[Ord. #006-2002 § 1; Ord. #008-2014 § 1]
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."
[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.
[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.
[Ord. #006-2002, § 1; Ord. #001-2004, § 2]
a.
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.
b.
ADVERSE EFFECT
AGRICULTURAL PURPOSES
BOARD
BUFFER
CAPITAL IMPROVEMENTS PROGRAM
CAPPED SYSTEM
CARTWAY
CERTIFICATE OF FILING
CHANGE OF USE
DEVELOPER
DEVELOPMENT
DRAINAGE AND UTILITY RIGHT-OF-WAY
EASEMENT
ENVIRONMENTAL CONSTRAINTS
FLAG LOT SUBDIVISION
FLOOR AREA
HOMEOWNERS' ASSOCIATION
1.
2.
3.
IMPROVED PUBLIC STREET
IMPROVEMENT
INDIVIDUAL SEWAGE DISPOSAL SYSTEM
ISLAND
LOT
LOT FRONTAGE
MAINTENANCE GUARANTEE
MASTER PLAN
OFF-TRACT
OFFICIAL MAP
OWNER
PERFORMANCE GUARANTEE
PLAT
1.
2.
3.
RESERVE STRIP
RESUBDIVISION
1.
2.
SETBACK LINE
SEWER
SHADE TREE
SIGHT EASEMENT AT INTERSECTION
SITE PLAN
1.
2.
3.
STREET
1.
2.
3.
4.
5.
STREET LINE
SUBDIVIDER
SUBDIVISION
1.
2.
SUBDIVISION AND SITE PLAN COMMITTEE
TOPSOIL
VARIANCE
Definitions.
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.
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.
Shall mean the Planning Board of the Township of Upper or
the Zoning Board of Adjustment of the Township of Upper.
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.
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.
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.
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.
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.
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]
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.
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.
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.
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.
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.
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.
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.
Shall mean a nonprofit organization operating in a single-family
residential development under recorded land agreements through which:
Each owner is automatically a member;
Each occupied dwelling unit is automatically subject to a charge
for a proportionate share of the expenses for the organization's activities
and maintenance, including any maintenance costs levied against the
association by the Township; and
Each owner and tenant has the right to use the common property.
Shall mean for subdivision purposes or site plan, any street
which complies in width and construction with municipal standards.
Shall mean any man-made, immovable item which becomes part
of, placed upon, or is affixed to, real estate.
Shall mean a septic tank, seepage tile sewage disposal system,
or any other approved sewage treatment device serving a single unit.
Shall mean in street design, a raised area usually curbed,
placed to guide traffic, separate lanes, or used for landscaping,
signing, or lighting.
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.
Shall mean that portion of a lot extending along an improved
public street line.
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.
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.
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.
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.
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.
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.
Shall mean the map of a subdivision or plan of a site plan.
SKETCH PLAT: The sketch map of a subdivision of sufficient accuracy to be used for the purposes of subdivision classification and meeting the requirements of § 19-8 of this chapter.
PRELIMINARY PLAT: The preliminary map indicating the proposed layout and improvements of the subdivision or site plan which is submitted to the Secretary of the Planning Board for Planning Board consideration and preliminary approval and meeting the requirements of § 19-6 of this chapter.
FINAL PLAT: The final map of all or a portion of the subdivision
or the final plan of a site plan which is presented to the Planning
Board for final approval in accordance with these regulations.
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.
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.
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.).
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.
Shall mean a tree in a public place, street, special easement,
or right-of-way adjoining a street.
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.
Shall mean a development plan in compliance with § 19-6 of this chapter of one or more lots on which is shown:
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, flood
plains, marshes, and waterways;
The location of all existing and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures, signs, lighting and screening
devices;
And other information that may be reasonably required in order
to make an informed determination pursuant to this chapter.
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.
ARTERIALS: Roads that have as their prime function the transport
of regional traffic characterized by high volumes, extended destinations
and substantial numbers of commercial vehicles.
COLLECTORS: Roads which carry traffic from local streets to
major traffic generators or to arterial roads.
LOCAL: Roads which function primarily to provide access to abutting
properties.
CUL-DE-SAC: A short, dead-end, local street terminating in a
circular or other turn-around area.
MARGINAL ACCESS: Streets located parallel and adjacent to arterial
streets and highways, which are designated to provide access to abutting
properties without interrupting highway traffic except at recognized
intersections and access points.
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]
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.
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."
MINOR SUBDIVISION: Any subdivision of land fronting on an existing
improved street that does not involve (1) the creation of more than
three lots (two new lots and the remaining parcel); (2) planned development;
(3) any new street or extension of an existing street; (4) the extension
of any off-tract improvement; and (5) is not a further subdivision
of an original tract of land for which previous minor subdivision(s)
has (have) been approved by the Planning Board within the past 24
months where the combination of the proposed and approved minor subdivision(s)
constitutes a major subdivision. The original tract of land shall
be considered any tract in existence on December 6, 1976 as shown
on the Township tax maps.
|
Any readjustment of lot lines resulting in no new lot shall
be classified as a minor subdivision.
|
MAJOR SUBDIVISION: Any subdivision not classified as a minor
subdivision.
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.
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.
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
[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.
[Ord. #006-2002, § 1; Ord. #001-2004, § 2; Ord. No. 013-2017 § 2; amended 11-13-2023 by Ord. No.
015-2023]
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.
a.
Site Plan Review Required. Site plan review is required for any proposed
development which includes:
1.
Any new construction other than a single-family dwelling or an addition
to an existing single-family dwelling or two-family dwelling.
2.
Any change of use within a property.
3.
4.
Construction of any storage yard greater than 1,500 square feet in
area.
5.
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.
6.
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.
7.
Any mining, excavation, dumping or deposit of fill or dredge spoils,
or landfill activities.
[Amended 6-27-2022 by Ord. No. 010-2022]
8.
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.
[Ord. No. 013-2017 § 2;
amended 6-27-2022 by Ord. No. 010-2022]
9.
Throughout the Township there are campgrounds which are existing permitted nonconforming uses. Routine and customary modifications of existing individual campsites are not an expansion of use or structure. Notwithstanding any other provision of this Subsection 19-4.2a, site plan review shall not be required for any change to a campsite within an existing previously approved campground, provided that the following conditions are met:
[Amended 6-27-2022 by Ord. No. 010-2022]
(a)
Placement of a recreational vehicle with an R.V.I.A. certification
not exceeding 400 square feet in size.
(b)
Additions to the recreational vehicle limited to the following:
(1)
The addition or deck shall be constructed on permanent foundations.
(2)
The addition shall not exceed 400 square feet in size and the
addition may include plumbing, heating, air conditioning and interior
partitions; provided, however, the maximum width of the opening of
the addition into the recreational vehicle is six feet.
(3)
A deck shall not exceed 200 square feet in size and shall not be counted as part of 400-square-foot addition set forth in Subsection a9(b)(2). Awnings and canopies are permitted.
(4)
The addition or deck shall be minimum of 10 feet from any adjacent
recreational vehicle, addition or deck.
(5)
The recreational vehicle and any enclosed addition shall comply with Chapter 18, Flood Damage Control.
(6)
No addition, renovation or modification to the recreational
vehicle is permitted which encapsulates the vehicle.
(c)
HUD units or mobile homes are not permitted.
(d)
The existing boundary of the campsite is not expanded and no
new campsites are proposed.
(e)
Only one shed is permitted on each campsite and shall be less
than 100 square feet and 12 feet high.
(f)
Except for the foregoing, all new construction, expansion or
change of the existing facility or use of a campground shall require
site plan review (and variance relief, if applicable).
(g)
Campground owner shall submit zoning permit showing compliance
with this section for any new park models, additions, deck or placement
of sheds.
(h)
The Township Engineer and Zoning Officer must certify the aforementioned
items have been submitted and are in compliance with this section.
10.
Notwithstanding any other provision of this Subsection 19-4.2a, 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
[Added 6-27-2022 by Ord.
No. 010-2022]
(a)
The Township property is located in a zone district wherein
such use is a permitted use.
(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.
11.
The
removal of any telecommunications facility in accordance with the
following conditions:
(a)
At such time that a licensed carrier plans to abandon or discontinue
operation of a telecommunications facility, such carrier shall notify
the Township Clerk by certified United States mail of the proposed
date of abandonment or discontinuation of operations. Such notice
shall be given no less than 30 days prior to abandonment or discontinuation
of operations. In the event that a licensed carrier fails to give
such notice, the wireless telecommunications facility shall be considered
abandoned upon discontinuation of operations.
(1)
If tower lighting was required by the FAA, the tower owner shall
be responsible for all violations and fines associated with its operation.
(b)
Upon abandonment or discontinuation of use, at the option of
the Township, the carrier shall physically remove the telecommunications
facility within 90 days from the date of abandonment or discontinuation
of use. "Physically remove" shall include, but not be limited to:
(1)
Removal of antennas, mount, equipment shelters and security
barriers for the subject property.
(2)
Proper disposal of the waste materials from the site in accordance
with local, county and state solid waste disposal regulations.
(3)
Restoring the location of the telecommunications facility to
its natural condition, except that any landscaping and grading shall
remain in the after-condition.
(c)
If a carrier fails to remove a telecommunications facility in
accordance with this section, the Township shall have the authority
to enter the subject property and physically remove the facility.
The Planning Board will require the applicant to post a bond at the
time of approval to cover costs for the removal of the telecommunications
facility in the event the Township must remove the facility, which
bond shall be required to be approved by the Planning Board Engineer.
