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.
A.
Easements must be provided by the applicant when required by the
Township, utility company or applicable agencies.
A.
The height limitations of this chapter shall not apply to spires,
belfries, or cupolas not used for human occupancy; bridges, residential
chimneys, ventilators, skylights, water tanks, bulkheads, similar
features and necessary mechanical appurtenances, usually carried above
the roof level. Such features shall be erected only to such height
as is necessary to accomplish the purpose they are to serve.
B.
Under particular circumstances, all rooftop equipment shall be reasonably
screened.
[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.
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:
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
(3)
Pool - 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;
c.
Block and Lot 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:
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.
a.
Species longevity;
b.
Native to the area;
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.);
g.
High wildlife values;
h.
Comfort to surroundings;
i.
Free of disease, rot, or other damage to tree;
j.
Protection of pedestrians, vehicles, and buildings;
k.
Size at maturity;
l.
Effect of soil retention and erosion control; and
m.
Value as a noise buffer.
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:
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:
d.
Protection during construction clean-up.
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.
A.
The purpose of this section is to provide minimum standards and regulations
for lighting facilities for all sections and zones of the Township
that will afford safety, convenience, and the ability to advertise,
and at the same time, avoid needless light pollution, driving hazards,
non-compatible adjacent lighting plans, and annoyance to neighboring
property owners.
B.
All lighting installations shall be designed to be energy efficient
to the degree consistent with both reasonable cost and the conservation
of non-renewable natural resources.
C.
All lighting installations shall be designed to reflect the needs
and atmosphere of the general neighborhood, and adjacent existing
installations. Conflicts of lighting types, methods, and color temperature
are to be avoided wherever possible.
D.
All applications for Board approval of commercial and residential
site plans and major subdivisions shall include a complete lighting
plan, including luminaire type, wattage, pole height and type, lighting
levels in foot-candles, and beam spread diagrams on 50 foot centers,
and point to point illumination diagrams, including perimeter levels.
F.
Illumination levels for various applications. The maintained foot-candles
of illumination recommended are as indicated in the following table:
|
Type of Area
|
Minimum Intensity Foot-candles
|
Average Intensity Foot-candles
|
Uniformity Ratio (1)
|
|---|---|---|---|
|
General Street Lighting
|
0.2
|
0.5
|
12:1
|
|
Shopping Center Parking
|
0.4
|
0.8
|
12:1
|
|
Industrial Site Parking
|
0.4
|
0.8
|
12:1
|
|
Commercial Parking
|
0.5
|
1.0
|
15:1
|
|
Entrance and Exit Roads
|
1.0
|
2.0
|
10:1
|
|
Residential Area Parking and Drive Areas
|
0.2
|
0.5
|
(2)
|
|
(1) The Uniformity Ratio equals the maximum lighting
level over the minimum lighting level.
|
|
(2) Minimum levels shall be required in residential
use only for townhouse, condominium, or other multifamily type of
residential use.
|
A.
All street lighting plans shall conform to Federal, State, and County
requirements that pertain to the zone or area in question. In addition
to these requirements, the Township of Lakewood may require that type
of fixtures, poles, and lighting distribution conform to the type
of area and use involved. Wherever the Township of Lakewood requirements
directly conflict with the requirements of the aforementioned authorities,
the standards of the higher governing authority shall prevail.
B.
Whenever this section requires the installation of electric utility
installations underground, the applicant shall, in addition, provide
for the installation of underground service for street lighting.
C.
Street lighting standards of a type and number approved by the Township
Engineer shall be installed at all street intersections, cul-de-sacs,
and elsewhere as deemed necessary.
D.
The maximum distance between street lighting shall be 150 feet.
E.
Street lighting standards:
1.
Each applicant for development plan approval shall provide the
minimum adequate lighting to ensure safe movement of persons and vehicles
and for security purposes. Lighting standards shall be of a type approved
by the municipal agency.
2.
Each applicant for development plan approval shall provide within
the limits of practicability and feasibility, lighting consistent
with conservation of energy and use of renewable energy sources.
