Township of Upper, NJ Land Subdivision, Site Plan and Land Use Administration

The long title of this chapter shall be "An ordinance establishing rules, regulations and standards governing the subdivision of land, approval of site plans and land use administration within the Township of Upper, County of Cape May, and the State of New Jersey, pursuant to the authority set forth in N.J.S.A. 40:55D-1 et seq., setting forth the procedures to be followed by the Planning Board and Zoning Board of Adjustment in applying and administering rules, regulations and standards and providing penalties for the violation thereof."

§ 19-1.2 Short Title.

[Ord. #006-2002 § 1; Ord. #008-2014 § 1]

This Chapter shall be known and may be cited as The Land Subdivision, Site Plan and Land Use Administration Chapter of the Township of Upper.

§ 19-2 PURPOSE.

[Ord. #006-2002 § 1]

The purpose of this chapter shall be to provide rules, regulations and standards to guide land development in the Township of Upper. It shall be administered to insure orderly growth and development, the conservation, protection and proper use of land, and adequate provisions for circulation, utilities and services in order to assure and promote the comfort, health, safety, convenience and general welfare of the Municipality.[1]

[1]

Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 8-1976, 9-1977, 11-1978, 5-1982, 3-1983, 17-1985, 9-1986, 26-1986, 12-1987, 13-1987, 1-1989, 9-1989, 14-1989 and 5-1991.

§ 19-3 DEFINITIONS.

[Ord. #006-2002, § 1; Ord. #001-2004, § 2]

Purpose. Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter, have the meaning herein indicated. Where certain words or phrases are not defined below, their meanings shall be as defined in N.J.S.A. 40:55D-1 et seq.

Definitions.

ADVERSE EFFECT: Shall mean conditions or situations creating, imposing, aggravating or leading to impractical, unsafe or unsatisfactory conditions on a subdivided property or adjacent property such as improper circulation and drainage rights-of-way; inadequate drainage facilities; insufficient street widths; unsuitable street grades; unsuitable street locations to accommodate prospective traffic or coordinate and compose a convenient system; locating lots in a manner not adaptable for the intended purposes without damage to health or peril from flood, fire, erosion or other menace; providing for lots of insufficient size; and neither providing nor making future allowance for access to the interior portion of the lot or for other facilities required by this chapter.

AGRICULTURAL PURPOSES: Shall mean the use of land solely for the growing and harvesting of crops and/or the raising and breeding of animals. The term "agricultural purposes" shall include the raising of nursery stock and flowers.

BOARD: Shall mean the Planning Board of the Township of Upper or the Zoning Board of Adjustment of the Township of Upper.

BUFFER: Shall mean an area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences, and/or berms, designed to continuously limit view of and/or sound from the site to adjacent sites or properties.

CAPITAL IMPROVEMENTS PROGRAM: Shall mean a proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project.

CAPPED SYSTEM: Shall mean completed water supply and/or sewerage system put in place for future use (contingent upon expansion), rather than to meet immediate development needs.

CARTWAY: Shall mean the actual road surface area from curbline to curbline, which may include travel lanes, parking lanes, and deceleration and acceleration lanes. Where there are no curbs, the cartway is that portion between the edges of the paved, or hard surface, width.

CERTIFICATE OF FILING: Shall mean a certificate issued by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.34 that a complete application for development has been filed.

CHANGE OF USE: Shall mean any change of a commercial property resulting in any enlargement of any building or structure; the addition of any other business entity onto a commercial property; any modification to a commercial property which will result in an increase in required off-street parking or sanitary flow.
[Amended 10-28-2019 by Ord. No. 016-2019]

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 any option or contract to purchase, or any other person having 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 extension of use of land.

DRAINAGE AND UTILITY RIGHT-OF-WAY: Shall mean the lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities 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 One of Title 58 of the Revised Statutes as amended and supplemented.

EASEMENT: Shall mean a right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures.

ENVIRONMENTAL CONSTRAINTS: Shall mean features, natural resources, or land characteristics that are sensitive to improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment, or may require limited development, or in certain instances may preclude development.

FLAG LOT SUBDIVISION: Shall mean where permitted by the Upper Township Zoning Ordinance, a flag lot subdivision consists of two lots (one new lot and the remaining parcel). One lot must meet the necessary frontage and area requirements specified in the Upper Zoning Ordinance.[1] The other lot must meet all applicable Zoning Ordinance requirements with the exception of frontage, which shall not be less than 50 feet on an existing street.

FLOOR AREA: Shall mean the area of all floors of buildings or structures. The area of interior balconies, mezzanines, lofts, etc. shall be included in floor area. The area of gazebos, porches, decks, exterior balconies, screen rooms, etc. which are roofed or under awning or other protection shall be included in floor area. The area of unprotected and uncovered exterior decks or patios shall not be included in floor area.

HOMEOWNERS' ASSOCIATION: Shall mean a nonprofit organization operating in a single-family residential development under recorded land agreements through which:

IMPROVED PUBLIC STREET: Shall mean for subdivision purposes or site plan, any street which complies in width and construction with municipal standards.

IMPROVEMENT: Shall mean any man-made, immovable item which becomes part of, placed upon, or is affixed to, real estate.

INDIVIDUAL SEWAGE DISPOSAL SYSTEM: Shall mean a septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device serving a single unit.

ISLAND: Shall mean in street design, a raised area usually curbed, placed to guide traffic, separate lanes, or used for landscaping, signing, or lighting.

LOT: Shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT FRONTAGE: Shall mean that portion of a lot extending along an improved public street line.

MAINTENANCE GUARANTEE: Shall mean any security acceptable to the Township Committee to assure the maintenance of improvements installed by the developer after final acceptance of the improvement and in accordance with this Chapter and the Municipal Land Use Law.

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, pursuant to N.J.S.A. 40:55D-28.

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.

OFFICIAL MAP: Shall mean a map adopted in accordance with the Municipal Land Use Law (Chapter 291) of the Laws of 1975) or any prior act authorizing such adoption. Such map shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds and drainage rights-of-way shown thereon.

OWNER: Shall mean any individual, firm, association, syndicate, co-partnership 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.

PERFORMANCE GUARANTEE: Shall mean any security in accordance with the requirements of this chapter which may be accepted by the Township Committee in lieu of a requirement that certain improvements be made before the Planning Board grants final approval to a subdivision or site plan.

PLAT: Shall mean the map of a subdivision or plan of a site plan.

RESERVE STRIP: No privately owned reserved strips shall be permitted which control access to any part of the subdivision or to any other adjacent parcel of land from any street, or from any land dedicated to public use, or which may be so dedicated. Said strip of land shall be considered a reserved strip if less than 50 feet in depth or less if it can be reasonably shown that a physical structure could be erected above ground within the required setbacks of the zoning districts.

RESUBDIVISION

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.

SETBACK LINE: Shall mean a line drawn parallel with a street line and drawn through the point of a building or any projection thereof nearest to the street line. The term "required setback" means a line that is established a minimum horizontal distance from the street line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line. (See Exhibits, included as attachments to this chapter.).

SEWER: Shall mean any pipe conduit used to collect and carry away sewage of storm water runoff from the generating source to treatment plans or receiving detention basins or retention basins.

SHADE TREE: Shall mean a tree in a public place, street, special easement, or right-of-way adjoining a street.

SIGHT EASEMENT AT INTERSECTION: Shall mean a triangular shaped area established in accordance with the requirements of this chapter in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to obstruct vision between a height of two feet and 10 feet above the centerline grade of either street.

SITE PLAN: Shall mean a development plan in compliance with § 19-6 of this chapter of one or more lots on which is shown:

STREET: Shall mean any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing State, County or Municipal roadway; or which is shown upon a plat heretofore approved pursuant to law or approved by official action as provided in the Municipal Land Use Law; or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines whether improved or unimproved and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For purposes of this chapter streets shall conform to the adopted Master Plan classification.

STREET LINE: Shall mean the edge of the existing right-of-way or future street right-of-way as shown on the Master Plan or Official Map (whichever would result in the widest right-of-way and which line forms the division between the street and lot). (See Exhibits in this chapter).[2]

SUBDIVIDER: Shall mean any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another with the written consent of the owner according to the provisions of this chapter, and the Municipal Land Use Law.

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 be considered subdivisions within the meaning of this chapter, if no new streets are created: (1) division of land found by the Planning Board or Subdivision and Site Plan Committee to be for agricultural purposes where all resulting parcels are five acres or larger in size; (2) division of property by testamentary or intestate provisions; (3) divisions of property upon court order, including but not limited to judgments of foreclosure; (4) consolidation of existing lots by deed or other recorded instrument; and (5) the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."

SUBDIVISION AND SITE PLAN COMMITTEE: Shall mean a committee of at least three Board members appointed by the Chairman of the Board with the approval of the Board for the purpose of reviewing applications prior to action by the entire Board to determine whether such applications comply with all ordinance provisions and development.

TOPSOIL: Shall mean the upper layer of soil material to a depth of six inches which is darker and richer than the subsoil and which contains a greater amount of organic material.

VARIANCE: Shall mean permission to depart from the literal requirements of the Zoning ordinance pursuant to N.J.S.A. 40:55D-70 c.d. and N.J.S.A. 40:55D-40b.

[1]

Editor's Note: The Zoning Ordinance is codified as Chapter 20 of these Revised General Ordinances.

[2]

Editor's Note: The Exhibits referred to herein are included as attachments to this chapter

§ 19-4 ADMINISTRATION.

§ 19-4.1 Planning Board and Zoning Board of Adjustment.

[Ord. #006-2002 § 1]

A Planning Board is hereby established pursuant to N.J.S.A. 40:55D-2 et seq. and amendments thereto and Subsection 20-7.1 of the Zoning Ordinance of the Township of Upper, as amended.

A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq. and amendments thereto and Subsection 20-7.2 of the Zoning Ordinance of the Township of Upper, as amended.[1]

The Planning Board Secretary or Zoning Board Secretary is the administrative officer given the responsibility for ensuring orderly and expeditious processing of subdivision and site plan applications.

[1]

Editor's Note: The Zoning Ordinance referred to herein is codified as Chapter 20 of these Revised General Ordinances.

§ 19-4.2 Jurisdiction.

[Ord. #006-2002, § 1; Ord. #001-2004, § 2; Ord. No. 013-2017 § 2]

Pursuant to the division of authority between the Planning and Zoning Board in N.J.S.A. 40:55D-20, the Zoning Board shall have exclusive jurisdiction to review all aspects of a development plan which includes a request for a variance under N.J.S.A. 40:55D-70(d) and the Planning Board shall have exclusive jurisdiction to review all aspects of any development plan which includes a request for site plan and/or subdivision approval. Either Board may waive its jurisdiction in favor of the other Board subject to the limitations in the Municipal Land Use Law.

Where the Board of Adjustment has jurisdiction pursuant to N.J.S.A. 40:55D-76 references in this chapter to the Planning Board shall refer as well to the Board of Adjustment.

Site Plan Review Required. Site plan review is required for any proposed development which includes:

Any new construction other than a single-family dwelling or an addition to an existing single-family dwelling or two-family dwelling.

Any change of use within a property.

Construction of five or more parking spaces as required under the provisions of the Zoning Ordinance,[1] or the change in the number, location design or layout of parking facilities where the Zoning Ordinance[2] requires five or more resulting parking spaces.

[1]

Editor's Note: The Zoning Ordinance is codified as Chapter 20 of these Revised General Ordinances.

[2]

Editor's Note: The Zoning Ordinance is codified as Chapter 20 of these Revised General Ordinances.

Construction of any storage yard greater than 1,500 square feet in area.

Any change in the location of an access to or exist from a parking lot or a loading or unloading area to a public street.

Notwithstanding the foregoing, site plan review shall not be required for any project undertaken by a local communications provider on property which has received a prior site plan and use variance approvals for the co-location of local communications equipment provided that the following conditions are met:

(a)

The local communications provider shall submit three copies of a site plan showing location of all proposed communication equipment. Plans shall show a layout of the existing equipment in the compound and elevation view of the existing antennas on the tower.

(b)

The existing tower will not be increased in height.

(c)

All proposed equipment can be installed in the previously approved compound area.

(d)

Provide copy of all prior resolutions for site plan and use variances at the subject property.

(e)

Provide engineering certification showing the need for the communications equipment at the existing facility.

(f)

Provide engineering certification showing the existing tower can support the proposed equipment or can be modified without adding additional guy wire supports or increasing the height of the tower.

(g)

Provide additional landscape buffering for the compound as recommended by the Township Engineer.

(h)

The Township Engineer and Zoning Officer must certify the aforementioned items have been submitted and are in compliance with this chapter.

Notwithstanding the foregoing, site plan review shall not be required for any construction project undertaken by the Township of Upper on property which is owned by the Township or on which the Township is the lessee, provided that the following conditions are met:

(a)

The Township property is located in a zone district wherein such use is a permitted use; and

(b)

The Township Engineer either prepares or approves any engineering plans, plot plans, or surveys which are involved in such proposed construction and provided further that the Township Engineer files a copy of any such engineering plans with the Secretary of the Planning Board and with the Township Clerk, together with the Engineer's Certification, under seal, that the proposed construction project complies, with the site plan requirements of the Township of Upper.

(c)

A notice is given to all property owners within 200 feet of the project by certified mail, return receipt requested. Such notice shall be given at least 10 days prior to the application for a construction permit. Provided that the Township makes a bona fide good faith effort to comply with this section, the inadvertent failure to give such notice to one or more property owners shall not void the application for a construction permit.

Any mining, excavation, dumping or deposit of fill or dredge spoils, or landfill activities.

[Ord. No. 013-2017 § 2]

Any development, which includes any of the above items, shall obtain a final site plan approval of the development plan before any construction permit will be issued or before any clearing of trees or underbrush shall be done on the property, or before any change of use is allowed.

Subdivision Review Required. Subdivision review shall be required for any proposed development which includes any subdivision as defined in this chapter and/or in the Municipal Land Use Law of the State of New Jersey.

The developer shall obtain a final subdivision approval before the plat(s) or deeds perfecting the subdivision may be recorded in the Cape May County Clerk's Office and before any lot(s) created by such subdivision may be conveyed to any other party.

§ 19-4.3 Waiver and Exception.

[Ord. #006-2002, § 1]

Waiver of Site Plan Application. A Planning Board may waive the requirements for site plan approval where there is a change in use or occupancy, or are minimal construction or improvements proposed or required. The waiver may be granted only upon a resolution by the Planning Board finding that the use will not affect existing drainage, traffic circulation, relationship of buildings to each other, landscaping, buffering, lighting, parking requirements and other considerations of site plan approval, and that the existing facilities do not require upgraded or additional site improvements. The application for a waiver of site plan shall include a discussion of the prior use of the site, the proposed use, and its impact. The waiver can be granted only at a public meeting. Notice under N.J.S.A. 40:55D-12 shall not be required for a waiver application.

Exception of Specific Subdivision and Site Plan Requirements. 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 and approval of this chapter, 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.

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 and approval of this chapter, 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.

The request for any exception under this section of the Chapter must be specifically included in any notice given in accordance with N.J.S.A. 40:55D-12.

§ 19-4.4 Subdivision and Site Plan Committee.

[Ord. #006-2002, § 1]

The Chairperson of the Planning Board may appoint a Subdivision and Site Plan Committee. The Subdivision and Site Plan Committee shall consist of at least two Board members along with technical and other staff members such as the Municipal Planner and/or Engineer and deemed appropriate. The purpose of the Subdivision and Site Plan Committee is to review, comment, and make recommendations with respect to subdivision and site plan applications, and to perform other duties conferred on this committee by the Board through a motion duly adopted and recorded.

§ 19-5 PROCEDURE.

§ 19-5.1 Purpose.

[Ord. #006-2002, § 1]

The purpose of this section is to establish the procedure for Planning Board review and action on applications for subdivisions and/or site plans. The procedure is intended to provide orderly and expeditious processing of such applications.

§ 19-5.2 Preapplication.

[Ord. #006-2002, § 1]

For the purpose of expediting applications and reducing subdivision and site plan design and development costs, the developer may request an informal review and/or concept plan in accordance with the following requirements:

Submit to the Planning Board Secretary at least three weeks before the regular meeting of the Board, eight copies of any plan, plat, or drawing depicting the proposed site plan and/or subdivision.

The plan, plat or drawing submitted shall be drawn with sufficient accuracy as to scale, physical features, existing and proposed property lines and existing and proposed structures to clearly represent the proposed subdivision and/or site plan.

The applicant shall submit written proof that he has a proprietary interest in the property when the plat, plan or drawing is submitted.

The applicant shall not be required to pay a fee for the informal review and/or concept plan preapplication conference. If requested and paid for by the applicant, a brief written summary of the preapplication conference shall be provided within 15 working days after the final meeting.

The applicant shall not be bound by the determination of the preapplication conference nor shall the Planning Board or Subdivision and Site Plan Committee be bound by any such review.

§ 19-5.3 Application.

[Ord. #006-2002, § 1; Ord. #004-2007, § 1]

Assignment. The applicant shall have the option of seeking the direction of the Zoning Official as to which approvals are required and the appropriate Board for hearing same, or of filing an application and proceeding before the Board which the applicant believes to be appropriate. The administrative official's determination shall be presumed to be correct. The following applications may be filed:

Minor subdivision - subdivision classification.

Major subdivision, preliminary.

Major subdivision, final.

Site plan preliminary.

Site plan final.

Site plan waiver.

(Note: Certain applications may involve a combination of actions and may require simultaneous applications for variances under N.J.S.A. 40:55D-70.)

Content. An application for development shall include the items specified in § 19-9 of this chapter which constitutes a checklist of items to be submitted for subdivision and site plan review.

Complete Application. A subdivision and/or site plan application shall be complete for purposes of commencing the applicable time period for action by the Planning Board or Zoning Board when so certified by the Planning Board or Zoning Board or its authorized committee. For an application to be certified complete, it must include each item in the checklist in § 19-9 of this chapter.

Waiver. The applicant may request that one or more of the submission requirements in the checklist be waived. Such request shall be made in writing.

If a waiver is requested, the applicable time period shall toll until the regular Planning/Zoning Board Meeting.

Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that the applicant is entitled to approval of the application. The Planning/Zoning Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the Chapter or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Planning/Zoning Board.

§ 19-5.4 Minor Subdivision/Subdivision Classification Procedure.

[Ord. #006-2002, § 1]

Any applicant requesting classification of a proposed subdivision or approval of a minor subdivision as defined in this chapter shall submit to the Planning/Zoning Board Secretary 20 copies of the plat and the items required in § 19-9 of this chapter, together with an executed application form, the prescribed fees, and evidence that no taxes or assessments are outstanding against the property, no more than 35 or less than 21 days before the regular scheduled monthly meeting of the Planning/Zoning Board.

The application shall be declared complete or incomplete within a forty-five-day period from the date of its submission according to the provisions of Subsection 19-5.3c of this section.

The Planning/Zoning Board shall take action on minor subdivision/subdivision classification applications within 45 days after the submission of a complete application or within 120 days, if a variance under N.J.S.A. 40:55D-70 is sought, or within such further time as may be consented to by the applicant.

Any subdivision determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the original property being subdivided or upon any adjacent properties may be required to be revised by the subdivider to remove such adverse effect(s) prior to further review, classification or approval by the Board, or where the remaining portion of the original tract is of sufficient size to be subdivided further, the subdivider may be required to submit a sketch plat of the entire remaining portion of the tract to indicate a feasible plan whereby the applied for subdivision together with subsequent subdivision(s) may be submitted that will not create, impose or aggravate or lead to any such adverse effect.

The Planning Board shall condition any approval that it grants upon the timely receipt of a favorable report on the application by the Cape May County Planning Board or approval by the County Planning Board by its failure to report thereon within the required thirty-day time period.

If classified and approved as a minor subdivision, the Board shall waive notice and hearing thereon, except where relief is requested pursuant to C. 40:55D-60 or C.40:55D-76, and the subdivision shall be deemed approved. However, no action shall be taken by the Planning Board unless either the applicant or his attorney is present.

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, 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 as specified by N.J.S.A. 40:55D-1 et seq. Any such plat or deed proposed by filing shall be presented to the Board Solicitor with a copy of the plat approved by the Planning Board. He shall conform the plat and descriptions and form and, if acceptable, direct the Board Chairman and Secretary to sign the document for the Planning Board.

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.

If the plat is classified as a major subdivision, a notation to that effect shall be made on the plat which shall be returned to the subdivider.

§ 19-5.5 Major Subdivision Procedure.

[Ord. #006-2002, § 1]

Preliminary Major Subdivision Approval.