(d)
TELECOMMUNICATIONS FACILITY
TELECOMMUNICATIONS OR TRANSMISSION TOWER
The following definitions shall apply to this section:
A facility designed and used for the purpose of transmitting,
receiving and relaying voice and data signals from various wireless
communications devices including licensed transmission towers, antennas
and ancillary facilities. For purposes of this section, amateur radio
transmission facilities and facilities used exclusively for the transmission
of television and radio broadcasts are not telecommunications facilities.
The monopole or lattice framework designed to support transmitting
and receiving antennas. For purposes of this section, licensed amateur
radio transmission facilities and facilities used exclusively for
the transmission of television and radio signals are not transmission
towers.
b.
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.
[Ord. #006-2002, § 1]
a.
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.
b.
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.
[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.
[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.
[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:
a.
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.
b.
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.
c.
The applicant shall submit written proof that he has a proprietary
interest in the property when the plat, plan or drawing is submitted.
d.
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.
e.
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.
[Ord. #006-2002, § 1; Ord. #004-2007, § 1]
a.
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:
1.
Minor subdivision - subdivision classification.
2.
Major subdivision, preliminary.
3.
Major subdivision, final.
4.
Site plan preliminary.
5.
Site plan final.
6.
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.)
b.
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.
c.
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.
d.
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.
[Ord. #006-2002, § 1]
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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.
h.
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.
i.
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.
[Ord. #006-2002, § 1]
a.
Preliminary Major Subdivision Approval.
1.
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.
2.
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.
3.
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.
4.
The Subdivision Committee, if established, shall review the application
and shall comment and make recommendations to the Planning Board.
5.
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.
b.
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.:
1.
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including, but not limited to, use
requirements; layout and design standards for streets, curbs and sidewalks;
lot 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.
2.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary subdivision plat as the case may be; provided
such section(s) are designated on the approved preliminary plat.
3.
That the applicant may apply for and the Planning Board may grant
extensions on such preliminary approval for additional periods of
at least one year but not to exceed a total extension of two years,
provided that if the design 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.
4.
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).
c.
Final Approval of Major Subdivisions.
1.
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.
2.
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
(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.
3.
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.
4.
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.
5.
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.
6.
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.
d.
Effect of Final Approval of Major Subdivisions.
1.
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.
2.
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.
[Ord. #006-2002, § 1]
a.
Preliminary Site Plan Approval.
1.
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.
2.
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.
3.
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.
4.
The Site Plan Committee, if established, shall review the application
and shall comment and make recommendations to the Planning Board.
5.
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.
b.
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.:
1.
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including, but not limited to, use
requirements; layout and design standards for streets, curbs and sidewalks;
lot 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.
2.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary site plan plat as the case may be; provided
such section(s) are designated on the approved preliminary plat.
3.
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.
4.
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).
5.
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.
c.
Final Approval of Site Plan.
1.
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.
2.
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.
3.
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.
4.
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.
d.
Effect of Final Approval of Site Plan.
1.
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.
2.
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.
[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.
[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.
[Ord. #006-2002, § 1; amended 8-9-2021 by Ord. No. 013-2021]
a.
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:
1.
The location of that portion which is to be subdivided in relation
to the entire tract;
2.
All existing structures within 200 feet of the proposed subdivision,
and wooded areas within the subdivision;
3.
The name of the owner and of all adjoining property owners as disclosed
by the most recent municipal tax records;
4.
The tax map sheet block and lot number;
5.
All existing and proposed streets and roads within 200 feet of the
subdivision, with rights-of-way indicated and topographical features
such as swamps;
6.
All proposed lot lines and existing lot lines proposed to be eliminated;
7.
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;
8.
Proposed drainage facilities;
9.
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.
19.
Boundary
for Special Flood Hazard Area, flood hazard designation and line of
Limit of Moderate Wave Action (LIMWA).
b.
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:
1.
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;
2.
Marshes, ponds, streams and land subject to flooding in the subdivision
and within 200 feet thereto;
3.
The plat shall show building setback lines. Such setback lines shall
be as specified in the Upper Township Development Plan and Zoning
Ordinance;
4.
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;
5.
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.
6.
Boundary
for Special Flood Hazard Area, flood hazard designation and line of
Limit of Moderate Wave Action (LIMWA).
c.
The minor subdivision plat shall be accompanied by the following
documents:
1.
Certification from the Tax Collector that all taxes are paid to date;
2.
Two paper copies and one mylar copy of the minor subdivision plat;
3.
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.
[Ord. #006-2002, § 1; amended 8-9-2021 by Ord. No. 013-2021]
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.
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;
b.
Title block:
1.
Name of subdivision, municipality and county;
2.
Name and address of subdivider;
3.
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;
4.
Name, address, signature and license number of the professional person
who prepared the drawing;
5.
Acreage of tract to be subdivided to nearest tenth of an acre; and
6.
Total number of proposed lots;
c.
Scale and north arrow;
d.
Date of original preparation and of each subsequent revision thereof;
e.
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;
f.
Subdivision boundary line (heavy solid line);
g.
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;
h.
Street rights-of-way within the subdivision and within 200 feet of
its boundaries:
1.
Name of each street;
2.
Location and width;
3.
Centerline elevation at intersections and other critical points;
4.
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;
j.
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;
k.
Existing and proposed contours at one foot intervals; all contour
lines shall be referenced to the New Jersey Geodetic Control Survey
Datum;
m.
Drainage characteristics shall be shown in the following manner to
comply with Cape May County regulations:
1.
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;
2.
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;
3.
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;
4.
The boundaries of the flood plains of all watercourses and tidal
waters within or adjacent to the subdivision (if defined);
5.
Profile of stream bed 300 feet upstream and downstream from the proposed
property limits of development;
n.
The total acreage in the drainage basin of any watercourse running
through or adjacent to a subdivision in the area upstream of the subdivision;
o.
The total acreage in the drainage basin to the nearest downstream
drainage structure and the acreage in the subdivision which drains
to the structure;
p.
The location and extent of drainage and conservation easements and
limits of stream encroachment lines;
q.
The location, extent and water level elevation of all existing or
proposed lakes or ponds within or adjacent to the subdivision;
r.
The preliminary plat shall show or be accompanied by plans and computations
certified by licensed engineer for any storm drainage system, including
the following:
1.
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;
2.
The location and extent of any proposed ground water recharge basins,
retention basins or other water or soil conservation devices;
s.
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.
t.
The preliminary plat shall show or be accompanied by plans showing
existing and proposed sanitary sewerage facilities serving the subdivision,
including the following:
1.
Location, size and slope of all sanitary sewer lines, pumping stations
and connections to existing facilities;
2.
Location of any proposed sanitary sewage treatment plants; and
3.
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;
4.
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.
u.
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;
v.
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.
w.
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);
x.
A certification from the Tax Collector that all taxes are paid to
date shall accompany the preliminary plat;
y.
A copy of any protective covenants or deed restrictions applying
to the land being subdivided shall be submitted with the preliminary
plat; and
z.
The proposed permanent monuments shall be shown.
aa.
Boundary
for Special Flood Hazard Area, flood hazard designation and line of
Limit of Moderate Wave Action (LIMWA).
[Ord. #006-2002, § 1; amended 8-9-2021 by Ord. No. 013-2021]
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:
a.
Date of submission, name and location of the subdivision and the
name of the owner;
b.
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;
c.
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;
d.
Designation of the purpose of any easement of land set aside for
public use and notation of proposed use of any nonresidential sites;
e.
Zoning boundaries and the zoning designation of all adjacent lands;
f.
Block and lot numbers in conformity with existing tax map procedures;
h.
Location and description of monuments set and monuments to be set;
i.
The final plat shall be accompanied by the following documents:
1.
Certification from the Tax Collector that all taxes are paid to date;
2.
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;
3.
Cross-section and profile drawings of streets as approved by the
Township Engineer; and
4.
Plans and profiles of storm and sanitary sewers and water mains as
approved by the Township Engineer;
5.
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.
6.
Two paper copies and one mylar copy of the final plat.
7.
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.
j.
Boundary
for Special Flood Hazard Area, flood hazard designation and line of
Limit of Moderate Wave Action (LIMWA).
[Ord. #006-2002, § 1; amended 8-9-2021 by Ord. No. 013-2021]
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:
a.
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.
b.
Existing and proposed streets, parking spaces, loading areas and
driveways.
c.
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.
e.
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.
f.
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]
g.
Boundary
for Special Flood Hazard Area, flood hazard designation and line of
Limit of Moderate Wave Action (LIMWA).
[Ord. #006-2002, § 1; amended 8-9-2021 by Ord. No. 013-2021]
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:
a.
All details required for preliminary approval shall be included.
b.
All additional details and/or minor revisions which may have been
specified as part of the preliminary approval.
c.
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]
d.
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.
e.
Proposed lighting facilities shall be included showing the direction
and reflection of lighting.
g.
Boundary
for Special Flood Hazard Area, flood hazard designation and line of
Limit of Moderate Wave Action (LIMWA).
[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.
[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.
[Ord. #006-2002, § 1; Ord. #001-2004, § 2;
Ord. #009-2007, § 1]
a.
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.
b.
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.
c.
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.
d.
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.
e.
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%
|
f.
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.
g.
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.)
1.
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.
2.
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.
3.
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.
4.
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.
h.
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.
i.
Where streets have a reverse curve, a tangent of at least 100 feet
in length shall be required.
j.
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.
k.
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:
l.
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
m.
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.
n.
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.
o.
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.
p.
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
q.
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.
r.
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
s.
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:
1.
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.
2.
