feet in width.
q. 
Drainage. Where a proposed development is traversed by a watercourse, drainageway, channel or stream, there shall be provided an undisturbed vegetative buffer 25 feet in width measured from the top of the bank and a stormwater easement or drainage right-of-way conforming substantially to the lines of the watercourse, and the same shall be designed in accordance with the provisions set forth in this subsection.
1. 
For all developments, the method of stormwater management shall be in conformance with the Township's stormwater management plan and subsection 42-10.1. All drainage through a tract or along its perimeter shall be by inlets and pipes where feasible or by a lined ditch. In lieu of inlets, pipes or lined ditches, the developer may use vegetated swales. For all developments and developments which add more than 1/4 acre of new impervious coverage, the developer shall demonstrate that the impervious surfaces are reasonably dispersed or disconnected to the greatest possible extent to promote pollutant removal and groundwater discharge.
2. 
Drainage design criteria shall be in conformance with the latest requirements of the Residential Site Improvement Standards and subsection 42-10.1.
(a) 
The rational formula or National Resource Conservation Service ("NRCS") method shall be used to determine peak rates of runoff for the two-year, ten-year, twenty-five-year, and 100-year storm frequencies.
(b) 
The coefficient of runoff should be based on good engineering judgment and should take into consideration the ultimate use of the land involved. Runoff coefficients for the rational formula shall be taken from Table 7.1 found in the Residential Site Improvement Standards. Curve numbers for the NRCS method shall be taken from Table 2.2a found in "Urban Hydrology for Small Watersheds".
(c) 
Rainfall intensities shall be based on Precipitation Frequency Estimates from NOAA Atlas 14 for Northern New Jersey.
(d) 
(1) 
For storm sewer design a ten-year storm for storm drain systems where excess flow up to the 100-year storms can continue downgrade safely and does not exceed gutter capacity. Twenty-five-year storm for storm drain systems where flow is totally contained within a pipe and for open channels and culverts with a drainage area of 50 acres or less. A 100-year storm for open channels and culverts with drainage areas greater than areas.
(2) 
Design velocity for pipes shall not be less than 2.5 feet per second when flowing full. The minimum size pipe to be used shall be 15 inches in diameter.
(e) 
The maximum distance between inlets shall be 400 feet.
(f) 
Design data shall be submitted with the subdivision drawings for approval on forms supplied by the Township Engineer. Design data shall include a map showing the entire drainage area which must be taken into consideration. The map shall indicate the drainage areas contributing to each pair of inlets or drainage structures, and drainage tabulation sheets shall indicate calculations for each drainage area being taken into consideration. The drainage design and calculations shall bear the seal and signature of the professional engineer preparing same.
r. 
Sewage Disposal.
1. 
Permanent individual sewage disposal systems shall not be permitted in a major subdivision. Individual sewage disposal systems may be permitted as an interim installation, provided that, in addition to the individual sewage disposal system, provision is made for the installation of a dry sewer main in the street adjacent to the building lots, in accordance with the requirements as set forth in the Construction Standards. Where dry sewer mains have been installed, the sewer connection charge, as herein provided for each individual building, shall be paid to the Township at the time the individual building is connected to the municipal sewerage system by the then owner of the premises. If, however, the municipal sewerage system is in the street on which the tract to be subdivided abuts or in a street or sewer easement which shall be within 500 feet of the tract, then the subdivider must make provisions for connection to the municipal sewerage system at the subdivider's owner cost and expense. In this connection, the Township shall, at the developer's own cost and expense, make available, either by purchase or condemnation, an easement for the connection to the municipal system.
2. 
If interior individual sewage disposal systems are permitted, the developer shall include in the application an identification of the location of percolation and subsoil test holes; the results of standard percolation and subsoil tests in each lot; the plans and specifications of each individual sewage disposal system by which human and other wastes from the buildings to be erected on each lot shall be disposed; the applicant's engineer's certification that each system has been designed in accordance with Chapter 199 of the Laws of 1954 and Standards for the Construction of Sewerage Facilities for law of like importance hereafter adopted and the ordinance adopting that code in the Township; and his opinion that each such system will effectively and safely dispose of the septic tank effluent to be anticipated from each building and the opinion of the Health Officer with regard thereto.
s. 