An applicant may seek preliminary approval of a proposed subdivision only after it has been classified as a major subdivision by action of the Planning Board at a previous meeting. An applicant shall submit to the Planning Board Secretary 20 copies of the plat(s) and application and one copy of other documents as required in § 19-9 of this chapter together with the required fees and evidence that no taxes or assessments are outstanding against the property, no more than 35 or less than 21 days before the regular scheduled monthly meeting of the Planning Board.

The application shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of Subsection 19-5.3c of this section.

After the application is declared complete, the Board shall set the date, time and place for a public hearing on the preliminary plat and shall inform the applicant of the day of the public hearing. The applicant shall give public notice of the hearing, as required in § 20-9 of these Revised General Ordinances, Notices, Hearings and Records of the Township Ordinance.

The Subdivision Committee, if established, shall review the application and shall comment and make recommendations to the Planning Board.

A complete application for a subdivision of 10 or fewer lots shall be acted upon within 45 days of the date of complete submission, or 120 days if a variance is required, or within such further time as may be consented to by the developer. A subdivision of more than 10 lots shall be acted upon within 95 days of the date of such submission, or 120 days if a variance is required, or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary subdivision approval.

Effect of Preliminary Approval of Major Subdivision. Preliminary approval of a major subdivision shall, except as provided in item 4 of this subsection, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval as specified by N.J.S.A. 40:55D-1 et seq.:

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 sizes; yard dimensions and off-tract improvements; 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.

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat as the case may be; provided such section(s) are designated on the approved preliminary plat.

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 and improvement standards have been revised by ordinance, such revised standards may govern. Application for such extension shall be in writing, giving good reasons for the request and must be filed with the Planning Board Secretary before the preliminary approval has expired.

In the case of a subdivision of an area of 50 acres or more, the Planning Board may grant the rights referred to in items 1, 2 and 3 above for such period of time, longer than three years, in accordance with the standards established in N.J.S.A. 40:55D-49(d).

Final Approval of Major Subdivisions.

An applicant may request final approval of a proposed major subdivision only after preliminary subdivision approval has been given to the development at a previous meeting of the Board. An applicant shall submit to the Secretary of the Planning Board 20 copies of the plat and application and one copy of other materials specified in § 19-9 of this chapter, not more than 35 nor less than 21 days before the regular scheduled monthly meeting of the Planning Board. The final plat shall incorporate all changes or modifications required by the Planning Board in the approval of the preliminary plat.

With the final subdivision application and plats, the developer shall provide:

(a)

Proof that the Township Engineer is in receipt of as-built plans showing all street, improvements and utilities in exact location and elevation and identifying those portions already installed and those to be installed.

(b)

Proof that the subdivider has complied with one or both of the following, as appropriate:

(1)

Installed all improvements in accordance with the requirements of this chapter; or

(2)

Posted a performance guarantee, maintenance bond and lighting fixture fee in an amount approved by the Municipal Engineer and in a form approved in writing by the Township Committee upon the recommendation of the Township Solicitor, according to the provisions of this chapter, § 19-8.

(c)

Original deeds for any lands to be conveyed to the Township, original documents establishing any Homeowners Associations, covenants and restrictions or other easements or encumbrances in form suitable for recording in the Office of the Clerk of Cape May County.

(d)

A guarantee that temporary street signs will be installed before any construction permits are issued.

(e)

Proof that all contributions to the Upper Township Fire Protection Fund (Ordinance 17-1985 as amended by Ordinance 9-1986) have been paid.

The application for final subdivision or site plan approval shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of Subsection 19-5.3c, of this section.

Final approval shall be granted or denied within 45 days after submission of a complete application 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 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.

Final approval of a major subdivision shall expire 95 days from the date of signing of the plat by the Chairman and Secretary of the Planning Board unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Planning Board may for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.

No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning/Zoning Board. The signatures of the Chairman and Secretary of the Planning/Zoning Board shall not be affixed until the developer has had the original mylar and linen formed with the approved preliminary plat by the Planning/Zoning Board Solicitor. The final plat shall include any conditions of approval in writing thereon.

Effect of Final Approval of Major Subdivisions.

The zoning requirements applicable to the preliminary approval granted and all other rights conferred upon the developer pursuant to preliminary approval whether conditionally or otherwise shall not be changed for a period of two years after the date of final approval; provided that in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in N.J.S.A. 40:55D-54. If the developer has followed the standards prescribed for final approval and in the case of a subdivision has duly recorded the plat, the Planning Board may extend such period of protection for extensions of one year, but not to exceed three extensions.

In the case of a conventional subdivision of 150 acres or more the Planning Board may grant the rights referred to in item 1 of this subsection for such period of time, longer than two years, in accordance with the standards of N.J.S.A. 40:55D-52b.

§ 19-5.6 Site Plan Procedure.

[Ord. #006-2002, § 1]

Preliminary Site Plan Approval.

An applicant seeking preliminary approval of a proposed development which requires site plan approval pursuant to § 19-4 of this chapter shall submit to the Planning Board Secretary 20 copies of the plat(s) and application and one copy of other documents as required in § 19-9 of this chapter together with an executed application form, the required fees and evidence that no taxes or assessments are outstanding against the property, no more than 35 or less than 21 days before the regular scheduled monthly meeting of the Planning Board.

The application shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of Subsection 19-5.3c, of this section.

The Site Plan Committee, if established, shall review the application and shall comment and make recommendations to the Planning Board.

A complete application for site plan of 10 acres of land or less and 10 dwelling units or less shall be acted upon within 45 days of the date of complete submission, or 120 days if a variance is required, or within such further time as may be consented to by the developer. A site plan of more than 10 acres or more than 10 dwelling units shall be acted upon within 95 days of the date of such submission, or 120 days if a variance is required, or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary site plan approval.

Effect of Preliminary Approval of Site Plan. Preliminary approval of a site plan shall, except as provided in item 4 of this subsection, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval as specified by N.J.S.A. 40:55D-1 et seq.:

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary site plan plat as the case may be; provided such section(s) are designated on the approved preliminary plat.

That the applicant may apply for and the Planning Board may grant extension 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 and improvement standards have been revised by ordinance, such revised standards may govern. Application for such extension shall be in writing, giving good reasons for the request and must be filed with the Planning Board Secretary before the preliminary approval has expired.

In the case of a site plan of an area of 50 acres or more, the Planning Board may grant the rights referred to in items 1, 2 and 3 above for such period of time, longer than three years, in accordance with the standards established in N.J.S.A. 40:55D-49(d).

Preliminary approval of a site plan shall not confer upon the developer the right to apply for a construction permit or foundation permit, or to begin any construction on the property.

Final Approval of Site Plan.

An applicant requesting final approval of a proposed development requiring site plan approval shall submit to the Secretary of the Planning/Zoning Board 20 copies of the plat and one copy of other materials specified in § 19-9 of this chapter, not more than 35 nor less than 21 days before the regular scheduled monthly meeting of the Planning Board. The final plat shall incorporate all changes or modifications required by the Planning Board in the approval of the preliminary plat.

With the final site plan application and plats, the developer shall provide:

(a)

Original deeds for any lands to be conveyed to the Township, original documents establishing any Homeowners Associations or Tenants Association, covenants and restrictions or other easements or encumbrances in form suitable for recording in the Office of the Clerk of Cape May County, as appropriate.

(b)

A guarantee that all contributions or improvements to the Upper Township Fire Safety Capital Improvement Fund shall be paid before any building permit occupancy issues for any building within the development. This may be satisfied for each section separately.

The application for final site plan approval shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of Subsection 19-5.3c, of this section.

Final approval of a site plan shall be granted or denied within 45 days after submission of a complete application 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 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.

Effect of Final Approval of Site Plan.

The zoning requirements applicable to the preliminary approval granted and all other rights conferred upon the developer pursuant to preliminary approval whether conditionally or otherwise shall not be changed for a period of two years after the date of final approval. Final approval of a site plan shall give the developer the right to apply for construction permits and begin construction of the development and/or change or increase the existing use or occupancy in accordance with the approval granted.

The Planning Board may extend such period of protection for extensions of one year, but not to exceed three extensions.

In the case of a conventional site plan of 150 acres or more or for 200,000 or more square feet of nonresidential floor area, the Planning Board may grant the rights referred to in item 1 of this subsection for such period of time, longer than two years, in accordance with the standards of N.J.S.A. 40:55D-52b.

§ 19-5.7 Validity of Site Plan and Subdivision Approval.

[Ord. #006-2002, § 1]

The validity of any subdivision or site plan approvals granted by the Planning Board is directly related to the truthfulness of the information presented to the Board by the developer. Any development undertaken by a developer or his successor or assigns in reliance upon approvals obtained through misstatements or incorrect information submitted to the Planning Board in written or oral testimony, is done at the developer's risk and may be subject to correction at the developers expense should subsequent discovery disclose that information provided to the Board was false. Should the Board discover that it granted approval for a subdivision or site plan in reliance upon false information provided it by an applicant or the applicant's consultants, witnesses, or experts, then the Board shall rescind its approval and the use and occupancy of the development shall be a violation of the Zoning Ordinance of Upper Township[1] and subject to the penalties inherent in such violation.

[1]

Editor's Note: The Zoning Ordinance is codified as Chapter 20 of these Revised General Ordinances.

§ 19-6 PLAT DETAILS AND DESIGN GUIDELINES.

§ 19-6.1 Purpose.

[Ord. #006-2002, § 1]

The purpose of good subdivision and site design is to create a functional and attractive development, to minimize adverse impacts, and to ensure a project will be an asset to a community.

This section specifies the information which the developer shall provide to the Board in its various application plats, so that the Board may fairly evaluate the project.

This section presents design guidelines and standards for each subdivision in the Township.

The developer shall be presumed to be able to build the maximum density, intensity of development, and floor area ratio permitted by the Zoning Ordinance as may be reasonably modified and restricted by other applicable ordinances, including the design standards and guidelines set forth herein.

The purpose of the guidelines and standards is to ensure that the design of new development gives appropriate consideration to the scale and character of the existing neighborhood in which a development is to be located.

§ 19-6.2 Details of Sketch Plat-Subdivision.

[Ord. #006-2002, § 1]

Details Required for all Sketch Plats. The submitted sketch plat shall be based on tax map information or some other similarly accurate base and shall be neatly and accurately drawn. The following information shall be included:

The location of that portion which is to be subdivided in relation to the entire tract;

All existing structures within 200 feet of the proposed subdivision, and wooded areas within the subdivision;

The name of the owner and of all adjoining property owners as disclosed by the most recent municipal tax records;

The tax map sheet block and lot number;

All existing and proposed streets and roads within 200 feet of the subdivision, with rights-of-way indicated and topographical features such as swamps;

All proposed lot lines and existing lot lines proposed to be eliminated;

The location and size of all drainage structures and drainage ditches, streams and brooks and the direction of flow of such streams or brooks in the area to be subdivided or within 200 feet of the subdivision;

Proposed drainage facilities;

The location and width of all existing and proposed utility easements in the area to be subdivided;

10.

Zoning district boundaries affecting the tract;

11.

North arrow;

12.

Scale of plat and date of latest revisions;

13.

Acreage of the entire tract and the area being subdivided to the nearest tenth of an acre;

14.

The number of new lots created;

15.

Name and address of owner, subdivider and person preparing plat;

16.

A key map showing the entire subdivision and its relation to the surrounding areas at a scale of one inch equals not more than 2,000 feet;

17.

A key map showing the soil classifications on the site and adjacent lands;

18.

A key map showing all freshwater wetland and/or salt marsh wetlands.

Special Details and Specifications Required of Proposed Minor Subdivision Prior to Classification and Approval. No plat shall be classified and approved as a minor subdivision unless drawn by a land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal and license number and address of the said land surveyor. The sketch plat shall be based on an accurate field survey of the proposed new lots, provided, however, that the Planning Board, in its discretion, may require a survey of the entire parcel. The sketch plat shall be drawn on a scale not more than 100 feet to the inch on one of four standard sizes (namely, 8 1/2 by 13, 15 by 21, 24 by 36, or 30 by 40) so as to enable the entire tract or the entire parcel of lots to be subdivided, as the case may be, to be shown on one sheet. The plat shall include the following information:

Contours as shown on the U.S.G.S. topographic sheets at intervals of sufficient accuracy to determine areas whose elevation are 10 feet or less;

Marshes, ponds, streams and land subject to flooding in the subdivision and within 200 feet thereto;

The plat shall show building setback lines. Such setback lines shall be as specified in the Upper Township Development Plan and Zoning Ordinance;

All areas designated as wetlands under the New Jersey Wetlands Act of 1970 (N.J.S.A. 13:9A-1, et seq.) or so state if there are none. Plats containing wetlands shall be accompanied by proof that the New Jersey Department of Environmental Protection, Bureau of Marine Lands Management, has been notified of the proposed subdivision and improvements;

All areas under the jurisdiction of the Coastal Area Facilities Review Act (N.J.S.A. 12:19-21) shall be shown, or it shall be so stated if there are none.

The minor subdivision plat shall be accompanied by the following documents:

Certification from the Tax Collector that all taxes are paid to date;

Two paper copies and one mylar copy of the minor subdivision plat;

Computer Aide Drafting (CAD) computer drawing file in AutoCAD R14 or higher (*.dwg) or standard "dxf" format file shall be submitted to the Township Engineer and shall meet the following requirements:

(a)

Each lot shall be a closed polygon.

(b)

The drawing shall be referenced to N.J.S.P.C. 1983 (feet)

(c)

The following items shall be placed on separate layers:

Lot lines, street R.O.W., street centerline, easements, street names, lot number, block number, adjacent lot lines, lot line bearings, lot line distances, curve table information, wetland line, wetland line buffer, building setback line.

§ 19-6.3 Details of Preliminary Plat-Major Subdivision.

[Ord. #006-2002, § 1]

The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary plats shall be designed by a professional engineer and land surveyor licensed to practice in the State of New Jersey. The plat shall be designed in compliance with the provisions of § 19-7 of this chapter and shall show the following information on existing and proposed features:

A key map showing the entire subdivision and its relation to the surrounding areas at a scale of one inch equals not less than 2,000 feet;

Title block:

Name of subdivision, municipality and county;

Name and address of subdivider;

Name and address of the owner or owners of record and the names and addresses of all property owners within 200 feet of the extreme limits of the subdivision as shown on the most recent tax list prepared by the tax assessor;

Name, address, signature and license number of the professional person who prepared the drawing;

Acreage of tract to be subdivided to nearest tenth of an acre; and

Total number of proposed lots;

Scale and north arrow;

Date of original preparation and of each subsequent revision thereof;

Existing block and lot numbers of the tract(s) to be subdivided as they appear on the municipal tax map and proposed block and lot numbers as provided upon request from the Township Tax Assessor;

Subdivision boundary line (heavy solid line);

The location of existing and proposed property lines, streets, buildings (with an indication as to whether existing buildings will be retained or removed), water courses, railroads, bridges, culverts, drain pipes, and any natural features such as wooded areas, to the proper scales, both within the tract and within 200 feet of its boundary;

Street rights-of-way within the subdivision and within 200 feet of its boundaries:

Name of each street;

Location and width;

Centerline elevation at intersections and other critical points;

Typical cross-section and centerline profiles for all proposed new streets; they shall clearly indicate the type and width of pavement and location of curbs and sidewalks, if any, and tree planting strips. At intersections any existing proposed sight triangles and the radius of curblines shall be clearly indicated;

Other recorded rights-of-way and easements on the subdivision:

Identification and description;

Location and width;

Restrictions of use, if any;

The location of other utility structures such as water and sewer mains, gas transmission lines and high tension powerlines on the subdivision and within 200 feet of its boundaries;

Existing and proposed contours at one foot intervals; all contour lines shall be referenced to the New Jersey Geodetic Control Survey Datum;

Lot layout:

Lot lines and dimensions of each lot to the nearest 1/10 foot;

Building setback lines (dashed) and their dimensions from the street line;

Existing zoning and boundaries thereof;

Identification of lots or parcels to be reserved or dedicated to public use, if any;

Drainage characteristics shall be shown in the following manner to comply with Cape May County regulations:

When a brook or stream is proposed for alteration, improvements or relocation or when a drainage structure is proposed on running stream with a drainage area of 1/2 square mile or greater, evidence of submission of the improvement to the New Jersey Division of Water Policy and Supply shall accompany the subdivision;

Cross-sections of watercourses and/or drainage swales at an appropriate scale showing extent of flood plain (if defined), top of bank normal water levels and bottom elevations at the following locations;

(a)

At any point where a watercourse crosses a boundary of the subdivision;

(b)

At fifty-foot intervals for a distance of 300 feet upstream and downstream of any proposed and/or existing culvert or bridge within or adjacent to the subdivision;

(c)

Immediately upstream and downstream of any point of juncture of two or more watercourses; and

(d)

At a maximum of 500-foot intervals along all watercourses which run through or adjacent to the subdivision;

When ditches, streams or water courses are to be altered, improved or relocated, the method of stabilizing slopes and measure to control erosion and siltation, as well as typical ditch sections and profiles, shall be shown on the plan or accompany it;

The boundaries of the flood plains of all watercourses and tidal waters within or adjacent to the subdivision (if defined);

Profile of stream bed 300 feet upstream and downstream from the proposed property limits of development;

The total acreage in the drainage basin of any watercourse running through or adjacent to a subdivision in the area upstream of the subdivision;

The total acreage in the drainage basin to the nearest downstream drainage structure and the acreage in the subdivision which drains to the structure;

The location and extent of drainage and conservation easements and limits of stream encroachment lines;

The location, extent and water level elevation of all existing or proposed lakes or ponds within or adjacent to the subdivision;

The preliminary plat shall show or be accompanied by plans and computations certified by licensed engineer for any storm drainage system, including the following:

All existing or proposed storm sewer lines within or adjacent to the subdivision showing size and profile of the lines, direction of flow and the location of each manhole and inlet;

The location and extent of any proposed ground water recharge basins, retention basins or other water or soil conservation devices;

Plans of proposed utility layouts including sewers, storm drains, water, gas, telephone and electricity and showing feasible connections to existing or any proposed utility systems. When such service will be provided by an existing utility company, a letter from the company stating that services will be made available before occupancy will be sufficient, and when individual on-lot water supply and/or sewage disposal is proposed, the plan for such system must be approved by the appropriate local and State agencies: The plat shall show the location of fire safety related improvements as approved by the fire district in which the improvement is located.

The preliminary plat shall show or be accompanied by plans showing existing and proposed sanitary sewerage facilities serving the subdivision, including the following:

Location, size and slope of all sanitary sewer lines, pumping stations and connections to existing facilities;

Location of any proposed sanitary sewage treatment plants; and

Test hole data, which shall conform with N.J.A.C. 7:9A-5, containing the following data and certified by an engineer to practice in the State of New Jersey;

(a)

Proof that no lot proposed by this subdivision is an unsuitable lot as defined in Chapter 20, Zoning.

(b)

Date, location, soil log, ground water level at time of boring and seasonal high ground water level. One test hole shall be required for each lot created in the proposed subdivision.

Where soil boring data indicates the need to fill lots to comply with County Health Department regulations, a lot grading plan shall be submitted with the preliminary plat showing the location of a proposed dwelling and septic system. Lot grading plans shall be subject to approval by the Planning Board and the cost of all such grading and filling shall be included in the performance guarantee estimate.

The preliminary plat shall show or be accompanied by plans showing the size and location of all water mains and indicate the source of water;

The preliminary plat shall show all areas designated as "wetlands" under the New Jersey Wetlands Act of 1970 (N.J.S.A. 13:9A-1 et seq.) or so state if there are none. Plats containing wetlands shall be accompanied by proof that the New Jersey Department of Environmental Protection, Bureau of Marine Lands Management, has been notified of the proposed subdivision and improvement plats.

The preliminary plat shall indicate whether the proposed subdivision is within the jurisdiction of the Coastal Area Facilities Review Act (N.J.S.A. 13:19-21);

A certification from the Tax Collector that all taxes are paid to date shall accompany the preliminary plat;

A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat; and

The proposed permanent monuments shall be shown.

§ 19-6.4 Details of Final Plat-Major Subdivision.

[Ord. #006-2002, § 1]

The final plat shall be prepared at a scale of not less than one inch equals 100 feet in accordance with the New Jersey Map Filing Law (R.S. 46:23-9.9 to 23-9.16) and contain the following information:

Date of submission, name and location of the subdivision and the name of the owner;

Graphic scale and reference meridian; at least one corner of the subdivision shall be tied to the U.S.G.S. benchmark with data on the plat as to how the bearings were determined;

Tract boundary lines, street rights-of-way lines, street names, easements (and other rights-of-way), land to be dedicated to public use, lot lines and other site lines, bearings or deflection angles and radii, arcs and center angles of all curves;

Designation of the purpose of any easement of land set aside for public use and notation of proposed use of any nonresidential sites;

Zoning boundaries and the zoning designation of all adjacent lands;

Block and lot numbers in conformity with existing tax map procedures;

Minimum building setback lines as specified in the Upper Township Zoning Ordinance;[1]

[1]

Editor's Note: The Zoning Ordinance as referred to herein is codified as Chapter 20 of these Revised General Ordinances.

