No plan shall be approved by the Board unless the use meets the performance standards herein set forth and such State or Federal standards as may be more stringent than those set forth herein. Failure to comply with the performance standards at any time after the issuance of a certificate of occupancy shall be cause for revocation of such certificate. In reviewing any plan, the Board shall consider those elements as specifically noted in §§
18-801 to
18-817.
[Ord. No. 06-30 § 2; Ord. No. 2012-26; Ord.
No. 2013-17; Ord. No. 2018-65]
When buffer areas are required as part of a site plan, they
shall be in accordance with the following, unless otherwise specified
in this chapter:
A. General design requirements.
1. Buffer areas shall be developed in an aesthetic manner for the primary
purposes of screening views. Buffer widths shall be measured perpendicularly
to lot and street lines. No structure, storage of materials or parking
of vehicles shall be permitted in a buffer area unless otherwise permitted
herein. The standards for the location and design of buffer areas
are intended to provide flexibility in order to provide effective
buffers. The location and design of buffers shall consider the use
of the portion of the property being screened; the distance between
the use and the adjoining property line; differences in elevations;
the type of buffer such as dense planting, existing woods, a wall
or fence; buffer height; buffer width; and other combinations of man-made
and natural features.
B. General standards.
1. All buffer areas shall consist of either grass or ground cover, together
with a screen of live shrubs or scattered planting of live trees,
shrubs or other plant material meeting the following requirements:
a. The preservation of all natural wooded tracts shall be an integral
part of all site plans and may be calculated as part of the required
buffer area, provided that the growth is of a density and the area
has sufficient width to serve the purpose of a buffer. Where additional
plantings are necessary to establish an appropriate tone for an effective
buffer, said plantings may be required.
b. Plant materials used in screen planting for parking areas and driveways
shall be at least three feet in height when planted and be of such
density as will obscure, throughout the full course of the year, the
glare of automobile headlights emitted from the premises.
c. Trees shall be at least six to eight feet in height and two inches
in caliper when planted and be of a species common to the area, and
listed on the approved plant species list incorporated herein, and
be of balled and burlapped nursery stock and be free of insect and
disease.
d. At any time, any plant material which does not live and which diminishes
the integrity of the buffer shall be replaced within one (1) year
or one growing season, as determined by the Municipal Engineer.
e. Screen plantings and landscaping shall be broken at points of vehicular
and pedestrian ingress and egress to assure a clear sight triangle
at all street and driveway intersections.
C. Landscaping-General.
Landscape plans shall conform to the following general design
principles.
1. Landscaping shall be provided as part of site plan and subdivision
design. It shall be conceived in a total pattern throughout the site,
integrating the various elements of site design creating a pleasing
site character.
2. Landscaping shall include plant materials such as trees, shrubs,
groundcover, perennials, and annuals and other materials such as rocks,
water, sculpture, art, walls, fences and building and paving materials.
3. Use landscaping to accent and complement buildings. For example,
groupings of tall trees to break up long, low buildings and lower
plantings for taller buildings.
4. Provide for a variety and mixture of landscaping. The variety shall
consider susceptibility to disease, colors, season, textures, shapes,
blossoms, and foliage.
5. Local soil conditions and water availability shall be considered
in the choice of landscaping.
6. Consider the impact of any proposed landscaping plan at various time
intervals so that, for example, shrubs do not grow and eventually
block sight distances or encroach upon roads or sidewalks.
7. All landscape plants shall be specimens conforming to the American
Association of Nurserymen Standards and/or Landscape Plans and Specifications
for Quality and Installation.
8. Assure that no aspect of the landscape design inhibits access to
the development by emergency vehicles.
9. A landscape plan, when required, shall be submitted with each plan
application, unless an exception is granted by the approving authority.
The plan shall identify existing and proposed trees as required by
ordinance, shrubs, groundcover, natural features and other landscaping
elements. The plan should show where they are or will be located and
planting and/or construction details. When existing natural growth
is proposed to remain, applicant shall include in the plans proposed
methods to protect existing trees and growth during and after construction.
10. Site Protection and General Planting Requirements:
a.
Topsoil Preservation. Topsoil moved during the course of construction
shall be redistributed on all regraded surfaces so as to provide at
least four inches of even cover to all disturbed areas of the development
and shall be stabilized by seeding, sod or planting.
b.
Removal of Debris. All stumps and other tree parts, litter,
brush, weeds; excess or scrap building materials, or other debris
shall be removed from the site and disposed of in accordance with
the law. No tree stumps, portions of tree trunks or limbs shall be
buried anywhere in the development. All dead or dying trees, as determined
by the Municipal Engineer, standing or fallen, shall be removed from
the site. If trees and limbs are reduced to chips, they may, subject
to approval of the Municipal Engineer, be used as mulch in landscaped
areas.
c.
Protection of Existing Plantings. An effort should be made to
save specimen trees identified. Whenever feasible, material or temporary
soil deposits shall not be placed within four feet of shrubs or 10
feet of trees designated to be retained on the preliminary and/or
final plat. During construction, protective barriers or tree wells
shall be installed around each plant and/or group of plants that are
to remain on the site. Barriers shall not be supported by the plants
they are protecting, but shall be self supporting. They shall be a
minimum of four feet high and constructed of a durable material that
will last until construction is completed. Snow fences and silt fences
are examples of acceptable barriers.
d.
Slope Plantings. Landscaping of the area of all cuts and fills
and/or trenches shall be sufficient to prevent erosion and all roadways
slopes steeper than one foot vertically to three feet horizontally
shall be planted with groundcovers appropriate for the purpose and
soil conditions, water availability and environment.
e.
Additional Landscaping. In residential developments, besides
the screening and street trees required, additional plantings or landscaping
elements shall be required throughout the subdivision where necessary
for privacy or for aesthetic reasons in accordance with a planting
plan approved by the Board. In nonresidential developments, all areas
of the site not occupied by buildings and required improvements shall
be landscaped by the planting of grass or other groundcover, shrubs,
and trees or kept in a natural state, as part of a plan approved by
the Board.
f.
Planting Specifications. Deciduous trees shall have a minimum
of at least a two inch caliper at planting. Size of evergreens and
shrubs shall be allowed to vary depending on setting and type of shrub.
Only nursery grown plant materials shall be acceptable; and all plantings
shall be according to accepted horticultural standards. Dead or dying
plants shall be replaced by the developer within the same planting
season as long as the maintenance and performance bonds are in place.
g.
Plant Species. The plant species selected should be hardy for
the particular climatic zone in which the development is located and
appropriate in terms of function and size.
D. Street Trees
1. Location. Street trees shall be installed on both sides of all streets
in accordance with the approved landscape plan. Trees shall either
be massed at critical points or spaced evenly along the street. All
developments shall provide a shade tree easement.
When trees are planted at predetermined intervals along streets,
spacing shall depend on tree size as follows:
Tree Size (height in feet at maturity)
Planting Interval (in feet)
a. Medium Trees (30 - 40): 40 - 50
b. Small Trees (to 30): 30 - 40
When the spacing interval exceeds 40 feet, small ornamental
trees can be spaced between the large trees. Trees shall be planted
so as not to interfere with utilities, roadways, sidewalks, sight
easements, or street lights. Tree location, landscaping design and
spacing plan shall be approved by the Board as part of the landscape
plan.
|
2. Tree Type. Tree type shall vary depending on overall effect desired.
Selection of tree type shall be approved by the Board.
3. Planting Specifications. All trees shall have a minimum caliper of
two inches of substantially uniform size and shape, and have straight
trunks. Trees shall be properly planted and staked and provision made
by the applicant for regular watering and maintenance until they are
established. Dead or dying trees shall be replaced by the applicant
during the same planting season.
4. All street trees shall be located so as not to interfere with underground
or overhead utility lines and any well or septic systems.
E. Buffering
1. All areas not devoted to structures, parking areas, or other required
uses shall be appropriately landscaped and maintained. Whenever reasonable,
natural features shall be preserved
2. Buffering shall be required when topographical or other barriers
do not provide reasonable screening and when the Board determines
that there is a need to shield the site from adjacent properties and
to minimize adverse impacts such as incompatible land uses, noise,
glaring light, and traffic. In small lot developments, when building
design and siting do not provide privacy, the Board may require landscaping,
fences or walls to ensure privacy.
a. Except as otherwise stated in this chapter, non-residential development
shall provide a minimum 25 foot wide buffer area as measured from
the property line toward the proposed use. Except as otherwise stated
in this chapter, the buffer shall be increased to 50 feet wide where
the non-residential development is adjacent to an existing single-family
residential development or an area zoned for residential land uses.
b. Multi-family or townhouse adjacent to an existing single-family residential
development or an area zoned for single-family residential land uses
shall provide a buffer area of at least 30 feet in width, as measured
from the property line toward the proposed use. The Board may reduce
the required buffer to 15 feet in width if the developer provides
a dense landscaping screen.
c. Proposed major residential subdivisions adjacent to an existing commercial
use shall provide a buffer area of at least 30 feet in width, as measured
from the property line toward the proposed use. The Board may reduce
the required buffer to 15 feet in width if the developer provides
a dense landscaping screen.
d. Garbage and recycling collection and utility areas, and loading and unloading areas shall be screened wherever reasonable and appropriate. Garbage and recycling collection areas shall be designed in accordance with the requirements of §
18-809.
e. Where residential subdivisions abut higher order streets (collectors
or arterials), adjacent lots should front on lower order streets,
and a landscaped buffer area shall be provided along the property
line abutting the higher order road. The buffer strip shall be a minimum
of 25 feet wide or wider where necessary for the health and safety
of the residents and include both trees and shrubs. The Board may
reduce the required buffer to twelve and one half (12.5) feet in width
if the developer provides a dense landscaping screen.
f. In the HD6 and HD7 zoning districts, residential development fronting
on a State Highway shall provide a hundred (100) foot front yard setback
and buffer to the State Highway right-of-way. This setback and buffer
shall be preserved in its natural state. On those sites where no existing
vegetation is present or existing vegetation is inadequate to provide
screening, the applicant shall suitably grade and plant a screen in
the setback area, such that this planting shall provide an adequate
screen of at least six feet in height so as to continually obscure
the view. All development except access roads, drives, underground
drainage and utilities within the setback and buffer area is prohibited.
g. In the HD6 and HD7 zoning districts commercial development fronting
on a State Highway shall provide a 150 foot front yard building setback
to the State Highway right-of-way. Development shall be permitted
within this setback area up to 100 feet from the property line.
h. For the purpose of this section, existing single-family residential
development shall be defined as six or more detached single-family
dwellings fronting on residential access roadways as defined in the
Residential Site Improvement Standards (NJAC 5:21). The increased
buffer will be required even if only one of the dwellings in the single-family
residential development is adjacent to the proposed development, provided
that the said residential dwelling is part of a single-family residential
development as defined above.
i. Schools, Houses of Worship and other facilities listed in §
18-905 and
18-906 shall provide buffers in accordance with those sections.
3. Design.
a. All setback requirements in the HD6 and HD7 zoning districts, other
than front yard setbacks, shall be imposed onto the established buffer
area identified within the project site, except in those cases where
the front yard setback of 100 feet from a State Highway is imposed.
In that case, development shall only be allowed beyond that 100 foot
setback line.
b. The required buffer area shall be suitably graded and planted or
attractively surfaced, and shall contain within such width massed
evergreen plantings that shall produce a screen of at least six feet
in height so as to continually restrict a view beyond the buffer strip.
c. On those sites where no existing vegetation is present or if existing
vegetation is inadequate for screening, the applicant shall provide
adequate grading and planting, which shall include evergreen plantings
that shall produce a screen of at least six feet in height.