The base course shall consist of six inches of soil aggregate type
1-5, constructed according to N.J.D.O.T standard specifications.
3.
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.
4.
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.
5.
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.
t.
Street and Driveway. In order to maintain adequate level of service
along the Township's roadways all new streets, residential development
and nonresidential development.
1.
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.
2.
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).
3.
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.
[Ord. #006-2002, § 1]
a.
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.
b.
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.
c.
All street name and traffic control signs shall be installed free
of visual obstruction.
d.
An extra set of street name signs shall be provided to the Township
Road Department.
[Ord. #006-2002, § 1]
a.
Curbs and catch basins shall be installed in the following zoning
districts as established in the Upper Township Zoning Ordinance:[1]
[Amended 8-9-2021 by Ord. No. 013-2021]
|
CM2
|
Commercial District
|
|
CM4
|
Rural Density Commercial District
|
|
CMP
|
Commercial District Pinelands
|
|
MTCD
|
Marmora Town Center District
|
|
RR
|
Resort Residential
|
|
RC
|
Resort Commercial
|
|
TC
|
Town Center
|
|
TCC
|
Town Center Core
|
|
TV
|
Tuckahoe Village
|
|
WTC
|
Waterfront Town Center
|
b.
Gutters shall be installed in areas where the street grade is less
than 0.5% and in areas where required by the Township Engineer.
c.
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
d.
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.
e.
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.
f.
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.
g.
The curb shall be laid in a workmanlike manner as directed and approved
by the Township Engineer.
h.
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.
i.
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.
[Ord. #006-2002, § 1; Ord. #011-2016 § 1;
amended 8-9-2021 by Ord. No. 013-2021]
a.
Sidewalks shall be provided in the following zones as designated
in the Upper Township Zoning Ordinance:
|
CM2
|
Commercial District
|
|
CM4
|
Rural Density Commercial District
|
|
CMP
|
Commercial District Pinelands
|
|
MTCD
|
Marmora Town Center District
|
|
RR
|
Resort Residential
|
|
RC
|
Resort Commercial
|
|
TC
|
Town Center
|
|
TCC
|
Town Center Core
|
|
TV
|
Tuckahoe Village
|
|
WTC
|
Waterfront Town Center
|
b.
Where required, sidewalks shall be five 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 Department
of Transportation Specifications.
c.
All sidewalks shall be constructed of four inches of concrete except
where the sidewalk acts as a driveway apron at which shall be at least
six inches.
d.
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.
[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.
[Ord. #006-2002, § 1]
[Ord. #006-2002, § 1; Ord. #015-2006, § 1;
Ord. #009-2007, § 1; amended 8-28-2023 by Ord. No. 013-2023]
a.
Scope and Purpose.
1.
Policy Statement. Flood control, groundwater recharge, erosion control
and pollutant reduction shall be achieved using stormwater management
measures, including green infrastructure best management practices
(BMPs) and nonstructural stormwater management strategies. Green infrastructure
BMPs and low impact development should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. Green infrastructure BMPs and low impact development
should be developed based upon physical site conditions and the origin,
nature and the anticipated quantity, or amount, of potential pollutants.
Multiple stormwater management BMPs may be necessary to achieve the
established performance standards for water quality, quantity, and
groundwater recharge contained in this Section.
2.
Purpose. The purpose of this section is to establish minimum stormwater
management requirements and controls as authorized by the New Jersey
Department of Environmental Protection (NJDEP) Stormwater Management
Regulations (N.J.A.C. 7:8-1.1 et seq.) and the Pinelands Protection
Act (N.J.S.A. 13:18A-1 et seq.) and consistent with the Pinelands
Comprehensive Management Plan (CMP) (N.J.A.C. 7:50-1.1 et seq.). The
standards in this section are intended to minimize the adverse impact
of stormwater runoff on water quality and water quantity, to facilitate
groundwater recharge, and to control and minimize soil erosion, stream
channel erosion, sedimentation and pollution associated with stormwater
runoff. Moreover, Pinelands Area resources are to be protected in
accordance with the antidegradation policies contained in the New
Jersey Surface Water Quality Standards (N.J.A.C. 7:9B-1.1 et seq.).
Additionally, this section is intended to ensure the adequacy of existing
and proposed culverts and bridges and to protect public safety through
the proper design and operation of stormwater BMPs. If there are any
conflicts between a provision required by the Pinelands CMP and a
provision required by the NJDEP, the Pinelands CMP provision shall
apply.
3.
Applicability.
(a)
The terms "development," "major development" and "minor development"
are defined in § 17-7.7b in accordance with the Pinelands
CMP (N.J.A.C. 7:50-2.11) and the NJDEP Stormwater Management Regulations
(N.J.A.C. 7:8-1.2).
(b)
This Section shall apply to all major development, and to minor
development within the Pinelands Area meeting the following criteria:
(1)
Development involving the construction of four or fewer dwelling
units;
(2)
Development involving any non-residential use and resulting
in an increase of greater than 1,000 square feet of regulated motor
vehicle surfaces; and
(3)
Development involving the grading, clearing, or disturbance
of an area in excess of 5,000 square feet within any five-year period.
For development meeting this criterion, the stormwater management
standards for major development set forth in this section shall apply.
(c)
This section shall apply to all development meeting the criteria
of paragraph (b) above that is undertaken by Upper Township.
4.
Compatibility with Other Permit and Ordinance Requirements.
(a)
Development approvals issued pursuant to this section are to
be considered an integral part of development approvals and do not
relieve the applicant of the responsibility to secure required permits
or approvals for activities regulated by any other applicable code,
rule, act, or ordinance. In their interpretation and application,
the provisions of this section shall be held to be the minimum requirements
for the promotion of the public health, safety, and general welfare.
(b)
This section is not intended to interfere with, abrogate, or
annul any other ordinances, rule or regulation, statute, or other
provision of law except that, where any provision of this section
imposes restrictions different from those imposed by any other ordinance,
rule or regulation, or other provision of law, the more restrictive
provisions or higher standards shall control.
(c)
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 Pinelands Commission for certification within
six months of the adoption of the RSWMP per N.J.A.C. 7:8 and the Pinelands
CMP.
b.
CAFRA CENTERS, CORES OR NODES
CAFRA PLANNING MAP
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
1.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
2.
3.
DISTURBANCE
DRAINAGE AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HIGH POLLUTANT LOADING AREAS
HUC-11 or HYDROLOGIC UNIT CODE 11
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
MAJOR DEVELOPMENT
1.
(a)
(b)
(c)
(d)
2.
(a)
(b)
(c)
(d)
(e)
MINOR DEVELOPMENT
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NUTRIENT
PERMEABILITY
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
1.
2.
3.
4.
REGULATED MOTOR VEHICLE SURFACE
1.
2.
SEASONAL HIGH WATER TABLE
SEDIMENT
SITE
SOIL
SOURCE MATERIAL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER RUNOFF
TIDAL FLOOD HAZARD AREA
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLAND TRANSITION AREA
WETLANDS or WETLAND
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the NJDEP Stormwater Management
Rules at N.J.A.C. 7:8-1.2 unless otherwise defined in the Pinelands
CMP at N.J.A.C. 7:50-2.11 in which case the definition corresponds
to the CMP definition.
Means those areas with boundaries incorporated by reference
or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
Means the map used by the Department to identify the location
of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
Means an infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this section.
Means the increase in soil bulk density.
Means the area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
Means a pedestrian-oriented area of commercial and civic
uses serving the surrounding municipality, generally including housing
and access to public transportation.
Means an agency designated by the County Commissioners to
review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
Means 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.
Means a State Development and Redevelopment Plan Center as
designated by the State Planning Commission such as urban, regional,
town, village, or hamlet.
Means:
Within the Pinelands Area, 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:
A change in type of use of a structure or land;
A reconstruction, alteration of the size, or material change
in the external appearance of a structure or land;
A material increase in the intensity of use of land, such as
an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land;
Commencement of resource extraction or drilling or excavation
on a parcel of land;
Demolition of a structure or removal of trees;
Commencement of forestry activities;
Deposit of refuse, solid or liquid waste or fill on a parcel
of land;
In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
material; and
Alteration, either physically or chemically, of a shore, bank,
or flood plain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
Outside the Pinelands Areas, the division of a parcel of land
into two or more parcels, the construction, reconstruction, conversion,
structural alteration, relocation or enlarge-enlargement of any building
or structure, any mining excavation or landfill, and any use or change
in the use of any building or other structure, or land or extension
of use of land, for which permission is required under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
In the case of development on agricultural land, i.e. lands
use for an agricultural use or purpose as defined at N.J.A.C. 7:50-2.11,
development means: any activity that requires a State permit, any
activity reviewed by the County Agricultural Board (CAB) and the State
Agricultural Development Committee (SADC), and municipal review of
any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1
et seq.
Means the placement or reconstruction of impervious surface
or motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
Means a geographic area within which stormwater runoff, sediments,
or dissolved materials drain to a particular receiving waterbody or
to a particular point along a receiving waterbody.
Means an area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the NJDEP Landscape Project
as approved by the NJDEP Endangered and Nongame Species Program.
Means the detachment and movement of soil or rock fragments
by water, wind, ice, or gravity.
Means a stormwater management measure that manages stormwater
close to its source by:
Means areas in industrial and commercial developments where
solvents and/or petroleum products are loaded/unloaded, stored, or
applied, areas where pesticides are loaded/unloaded or stored; areas
where hazardous materials are expected to be present in greater than
"reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with NJDEP approved remedial action work plan or landfill
closure plan and areas with high risks for spills of toxic materials,
such as gas stations and vehicle maintenance facilities.