Water Supply.
1. 
Permanent individual wells shall not be permitted in a major subdivision. Individual wells may be permitted as an interim installation, provided that, in addition to the individual well, provision is made for the installation of a dry water main in the street adjacent to the building lot in accordance with the requirements as set forth in the Construction Standards. Where dry water mains have been installed, the water connection charge as herein provided for each individual building shall be paid to the Township at the time the individual building is connected to the municipal water system by the then owner of the premises. If, however, the municipal water system is in the street on which the tract abuts or in a street or water easement which shall lie within 500 feet of the tract, then the subdivider must make provision for connection to the municipal water system at the subdivider's own cost and expense. In this connection, the Township shall, at the developer's own cost and expense, make available, either by purchase or condemnation, an easement for the connection to the municipal system.
t. 
Elevation of Finished Garage Floor.[2] The elevation of the finished garage floor shall be a minimum of one foot six inches above the center line of the street unless otherwise approved by the Construction Official.
[2]
Editor's Note: See also Chapter 10, Building and Housing, Section 10-2, Construction of Garages.
u. 
Natural Features. Natural features, such as trees, brooks, swamps, hilltops, steep slopes, wetlands and views, shall be preserved whenever reasonably possible, and that care be taken to preserve selected trees to enhance soil stability and landscaped treatment of the area. All natural areas to be preserved shall be delineated in the field prior to the start of construction. A minimum of two shade trees per lot shall be planted for new residential subdivisions.
v. 
Off-Site and Off-Tract Improvements. Any off-site and off-tract stormwater management and drainage improvements must conform to the Design and Performance Standards described in the Township's Stormwater Management Plan and provided in subsection 42-5.1 of the Township Code.
w. 
Shade Trees. For new residential subdivisions in the R-I and R-2 zones, a minimum of two shade trees per lot shall be planted in the front yard. For all other zones, the planting of shade trees shall be in accordance with the requirements of subsection 45-12.7 Buffer Area and Screening Requirements and subsection 45-19.8 Landscaping and Parking Lots.
x. 
Sidewalks. In new residential subdivisions, any requirement for sidewalks is controlled by the Residential Site Improvement Standards. Sidewalks shall be a minimum of four feet in width. When sidewalks are constructed of impervious materials, they shall be designed to discharge stormwater to lawns where feasible. If it is not feasible to design such sidewalk to discharge stormwater to lawns, permeable paving materials shall be used for the sidewalk where appropriate.
a. 
Any person who transfers or sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision, upon which by this chapter the Planning Board is required to act, shall be liable, upon conviction, to the penalty established in Chapter 1, Section 1-5. Each parcel, plot or lot so disposed of shall be deemed a separate violation.
b. 
No person shall undertake any subdivision site improvement work without a permit. Any person or corporation, either as principal, agent or employee, who shall violate any provision of this chapter, upon conviction, thereof, shall be liable, upon conviction to the penalty established in Chapter 1, Section 1-5.
[1969 Code § 62-19; Ord. No. 656]
[1969 Code § 62-20; Ord. No. 656]
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
[1969 Code § 62-21; Ord. No. 656]
All ordinances and parts or ordinances in conflict with the provisions of this chapter are hereby repealed.
[1969 Code § 62-22; Ord. No. 808]
a. 
Any owner, developer or subdivider of property within the Township who for purposes of construction, development or soil regrading, transports soil to and from the property in question or during the process of site construction, shall take the necessary measures to prevent the spilling or tracking of soil onto public roadways entering and leading to the site. The owner, developer or subdivider shall be responsible for cleaning, sweeping and maintaining the roadway when, in the opinion of the Township Engineer or his representative, the spilling or tracking of soil has created hazardous conditions for vehicular or pedestrian traffic or unsightly conditions. The owner, developer or subdivider, upon verbal or written notice from the Engineer or his representative, in the time period specified, shall take the necessary measures to eliminate the hazardous or unsightly conditions.
b. 
If the owner, developer or subdivider shall fail to rectify the problem within the prescribed time period, then the Township Engineer shall direct the Department of Public Works to clean the road surface. The Township shall be reimbursed for any maintenance work at a rate of 2.5 times the prevailing municipal rates for labor plus cost for usage of equipment. Should the owner, developer or subdivider not make prompt payment, the Township will utilize either the subdivision performance bond or place a lien against the property.