4. Maintenance.
a. At any time, any plant material which does not live and which diminishes
the integrity of the buffer shall be replaced within one year or one
growing season, as determined by the Municipal Engineer.
b. Landscaped areas shall be maintained at the expense of the owner.
c. The entire buffer area, as defined by 18-803E2 above, shall be maintained
in its natural state through the establishment of a conservation restriction
on the property. This deed-restricted area shall be free of development.
d. In those cases where the conservation restricted area is located
within a proposed commercial development or major site plan or subdivision,
the conservation area may be enforced by the municipality or a homeowners'
association.
e. Plantings shall be watered regularly and in a manner appropriate
for the specific plant species through the first growing season, and
dead or dying plants shall be replaced by the applicant during the
next planting season, so long as performance or maintenance bonds
remain in effect.
f. No building, structures, storage of materials or parking shall be
permitted within the buffer area, unless specifically permitted by
the Board; buffer areas shall be maintained and kept free of all debris,
rubbish, weeds and tall grass.
F. Paving Materials, Walls and Fences.
1. Paving Materials. Design and choice of paving materials used in pedestrian
areas shall consider the following factors: cost, maintenance, use,
characteristics of users, appearance, safety, availability, glare,
heat, drainage, noise, compatibility with surroundings, decorative
quality and aesthetic appeal. Acceptable materials shall include but
are not limited to concrete, brick, cement pavers, asphalt and stone.
2. Walls and fences shall be erected where required for privacy, screening,
separation, security or to serve other necessary functions and shall
comply with the provisions included in this subsection.
3. All applications for a permit shall be accompanied with a drawing
of the proposed fence design which meets the following standards and
provides the following information:
a. The drawing shall be neatly and accurately drawn at an appropriate
scale.
b. The drawing shall show all dimensions and shall be clearly marked.
c. The drawing shall show all easements.
4. A fence or fencing shall be defined as any wood, glass, resin, plastic,
masonry, stone or metal or any wall or hedge constructed on the front,
side or rear yard and designed to shield, screen or protect a lot(s)
or a portion of a lot(s).
5. A fence within the front yard setback area of any lot, except a corner
lot, shall not exceed four feet in height. In the case of a corner
lot, the fence in the front yard setback area designated by the property
owner as a "side yard" may not exceed six feet in height.
Unless more stringent regulations are provided by other provisions
of this chapter, at the intersection of two or more streets, no hedge,
fence, screening strip, planting, structure or wall higher than 30
inches above curb level and no obstruction to vision, other than a
post not exceeding one foot in diameter, shall be permitted on any
lot within the site triangle as defined by the Residential Site Improvement
Standards. Trees shall be exempt from this section unless found specifically
to present a traffic hazard.
6. Any fence located at the corner of a corner lot shall be placed at 45 degrees to each side line for a distance of 10 feet back from the intersection of the fence line along both street sides of the lot. In addition, any fence constructed along the street sides of a corner lot shall meet the requirements provided for in Subsection
5 above. No fence shall be erected in the public right-of-way.
7. No fence shall be located less than eight feet from the pavement
or cartway of any street, whether public or private.
8. No fence may be installed which exceeds eight feet in height, however the height of the fence may be increased by one foot for every five feet that it is set back from the property line. Fences within the front yard setback shall be limited to the requirements identified in Subsection
5 above.
9. No fences shall be erected so as to encroach upon adjacent properties
or public rights of way. Fence gates shall be designed to prevent
the open swing of the gate from encroaching upon adjacent properties
or public rights of way.
10. All fences shall be constructed with the face, or finished side,
away from the property and the structural side toward the interior
of the lot(s) on which it is erected.
11. All fencing shall be in conformance with the requirements for visibility
at intersections.
12. Living fences, hedges or screen plantings shall not encroach into
any sight triangle. All living fences, hedges or screen plantings
shall be maintained in a neatly trimmed condition on the property
so planted and shall be kept clear from all sidewalks and walkways.
13. All fences and walls shall be maintained in a safe, sound and upright
condition.
14. If the Zoning Officer, upon inspection, determines that any fence
or portion thereof is not being maintained in a safe, sound or upright
condition, he shall notify the owner of such fence in writing of his
findings and state briefly the reasons for such findings and order
such fence repaired or removed within 30 days of the date of the written
notice.
15. Fencing may not be erected in any yard if it acts to inhibit access
to Township fire, police and emergency medical services.
16. These restrictions shall not be applied so as to restrict the erection
of a wall for the purpose of retaining earth.
17. These restrictions shall not be applied so as to restrict the erection,
alteration or reconstruction of fences used in connection with farms
and farm operations except insofar as such fences might affect the
public safety.
18. Temporary fences such as snow fences, expandable fences, collapsible
fences, canvas, and cloth fences may be permitted upon a determination
by the Zoning Officer that such fencing is necessary to inhibit the
dispersal of airborne material during construction activity. These
fences must be removed and not left on-site after the activity requiring
such fence is completed prior to any bonds being released.
19. The following fences are prohibited in all residential districts:
barbed wire, razor wire, electric and other similar type fences.
20. Fences made of tarps and other similar type fences are expressly prohibited in all zoning districts except as provided in Subsection
18 above.
21. Private Fences for Pools. In certain and limited cases, the Zoning
Officer may issue a zoning permit for a privacy fence for pools exceeding
eight feet in height, provided the proposed fence meets the following
criteria and the applicant follows the procedure outlined below:
a.
The purpose of the fence is to provide visual screening of the
pool area.
b.
The owners of all of the contiguous properties confirm in writing
that they have no objection to the proposed fence.
c.
The fence is located and designed so as to have the least impact
on adjacent properties.
d.
The applicant shall submit to the Zoning Officer a letter signed
by a licensed engineer or architect certifying that the proposed fence
is structurally sound and does not pose a safety hazard.
e.
In no case shall the fence height exceed 14 feet.
f.
The proposed fence complies with all other Lakewood Township
fence requirements.
g.
Application Procedure. An application for a Lakewood Township
Construction Permit for the proposed fence is required.
h.
Notification. At the time of the application to the Zoning Officer
for the permit, the applicant shall notify all contiguous property
owners by certified mail of the application. The notice shall indicate
the nature of the application and the fact that comments or objections
regarding the application may be submitted to the Zoning Officer within
10 days of the receipt of the certified notice. Copies of the mail
receipts shall be provided to the Zoning Officer.
22. No improvements such as fences or buffer landscaping shall be permitted
within any drainage easement.
G. Landscape Maintenance. A landscape management/maintenance specification
shall be provided in conjunction with all approved major subdivisions
as to street trees, common open space, and areas to be dedicated to
the public and all approved major site plans.
1. Installation and Inspection of Landscaping. The following installation
and performance and inspection principles and procedures should be
applied to all landscape installations.
a. A temporary certificate of occupancy may be issued prior to the submission
of an approved landscaping plan. The proposed landscape as shown on
the approved landscape plan must be installed, inspected, and approved
or bonded prior to the issuance of a certificate of occupancy.
b. If changes to the approved plan are made prior to or during construction,
revised or record drawings must be submitted to the Township Engineer,
who may approve such amendments, for approval. Such revisions shall
be indicated by a formal letter of request with the reasons for the
modification to the Township with a copy to the Township Engineer.
If the Township Engineer, in his/her professional judgment, determines
that the change in the landscaping plan is substantial, the application
or plan should be referred to the appropriate Board for approval.
If the Township Engineer determines that unapproved or inadequate
landscape is implemented, then appropriate replacement shall be required
prior to the release of any performance bonds.
c. Subsequent to landscape installation and until release of performance
and/or maintenance bonds, the Township shall have the right to inspect
all landscape areas for conformance to the approved plans, proper
installation and maintenance, and performance of landscape material.
H. Tree protection.
1. Purpose.
The purpose of this section is to establish protective regulations for trees within the Township of Lakewood in order to control problems of flooding, soil erosion, air and noise pollution, water quality; to protect the public health, safety and welfare of the citizenry of the Township; and to promote quality development in the Township. The intent of this section is to encourage the protection of the greatest number of trees within the tree protection zone and of large specimen trees throughout the Township, regardless of location. Tree removal shall be in accordance with this subsection and Chapter
19 of the Code of Lakewood (Protection of Trees). A permit shall be obtained from the Township prior to the removal of any trees pursuant to Chapter
19. Violations of Chapter
19 are subject to penalty by the Township as set forth in that chapter.
2. Definitions.
a. AESTHETIC IMPROVEMENT CUT – The removal, to the minimum extent
possible, of the smallest and poorest trees so as to permit land development
while retaining the maximum number of larger and healthier trees.
b. CLEAR CUTTING – The removal of all standing trees on a lot
or portion of a lot.
c. CROWN – The branches and foliage of a tree; the upper portion
of a tree.
d. DISTURBANCE ZONE – That portion of a lot covered by existing
or proposed buildings, structures or improvements and within a certain
distance around same as noted below:
(1)
House or building - 20 feet (averaged around all sides)
(2)
Detached Garage or Accessory Structures - 15 feet
(4)
Driveway/ sidewalk - five feet
(5)
Septic fields — As required by Ocean County Board of Health
(6)
Underground utility - five feet
(7)
Paved parking/drive aisle - five feet
(8)
Improvement (other) - five feet
e. DRIP LINE – The perimeter line on the ground measured from
the outermost edge of the vertical plane established by the branches
of the tree.
f. FORESTER, PROFESSIONAL – A person who has a B.S. degree from
a four-year School of Forestry accredited by the Society of American
Foresters.
g. NON-SPECIMEN TREE – Any tree not included under Subsection
i below.
h. SELECTIVE CUTTING – The removal of larger trees on an individual
basis while leaving trees of a lesser size.
i. SPECIMEN TREE – Any tree from the following list with a diameter
exceeding the size specified:
Tree species, cultivar or variety
|
Diameter Exceeding
|
---|
A. concolor
|
18"
|
Acer negundo
|
18"
|
A. nigrum
|
25"
|
A. platanoides
|
29"
|
A. rubrum
|
30"
|
A. saccharinum
|
35"
|
A. saccharum
|
25"
|
Betula nigra
|
30
|
Carya ovata
|
15"
|
Catalpa sepciosa
|
25"
|
Cedrus atlantica glauca
|
15"
|
Celtis Occidentalis
|
13"
|
Cryptomeria japonica
|
13"
|
Cornus florida
|
13"
|
Fagus grandiflora
|
13"
|
Fraxinus americana
|
26"
|
F. pennsylvanica
|
25"
|
Gleditsia triacanthos inermis
|
24"
|
Gymnocladus dioicus
|
27"
|
Ilex opaca
|
12"
|
Juglans nigra
|
29"
|
Juniperus virginiana
|
12"
|
Liquidambar styraciflua
|
25"
|
Liriodendron tulipifera
|
40"
|
Magnolia virginiana
|
16"
|
Malus Varieties
|
15"
|
Nyssa sylvatica
|
25"
|
Oxydendrum arboretum
|
12"
|
Picea abies
|
25"
|
P. pungens 'Glauca'
|
18"
|
Pinus echinata
|
20"
|
P. strobus
|
24"
|
Platanus occidentalis
|
30"
|
Populus deltoides
|
21"
|
Prunus serotina
|
20"
|
Quercus alba
|
20"
|
Q. bicolor
|
25"
|
Q. coccinea
|
25"
|
Q. palustris
|
25"
|
Q. phellos
|
25"
|
Q. prinus
|
24"
|
Q. rubra
|
24"
|
Q. stellata
|
24"
|
Q. veluntia
|
25"
|
Sciadopitys verticillata
|
15"
|
Taxodium distichum
|
24"
|
Ulmus americana
|
34"
|
j. THINNING – The removal of undesirable, competitive, diseased
or damaged trees so as to cultivate and improve the development of
remaining trees on the lot.
k. TREE – Any woody perennial plant usually having one main stem
or trunk and a more or less definitely formed crown, and which has
the potential based on its genus and species to grow to a height of
10 feet or more.
l. TREE DIAMETER – The width of a tree, equal to 7/22 of the circumference,
measured four and a half (4.5) feet above the ground.
m. TREE MASS – A group of trees represented by a line depicting
a common drip line.
n. TREE PROTECTION ZONE – That portion of a lot outside of the
Disturbance Zone.
o. TREE REMOVAL – The cutting down of a tree, the transplanting
of a tree to a site other than that under development, or the infliction
of damage to a tree which is of such severity as to show evidence
of irreparable harm, within two years, leading to the ultimate death
of a tree. Examples of said serious damage include, but are not limited
to: damage inflicted to the root system by machinery, storage of materials,
and soil compaction; changing the natural grade above or below the
root system and around the trunk; damage inflicted on the tree permitting
fungus infection or pest infestation; excessive pruning; excessive
thinning; paving with concrete, asphalt, or other impervious material
within such proximity.
p. TREE ROOT AREA – The area under a tree extending from the trunk
to the drip line.