F.
Luminaires shall be specified that are provided by the local utility.
A.
The object of parking area lighting is to provide a safe level of
illumination to allow the orderly entrance and egress of vehicular
traffic, provide back-up maneuver vision, identify and illuminate
entrance and exit areas, and provide pedestrian and parking area illumination
that will discourage vandalism, theft, and assault. Parking area lighting
should not be used as an adjunct to advertising.
B.
Luminaires. In general, the type of luminaire and pole to be used
must be matched to the area, zone, use, and size of the parking area
to be lit. The primary criteria should be light control; that is,
providing a beam spread pattern to produce an average lighting intensity
as specified above without producing areas of over intensity or below
intensity design; that is, a low uniformity ratio.
The design of luminaires for parking areas should include lamp
location, reflector type and refractor design to deliver light to
areas selected, and keep light spill from adjacent areas. A parking
area lighting design that produces "sky glow" is inefficient and an
irritant to residents, and will not be permitted.
1.
Sharp cutoff type luminaires are recommended as the best approach
to lighting parking areas and the fixtures selected shall be of the
type that can be provided with sharp cutoff deflectors or refractors.
The shielding angle shall be selected to minimize discomforting glare
to an observer's eyes from the light source at an angle below the
set cutoff. Shielding shall also be employed to prevent spillover
of undesirable light to adjoining property.
2.
The use of high pressure sodium or metal halide luminaires is
encouraged. Low pressure sodium luminaires may be considered in isolated
industrial areas remote from residential and commercial zones where
they will not be visible from the traveled way.
3.
The maximum cutoff angle shall be used to shield light source
glare and unwanted light from adjacent properties and motorists approaching
on adjacent roads and highways. As improperly designed or aimed lighting
fixtures are an inherent danger to motorists and pedestrians, special
attention shall be given to all site lighting designs that have boundaries
that include public vehicular traveled ways of any type, and private
traveled ways that are open to the public. All applications for site
plan approval that include site lighting, and that have traveled ways
as boundaries, shall include, in addition to the other requirements
listed in this chapter, the details of the point to point, and beam
spread calculations for all lighting that will impinge on the traveled
ways. As even relatively low average footcandle intensities can blind
drivers who are within the focal point area of the luminaire, no lighting
plan will be acceptable where the central focus node of any fixture
is visible from any traveled way. In general, no fixture shall be
so aimed so that this center focus point is less than 20 degrees off
of the property boundary. This may require that additional and lower
wattage fixtures be utilized adjacent to roadways. The plan submitted
shall clearly indicate the methods used to prevent roadway glare.
4.
Where parking areas for commercial zone buildings are immediately
adjacent to a residential use zone, the design of the parking area
lighting shall be coordinated with the design of the inter-zone buffer
as required under other sections of this chapter. The coordinated
buffer/lighting plan submitted shall insure that light spill from
the parking lot shall not impinge on the residential area in excess
of 0.2 footcandle.
A.
The type and height of all poles for mounting luminaires shall be
consistent with the general design of the application.
B.
Utility type wood poles may be used only on parking areas of one
acre or less, except where parking lot illumination is provided by
the electric utility. All wood poles shall be pressure treated to
resist rot and termite damage, and the pole class shall result in
a wind load rating as specified in the BOCA Code.
C.
Architectural wood poles shall be rated for the applicable wind load,
and shall have adequate wiring access as required by the National
Electric Code.
D.
All poles shall be protected with concrete bases of sufficient height
to protect them from traffic setback from the curbline, or by four
inch concrete filled steel pipe bollards.
E.
Maximum pole mounting height as follows:
1.
For sites up to five acres: 25 feet.
2.
For sites greater than five acres: 30 feet.
3.
For sites designated as shopping malls, poles of greater height
may be approved by the Board on the submission of lighting design
by a Professional Engineer indicating that a greater height is required,
and that the greater height will not produce light spill to adjacent
areas above the limits hereinbefore listed.
4.