Means an area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by an 11-digit hydrologic unit boundary designation, delineated within
New Jersey by the United States Geological Survey.
Means an area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a 14-digit hydrologic unit boundary designation, delineated within
New Jersey by the United States Geological Survey.
Means any surface that has been compacted or covered with
a layer of material so that it prevents, impedes or slows infiltration
or absorption of fluid, including stormwater directly into the ground,
and results in either reduced groundwater recharge or increased stormwater
runoff sufficient to be classified as impervious in Urban Areas by
the United States Department of Agriculture, Natural Resources Conservation
Service Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology
(WINTR-55) Version 1.0, incorporated herein by reference, as amended
and supplemented, available with user guide and tutorials at http://www.wsi.nrcs.usda.gov/products/W2Q/H&H/Tools_Models/WinTr55.html
or at Natural Resources Conservation Service, 220 Davidson Avenue,
Somerset, NJ 08873. Such surfaces may have varying degrees of permeability.
Is the process by which water seeps into the soil from precipitation.
Means:
Within the Pinelands Area:
Any division of land into five or more lots; or
Any construction or expansion of any housing development of
five or more dwelling units; or
Any construction or expansion of any commercial or industrial
use or structure on a site of more than three acres; or
Any grading, clearing or disturbance of an area in excess of
5,000 square feet.
Outside the Pinelands Area, an individual "development," as
well as multiple developments that individually or collectively result
in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of "regulated impervious surface"
since February 2, 2004;
The creation of 1/4 acre or more of "regulated motor vehicle
surface" since March 2, 2021; or
A combination of paragraphs (b) and (c) above that totals an
area of 1/4 acre or more. The same surface shall not be counted twice
when determining if the combination area equals 1/4 acre or more.
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of paragraphs (a), (b), (c) or (d) above. Projects undertaken by any
government agency that otherwise meet the definition of "major development"
but which do not require approval under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq., are also considered "major development."
Means all development other than major development.
Means land vehicles propelled other than by muscular power,
such as automobiles, motorcycles, autocycles, and low speed vehicles.
For the purposes of this definition, motor vehicle does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Means any pervious or impervious surface that is intended
to be used by "motor vehicles" and/or aircraft, and is directly exposed
to precipitation including, but not limited to, driveways, parking
areas, parking garages, roads, racetracks, and runways.
Means the manual maintained by the NJDEP providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the NJDEP as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the NJDEP as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the NJDEP's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with § 19-7.7c6 and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.
Means an area designated by the State Planning Commission
concentrating facilities and activities which are not organized in
a compact form.
Means a chemical element or compound, such as nitrogen or
phosphorus, which is essential to and promotes the development of
organisms.
Means the rate at which water moves through a unit area of
soil, rock, or other material at hydraulic gradient of one.
Means an individual, corporation, public agency, business
trust, partnership, association, two or more persons having a joint
or common interest, or any other legal entity.
Means any dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge,
munitions, chemical wastes, biological materials, medical wastes,
radioactive substance (except those regulated under the Atomic Energy
Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)),
thermal waste, wrecked or discarded equipment, rock, sand, cellar
dirt, industrial, municipal, agricultural, and construction waste
or runoff, or other residue discharged directly or indirectly to the
land, ground waters or surface waters of the State, or to a domestic
treatment works. "Pollutant" includes both hazardous and nonhazardous
pollutants.
Means the amount of water from precipitation that infiltrates
into the ground and is not evapotranspired.
Means any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Means any of the following, alone or in combination:
A net increase in motor vehicle surface; and/or
The total area of motor vehicle surface that is currently receiving
water quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant, where the water quality treatment will be modified or removed.
Means the level below the natural surface of the ground to
which water seasonally rises in the soil in most years.
Means 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.
Means the lot or lots upon which development is to occur
or has occurred.
Means all unconsolidated mineral and organic material of
any origin.
Means any material(s) or machinery, located at an industrial
facility, that is directly or indirectly related to process, manufacturing
or other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
Means an area delineated on the State Plan Policy Map and
adopted by the State Planning Commission that is intended to be the
focus for much of the State's future redevelopment and revitalization
efforts.
Is defined as the geographic application of the State Development
and Redevelopment Plan's goals and statewide policies, and the
official map of these goals and policies.
Means 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.
Means an excavation or embankment and related areas designed
to retain stormwater runoff. A stormwater management BMP may either
be normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Means any practice, technology, process, program, or other
method intended to control or reduce stormwater runoff and associated
pollutants, or to induce or control the infiltration or groundwater
recharge of stormwater or to eliminate illicit or illegal non-stormwater
discharges into stormwater conveyances.
Means water flow on the surface of the ground or in storm
sewers, resulting from precipitation.
Means a flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
Means a structure within, or adjacent to, a water, which
intentionally or coincidentally alters the hydraulic capacity, the
flood elevation resulting from the two-, ten-, or 100-year storm,
flood hazard area limit, and/or floodway limit of the water. Examples
of a water control structure may include a bridge, culvert, dam, embankment,
ford (if above grade), retaining wall, and weir.
Means the ocean and its estuaries, all springs, streams,
wetlands, and bodies of surface or groundwater, whether natural or
artificial, within the boundaries of the State of New Jersey or subject
to its jurisdiction.
Means an area within 300 feet of any wetland.
Means 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 N.J.A.C. 7:50-2.11, 6.3, 6.4 and 6.5.
c.
Stormwater Management Requirements.
1.
Stormwater management measures for development regulated under this
section shall be designed to provide erosion control, groundwater
recharge, stormwater runoff quantity control and stormwater runoff
quality treatment in accordance with this section.
(a)
Major development shall meet the minimum design and performance
standards for erosion control established under the Soil Erosion and
Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules
at N.J.A.C. 2:90 and 16:25A.
(c)
Outside the Pinelands Area, the following linear development projects are exempt from the groundwater recharge, stormwater runoff quality and stormwater runoff quantity requirements of § 19-7.7c15, 16, and 17:
(1)
The construction of an underground utility line provided that
the disturbed areas are revegetated upon completion;
(2)
The construction of an aboveground utility line provided that
the existing conditions are maintained to the maximum extent practicable;
and
(3)
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
(d)
Outside the Pinelands Area, a waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 19-7.7c14, 15, 16, and 17 may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(1)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(4)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under (3) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 19-7.7c14, 15, 16, and 17 that were not achievable onsite.
2.
All development regulated under this section shall incorporate a maintenance plan for the stormwater management measures in accordance with § 19-7.7i.
3.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species in accordance
with N.J.A.C. 7:8-5.2(c) and N.J.A.C. 7:50-6.27 and 6.33.
4.
Tables 1, 2, and 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater BMP Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 19-7.7c14, 15, 16, and 17. When designed in accordance with the most current version of the New Jersey Stormwater BMP Manual and this section, the stormwater management measures found in Tables 1, 2, and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater BMP Manual to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the NJDEP shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the NJDEP website at: https://njstormwater.org/bmp_manual2.htm.
5.
Where the BMP tables at N.J.A.C. 7:8-5.2(f) differ with Tables 1, 2 and 3 below due to amendment, the BMP Tables at N.J.A.C. 7:8-5.2(f) shall take precedence, except that in all cases the lowest point of infiltration must maintain a minimum separation of two feet to seasonal high water table as required by § 19-7.7c8(b), unless otherwise noted.
|
Table 1: Green Infrastructure BMPs for Groundwater Recharge,
Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(Feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry Well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass Swale
|
50 or less
|
No
|
No
|
2(e)
|
|
1(f)
| ||||
|
Green Roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured Treatment Device(a), (g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious Paving System(a)
|
80
|
Yes
|
Yes(b)
|
2(b)
|
|
No(c)
|
2(c)
| |||
|
Small-Scale Bioretention Basin(a)
|
80 or 90
|
Yes
|
Yes(b)
|
2(b)
|
|
No(c)
|
1(c)
| |||
|
Small-Scale Infiltration Basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small Scale Sand Filter(a)
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative Filter Strip
|
60-80
|
No
|
No
|
—
|
|
Table 2: Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality with
a Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(Feet)
|
|
Bioretention System
|
80 or 90
|
Yes
|
Yes(b)
|
2(b)
|
|
No(c)
|
1(c)
| |||
|
Infiltration Basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand Filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard Constructed Wetland
|
90
|
Yes
|
No
|
2(i)
|
|
Wet Pond(d)
|
50-90
|
Yes
|
No
|
2(i)
|
|
Table 3: BMPs for Groundwater Recharge, Stormwater Runoff Quality,
and/or Stormwater Runoff Quantity only with a Variance from N.J.A.C.
7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(Feet)
|
|
Blue Roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended Detention Basin
|
40-60
|
Yes
|
No
|
2
|
|
Manufactured Treatment Device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand Filter(c)
|
80
|
Yes
|
No
|
2
|
|
Subsurface Gravel Wetland
|
90
|
No
|
No
|
2
|
|
Wet Pond
|
50-90
|
Yes
|
No
|
2(i)
|
|
Footnotes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 19-7.7c14(b).
|
|
(b)
|
Designed to infiltrate into the subsoil.
|
|
(c)
|
Designed with underdrains, where stormwater percolates into
the underdrain through the soils and is not directed to the underdrain
by an outlet control structure.
|
|
(d)
|
Designed to maintain at least a ten-foot wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation.
|
|
(e)
|
Designed with a slope of less than 2%.
|
|
(f)
|
Designed with a slope of equal to or greater than 2%.
|
|
(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at § 19-7.7b.