3. Applicability.
a. On major site plan and major subdivision applications larger than
five acres the applicant may chose to prepare an averaging plan, wherein
the existing trees in a sample area of one-quarter (1/4) acre are
used as the basis for determining the estimated number of trees and
their diameter to be removed for the entire site. The location of
the sample area shall represent the average density be to the approval
of the Board Planner and Engineer.
b. At the time of a preliminary major subdivision or site plan application
submitted pursuant to this chapter, a Tree Protection Management Plan
must be submitted if there are 10 or more total non-specimen trees
(12" in caliper or greater) or three or more total specimen trees,
cut or removed or proposed to be cut or removed.
c. The standards contained herein shall be considered the minimum standards
to be met and maintained. Standards established by other Township
ordinances, or by State and Federal rules and regulations shall apply
where those standards are more restrictive than the standards set
forth herein.
d. Plans for the harvesting of timber and or silviculture shall be in
accordance with the standards and recommendations of the New Jersey
State Bureau of Forestry. A copy of such plan must be filed with the
Shade Tree Commission of Lakewood at least 15 days prior to the harvesting
of timber and/or silviculture for informational purposes.
e. Any person claiming that he has conducted harvesting of timber in
accordance with the standards and recommendations of the New Jersey
State Bureau of Forestry prior to the date of adoption of this chapter,
within 60 days after the adoption of this chapter, make application
to the Planning Board for a certificate of prior use. The applicant
shall provide the Planning Board with a copy of an approved forestry
management plan by the New Jersey State Bureau of Forestry. If deemed
acceptable, the Planning Board shall issue a certificate of prior
use relieving the applicant of an obligation to secure a tree removal
permit for continued operations of said timber harvesting. Failure
of the Board to act within 90 days shall be deemed to be an approval
of the request for a certificate of prior use. Any person who does
not file for such a certificate within 60 days of the date of adoption
of this chapter shall conclusively be presumed to be bound by the
terms of this section.
f. No tree shall be removed from a conservation easement unless approved
by the Township Engineer.
4. Requirements of a Tree Protection Management Plan.
If required by this section, the submission of a Tree Protection
Management Plan should indicate the following information on a plot
plan:
a. Applicant's name, street address, telephone number;
b. Lot owner's name, street address, telephone number;
d. Location of all existing or proposed buildings, driveways, septic
fields, easements, underground utility lines, and other improvements;
e. Existing or proposed rights of way;
f. Location of all proposed trees having a diameter of ten (10") inches or greater or as per the averaging plan indicated in Subsection
3a above, to be cut, removed, or damaged in such a way as to cause a need for their removal, noting each tree by its species, size and general health condition;
g. Specifications for the removal of existing trees and for the protection
of existing trees to be preserved;
h. Specific proposals for planting replacement trees, if applicable;
i. Existing topography within 20 feet of the proposed disturbed area
and proposed grading, if any;
j. Location of existing water courses, wetlands, and floodplains.
5. Review of applications for a Tree Protection Management Plan.
a. All applications for a Tree Protection Management Plan shall be immediately
referred by the Administrative Officer to the Environmental Commission,
Shade Tree Commission and Board.
The Environmental and Shade Tree Commission shall provide an
advisory, non-binding, recommendation of approval or denial of the
Tree Protection Management Plan application to the Board. Failure
on the part of the Environmental Commission or Shade Tree Commission
to provide a recommendation within 20 days, provided that the Environmental
Commission and Shade Tree Commission receives the application at least
10 days in advance of its regularly scheduled meeting, shall be deemed
a recommendation for approval. In the event that the Environmental
Commission or Shade Tree Commission recommends denial of an application,
they shall specify, in writing, the reason(s) for their recommendation.
The Board shall review and consider the recommendations of the Environmental
Commission and Shade Tree Commission and the recommendations shall
be made a part of the record before either Board. The Board shall
have the authority to approve or to deny the Tree Protection Management
Plan as part of the subdivision and/or site plan review process.
b. The Board shall review the application for a Tree Protection Management
Plan and, if necessary, have the Township Planner, Engineer, Professional
Forester, and/or some other consultant as may be required, review
the application and inspect the site. All reviews and inspections
by the Township Planner, Engineer, Professional Forester, and/or other
consultants shall be paid for by the applicant through the deposit
of escrow funds in accordance with a fee schedule adopted by the Township
Committee.
c. The Board or Environmental Commission or Shade Tree Commission shall
consider the following factors in reviewing an application for a Tree
Protection Management Plan and in deciding whether to either recommend
approval or denial, or to approve or deny a Tree Protection Management
Plan:
(1)
Impact on the growth of remaining trees;
(2)
Impact on existing drainage patterns;
(3)
Impact on soil erosion or increased dust;
(4)
Impact on the vegetative screening between adjacent land uses;
and
(5)
Impact on woodland corridors, stream corridors, greenways, and
wildlife habitat.
d. There is hereby established a presumption that each and every tree of 10 inches of diameter or as per the averaging plan indicated in Subsection
3a above or greater located within the tree protection zone shall be preserved at its location on the site. Each such tree located within the tree protection zone or each specimen tree may be removed only if the Board finds that the applicant has set forth:
(1)
That it is a necessity to remove trees which pose a safety hazard
to pedestrian or vehicular traffic, or threatens to cause disruption
of public services.
(2)
That it is a necessity to remove trees which pose a safety hazard
to a building.
(3)
That it is a necessity to remove diseased trees, trees infested
with destructive insects liable to infect healthy trees on the subject
or adjacent property, or trees weakened by age, fire or other injury.
(4)
That it is a necessity to observe good forestry practices, i.e.,
the number of healthy trees that a given parcel of land will support
when documented by a report prepared on behalf of the applicant by
a professional forester or a certified landscape architect.
(5)
That it is a necessity for compliance with other sections of
this chapter or with other codes, such as health and other environmental
ordinances.
(6)
Other conditions which, in the judgment of the Board, warrant
the removal of a tree.
e. No building permit shall be issued until the applicant has obtained
approval of its Tree Protection Management Plan application.
6. Planting of new trees - Replacement of specimen trees.
a. Where the Board, whichever has jurisdiction, determines that it is
impossible to retain specimen trees as defined by this section, due
to cutting, filling, or other construction activity, the applicant
shall plant one (1") inch of new deciduous tree diameter for every
four (4") inches of existing specimen tree diameter removed. Replacement
deciduous trees should have a minimum diameter of two inches measured
six inches above the ground. Replacement evergreen trees shall have
a minimum height of six feet and shall be considered the equivalent
of a two inch deciduous tree. Replacement trees should be shown on
the Tree Protection Management Plan for review. Replanting should
be done according to the standards specified by the American Nurserymen's
Association. Trees included as part of any required buffer may be
considered towards the applicant's replanting obligation.
b. In lieu of replanting, the applicant may chose to make a contribution
to the Township in an amount equal to the value of the required tree
replacement. Such funds shall be placed in an account specified for
landscape improvements throughout the Township. The value of the tree
replacement shall be determined based upon quantity take-off figures
as used by the Township Engineer or designee to prepare a bond estimate.
c. Where practical, replanting shall be encouraged on-site.
7. Criteria for the selection of new trees.
When an applicant is required to replace trees as described
above, the applicant should replace the trees with a similar species
that were removed or, with the approval of the Board, choose other
tree species, preferably native to Lakewood Township. In selecting
replacement trees, the following positive criteria should be used.
These guidelines should also be followed in choosing trees proposed
to be retained or cleared.
c. Hardiness (wind firmness, climate requirements, characteristics of
soil to hold tree);
d. Resistance to insect and disease attack and to pollution;
e. Aesthetic values (autumn, coloration, type of flowers or fruit, form
characteristics);
f. Low maintenance and care (pruning, etc.);
i. Free of disease, rot, or other damage to tree;
j. Protection of pedestrians, vehicles, and buildings;
l. Effect of soil retention and erosion control; and
8. Protection of existing specimen trees.
Applicants should exercise due care to protect specimen trees
to be retained from damage during construction. The following procedures
shall be observed in order to protect retained trees.
a. Protection from mechanical injury.
(1)
Prior to any grubbing or clearing, all trees to be retained
should be protected from equipment damage by enclosing the drip lines
of the trees with sections of silt fence, orange snow fence, or boards,
wired together. All exposed roots and low hanging branches should
be equally protected. Groups of trees may be protected by fencing
the drip lines of the entire tree mass to be retained.
(2)
Heavy equipment operators should not damage existing tree trunks
and roots. Feeder roots should not be cut closer than the distance
of the drip line from the tree trunks and should be cut with pruning
shears or other tools which will make a clean cut.
(3)
Specimen tree trunks and exposed roots accidentally damaged
during construction should be protected from further damage. Damaged
branches should be sawed off at the branch collar. No shellac or pruning
paint should be used. When the portion of the tree to be removed is
diseased, the pruning equipment should be dipped in alcohol or disinfectant
prior to use on another tree to prevent the spread of the disease.
(4)
Specimen deciduous trees should be given an application of liquid
slow release, low nitrogen, all purpose fertilizer to aid in their
recovery from possible damage caused by construction operations. Such
application should be made at a distance of one foot from the trunk
to the drip line and should be made as soon as construction is completed
and again one year after the first application has been made.
(5)
Specimen trees should not be used for roping, cables, signs
or fencing. Nails and spikes should not be driven into trees.
(6)
Tree climbing spikes shall not be used by tree care personnel
on specimen trees.
(7)
The area around the base of existing specimen trees should be
left open to provide access for water and nutrients. Therefore, no
impervious cover, storage of equipment, materials, debris, or fill
should be allowed within the drip line of any existing tree to be
retained.
b. Protection from grade change for specimen trees.
(1)
If an increase of the grade is proposed that negatively impacts
a specimen tree, the applicant should install either:
(a)
A system of gravel and drain tiles at the old soil level opening
into a dry well built around the trunk and designed for each tree,
individually fitting the contour of the land so that it drains water
away from the tree trunk.
(b)
A retaining wall between the existing grade and the higher grade.
A detailed plan for each proposed retaining wall should be provided.
(c)
If a decrease of the grade is proposed
that negatively impacts a specimen tree, the applicant should initiate
one of the following methods to protect the trees:
i.
Terracing the grade at the drip line and out from the tree.
ii. A retaining wall between the existing grade and
the lower grade. A detailed plan for each proposed retaining wall
should be provided.
c. Protection from excavation.
(1)
When digging trenches for utility lines and other similar uses,
the applicant should adhere to the following, listed in order of preference:
(a)
If possible, trenches should bypass the root area.
(b)
If it is impossible for the trenches to bypass the root area,
trenches should be tunneled under the trees where practicable.
(c)
If trenches must be dug along the
side of a tree, the following precautions should be observed.
i.