All mounting poles shall meet wind loading requirements as specified
in all applicable building codes.
A.
The object of exterior lighting of a commercial building is to provide
a safe level of illumination to allow the orderly entrance and egress
of pedestrian traffic, identify and illuminate entrance and exit doors
and loading areas, and to provide illumination levels that will discourage
vandalism, theft, and assault. While it is recognized that commercial
building lighting is also used to attract and advertise the building
occupant's trade, this type of lighting shall be designed so that
the resulting illumination levels are not detrimental to adjacent
property owners and occupants.
B.
Luminaires. In general, the type of luminaire and mounting method
to be used must be matched to the area, construction type, use, and
size of the building to be lit. The primary criteria should be light
control; that is, providing a beam spread pattern that will produce
an average lighting intensity desired without producing areas of either
over intensity or below intensity design.
C.
Conflicts as to color temperature and lamp type with lighting of
adjacent properties shall be avoided. For example, if one or more
adjacent areas with established lighting systems are using mercury
vapor lamps, the submitted area shall conform to the same lamp type,
but not necessarily the same type luminaire.
The HID (High Intensity Discharge) type of lamp may be considered
when compelling reasons exist for employing such lamps and ample proof
that a suitable method can be employed to reduce color conflict.
D.
Security lighting. All parking area walkways and appurtenant passageways
and driveways may be illuminated for safety and security reasons between
sunset to sunrise.
E.
To insure that the proposed lighting plan conforms to the scope and
limitations of this chapter, the following data and information shall
be submitted with every application for site plan approval:
1.
Type of luminaires.
2.
Type and wattage of lamp.
3.
Mounting height of luminaire.
4.
Photometric data and isolux lines of the luminaire and lamp
proposed. Photometric curves shall be drawn to the same scale as the
site plan scale and shall show initial and maintained footcandle levels
of illumination.
F.
Where building lighting is proposed to be provided via pole mounted
fixtures, the type and height of pole must also be submitted. Applicants
are encouraged to use architectural wooden or duranodic bronze colored
aluminum poles in keeping with the architecture of the building and
surrounding areas. The use of bollard down-light fixtures is encouraged
for exterior walkways. As the spherical globe type of luminaire has
a low coefficient of utilization, are therefore inherently energy
inefficient, and contribute to excessive "sky glow", their use is
to be discouraged.
G.
Commercial recreational facilities such as driving ranges, stadiums, outdoor arenas, etc. shall be illuminated as required by the site use, however, all of the perimeter area lighting, light spillage, and protection from glare on traveled roadways shall conform to the requirements of §§ 18-804.01 and 18-804.02.
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.
A.
The intent of this section is to promote a safe, healthy, and attractive
place to live in the Township of Lakewood. All exterior lighting in
residential areas should be designed and installed with the rights
and interests of adjacent property owners in mind.
B.
Residential street lighting shall conform to § 18-804 of this chapter. The primary goal of street lighting in residential districts is vehicular traffic control and pedestrian safety, and as a general deterrent to crime. In overhead utility districts, street lighting from wood utility poles is acceptable.
In residential districts, all street lighting wiring shall be
underground.
C.
Exterior lighting at parks, recreational facilities, ball fields, and municipal parking lots shall conform to the requirements of Subsections 18-804.05B and C above.
D.
Lighting of residential plots to the extent required for discouragement
of theft, break-and-entry, and vandalism may require additional exterior
lighting. Where this type of exterior lighting is desired by the home
owner, the installation must reflect consideration for adjacent property
owners. Where owners wish to light the exterior of homes with dusk
to dawn lighting, the preferred method for safety and keeping light
spill to a minimum is low voltage wall washers set in the ground,
and with reflectors that direct all light towards the building. The
watt intensity shall be such that the light intensity reflected from
the building does not exceed 100 footlamberts.
1.
All exterior residential lighting shall be so designed and installed
so that the resultant light spill skyward is minimal, and light impingement
levels on adjacent properties shall not exceed one-half (.5) footcandle
at the property line.