Location and description of monuments set and monuments to be set;

The final plat shall be accompanied by the following documents:

Certification from the Tax Collector that all taxes are paid to date;

Certification that the applicant is the owner of the land or the owner's properly authorized agent or that the owner has given consent under an option agreement;

Cross-section and profile drawings of streets as approved by the Township Engineer; and

Plans and profiles of storm and sanitary sewers and water mains as approved by the Township Engineer;

Certification from Chief of Fire District in which subdivision is located that fire protection related improvements are installed or bonded for or that a contribution has been made to the Fire Safety Improvement Fund.

Two paper copies and one mylar copy of the final plat.

(a)

Each lot shall be a closed polygon.

(b)

The drawing shall be referenced to N.J.S.P.C. 1983 (feet)

(c)

The following items shall be placed on separate layers:

§ 19-6.5 Site Plan Details Required for Preliminary Approval.

[Ord. #006-2002, § 1]

The preliminary site plan shall be based on tax map information or some other similarly accurate base and shall be neatly and accurately drawn to scale. The following information shall be included:

Boundaries of the tract, north arrow, scale, date of preparation or latest revision, zone district(s) in which lot(s) is (are) located, a small key map showing the general location of the parcel to the remainder of the municipality.

Existing and proposed streets, parking spaces, loading areas and driveways.

Size, height, location and percent building coverage for all existing and proposed buildings, structures and signs. The landscaping plan including vegetation types, existing and proposed wooded areas, seeded and/or sodded areas, grading, buffer areas, shrubbery, retaining walls and lighting details.

All dimensions necessary to confirm conformity to the Zoning Ordinance[1] such as building setbacks, building heights, yard areas.

[1]

Editor's Note: The Zoning Ordinance referred to herein is codified as Chapter 20 of these Revised General Ordinances.

All lands under the jurisdiction of the New Jersey Department of Environmental Protection as affected by the Wetlands Act of 1970 (N.J.S.A. 13-9A et seq.). Within the Pinelands Area, all wetlands as defined in this chapter shall also be identified.

The proposed location of all drainage, sewerage and water facilities. It must be shown that storm water runoff from the site is so controlled that off-site erosion is neither caused nor worsened. Within the Pinelands Area, any additional information that may be required pursuant to this chapter and the Upper Township Zoning Ordinance.[2]

[2]

Editor's Note: The Zoning Ordinance referred to herein is codified as Chapter 20 of these Revised General Ordinances.

§ 19-6.6 Site Plan Details Required for Final Approval.

[Ord. #006-2002, § 1]

Each site plan submitted for final approval shall be prepared by a licensed engineer, which plan shall bear his seal, including accurate lot lines certified by a licensed land surveyor. All plans shall be prepared at a scale not greater than one inch equals 50 feet on one of the following standard sheet sizes: 8 1/2 inches by 11 inches, 15 inches by 21 inches, 24 inches by 36 inches, 30 inches by 42 inches, and include the following information:

All details required for preliminary approval shall be included.

All additional details and/or minor revisions which may have been specified as part of the preliminary approval.

Plans shall be accompanied by cross-sections of streets, aisles, lanes and driveways which shall adhere to applicable requirements of this chapter and in the Upper Township Zoning Ordinance.[1]

[1]

Editor's Note: The Zoning Ordinance referred to herein is codified as Chapter 20 of these Revised General Ordinances.

The proposed location of all drainage, sewage, and water facilities with proposed grades, sizes, capacities and types of materials to be used, including any drainage easements acquired or required across adjoining properties.

Proposed lighting facilities shall be included showing the direction and reflection of lighting.

Within the Pinelands Area, any additional information that may be required pursuant to this chapter and the Upper Township Zoning Ordinance.[2]

[2]

Editor's Note: The Zoning Ordinance referred to herein is codified as Chapter 20 of these Revised General Ordinances.

§ 19-6.7 (Reserved)

§ 19-6.8 (Reserved)

§ 19-6.9 (Reserved) [1]

[1]

Editor's Note: Former Subsection 19-6.9, Recreation Facilities, previously codified herein and containing portions of Ordinance No. 006-2002 was repealed in its entirety by Ordinance No. 027-2009.

§ 19-7 IMPROVEMENT AND DESIGN STANDARDS FOR MAJOR SUBDIVISIONS AND SITE PLANS.

[Ord. #006-2002, § 1]

The subdivider shall comply with the following requirements and principles of land subdivision in the design of each subdivision or portion thereof. Prior to the granting of final approval, the subdivider shall have installed, or at the option of the Planning Board shall have furnished performance guarantees in accordance with § 19-8 of this chapter for the ultimate installation or protection of, the items required by this section. See § 19-8 of this chapter.

The subdivision shall conform to design standards that will encourage good development patterns encouraging a coordinated, well-planned community with provisions for desirable services and circulation facilities. The subdivision shall conform to the proposals and conditions shown on the Official Map and the Master Plan.

The developer shall comply with the following requirements and principles for site plan design.

Where design standards for residential development within this section conflict with the New Jersey Department of Community Affairs (DCA) "Residential Site Improvement Standards" (RSIS) N.J.A.C. 5:21 et seq. the standards within the RSIS shall govern.

§ 19-7.1 Street and Highways.

[Ord. #006-2002, § 1; Ord. #001-2004, § 2; Ord. #009-2007, § 1]

Subdivisions shall be served by paved public streets and all new streets shall be graded and provided with an all weather base and pavement with an adequate crown in keeping with Township specifications and standards.

The arrangement of streets shall be such as to provide for the appropriate continuous extension of existing, mapped or potential streets. When a new subdivision adjoins land susceptible of being subdivided, suitable provisions shall be made for optimum access of the remaining and/or adjoining tract to existing or proposed streets. Local streets shall be planned so as to discourage through traffic. Existing plotted streets shall be constructed full width to the standards of this chapter when the subject property is developed for either residential or commercial development. The street shall be extended to meet an existing paved street and continue the full length of frontage of the subject property.

No subdivision showing reserve strips controlling access to another area, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to the Township Committee after recommendation by the Planning Board.[1]

[1]

Editor's Note: See Exhibit B included as an attachment to this chapter.

Subdivisions that adjoin or include streets that do not conform to widths as shown on the Master Plan, Official Map or the street width requirements of this chapter shall dedicate additional width along one or both sides of said road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.

The right-of-way widths shall be measured from lot line to lot line. Right-of-way width and pavement shall not be less than the following indicated as such on the Master Plan or Official Map:

	Right-of-Way	Cartway	Maximum Grade	Minimum Grade
Arterial	86"	70"	6%	0.5%
Collector	66"	44"	8%	0.5%
Local	54"	38"	10%	0.5%

The pavement width of streets and the quality of surfacing and base materials shall adhere to the minimum standards set forth by the Township, County or State Engineers when said paving concerns roads under their jurisdiction where such standards exist.

Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°. No more than two streets shall meet or intersect at any one point, and the centerlines of both intersection streets shall pass through a common point. Measuring from this common point, two intersections shall be spaced at a minimum of 300 feet. The block corners at intersections shall be rounded at the curbline with the street having the highest radius requirement, as outlined below, determining the minimum standards for all curblines: arterials - 40 feet; collectors - 35 feet; local streets - 30 feet. Sight triangle easements shall be dedicated as follows: The area bounded by the right-of-way lines and a straight line connecting "sight points" on street centerlines which are the following distances from the intersection of the centerlines. (See Exhibits, included as attachments to this chapter.)

Where two arterial streets intersect, two overlapping sight triangles shall be required formed by 300 feet and 90 feet on each arterial. These requirements shall also apply when a County road and State highway intersect.

Where two collector streets intersect, two overlapping sight triangles shall be required formed by 200 feet and 90 feet on each collector. These requirements shall also apply when two County roads intersect.

Where two local roads intersect, 90 feet on both roads. At intersections involving a combination of roads, sight triangles shall be designed according to the standards outlined above for the respective roads.

Where a driveway for nonresidential development intersects a street, two overlapping sight triangles shall be required formed by a distance 10 times the posted speed limit of the intersecting street measured from the centerline of the driveway and 15 feet from the curbline of the intersecting street.

Subdivisions affecting or involving County roads shall adhere to the design standards for such as set forth in the Subdivision Resolution of the Cape May County Planning Board.

Where streets have a reverse curve, a tangent of at least 100 feet in length shall be required.

No street shall have a grade less than 1/2 of 1%, which shall be defined to mean a vertical rise of 0.5 feet for each 100 feet of horizontal distance.

All changes in grade where the grade is 1% or greater shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance, but not so great as to create drainage problems. Sight distance shall be at least:

One thousand feet for arterial streets.

Seven hundred fifty feet for all collector streets.

Five hundred feet for local streets.

Cul-de-sacs may be used to discourage through traffic. They shall be no longer than 750 feet. They shall provide a turnaround at the end of a radius of not less than 50 feet measured from the curbline and tangent, whenever practicable, to the right side of the street. The minimum right-of-way at the turn-around shall be a radius of at least 58 feet. If a cul-de-sac is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.[2]

[2]

Editor's Note: See Exhibits included as attachments to this chapter

At all driveway openings depressed curb shall be constructed of a full depth section with a 1 1/2 inches curb reveal. The driveway between the curb and right-of-way line shall be paved. That portion of the driveway apron located within five feet of the curb shall be constructed of concrete, with a minimum thickness of six inches. Sidewalks within the driveway widths shall also be a minimum of six inches. Driveway widths at the curbline opening shall conform to Zoning Ordinance Subsection 20-5.16g.

No street shall have a name which will duplicate or so nearly duplicate the name of an existing street that confusion results. The continuation of an existing street shall have the same name. Curvilinear streets shall change their names only at street intersections or in accordance with Subsection 19-7.2 of this section. The Planning Board shall reserve the right to approve or name streets within the proposed subdivisions.

The length, width or acreage of blocks shall be determined with due regard to the limitations and opportunities of topography and shall be such as to be sufficient to meet all the area, yard and parking requirements for such particular uses as expressed in the Zoning Ordinance as well as provide for convenient access, circulation control and safety to street traffic.

Lot dimensions and area shall not be less than the requirements of the Zoning Ordinance of the Township, and insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets. (See Exhibits.)[3]

[3]

Editor's Note: See Exhibits included as attachments to this chapter

Where extra width has been dedicated for widening of existing streets, lots shall begin at such new line. All setbacks shall be measured from the street line whether or not the extra width has been dedicated.

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. Local streets shall not intersect collector streets at intervals more frequently than 500 feet whenever practical in the opinion of the Planning Board. Cul-de-sac or local streets shall not intersect with arterial roads. Driveways to single-family dwellings shall not open on arterial roads. (See Exhibits.)[4]

[4]

Editor's Note: See Exhibits included as attachments to this chapter

Street Specifications. In order to provide a durable surface for the residents of the Township all streets, parking areas and drive isles within the Township shall be constructed to the following specifications and standards:

The minimum requirements of any new street shall be constructed according to the specifications and procedures as set forth in the most current edition of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction with addenda.

The base course shall consist of six inches of soil aggregate type 1-5, constructed according to N.J.D.O.T standard specifications.

The preliminary surface shall consist of two inches of bituminous stabilized base, mix I-2, applied according to N.J.D.O.T. standard specifications.

The final surface shall consist of two additional inches of bituminous concrete, mix I-5, applied according to N.J.D.O.T. standard specifications. This final surface shall be installed insofar as possible after all construction in the subdivision has been completed but no later than two years after final approval of the subdivision is granted.

All street and highway work shall be inspected through the course of construction by the Township Engineer or his duly authorized representative, who shall be notified 48 hours before any work is started or continued.

Street and Driveway. In order to maintain adequate level of service along the Township's roadways all new streets, residential development and nonresidential development.

Any development that generates a two-way traffic volume of 500 or more vehicle trips per day and a peak-hour volume of 200 or more vehicle trips shall prepare a traffic impact study in accordance with N.J.A.C. 16:47-4.30.

Any lot that is nonconforming in accordance with the standards of N.J.A.C. 16:47-3.5 shall have vehicular use limitation in accordance with N.J.A.C. 16:37-3.5(b).

Any development proposed to access the State highway (Rt.-US 9, Rt.-50 and Rt.-49) shall submit the appropriate access permit application to the New Jersey Department of Transportation and be designed and located in accordance with State Highway Access Management Code, N.J.A.C. 16:47.

§ 19-7.2 Street Name and Traffic Control Signs.

[Ord. #006-2002, § 1]

There shall be two metal street name sign posts of steel installed at each street intersection and at such places as noted below. The post shall be 2 1/2 inches in diameter and not less than 12 feet in length. The post shall be set in concrete having a diameter of one foot and a depth of at least three feet in the ground. The street signs shall be metal and conform with existing signs as approved by the Township Engineer.

At street intersections;

When two roads intersecting at right angles are connected by a curve;

At the peak of the curve connecting two parallel streets when the length of the streets exceeds the length of a loop.

Where traffic control signs are deemed necessary by the Planning Board, subdivider or Township Engineer for Township, County or State highways, the proper Township, County or State official shall be informed of the proposed installation in order that the proper agency may consider the necessity of the installation at its own expense.

All street name and traffic control signs shall be installed free of visual obstruction.

An extra set of street name signs shall be provided to the Township Road Department.

§ 19-7.3 Curbs, Gutters and Catch Basins.

[Ord. #006-2002, § 1]

Curbs and catch basins shall be installed in the following zoning districts as established in the Upper Township Zoning Ordinance:[1]

CM	Community Commercial
RR	Resort Residential
RC	Resort Commercial
TV	Tuckahoe Village

[1]

Editor's Note: The Zoning Ordinance referred to herein and codified as Chapter 20 of these Revised General Ordinances.

Gutters shall be installed in areas where the street grade is less than 0.5% and in areas where required by the Township Engineer.

The following type of curb shall be constructed. Concrete curb shall be eight inches wide at their base and not less than six inches wide at their top. Their height shall not be less than 18 inches, constructed to show a vertical face above the roadway pavement of six inches. They shall be constructed by use of metal forms true to line and grade. Open joints shall be provided at intervals of 10 feet and 1/2 inch bituminous expansion joints every 20 feet. Block corners and curves shall be constructed on a true radius; straight forms will not be permitted. (See Exhibits.)[2]

[2]

Editor's Note: The exhibits referred to herein are included as attachments to this chapter

Gutters, where required, shall be concrete, and when not constructed integral with the curb shall be constructed against the existing concrete wall-type curb and shall have a width of not less than 18 inches and a depth of not less than eight inches.

Combination concrete curbs and gutters shall be constructed on a base of sand, cinders or broken stone six inches in depth and extending 12 inches beyond the rear face of the curb and 12 inches beyond the face of the curb. The dimensions shall be a total width of 30 inches for curbs and gutters. The dimensions of the particular parts shall be as follows: The top of the curb shall be six inches in width, rear face of the curb shall be 12 inches at the gutter elevation, the width of the curb shall be seven inches, the curb face at the gutter shall be six inches in depth, and the gutter at street face shall be six inches in depth. All exposed edges shall be rounded with a radius of 3/4 inch to one inch. Transverse joints shall be 1/2 inch wide and shall be installed every 20 feet. Joints are to be filled with cellular compression material as specified and shall be recessed 1/4 inch from face and top of curb. Joints in the gutters shall be filled with premolded bituminous joint filler 1/2 inch thick, recessed 1/2 inch from top of gutter and sealed as specified.

The concrete to be used for curbs and gutters shall be Class B concrete as specified in the New Jersey Department of Transportation for Curbs and Gutters.

The curb shall be laid in a workmanlike manner as directed and approved by the Township Engineer.

The curb at all driveway openings shall be depressed at the front of the curb to a point 1 1/2 inches above the finished pavement.

The rear top corner of this curb shall have a radius of 1/4 inch, and the front top corner shall have a radius of 1 1/2 inches.

Curb openings shall be in such width as shall conform to Zoning Ordinance Subsection 20-5.16g.

§ 19-7.4 Sidewalks.

[Ord. #006-2002, § 1; Ord. #011-2016 § 1]

Sidewalks shall be provided in the following zones as designated in the Upper Township Zoning Ordinance:

RR	Resort Residential
RC	Resort Commercial
TC	Town Center
TCC	Town Center Core
TV	Tuckahoe Village[1]

[1]

Editor's Note: The Zoning Ordinance referred to herein is codified as Chapter 20 of these Revised General Ordinances.

Where required sidewalks shall be four feet wide and located within the street right-of-way four feet from the curb face. The sidewalk shall be constructed of concrete in accordance with New Jersey State Highway Specifications.

All sidewalks shall be constructed of four inches of concrete, except where the sidewalk acts as a driveway apron at which it shall be at least six inches.

The street right-of-way outside the cartway shall be graded to produce a slope of 1/4 inch per foot, sloping towards the cartway. This slope shall also be applied to the sidewalks.

§ 19-7.5 Top Soil Protection.

[Ord. #006-2002, § 1]

No top soil shall be removed from areas intended for lawn or open space. Top soil moved during the course of construction shall be redistributed within the subdivision so as to provide at least four inches of cover to all disturbed areas of the subdivision and shall be stabilized by seeding or planting. No land clearing shall be started on any subdivision until a Soil Erosion and Control Plan has been certified by the Cape Atlantic Soil Conservation District and a copy of that permit is filed in the office of the Township Engineer.

§ 19-7.6 Monuments.

[Ord. #006-2002, § 1]

Monuments shall be installed in compliance with the requirements of N.J.S.A. 46:23-9.11(q).

Monuments shall be concrete.

§ 19-7.7 Stormwater Control.

[Ord. #006-2002, § 1; Ord. #015-2006, § 1; Ord. #009-2007, § 1]

Purpose.

It is hereby determined that:

(a)

Land development projects and associated disturbance of vegetation and soil and changes in land cover, including increases in impervious cover, alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes. If inadequately or improperly managed, this stormwater runoff can deplete groundwater resources and increase flooding, stream channel erosion, and sediment transport and deposition.

(b)

This stormwater runoff contributes to increased quantities of waterborne pollutants.

(c)

Increases of stormwater runoff, soil erosion and nonpoint source pollutants have occurred in the past as a result of land development, and contribute to the degradation of the water resources of Upper Township.

(d)

Certain lands of Upper Township lie within the Pinelands Area, and therefore, development in this portion of Upper Township is subject to the requirements of the Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.) and the implementing regulations and minimum standards contained in the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-1.1 et seq.) (CMP). The purpose and intent of these regulations and standards is to promote orderly development of the Pinelands so as to preserve and protect the significant and unique natural, ecological, agricultural, archaeological, historical, scenic, cultural and recreational resources of the Pinelands.

(e)

Pinelands Area resources are to be protected in accordance with Pinelands Comprehensive Management Plan at N.J.A.C. 7:50 et seq., New Jersey's Stormwater Management Rules at N.J.A.C. 7:8-1.1 et seq. and New Jersey's surface water quality antidegradation policies contained in the New Jersey Surface Water Quality Standards at N.J.A.C. 7:9B-1.1 et seq. Permitted uses shall maintain the ecological character and quality of the Pinelands, including good water quality and natural rates and volumes of flow.

(f)

Increased stormwater rates and volumes and the sediments and pollutants associated with stormwater runoff from future development projects within the Pinelands Area have the potential to adversely affect Upper Township's streams and water.

(g)

Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from development sites.

(h)

It is in the public interest to regulate the discharge of stormwater runoff from "major development" projects, as defined in this subsection e of this subsection, conducted within the Pinelands Area, as provided in this subsection, in order to control and minimize increases in stormwater runoff rates and volumes, to maintain groundwater recharge, and to control and minimize soil erosion, stream channel erosion and nonpoint source pollution associated with stormwater runoff.

Therefore, it is the purpose of this subsection to establish minimum stormwater management requirements and controls for major development, consistent with the statewide stormwater requirements at N.J.A.C. 7:8, the regulations and standards contained in the Pinelands CMP, and the provisions of the adopted master plan and land use ordinances of Upper Township.

Goals and Techniques.

Through this subsection, Upper Township has established the following goals for stormwater control:

(a)

To reduce flood damage, including damage to life and property;

(b)

To minimize any increase in stormwater runoff from new development;

(c)

To reduce soil erosion from any development or construction project;

(d)

To assure the adequacy of existing and proposed culverts and bridges, and other instream structures;

(e)

To maintain groundwater recharge;

(f)

To minimize any increase in nonpoint pollution;

(g)

To maintain the integrity of stream channels for their biological functions, as well as for drainage;

(h)

To restore, protect, maintain and enhance the quality of the streams and water resources of Upper Township and the ecological character and quality of the Pinelands Area;

(i)

To minimize pollutants in stormwater runoff from new and existing development in order to restore, protect, enhance and maintain the chemical, physical and biological integrity of the surface and groundwaters of Upper Township, to protect public health and to enhance the domestic, municipal, recreational, industrial and other uses of water; and

(j)

To protect public safety through the proper design and operation of stormwater management basins.