Trenches should be no closer to the trunk than half the distance
from the drip line.
ii. As few roots as possible should be cut.
iii. If roots are cut, they should be cut as cleanly
as possible.
iv. The trench should be backfilled as soon as possible,
avoiding soil compaction.
d. Protection during construction clean-up.
(1)
All construction debris should be hauled away. No such debris
should be burned or buried.
(2)
Fences and barriers around trees should be the last thing to
be removed from the site, prior to the installation of additional
landscaping or building occupancy.
9. Protection of tree save and buffer areas.
Prior to grubbing or clearing, all tree save and buffer areas
shall be protected by enclosing such area within an orange snow fence
or similar visible protective fencing.
Requirements for signs are provided in §
18-812 of the chapter, however all signs including sections of building surfaces of any kind that are externally or internally illuminated shall conform, in addition to all requirements of §
18-812, to the following requirements:
A. No illuminated sign that is visible from a traveled roadway or traveled
way used by motor vehicles shall have a degree of luminance that causes
visual discomfort to drivers. The degree of luminance allowable is
a factor of luminance ratio, (sign luminance to surrounding luminance),
and illumination color. In general, no sign shall have a surface luminance
greater than 750 footlamberts, or greater than a five to one ratio
between sign luminance and average surrounding luminance.
B. Outdoor large scale advertising signs shall use an illumination source
that is not visible to either motorists or pedestrians when on normal
traveled roads, streets, or walkways.
C. No sign shall use a repetitive "on-off" design.
D. No sign shall incorporate strobe lamps.
E. No sign shall use animation by either mechanical, electrical, or
electronic means.
F. All interior signs that are within six feet of glass show windows shall conform to Subsections
18-804.05C, D and E above.
[Ord. No. 2009-19 § 1; Ord. No. 2009-28 § 1; Ord. No. 2013-29; Ord.
No. 2014-10]
A. Continuance.
1. Except as otherwise provided in this section, the lawful use of land
or buildings existing at the date of adoption of this chapter may
be continued although such use or building does not conform to the
regulations specified by this chapter for the zone in which such land
or building is located; provided, however:
a. That no lot nonconforming to the standards set forth in its zoning
district shall be further reduced by the owner;
b. That no nonconforming nonresidential building shall be enlarged,
extended or increased unless such enlargement does not increase the
degree of nonconformance or does not expand upon the existing footprint
of the building.
c. That an existing single residential building, with or without basement
apartment, on any lot, may be replaced, extended or increased in size
provided that the residential building as altered, does not increase
the degree of existing nonconformity and meets all of the existing
conforming setback, lot coverage and height requirements of the then
current zone.
d. That in zones where duplexes are a permitted use, when there exists
on any lot, two separate residential buildings, each having a certificate
of occupancy, the two buildings may be replaced with one duplex provided
the duplex, does not increase the degree of existing nonconformity
and meets all of the existing conforming setback, lot coverage and
height requirements, of the then current zone;
e. That no conforming use may be expanded, except as permitted by this §
18-806.
f. That a single-family residential dwelling may be constructed on a
vacant nonconforming lot provided the single-family residential building
meets all of the setback and height requirements of the then current
zone. The maximum lot coverage requirement for nonconforming, single-family
residential lots shall be 35%.
B. Abandonment. A nonconforming nonresidential use shall be adjudged
as abandoned when there occurs a cessation of any use or activity
by an apparent act or failure to act on the part of the tenant or
owner to reinstate such use within a period of one year from the date
of cessation or discontinuance.
C. Restoration. If any nonconforming building shall be destroyed or
demolished by any reason of windstorm, fire, explosion or other event
or the public enemy or the voluntary act of the owner such building
may be rebuilt, restored or repaired providing that the construction
does not increase the prior degree of nonconformance (except as to
residential buildings as provided in Subsection 18-806A1c or d above).
Nothing in this chapter shall prevent the strengthening or restoring
to a safe condition of any wall, floor or roof which has been declared
unsafe by the Building Inspector.
D. Reversion. No nonconforming use shall, if once changed into a conforming
use, be changed back again into a nonconforming use.
E. District Changes. Whenever the boundaries of a district shall be
changed so as to transfer an area from one district to another of
a different classification, the foregoing provisions shall also apply
to any nonconforming uses existing therein or created thereby.
[Ord. No. 2006-16 § 1; Ord. No. 2010-62]
A. Minimum Standards: Off-street parking space, together with appropriate
access thereto, shall be provided in accordance with the following
minimum standards:
1. Residential developments shall provide parking in accordance with
the requirements of the Residential Site Improvement Standards for
single-family detached dwellings with up to five bedrooms. The parking
requirements for single-family detached dwellings with six or more
bedrooms shall be as follows:
6 Bedroom
|
3.5 (4 spaces)
|
7 Bedroom
|
4.0 (4 spaces)
|
8 Bedroom
|
4.5 (4 spaces)
|
9 Bedroom
|
5.0 (5 spaces)
|
10 Bedroom
|
5.5 (5 spaces)
|
Note: Basements shall be considered two bedrooms in determining
the number of bedrooms in a dwelling and habitable attics shall be
considered one bedroom in determining the number of bedrooms in a
dwelling. [Ord. No. 2017-27 § 2]
|
2. Public or private schools: See §
18-906.
3. Religious facilities and houses of worship: See §
18-905.
4. Other public buildings: one space for each 400 square feet of gross
floor area.
B. Business uses shall comply with the following standards, but in no
case shall less than three spaces be provided:
1. Retail trade or personal service establishments, other than in a
shopping center of 100,000 square feet or more: one space for each
200 square feet of gross floor area.
2. Shopping center of 100,000 square feet or more: one space for each
225 square feet of gross floor area.
3. Business and professional offices and banks, other than medical or
dental: one space for each 250 square feet of gross floor area.
[Ord. No. 2017-28; Ord. No. 2017-51 § 1; Ord. No. 2019-15]
4. Medical or dental office: one space for each 150 square feet of gross
floor area.
5. Community Based Health Care Facilities: one and one-quarter (1.25)
spaces for every examination room.
6. Wholesale trade establishments: one space for each 300 square feet
of sales floor or display area and one space for every 1,000 square
feet devoted to the warehouse.
7. Restaurants: one space per 50 square feet of floor area devoted to
patron use.
8. Theaters: one space for each two public seats.
9. All nonresidential uses below the third (3) floor/ level in the B-2
zoning district are exempt from the parking requirements of this section.
[Ord. No. 2017-51 § 1]
C. Design, construction and location.
1. Required parking areas shall be on the same lot as the principal
building or premises for which such parking spaces are provided. The
applicant may provide the parking on another parcel, which may or
may not be contiguous to the parcel, provided that the parking lot
is within 1,000 feet from the parcel in which the principal building
is located and provides assurances acceptable to the appropriate Board
that the parking will remain available in the future. Each parking
space shall have minimum dimensions of nine feet by 18 feet.
2. Parking areas where shopping carts are provided shall provide one
or more cart corrals.
3. Parking areas shall be suitably drained, maintained in good condition
and have adequate means of ingress and egress. Off-street parking
required in conjunction with nonresidential uses shall be adequately
paved and drained in accordance with Township specifications.
4. Not more than two driveways, of not less than 20 feet nor more than
30 feet in width, used as a means of ingress and egress for nonresidential
off-street parking areas, shall be permitted for each three (300)
feet of frontage upon a public street, nor shall any driveway be located
closer than 30 feet to the intersection of two public streets.
5. All nonresidential use off-street parking areas shall be adequately
lighted, and such lighting shall be focused downward in such a way
as not to cause light glare onto adjacent properties.
6. Parking facilities in the M-1, B4, BP1, BP2 and BP3 zones may be located in any yard space but shall not be closer than 20 feet from any street line where not in conflict with §
18-803.
7. Handicap parking shall be provided in accordance with the requirements
of the New Jersey Barrier-Free Subcode.
8. Facilities that require bus parking shall design spaces in accordance
with the following:
a. Full size bus parking spaces shall be a minimum of 12 feet wide by
40 feet long; or
b. Mini bus parking spaces shall be a minimum of 10 feet wide by 20
feet long.
9. Where a residential subdivision is designed so as to not permit on-street
parking in accordance with the Residential Site Improvement Standards,
the developer shall post "No Parking" signs throughout the development.
D. Commercial Vehicles Prohibited During Certain Hours.
1. No commercially-registered vehicles with more than one and one-half
(1-1/2) ton payload capacity or more than four wheels (two axles)
shall be parked out-of-doors between 6:00 p.m. and 7:00 a.m. in any
residential zone. This prohibition shall apply to driveways, parking
areas and streets. The parking of light utility trailers of the type
used to transport lawn care equipment also shall be prohibited between
the hours of 6:00 p.m. and 7:00 a.m. in any residential zone district.
2. No more than one commercially-registered vehicle with a payload capacity
of one and one-half (1-1/2) tons or less and no more than four wheels
may be parked overnight in a residential zone district so long as
such vehicle is parked in a garage, driveway or a resident's designated
parking area, but not on a public street.
[Ord. No. 2013-51; Ord. No. 2015-43; Ord.
No. 2016-11 § 3]
Each development application shall include a sign plan showing the specific design, location, size, height, construction and illumination of proposed signs in accordance with the following regulations and §
18-804.05:
A. General Regulation.
1. Any sign hereafter erected in Lakewood Township which is exposed
to public view shall conform with the provisions of this chapter and
any other ordinance or regulation of Lakewood Township or the County,
State or Federal government relating to the erection, or maintenance
of signs. In the event of conflicting regulations, the most restrictive
regulation shall prevail.
2. No sign, other than exempt signs, shall be erected without first
obtaining a sign permit from the Zoning Office. Permit applications
for signs larger than six square feet in area shall be accompanied
by a plan, drawn to scale, showing details of the sign, its size and
location on the building and/or lot. Permits for window signs and
changeable copy signs shall be valid as long as there is no change
in the area, location, and type of such signs which have been authorized
by permit. Fees for sign permits shall be paid in accordance with
a fee schedule adopted by the Township Committee.
3. All signs shall be kept in a proper state of repair, in accordance
with the requirements of the Township's Building Code, Property Maintenance
Code, and any other pertinent regulations. Signs which fall into such
a state of disrepair as to become unsightly or to pose a threat to
public safety may be removed by the Township 30 days following notice
by certified mail to the owner of record and the Township shall have
the right to recover from said owner the full costs of the removal
and disposal of such signs.
4. No permanent sign other than traffic or similar official signs shall
be erected within or project over the right-of-way of any public street,
except as hereafter provided.
5. No sign shall be erected that is of such character, form, shape or
color that it imitates or resembles any official traffic sign, signal
or device, or that has any characteristics which are likely to confuse
or dangerously distract the attention of the operator of a motor vehicle
on a public street.
6. No sign shall be erected at the intersection of any streets improved
for vehicular traffic within the triangular area formed by the right-of-way
lines, and a line connecting them at points 25 feet from their intersection
unless the topmost portion of said sign is less than three feet. In
no case shall any sign be so erected that it impedes the vision of
motorists or pedestrians, or otherwise endangers their safety.
7. No sign shall be placed on any residential or commercial building
rooftop, fence, tree, telegraph, electric light, or public utility
pole, or upon rocks or other natural features.
[Ord. No. 2017-30]
8. The aggregate total area of all permanent signs on a lot shall not
exceed the limitations of this section. Permanent signs visible on
or through windows, are included within these limitations.
9. Freestanding signs, except for directional signs or identification
signs, shall comply with the following:
a. Freestanding signs shall be permitted only in a front yard.
b. No sign shall be erected closer to the street or property line than
15 feet, measured from the nearest portion of the sign to the right-of-way
line. (Including the sign face and not necessarily the sign structure)
c. Signs with two exposures shall be measured for sign area by using
the surface of one side of the sign only, however, both sides must
be used for the same message.
d. A freestanding sign and/or a wall sign shall not be utilized together
to identify the same establishment on the same street frontage, except
as follows:
(1)
A freestanding identification sign and wall identification sign
may be utilized together when identifying a shopping center, planned
office, industrial park, public facility, public and private schools
and houses of worship.