[Ord. No. 2005-19 § 4]
a. 
Policy Statement. Flood control, groundwater recharge, and pollutant reduction through nonstructural or low impact techniques shall be explored before relying on structural BMPs. Structural BMPs should be integrated with nonstructural stormwater management strategies and proper maintenance plans. Nonstructural strategies include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater. Source control plans 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.
b. 
Purpose. It is the purpose of this section to establish minimum stormwater management requirements and controls for major development as defined in subsection 42-10.12.
c. 
Applicability. This section shall be applicable to any site plan and subdivision that require preliminary or final site plan review:
1. 
Nonresidential major developments; and
2. 
Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21.
d. 
Compatibility with Other Permit and Ordinance Requirements. Development approvals issued pursuant to this section are to be considered an integral part of development approvals under the subdivision and site plan review process and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this 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.
[Ord. No. 2004-19 § 4]
a. 
Design and Performance Standards for Stormwater Management Measures.
1. 
Stormwater management measures for major development shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards in subsection 42-10.3. To the maximum extent feasible, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.
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. Such alternative standards shall provide at least as much protection from stormwater-related loss of groundwater recharge, stormwater quantity and water quality impacts of major development projects as would be provided under the standards in this subsection.
3. 
For site improvements regulated under the Residential Site Improvement Standards (RSIS) at N.J.A.C. 5:21, the RSIS shall apply in addition to this section except to the extent the RSIS are superseded by this section or alternative standards applicable under a regional stormwater management plan or Water Quality Management Plan adopted in accordance with Department rules.
[Ord. No. 2005-19 § 4]
a. 
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development.
b. 
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 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).
c. 
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements at subsection 42-10.3f and g.
1. 
The construction of an underground utility line provided that the disturbed areas are revegetated upon completion;
2. 
The construction of an aboveground utility line provided that are maintained to the maximum extent the existing conditions practicable; and
3. 
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.
d. 
A waiver from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements at subsection 42-10.3f and g 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:
1. 
The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;
2. 
The applicant demonstrates through an alternatives analysis, that through the use of nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of subsection 42-10.3f and g to the maximum extent practicable;
3. 
The applicant demonstrates that, in order to meet the requirements of subsection 42-10.3f and g, existing structures currently in use, such as homes and buildings, would need to be condemned; and
4. 
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 paragraph d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate for requirements of subsection 42-10.3f and g that were not achievable on-site.
e. 
Nonstructural Stormwater Management Strategies.
1. 
To the maximum extent practicable, the standards in subsection 42-10.3f and g shall be met by incorporating nonstructural stormwater management strategies at subsection 40-10.3e into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management measures identified in subsection 40-10.3e2 below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.
2. 
Nonstructural stormwater management measures incorporated into site design shall:
(a) 
Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;
(b) 
Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces;
(c) 
Maximize the protection of natural drainage features and vegetation;
(d) 
Minimize the decrease in the "time of concentration" from preconstruction to post construction. "Time of concentration" is defined as the time it takes for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed;
(e) 
Minimize land disturbance including clearing and grading;
(f) 
Minimize soil compaction;
(g) 
Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers and pesticides;
(h) 
Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas;
(i) 
Provide other source controls to prevent or minimize the use or exposure of pollutants at the site, in order to prevent or minimize the release of those pollutants into stormwater runoff. These source controls include, but are not limited to:
(1) 
Site design features that help to prevent accumulation of trash and debris in drainage systems,
(2) 
Site design features that help to prevent discharge of trash and debris from drainage systems;
(3) 
Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and
(4) 
When establishing vegetation after land disturbance, applying fertilizer in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.
3. 
Site design features identified under subsection 42-10.3e2(i)(2) above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 42-10.3e3(c) below.
(a) 
Design engineers shall use either 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 (April 1996); or
(2) 
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 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. Example of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
(b) 
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.
(c) 
This standard does not apply:
(1) 
Where the review agency determines that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
(2) 
Where flows from the water quality design storm as specified in subsection 42-10.3g1 are conveyed through any device (e.g., end of catch basin hood) that is designated, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
4. 