In order to achieve the goals for stormwater control set forth in this subsection, Upper Township has identified the following management techniques:

(a)

Implementation of multiple stormwater management Best Management Practices (BMPs) may be necessary to achieve the performance standards for stormwater runoff quantity and rate, groundwater recharge, erosion control, and stormwater runoff quality established through this ordinance.

(b)

Compliance with the stormwater runoff quantity and rate, groundwater recharge, erosion control, and stormwater runoff quality standards established through N.J.A.C. 7:8-1.1 et seq., and this ordinance, shall be accomplished to the maximum extent practicable through the use of nonstructural BMPs, before relying on structural BMPs. Nonstructural BMPs are also known as Low Impact Development (LID) techniques.

(c)

Nonstructural BMPs shall include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater.

(d)

Source control plans shall be developed based upon physical site conditions and the origin, nature and the anticipated quantity or amount of potential pollutants.

(e)

Structural BMPs, where necessary shall be integrated with nonstructural stormwater management strategies and proper maintenance plans.

(f)

When using structural BMPs, multiple stormwater management measures, smaller in size and distributed spatially throughout the land development site, shall be used wherever possible to achieve the performance standards for water quality, quantity and groundwater recharge established through this subsection before relying on a single, larger stormwater management measure to achieve these performance standards.

Applicability.

This subsection shall apply to:

(a)

All site plans and subdivisions for major developments occurring that require preliminary or final site plan or subdivision review; and

(b)

All major development projects undertaken by Upper Township shall comply with this subsection.

Procedures. In addition to other development review procedures set forth in the Code of Upper Township, major developments shall comply with the stormwater management requirements and specifications set forth in this subsection. New agricultural development that meets the definition of major development in Subsection e of this subsection shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of N.J.A.C. 5.4(b) 7:8.

Definitions. Unless specifically defined below, words or phrases used in this subsection shall be interpreted so as to give them the meaning they have in common usage and to give this subsection its most reasonable application. When used in this subsection, the following terms shall have the meanings herein ascribed to them.

AQUACULTURE: Shall mean the propagation, rearing and subsequent harvesting of aquatic organisms in controlled or selected environments, and their subsequent processing, packaging and marketing, including but not limited to, activities to intervene in the rearing process to increase production such as stocking, feeding, transplanting and providing for protection from predators.

CERTIFICATION: Shall mean either a written statement signed and sealed by a licensed New Jersey professional engineer attesting that a BMP design or stormwater management system conforms to or meets a particular set of standards or to action taken by the Commission pursuant to N.J.A.C. 7:50-3, Part II or Part IV. Depending upon the context in which the term is used, the terms "certify" and "certified" shall be construed accordingly.

COMPACTION: Shall mean the increase in soil bulk density caused by subjecting soil to greater-than-normal loading. Compaction can also decrease soil infiltration and permeability rates.

CONSTRUCTION: Shall mean the construction, erection, reconstruction, alteration, conversion, demolition, removal or equipping of buildings, structures or components of a stormwater management system including but not limited to collection inlets, stormwater piping, swales and all other conveyance systems, and stormwater BMPs.

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.

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.

DESIGN PERMEABILITY: Shall mean the tested permeability rate with a factor of safety of two applied to it (e.g., if the tested permeability rate of the soils is four inches per hour, the design rate would be two inches per hour).

DEVELOPMENT: Shall mean the change of or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels, and the creation or termination of rights of access or riparian rights including, but not limited to:

DEVELOPMENT, MAJOR: Shall mean any division of land into five or more lots; any construction or expansion of any housing development of five or more dwelling units; any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any "development," grading, clearing or disturbance of an area in excess of 5,000 square feet. Disturbance for the purpose of this subsection is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting or removing of vegetation.

DEVELOPMENT, MINOR: Shall mean all development other than major development.

DRAINAGE AREA: Shall mean a geographic area within which stormwater, sediments, or dissolved materials drain to a BMP, a stormwater management system, a particular receiving waterbody or a particular point along a receiving waterbody.

ENVIRONMENTALLY CRITICAL AREA: 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 animal species; threatened or endangered plants of the Pinelands pursuant to N.J.A.C. 7:5-6.27(a); large areas of contiguous open space or upland forest; steep slopes; and well head protection and groundwater recharge areas. T & E habitat constitutes habitat that is critical for the survival of a local population of threatened and endangered species or habitat that is identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program, whichever is more inclusive. Threatened and endangered wildlife shall be protected in conformance with N.J.A.C. 7:50-6.33.

EXCEPTION: Shall mean the approval by the approving authority of a variance or other material departure from strict compliance with any section, part, phrase or provision of this subsection. An exception may be granted only under certain specific, narrowly-defined conditions described herein and does not constitute a waiver of strict compliance with any section, part, phrase or provision of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-1.1 et seq.).

EXTENDED DETENTION BASIN: Shall mean a facility constructed through filling and/or excavation that provides temporary storage of stormwater runoff. It has an outlet structure that detains and attenuates runoff inflows and promotes the settlement of pollutants. An extended detention basin is normally designed as a multi-stage facility that provides runoff storage and attenuation for both stormwater quality and quantity management. The term "stormwater detention basin" shall have the same meaning as "extended detention basin."

FINISHED GRADE: Shall mean the elevation of the surface of the ground after completion of final grading, either via cutting, filling or a combination thereof.

GRADING: Shall mean modification of a land slope by cutting and filling with the native soil or redistribution of the native soil which is present at the site.

GROUNDWATER: Shall mean water below the land surface in a zone of saturation.

GROUNDWATER MOUNDING ANALYSIS: Shall mean a test performed to demonstrate that the groundwater below a stormwater infiltration basin will not "mound up," encroach on the unsaturated zone, break the surface of the ground at the infiltration area or downslope, and create an overland flow situation.

HEAVY EQUIPMENT: Shall mean equipment, machinery, or vehicles that exert ground pressure in excess of eight pounds per square inch.

HIGH POLLUTANT LOADING AREA: Shall mean an area in an industrial or commercial development site: where solvents and/or petroleum products are loaded/unloaded, stored, or applied; where pesticides are loaded/unloaded or stored; 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; where recharge would be inconsistent with NJDEP-approved remedial action work plan or landfill closure plan; and/or where a high risk exists for spills of toxic materials, such as gas stations and vehicle maintenance facilities. The term "HPLA" shall have the same meaning as "high pollutant loading area."

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.

IN LIEU CONTRIBUTION: Shall mean a monetary fee collected by Upper Township in lieu of requiring strict on-site compliance with the groundwater recharge, stormwater runoff quantity and/or stormwater runoff quality standards established in this subsection.

INFILTRATION: Shall mean the process by which precipitation enters the soil through its surface.

INSTALL: Shall mean to assemble, construct, put in place or connect components of a stormwater management system.

MITIGATION: Shall mean acts necessary to prevent, limit, remedy or compensate for conditions that may result from those cases where an applicant has demonstrated the inability or impracticality of strict compliance with the stormwater management requirements set forth in N.J.A.C. 7:8, in an adopted regional stormwater management plan, or in a local ordinance which is as protective as N.J.A.C. 7:8, and an exception from strict compliance is granted by Upper Township and the Pinelands Commission.

NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES MANUAL: Shall mean guidance developed by the New Jersey Department of Environmental Protection, in coordination with the New Jersey Department of Agriculture, the New Jersey Department of Community Affairs, the New Jersey Department of Transportation, municipal engineers, county engineers, consulting firms, contractors, and environmental organizations to address the standards in the New Jersey Stormwater Management Rules, N.J.A.C. 7:8. The BMP manual provides examples of ways to meet the standards contained in the rule. An applicant may demonstrate that other proposed management practices will also achieve the standards established in the rules. The manual, and notices regarding future versions of the manual, are available from the Division of Watershed Management, NJDEP, PO Box 418, Trenton, New Jersey 08625; and on the NJDEP's website, www.njstormwater.org. The term "New Jersey BMP Manual" shall have the same meaning as "New Jersey Stormwater Best Management Practices Manual."

NJDEP: Shall mean the New Jersey Department of Environmental Protection.

NJPDES: Shall mean the New Jersey Pollutant Discharge Elimination System as set forth in N.J.S.A. 58:10A-1 et seq. and in N.J.A.C. 7:14A.

NJPDES PERMIT: Shall mean a permit issued by the NJDEP pursuant to the authority of the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., and N.J.A.C. 7:14A for a discharge of pollutants.

NONPOINT SOURCE: Shall mean:

NONSTRUCTURAL BMP: Shall mean a stormwater management measure, strategy or combination of strategies that reduces adverse stormwater runoff impacts through sound site planning and design. Nonstructural BMPs include such practices as minimizing site disturbance, preserving important site features, reducing and disconnecting impervious cover, flattening slopes, utilizing native vegetation, minimizing turf grass lawns, maintaining natural drainage features and characteristics and controlling stormwater runoff and pollutants closer to the source. The term "Low Impact Development technique" shall have the same meaning as "nonstructural BMP."

NUTRIENT: Shall mean a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERMEABILITY: Shall mean the rate at which water moves through a saturated unit area of soil or rock material at hydraulic gradient of one, determined as prescribed in N.J.A.C. 7:9A-6.2 (Tube Permeameter Test), N.J.A.C. 6.5 (Pit Bailing Test) or N.J.A.C. 6.6 (Piezometer Test). Alternative permeability test procedures may be accepted by the approving authority provided the test procedure attains saturation of surrounding soils, accounts for hydraulic head effects on infiltration rates, provides a permeability rate with units expressed in inches per hour and is accompanied by a published source reference. Examples of suitable sources include hydrogeology, geotechnical, or engineering text and design manuals, proceedings of American Society for Testing and Materials (ASTM) symposia, or peer-review journals. Neither a Soil Permeability Class Rating Test, as described in N.J.A.C. 7:9A-6.3, nor a Percolation Test, as described in N.J.A.C. 7:9A-6.4, are acceptable tests for establishing permeability values for the purpose of complying with this subsection.

PERMEABLE: Shall mean having a permeability of one inch per hour or faster. The terms "permeable soil," "permeable rock" and "permeable fill" shall be construed accordingly.

PERSON: Shall mean any individual, corporation, company, partnership, firm, association, municipality 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.

PINELANDS CMP: Shall mean the New Jersey Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-1.1 et seq).

PINELANDS COMMISSION OR COMMISSION: Shall mean the Commission created pursuant Section 5 of the Pinelands Protection Act, N.J.S.A. 13:18A-5.

POINT SOURCE: Shall mean any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel, or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

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 substances (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, suspended solids, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

PROFESSIONAL ENGINEER: Shall mean a person licensed to practice professional engineering in the State of New Jersey pursuant to N.J.S.A. 48:8-27 et seq.

RECHARGE: Shall mean the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

REPLICATE: Shall mean one of two or more soil samples or tests taken at the same location (within five feet of each other) and depth, within the same soil horizon or substratum. In the case of fill material, replicate tests are tests performed on sub-samples of the same bulk sample packed to the same bulk density.

SAND: Shall mean a particle size category consisting of mineral particles which are between 0.05 and 2.0 millimeters in equivalent spherical diameter. Also, a soil textural class having 85% or more of sand and a content of silt and clay such that the percentage of silt plus 1.5 times the percentage of clay does not exceed 15, as shown in USDA Soil Textural Triangle.

SEASONALLY HIGH WATER TABLE: Shall mean the upper limit of the shallowest zone of saturation which occurs in the soil, identified as prescribed in N.J.A.C. 7:9A-5.8.

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 which is not a rock substratum, including sediments below the biologically active and/or weathered zones.

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; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.

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 INFILTRATION BMP: Shall mean a basin or other facility constructed within permeable soils that provides temporary storage of stormwater runoff. An infiltration BMP does not normally have a structural outlet to discharge runoff from the stormwater quality design storm. Instead, outflow from an infiltration BMP is through the surrounding soil. The terms "infiltration measure" and "infiltration practice" shall have the same meaning as "stormwater infiltration basin."

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. This includes, but is not limited to, structural and nonstructural stormwater Best Management Practices described in the New Jersey BMP Manual and designed to meet the standards for stormwater control contained within this subsection. The terms "stormwater Best Management Practice" and "stormwater BMP" shall have the same meaning as "stormwater management measure."

STORMWATER RUNOFF: Shall mean water flow on the surface of the ground or in storm sewers, resulting from precipitation.

SUITABLE SOIL: Shall mean unsaturated soil, above the seasonally high water table, which contains less than 50% by volume of coarse fragments and which has a tested permeability rate of between one and 20 inches per hour.

SURFACE WATER: Shall mean any waters of the State which are not groundwater.

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.

TIME OF CONCENTRATION: Shall mean the time it takes for runoff to travel from the hydraulically most distant point of the drainage area to the point of interest within a watershed.

TOTAL SUSPENDED SOLIDS: Shall mean the insoluble solid matter suspended in water and stormwater that is separable by laboratory filtration in accordance with the procedure contained in the "Standard Methods for the Examination of Water and Wastewater" prepared and published jointly by the American Public Health Association, American Water Works Association and the Water Pollution Control Federation. The term "TSS" shall have the same meaning as "total suspended solids."

UPPER TOWNSHIP: Shall mean the Planning Board, Zoning Board of Adjustment or other board, agency or official of Upper Township with authority to approve or disapprove subdivisions, site plans, construction permits, building permits or other applications for development approval. For the purposes of reviewing development applications and ensuring compliance with the requirements of this subsection, Upper Township may designate the Municipal Engineer or other qualified designee to act on behalf of Upper Township.

WATER TABLE: Shall mean the upper surface of a zone of saturation.

WATERS OF THE STATE: Shall mean the ocean and its estuaries, all springs, streams and bodies of surface and groundwater, whether natural or artificial, within the boundaries of New Jersey or subject to its jurisdiction.

WELL: Shall mean a bored, drilled or driven shaft, or a dug hole, which extends below the seasonally high water table and which has a depth which is greater than its largest surface dimension.

WET POND: Shall mean a stormwater facility constructed through filling and/or excavation that provides both permanent and temporary storage of stormwater runoff. It has an outlet structure that creates a permanent pool and detains and attenuates runoff inflows and promotes the settling of pollutants. A stormwater retention basin can also be designed as a multi-stage facility that also provides extended detention for enhanced stormwater quality design storm treatment and runoff storage and attenuation for stormwater quantity management. The term "stormwater retention basin" shall have the same meaning as "wet pond."

WETLANDS: Shall mean those lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. Wetlands include lands with poorly drained or very poorly drained soils as designated by the National Cooperative Soils Survey of the Soil Conservation Service of the United States Department of Agriculture. Wetlands include coastal wetlands and inland wetlands, including submerged lands. The "New Jersey Pinelands Commission Manual for Identifying and Delineating Pinelands Area Wetlands: A Pinelands Supplement to the Federal Manual for Identifying and Delineating Jurisdictional Wetlands," dated January, 1991, as amended, may be utilized in delineating the extent of wetlands based on the definitions of wetlands and wetlands soils contained in this subsection, N.J.A.C. 7:50-2.11, 6.4 and 6.5. The term "wetland" shall have the same meaning as "wetlands."

Compatibility with Other Permit and Ordinance Requirements.

Development approvals issued for subdivisions and site plans pursuant to this subsection are to be considered an integral part of development approvals under the subdivision and site plan review process and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable ordinance, code, rule, regulation, statute, act or other provision of law.

In their interpretation and application, the provisions of this subsection shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This subsection is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this subsection imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive or stringent provisions or higher standards shall control.

In the event that a regional stormwater management plan(s) is prepared and formally adopted pursuant to N.J.A.C. 7:8-1.1 et seq. for any drainage area(s) or watershed(s) of which Upper Township is a part, the stormwater provisions of such a plan(s) shall be adopted by Upper Township within one year of the adoption of a Regional Stormwater Management Plan (RSWMP) as an amendment to an Areawide Water Quality Management Plan. Local ordinances proposed to implement the RSWMP shall be submitted to the Commission for certification within six months of the adoption of the RSWMP per N.J.A.C. 7:8 and the Pinelands CMP (N.J.A.C. 7:50).

Submission of Site Development Stormwater Plan.

Whenever an applicant seeks municipal approval of a site development that is subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection 19-7.7i below as part of the applicant's application for subdivision or site plan approval. These required components are in addition to any other information required under any provisions of Upper Township's land use ordinance or by the Pinelands Commission pursuant to N.J.A.C. 7:50-1.1 et seq.

The applicant shall demonstrate that the site development project meets the standards set forth in this subsection.

The applicant shall submit two copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection 19-7.7i below.

Site Development Stormwater Plan Approval.

The applicant's site development stormwater plan shall be reviewed as a part of the subdivision or site plan review process by the municipal board or official from whom municipal approval is sought. That municipal board or official shall consult the engineer retained by the Planning and/or Zoning Board (as appropriate) to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this subsection.

Checklist Requirements. Any application for approval of a major development shall include at least the following information. All required engineering plans shall be submitted to the Upper Township and the Pinelands Commission in CAD Format 15 or higher, registered and rectified to NJ State Plane Feet NAD 83 or Shape Format NJ State Plan Feet NAD 83, and all other documents shall be submitted in both paper and commonly used electronic file formats such as pdf., word processing, database or spreadsheet files.

Topographic Base Map. The applicant shall submit a topographic base map of the site which extends a minimum of 300 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing one foot contour intervals. The map shall indicate the following: existing surface water drainage, shorelines, steep slopes, soils, highly erodible soils, perennial or intermittent streams that drain into or upstream of any Category One or Pinelands Waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing surface and subsurface human-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown. Upper Township or the Pinelands Commission may require upstream tributary drainage system information as necessary.

Environmental Site Analysis. The applicant shall submit a written description along with the drawings of the natural and human-made features of the site and its environs. This description should include:

(a)

A discussion of environmentally critical areas, 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 for or constraints on development; and

(b)

Detailed soil and other environmental conditions on the portion of the site proposed for installation of any stormwater BMPs, including, at a minimum: soils report based on on-site soil tests; locations and spot elevations in plan view of test pits and permeability tests; permeability test data and calculations; and any other required soil data (e.g., mounding analyses results) correlated with location and elevation of each test site; cross-section of proposed stormwater BMP with side-by-side depiction of soil profile drawn to scale and seasonal high water table elevation identified; and any other information necessary to demonstrate the suitability of the specific proposed structural and nonstructural stormwater management measures relative to the environmental conditions on the portion(s) of the site proposed for implementation of those measures.

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

Land Use Planning and Source Control Plan.

(a)

The applicant shall submit a detailed Land Use Planning and Source Control Plan which provides a description of how the site will be developed to meet the erosion control, groundwater recharge and stormwater runoff quantity and quality standards at Subsection 19-7.7n through q through use of nonstructural or low impact development techniques and source controls to the maximum extent practicable before relying on structural BMPs. The Land Use Planning and Source Control Plan shall include a detailed narrative and associated illustrative maps and/or plans that specifically address how each of the following nine nonstructural strategies identified in Subchapter 5 of the NJDEP Stormwater Management Rules (N.J.A.C. 7:8-5) and set forth below (paragraphs 4(a)(1) through (9)) will be implemented to the maximum extent practicable to meet the standards in paragraphs m through q of this subsection on the site. If one or more of the nine nonstructural strategies will not be implemented on the site, the applicant shall provide a detailed rationale establishing a basis for the contention that use of the strategy is not practicable on the site.

(1)

Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;

(2)

Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces;

(3)

Maximize the protection of natural drainage features and vegetation;

(4)

Minimize the decrease in the predevelopment "time of concentration";

(5)

Minimize land disturbance including clearing and grading;

(6)

Minimize soil compaction and all other soil disturbance;

(7)

Provide low-maintenance landscaping that provides for the retention and planting of native plants and minimizes the use of lawns, fertilizers and pesticides, in accordance with N.J.A.C. 7:50-6.24;

(8)

Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas; and

(9)

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 shall include, but are not limited to:

[a]

Site design features that help to prevent accumulation of trash and debris in drainage systems;

[b]

Site design features that help to prevent discharge of trash and debris from drainage systems;

[c]

Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and

[d]

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, when establishing vegetation after land disturbance.

(b)

For sites where stormwater will be generated from "high pollutant loading areas" or where stormwater will be exposed to "source material," as defined in this subsection, the applicant shall also demonstrate in the Land Use Planning and Source Control Plan that the requirements of Subsection 19-7.7 m through q have been met.