2.
Flood lighting fixtures for residential lighting shall be used
only where plot size requires larger watt intensities. Flood fixtures
shall be selected with care, and fixtures using a box type body, recessed
lamp, and a flush refractor are the preferred type of fixture. This
type of fixture, with the lens positioned downward, and as close to
the perpendicular as possible will result in the best light utilization,
and the least light spill skyward and to adjacent properties. Exterior
"PAR Reflector Flood" type of fixtures are to be used only for intermittent
use, and where small areas of lighting at relatively high intensity
is required. This type of fixture has a high "point source" footlambert
level, and can easily blind drivers and pedestrians when pointed toward
traveled ways. When their use is required by circumstances, the fixtures
should never be pointed toward driveways, streets, or walkways.
All exterior lighting fixtures and luminaires that are controlled
by "dusk to dawn" controllers shall be installed with shields or otherwise
designed so that lighting intensity at the property line is one-half
(0.5) footcandle or less. Lighting fixtures arranged so that the light
source, (lamp and reflector), is directed to adjacent homes are prohibited.
E.
Where exterior fixtures are controlled by infrared, (or other type)
or heat sensitive device or proximity device, the control must be
regulated to prevent repetitive "on-off" operation due to wind, door
movement, tree branch movement, or anything other than the presence
of a human or large animal.
[Ord. No. 2009-51 § 2]
A.
Lot Size. Minimum lot size shall be governed by this chapter based
on the zoning district in which the lot is located. Lots requiring
septic systems shall be of sufficient size to achieve required separation
distances in accordance with New Jersey Department of Environmental
Protection septic design regulations (N.J.A.C. 7:9A).
B.
Lot Numbers. Lot numbers shall be assigned each lot by the Tax Assessor.
C.
Side Lot Lines. Insofar as is practical, side lot lines shall be
at right angles to straight streets and radial to curved streets.
D.
Lot Line on Widened Streets. Where extra width is provided for the
widening of existing streets, for undeveloped lots, lot measurements
shall begin at the new right-of-way line and all setbacks shall be
measured from such line unless otherwise provided by this chapter.
For developed lots, the measurements shall remain unaffected by the
new right-of-way line.
E.
Unsuitable Lots. All lots shall be suitable for the purpose of the
application. In order to prevent the use of lots which are not suitable
because of adverse topography, rock formations, flood conditions,
wetlands designations, environmental conditions or similar circumstances,
the Board may require such revisions in the layout of the subdivisions
as will accomplish one of the following:
1.
That the area of the unsuitable lots is included in other lots by
increasing the size of the remaining lots.
2.
That the area is to be deeded to the municipality or a homeowners'
association and held in its natural state for conservation and/or
passive or active recreation purposes; or
3.
That some other suitable arrangement, such as common ownership made
permanent by deed covenants running with the land, is made.
|
Such conditions, where present on a portion of a lot shall not
be excluded when calculating the square footage required in any zoning
district in order to satisfy the minimum lot size, and shall not deem
the lot as unsuitable for development.
|
F.
Thru-lots. All residential units located on thru-lots shall, where
practical, have access from the lower order road frontage. All units
shall be oriented so that the front of the unit is toward the same
road frontage as the majority of the units in the existing neighborhood.
In the case of an application for subdivision, the unit orientation
shall be dependant upon the characteristics of the existing neighborhood.
All newly created thru-lots shall provide a landscaped buffer along
the secondary frontage. The width and depth of the buffer shall be
determined by the Board based upon the characteristics of the existing
neighborhood. In no case shall a buffer be less than five feet.
G.
Flag Lots.
1.
A "flag lot" shall be defined as "a lot not satisfying the conventional
minimum lot frontage requirements of the zone district, generally
configured in the shape of a flag, with its road frontage provided
by a strip of land referred to as the 'flag staf' portion of the lot."
2.
Flag lots as defined in § 18-805G1 shall not be permitted in
any residential zoning district.
[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;
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] |
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.
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.
A.