Any land area used as a nonstructural stormwater management measure to meet the performance standards in subsection 42-10.3f and g shall be dedicated to a government agency, subjected to a conservation restriction filed with the appropriate County Clerk's office, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the reviewing agency is maintained in perpetuity.
5. 
Guidance for nonstructural stormwater management measures is available in the New Jersey Stormwater Best Management Practices Manual. The manual is available on the Department Of Environmental Protection's Stormwater website at http://www.njstormwater.org.
f. 
Erosion Control, Groundwater Recharge and Runoff Quantity Standards.
1. 
This section contains minimum design and performance standards to control erosion, encourage and control infiltration and groundwater recharge, and control stormwater runoff quantity impacts of major development.
(a) 
The minimum design and performance standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. and implementing rules.
(b) 
The minimum design and performance standards for groundwater recharge are as follows:
(1) 
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at subsection 42-10.4, either:
(i) 
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
(ii) 
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.
(2) 
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to paragraph (3) below.
(3) 
The following types of stormwater shall not be recharged:
(i) 
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
(ii) 
Industrial stormwater exposed to "source material." Source material shall mean 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; byproducts; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.
(4) 
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 and other subsurface structures in the vicinity or downgradient of the groundwater recharge area.
(c) 
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at subsection 42-10.4, 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. The percentages shall not be applied to post-construction stormwater runoff into tidal flood hazard areas if the increased volume of stormwater runoff will not increase flood damages below the point of discharge; or
(4) 
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with (1), (2) and (3) above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.
2. 
Any application for a new agricultural development that meets the definition of major development at subsection 42-10.12 shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of this section and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For the purposes of this section, "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 manufacturing of agriculturally related products.
g. 
Stormwater Runoff Quality Standards.
1. 
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff by 80% of the anticipated load from the developed site, expressed as an annual average. Stormwater management measures shall only be required for water quality control if an additional 1/4 acre of impervious surface is being proposed on a development site. 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 Pollution Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. 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 1. The calculation of the volume of runoff may take into account the implementation of nonstructural and structural stormwater management measures.
Table 1: Water Quality Design Storm Distribution
Time
(minutes)
Cumulative Rainfall
(inches)
Time
(minutes)
Cumulative Rainfall
(inches)
0
0.0000
65
0.8917
5
0.0083
70
0.9917
10
0.0166
75
1.0500
15
0.0250
80
1.0840
20
0.0500
85
1.1170
25
0.0750
90
1.1500
30
0.1000
95
1.1750
35
0.1330
100
1.2000
40
0.1660
105
1.2250
45
0.2000
110
1.2334
50
0.2583
115
1.2417
55
0.3583
120
1.2500
60
0.6250
2. 
For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in subsection 42-10.6, or found on the Department's website at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in subsection 42-10.6. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be provided to the Department at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, PO Box 418, Trenton, New Jersey, 08625-0418.
3. 
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 - (AXB)/100
Where:
R
=
total TSS percent load removal from application of both BMPs, and
A
=
the TSS percent removal rate applicable to the first BMP
B
=
the TSS percent removal rate applicable to the second BMP
Table 2: TSS Removal Rates for BMPs
Best Management Practice
TSS Percent Removal Rate
Bioretention Systems
90
Constructed Stormwater Wetland
90
Extended Detention Basin
40-60
Infiltration Structure
80
Manufactured Treatment Device
See subsection 42-10.5c
Sand Filter
80
Vegetative Filter Strip
60-80
Wet Pond
50-90
4. 
If there is more than one on-site drainage area, the 80% TSS removal rate shall apply to each drainage area, unless the runoff from the subareas converge on site in which case the removal rate can be demonstrated through a calculation using a weighted average.
5. 
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in subsection 42-10.3f and g.
6. 
Additional information and examples are contained in the New Jersey Stormwater Best Management Practices Manual, which may be obtained from the address identified in subsection 42-10.6.
7. 
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.
8. 