(c)

The use of nonstructural strategies to meet the performance standards in Subsection 19-7.7m through q is not required for development sites creating less than one acre of disturbance. However, each application for major development and any other application where Upper Township otherwise requires a landscaping plan shall contain a landscaping or revegetation plan in accordance with the CMP standards at N.J.A.C. 7:50-6.24(c). In addition, the applicant shall demonstrate that, at a minimum, existing trees and vegetation on the development site will be preserved and protected according to the minimum standards established by provisions of the Upper Township Land Use Ordinance, Zoning Ordinance or by conditions of zoning or variance approval.

Stormwater Management Facilities Map. The applicant shall submit a map, at the same scale as the topographic base map, depicting the following information:

(a)

The total area to be disturbed, paved and/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 manage and dispose of stormwater; and

(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 (if applicable) and emergency spillway provisions with maximum discharge capacity of each spillway.

Calculations (groundwater recharge and stormwater runoff rate, volume and quality). The applicant shall submit comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection 19-7.7j through l. The standards for groundwater recharge and stormwater runoff rate, volume and quality required by Subsection 19-7.7m through q shall be met using the methods, calculations and assumptions provided in Subsection 19-7.7j thru l.

In complying with the nonstructural strategy requirements in Subsection 19-7.7i4(a), the design engineer shall submit the Nonstructural Strategies Point System spreadsheet which is available in the New Jersey Department of Environmental Protection website at http://www.njstormwater.org. and shall submit the Low Impact Development Checklist available in the New Jersey BMP Manual, Appendix A, at http://www.njstormwater.org/tier_A/pdf/NJ_SWBM P_A.pdf.

Inspection, Maintenance and Repair Plan. The applicant shall submit a detailed plan describing how the proposed stormwater management measure(s) shall meet the maintenance and repair requirements of Subsection 19-7.7x. Said plan shall include, at a minimum, the following elements:

(a)

The frequency with which inspections will be made;

(b)

The specific maintenance tasks and requirements for each proposed structural and nonstructural BMP;

(c)

The name, address and telephone number for the entity responsible for implementation of the maintenance plan;

(d)

The reporting requirements; and

(e)

Copies of the inspection and maintenance reporting sheets.

Exception from Submission Requirements. An exception may be granted from submission of any of these required components (except Subsection 8 above, Inspection, Maintenance, and Repair Plan) if its absence will not materially affect the review process. However, items required pursuant to the application requirements in the Pinelands CMP (N.J.A.C. 7:50-4.2(b)) shall be submitted to the NJ Pinelands Commission unless the Executive Director waives or modifies the application requirements.

Method of Calculating Stormwater Runoff Rate and Volume.

In complying with the Stormwater Runoff Quantity and Rate Standards in Subsection 19-7.7n, the design engineer shall calculate the stormwater runoff rate and volume using the USDA Natural Resources Conservation Service (NRCS) Runoff Equation, Runoff Curve Numbers, and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook Part 630 - Hydrology and Technical Release 55 - Urban Hydrology for Small Watersheds as amended and supplemented.

In calculating stormwater runoff using the NRCS methodology, the design engineer shall separately calculate and then combine the runoff volumes from pervious and directly connected impervious surfaces within a drainage area.

Calculation of stormwater runoff from unconnected impervious surfaces shall be based, as applicable, upon the Two-Step method described in the current New Jersey Stormwater Best Management Practices Manual or the NRCS methodology.

In calculating stormwater runoff using the NRCS methodology, the design engineer shall use appropriate twenty-four-hour rainfall depths as developed for the project site by the National Oceanic and Atmospheric Administration, available online at http://hdsc.nws.noaa.gov/hdsc/pfds/index.html.

When calculating stormwater runoff for predeveloped site conditions, the design engineer shall use the following criteria:

(a)

When selecting or calculating Runoff Curve Numbers (CNs) for predeveloped project site conditions, the project site's land cover shall be assumed to be woods in good condition. However, another land cover may be used to calculate runoff coefficients if:

(1)

Such land cover has existed at the site or portion thereof without interruption for at least five years immediately prior to the time of application; and

(2)

The design engineer can document the character and extent of such land cover through the use of photographs, affidavits, and/or other acceptable land use records.

(b)

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.

(c)

All predeveloped land covers shall be assumed to be in good hydrologic condition and, if cultivated, shall be assumed to have conservation treatment.

(d)

In calculating predeveloped site stormwater runoff, the design engineer shall include the effects of all land features and structures, such as ponds, wetlands, depressions, hedgerows, and culverts, which affect predeveloped site stormwater runoff rates and/or volumes.

(e)

Where tailwater will affect the hydraulic performance of a stormwater management measure, the design engineer shall include such effects in the measure's design.

Method of Calculating Stormwater Runoff Quality.

In complying with the Stormwater Runoff Quality Standards in Subsection 19-7.7q, the design engineer shall calculate the stormwater runoff rate and volume using the USDA Natural Resources Conservation Service (NRCS) Runoff Equation, Runoff Curve Numbers, and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook Part 630 - Hydrology and Technical Release 55 - Urban Hydrology for Small Watersheds, as amended and supplemented.

The design engineer shall also use the NJDEP Water Quality Design Storm, which is 1.25 inches of rainfall falling in a nonlinear pattern in two hours. Details of the Water Quality Design Storm are shown in N.J.A.C. 7:8-5.5(a) Table 1.

Calculation of runoff volumes, peak rates, and hydrographs for the Water Quality Design Storm may take into account the implementation of nonstructural and structural stormwater management measures.

Total Suspended Solids (TSS) Reduction Calculations.

(a)

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

R = A + B - (A x B)/100,

Where:
R	=	total TSS percent load removal from application of both BMPs;
A	=	the TSS percent removal rate applicable to the first BMP; and
B	=	the TSS percent removal rate applicable to the second BMP.

(b)

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.

TSS Removal Rates for Stormwater BMPs.

(a)

For purposes of TSS reduction calculations, N.J.A.C. 7:8-5.5(c) presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey BMP Manual. The BMP Manual may be obtained from the NJDEP's website at www.njstormwater.org. TSS reduction shall be calculated based on the removal rates for the BMPs in N.J.A.C. 7:8-5.5(c).

(b)

Alternative stormwater management measures, 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 Upper Township. Any alternative stormwater management measure, removal rate or method of calculating the removal rate shall be subject to approval by Upper Township and a copy shall be provided to the following:

(1)

The Division of Watershed Management, New Jersey Department of Environmental Protection, PO Box 418, Trenton, NJ, 08625-0418; and

(2)

The New Jersey Pinelands Commission, PO Box 7, New Lisbon, NJ, 08064.

Nutrient Removal Rates for Stormwater BMPs. For purposes of post-development nutrient load reduction calculations, N.J.A.C. 7:8-5.5(c) presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey BMP Manual. If alternative stormwater BMPs are proposed, the applicant shall demonstrate that the selected BMPs will achieve the nutrient removal standard required in Subsection 19-7.7q.

Methods of Calculating Groundwater Recharge.

In complying with the groundwater recharge requirements in Subsection 19-7.7o1(a), the design engineer may calculate groundwater recharge in accordance with The New Jersey Geological Survey Report GSR-32: A Method for Evaluating Ground-Water Recharge Areas in New Jersey. Available at http://www.njgeology.org/geodata/dgs99-2.htm. or The New Jersey Groundwater Recharge Spreadsheet (NJGRS). Available in the New Jersey BMP Manual, Chapter 6, at http://www.njstormwater.org/bmp_manual2.htm.

Alternative groundwater recharge calculation methods to meet these requirements may be used upon approval by the municipal engineer.

In complying with the groundwater recharge requirements in Subsection 19-7.7o1(b), the design engineer shall:

(a)

Calculate stormwater runoff volumes in accordance with the USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Runoff Curve Numbers, as described in the NRCS National Engineering Handbook Part 630 - Hydrology and Technical Release 55 - Urban Hydrology for Small Watersheds as amended and supplemented; and

(b)

Use appropriate two-year, twenty-four-hour rainfall depths as developed for the project site by the National Oceanic and Atmospheric Administration, available online at http://hdsc.nws.noaa.gov/hdsc/pfds/index.html.

When calculating groundwater recharge or stormwater runoff for predeveloped site conditions, the design engineer shall use the following criteria:

(a)

When selecting land covers or calculating Runoff Curve Numbers (CNs) for pre-developed project site conditions, the project site's land cover shall be assumed to be woods. However, another land cover may be used to calculate runoff coefficients if:

(1)

Such land cover has existed at the site or portion thereof without interruption for at least five years immediately prior to the time of application; and

(2)

The design engineer can document the character and extent of such land cover through the use of photographs, affidavits, and/or other acceptable land use records.

(b)

If more than one land cover, other than woods, has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential (including woods) shall be used for the computations.

(c)

All predeveloped land covers shall be assumed to be in good hydrologic condition and, if cultivated, shall be assumed to have conservation treatment.

Nonstructural Stormwater Management Strategies.

To the maximum extent practicable, the performance standards in Subsection 19-7.7m through q for major development shall be met by incorporating the nine nonstructural strategies identified in Subchapter 5 of the NJ Stormwater Management Rules (N.J.A.C. 7:8-5), and set forth in Subsection 19-7.7i4(a), into the design. The applicant shall identify within the Land Use Planning and Source Control Plan required by Subsection 19-7.7i4 how each of the nine nonstructural measures will be incorporated into the design of the project to the maximum extent practicable.

If the applicant contends that it is not practical for engineering, environmental or safety reasons to incorporate any of the nine nonstructural strategies into the design of a particular project, the applicant shall provide a detailed rationale establishing a basis for the contention that use of the strategy is not practical on the site. This rationale shall be submitted in accordance with the Checklist Requirements established by Subsection 19-7.7i4(a) and 7 to Upper Township. A determination by Upper Township that this rationale is inadequate or without merit shall result in a denial of the application unless one of the following conditions are met:

(a)

The Land Use Planning and Source Control Plan is amended to include a description of how all nine nonstructural measures will be implemented on the development site, and the amended Plan is approved by Upper Township;

(b)

The Land Use Planning and Source Control Plan is amended to provide an alternative nonstructural strategy or measure that is not included in the list of nine nonstructural measures, but still meets the performance standards in Subsection 19-7.7n through q, and the amended Plan is approved by Upper Township; or

(c)

The Land Use Planning and Source Control Plan is amended to provide an adequate rationale for the contention that use of the particular strategy is not practical on the site, and the amended Plan is approved by Upper Township.

In addition to all other requirements of this subsection, each applicant shall demonstrate that, at a minimum, existing trees and vegetation on the development site will be preserved, protected and maintained according to the minimum standards established by provisions of the Upper Township Land Use Ordinance, Zoning Ordinance or by conditions of zoning or variance approval. Existing trees and vegetation shall be protected during construction activities in accordance with the "Standard for Tree Protection During Construction" provided in the NJ State Soil Conservation Committee Standards for Soil Erosion and Sediment Control in New Jersey, which is incorporated herein by reference as amended and supplemented.

In addition to all other requirements of this subsection, each application for major development, and any other application where Upper Township otherwise requires a landscaping plan, shall contain a landscaping or revegetation plan in accordance with the Pinelands CMP standards at N.J.A.C. 7:50-6.24(c).

Any land area used as a nonstructural stormwater management measure to meet the performance standards in Subsection 19-7.7n through q shall be dedicated to a government entity; shall be subjected to a conservation easement filed with the appropriate County Clerk's office; or shall be subjected to an equivalent form of restriction approved by Upper Township that ensures that that measure, or equivalent stormwater management measure is maintained in perpetuity, as detailed in Subsection 19-7.7n through q.

Guidance for nonstructural stormwater management strategies is available in the New Jersey BMP Manual, which may be obtained from the NJDEP's website at www.njstormwater.org.

Exception for major development sites creating less than one acre of disturbance. The use of nonstructural strategies to meet the performance standards in Subsection 19-7.7n through q is not required for major development creating less than one acre of disturbance. However, the following requirements shall be met:

(a)

Each application for major development and any other application where Upper Township otherwise requires a landscaping plan shall contain a landscaping or revegetation plan prepared in accordance with the Pinelands CMP standards (N.J.A.C. 7:50-6.24(c));

(b)

Each applicant shall demonstrate that, at a minimum, existing trees and vegetation on the development site will be preserved and protected according to the minimum standards established by provisions of the Upper Township Land Use Ordinance, Zoning Ordinance or by conditions of zoning or variance approval; and

(c)

Existing trees and vegetation shall be protected during construction activities in accordance with the "Standard for Tree Protection During Construction" provided in the NJ State Soil Conservation Committee Standards for Soil Erosion and Sediment Control in New Jersey, which is incorporated herein by reference as amended and supplemented.

Stormwater Runoff Quantity and Rate Standards.

There shall be no direct discharge of stormwater runoff from any point or nonpoint source to any wetland, wetlands transition area or surface waterbody. In addition, stormwater runoff shall not be directed in such a way as to increase the volume and/or rate of discharge into any surface waterbody from that which existed prior to development of the site. To the maximum extent practical, there shall be no direct discharge of stormwater runoff onto farm fields so as to protect farm crops from damage due to flooding, erosion and long-term saturation of cultivated crops and cropland.

For all major developments, the total runoff volume generated from the net increase in impervious surfaces by a ten-year, twenty-four-hour storm shall be retained and infiltrated on site.

In addition, the design engineer, using the assumptions and factors for stormwater runoff and groundwater recharge calculations contained in Subsection 19-7.7j through l, shall either:

(a)

Demonstrate through hydrologic and hydraulic analysis that the post-developed stormwater runoff hydrographs from the project site for the two-, ten-, and 100-year storms do not exceed, at any point in time, the site's predeveloped runoff hydrographs for the same storms;

(b)

Demonstrate through hydrologic and hydraulic analysis that under post-developed site conditions:

(1)

There is no increase in predeveloped stormwater runoff rates from the project site for the two- ten-, and 100-year storms; and

(2)

Any increased stormwater runoff volume or change in stormwater runoff timing for the two-, ten- and one[??] 100-year storms will not increase flood damage at or downstream of the project site. When performing this analysis for pre-developed site conditions, all off-site development levels shall reflect existing conditions. When performing this analysis for post-developed site conditions, all off-site development levels shall reflect full development in accordance with current zoning and land use ordinances; or

(c)

Demonstrate that the peak post-developed stormwater runoff rates from the project site for the two-, ten-, and 100-year storms are 50%, 75% and 80%), respectively, of the site's peak pre-developed stormwater runoff rates for the same storms. Peak outflow rates from on-site stormwater measures for these storms shall be adjusted where necessary to account for the discharge of increased stormwater runoff rates and/or volumes from project site areas not controlled by the on-site measures. These percentages do not have to be applied to those portions of the project site that are not proposed for development at the time of application, provided that such areas are:

(1)

Protected from future development by imposition of a conservation easement, deed restriction, or other acceptable legal measures; or

(2)

Would be subject to review under these standards if they are proposed for any degree of development in the future.

In tidal flood hazard areas, a stormwater runoff quantity analysis in accordance with paragraphs (a), (b), and (c) above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.

The standards for stormwater runoff quantity and rate required by this subsection shall be met using the methods, calculations and assumptions provided in Subsection 19-7.7j through l.

Groundwater Recharge Standards.

For all major developments, with the exception of those described in Subsection o4, below, the design engineer, using the assumptions and factors for stormwater runoff and groundwater recharge calculations contained in Subsection 19-7.7j through l, shall either:

(a)

Demonstrate through hydrologic and hydraulic analysis that the post-developed project site maintains 100% of the site's predeveloped average annual groundwater recharge volume; or

(b)

Demonstrate through hydrologic and hydraulic analysis that any increase in the project site's stormwater runoff volume for the two-year, twenty-four-hour storm from predeveloped to post-developed conditions is infiltrated on site.

The design engineer shall assess the hydraulic impact on the groundwater table and design the project site and all site groundwater recharge measures so as to avoid adverse hydraulic impacts. Adverse hydraulic impacts include, but are not limited to: raising the groundwater table so as to cause surface ponding; flooding of basements and other subsurface structures and areas; preventing a stormwater infiltration basin from completely draining via infiltration within 72 hours of a design storm event; and interference with the proper operation of subsurface sewage disposal systems and other surface and subsurface facilities in the vicinity of the groundwater recharge measure.

The standards for groundwater recharge required by this section shall be met using the methods, calculations and assumptions provided in Subsection 19-7.7l.

Exceptions.

(a)

The preceding groundwater recharge standards shall not apply to sites that create less than one acre of disturbance.

Erosion Control Standards. 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 its implementing regulations, N.J.A.C. 2:90-1.1 through 1.4.

Stormwater Runoff Quality Standards.

There shall be no direct discharge of stormwater runoff from any point or nonpoint source to any wetland, wetland transition area or surface waterbody.

Stormwater management measures shall be designed to reduce the total suspended solids (TSS) load in the stormwater runoff from the post-developed site by 80% expressed as an annual average.

Stormwater management measures shall also be designed to reduce the nutrient load in the stormwater runoff from the post-developed site by the maximum extent practicable. In achieving this reduction, the design of the development site shall include nonstructural and structural stormwater management measures that optimize nutrient removal while still achieving the groundwater recharge, runoff quantity and rate, and TSS removal standards in this section.

The standards for stormwater runoff quality required by this section shall be met using the methods, calculations, assumptions and pollutant removal rates provided in Subsection 19-7.7k.

Exceptions.

(a)

The preceding stormwater runoff quality standards shall not apply to the following major development sites:

(1)

Major development sites where less than 0.25 acre of additional impervious surface is proposed; or

(2)

Major residential development sites that create less than one acre of disturbance.

(b)

The TSS reduction requirement in Subsection 19-7.7q2 shall not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the NJPDES rules (N.J.A.C. 7:14A) or in a discharge specifically exempt under a NJPDES permit from this requirement.

(c)

The stormwater runoff quantity and rate standards in Subsection 19-7.7n shall still be met for all major development sites.

Additional Stormwater Quality Standards for High Pollutant Loading Areas and Areas Where Stormwater Runoff is Exposed to Source Material.

This subsection applies to the following areas of a major development as defined in this subsection:

(a)

High pollutant loading areas (HPLAs); and

(b)

Areas where stormwater is exposed to "source material."

For a major development in areas described in paragraphs 1(a) or 1(b) above, in addition to the infiltration requirements specified in Subsection 19-7.7u and the groundwater recharge requirements specified in Subsection 19-7.7o, the applicant shall demonstrate in the Land Use Planning and Source Control Plan required in Subsection 19-7.7i4 that the following requirements have been met:

(a)

The extent of the areas described in paragraphs 1(a) and 1(b) above have been minimized on the development site to the maximum extent practicable;

(b)

The stormwater runoff from the areas described in paragraphs 1(a) and 1(b) above is segregated to the maximum extent practicable from the stormwater runoff generated from the remainder of the site such that co-mingling of the stormwater runoff from the areas described in paragraphs 1(a) and 1(b) above and the remainder of the site will be minimized;

(c)

The amount of precipitation falling directly on the areas described in paragraphs 1(a) and 1(b) above is minimized to the maximum extent practicable by means of a canopy, roof or other similar structure that reduces the generation of stormwater runoff; and

(d)

The stormwater runoff from or co-mingled with the areas described in paragraphs 1(a) and 1(b) above for the Water Quality Design Storm, defined in N.J.A.C. 7:8-5.5(a) shall be subject to pretreatment by one or more of the following stormwater BMPs, designed in accordance with the New Jersey BMP Manual to provide 90% TSS removal:

(1)

Bioretention system;

(2)

Sand filter;

(3)

Wet pond with minimum 80% TSS removal rate;

(4)

Constructed stormwater wetlands; and/or

(5)

Media filtration system manufactured treatment device with a minimum 80% TSS removal as verified by the New Jersey Corporation for Advanced Technology and as certified by NJDEP.

(e)

If the potential for contamination of stormwater runoff by petroleum products exists on site, prior to being conveyed to the pretreatment BMP required in Subsection 2(d) above, the stormwater runoff from the areas described in paragraphs 1(a) and 1(b) above shall be conveyed through an oil/grease separator or other equivalent manufactured filtering device to remove the petroleum hydrocarbons. The applicant shall provide the reviewing agency with sufficient data to demonstrate acceptable performance of the device.

Threatened and Endangered Species and Associated Habitat Standards. Stormwater management measures shall address the impacts of the development on habitat for threatened and endangered species, in accordance with N.J.A.C. 7:8-5.2(c), N.J.A.C. 7:50-6.27, and 7:50-6.33 and 34.

Exceptions and Mitigation Requirements.