(2)
The area of such signs shall not exceed the maximum area as
identified in this section.
e. A freestanding sign and/or wall sign may be used in conjunction with
projecting identification signs for individual uses.
(1)
Projecting signs do not exceed four square feet in area.
(2)
Wall identification signs shall not exceed the maximum area
as established herein.
10. Schedule of Sign Use Regulations. Signs shall be permitted in each
zoning district according to the following use regulations and other
applicable requirements of this section. Standards for the types of
signs permitted herein are set forth in this section.
a.
Permitted Signs in Residential Districts: Only one of these
listed may be placed on any one lot.
Uses or Function
|
Type of Sign Permitted
|
Other Regulations
|
---|
Identification
|
Ground, Wall
|
Notwithstanding size standards contained in this section, the
maximum size of a sign shall not exceed four square feet, and four
feet in height.
|
Nameplate
|
Ground, Projecting, Wall
|
Notwithstanding size standards contained in this section, the
maximum size of a sign shall not exceed one and one-half (1 1/2)
square feet, and four feet in height.
|
"No Solicitation"
|
Wall
|
Sign shall be located on or within two feet of front door and
shall not exceed one square foot, and four feet in height.
|
b.
Permitted signs in non-residential districts:
Uses or Function
|
Types of Sign Permitted
|
Other Regulations
|
---|
Real Estate Advertising
|
Ground
|
Only one per lot permitted on undeveloped lots
|
Business
|
Ground and Wall
|
Only one type of sign permitted for each separate street frontage
of a business occupancy.(1)
|
Directory
|
Ground
|
Only two signs per lot are permitted at its main ingress or
egress points
|
Nameplate
|
Ground, Projecting, Wall
|
Only one type of sign permitted for each occupant of a lot.
Notwithstanding this section, maximum sign area shall not exceed eight
sq. ft.
|
"No Solicitation"
|
Wall
|
Signs shall be located on or within two feet of front door and
shall not exceed one square foot, and four feet in height.
|
(1) If a wall of a building housing
a business has exposure to a street but does not have frontage on
the same street, one additional wall sign may be permitted on that
wall. The height, area, dimensions, and construction of the sign shall
be in accordance with all applicable requirements and limitations
of this section.
|
11. Sign Standards. The types of signs permitted in this section shall
comply with the standards listed in the schedule below and shall also
be subject to other applicable regulations as set forth herein.
a.
Nonresidential sign standards for freestanding signs.
Abutting R.O.W.
|
---|
All Lanes of Traffic
|
Speed (mph)
|
Max
Sign Area (SF)
|
Max
Height (ft)
|
---|
2
|
15-25
|
15
|
5
|
|
30-40
|
35
|
6
|
|
45-55
|
75
|
20
|
4
|
30-40
|
50
|
18
|
|
45-55
|
120
|
22
|
6
|
30-40
|
65
|
20
|
|
45-55
|
130
|
24
|
b.
Height Exceptions: Projections which are decorative and do not
total more than 10% of the total sign size, or 20% of the vertical
dimension of the sign shall not be counted in the height.
c.
Size Exceptions: A total increase of up to 10% in size and height
may be allowed for signs which incorporate as an integral part of
the sign's design:
(1)
Raised, carved or sandblasted copy or border
(2)
Non-rectilinear or non-square shape
12. Prohibited Signs.
Any other provisions of this section notwithstanding, the following
signs shall be prohibited in all zoning districts:
a.
Signs which contain or are an imitation of an official traffic
signal or hide from view any traffic street signal or sign.
b.
Billboards and other signs which advertise, promote, indicate
the location of, or otherwise direct attention to a business, product,
service or establishment that is not available on the lot upon which
the sign is located, except where digital billboards are conditionally
permitted by this act.
[Ord. No. 2016-11 § 3]
c.
Signs which are designed to move, either by mechanical or other
means.
d.
Signs which contain or consist of banners, posters, pennant
ribbons, streamers, strings of light bulbs, spinners, or other similarly
moving devices.
e.
Signs which flash, except for time and temperature indicator.
f.
Signs which emit odors or smoke or produce noise or sounds capable
of being heard even though the sounds produced are not understandable.
g.
Silhouetted or three dimensional signs; e.g., signs lacking
a background and having letters, figures, or devices silhouetted against
the sky or other open space not a part of the sign, and, or signs
in which objects or representational devices are present in the round,
or other than in a vertical plane.
13. Supplementary Sign Regulations and Design Considerations.
The following regulations shall also apply to all permitted
signs as set forth herein:
a.
Interior Signs. No interior sign shall cover more than 25% of
the window upon which it is affixed, displayed, or painted. The Zoning
Official may, upon written application, grant permission during or
prior to community wide sales days for interior signs to cover not
more than 50% in area of each window, but such signs shall not be
maintained for more than 15 days.
b.
Canopy, Awning and Marquee Signs. Signs shall not be permitted
on any canopy, awning or marquee, other than signs built into and
forming a part of the structure of the canopy, awning or marquee.
Such canopy, awning or marquee signs shall not exceed a height of
three feet, a total area of 21 square feet on any one side and shall
not extend beyond the canopy, awning or marquee's edge. Further, only
that portion of the canopy, awning or marquee containing such sign
may be illuminated. Minimum clearance, when over a walkway or sidewalk,
not in a public right of way, shall be eight feet; when over a thoroughfare,
not in a public right of way, it shall be 10 feet.
c.
Wall signs. Wall signs shall be attached to the face of the
building in a plane parallel to such face and projecting not more
than 12 inches therefrom and shall not extend higher than the top
of the parapet.
(1)
No wall sign or combination of signs on any single frontage
in a business district, including interior signs, shall exceed an
area equivalent to 100% of the linear length of the structure on such
frontage or a maximum of 100 square feet, whichever is less, for said
structure.
[Amended 8-17-2023 by Ord. No. 2023-28]
(2)
Where an establishment for which business signs are permitted
has a rear entrance on a public way or frontage on two or more streets,
such as a corner, wall signs shall be permitted as established in
this section.
(3)
Wall signs shall not cover wholly or partially, any wall opening
including doors, fire escapes, and windows, nor project beyond the
ends of the wall to which it is attached. All such signs must be safely
and adequately attached to said building wall by means satisfactory
to the Construction Official.
d.
Changeable Copy Signs. Permitted as a conditional use provided
the following standards are met:
(1)
The need for a changeable copy sign is demonstrated on the basis
of the public's need to be appraised of special events, attractions,
or similar time-related notices. Changeable copy shall not be used
to advertise merchandise or special sales events. Prices of limited
products which are typically provided to the general public, such
as gasoline prices, may be displayed on a changeable copy sign.
(2)
All such signs shall be permanently affixed to the ground or
to a structure.
(3)
Copy shall be changed electronically or by means of moveable
lettering which is more than one-eighth (1/8) inch in thickness.
(4)
Changeable copy signs may not be located in any residential
zoning district.
(5)
Changeable copy signs may be either freestanding or marquee
signs.
(6)
No more than one changeable copy sign shall be permitted per
use, per street frontage.
(7)
The sign area of a changeable copy sign shall be included in
the total permissible sign area for a freestanding or marquee sign.
(8)
A changeable copy sign must be part of a site identification
sign and shall not stand alone.
(9)
Any sign utilizing computer controlled moveable illumination
symbols or lettering shall be subject to the following:
(a) The sign shall be restricted to no more than three
lines of text.
(b) All illumination elements on the face of the sign
shall remain at a fixed level of illumination for a period of not
less than four seconds.
(c) Changes from one message to another shall be accomplished
by the change of all illumination elements on the face of the sign
simultaneously, with the provision that the sign may fade to complete
darkness and then re-illuminate with or fade to the new message.
(d) Scrolling of messages shall not be permitted.
(e) No representation of images other than letters
and numbers shall be permitted.
(f) The signs shall be equipped with the ability to
adjust the brightness of the sign, and shall not be operated at a
brightness that is substantially greater than other sources of illumination
in the area.
f.
Sign Location. Signs may be located on a lot so that they shall
not be in or within the public right of way nor interfere with sight
distances at street intersections or ingress and egress points to
a lot. Signs designed to be seen from vehicles should be perpendicular
to the line of travel while signs designed to be read on foot can
be parallel with walks. To the extent possible, adjacent signs on
the same or adjoining buildings should be placed within the same horizontal
band and be of reasonably harmonious materials and colors.
g.
Maximum Sign Dimension. The minimum sign outline dimension in
any direction shall be no more than 1/3 the maximum sign outline dimension.
h.
Design Theme. There should be a consistent sign design theme
throughout a particular project. The design theme would include style
of lettering, construction, material, type of pole or standard, (i.e.
wood or metal), size, and lighting. Color of letters and background
should be carefully considered in relation to building material color
or where the signs are proposed to be located. Signs should be a subordinate
rather than predominant feature of a plan.
i.
Sign Lettering. The general standard for directional signs is
a letter size of two inches plus one additional inch for each 25 feet
of viewing distance. A sign designed to be read from 100 feet should
have letters of at least six inches high. Adjacent signs should be
of the same height.
j.
Landscaping. The base of any freestanding sign shall be landscaped
to visually buffer the sign elements.
B. Exempted Signs. The following signs are exempt from the need to secure
sign permits:
1. Decorations for a recognized officially designated holiday provided
they do not create a traffic or fire hazard, and provided that provision
is made for their removal within 30 days after the holiday.
2. Official municipal, County, State, or Federal governmental signs.
3. Memorial or historic markers when approved by the Board or Historical
Preservation Commission and when not more than six square feet in
area.
4. Change in the copy of a changeable copy sign or marquee sign, once
a permit for that sign has been issued.
5. Political signs provided they do not impede site visibility at all
street and property lines, and are not more than 32 square feet. Political
signs shall be permitted within 30 days prior to any municipal, County,
State or National election or referendum and are removed within seven
days after the election or referendum.
6. Street number designations, names on mailboxes or residences, postal
boxes, "Private Property," "No Hunting," "No Trespassing," onsite
directional and parking signs and warning signs are permitted in all
zoning districts but are not considered in calculating sign area.
No such signs shall exceed two square feet.
7. Temporary yard or garage sale signs. Such signs may not exceed four
square feet; may not be erected more than seven days prior to such
sale; and, must be removed within 48 hours after the sale. No premise
shall be permitted to erect such signs more than two times in any
calendar year.
8. Temporary real estate signs on the lot on which the real estate for
rent, lease or sale is located. Said sign for a lot under five acres
may not be larger than six square feet nor more than four feet high.
Said sign for a lot five acres or more may not be larger than 32 square
feet nor more than five feet high. They must be removed within seven
days of the sale, rental, or lease of the premise to which the sign
relates.
9. Sale or rent signs. Sign(s) advertising that the premises are for
lease, sale or rent are permitted, provided that each real estate
firm shall be limited to one such sign not to exceed 12 square feet
in area on each lot or parcel of property for which such firm has
a bona fide listing and that such sign shall be removed from the premises
within 10 days subsequent to the leasing, sale or rental of such premises.
10. Temporary signs announcing an event sponsored by a Lakewood Township-based
nonprofit organization, provided that such signs are set back at least
15 feet from any street or property line, each sign is not greater
than 24 square feet and no higher than five feet, and that such signs
are only erected within 14 days prior to the event and removed within
three days after the event.
11. Emergency warning signs erected by a public utility, pipeline company,
or contractor doing such work authorized or permitted by such utility
or company. Such signs may be illuminated.