Special water resource protection areas shall be established along all waters designated Category One at N.J.A.C. 7:9B, and perennial or intermittent streams that drain into or upstream of the Category One waters as shown on the USGS Quadrangle Maps or in the County Soil Surveys, within the associated HUC14. These areas shall be established for the protection of water quality, aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, and exceptional fisheries significance of those established Category One waters. These areas shall be designated and protected as follows:
(a) 
The applicant shall preserve and maintain a special water resource protection area in accordance with one of the following:
(1) 
A 300-foot special water resource protection area shall be provided on each side of the waterway, measured perpendicular to the waterway from the top of the bank outwards or from the centerline of the waterway where the bank is not defined, consisting of existing vegetation or vegetation allowed to follow natural succession is provided.
(2) 
Encroachment within the designated special water resource protection area under paragraph (1) above shall only be allowed where previous development or disturbance has occurred (for example, active agricultural use, parking area or maintained lawn area). The encroachment shall only be allowed where applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable. In no case shall the remaining special water resource protection area be reduced to less than 150 feet as measured perpendicular to the top of bank of the waterway or centerline of the waterway where the bank is undefined. All encroachments proposed under this paragraph shall be subject to review and approval by the Department.
(b) 
All stormwater shall be discharged outside of and flow through the special water resource protection area and shall comply with the Standard for Off-Site Stability in the "Standards For Soil Erosion and Sediment Control in New Jersey," established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
(c) 
If stormwater discharged outside of and flowing through the special water resource protection area cannot comply with the Standard For Off-Site Stability in the "Standards for Soil Erosion and Sediment Control in New Jersey," established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., then the stabilization measures in accordance with the requirements of the above standards may be placed within the special water resource protection area, provided that:
(1) 
Stabilization measures shall not be placed within 150 feet of the Category One waterway;
(2) 
Stormwater associated with discharges allowed by this section shall achieve a 95% TSS post-construction removal rate;
(3) 
Temperature shall be addressed to ensure no impact on the receiving waterway;
(4) 
The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable;
(5) 
A conceptual project design meeting shall be held with the appropriate Department staff and Soil Conservation District staff to identify necessary stabilization measures; and
(6) 
All encroachments proposed under this section shall be subject to review and approval by the Department.
(d) 
A stream corridor protection plan may be developed by a regional stormwater management planning committee as an element of a regional stormwater management plan, or by a municipality through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject to subsection 42-10.3g8 has been approved by the Department of Environmental Protection, then the provisions of the plan shall be the applicable special water resource protection area requirements for that waterway. A stream corridor protection plan for a waterway subject to subsection 42-10.3g8 shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in subsection 42-10.3g.8(a)(1) above. In no case shall a stream corridor protection plan allow the reduction of the Special Water Resource Protection Area to less than 150 feet as measured perpendicular to the waterway subject to this subsection.
(e) 
This subsection does not apply to the construction of one individual single family dwelling that is not part of a larger development on a lot receiving preliminary or final subdivision approval on or before February 2, 2004, provided that the construction begins on or before February 2, 2009.
[Ord. No. 2005-19 § 4]
a. 
Stormwater runoff shall be calculated in accordance with the following:
1. 
The design engineer shall calculate runoff using one of the following methods:
(a) 
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook Section 4, Hydrology and Technical Release 55 - Urban Hydrology for Small Watersheds; or
(b) 
The Rational Method for peak flow and the Modified Rational Method for hydrograph computations.
2. 
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology at subsection 42-10.4a1(a) and the Rational and Modified Rational Methods at subsection 42-10.4a1(b). 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 has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
3. 
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.
4. 
In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 - Urban Hydrology for Small Watersheds and other methods may be employed.
5. 
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.
b. 
Groundwater recharge may be calculated in accordance with the following:
1. 
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 http://www.state.nj.us/dep/njgs/; or at New Jersey Geological Survey, 29 Arctic Parkway, P.O. Box 427 Trenton, New Jersey 08625-0427; (609) 984-6587.
[Ord. No. 2005-19 § 4]
a. 
Standards for structural stormwater management measures are as follows:
1. 
Structural stormwater management measures shall be designed to take into account the existing site conditions, including, for example, 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).
2. 
Structural stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure as appropriate, and shall have parallel bars with one inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of subsection 42-10.7c.
3. 
Structural stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall be deemed to meet this requirement.
4. 
At the intake to the outlet from the stormwater management basin, the orifice size shall be a minimum of 2 1/2 inches in diameter.
5. 