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at § 19-7.7b.
|
|
(i)
|
The top elevation of the impermeable layer or liner must maintain
this two-foot minimum separation to the seasonal high water table.
|
6.
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the NJDEP and the Pinelands Commission in accordance with § 19-7.7e2. Alternative stormwater management measures may be used to satisfy the requirements at § 19-7.7c14 only if the measures meet the definition of green infrastructure at § 19-7.7b. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 19-7.7c14(b) are subject to the contributory drainage area limitation specified at § 19-7.7c14(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at § 19-7.7c14(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with § 19-7.7j or a waiver from strict compliance in accordance with § 19-7.7c1(d) is granted from § 19-7.7c14.
7.
Hydraulic Impacts.
(a)
For all major development, groundwater mounding analysis shall
be required for purposes of assessing the hydraulic impacts of mounding
of the water table resulting from infiltration of stormwater runoff
from the maximum storm designed for infiltration. The mounding analysis
shall provide details and supporting documentation on the methodology
used. Groundwater mounds shall not cause stormwater or groundwater
to breakout to the land surface or cause adverse impacts to adjacent
water bodies, wetlands, or subsurface structures, including, but not
limited to, basements and septic systems. Where the mounding analysis
identifies adverse impacts, the stormwater management measure shall
be redesigned or relocated, as appropriate.
(b)
For all applicable minor development, a design engineer's
certification that each green infrastructure stormwater management
measure will not adversely impact basements or septic systems of the
proposed development shall be required.
8.
Design standards for stormwater management measures are as follows:
(a)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; wetland transition areas;
flood-prone areas; slopes; depth to seasonal high water table; soil
type, permeability, and texture; drainage area and drainage patterns;
and the presence of solution-prone carbonate rocks (limestone);
(b)
Stormwater management measures designed to infiltrate stormwater
shall be designed, constructed, and maintained to provide a minimum
separation of at least two feet between the elevation of the lowest
point of infiltration and the seasonal high water table;
(c)
Stormwater management measures designed to infiltrate stormwater
shall be sited in suitable soils verified by testing to have permeability
rates between one and 20 inches per hour. A factor of safety of two
shall be applied to the soil's permeability rate in determining
the infiltration measure's design permeability rate. If such
soils do not exist on the parcel proposed for development or if it
is demonstrated that it is not practical for engineering, environmental,
or safety reasons to site the stormwater infiltration measure(s) in
such soils, the stormwater infiltration measure(s) may be sited in
soils verified by testing to have permeability rates in excess of
20 inches per hour, provided that stormwater is routed through a bioretention
system prior to infiltration. Said bioretention system shall be designed,
installed, and maintained in accordance with the New Jersey Stormwater
BMP Manual;
(d)
The use of stormwater management measures that are smaller in
size and distributed spatially throughout a parcel, rather than the
use of a single, larger stormwater management measure shall be required;
(e)
Methods of treating stormwater prior to entering any stormwater
management measure shall be incorporated into the design of the stormwater
management measure to the maximum extent practical;
(f)
To avoid sedimentation that may result in clogging and reduction
of infiltration capability and to maintain maximum soil infiltration
capacity, the construction of stormwater management measures that
rely upon infiltration shall be managed in accordance with the following
standards:
(1)
No stormwater management measure shall be placed into operation
until its drainage area has been completely stabilized. Instead, upstream
runoff shall be diverted around the measure 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 N.J.A.C. 2:90;
(2)
If, for engineering, environmental, or safety reasons, temporary
stormwater management facilities and sediment basins cannot be constructed
on the parcel in accordance with paragraph (1) above, the stormwater
management measure may be placed into operation prior to the complete
stabilization of its drainage area provided that the measure's
bottom during this period is constructed at a depth at least two feet
higher than its final design elevation. When the drainage area has
been completely stabilized, all accumulated sediment shall be removed
from the stormwater management measure, which shall then be excavated
to its final design elevation; and
(3)
To avoid compacting the soils below a stormwater management
measure designed to infiltrate stormwater, no heavy equipment, such
as backhoes, dump trucks, or bulldozers shall be permitted to operate
within the footprint of the stormwater management measure. All excavation
required to construct a stormwater management measure that relies
on infiltration shall be performed by equipment placed outside the
footprint of the stormwater management measure. If this is not possible,
the soils within the excavated area shall be renovated and tilled
after construction is completed. Earthwork associated with stormwater
management measure construction, including excavation, grading, cutting,
or filling, shall not be performed when soil moisture content is above
the lower plastic limit;
(g)
Dry wells shall be designed to prevent access by amphibian and
reptiles;
(h)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm established at § 19-7.7c16(d). For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 19-7.7g3(a);
(i)
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement;
(j)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 19-7.7g; and
(k)
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of 2 1/2 inches
in diameter.
9.
Manufactured treatment devices may be used to meet the requirements of this section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the NJDEP. Manufactured treatment devices that do not meet the definition of green infrastructure at § 19-7.7b may be used only under the circumstances described at § 19-7.7c14(d).
10.
Any application for a new agricultural development that meets the definition of major development at N.J.A.C. 7:8-1.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 19-7.7c14, 15, 16, and 17 and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
11.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 19-7.7c15, 16, and 17 shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
12.
Any stormwater management measure authorized under the municipal stormwater management plan or this Section shall be reflected in a deed notice recorded in the Cape May County Clerk's Office. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 19-7.7c14, 15, 16, and 17 and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 19-7.7i2(e). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
13.
A stormwater management measure approved under the municipal stormwater management plan or this Section may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards contained in § 19-7.7c15, 16, and 17 and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Cape May County Clerk's Office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with paragraph 12 above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with paragraph 12 above.
14.
Green Infrastructure Standards.
(a)
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards of this section.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at § 19-7.7c15 and 16, the design engineer shall utilize BMPs identified in Table 1 at § 19-7.7c5 and/or an alternative stormwater management measure approved in accordance with § 19-7.7c6. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry Well
|
1 acre
|
|
Manufactured Treatment Device
|
2.5 acres
|
|
Pervious Pavement System
|
Area of additional inflow cannot exceed 3 times the area occupied
by the BMP
|
|
Small-scale Bioretention Systems
|
2.5 acres
|
|
Small-scale Infiltration Basin
|
2.5 acres
|
|
Small-scale Sand Filter
|
2.5 acres
|
(d)
If a variance in accordance with § 19-7.7j or a waiver from strict compliance in accordance with § 19-7.7c1(d) is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3 at § 19-7.7c5 and/or an alternative stormwater management measure approved in accordance with § 19-7.7c6 may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 19-7.7c15, 16, and 17.
(e)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at § 19-7.7c15, 16, and 17 unless the project is granted a waiver from strict compliance in accordance with § 19-7.7c1(d).
15.
Groundwater Recharge Standards.
(a)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows:
(b)
For all major development in the Pinelands Area, 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
onsite and outside the Pinelands area the total runoff volume generated
from the net increase in impervious surfaces by the one-year storm
shall be retained an infiltrated onsite.
(c)
For minor development that involves the construction of four
or fewer dwelling units, the runoff generated from the total roof
area of the dwelling(s) by a ten-year, twenty-four-hour storm shall
be retained and infiltrated through installation of one or more green
infrastructure stormwater management measures designed in accordance
with the New Jersey Stormwater BMP Manual. Appropriate green infrastructure
stormwater management measures include, but are not limited to dry
wells, pervious pavement systems, and small scale bioretention systems,
including rain gardens.
(d)
For minor development that involves any nonresidential use and
will result in an increase of greater than 1,000 square feet of regulated
motor vehicle surfaces, the water quality design storm volume generated
from these surfaces shall be recharged onsite.
(e)
Stormwater from areas of high pollutant loading and/or industrial stormwater exposed to source material shall only be recharged in accordance with § 19-7.7c16(h).
16.
Stormwater Runoff Quality Standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of:
(1)
Major development;
(2)
In the Pinelands Area: Minor development that involves any nonresidential
use and will result in an increase of greater than 1,000 square feet
of regulated motor vehicle surfaces; and
(3)
In the Pinelands Area: Any development involving the grading,
clearing, or disturbance of an area in excess of 5,000 square feet
within any five-year period.
(b)
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm established at § 19-7.7c16(d) as follows:
(1)
Eighty percent TSS removal of the anticipated load, expressed
as an annual average shall be achieved for the stormwater runoff from
the net increase of motor vehicle surface.
(2)
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
(c)
The requirement to reduce TSS does not apply to any stormwater
runoff in a discharge regulated under a numeric effluent limitation
for TSS imposed under the New Jersey Pollutant Discharge Elimination
System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically
exempt under a NJPDES permit from this requirement. Every major development,
including any that discharge into a combined sewer system, shall comply
with paragraph (b) above, unless the major development is itself subject
to a NJPDES permit with a numeric effluent limitation for TSS or the
NJPDES permit to which the major development is subject exempts the
development from a numeric effluent limitation for TSS.