12. Flags of the United States, the States, County or municipality, and
any other flag adopted and sanctioned by an elected legislative body
of competent jurisdiction, provided that such flag shall not exceed
60 square feet in area and shall not be flown from a pole that exceeds
35 feet in height. Other flags shall be considered freestanding signs
and shall be governed by such regulations that may apply in the zoning
district in which such flag is located. Flags may be illuminated.
13. Residential freestanding signs provided that the size of the sign
does not exceed four square feet in area nor four feet in height and
shall be set back a minimum of 15 feet from a street line or property
line.
14. Temporary signs of contractors, mechanics, painters, paperhangers
and/or artisans, on the lot on which the contracting work is being
performed. Said signs may not be larger than six square feet nor more
than four feet high. They must be removed within seven days of the
completion of the work to which the sign relates.
C. Temporary Signs.
1. Temporary project development signs shall be permitted where final
approval of a major site plan or major subdivision has been granted
by a board of competent jurisdiction and which indicate the name of
the development, developer, financier, or major contractor; provided
that no more than one sign per street frontage is erected and the
sign area does not exceed 32 square feet or six feet in height. All
such signs shall be removed within 14 days of the issuance of a certificate
of occupancy that permits the occupation of a building in the case
of a non-residential development, or when 95% of the dwelling units
in a residential development have been issued certificates of occupancy.
2. Grand Opening Signs are permitted, provided that:
a. Such signs are removed within 30 days of the initial opening of the
business or change in the ownership of the premises on which the sign
is located.
b. Grand opening signs may be wall signs, freestanding signs, or banners.
c. Grand opening signs shall not exceed the total sign area permitted
on the premises for permanent signs. Such signs shall be permitted
in addition to any permanent signage allowed. For the purpose of this
subsection, the total sign area of banners and freestanding signs
shall not exceed 40 square feet and six feet in height. Further, banners
may only be located on building fronts, and not used as a freestanding
sign.
3. Special sale signs are permitted, provided that:
a. Such signs are permitted for 90 days within a calendar year.
b. Special sale signs may be wall signs, banners, or ground signs.
c. Special sale signs shall not exceed the total sign area permitted
on the premises for permanent signs. Such signs shall be permitted
in addition to any permanent signage allowed. For the purpose of this
subsection, the total sign area of banners and freestanding signs
shall not exceed 40 square feet and six feet in height. Further, banners
may only be located on building fronts, and not used as a freestanding
sign.
D. Signs for Public and Private Schools and Houses of Worship.
1. Public and Private Schools and houses of worship in non-residential
districts shall be permitted the same signage permitted for commercial
uses in those districts.
2. Public and private schools and houses of worship in residential districts:
a. Public and private schools and houses of worship shall be permitted
one freestanding sign and one wall-mounted sign per street frontage.
(1)
The free standing sign shall not exceed 20 square feet and shall
not exceed five feet in height.
(2)
All freestanding signage should be monument style signage. No
pole mounted signage is permitted.
(3)
No wall mounted or freestanding signs shall be internally illuminated.
(4)
Wall-mounted signage shall not exceed 15 square feet. Lettering
on wall-mounted signage shall not exceed 18 inches in height.
(5)
Lettering or symbols carved within the building façade
shall have no size requirement and shall be located on any façade
of the building.
E. Temporary Advertising Signs at Local Events. The purpose of this
subsection is to regulate and control temporary advertising signs
at local events.
1. Temporary advertising signs may be placed at public locations and
private property with the permission of the private property owner.
2. No sign shall exceed 18 inches by 24 inches in dimension.
3. There shall be a one hundred ($100) dollar fee paid for this permit.
In addition, there will be a one ($1) dollar fee charged for each
temporary advertising sign placed within the Township. These fees
will be paid by the applicant to the Township, through the Zoning
Officer, at the time of application, prior to any signs being placed.
These fees are non-refundable.
4. These signs will be permitted to be displayed for a maximum of 25
days. A $500 deposit will be paid to the Zoning Officer by the applicant
prior to any signs being placed. If any of the signs are still displayed
after 25 days, the Township will remove and destroy them. If all of
the signs are removed within the 25 day time frame, the $500 deposit
will be returned to the applicant.
5. The applicant will be issued a permit number to be placed on the
sign, along with the date as it appears on the application. Failure
to do so will negate the return of the five hundred ($500) dollar
deposit.
6. Application for the permit for each sign shall be made to the Zoning
Officer on a form promulgated by the Zoning Officer.
[Ord. No. 2015-43]
[Repealed and replaced 7-18-2024 by Ord. No. 2024-023. History includes
Ord. No. 2006-22, Ord. No. 2007-1, Ord. No. 2013-76, Ord. No. 2018-27, Ord. No. 2018-65 and Ord.
No. 2021-20.
Editor's Note: The term "this section" as used in subsections
18-815.1.1 through 18-815.1.15 refer the Section
18-815.1 including subsections
18-815.1.1 through 18-815.1.15.
[Added 7-18-2024 by Ord.
No. 2024-023]
A. Policy Statement.
Flood control, groundwater recharge, and pollutant reduction
shall be achieved through the use of stormwater management measures,
including green infrastructure Best Management Practices (GI BMPs)
and nonstructural stormwater management strategies. GI BMPs and low
impact development (LID) should be utilized to meet the goal of maintaining
natural hydrology to reduce stormwater runoff volume, reduce erosion,
encourage infiltration and groundwater recharge, and reduce pollution.
GI BMPs and LID should be developed based upon physical site conditions
and the origin, nature and the anticipated quantity, or amount, of
potential pollutants. Multiple stormwater management BMPs may be necessary
to achieve the established performance standards for water quality,
quantity, and groundwater recharge.
B. Purpose.
The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in §
18-815.1.2.
C. Applicability.
1.
This section shall be applicable to the following major developments:
a.
Non-residential major developments; and
b.
Aspects of residential major developments that are not pre-empted
by the Residential Site Improvement Standards at N.J.A.C. 5:21.
2.
This section shall also be applicable to all major developments
undertaken by Township of Lakewood.
3.
An application required by ordinance pursuant to C1 above that
has been submitted prior to July 18, 2024, shall be subject to the
stormwater management requirements in effect on July 17, 2024.
4.
An application required by ordinance for approval pursuant to
C1 above that has been submitted on or after March 2, 2021, but prior
to July 18, 2024, shall be subject to the stormwater management requirements
in effect on July 17, 2024.
5.
Notwithstanding any rule to the contrary, a major development
for any public roadway or railroad project conducted by a public transportation
entity that has determined a preferred alternative or reached an equivalent
milestone before July 17, 2023, shall be subject to the stormwater
management requirements in effect prior to July 17, 2023.
D. Compatibility with Other Permit and Ordinance Requirements.
Development approvals issued pursuant to this section are to
be considered an integral part of development approvals and do not
relieve the applicant of the responsibility to secure required permits
or approvals for activities regulated by any other applicable code,
rule, act, or ordinance. In their interpretation and application,
the provisions of this section shall be held to be the minimum requirements
for the promotion of the public health, safety, and general welfare.
This section is not intended to interfere with, abrogate, or
annul any other ordinances, rule or regulation, statute, or other
provision of law except that, where any provision of this section
imposes restrictions different from those imposed by any other ordinance,
rule or regulation, or other provision of law, the more restrictive
provisions or higher standards shall control.
[Added 7-18-2024 by Ord.
No. 2024-023]
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 Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
CAFRA CENTERS, CORES OR NODES
Means those areas with boundaries incorporated by reference
or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
CAFRA PLANNING MAP
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).
COMMUNITY BASIN
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.
COMPACTION
Means the increase in soil bulk density.
CONTRIBUTORY DRAINAGE AREA
Means the area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
CORE
Means a pedestrian-oriented area of commercial and civic
uses serving the surrounding municipality, generally including housing
and access to public transportation.
COUNTY REVIEW AGENCY
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:
A.
A county planning agency, or
B.
A county water resource association created under N.J.S.A 58:16A-55.5,
if the ordinance or resolution delegates authority to approve, conditionally
approve, or disapprove municipal stormwater management plans and implementing
ordinances.
DEPARTMENT
Means the Department of Environmental Protection.
DESIGN ENGINEER
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.
DESIGNATED CENTER
Means a State Development and Redevelopment Plan Center as
designated by the State Planning Commission such as urban, regional,
town, village, or hamlet.
DEVELOPMENT
Means 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 of agricultural land, development
means: any activity that requires a State permit, any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A 4:1C-1 et seq.
DISTURBANCE
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.
DRAINAGE AREA
Means a geographic area within which stormwater, sediments,
or dissolved materials drain to a particular receiving waterbody or
to a particular point along a receiving waterbody.
EMPOWERMENT NEIGHBORHOODS
Means neighborhoods designated by the Urban Coordinating
Council "in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A 55:19-69.
ENVIRONMENTALLY CONSTRAINED AREA
Means the following areas where the physical alteration of
the land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
ENVIRONMENTALLY CRITICAL AREA
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 Department's Landscape
Project as approved by the Department's Endangered and Nongame
Species Program.
EROSION
Means the detachment and movement of soil or rock fragments
by water, wind, ice, or gravity.
GREEN INFRASTRUCTURE
Means a stormwater management measure that manages stormwater
close to its source by:
A.
Treating stormwater runoff through infiltration into subsoil;
B.
Treating stormwater runoff through filtration by vegetation
or soil; or
C.
Storing stormwater runoff for reuse.
HUC 14 OR HYDROLOGIC UNIT CODE 14
Means an area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
IMPERVIOUS SURFACE
Means a surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
INFILTRATION
Is the process by which water seeps into the soil from precipitation.
LEAD PLANNING AGENCY
Means one or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
MAJOR DEVELOPMENT
Means an individual "development," as well as multiple developments
that individually or collectively result in:
A.
The disturbance of one or more acres of land since February
2, 2004;
B.
The creation of 1/4 acre or more of "regulated impervious surface"
since February 2, 2004;
C.
The creation of 1/4 acre or more of "regulated motor vehicle
surface" since March 2, 2021; or
D.
A combination of B and C above that totals an area of one-quarter
acre or more. The same surface shall not be counted twice when determining
if the combination area equals one-quarter 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 1, 2, 3, or 4 above. Projects undertaken by any government
agency that otherwise meet the definition of "major development" but
which do not require approval under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., are also considered "major development."
|
MOTOR VEHICLE
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.
MOTOR VEHICLE SURFACE
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, race-tracks, and runways.
MUNICIPALITY
Means any city, borough, town, township, or village.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
Means the manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this 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 subsection
18-815.1.4F 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.
NODE
Means an area designated by the State Planning Commission
concentrating facilities and activities which are not organized in
a compact form.
NUTRIENT
Means a chemical element or compound, such as nitrogen or
phosphorus, which is essential to and promotes the development of
organisms.
PERSON
Means any individual, corporation, company, partnership,
firm, association, political subdivision of this State and any state,
interstate or Federal agency.
POLLUTANT
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.
PUBLIC ROADWAY OR RAILROAD
Means a pathway for use by motor vehicles or trains that
is intended for public use and is constructed by, or on behalf of,
a public transportation entity. A public roadway or railroad does
not include a roadway or railroad constructed as part of a private
development, regardless of whether the roadway or railroad is ultimately
to be dedicated to and/or maintained by a governmental entity.
PUBLIC TRANSPORTATION ENTITY
Means a Federal, State, county, or municipal government,
an independent State authority, or a statutorily authorized public-private
partnership program pursuant to P.L. 2018, c. 90 (N.J.S.A. 40A:11-52
et seq.), that performs a public roadway or railroad project that
includes new construction, expansion, reconstruction, or improvement
of a public roadway or railroad.
RECHARGE
Means the amount of water from precipitation that infiltrates
into the ground and is not evapotranspired.