Stormwater management basins shall be designed to meet the minimum safety standards for stormwater management basins at subsection 42-10.7.
b. 
Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by this subsection.
c. 
Manufactured treatment devices may be used to meet the requirements of subsection 42-10.3 of this section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department.
[Ord. No. 2005-19 § 4]
a. 
Technical guidance for stormwater management measures can be found in the documents listed in paragraphs 1 and 2 below, which are available from Maps and Publications, New Jersey Department of Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey 08625; telephone (609) 777-1038.
1. 
Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended. Information is provided on stormwater management measures such as: bioretention systems, constructed stormwater wetlands, dry wells, extended detention basins, infiltration structures, manufactured treatment devices, pervious paving, sand filters, vegetative filter strips, and wet ponds.
2. 
The New Jersey Department of Environmental Protection Stormwater Management Facilities Maintenance Manual, as amended.
b. 
Additional technical guidance for stormwater management measures can be obtained from the following:
1. 
The "Standards for Soil Erosion and Sediment Control in New Jersey" promulgated by the State Soil Conservation Committee and incorporated into N.J.A.C. 2:90. Copies of these standards may be obtained by contacting the State Soil Conservation Committee or any of the Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey 08625; (609) 292-5540;
2. 
The Rutgers Cooperative Extension Service, 732-932-9306; and
3. 
The Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey; 08625, (609) 292-5540.
[Ord. No. 2005-19 § 4]
a. 
This subsection sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This subchapter applies to any new stormwater management basin.
b. 
The provisions of this subsection are not intended to preempt more stringent municipal or County safety requirements for new or existing stormwater management basins.
c. 
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
1. 
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 basin to ensure proper functioning of the basin outlets in accordance with the following:
(a) 
The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars.
(b) 
The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure.
(c) 
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.
(d) 
The trash rack shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 lbs./ft. sq.
2. 
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:
(a) 
The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.
(b) 
The overflow grate spacing shall be no less than two inches across the smallest dimension.
(c) 
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 lbs./ft sq.
3. 
For purposes of this subsection, escape provisions means the permanent installation of ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. Stormwater management basins shall include escape provisions as follows:
(a) 
If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in subsection 42-10.7d a freestanding outlet structure may be exempted from this requirement.
(b) 
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2 1/2 feet. Such safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located 1 1/2 feet above the permanent water surface. See subsection 42-10.7e for an illustration of safety ledges in a stormwater management basin.
(c) 
In new stormwater management basins, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.
d. 
Variance or Exemption from Safety Standards.
1. 
A variance or exemption from the safety standards for stormwater management basins may be granted only upon a written finding by the appropriate reviewing agency (municipality, County or Department) that the variance or exemption will not constitute a threat to public safety.
e. 
Illustration of Safety Ledges in a New Stormwater Management Basin.
042--Image-1.tif
[Ord. No. 2005-19 § 4]
a. 
Submission of Site Development Stormwater Plan.
1. 
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 paragraph c below as part of the submission of the applicant's application for subdivision or site plan approval.
2. 
The applicant shall demonstrate that the project meets the standards set forth in this section.
3. 
The applicant shall submit 16 copies and one electronic file of the materials listed in the Checklist for Site Development Stormwater Plans in accordance with subsection 42-10.8c of this section.
b. 
Site Development Stormwater Plan Approval. The applicant's site development project shall be reviewed as a part of the subdivision or site plan review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the engineer retained by the Planning and/or Zoning Board (as appropriate) to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.
c. 
Checklist Requirements. The following information shall be required:
1. 
Topographic Base Map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 100 feet or greater, showing one-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category 1 waters, wetlands and flood plains 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 manmade features not otherwise shown.
2. 
Environmental Site Analysis. A written and graphic description of the natural and man-made features of the site and its environs. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.
3. 
Project Description and Site Plan(s). A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high ground water elevations. A written description of the site plan and justification of proposed changes in natural conditions may also be provided.
4. 
Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of subsections 42-10.2 through 42-10.5 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.
5. 
Stormwater Management Facilities Map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
(a) 
Total area to be paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.
(b) 
Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.
6. 
Calculations.
(a) 
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in subsection 42-10.3 of this section. The design engineer shall submit to reviewing agency one electronic copy of data files for their use.