Exceptions from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements established by this subsection may be granted, at the discretion of the Upper Township, and subject to approval by the Pinelands Commission, provided that all of the following conditions are met:

(a)

The exception is consistent with that allowed by Upper Township;

(b)

Upper Township has an adopted and effective municipal stormwater management plan in accordance with N.J.A.C. 7:8-4.4, which includes a mitigation plan in accordance with N.J.A.C. 7:8-4.2(c)11, and is also certified by the Pinelands Commission. The mitigation plan shall identify what measures are necessary to offset the deficit created by granting the exception and the municipality shall submit a written report to the County review agency and the NJDEP describing the exception and the required mitigation.

(c)

The applicant demonstrates that mitigation, in addition to the requirements of mitigation plan discussed in Subsection (b) above, will be provided consistent with one of the following options:

(1)

Mitigation may be provided off-site, but within the Pinelands Area and within the same drainage area as the development site, and shall meet or exceed the equivalent recharge, quality or quantity performance standard which is lacking on the development site due to the exception; or

(2)

In lieu of the required mitigation, a monetary "in lieu contribution" may be provided by the applicant to Upper Township in accordance with the following:

[a]

The amount of the in lieu contribution shall be determined by Upper Township, but the maximum in lieu contribution required shall be equivalent to the cost of implementing and maintaining the stormwater management measure(s) for which the exception is granted;

[b]

The in lieu contribution shall be used to fund an off-site stormwater control mitigation project(s) located within the Pinelands Area, within the same drainage area as the development site, and shall meet or exceed the equivalent recharge, quality or quantity performance standards which is lacking on the development site. Such mitigation project shall be identified by Upper Township in Upper Township's adopted municipal stormwater management plan. The stormwater control project to which the monetary contribution will be applied shall be identified by Upper Township at the time the exception is granted. The applicant shall amend the project description and site plan required in Subsection 19-7.7i3 to incorporate a description of both the standards for which an on-site exception is being granted and of the selected off-site mitigation project.

[c]

Upper Township shall expend the in lieu contribution to implement the selected off-site mitigation project within five years from the date that payment is received. Should Upper Township fail to expend the in lieu contribution within the required timeframe, the mitigation option provided in Subsection 19-7.7t1(c)(2) of this subsection shall be void and Upper Township shall be prohibited from collecting in lieu contributions.

An exception from strict compliance granted in accordance with Subsection t1 above shall not constitute a waiver of strict compliance from the requirements of the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50. An applicant should contact the Pinelands Commission to determine whether a waiver of strict compliance is also required in accordance with N.J.A.C. 7:50, Subchapter 4, Part V.

General Design and Construction Standards.

Structural stormwater management measures shall be designed to meet the standards established in this subsection. These standards have been developed to protect public safety, conserve natural features, create an aesthetically pleasing site and promote proper on-site stormwater management.

The following structural stormwater management measures may be utilized as part of a stormwater management system at a major land development; provided that the applicant demonstrates that they are designed, constructed and maintained so as to meet the standards and requirements established by this subsection. If alternative stormwater management measures are proposed, the applicant shall demonstrate that the selected measures will achieve the standards established by this subsection.

(a)

Bioretention systems;

(b)

Constructed stormwater wetlands;

(c)

Extended detention basins;

(d)

Infiltration basins;

(e)

Vegetated filter strips;

(f)

Infiltration basins and trenches;

(g)

Wet ponds with suitable liners;

(h)

Pervious paving systems; and

(i)

Manufactured treatment devices, provided their pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the NJDEP.

Structural stormwater management measures shall be designed to take into account the existing site conditions, including environmentally critical areas, wetlands, flood-prone areas, slopes, depth to seasonal high water table, soil type, permeability and texture, and drainage area and drainage patterns.

Structural stormwater management measures shall be designed and constructed 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 7.8 shall be deemed to meet this requirement); to minimize and facilitate maintenance and repairs; and to ensure proper functioning.

For all stormwater management measures at a development site, each applicant shall submit a detailed Inspection, Maintenance and Repair Plan consistent with the requirements of Subsection 19-7x.

To the maximum extent practicable, the design engineer shall design structural stormwater management measures on the development site in a manner that:

(a)

Limits site disturbance, maximizes stormwater management efficiencies, and maintains or improves aesthetic conditions;

(b)

Utilizes multiple stormwater management measures, smaller in size and distributed spatially throughout the land development site, instead of a single larger structural stormwater management measure;

(c)

Incorporates pretreatment measures. Pretreatment can extend the functional life and increase the pollutant removal capability of a structural stormwater management measure. Pretreatment measures may be designed in accordance with the New Jersey BMP Manual or other sources approved by the municipal engineer.

Stormwater management basins shall be designed in a manner that complements and mimics the existing natural landscape, including but not limited to the following design strategies:

(a)

Use of natural, non-wetland wooded depressions for stormwater runoff storage; and

(b)

Establishment of attractive landscaping in and around the basin that mimics the existing vegetation and incorporates native Pinelands plants, including, but not limited to, the species listed in N.J.A.C. 7:50-6.25 and 6.26.

Stormwater management basins shall be designed with gently sloping sides. The maximum allowable basin side slope shall be three horizontal to one vertical.

Guidance on the design and construction of structural stormwater management measures may be found in the New Jersey BMP Manual. Other guidance sources may also be used upon approval by the Municipal Engineer.

10.

After all construction activities and required field testing have been completed on the development site, as-built plans depicting design and as-built elevations of all stormwater management measures shall be prepared by a licensed land surveyor and submitted to the Municipal Engineer. Based upon the Municipal Engineer's review of the as-built plans, all corrections or remedial actions deemed by the Municipal Engineer to be necessary due to the failure to comply with the standards established by this subsection and/or any reasons of public health or safety, shall be completed by the applicant. In lieu of review by the Municipal Engineer, Upper Township reserves the right to engage a professional engineer to review the as-built plans. The applicant shall pay all costs associated with such review.

11.

Collection and Conveyance.

(a)

Bicycle-safe inlet grates. Site development plans that incorporate site design features that help to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids.

(1)

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:

[a]

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

[b]

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 inch across the smallest dimension. Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.

(2)

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.

(3)

This standard does not apply:

[a]

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;

[b]

Where flows from the water quality design storm as specified in Subsection 19-7.7k are conveyed through any device (e.g., end-of-pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

[1]

A rectangular space 4 5/8 inches long and 1.5 inches wide (this option does not apply for outfall netting facilities); or

[2]

A bar screen having a bar spacing of 0.5 inch.

[c]

Where flows are conveyed through a trash rack that has parallel bars with one inch spacing between the bars, to the elevation of the water quality design storm as specified in Subsection 19-7.7k; or

[d]

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

(b)

Catch basins. Catch basins are storm drain inlets with or without sumps. Catch basins may provide pretreatment for other stormwater BMPs by capturing large sediments. The sediment and pollutant removal efficiency of catch basins depends on the size of the sump and the performance of routine maintenance to retain the available sediment storage space in the sump. Where catch basins with sumps are proposed, the minimum two feet separation between the bottom of the sump and seasonally high water table shall be provided.

(c)

Open or perforated conveyance piping. Where adequate separation to the seasonal high water table exists, stormwater from the development site may be conveyed to a stormwater basin via a system of perforated pipes. These pipes may be made of PVC or corrugated metal and are available with perforations of varying size and spacing. Perforated pipe specifications shall be certified by a professional engineer. A professional engineer shall certify that perforated conveyance piping will not act to intercept the seasonal high water table and convey groundwater to the stormwater basin. All open or perforated stormwater conveyance systems shall be installed with a minimum separation of two feet from the seasonal high water table.

Design and Construction Standards for Stormwater Infiltration BMP's.

Stormwater infiltration BMP's, such as bioretention systems with infiltration, dry wells, infiltration basins, pervious paving systems with storage beds, and sand filters with infiltration, shall be designed, constructed and maintained to completely drain the total runoff volume generated by the basin's maximum design storm within 72 hours after a storm event. Runoff storage for greater times can render the BMP ineffective and may result in anaerobic conditions; odor and both water quality and mosquito breeding problems.

Stormwater infiltration BMPs shall be designed, constructed and maintained to provide a minimum separation of at least two feet between the elevation of the lowest point of the bottom of the infiltration BMP and the seasonal high water table.

A stormwater infiltration BMP shall be sited in suitable soils verified by field testing to have permeability rates between one and 20 inches per hour. If such site soils do not exist or if the design engineer demonstrates that it is not practical for engineering, environmental or safety reasons to site the stormwater infiltration BMP(s) in such soils, then the stormwater infiltration BMP(s) may be sited in soils verified by field testing to have permeability rates in excess of 20 inches per hour, provided that a bioretention system, designed, installed and maintained in accordance with the New Jersey BMP Manual, is installed to meet one of the following conditions:

(a)

The bioretention system is constructed as a separate measure designed to provide pretreatment of stormwater and to convey the pretreated stormwater into the infiltration BMP; or

(b)

The bioretention system is integrated into and made part of the infiltration BMP and, as such, does not require an underdrain system. If this option is selected, the infiltration BMP shall be designed and constructed so that the maximum water depth in the bioretention system portion of the BMP during treatment of the stormwater quality design storm is 12 inches in accordance with the New Jersey BMP Manual.

The minimum design permeability rate for the soil within a BMP that relies on infiltration shall be 0.5 inch per hour. A factor of safety of two shall be applied to the soil's field-tested permeability rate to determine the soil's design permeability rate. For example, if the field-tested permeability rate of the soil is four inches per hour, its design permeability rate would be two inches per hour). The minimum design permeability rate for the soil within a stormwater infiltration basin shall also be sufficient to achieve the minimum seventy-two-hour drain time described in Subsection 1 above. The maximum design permeability shall be 10 inches per hour.

Methods for Assessing Soil Suitability for Infiltration Stormwater Management BMPs. The results of a subsurface investigation shall serve as the basis for the site selection and design of stormwater infiltration BMPs. The subsurface investigation shall include, but not be limited to, a series of soil test pits and soil permeability tests conducted in accordance with the following:

(a)

All soil test pits and soil permeability results shall be performed under the direct supervision of a professional engineer. All soil logs and permeability test data shall be accompanied by a certification by a professional engineer. The results and location (horizontal and vertical) of all soil test pits and soil permeability tests, both passing and failing, shall be reported to Upper Township.

(b)

During all subsurface investigations and soil test procedures, adequate safety measures shall be taken to prohibit unauthorized access to the excavations at all times. It is the responsibility of persons performing or witnessing subsurface investigations and soil permeability tests to comply with all applicable Federal, State and local laws and regulations governing occupational safety.

(c)

A minimum of two soil test pits shall be excavated within the footprint of any proposed infiltration BMP to determine the suitability and distribution of soil types present at the site. Placement of the test pits shall be within 20 feet of the basin perimeter, located along the longest axis bisecting the BMP. For BMPs larger than 10,000 square feet in area, a minimum of one additional soil test pit shall be conducted within each additional area of 10,000 square feet. The additional test pit(s) shall be placed approximately equidistant to other test pits, so as to provide adequate characterization of the subsurface material. In all cases, where soil and or groundwater properties vary significantly, additional test pits shall be excavated in order to accurately characterize the subsurface conditions below the proposed infiltration BMP. Soil test pits shall extend to a minimum depth of eight feet below the lowest elevation of the basin bottom or to a depth that is at least two times the maximum potential water depth in the proposed infiltration BMP, whichever is greater.

(d)

A soil test pit log shall be prepared for each soil test pit. The test pit log shall, at a minimum, provide the elevation of the existing ground surface, the depth and thickness (in inches) of each soil horizon or substratum, the dominant matrix or background and mottle colors using the Munsell system of classification for hue, value and chroma, the appropriate textural class as shown on the USDA textural triangle, the volume percentage of coarse fragments (larger than two millimeters in diameter), the abundance, size, and contrast of mottles, the soil structure, soil consistence, and soil moisture condition, using standard USDA classification terminology for each of these soil properties. Soil test pit logs shall identify the presence of any soil horizon, substratum or other feature that exhibits an in-place permeability rate less than one inch per hour.

(e)

Each soil test pit log shall report the depth to seasonally high water level, either perched or regional, and the static water level based upon the presence of soil mottles or other redoximorphic features, and observed seepage or saturation. Where redoximorphic features including soil mottles resulting from soil saturation are present, they shall be interpreted to represent the depth to the seasonal high water table unless soil saturation or seepage is observed at a higher level. When the determination of the seasonally high water table shall be made in ground previously disturbed by excavation, direct observation of the static water table during the months of January through April shall be the only method permitted.

(f)

Any soil horizon or substratum which exists immediately below a perched zone of saturation shall be deemed by rule to exhibit unacceptable permeability (less than one inch per hour). The perched zone of saturation may be observed directly, inferred based upon soil morphology, or confirmed by performance of a hydraulic head test as defined at N.J.A.C. 7:9A-5.9.

(g)

Stormwater infiltration BMPs shall not be installed in soils that exhibit artesian groundwater conditions. A permeability test shall be conducted in all soils that immediately underlie a perched zone of saturation. Any zone of saturation which is present below a soil horizon which exhibits an in-place permeability of less than 0.2 inches per hour shall be considered an artesian zone of saturation unless a minimum one foot thick zone of unsaturated soil, free of mottling or other redoximorphic features and possessing a chroma of four or higher, exists immediately below the unsuitable soil.

(h)

A minimum of one permeability test shall be performed at each soil test pit location. The soil permeability rate shall be determined using test methodology as prescribed in N.J.A.C. 7:9A-6.2 (Tube Permeameter Test), 6.5 (Pit Bailing Test) or 6.6 (Piezometer Test). When the tube permeameter test is used, a minimum of two replicate samples shall be taken and tested. Alternative permeability test procedures may be accepted by the approving authority provided the test procedure attains saturation of surrounding soils, accounts for hydraulic head effects on infiltration rates, provides a permeability rate with units expressed in inches per hour and is accompanied by a published source reference. Examples of suitable sources include hydrogeology, geotechnical or engineering text and design manuals, proceedings of American Society for Testing and Materials (ASTM) symposia, or peer-review journals. Neither a Soil Permeability Class Rating Test, as described in N.J.A.C. 7:9A-6.3, nor a Percolation Test, as described in N.J.A.C. 7:9A-6.4, are acceptable tests for establishing permeability values for the purpose of complying with this subsection.

(i)

Soil permeability tests shall be conducted on the most hydraulically restrictive horizon or substratum to be left in place below the basin as follows. Where no soil replacement is proposed, the permeability tests shall be conducted on the most hydraulically restrictive horizon or substratum within four feet of the lowest elevation of the basin bottom or to a depth equal to two times the maximum potential water depth within the basin, whichever is greater. Where soil replacement is proposed, the permeability tests shall be conducted within the soil immediately below the depth of proposed soil replacement or within the most hydraulically restrictive horizon or substratum to a depth equal to two times the maximum potential water depth within the basin, whichever is greater. Permeability tests may be performed on the most hydraulically restrictive soil horizons or substrata at depths greater than those identified above based upon the discretion of the design or testing engineer. The tested infiltration rate should then be divided by two to establish the soil's design permeability rate. Such division will provide a 100% safety factor to the tested rate.

(j)

The minimum acceptable "tested permeability rate" of any soil horizon or substratum shall be one inch per hour. Soil materials that exhibit tested permeability rates slower than one inch per hour shall be considered unsuitable for stormwater infiltration. The maximum reportable "tested permeability rate" of any soil horizon or substratum shall be no greater than 20 inches per hour regardless of the rate attained in the test procedure.

(k)

After all construction activities have been completed on the development site and the finished grade has been established in the infiltration BMP, a minimum of one permeability test shall be conducted within the most hydraulically restrictive soil horizon or substratum below the as-built BMP to ensure the performance of the infiltration BMP is as designed. Hand tools and manual permeability test procedures shall be used for the purpose of confirming BMP performance. In addition, the infiltration BMP shall be flooded with water sufficient to demonstrate the performance of the BMP. Test results shall be certified to the Municipal Engineer.

(l)

The applicant shall demonstrate that stormwater infiltration BMPs meet the seventy-two-hour drain time requirement established in Subsection v1 of this subsection.

To help ensure maintenance of the design permeability rate over time, a six inch layer of K5 soil shall be placed on the bottom of a stormwater infiltration BMP. This soil layer shall meet the textural and permeability specifications of a K5 soil as provided at N.J.A.C. 7:9A, Appendix A, Figure 6, and be certified to meet these specifications by a professional engineer licensed in the State of New Jersey. The depth to the seasonal high water table shall be measured from the bottom of the K5 sand layer.

The design engineer shall assess the hydraulic impact on the groundwater table and design the project site and all stormwater infiltration basins so as to avoid adverse hydraulic impacts. Adverse hydraulic impacts include, but are not limited to: raising the groundwater table so as to cause surface ponding; flooding of basements and other subsurface structures and areas; preventing a stormwater infiltration basin from completely draining via infiltration within 72 hours of a design storm event; and interference with the proper operation of subsurface sewage disposal systems and other surface and subsurface structures in the vicinity of the stormwater infiltration basin.

The design engineer shall conduct a groundwater mounding analysis of all stormwater infiltration BMPs. A groundwater mounding analysis shall be provided for each stormwater infiltration BMP. The groundwater mounding analysis shall calculate the maximum height of the groundwater mound based upon the volume of the maximum design storm. The professional engineer conducting the analysis shall provide the Municipal Engineer with the methodology and supporting documentation for the mounding analysis used and shall certify to Upper Township, based upon the analysis, that the groundwater mound will not cause stormwater or groundwater to breakout to the land surface or cause adverse impact to adjacent surface water bodies, wetlands or subsurface structures including but not limited to basements and septic systems. If there is more than one infiltration BMP proposed, the model shall indicate if and how the mounds will interact. The mounding analysis shall be calculated using the most restrictive soil horizon that will remain in place within the explored aquifer thickness unless alternative analyses are authorized by the Municipal Engineer. The mounding analysis shall be accompanied by a cross-section of the infiltration BMP and surrounding topography and the mound analysis shall extend out to the point(s) at which the mound intersects with the preexisting maximum water table elevation. Where the mounding analysis identifies adverse impacts, the stormwater infiltration BMP shall be redesigned or relocated, as appropriate.

Pretreatment Measures for Infiltration BMPs. By reducing incoming velocities and capturing coarser sediments, pretreatment can extend the functional life and increase the pollutant removal capability of infiltration measures. Therefore, the installation of pretreatment measures is recommended for all development sites. Pretreatment measures may include, but are not limited to, the following:

(a)

Vegetative filter strips;

(b)

Bioretention systems. Used in conjunction with a bioretention system, the infiltration basin takes the place of the standard underdrain;

Sand filters;

Grassed swales; and

Detention basins.

Stormwater infiltration BMPs shall be constructed in accordance with the following:

(a)

To avoid sedimentation that may result in clogging and reduce the basin's permeability rate, stormwater infiltration basins shall be constructed according to the following:

(1)

Unless the conditions in Subsection (2) below are met, a stormwater infiltration basin shall not be placed into operation until its drainage area is completely stabilized. Instead, upstream runoff shall be diverted around the basin and into separate, temporary stormwater management facilities and sediment basins. Such temporary facilities and basins shall be installed and utilized for stormwater management and sediment control until stabilization is achieved in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey, which is incorporated herein by reference as amended and supplemented.

(2)

If the design engineer determines that, for engineering, environmental or safety reasons, temporary stormwater management facilities and sediment basins cannot be constructed on the site, the stormwater infiltration basin may be placed into operation prior to the complete stabilization of its drainage area provided that the basin's bottom during this period is constructed at a depth at least two feet higher than its final design elevation. All other infiltration BMP construction requirements in this section shall be followed. When the drainage area is completely stabilized, all accumulated sediment shall be removed from the infiltration BMP, which shall then be excavated to its final design elevation in accordance with the construction requirements of this subsection and the performance standards in Subsection 19-7.7n through q.

(b)

To avoid compaction of subgrade soils of BMPs that rely on infiltration, no heavy equipment such as backhoes, dump trucks or bulldozers shall be permitted to operate within the footprint of the BMP. All excavation required to construct a stormwater infiltration BMP shall be performed by equipment placed outside the BMP. If this is not possible, the soils within the excavated area shall be renovated and tilled after construction is completed to reverse the effects of compaction. In addition, post-development soil permeability testing shall be performed in accordance with Subsection v5 of this subsection.

(c)

Earthwork associated with stormwater infiltration BMP construction, including excavation, grading, cutting or filling, shall not be performed when soil moisture content is above the lower plastic limit.

Safety Standards for Structural Stormwater Management Measures.

Shall comply with the Safety Standards for Structural Stormwater Management Basin requirements set forth in N.J.A.C. 7:8-6.

General Inspection, Maintenance and Repair Plan.

The design engineer shall prepare an Inspection, Maintenance and Repair Plan for the stormwater management measures, including both structural and nonstructural measures incorporated into the design of a major development. This plan shall be submitted as part of the checklist requirements established in Subsection 19-7.7i. Inspection and maintenance guidelines for stormwater management measures are available in the New Jersey BMP Manual.