The following standards for the provision of common open space pertain
to any major subdivision or site plan of residential development in
the Township.
1.
Not less than 5% of land area of every residential major subdivision
or residential site plan consisting of 25 or more units shall be preserved
as common open space or shall be dedicated to active recreational
or community facilities.
a.
With the exception of the provisions of § 18-904 below, the required open space area shall be contiguous, free of environmental constraints such as flood plains, wetlands, bodies of water, storm water drainageways and basins (exclusive of underground facilities), or steep slopes. This land shall be utilized for passive or active recreation, community facilities or left as undisturbed open space and/or wildlife habitat.
b.
A plan outlining the cleaning of debris and dead brush and, when
required, the selective thinning and removal of diseased, dying or
undesirable vegetation to be approved by the Township Engineer.
2.
Buildings or uses for non-commercial recreation, or agricultural
purposes compatible with the open space objectives may be permitted
only with the express approval of the Board, following the approval
of the building and site plans by the Board.
3.
Any land set aside as open space shall be made subject to covenants
in a form acceptable to the Board and duly recorded in the office
of the County Clerk of Ocean County. All documents pertaining to the
conveyance and maintenance of the open space shall meet the approval
of the Board as to legal form and effect.
4.
Methods of conveyance: All open space shall be conveyed in accordance
with one of the following methods:
a.
Dedication in fee-simple: The Township may, at the discretion of
the Township Committee, accept any portion or portions of the open
space provided:
(1)
It is determined by the Board that such land is suitable in
size, shape, location, and access and the Township Committee may determine
that such lands will benefit the general public of the municipality;
(2)
The Township agrees to and has access to maintain such lands;
(3)
The titles are conveyed to the Township without cost;
b.
Conveyance of title to a conservancy, corporation, homeowners association,
funded community trust, condominium corporation, individual or other
legal entity, provided that:
(1)
The terms of such instrument of conveyance shall include provisions
suitable to the municipality assuming such organization will warrant:
(a)
The continued use of such land for the intended
purpose in perpetuity;
(b)
Continuity of proper maintenance;
(c)
Adequate insurance protection;
(d)
Provision for payment of applicable taxes;
(e)
The right of the Township to enter upon and maintain
such property at the expense of the organization in the event the
organization falls to maintain the property; and,
(f)
Such other covenants and/or easements necessary
to fulfill the purposes and intent of this section.
B.
Lands set aside for open space shall contain active or passive recreational
facilities to service the needs of the residential population in each
development. Active and passive recreational facilities can include
but not be limited to the following: ball fields, multipurpose fields,
tennis courts, multipurpose court areas, children's play areas, passive
picnic or sitting areas, swimming pools, bicycle paths and walking
or jogging trails.
C.
The requirements of this section relating to the active or passive
recreation facilities and the total percentage of open space required
within a development may be modified and/or waived by the Board.
For any project consisting of less than or equal to 30 dwelling
units, it is recognized as impractical that recreational facilities
be constructed and the payment in-lieu-of-construction is encouraged.
For any project over 30 dwelling units the above recreation standards
shall apply.
D.
The amount of the contribution required pursuant hereto shall be
determined by the estimated cost of the passive or active recreation
facilities and equipment that would otherwise be required by the proposed
development and shall be prorated over the total number of building
lots, as shown on the preliminary plans approved by the Board, in
order to determine a per lot amount. The maximum contribution per
dwelling unit shall not be more than $500.
E.
The cash bequest shall be used exclusively for park and recreation
purposes and shall be placed in the current budget line item designated
"parks and playgrounds, other expenses." Lakewood Township reserves
the right to use said funds for the above referenced purposes anywhere
within the Township of Lakewood.
F.
The following are prerequisites for a condominium corporation, homeowners
association, or similar entity:
1.
Designation of the open space must be approved by the Board, prior
to final plan approval, and the final plats recorded before any dwelling
units are sold, leased, or otherwise conveyed;
2.
Membership must be mandatory for each buyer and/or lessee. The organizational
papers shall set forth the voting rights and the manner and time of
transference of the organization and its assets from developer to
homeowner;
3.