(b) 
When the proposed stormwater management control measures (e.g., infiltration basins) depend on the hydrologic properties of soils, 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 soil types present at the location of the control measure.
7. 
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of subsection 42-10.9.
8. 
Waiver from Submission Requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipal engineer, waive submission of any of the requirements in subsection 42-10.8c1 through 42-10.8c6 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.
[Ord. No. 2005-19 § 4]
a. 
Applicability.
1. 
Projects subject to review as in subsection 42-10.1c of this ordinance shall comply with the requirements of subsection 42-10.9b and c.
b. 
General Maintenance.
1. 
The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.
2. 
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). Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual. If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's agreement to assume this responsibility, or of the developer's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.
3. 
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.
4. 
If the person responsible for maintenance identified under 42-10.9b2 above is not a public agency, the maintenance plan and any future revisions based on subsection 42-10.9b7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
5. 
Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.
6. 
The person responsible for maintenance identified under subsection 42-10.9b2 above shall 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.
7. 
The person responsible for maintenance identified under subsection 42-10.9b2 above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
8. 
The person responsible for maintenance identified under subsection 42-10.9b2 above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and documentation required by subsection 42-10.9b6 and 7 above.
9. 
The requirements of subsection 42-10.9b3 and 4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency. In addition the person responsible for maintenance shall post a two-year maintenance guarantee in accordance with N.J.S.A. 40:55D-53 shall be posted with said period beginning at the time of dedication.
10. 
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.
c. 
Nothing in this section shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
d. 
Penalties. Any person who violates any portion or section of this ordinance shall be subject to a fine of $250 for each and every day a violation occurs.
[Ord. No. 2005-19 § 4]
This section shall take effect upon the approval by the County review agency, or 60 days after submission to the County review agency if they fail to act.
[Ord. No. 2005-19 § 4]
If the provisions of any subsection, paragraph, subdivision, or clause of this section shall be judged invalid by a Court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any subsection, paragraph, subdivision, or clause of this section.
[Ord. No. 2005-19 § 4]
Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
CAFRA CENTERS, CORES OR NODES
Shall mean those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B.
CAFRA PLANNING MAP
Shall mean the geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.
COMPACTION
Shall mean the increase in soil bulk density.
CORE
Shall mean a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY
Shall mean an agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The County review agency may either be:
A County planning agency; or
A County water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT
Shall mean the New Jersey Department of Environmental Protection.
DESIGN ENGINEER
Shall mean a person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
DESIGNATED CENTER
Shall mean a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
DEVELOPMENT
Shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, development means: any activity that requires a State permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
DRAINAGE AREA
Shall mean a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.
EMPOWERMENT NEIGHBORHOOD
Shall mean a neighborhood designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.
ENVIRONMENTALLY CRITICAL AREAS
Shall mean an area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
EROSION
Shall mean the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
IMPERVIOUS SURFACE
Shall mean a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION
Shall mean the process by which water seeps into the soil from precipitation.
MAJOR DEVELOPMENT
Shall mean any development that provides for ultimately disturbing one or more acres of land. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.
MUNICIPALITY
Shall mean any city, borough, town, township, or village.
NODE
Shall mean an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NUTRIENT
Shall mean a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, the Township or Fairfield, or political subdivision of this State subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
POLLUTANT
Shall mean any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
RECHARGE
Shall mean the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
SEDIMENT
Shall mean solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
SITE
Shall mean the lot or lots upon which a major development is to occur or has occurred.
SOIL
Shall mean all unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
Shall mean an area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the State's future redevelopment and revitalization efforts.
STATE PLAN POLICY MAP
Shall mean the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BASIN
Shall mean an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Shall mean any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.
STORMWATER RUNOFF
Shall means water flow on the surface of the ground or in storm sewers, resulting from precipitation.
TIDAL FLOOD HAZARD AREA
Shall mean a flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
Shall mean a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONE
Shall mean a zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.
URBAN REDEVELOPMENT AREA
Shall mean previously developed portions of areas:
1. 
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
2. 
Designated as CAFRA Centers, Cores or Nodes;
3. 
Designated as Urban Enterprise Zones; and
4. 
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS OR WETLAND
Shall mean an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.