The Inspection, Maintenance and Repair Plan shall contain the following:

(a)

Accurate and comprehensive drawings of the site's stormwater management measures;

(b)

Specific locations of each stormwater management measure identified by means of longitude and latitude as well as block and lot number;

(c)

Specific preventative and corrective maintenance tasks and schedules for such tasks for each stormwater BMP;

(d)

Cost estimates, including estimated cost of sediment, debris or trash removal; and

(e)

The name, address and telephone number of the person or persons responsible for regular inspections and preventative and corrective maintenance (including repair and replacement). If the responsible person or persons is a corporation, company, partnership, firm, association, municipality or political subdivision of this State, the name and telephone number of an appropriate contact person shall also be included.

Shall comply with the requirements set forth in N.J.A.C. 7:8-5.8.

Stormwater management measure easements shall be provided by the property owner as necessary for facility inspections and maintenance and preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities. The purpose of the easement shall be specified in the maintenance agreement.

In the event that the stormwater management measure becomes a public health nuisance or danger to public safety or public health, or if it is in need of maintenance or repair, Upper Township 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 the Municipal Engineer's designee. Upper Township, at 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 within the allowable time, Upper Township may immediately proceed to do so with its own forces and equipment and/or through contractors. The costs and expenses of such maintenance and repair by Upper Township shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the maintenance and repair was performed.

Requirements for Inspection, Maintenance and Repair of Stormwater BMP's that Rely on Infiltration. If a stormwater infiltration BMP is incorporated into the design of a major development, the applicant shall include the following requirements in its Inspection, Maintenance and Repair Plan:

Once per month (if needed): Mow side slopes, remove litter and debris, stabilize eroded banks, repair erosion at inflow structure(s);

After every storm exceeding one inch of rainfall: Ensure that infiltration BMPs drain completely within 72 hours after the storm event. If stored water fails to infiltrate 72 hours after the end of the storm, corrective measures shall be taken. Raking or tilling by light equipment can assist in maintaining infiltration capacity and break up clogged surfaces;

Four times per year (quarterly): Inspect stormwater infiltration BMPs for clogging and excessive debris and sediment accumulation within the BMP, remove sediment (if needed) when completely dry;

Two times per year: Inspect for signs of damage to structures, repair eroded areas, check for signs of petroleum contamination and remediate;

Once per year: Inspect BMPs for unwanted tree growth and remove if necessary, disc or otherwise aerate bottom of infiltration basin to a minimum depth of six inches; and;

After every storm exceeding one inch of rainfall, inspect and, if necessary, remove and replace K5 sand layer and accumulated sediment, to restore original infiltration rate.

Additional guidance for the inspection, maintenance and repair of stormwater infiltration BMPs can be found in the New Jersey BMP Manual.

Maintenance Guarantee. The applicant shall provide a maintenance guarantee to ensure that all stormwater management measures required under the provisions of this subsection will be maintained in perpetuity according to the specifications established herein. Conditioned upon Upper Township's approval, this may be accomplished by various mechanisms, including, but not limited to, the following:

The applicant may be required to post a bond or other financial assurance mechanism in the amount Upper Township determines is needed to provide maintenance in perpetuity of all stormwater management measures;

Upper Township may collect an up-front fee from the applicant in the amount Upper Township determines is needed to provide maintenance in perpetuity of all stormwater management measures. This up-front fee shall be expended by Upper Township for the sole purpose of conducting maintenance activities (including repair and renovation, if needed) for all stormwater management measures required under the applicant's major development application approval. The Township committee shall adopt by resolution a schedule of fees.

The applicant may dedicate all stormwater management measures to Upper Township, subsequent to which Upper Township shall assume all maintenance responsibilities; or

The applicant may be required to deposit funds in escrow in the amount Upper Township determines is needed to provide maintenance in perpetuity of all stormwater management measures.

aa.

Effective Date. This subsection shall take effect immediately upon the following:

Certification by the Pinelands Commission in accordance with N.J.A.C. 7:50 Subchapter 3; and

Approval by the Cape May County Planning Board in accordance with N.J.A.C. 7:8-4.4.

§ 19-7.8 Public Utilities.

[Ord. #006-2002, § 1]

All public water, fire hydrants, storm sewer and sanitary sewer mains should be installed in accordance with the specifications of the governmental authority or district which has jurisdiction in the area.

In large-scale developments, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 20 feet wide and located in consultation with the companies and municipal departments concerned.

A letter approving such a proposed installation and a statement as to who will carry out the construction, signed by a responsible official of the utility company or governmental authority or district which has jurisdiction in the area, shall be directed to the Chairman of the Planning Board and shall be received prior to the final plat approval.

For all major subdivisions, the applicant shall arrange with the serving utility for electricity and telephone for the underground installation of the utilities' distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff as the same are on file with the State of New Jersey Board of Public Utility Commissioners and shall submit to the Planning Board prior to the granting of final approval a written instrument from each serving utility which shall evidence full compliance with the provisions of this subsection; provided, however, that lots in such subdivision which abut existing streets where overhead electric or telephone distribution supply lines have theretofore been installed on any portion of the street involved may be supplied with electric and telephone service from such overhead lines, but the service connections from the utilities' overhead lines shall be installed underground.

An installation under this subsection to be performed by a serving utility shall be exempt from the provisions of § 19-8 requiring performance guarantees and inspection and certification by the Township Engineer. Where natural foliage is not sufficient to provide year-round screening of any utility apparatus appearing above ground, the applicant shall provide sufficient live screening to conceal such apparatus year-round. On any lot where, by reason of soil conditions, rock formations, wooded area or other special condition of the land, the applicant deems it a hardship to comply with the provisions of this subsection, the applicant may apply to the Planning Board for an exception from the terms of this subsection in accordance with the procedure and provision of Subsection 19-4.3 of this chapter.

§ 19-7.9 Natural Features and Public Lands.

[Ord. #006-2002, § 1]

Natural features such as trees, hill tops and views, natural terrain and natural drainage lines shall be preserved whenever possible in designing any subdivision containing such features. Open waters shall be recognized as community assets.

A conscious effort shall be made to preserve all worthwhile trees and shrubs which exist on a site. On individual lots or parcels, care shall be taken to preserve selected trees to enhance the landscape treatment of the development.

Performance guarantees may be required to complete landscaping improvements.

§ 19-7.10 Land Uses and Community Facilities.

[Ord. #006-2002, § 1]

Proposed land uses shall conform to the Zoning Ordinance[1] of the Township, the Master Plan, the Official Map and the provisions of this chapter.

[1]

Editor's Note: The Zoning Ordinance referred to herein is codified as Chapter 20 of these Revised General Ordinances.

Subdivision designs shall indicate consideration for suitable protection of different types of land uses and the segregation of vehicular and pedestrian traffic incompatible with particular uses.

Where a proposed park, playground, school or other public use shown in the Master Plan is located in whole or in part of a subdivision or development, such use may be required to be reserved within the subdivision or land development in accordance with current State statutes.

§ 19-7.11 Street Lighting.

[Ord. #006-2002, § 1]

Street lighting standards of a type supplied by the utility and of a type and number approved by the Township Engineer may be required to be installed at street intersections, end of cul-de-sac streets, nonresidential development serving 50 or more parking spaces, residential developments and along arterial, primary and secondary collector streets. Whenever this chapter requires the installation of electric utility installations underground, the applicant shall provide for the installation of underground service for street lighting. The applicant shall be responsible for the cost of all street light standards.

§ 19-7.12 Water Supply.

[Ord. #006-2002, § 1]

The owner shall construct water mains in such a manner as to make adequate water service available to each lot or dwelling unit within the subdivision or development. The entire system shall be designed in accordance with the requirements and standards of the land and/or State agency having approval authority and shall be subject to their approval.

The system shall also be designed with adequate capacity and sustained pressure.

Where no public water is accessible, water shall be furnished on an individual lot basis. Water supply systems shall be constructed in accords with Chapter 199, P.L. 1954, and the New Jersey Department of Environmental Protection's Standards for the Construction of Water Supply Systems for Realty Improvements (revised 1966).

§ 19-7.13 Sanitary Sewers and Septic Systems.

[Ord. #006-2002, § 1]

The owner shall construct sanitary sewers in such a manner as to make adequate sanitary sewage treatment available to each lot within the subdivision.

The entire system shall be designed in accordance with the requirements of the State Department of Environmental Protection and shall be subject to their approval.

If at the time of final approval public sanitary facilities are not available to the subdivision or land development but will become available within a period of five years from the date of recording, the owner shall be required to install or cause to be installed at his expense sanitary sewers and sewer laterals to the street line in accordance with the requirements and standards of the New Jersey Department of Environmental Protection, and shall cap all laterals. Review and approval by the New Jersey Department of Environmental Protection shall be required.

If public sewage treatment facilities are not available, the owner shall provide for on-lot sewage disposal according to the rules, regulations, terms, definitions and conditions of the State Department of Environmental Protection and the Cape May County Health Department.

§ 19-7.14 Grading and Fill Standards.

[Ord. #006-2002, § 1]

Any building lot upon which fill is proposed shall be filled in the front yard from the proposed building to the street curbline and across the lot a width of 140 feet or the lot width if the lot width is less than 140 feet. The said lot shall be filled nearly level extending outward from the foundation of the house a distance of 20 feet in all directions.

§ 19-7.15 Mining and Excavation Standards.

[Ord. #006-2002, § 1]

Purpose. This subsection is to provide design guidelines and standards to ensure that mining operation in the Township are not detrimental to the surrounding community and will provide appropriate buffers and reclamation plans. These guidelines are to be used by the Planning Board in reviewing site plans required by Chapter 15, Soil and Soil Removal of the Township Ordinance. Chapter 15, Soil and Soil Removal addresses the various municipal licensing requirements for excavating, digging or mining of sand, gravel or earth in the Township of Upper.

Pinelands Area Standards. Mining or excavation activities proposed to be carried out in that area which is subject to the Pinelands Comprehensive Management Plan shall conform with the following:

Any application filed for approval of resource extraction operations in the Pinelands shall include at least the following information:

(a)

The applicant's name and address and his interest in the subject property;

(b)

The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;

(c)

The legal description, including block and lot designation and street address, if any, of the subject property;

(d)

A description of all existing uses of the subject property;

(e)

A brief written statement generally describing the proposed development;

(f)

A USGS Quadrangle Map, or copy thereof, and a copy of the municipal tax map sheet on which the boundaries of the subject property and the Pinelands management area designation and zoning designation are shown;

(g)

A topographic map at a scale of one inch equals 200 feet, showing the proposed dimensions, location and operations on the subject property;

(h)

The location, size and intended use of all buildings;

(i)

The location of all points of ingress and egress;

(j)

A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing all streams, wetlands and significant vegetation, forest associations and wildlife habitats;

(k)

The location of all existing and proposed streets and rights-of-way, including railroad rights-of-way;

(l)

A soils map;

(m)

A reclamation plan which includes:

(1)

Method of stockpiling topsoil and overburden;

(2)

Proposed grading and final elevations;

(3)

Topsoil material application and preparation;

(4)

Type, quantity and age of vegetation to be used;

(5)

Fertilizer application including method and rates;

(6)

Planting method and schedules; and

(7)

Maintenance requirements schedule.

(n)

A signed acknowledgement from both the owner and the applicant that they are responsible for any resource extraction activities which are contrary to any provision of this chapter or of the approved resource extraction plan done by any agent, employee, contractor, subcontractor or any other person authorized to be on the parcel by either the owner or the applicant;

(o)

A financial surety, guaranteeing performance of the requirements of N.J.A.C. 7:50-6.68 and 6.69 in the form of a letter of credit, certified check, surety bond or other recognized form of financial surety acceptable to the Pinelands Commission. The financial surety shall be equal to the cost of restoration of the area to be excavated during the two-year duration of any approval which is granted. The financial surety, which shall name the Commission and the Township of Upper as the obligee, shall be posted by the property owner or his agent with the Township of Upper;

(p)

A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the interim rules and regulations; and

(q)

When prior approval for the development has been granted by the Township of Upper, evidence of Pinelands Commission review pursuant to Subsection 20-11.5e.

Time Limit on Board Approval. Board approvals authorizing resource extraction shall be effective for a period of two years. Additional approvals shall be considered by the Board only if the requirements of this subsection have been met.

Resource Extraction Standards. Except as otherwise authorized in this chapter, the extraction or mining of mineral resources other than sand, gravel, clay, and ilmenite is prohibited. Resource extraction activities shall:

(a)

Be designed so that no area of excavation, sedimentation pond, stockpiling of debris, disturbance of the natural vegetation, equipment storage area or machinery or other structure or facility is closer than:

(1)

Two hundred feet to any property line;

(2)

Five hundred feet to any residential or nonresource extraction related commercial use which is in existence on the date the permit is issued; and

(3)

Three hundred feet of a natural stream. No stream or surface of water naturally flowing across the site shall be disturbed or diverted.

(b)

Be located on a parcel of land at least 20 acres;

(c)

Provide that all topsoil that is necessary for restoration will be stored on the site and will be protected from wind or water erosion;

(d)

Be fenced or blocked so as to prevent unauthorized entry into the resource extraction operation through access roads;

(e)

Provide ingress and egress to the resource extraction operation from public roads by way of an access road in accordance with Subsection (o) below;

(f)

Be designed so that the surface runoff will be maintained on the parcel in a manner that will provide for on-site recharge to ground water;

(g)

Not involve excavation to two feet above the seasonal high water table, unless the excavation will serve as a recreational or wildlife resource or a water reservoir for public, agricultural or industrial uses or for any other use authorized in the zoning district in which the site is located; provided that in no case shall excavation have a depth exceeding 65 feet below the natural surface of the ground existing prior to excavation unless it can be demonstrated that a depth greater than 65 feet will result in no significant adverse impact relative to the proposed final use or on off-site areas; and shall be at least five feet below the average water table;

(h)

Be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as the anticipated length of time, that each of the 20 acre units of the parcel proposed for extraction will be worked. This shall not preclude more than one twenty-acre unit from being worked at any one time, provided that there is a demonstrated need for additional units, restoration is proceeding on previously mined units and the area of clearing does not exceed that specified in Subsection b3(i) below.

(i)

Not involve clearing adjacent to ponds in excess of 20 acres or an area necessary to complete scheduled operations; or will not involve unreclaimed clearing exceeding 100 acres or 50% of the area to be mined, whichever is less, for surface excavation at any time.

(j)

Involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with the following requirements:

(1)

Restoration shall be a continuous process, and each portion of the parcel shall be restored such that the ground cover be established within two years and tree cover established within three years after resource extraction is completed for each portion of the site mined;

(2)

Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in the application;

(3)

All restored areas shall be graded so as to conform to the natural contours of the parcel to the maximum extent possible; grading techniques that help to control erosion and foster revegetation shall be utilized; the slope of the restored area above the shoreline shall not exceed one foot vertical to three feet horizontal except as provided in below;

(4)

Topsoil shall be restored in approximately the same quality and quantity as existed at the time the resource extraction operation was initiated. All topsoil removed shall be stockpiled and used for the next area to be restored, unless it is immediately reused for reclamation that is currently underway;

(5)

Drainage flows, including direction and volume, shall be restored to the maximum extent practical to those flows existing at the time the resource extraction operation was initiated;

(6)

Any body of water created by the resource extraction operation shall have a shoreline not less than three feet above and three feet below the projected average water table elevation. The shoreline both above and below the surface water elevation shall have a slope of not less than five feet horizontal to one foot vertical. This requirement shall apply to any water body or portion of a water body created after December 5, 1994. For any water body or portion of a water body created prior to December 5, 1994, this requirement shall apply to the extent that it does not require grading of areas which have not been disturbed by mining activities. Where grading would require such disturbance, a reduction in the distance of the graded shoreline above and below the average water table elevation shall be permitted;

(7)

All equipment, machinery and structures except for structures that are usable for recreational purposes or any other use authorized in the area, shall be removed within six months after the resource extraction operation is terminated and restoration is completed;

(8)

Reclamation shall to the maximum extent practical result in the reestablishment of the vegetation association which existed prior to the extraction activity and shall include:

(i)

Stabilization of exposed areas by establishing ground cover vegetation; and

(ii)

Reestablishment of the composition of the natural forest and shrub types that existed prior to the extraction activity through one of the following:

[1]

The planting of a minimum of 1,000 one-year-old pitch pine seedlings or other native Pinelands tree species per acre in a random pattern;

[2]

Cluster planting of characteristic Pinelands oak species, such as blackjack oak, bear oak, chestnut oak and black oak, and shrubs such as black huckleberry, sheep laurel and mountain laurel, at a spacing sufficient to ensure establishment of these species;

[3]

A combination of the planting techniques set forth in paragraphs [1] and [2] above; or

[4]

The use of other planting techniques or native Pinelands species as may be necessary to restore the vegetation association which existed prior to the extraction activity.

(9)

Slopes beyond a water body's shoreline shall be permitted at the natural angle of repose, as determined by a certified material testing laboratory, to the bottom of the pond; and

(10)

The letter of credit, surety bond, or other guarantee of performance which secures restoration of each section shall be released after the Township has determined that the requirements of Subsection (j)(1) through (9) above are being met and the guarantee of performance is replaced with a maintenance guarantee for a period of two years thereafter.

(k)

Not result in a substantial adverse impact upon those significant resources depicted on the Special Areas Map appearing as Figure 7.1 in the Pinelands Comprehensive Management Plan.

(l)

No permitted operation shall utilize blasting or explosives.

(m)

No graded or backfilled area shall be permitted to collect stagnant water or maintain a average water depth of less than five feet for a period longer than six months.

(n)

All processes and equipment used in the permitted operation shall be constructed and operated in a manner as to reduce noise, dust, vibration to an amount not detrimental to the normal use of an adjoining property, and each use shall utilize such dust collection or other devices as are necessary to insure that the use will not constitute an objectionable condition.

(o)

Access roads and stabilized construction entrance must conform to the following:

(1)

Be a minimum of 30 feet and a maximum of 50 feet in width.

(2)

The last 100 feet of the access road in its approach to the public highway shall be a bituminous surface to aid in the prevention of tracking of material onto the public highway. An additional 100 feet of stabilized construction entrance shall be placed at the end of the bituminous access road.

(3)

The access road pavement thickness shall be designed based on soil conditions, anticipated loads and standard engineering practice. The pavement shall be designed by the applicant's engineer and approved by the Township Engineer.

(4)

A gate, consisting of a chain link fence at least six feet in height and capable of being securely locked, or any other approved barrier, shall be provided across the access road at the intersection with the public highway. The gate shall be closed and locked or the other approved barrier shall be in place at all times that the site is not in active operation.

(p)

The following signs shall be installed:

(1)

Stop sign on all access roads at the intersection with the public highway.

(2)

"Truck Entering Highway" sign on the public highway at least 200 feet in each direction from the access road.

(3)

All signs shall comply with the Manual of Uniform Traffic Control Devices and shall obtain any necessary permit for the placement of the sign on a public highway.

(q)

All loaded trucks must be covered with a suitable cover that complies with all State regulations. All materials deposited on the public highway by spillage or by tracking from the wheels must be removed by the license holder before nightfall on the day of the deposit at the sole cost and expense of the license holder. The regulation shall apply, as a minimum, to that portion of the public highway within 500 feet of the intersection with the site access road, or greater distance, if necessary.

Non-Pinelands Area Standards. The same standards that apply in the Pinelands area of the Township shall apply to all other areas of the Township.

§ 19-7.16 Environmental Assessment.

[Ord. #004-2007, § 1]

Purpose. The impact on the environment associated with development projects necessitates a comprehensive analysis of the variety of problems that may result and the measures that can be taken to minimize the adverse impacts. It is recognized that the level of detail required for the variety of development applications will vary depending on the size of the project, the site conditions, the location of the project and the information already in the possession of the Township. As used here, environmental assessment means a written description and analysis of all possible direct and indirect effects the development will have on the site, as well as on the region, with particular attention to the potential effects on public health, safety and welfare, and the preservation and enhancement of the natural environment, and historic, cultural and other sensitive resources. The assessment report shall show compliance with Subsection 20-5.8j and k. Some flexibility is needed in preparing the Environmental Assessment Report. The Environmental Assessment Report requirements pertaining to different types of development application are listed below:

Requirements.

All agricultural operations conducted in accordance with a plan approved by the Soil Conservation District and all silviculture operations conducted in accordance with a plan prepared by a professional forester are specifically exempt from the environmental assessment requirements.

Any variance applications to the Zoning Board of Adjustment not involving a site plan or subdivision application shall not require an Environmental Assessment unless specifically requested by the Board. The Zoning Board of Adjustment shall inform the applicant regarding any information that may be required.

All major subdivision applications and/or site plan applications shall be accompanied by a complete Environmental Assessment Report including the Environmental Assessment Checklist and required documentation which shall be submitted as a prerequisite to a complete application.