REGULATED IMPERVIOUS SURFACE
Means any of the following, alone or in combination:
A.
A net increase of impervious surface;
B.
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);
C.
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
D.
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
REGULATED MOTOR VEHICLE SURFACE
Means any of the following, alone or in combination:
A.
The total area of motor vehicle surface that is currently receiving
water;
B.
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
SEDIMENT
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.
SITE
Means the lot or lots upon which a major development is to
occur or has occurred.
SOIL
Means all unconsolidated mineral and organic material of
any origin.
STATE PLAN POLICY MAP
Is defined as the geographic application of the State Development
and Redevelopment Plan's goals and statewide policies, and the
official map of these goals and policies.
STORMWATER
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.
STORMWATER MANAGEMENT BMP
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).
STORMWATER MANAGEMENT MEASURE
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.
STORMWATER MANAGEMENT PLANNING AREA
Means the geographic area for which a stormwater management
planning agency is authorized to prepare stormwater management plans,
or a specific portion of that area identified in a stormwater management
plan prepared by that agency.
STORMWATER RUNOFF
Means water flow on the surface of the ground or in storm
sewers, resulting from precipitation.
TIDAL FLOOD HAZARD AREA
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.
URBAN ENTERPRISE ZONES
Means a zone designated by the New Jersey Enterprise Zone
Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A.
52:27H-60 et. seq.
URBAN REDEVELOPMENT AREA
Is defined as previously developed portions of areas:
A.
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan
Planning Area (PA1), Designated Centers, Cores or Nodes;
B.
Designated as CAFRA Centers, Cores or Nodes;
C.
Designated as Urban Enterprise Zones; and
D.
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATER CONTROL STRUCTURE
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.
WATERS OF THE STATE
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.
WETLANDS OR WETLAND
Means an area that is inundated or saturated by surface water
or ground water at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
[Added 7-18-2024 by Ord.
No. 2024-023]
A. Stormwater management measures for major development shall be designed
to provide erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment as follows:
1.
The minimum standards for erosion control are those established
under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq.,
and implementing rules at N.J.A.C. 2:90.
2.
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
B. The standards in this section apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or Water Quality
Management Plan adopted in accordance with Department rules.
Note: Alternative standards shall provide at least as much protection
from stormwater-related loss of groundwater recharge, stormwater quantity
and water quality impacts of major development projects as would be
provided under the standards in N.J.A.C. 7:8-5.
[Added 7-18-2024 by Ord.
No. 2024-023]
A. The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with subsection
18-815.1.10.
B. Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).
C. The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of §
18-815.1.4P, Q and R:
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. A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of §
18-815.1.4O, P, Q and R may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
1.
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
2.
The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of §
18-815.1.4O, P, Q and R to the maximum extent practicable;
3.
The applicant demonstrates that, in order to meet the requirements of §
18-815.1.4O, P, Q and R, existing structures currently in use, such as homes and buildings, would need to be condemned; and
4.
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under §
18-815.1.4D.3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of §
18-815.1.4O, P, Q and R that were not achievable onsite.
E. Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in §
18-815.1.4O, P, Q and R. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://dep.nj.gov/stormwater/bmp-manual/.
F. Where the BMP tables in the NJ Stormwater Management Rule are different
due to updates or amendments with the tables in this section the BMP
Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall
take precedence.
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
|
---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(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)
No(c)
|
2(b)
1(c)
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
Vegetative Filter Strip
|
60 to 80
|
No
|
No
|
—
|
(Notes corresponding to annotations(a) through(g) are found following Table
3)
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity (or
for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver
or Variance from N.J.A.C. 7:8-5.3)
|
---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
---|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
Standard constructed wetland
|
90
|
Yes
|
No
|
N/A
|
Wet pond(d)
|
50 to 90
|
Yes
|
No
|
N/A
|
(Notes corresponding to annotations(b) through(d) are found following Table
3)
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C.
7:8-5.3
|
---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(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 to 60
|
Yes
|
No
|
1
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
Sand filter(c)
|
80
|
Yes
|
No
|
1
|
Subsurface gravel wetland
|
90
|
No
|
No
|
1
|
Wet pond
|
50 to 90
|
Yes
|
No
|
N/A
|
(Notes corresponding to annotations(b) through(d) are found following Table
3)
|
Notes to Tables 1, 2, and 3:
|
(a)
|
Subject to the applicable contributory drainage area limitation
specified at § 18-815.1.4O2;
|
(b)
|
Designed to infiltrate into the subsoil;
|
(c)
|
Designed with underdrains;
|
(d)
|
Designed to maintain at least a ten-foot wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
(e)
|
Designed with a slope of less than 2%;
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at § 18-815.1.2;
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at § 18-815.1.2.
|
G. An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with §
18-815.1.4B. Alternative stormwater management measures may be used to satisfy the requirements at §
18-815.1.4O only if the measures meet the definition of green infrastructure at §
18-815.1.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at §
18-815.1.4O.2 are subject to the contributory drainage area limitation specified at §
18-815.1.4O.2 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 §
18-815.1.4O.2 shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with §
18-815.1.4D is granted from §
18-815.1.4O.
H. Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
I. Design standards for stormwater management measures are as follows:
1.
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
2.
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 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 §
18-815.1.8C;
3.
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement;
4.
Stormwater management BMPs shall be designed to meet the minimum
safety standards for stormwater management BMPs at § 18-815.18;
and
5.
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.
J. Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at §
18-815.1.2 may be used only under the circumstances described at § 18-815.4O4.
K. Any application for a new agricultural development that meets the definition of major development at §
18-815.1.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at §
18-815.1.4O, P, Q and R and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
L. If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at §
18-815.1.4P, Q and R 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.
M. Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the Ocean County Clerk. 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 §
18-815.1.4O, P, Q and R 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 § 18-815.1.10B5. 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.
N. A stormwater management measure approved under the municipal stormwater
management plan or ordinance may be altered or replaced with the approval
of the municipality, if the municipality determines that the proposed
alteration or replacement meets the design and performance standards
pursuant to Section IV of this section 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 then be subsequently recorded by the applicant with
the Ocean County Clerk and shall contain a description and location
of the stormwater management measure, as well as reference to the
maintenance plan, in accordance with paragraph M 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 M above.
O. Green Infrastructure Standards.
1.
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.
2.
To satisfy the groundwater recharge and stormwater runoff quality standards at §
18-815.1.4P and Q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at §
18-815.1.4F and/or an alternative stormwater management measure approved in accordance with §
18-815.1.4G. 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 systems
|
Area of additional inflow cannot exceed three 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
|
3.
To satisfy the stormwater runoff quantity standards at §
18-815.1.4R, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with §
18-815.1.4G.
4.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with §
18-815.1.4D is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with §
18-815.1.4G may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at §
18-815.1.4P, Q and R.
5.
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 §
18-815.1.4P, Q and R, unless the project is granted a waiver from strict compliance in accordance with §
18-815.1.4D.
P. Groundwater Recharge Standards.
1.
This subsection contains the minimum design and performance
standards for groundwater recharge as follows:
2.
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at §
18-815.1.5, either:
a.
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual pre-construction groundwater recharge volume for the site;
or
b.
Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the projected two-year storm, as defined and determined pursuant to §
18-815.1.4D of this section, is infiltrated.
3.
This groundwater recharge requirement does not apply to projects
within the "urban redevelopment area," or to projects subject to paragraph
4 below.
4.
The following types of stormwater shall not be recharged:
a.
Stormwater from areas of high pollutant loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with Department approved remedial action work plan
approved pursuant to the Administrative Requirements for the Remediation
of Contaminated Sites rules, N.J.A.C. 7:26C, or Department landfill
closure plan and areas; and areas with high risks for spills of toxic
materials, such as gas stations and vehicle maintenance facilities;
and
b.
Industrial stormwater exposed to "source material." "Source
material" means any material(s) or machinery, located at an industrial
facility, that is directly or indirectly related to process, manufacturing
or other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
Q. Stormwater Runoff Quality Standards.
1.
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of one-quarter acre or more of
regulated motor vehicle surface.
2.
Stormwater management measures shall be designed to reduce the
post-construction load of total suspended solids (TSS) in stormwater
runoff generated from the water quality design storm as follows:
a.
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.
b.
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.
3.
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 two 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.
4.
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
Table 4 - Water Quality Design Storm Distribution
|
---|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
---|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
5.
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,
and
|
A
|
=
|
the TSS Percent Removal Rate applicable to the first BMP
|
B
|
=
|
the TSS Percent Removal Rate applicable to the second BMP.
|
6.
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in §
18-815.1.4P, Q and R.
7.
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
8.
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.
9.
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.
10.
The 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.
R. Stormwater Runoff Quantity Standards.
1.
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
2.
In order to control stormwater runoff quantity impacts, the
design engineer shall, using the assumptions and factors for stormwater
runoff calculations at Section V, complete one of the following:
a.
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the current and projected two-, ten-, and 100-year storm events, as defined and determined in §
18-815.1.5C and D, respectively, of this section, do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events;
b.
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 current and projected two-, ten-, and 100-year storm events, as defined and determined pursuant to §
18-815.1.5C and D, respectively, of this section, 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;
c.
Design stormwater management measures so that the post-construction peak runoff rates for the current and projected two-, ten-, and 100-year storm events, as defined and determined in §
18-815.1.4C and D, respectively, of this section, are 50%, 75%, and 80%, respectively, of the preconstruction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or
d.
In tidal flood hazard areas, stormwater runoff quantity analysis
in accordance with § 18-815.1.4R2a, b and c 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.
3.
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse,
or receiving storm sewer system.
[Added 7-18-2024 by Ord.
No. 2024-023]
A. Stormwater runoff shall be calculated in accordance with the following:
1.
The design engineer shall calculate runoff using the following
method:
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7,
9,
10,
15 and
16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at:
https://directives.sc.egov.usda.gov/viewerFS.aspx?hid=21422
or at United States Department of Agriculture Natural Resources
Conservation Service, New Jersey State Office.
2.
For the purpose of calculating curve numbers 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. The term "number" applies to the NRCS methodology above
at § 18-815.1.5A1. A curve number or a groundwater recharge
land cover for an existing condition may be used on all or a portion
of the site if the design engineer verifies that the hydrologic condition
has existed on the site or portion of the site for at least five years
without interruption prior to the time of application. If more than
one land cover has existed on the site during the five years immediately
prior to the time of application, the land cover with the lowest runoff
potential shall be used for the computations. In addition, there is
the presumption that the site is in good hydrologic condition (if
the land use type is pasture, lawn, or park), with good cover (if
the land use type is woods), or with good hydrologic condition and
conservation treatment (if the land use type is cultivation).
3.
In computing 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.
4.
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
5.
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
B. Groundwater recharge may be calculated in accordance with the following:
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/nigs/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.
C. The precipitation depths of the current two-, ten-, and 100-year
storm events shall be determined by multiplying the values determined
in accordance with items 1 and 2 below:
1.
The applicant shall utilize the National Oceanographic and Atmospheric
Administration (NOAA), National Weather Service's Atlas 14 Point
Precipitation Frequency Estimates: NJ, in accordance with the location(s)
of the drainage area(s) of the site. This data is available at:
https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj;
and
2.
The applicant shall utilize Table 5: Current Precipitation Adjustment
Factors below, which sets forth the applicable multiplier for the
drainage area(s) of the site, in accordance with the county or counties
where the drainage area(s) of the site is located. Where the major
development lies in more than one county, the precipitation values
shall be adjusted according to the percentage of the drainage area
in each county. Alternately, separate rainfall totals can be developed
for each county using the values in the table below.