(d)
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
|
Table 4: Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.0083
|
45
|
0.2
|
85
|
1.117
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.235
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.0166
|
50
|
0.2583
|
90
|
1.15
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.155
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.16
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.165
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.17
|
|
15
|
0.025
|
55
|
0.3583
|
95
|
1.175
|
|
16
|
0.03
|
56
|
0.4116
|
96
|
1.18
|
|
17
|
0.035
|
57
|
0.465
|
97
|
1.185
|
|
18
|
0.04
|
58
|
0.5183
|
98
|
1.19
|
|
19
|
0.045
|
59
|
0.5717
|
99
|
1.195
|
|
20
|
0.05
|
60
|
0.625
|
100
|
1.2
|
|
21
|
0.055
|
61
|
0.6783
|
101
|
1.205
|
|
22
|
0.06
|
62
|
0.7317
|
102
|
1.21
|
|
23
|
0.065
|
63
|
0.785
|
103
|
1.215
|
|
24
|
0.07
|
64
|
0.8384
|
104
|
1.22
|
|
25
|
0.075
|
65
|
0.8917
|
105
|
1.225
|
|
26
|
0.08
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.085
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09
|
68
|
0.9517
|
108
|
1.23
|
|
29
|
0.095
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.1
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.1066
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.1132
|
72
|
1.015
|
112
|
1.2367
|
|
33
|
0.1198
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.1264
|
74
|
1.0383
|
114
|
1.24
|
|
35
|
0.133
|
75
|
1.05
|
115
|
1.2417
|
|
36
|
0.1396
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.1462
|
77
|
1.0636
|
117
|
1.245
|
|
38
|
0.1528
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.1594
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.166
|
80
|
1.084
|
120
|
1.25
|
(e)
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
| ||
|
Where:
| ||
|
R
|
=
|
total TSS Percent Load Removal from application of both BMPs.
|
|
A
|
=
|
the TSS Percent Removal Rate applicable to the first BMP.
|
|
B
|
=
|
the TSS Percent Removal Rate applicable to the second BMP.
|
(f)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm established at § 19-7.7c16(d). In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in § 19-7.7c15, 16, and 17.
(g)
For all major development in the Pinelands Area, stormwater management measures shall be designed to achieve a minimum of 65% reduction of the post-construction total nitrogen load from the developed site, including those permanent lawn or turf areas that are specifically intended for active human use as described at N.J.A.C. 7:50-6.24(c)3, in stormwater runoff generated from the water quality design storm established at § 19-7.7c16(d). In achieving a minimum 65% reduction of total nitrogen, the design of the site shall include green infrastructure in accordance with the New Jersey Stormwater BMP Manual and shall optimize nutrient removal. The minimum 65% total nitrogen reduction may be achieved by using a singular stormwater management measure or multiple stormwater management measures in series.
(h)
In high pollutant loading areas (HPLAs) and/or areas where stormwater runoff is exposed to source material, as defined in § 19-7.7b, the following additional water quality standards shall apply:
(1)
The areal extent and amount of precipitation falling directly
on or flowing over HPLAs and/or areas where stormwater is exposed
to source material shall be minimized through the use of roof covers,
canopies, curbing or other physical means to the maximum extent practical
in order to minimize the quantity of stormwater generated from HPLA
areas and areas where stormwater runoff is exposed to source material;
(2)
The stormwater runoff originating from HPLAs and/or areas where
stormwater runoff is exposed to source material shall be segregated
and prohibited from co-mingling with stormwater runoff originating
from the remainder of the parcel unless it is first routed through
one or more stormwater management measures required at paragraph (3)
below;
(3)
The stormwater runoff from HPLAs and/or areas where stormwater runoff is exposed to source material shall incorporate stormwater management measures designed to reduce the post-construction load of TSS by at least 90% in stormwater runoff generated from the water quality design storm established at § 19-7.7c16(d) using one or more of the measures identified at i. or ii. below. In meeting this requirement, the minimum 90% removal of total suspended solids may be achieved by utilizing multiple stormwater management measures in series:
(i)
Any measure designed in accordance with the New
Jersey Stormwater BMP Manual to remove total suspended solids. Any
such measure must be constructed to ensure that the lowest point of
infiltration within the measure maintains a minimum of two feet of
vertical separation from the seasonal high-water table; and
(ii)
Other measures certified by the NJDEP, including
a Media Filtration System manufactured treatment device with a minimum
80% removal of total suspended solids as verified by the New Jersey
Corporation for Advanced Technology; and
(4)
If the potential for contamination of stormwater runoff by petroleum
products exists onsite, prior to being conveyed to the stormwater
management measure required at paragraph (3) above, the stormwater
runoff from the HPLAs and areas where stormwater runoff is exposed
to source material shall be conveyed through an oil/grease separator
or other equivalent manufactured filtering device providing for the
removal of petroleum hydrocarbons. The applicant shall provide the
review agency with sufficient data to demonstrate acceptable performance
of the device.
(i)
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
(j)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(k)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3.i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(l)
This stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
17.
Stormwater Runoff Quantity Standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts related to
applicable major and minor development.
(b)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 19-7.7d, complete one of the following:
(1)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same
storm events;
(2)
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the pre-construction condition, in
the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(3)
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75% and 80%, respectively, of the pre-construction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
(4)
In tidal flood hazard areas, stormwater runoff quantity analysis
in accordance with paragraphs (1), (2), and (3) above is required
unless the design engineer demonstrates through hydrologic and hydraulic
analysis that the increased volume, change in timing, or increased
rate of the stormwater runoff, or any combination of the three will
not result in additional flood damage below the point of discharge
of the major development. No analysis is required if the stormwater
is discharged directly into any ocean, bay, inlet, or the reach of
any watercourse between its confluence with an ocean, bay, or inlet
and downstream of the first water control structure.
(c)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse,
or receiving storm sewer system.
(d)
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 rate of discharge
into any wetlands, wetlands transition area, or surface water body
from that which existed prior to development of the parcel.
(e)
To the maximum extent practical, there shall be no direct discharge
of stormwater runoff onto farm fields to protect farm crops from damage
due to flooding, erosion, and long-term saturation of cultivated crops
and cropland.
18.
As-built requirements for major development are as follows:
(a)
After all construction activities have been completed on the
parcel and finished grade has been established in each stormwater
management measure designed to infiltrate stormwater, replicate post-development
permeability tests shall be conducted to determine if as-built soil
permeability rates are consistent with design permeability rates.
The results of such tests shall be submitted to the municipal engineer
or other appropriate reviewing engineer. If the results of the post-development
permeability tests fail to achieve the minimum required design permeability
rate, utilizing a factor of safety of two, the stormwater management
measure shall be renovated and re-tested until the required permeability
rates are achieved; and
(b)
After all construction activities and required testing have
been completed on the parcel, as-built plans, including as-built elevations
of all stormwater management measures shall be submitted to the municipal
engineer or other appropriate reviewing engineer to serve as a document
of record. Based upon that engineer's review of the as-built
plans, all corrections or remedial actions deemed necessary due to
the failure to comply with design standards and/or for any reason
concerning public health or safety, shall be completed by the applicant.
In lieu of review by the municipal engineer, the municipality may
engage a licensed professional engineer to review the as-built plans
and charge the applicant for all costs associated with such review.
d.
Calculation of Stormwater Runoff and Groundwater Recharge.
1.
Stormwater runoff shall be calculated by the design engineer using the USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented, except that the Rational Method for peak flow and the Modified Rational Method for hydrograph computations shall not be used. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873. In areas outside of the Pinelands Area the following method may be used: The Rational Method for peak flow and the Modified Rational Method for hydrograph computations. The rational and modified rational methods are described in "Appendix A-9 Modified Rational Method" in the Standards for Soil Erosion and Sediment Control in New Jersey, January 2014. This document is available from the State Soil Conservation Committee or any of the Soil Conservation Districts listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number for each Soil Conservation District is available from the State Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625. The document is also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
2.
In calculating stormwater runoff using the NRCS methodology, the
appropriate twenty-four-hour rainfall depths as developed for the
parcel by the National Oceanic and Atmospheric Administration, https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj,
shall be utilized.
3.
For the purpose of calculating runoff coefficients and groundwater
recharge, there is a presumption that the pre-construction condition
of a site or portion thereof is a wooded land use with good hydrologic
condition. A runoff coefficient or a groundwater recharge land cover
for an existing condition may be used on all or a portion of the site
if the design engineer verifies that the hydrologic condition has
existed on the site or portion of the site for at least five years
without interruption prior to the time of application. If more than
one land cover has existed on the site during the five years immediately
prior to the time of application, the land cover with the lowest runoff
potential shall be used for the computations. In addition, there is
the presumption that the site is in good hydrologic condition (if
the land use type is pasture, lawn, or park), with good cover (if
the land use type is woods), or with good hydrologic condition and
conservation treatment (if the land use type is cultivation).
4.
In computing pre-construction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce pre-construction stormwater runoff rates and volumes.
5.
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
6.
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
7.
Groundwater recharge may be calculated in accordance with the New
Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge
Areas in New Jersey, incorporated herein by reference as amended and
supplemented. Information regarding the methodology is available from
the New Jersey Stormwater Best Management Practices Manual; at the
New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
e.
Sources for Technical Guidance.
1.
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the NJDEP's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(a)
Guidelines for stormwater management measures are contained in the New Jersey Stormwater BMP Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3 of § 19-7.7c5. The New Jersey Stormwater BMP Manual may be utilized as a guide in determining the extent to which stormwater management activities and measures meet the standards of this Section.
(b)
Additional maintenance guidance is available on the NJDEP's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
2.
Submissions.
(a)
Submissions required for review by the NJDEP should be mailed
to:
The Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
(b)
Submissions required for review by the Pinelands Commission
should be emailed to appinfo@pinelands.nj.gov.
f.
Solids and Floatable Materials Control Standards.
1.
Site design features identified under § 19-7.7c5, or alternative designs in accordance with § 19-7.7c6, 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 paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see paragraph (b) below.