Amended major subdivision or site plan applications shall be accompanied by a supplemental Environmental Assessment Report which assesses the environmental impacts associated with any modifications to the original plan.

Any development application or amended development application located in the Coastal Zone and for which an Environmental Impact Statement has been prepared and submitted to the NJDEP as part of a CAFRA application shall not be bound by the provisions of this subsection provided that a copy of the Environmental Impact Statement submitted as part of the CAFRA application also accompanies any development application to the Township Planning Board or Board of Adjustment.

Submission Format.

When an environmental assessment is required, the applicant shall retain one or more competent professionals or anyone deemed competent by the Township Planning Board or Board of Adjustment to perform the necessary work. The qualifications and background of the professionals shall be provided, and the method of investigation shall be described.

All applicable material on file in the Township pertinent to evaluation of regional impacts shall also be considered including the Township Master Plan and accompanying natural resources mapping, Township Natural Resource Inventory, the New Jersey Department of Environmental Protection (NJDEP) data and other information as available.

All environmental assessments shall consist of written and graphic materials which clearly present the required information in a report format utilizing the adopted Environmental Assessment Checklist with accompanying documentation as required.

Environmental Assessment Report Submission.

The Environmental Assessment Report including appropriate references and the Environmental Assessment Checklist shall be submitted to the Board.

Five copies of the Environmental Assessment Report and one digital copy on CD-ROM shall be submitted with development application prior to the determination of a complete application.

Environmental Assessment Waiver.

Notwithstanding the foregoing, the appropriate Board may, at the request of an applicant, waive the requirement for an Environmental Assessment Report if the appropriate Board finds that sufficient evidence is submitted to support a conclusion that the proposed development will have a negligible environmental impact.

Portions of such requirement may likewise be waived upon a finding that the complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project.

Notwithstanding, any site development affecting wetlands and C-1 waters shall not be granted a waiver from these requirements.

§ 19-7.17 Off-Tract Improvements.

[Ord. #006-2008, § 1]

When Required. Whenever an application for development requires the construction of off-tract improvements that are clearly, directly and substantially related to or necessitated by the proposed development, the Planning Board or Zoning Board of Adjustment, as the case may be, shall provide as a condition of final site plan or subdivision approval that the applicant shall pay the pro rata share of such off-tract improvements. Off-tract improvements shall include water, sanitary sewer, drainage and street improvements, including such easements as are necessary, or as may otherwise be permitted by law. The applicant shall either install the off-tract improvements or pay the pro rata cost to the Township, at the sole discretion of the municipality.

Determination of Cost. When off-tract improvements are required, the Township Engineer shall calculate the cost of such improvements in accordance with the procedures for determining performance guarantee amounts in N.J.S.A. 40:55D-53.4. Such costs may include but not be limited to any or all costs of planning, surveying, permit acquisition, design, specification, property and easement acquisition, bidding, construction, construction management, inspection, legal and other common and necessary costs for the construction of improvements. The Township Engineer shall also determine the percentage of off-tract improvements that are attributable to the applicant's development proposal and shall expeditiously report his findings to the board of jurisdiction and the applicant.

Improvements Required Solely for Applicant's Development. Where the need for an off-tract improvement is necessitated by the proposed development and no other property owners receive a special benefit thereby, or where no planned capital improvement by a governmental entity is contemplated, or the improvement is required to meet the minimum standard of the approving authority, the applicant shall be solely responsible for the cost and installation of the required off-tract improvements.

Improvements Required for Applicant's Development and Benefiting Others. Where the off-tract improvement would provide capacity in infrastructure in excess of the requirements in Subsection 19-7.17c, above, the applicant shall be eligible for partial reimbursement of costs for providing such excess. The calculation of excess shall be based on an appropriate and recognized standard for the off-tract improvement being constructed, including but not limited to gallonage, cubic feet per second and number of vehicles. Nothing herein shall be construed to prevent a different standard from being agreed to by the applicant and the Township Engineer. The process, procedures and calculation used in the determination of off-tract costs shall be memorialized in a municipal developer's agreement to be reviewed and approved by the Township Attorney who may request advice and assistance from the Planning Board Attorney. Future developers benefiting from the excess capacity provided by the initial developer shall be assessed their pro rata share of off-tract improvement cost based on the same calculation used in the initial calculation. Such future developers shall pay their assessment, plus a 2% administration fee, to the Township, not to exceed $2,000 at the time of the signing of the final plat or final site plan as a condition precedent to such signing. The Township shall forward the assessment payment to the initial developer within 90 days of such payment.

Performance Guarantee. The applicant shall be required to provide, as a condition of final approval, a performance guarantee for the off-tract improvements in accordance with N.J.S.A. 40:55D-53 and § 19-8, below.

Certification of Costs. Once the required off-tract improvements are installed and the performance bond released, the developer shall provide a certification to the Township Engineer of the actual costs of the installation. The Township Engineer shall review the certification of costs and shall either accept them, reject them or conditionally accept them. In the review of costs, the Township Engineer shall have the right to receive copies of invoices from the developer sufficient to substantiate the certification. Failure of the developer to provide such invoices within 30 days of the Township Engineer's request shall constitute forfeiture of the right of future reimbursement for improvements that benefit others.

Time Limit for Reimbursement. Notwithstanding any other provision to the contrary, no reimbursement for the construction of off-tract improvements providing excess capacity shall be made after 10 years has elapsed from the date of the acceptance of the certification of costs by the Township Engineer.

§ 19-8 PERFORMANCE GUARANTEE, INSPECTIONS AND PERMITS.

§ 19-8.1 Performance Guarantee Estimate.

[Ord. #006-2002, § 1; Ord. #006-2008, § 1]

Before recording of final subdivision plats or as a condition of final site plan approval, the Planning Board or Board of Adjustment shall require the provision of performance and maintenance guaranties in accordance with the following standards. If improvements are installed prior to final subdivision approval, construction plans and specifications shall be approved by the Township Engineer prior to construction of the improvements.

A performance guarantee estimate shall be prepared by the developer's design engineer and forwarded to the Township Engineer for his approval. The performance guarantee estimate shall set forth the costs of all required improvements showing quantity, unit price and total amount. The Township Committee shall pass a resolution either approving or adjusting this performance guarantee estimate and a resolution to the developer for use in obtaining and posting a performance guarantee.

The approved performance guarantee estimate shall fix the requirements of maintenance of the utilities and improvements to be installed and completed by the developer. A surety company or cash bond meeting the requirements hereinabove set forth may be furnished to secure the maintenance guarantee, or the performance bond may be styled or amended to provide such security in reduced amount in keeping with the requirements.

§ 19-8.2 Approval by Township Attorney.

[Ord. #006-2002, § 1; Ord. #006-2008, § 1]

The developer shall present two copies of the performance guarantee in an amount equal to the amount of the approved performance guarantee estimate for review as to form by the Township Attorney. After his review, the Township Attorney shall report to the Township Committee which shall by resolution approve or disapprove the performance guarantee.

§ 19-8.3 Bonding and Cash Requirements.

[Ord. #006-2002, § 1; Ord. #006-2008, § 1]

The amount of the performance guarantee shall be 120% of the approved performance guarantee estimate in the form of a bond provided by an acceptable surety company licensed to do business in the State of New Jersey, or cash, or a certified check or other guarantee approved by the Township Committee. Cash and checks (made payable to the Township of Upper) shall be deposited in a bank designated by the Township and shall be retained as security for completion of all requirements and to be returned to the developer on completion of all required work and expiration of the period of maintenance guarantee, or in the event of default on the part of the developer, to be used by the Township of Upper to pay the cost and expense of obtaining completion of all requirements. Every bond, whether cash or surety, shall contain a clause to the effect that a determination by the Township Engineer that the principal has defaulted in the performance of his obligation shall be binding and conclusive upon the surety and the principal.

10% of the amount of the approved performance guarantee estimate shall be deposited by the developer in cash with the Township of Upper. The remaining 90% may be in cash, surety bond, or other approved guarantee in the event of default, the 10% fund herein mentioned shall be first applied to the completion of the requirements, and the cash or other guarantee shall thereafter be resorted to, if necessary for the completion of the requirements. The cash or surety bond shall recite the foregoing provisions. The Township Engineer's determination that the principal has defaulted in his obligation shall be binding and conclusive upon the principal.

§ 19-8.4 Inspections and Tests.

[Ord. #006-2002, § 1; Ord. #006-2008, § 1]

All improvements and utility installations shall be inspected during the time of their installations under the supervision of the Township Engineer to insure satisfactory completion. The cost of said inspection shall be the responsibility of the developer, and he shall deposit with the Township Treasurer for placement in a special trust fund account a sum equal to 2% of the amount of the performance guarantee estimate of the cost of public improvements to be built in the subdivision to be applied to payment of inspection costs. If inspection costs exceed such fund, the developer shall deposit with the Township Treasurer additional sums upon notice from the Township Engineer. The inspection fee shall in no case be less than $100. The Township Treasurer shall return any balance of the inspection deposit to the developer upon expiration of the maintenance bond together with the paid invoices for all expenses charged.

No final subdivision approval will be given for any development unless the inspection fee has been deposited with the Township Treasurer.

In no case shall any paving work (including prime and seal coats) be done without permission from the Township Engineer's office. At least two days' notice shall be given to the Township Engineer's office prior to any such construction so that he or a qualified representative may be present at the time the work is to be done.

The Township Engineer's office shall be notified after each of the following phases of the work has been completed so that he or a qualified representative may inspect the work:

Subgrade;

Curb and gutter forms;

Curbs and gutters;

Asphalt paving;

Sidewalk forms;

Sidewalks;

Drainage pipes and other drainage structures before backfilling;

Street name signs;

Monuments.

A final inspection of all improvements and utilities will be started within 10 days of notification by the developer to determine whether the work is satisfactory and in agreement with the approved final plat drawings and the Township specifications. The general condition of the site shall also be considered. Upon a satisfactory final inspection report, action will be taken to release or declare in default the performance guarantee covering such improvements and utilities.

Inspection by the Township of Upper of the installation of improvements and utilities by the developer shall not operate to subject the Township of Upper to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter, it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the developer and his contractors, if any.

After completing the construction of the public improvements covered by the performance guarantee, the developer shall prepare a set of the approved public improvement and utility plans and the profiles amended to read "as constructed" and apply to the Township Engineer for final inspection of the work. The Township Engineer shall report to the Township Committee on the condition of the work and recommend that the performance guarantee be released, extended or declared in default.

§ 19-8.5 Release.

[Ord. #006-2002, § 1; Ord. #006-2008, § 1]

The Township Committee shall, by resolution, release or declare in default each performance guarantee. Such performance guarantee shall remain in effect until released by the Township Committee. The amount of the performance guarantee may be reduced by the Township Committee by resolution when portions of the required improvements have been installed and have been inspected and approved by the Township Engineer, provided, however, that no such reduction shall be approved until the Township Engineer shall have certified the estimated cost of completing any remaining required improvements. If any improvements have not been installed in accordance with the performance guarantee, the obligor and surety shall be liable thereon to the Township for the reasonable cost over and above the 10% cash deposit on the improvements not installed, and upon receipt of the proceeds thereof, the Township shall install such improvements. The Township shall also have all other remedies as may be lawfully available.

§ 19-8.6 Conditions for Acceptance of Municipal Improvements.

[Ord. #006-2002, § 1; Ord. #006-2008, § 1]

The approval of any plat under this chapter by the Planning/Zoning Board shall in no way be considered as acceptance of any street or drainage system, or any other improvement required by this chapter, nor shall such plat approval obligate the Township in any way to maintain or exercise jurisdiction over such street or drainage system or other improvement. No improvements shall be accepted by the Township Committee unless and until all of the following conditions have been met:

The Township Engineer shall have certified that the improvements are complete and that they comply with the requirements of this chapter.

The final plat shall have been approved by the Planning Board.

The developer for major subdivision shall have filed with the Township Committee a maintenance guarantee in an amount equal to not more than 15% of the original estimate of the cost of installing the improvements and shall run for a period of two years. The procedures and requirements governing such maintenance guarantee shall be identical with the procedures and requirements for a performance guarantee set forth in Subsection 19-8.1 of this section. The requirements for a maintenance guarantee may be waived by the Township Committee only if the Township Engineer has certified that the improvements have been in continuous use for not less than two years from the date the Township Engineer certified completion of such improvements in accordance with the provisions of Subsection 19-8.6a of this section and that during this period, the subdivider has maintained the improvements in a satisfactory manner.

The subdivider shall file with the secretary of the Planning Board deeds for all street rights-of-way, easements, and lands shown on the final plat that are dedicated to the Township. Deeds will be filed by the Township after approval by the Board and Township Solicitor.

During the period covered by the maintenance bond the developer is responsible for any damage to the subdivision improvements including pavements, curbs, sidewalks, driveways, storm drains, and drainage structures.

Maintenance bond shall not be released until a final inspection at the end of the two-year period is made by the Township Engineer.

§ 19-8.7 Certificate of Occupancy and Building Permit.

[Ord. #006-2002, § 1; 5 Ord. #006-2008, § 1]

Occupancy permits will be issued only when any curb, all utilities, any water supply and sewage treatment facilities, all necessary storm drainage to insure proper drainage of the lot and surrounding land, rough grading of the lot, base course for the driveway and base course for the streets are installed to serve the lot and structure for which the permit is requested.

Shade trees shall not be planted until all grading and earth moving is completed, and seeding of grass areas shall be the last operation. The issuance of a Certificate of Occupancy will follow the procedures outlined in the Upper Township Zoning Ordinance.

Building permits for any lot will be issued only after temporary street signs are installed within the development, so as to provide directions to the construction.

§ 19-9 DOCUMENTS TO BE SUBMITTED WITH APPLICATION.

§ 19-9.1 Purpose.

[Ord. #006-2002, § 1]

The documents to be submitted are intended to provide the approving authority with sufficient information and data to assure compliance with all Municipal Code and specifications and ensure that the proposed development meets the design and improvement standards contained in this chapter. The specification of documents to be submitted is based on the type of development and particular stage of development application.

§ 19-9.2 Requirements.

[Ord. #006-2002, § 1; Ord. #004-2007, § 1; Ord. #009-2007, § 1; Ord. #004-2015 § 2]

The documents to be submitted are shown on the following pages. In specific cases and for documented reasons, the approving authority may waive the submission of a particular document. The reasons for the waiver shall be indicated in the minutes of the approving authority.[1]

A request to waive the submission of a required document or information shall be made in writing at the time of initial application and shall include reasons for the waiver.

[1]

Editor's Note: The checklist of documents referred to herein is included as an attachment to this chapter..

§ 19-10 PENALTY. [1]

[1]

Editor's Note: Prior ordinance history: Ordinance No. 006-2002.

§ 19-10.1 Transfer or Sale of Land Prior to Final Approval.

[Ord. #011-2016 § 1]

If, before final subdivision approval has been granted, any party transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by ordinance pursuant to this act, then such person shall be subject to a penalty as described below.

Civil Action Instituted by Township. In addition to the foregoing, the Municipality may institute and maintain a civil action:

For injunctive relief.

To set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.

Entitlement to Lien.

In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his assigns or successors to secure the return of any deposit made or purchase price paid and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument or transfer, sale or conveyance of said land or within six years, if unrecorded.

§ 19-10.2 Site Plan Approval.

[Ord. #011-2016 § 1]

If, before site plan approval has been granted any party clears any trees or underbrush from a lot, or changes any use on a property, or begins construction of any storage yard, building, structure or addition thereto, then such person shall be subject to a penalty as described below.

Property owner shall be responsible for maintaining all improvements as shown on the approved final site plan approval and contained in the approving resolution. Any such person violating this section shall be subject to a penalty as described below.

§ 19-10.3 Penalty.

[Ord. #011-2016 § 1]

Any person(s) who is found to be in violation of the provisions of this chapter shall be subject to a fine in the minimum amount of $500 and not to exceed $1,000 for each day. Except as otherwise provided, each and every day in which a violation of any provision of this Code or any other ordinance of the Township exists shall constitute a separate violation.

§ 19-11 FEES.

§ 19-11.1 Reviews and Requests for Approvals.

[Ord. #006-2003 § 1; Ord. #006-2008 § 1; Ord. #008-2014 § 1]

Applications for the following reviews and requests for approvals shall be accompanied by checks payable to the Township of Upper in accordance with the following fee schedule:

Fees
Type of Application	Nonrefundable Application Fee	Escrow Review Fee
Minor Subdivision	$200	$800
D Variance	$300	$1,000
C Variance	$250	$600
Major Subdivision-Sketch Plat	$200	$600
Major Subdivision-Preliminary	$500 plus $50 per lot	$150 per lot
Major Subdivision-Final	$500 plus $50 per lot	$100 per lot
Site Plan-Preliminary (under 10 acres)	$300	$1,500
Site Plan-Preliminary (10 acres and above)*	$600	$1,500 plus $150 per add'l acre over 10 acres
Site Plan-Final**	$300	$1,000
Conditional Use	$300	$1,000
Planning Variance	$300	$1,000
Extension	$200	$400
Site Plan Waiver	$200	$800
Request for Rezoning	$400	$5,000
Special Meeting	$500
Concept Plan Review (Planning Board only)***	$200	$1,000
Application Not Listed	$300	$1,000
Tax Map Changes
Minor Subdivision	$150	—
Major Subdivision
1 to 5 lots	$240	—
6 to 15 lots	$325	—
Over 15 lots	$440	—
Street Vacation	$100	—
Lot Consolidation	$100	—
Zoning Permit for fence, sign, shed	$10	—
Zoning Permit for pool, detached garage, clearing	$25	—
Zoning Permit Revision of house	$25	—
Zoning Permit for buildings, additions or for any other purpose	$50	—

* Partial acres are considered full acres for purposes of determining escrow amount.

** If applicant is applying for both preliminary and final site plan approval at the same time, the applicant shall deposit fees equal to both preliminary and final approval.

*** Applications for concept plan review require full notice to property owners and publication pursuant to N.J.S.A. 40:55D-12.

All application fees and escrow review fees pursuant to the Schedule listed above shall be submitted at the time of the application. These monies are intended to cover all necessary and reasonable costs incurred by the technical and/or professional staff retained by the Planning Board or Zoning Board of Adjustment to review and make recommendations on such applications. The technical and professional staff is intended to include but not be limited to the following: Board Attorneys, Municipal Planner, Municipal Engineer, other professionals as may be required on particular applications. The fee for the services of the technical and professional staff shall be determined by resolution of the Planning Board, Zoning Board of Adjustment or Township, as appropriate.

The amount specified for escrow deposits are estimates, and it is recognized additional escrow fees may be necessary in particular applications. In the event that more than the amount specified for escrow is required in order to pay the reasonable costs incurred, the applicant shall, prior to being permitted to move forward in the approval procedure, or prior to obtaining construction permits or Certificates of Occupancy for any portion of the application project, pay all additional required sums.

Escrow fees shall be controlled by the Township Chief Financial Officer. In the event that the escrow deposit is more than required to pay necessary and reasonable costs of the technical and professional staff, the excess funds shall be returned to the applicant within 180 days of publication of the resolution approving the application.

Additionally, if the Planning Board or Zoning Board of Adjustment creates as a condition of any approval a requirement that ongoing inspections or approvals are necessary by the professional staff or Township officials to insure compliance of a condition of approval by an applicant, then it shall be the obligation of the applicant to bear the cost of the additional fees by placing a sum designated by the Planning Board, Zoning Board of Adjustment or the Township, as appropriate, in an escrow fund. When all approvals or inspections have been completed to the satisfaction of the Planning Board, Zoning Board of Adjustment or Township as appropriate, any excess escrow fund shall be returned to the applicant within 60 days of the last approval or inspection.

When applications for preliminary and final approval are made simultaneously the Planning Board or Zoning Board of Adjustment shall have the right to waive the payment of additional deposits.

§ 19-11.2 (Reserved) [1]

[1]

Editor's Note: Former Subsection 19-11.2, Inspection Fees and Performance Guarantees, previously codified herein and containing portions of Ordinance No. 006-2002, was repealed in its entirety by Ordinance No. 006-2008.

§ 19-12 VALIDITY AND SEVERABILITY.

[Ord. #006-2002, § 1]

If any section, subsection, paragraph, clause, phrase or provision of this chapter shall be adjudged invalid or held unconstitutional, such decision shall not affect the remaining portions of this chapter.

§ 19-13 REPEALER.

[Ord. #006-2002, § 1]

Any and all ordinances or parts thereof in conflict or inconsistent with any of the terms and provisions of this chapter are hereby repealed provided, however, that the adoption of this chapter shall not prevent or bar the continuance or institution of any proceedings for offenses heretofore committed in violation of any existing ordinances of the Township of Upper.