Table 5: Current Precipitation Adjustment Factors
|
---|
County
|
Current Precipitation Adjustment Factors
|
---|
2-Year Design Storm
|
10-Year Design Storm
|
100-Year Design Storm
|
---|
Atlantic
|
1.01
|
1.02
|
1.03
|
Bergen
|
1.01
|
1.03
|
1.06
|
Burlington
|
0.99
|
1.01
|
1.04
|
Camden
|
1.03
|
1.04
|
1.05
|
Cape May
|
1.03
|
1.03
|
1.04
|
Cumberland
|
1.03
|
1.03
|
1.01
|
Essex
|
1.01
|
1.03
|
1.06
|
Gloucester
|
1.05
|
1.06
|
1.06
|
Hudson
|
1.03
|
1.05
|
1.09
|
Hunterdon
|
1.02
|
1.05
|
1.13
|
Mercer
|
1.01
|
1.02
|
1.04
|
Middlesex
|
1.00
|
1.01
|
1.03
|
Monmouth
|
1.00
|
1.01
|
1.02
|
Morris
|
1.01
|
1.03
|
1.06
|
Ocean
|
1.00
|
1.01
|
1.03
|
Passaic
|
1.00
|
1.02
|
1.05
|
Salem
|
1.02
|
1.03
|
1.03
|
Somerset
|
1.00
|
1.03
|
1.09
|
Sussex
|
1.03
|
1.04
|
1.07
|
Union
|
1.01
|
1.03
|
1.06
|
Warren
|
1.02
|
1.07
|
1.15
|
D. Table 6: Future Precipitation Change Factors provided below sets
forth the change factors to be used in determining the projected two-,
ten-, and 100-year storm events for use in this section, which are
organized alphabetically by county. The precipitation depth of the
projected two-, ten-, and 100-year storm events of a site shall be
determined by multiplying the precipitation depth of the two-, ten-,
and 100-year storm events determined from the National Weather Service's
Atlas 14 Point Precipitation Frequency Estimates pursuant to C1 above,
by the change factor in the table below, in accordance with the county
or counties where the drainage area(s) of the site is located. Where
the major development and/or its drainage area lies in more than one
county, the precipitation values shall be adjusted according to the
percentage of the drainage area in each county. Alternately, separate
rainfall totals can be developed for each county using the values
in the table below.
Table 6: Future Precipitation Change Factors
|
---|
County
|
Future Precipitation Change Factors
|
---|
2-Year Design Storm
|
10-Year Design Storm
|
100-Year Design Storm
|
---|
Atlantic
|
1.22
|
1.24
|
1.39
|
Bergen
|
1.20
|
1.23
|
1.37
|
Burlington
|
1.17
|
1.18
|
1.32
|
Camden
|
1.18
|
1.22
|
1.39
|
Cape May
|
1.21
|
1.24
|
1.32
|
Cumberland
|
1.20
|
1.21
|
1.39
|
Essex
|
1.19
|
1.22
|
1.33
|
Gloucester
|
1.19
|
1.23
|
1.41
|
Hudson
|
1.19
|
1.19
|
1.23
|
Hunterdon
|
1.19
|
1.23
|
1.42
|
Mercer
|
1.16
|
1.17
|
1.36
|
Middlesex
|
1.19
|
1.21
|
1.33
|
Monmouth
|
1.19
|
1.19
|
1.26
|
Morris
|
1.23
|
1.28
|
1.46
|
Ocean
|
1.18
|
1.19
|
1.24
|
Passaic
|
1.21
|
1.27
|
1.50
|
Salem
|
1.20
|
1.23
|
1.32
|
Somerset
|
1.19
|
1.24
|
1.48
|
Sussex
|
1.24
|
1.29
|
1.50
|
Union
|
1.20
|
1.23
|
1.35
|
Warren
|
1.20
|
1.25
|
1.37
|
[Added 7-18-2024 by Ord.
No. 2024-023]
A. Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at:
https://dep.nj.gov/stormwater/bmp-manual/.
1.
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
2.
Additional maintenance guidance is available on the Department's
website at:
https://dep.nj.gov/stormwater/maintenance-guidance/.
B. Submissions required for review by the Department should be mailed
to:
The Division of Watershed Protection and Restoration, New Jersey
Department of Environmental Protection, Mail Code 501-02A, PO Box
420, Trenton, New Jersey 08625-0420.
[Added 7-18-2024 by Ord.
No. 2024-023]
A. Site design features identified under §
18-815.1.4F above, or alternative designs in accordance with §
18-815.1.4G above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 18-815.1.7A2 below.
1.
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:
a.
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines; or
b.
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches, or is no greater
than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
c.
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 seven square inches, or be no greater than
two inches across the smallest dimension.
2.
The standard in A1 above does not apply:
a.
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;
b.
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;
c.
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(1) A rectangular space 4 5/8 (4.625) inches long
and 1.5 inches wide (this option does not apply for outfall netting
facilities); or
(2) A bar screen having a bar spacing of 0.5 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).
|
d.
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
Water Quality Design Storm as specified in N.J.A.C. 7:8; or
e.
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
[Added 7-18-2024 by Ord.
No. 2024-023]
A. 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.
B. 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 § 18-815.1.8C1, C2 and C3 for trash
racks, overflow grates, and escape provisions at outlet structures.
C. Requirements for Trash Racks, Overflow Grates and Escape Provisions.
1.
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the Stormwater management
BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
a.
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
b.
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
c.
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
d.
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.
2.
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
such grate shall meet the following requirements:
a.
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
b.
The overflow grate spacing shall be no greater than two inches
across the smallest dimension.
c.
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
3.
Stormwater management BMPs shall include escape provisions as
follows:
a.
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 §
18-815.1.8C, a free-standing outlet structure may be exempted from this requirement;
b.
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 §
18-815.1.8E for an illustration of safety ledges in a stormwater management BMP; and
c.
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.
D. 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.
E. Safety Ledge Illustration.
Elevation View - Basin Safety Ledge Configuration
|
[Added 7-18-2024 by Ord.
No. 2024-023]
A. Submission of Site Development Stormwater Plan.
1.
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at §
18-815.1.9C below as part of the submission of the application for approval.
2.
The applicant shall demonstrate that the project meets the standards
set forth in this section.
3.
The applicant shall submit the required number of copies of the materials listed in the checklist for site development stormwater plans in accordance with §
18-815.1.9C of this section.
B. Site Development Stormwater Plan Approval.
The applicant's Site Development project shall be reviewed
as a part of the review process by the municipal board or official
from which municipal approval is sought. That municipal board or official
shall consult the municipality's review engineer to determine
if all of the checklist requirements have been satisfied and to determine
if the project meets the standards set forth in this section.
C. Submission of Site Development Stormwater Plan. The following information
shall be required:
1.
Topographic Base Map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and flood plains
along with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
manmade features not otherwise shown.
2.
Environmental Site Analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
3.
Project Description and Site Plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
4.
Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of §
18-815.1.3 through §
18-815.1.5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
5.
Stormwater Management Facilities Map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
a.
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
b.
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
6.
Calculations.
a.
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in §
18-815.1.4 of this section.
b.
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on onsite boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
7.
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of §
18-815.1.10.
8.
Waiver from Submission Requirements. The municipal official
or board reviewing an application under this section may, in consultation
with the municipality's review engineer, waive submission of
any of the requirements in § 18-815.1.9C1 through § 18-815.1.9C6
of this section when it can be demonstrated that the information requested
is impossible to obtain or it would create a hardship on the applicant
to obtain and its absence will not materially affect the review process.
[Added 7-18-2024 by Ord.
No. 2024-023]
A.
Applicability. Projects subject to review as in §
18-815.1.1C of this section shall comply with the requirements of §
18-815.1.10B and 10C.
B.
General Maintenance.
1.
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
2.
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). 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.
3.
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.
4.
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
5.
If the party responsible for maintenance identified under § 18-815.1.10B3
above is not a public agency, the maintenance plan and any future
revisions based on § 18-815.1.10B7 below shall be recorded
upon the deed of record for each property on which the maintenance
described in the maintenance plan must be undertaken.
6.
Preventative and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.) of the stormwater management measure,
including, but not limited to, repairs or replacement to the structure;
removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of non-vegetated linings.
7.
The party responsible for maintenance identified under § 18-815.1.10B3
above shall perform all of the following requirements:
a.
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;
b.
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
c.
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 § 18-815.1.10B6
and B7 above.
8.
The requirements of § 18-815.1.10B3 and B4 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.
9.
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.
C.
Nothing in this subsection shall preclude the municipality in
which the major development is located from requiring the posting
of a performance or maintenance guarantee in accordance with N.J.S.A.
40:55D-53.
[Added 7-18-2024 by Ord.
No. 2024-023]
Notwithstanding the general penalties and remedies prescribed in §
18-1109, any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure, or land in violation of this section shall be subject to the following penalties:
Failure to comply with any provisions of this section shall
be considered a violation of the Revised General Ordinances of Lakewood
Township and shall be punishable by a fine of $1,000 or 90 days in
jail, or both. Each day of such violation's continuance shall
be considered as a separate offense and shall be separately punishable.
These penalties shall not be the exclusive remedy available, and nothing
in this section shall prevent an applicant from obtaining injunctive
relief.
[Added 7-18-2024 by Ord.
No. 2024-023]
All subdivision and site plan review fees associated with this section shall be provided by the applicant as established within §§
18-1105,
18-1106,
18-1107 and
18-1108 of this section.
[Added 7-18-2024 by Ord.
No. 2024-023]
Each section, subsection, sentence, clause and phrase of this
section is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this section to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this section.
[Added 7-18-2024 by Ord.
No. 2024-023]
This section shall be in full force and effect from and after
its adoption and any publication as required by law.
Water mains are to be installed in accordance with the requirements
of the Lakewood Township Municipal Utility Authority or New Jersey
American Water Company and the following except in areas where the
Residential Site Improvement Standards shall apply (N.J.A.C. 5:21-5):
A. Engineering requirements for all water main installations are to
comply with the rules and regulations of the Department of Environmental
Protection and the Lakewood Township Municipal Utilities Authority
(MUA) or the New Jersey American Water Company.
B. All joints shall be push-on or mechanical joint.
C. The depth of pipe from the finished surface or roadway or grade shall
be not less than three feet from the top of pipe.
D. Fire hydrants shall be generally located not more than 800 feet apart
and spotted, where practicable, as follows: near streetlights, inlets,
street intersections, and on property lines.
E. Valves shall be installed with all fire hydrants and at such other
locations in the lines as directed by the Lakewood Township Municipal
Utilities Authority or the New Jersey American Water Company.
F. House service connections, from the main to the curb stop and box,
must be installed at all lots prior to placing any foundation or surface
on the roadway.
G. No installation shall be covered until inspected and approved by
the Township Engineer or designee.
H. Where public water is accessible, the subdivider shall construct
water mains in such 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 local and/or state agency having approval authority
and shall be subject to its approval. The system shall also be designed
with adequate capacity and sustained pressure to service the lots
and permit necessary fire-fighting abilities.
Temporary construction and/or sales trailers are permitted in all districts. A construction trailer may be at the site for the period of construction beginning with the issuance of a construction permit and concluding before the final certificate of occupancy is granted. A sales trailer may be at the site for the period beginning with the posting of bonds for the project and concluding before a certificate of occupancy is granted (or the last certificate of occupancy in the case of a residential project). Construction and sales trailers shall be set back from all street and lot lines at least 30 feet. Any temporary construction or sales signage must comply with the standards as noted in §
18-812.
[Ord. No. 2010-56]
Since all Zoning Districts within the Township currently permit
a maximum disturbance of 100% of the property, in an effort to protect
the Township's natural resources, all properties which contain non-isolated
wetlands, Category 1 streams, or the presence of threatened and endangered
species, shall be limited to a maximum disturbance of 90% of the entire
site. This requirement shall be in addition to and not in place of
any requirements of other municipal, Ocean County or State of New
Jersey regulations.