(a)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(1)
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines; or
(2)
A different grate, if each individual clear space in that grate
has an area of no more than 7.0 square inches, or is no greater than
0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
(3)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than 7.0 square inches, or be no greater than two
inches across the smallest dimension.
(b)
The standard in paragraph (a) above does not apply:
(1)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than nine square
inches;
(2)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(3)
Where flows from the water quality design storm established at § 19-7.7c16(d) 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:
(i)
A rectangular space 4.625 inches long and 1.5 inches
wide (this option does not apply for outfall netting facilities);
or
(ii)
A bar screen having a bar spacing of 0.5 inches.
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1).
(4)
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the Water Quality Design Storm established at § 19-7.7c16(d); or
(5)
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.
g.
Safety Standards for Stormwater Management Basins.
1.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management BMPs. This
section applies to any new stormwater management BMP.
2.
The provisions of this section are not intended to preempt more stringent
municipal or county safety requirements for new or existing stormwater
management BMPs. Municipal and county stormwater management plans
and ordinances may, pursuant to their authority, require existing
stormwater management BMPs to be retrofitted to meet one or more of
the safety standards in paragraphs 3(a), (b) or (c) below for trash
racks, overflow grates, and escape provisions at outlet structures.
3.
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
(a)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the Stormwater management
BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
(1)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(2)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(3)
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
(4)
The trash rack shall be constructed of rigid, durable, and corrosion
resistant material and designed to withstand a perpendicular live
loading of 300 pounds per square foot.
(b)
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
the grate shall comply with the following requirements:
(1)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(2)
The overflow grate spacing shall be no greater than two inches
across the smallest dimension.
(3)
The overflow grate shall be constructed of rigid, durable, and
corrosion resistant material, and shall be designed to withstand a
perpendicular live loading of 300 pounds per square foot.
(c)
Stormwater management BMPs shall include escape provisions as
follows:
(1)
If a stormwater management BMP has an outlet structure, escape
provisions shall be incorporated in or on the structure. Escape provisions
include the installation of permanent ladders, steps, rungs, or other
features that provide easily accessible means of egress from stormwater
management BMPs. With the prior approval of the municipality pursuant
to paragraph 4 below, a free-standing outlet structure may be exempted
from this requirement;
(2)
Safety ledges shall be constructed on the slopes of all new
stormwater management BMPs having a permanent pool of water deeper
than 2 1/2 feet. Safety ledges shall be comprised of two steps.
Each step shall be four to six feet in width. One step shall be located
approximately 2 1/2 feet below the permanent water surface, and
the second step shall be located one to 1 1/2 feet above the
permanent water surface. See paragraph 5 below for an illustration
of safety ledges in a stormwater management BMP; and
(3)
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
4.
Variance or Exemption from Safety Standard.
A variance or exemption from the safety standards for stormwater
management BMPs may be granted only upon a written finding by the
municipality that the variance or exemption will not constitute a
threat to public safety.
5.
Safety Ledge Illustration.
|
Figure 1. Elevation View - Basin Safety Ledge Configuration
 |
h.
Requirements for a Site Development Stormwater Plan.
1.
Submission of Site Development Stormwater Plan.
(a)
Any application for major development approval shall include a Site Development Stormwater Plan containing all information required in § 19-7.7h3.
(b)
Any application for minor development approval that is subject to this Section shall include a Site Development Stormwater Plan containing all information required in § 19-7.7h4.
(c)
The Site Development Stormwater Plan shall demonstrate that
the proposed development meets the standards of this section.
(d)
The Site Development Stormwater Plan shall contain comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in § 19-7.7c16(d). The standards for groundwater recharge and stormwater runoff rate, volume and quality required by § 19-7.7c15, 16, and 17 and shall be met using the methods, calculations and assumptions provided in § 19-7.7d.
(e)
The application submission requirements of paragraphs (a) and
(b) above shall be in addition to all other applicable application
submission requirements of the municipality's land development
regulations.
(f)
The applicant shall submit four copies of the Site Development
Stormwater Plan. All required engineering plans shall be in CAD Format
15 or higher, registered and rectified to NAD 1983 State Plane New
Jersey FIPS 2900 US Feet or Shape Format NAD 1983 State Plane New
Jersey FIPS 2900 US Feet. All other required documents shall be submitted
in both paper and commonly used electronic file formats such as .pdf,
word processing, database or spreadsheet files.
2.
Site Development Stormwater Plan Approval.
The Site Development Stormwater Plan shall be reviewed as a
part of the development 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 the checklist requirements
have been satisfied and to determine if the project meets the standards
set forth in this section.
3.
Checklist Requirements for major development.
Any application for major development approval shall include
a Site Development Stormwater Plan containing, at minimum, the following
information.
(a)
Topographic Base Map.
The Site Development Stormwater Plan shall contain a topographic
base map of the site that extends a minimum of 300 feet beyond the
limits of the proposed development, at a scale of one (1) inch = two
hundred (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 any required
wetlands transition areas, 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.
(b)
Environmental Site Analysis.
The Site Development Stormwater Plan shall contain a written
description along with the drawings of the natural and human-made
features of the site and its environs. This description shall include:
(1)
A discussion of environmentally critical areas, soil conditions,
slopes, wetlands, waterways and vegetation on the site. Particular
attention shall be given to unique, unusual or environmentally sensitive
features and to those features that provide particular opportunities
for or constraints on development; and
(2)
Detailed soil and other environmental conditions on the portion
of the site proposed for installation of any stormwater management
measures, including, at a minimum:
(i)
A soils report based on onsite soil tests;
(ii)
Location and spot elevations in plan view of all
test pits and permeability tests;
(iii)
Permeability test data and calculations;
(iv)
Any other required soil or hydrogeologic data
(e.g., mounding analyses results) correlated with location and elevation
of each test site;
(v)
A cross-section of all proposed stormwater management
measures with side-by-side depiction of soil profile drawn to scale
and seasonal high water table elevation identified; and
(vi)
Any other information necessary to demonstrate
the suitability of the specific proposed stormwater management measures
relative to the environmental conditions on the portion(s) of the
site proposed for implementation of those measures.
(c)
Project description and site plan(s).
The Site Development Stormwater Plan shall contain a map (or
maps), at the same scale as the topographical base map, indicating
the location of existing and proposed buildings, roads, parking areas,
utilities, structural facilities for stormwater management and sediment
control, and other permanent structures. The map(s) shall also clearly
show areas where alterations will occur in the natural terrain and
cover, including lawns and other landscaping, and seasonal high groundwater
elevations. A written description of the site plan and justification
for proposed changes in natural conditions shall also be provided.
(d)
Land Use Planning and Source Control Plan.
The Site Development Stormwater Plan shall contain a Land Use
Planning and Source Control Plan demonstrating compliance with the
erosion control, groundwater recharge, stormwater runoff quantity
control and stormwater quality treatment required by this section.
This shall include, but is not limited to:
(1)
Information demonstrating that the proposed stormwater management measures are able to achieve a minimum 65% reduction of the post-construction total nitrogen load, in accordance with § 19-7.7c16(g).
(2)
Where any stormwater generated from high pollutant loading areas or where stormwater will be exposed to source material, information demonstrating that the proposed stormwater management measures are consistent with § 19-7.7c16(h).
(e)
Stormwater Management Facilities Map.
The Site Development Stormwater Plan shall contain a Stormwater
Management Facilities Map, at the same scale as the topographic base
map, depicting the following information:
(1)
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 recharge stormwater; and
(2)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention (if applicable)
and emergency spillway provisions with maximum discharge capacity
of each spillway.
(f)
Groundwater Mounding Analysis.
The Site Development Stormwater Plan shall contain a groundwater mounding analysis in accordance with § 19-7.7c7(a).
4.
Checklist Requirements for minor development.
Any application for minor development approval that is subject
to this Section shall include a Site Development Stormwater Plan,
certified by a design engineer, containing, at minimum, the following
information:
(a)
All existing and proposed development, including limits of clearing
and land disturbance.
(b)
All existing and proposed lot lines.
(c)
All wetlands and required wetland transition areas.
(d)
The type and location of each green infrastructure stormwater
management measure.
(f)
A design engineer's certification that each green infrastructure stormwater management measure will not adversely impact basements or septic systems of the proposed development, in accordance with § 19-7.7c7(b).
5.
Exception from submission requirements.
With the exception of paragraphs 3(g) and 4(g) above, the municipality
may modify or waive any required element of the Site Development Stormwater
Plan, provided that sufficient information can be provided to demonstrate
compliance with the standards of this Section. However, application
information required in accordance with the Pinelands CMP (N.J.A.C.
7:50-4.2(b)) shall be submitted to the Pinelands Commission, unless
the Executive Director of the Pinelands Commission waives or modifies
the application requirements.
i.
Maintenance and Repair.
1.
All development regulated under this Section shall incorporate a
maintenance plan, prepared by the design engineer, consistent with
paragraph 2 below. Maintenance and repair shall be implemented in
accordance with maintenance plan and paragraph 3 below.
2.
The maintenance plan shall include the following:
(a)
Specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
(b)
Responsibility for maintenance of stormwater management measures
approved as part of an application for major development shall not
be assigned or transferred to the owner or tenant of an individual
property, unless such owner or tenant owns or leases the entire site
subject to the major development approval. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
the maintenance required.
(c)
Responsibility for maintenance of stormwater management measures
approved as part of an application for minor development may be assigned
or transferred to the owner or tenant of the parcel.
(d)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's or entity's
agreement to assume this responsibility, or of the owner's obligation
to dedicate a stormwater management facility to such person under
an applicable ordinance or regulation.
(e)
If the person responsible for maintenance identified under paragraph (a) above is not a public agency, the maintenance plan and any future revisions based on § 19-7.7i3(b)(2) shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(f)
For all major development, the following additional standards
apply:
(1)
The maintenance plan shall include accurate and comprehensive
drawings of all stormwater management measures on a parcel, including
the specific latitude and longitude and block/lot number of each stormwater
management measure. Maintenance plans shall specify that an inspection,
maintenance, and repair report will be updated and submitted annually
to the municipality;
(2)
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; and
(3)
An adequate means of ensuring permanent financing of the inspection,
maintenance, repair, and replacement plan shall be implemented and
shall be detailed in the maintenance plan. Financing methods shall
include, but not be limited to:
(i)
The assumption of the inspection and maintenance
program by a municipality, county, public utility, or homeowners association;
or
(ii)
The required payment of fees to a municipal stormwater
fund in an amount equivalent to the cost of both ongoing maintenance
activities and necessary structural replacements; or
(iii)
The property owner shall be required to post
a two year maintenance guarantee in accordance with N.J.S.A. 40:55D-53
(g)
For all minor development, maintenance plans shall be required
for all stormwater management measures installed in accordance with
this Section and shall include, at a minimum, the following information:
3.
General Maintenance and Repair.
(a)
Preventative and corrective maintenance shall be performed to
maintain the function of the stormwater management measure, including,
but not limited to, repairs or replacement to the structure; removal
of sediment, debris, or trash; restoration of eroded areas; snow and
ice removal; fence repair or replacement; restoration of vegetation;
and repair or replacement of non-vegetated linings.
(b)
The person responsible for maintenance identified under § 19-7.7i2(b) shall perform all of the following requirements:
(1)
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(2)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(3)
Retain and make available, upon request by any public entity
with administrative, health, environmental, or safety authority over
the site, the maintenance plan and the documentation required by paragraphs
(1) and (2) above.
(c)
The requirements of paragraphs 2(b), (c), and (d) above do not
apply to stormwater management facilities that are dedicated to and
accepted by the municipality or another governmental agency, subject
to all applicable municipal stormwater general permit conditions,
as issued by the Department.
(d)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or County may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
4.
Nothing in this section shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
j.
Variances.
1.
The exemptions, exceptions, applicability standards, and waivers
of strict compliance contained in the NJDEP Stormwater Management
Regulations at N.J.A.C. 7:8-1.1 et seq. shall not apply within the
Pinelands Area except in accordance with this Section.
2.
The municipal review agency may grant a variance from the design
and performance standards for stormwater management measures set forth
in its municipal stormwater management plan and this section, provided
that:
(a)
No variances shall be granted from § 19-7.7c17(d), which prohibits the direct discharge of stormwater runoff to any wetlands, wetlands transition area, or surface waterbody and the direction of stormwater runoff in such a way as to increase in volume and rate of discharge into any wetlands, wetlands transition area, or surface water body from that which existed prior to development of the parcel;
(b)
The municipal stormwater plan includes a mitigation plan in
accordance with N.J.A.C. 7:8-4.2(c)11 and N.J.A.C. 7:50-3.39(a)2viii;
(c)
The applicant demonstrates that it is technically impracticable
to meet any one or more of the design and performance standards on-site.
For the purposes of this analysis, technical impracticability exists
only when the design and performance standard cannot be met for engineering,
environmental, or safety reasons. A municipality's approval of
a variance shall apply to an individual drainage area and design and
performance standard and shall not apply to an entire site or project,
unless an applicant provides the required analysis for each drainage
area within the site and each design and performance standard;
(d)
The applicant demonstrates that the proposed design achieves
the maximum possible compliance with the design and performance standards
of this section on-site; and
(e)
A mitigation project is implemented, in accordance with the
following:
(1)
All mitigation projects shall be located in the same HUC-14
as the parcel proposed for development. If the applicant demonstrates
that no such mitigation project is available, the municipality may
approve a variance that provides for mitigation within the same HUC-11
as the parcel proposed for development, provided that if the project
is located in the Pinelands Area then the mitigation project shall
be located in the Pinelands Area.
(2)
The proposed mitigation project shall be consistent with the
municipal stormwater management plan certified by the Pinelands Commission.
If said stormwater management plan does not identify appropriate parcels
or projects where mitigation may occur, the applicant may propose
a mitigation project that meets the criteria in paragraph (1) above.
(3)
The mitigation project shall be approved no later than preliminary
or final site plan approval of the major development.
(4)
The mitigation project shall be constructed prior to, or concurrently
with, the development receiving the variance.
(5)
The mitigation project shall comply with the green infrastructure
standards at paragraph c14.
(6)
If the variance that resulted in the mitigation project being required is from the green infrastructure standards at § 19-7.7c14, then the mitigation project must use green infrastructure BMPs in Table 1 contained at § 19-7.7c5, and/or an alternative stormwater management measure approved in accordance with § 19-7.7c6 that meets the definition of green infrastructure to manage an equivalent or greater area of impervious surface and an equivalent or greater area of motor vehicle surface as the area of the major development subject to the variance. Grass swales and vegetative filter strips may only be used in the mitigation project if the proposed project additionally includes a green infrastructure BMP other than a grass swale or vegetative filter strip. The green infrastructure used in the mitigation project must be sized to manage the water quality design storm established at § 19-7.7c16(d), at a minimum, and is subject to the applicable contributory drainage area limitation specified at § 19-7.7c14(b), as applicable.
(8)
A variance from the stormwater runoff quality standards at § 19-7.7c16 may be granted if the following are met:
(i)
The total drainage area of motor vehicle surface
managed by the mitigation project(s) must equal or exceed the drainage
area of the area of the major development subject to the variance
and must provide sufficient TSS removal to equal or exceed the deficit
resulting from granting the variance for the major development; and
(ii)
The mitigation project must remove nutrients to the maximum extent feasible in accordance with § 19-7.7c16(g).
(9)
A variance from the stormwater runoff quantity standards at § 19-7.7c17 may be granted if the following are met:
(i)
The applicant demonstrates, through hydrologic
and hydraulic analysis, including the effects of the mitigation project,
that the variance will not result in increased flooding damage below
each point of discharge of the major development;
(ii)
The mitigation project indirectly discharges to
the same watercourse and is located upstream of the major development
subject to the variance; and
(iii)
The mitigation project provides peak flow rate attenuation in accordance with § 19-7.7c17(b)(3) for an equivalent or greater area than the area of the major development subject to the variance. For the purposes of this demonstration, equivalent includes both size of the area and percentage of impervious surface and/or motor vehicle surface.
(10)
The applicant or the entity assuming maintenance responsibility for the associated major development shall be responsible for preventive and corrective maintenance (including replacement) of the mitigation project and shall be identified as such in the maintenance plan established in accordance with § 19-7.7i. This responsibility is not transferable to any entity other than a public agency, in which case a written agreement with that public agency must be submitted to the review agency.
3.
Any approved variance shall be submitted by the municipal review
agency to the county review agency and the NJDEP, by way of a written
report describing the variance, as well as the required mitigation,
within 30 days of the approval.
[Ord. #006-2002, § 1]
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
[Ord. #006-2002, § 1]
a.
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.
b.
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.
c.
Performance guarantees may be required to complete landscaping improvements.
[Ord. #006-2002, § 1]
b.
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.
c.
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.
[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.
[Ord. #006-2002, § 1]
a.
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.
b.
The system shall also be designed with adequate capacity and sustained
pressure.
c.
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).
[Ord. #006-2002, § 1]
a.
The owner shall construct sanitary sewers in such a manner as to
make adequate sanitary sewage treatment available to each lot within
the subdivision.
b.
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.
c.
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.
d.
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.
[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.
[Ord. #006-2002, § 1]
a.
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.
b.
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:
1.
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
2.
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.
3.
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.
c.
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.
[Ord. #004-2007, § 1]
a.
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:
b.
Requirements.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
c.
Submission Format.
1.
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.
2.
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.
3.
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.
d.
Environmental Assessment Report Submission.
1.
The Environmental Assessment Report including appropriate references
and the Environmental Assessment Checklist shall be submitted to the
Board.
2.
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.
e.
Environmental Assessment Waiver.
1.
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.
2.
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.
3.
Notwithstanding, any site development affecting wetlands and C-1
waters shall not be granted a waiver from these requirements.
[Ord. #006-2008, § 1]
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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.
[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.
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.
b.
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.
[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.
[Ord. #006-2002, § 1; Ord. #006-2008, § 1]
a.
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.
b.
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.
[Ord. #006-2002, § 1; Ord. #006-2008, § 1]
a.
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.
b.
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.
c.
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:
d.
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.
e.
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.
f.
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.
[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.
[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:
a.
The Township Engineer shall have certified that the improvements
are complete and that they comply with the requirements of this chapter.
b.
The final plat shall have been approved by the Planning Board.
c.
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.
d.
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.
e.
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.
f.
Maintenance bond shall not be released until a final inspection at
the end of the two-year period is made by the Township Engineer.
[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.
[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.
[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..
[1]
Editor's Note: Prior ordinance history: Ordinance No. 006-2002.
[Ord. #011-2016 § 1]
a.
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.
b.
Civil Action Instituted by Township. In addition to the foregoing,
the Municipality may institute and maintain a civil action:
c.
Entitlement to Lien.
d.
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.
[Ord. #011-2016 § 1]
a.
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.
b.
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.
[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.
[Ord. #006-2003 § 1; Ord. #006-2008 § 1;
Ord. #008-2014 § 1]
a.
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.
|
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
[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.
[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.
[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.