It must be responsible for liability insurance, taxes, recovery for
loss sustained by casualty, condemnation or otherwise, and the maintenance
of recreational and other facilities;
4.
Members or beneficiaries must pay their pro-rata share of the costs,
and the assessment levied can become a lien on the property, including
any maintenance and associated administrative costs incurred by the
municipality;
5.
Such corporation or association shall not be dissolved nor shall
it dispose of the open space by sale or otherwise, except to an organization
conceived and established to own and maintain the open space. The
corporation or association must first offer to dedicate the open space
to the Township before any such sale or disposition of open space.
6.
The dedication of open space, streets, or other lands in common ownership
of the corporation, association, individual, or other legal entity
or the Township shall be absolute and not subject to reversion for
possible future use for further development.
A.
There shall be included in any new multi-family or townhouses in
excess than 10 units, or commercial development an indoor or outdoor
recycling and trash receptacle area(s) for the collection and storage
of materials. The dimensions of the recycling and trash receptacle
area(s) shall be sufficient to accommodate recycling and trash bins
or containers which are of adequate size and number, and which are
consistent with anticipated usage and with current methods of collection
in the area(s) in which the project is located. The dimensions of
the recycling and trash receptacle area and the size and number of
bins or containers shall be determined in consultation with the Department
of Public Works. The walls of the enclosures should match the façade
of the proposed buildings.
B.
Any common area recycling and trash receptacle area shall be well
lit, and shall be safely and easily accessible by personnel and vehicles.
Collection vehicles shall be able to access such common the recycling
and trash receptacle area without interference from parked cars or
other obstacles.
C.
Any bins or containers which are used for the collection of recyclable
paper or cardboard, and which are located in a common outdoor recycling
area, shall be equipped with a lid, or otherwise covered, so as to
keep the paper or cardboard dry.
D.
Signs clearly identifying the common recycling and trash receptacle
area and the materials accepted therein shall be posted adjacent to
all points of access to the recycling area. Individual bins or containers
shall be equipped with signs indicating the materials to be placed
therein.
E.
Any common recycling and trash receptacle area must be enclosed behind
a wall at least five feet in height, with an opaque self-closing gate.
The exterior finish material of the enclosure must be compatible with
that of the exterior of the principal structure.
A.
If a public treatment and collection system is accessible, the subdivider
shall construct facilities in such manner as to make adequate sewage
treatment available to each lot within the subdivision from said treatment
and distribution system. The subdivider may be required to install
dry sewers designed to tie into the proposed Township facility.
B.
Any treatment plant and collection system, including individual on-lot
septic systems, shall be designed in accordance with the requirements
of the State Health Department or Township ordinances enforced by
the County Board of Health, whichever is more restrictive, and shall
be subject to review and approval by the Township Board of Health
and the Township Municipal Utilities Authority or New Jersey American
Water Company and the Township Board.
C.
Where required by the Board, sanitary sewers including service laterals
and cleanouts at curb side, shall be installed in all streets and
easements before the base materials for the streets are in place or
the fine grading of the easement is complete, whether such sewers
can be put to immediate use.
D.
Where, in the opinion of the Board of Health so expressed to the
Board, the subsurface soil characteristics and/or the percolation
rate are such to permit subsurface disposal of sewage from individual
dwellings as a temporary expedient until the sewers installed in the
streets can be connected to the Township sewer system, such temporary
subsurface disposal facilities may be permitted and constructed in
addition to the sewers in the streets and easements. Sewerage facilities
for individual dwellings shall conform with the New Jersey Department
of Health code, Chapter 199, P.L. 1954, and current Township regulations
and health code.
E.
Sewers in the streets and easements shall be constructed in accordance
with the requirements of the Lakewood Township Municipal Utilities
Authority or New Jersey American Water Company and in accordance with
the Residential Site Improvement Standards shall apply (N.J.A.C. 5:21-6).
[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.
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.
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.
h.
Pole mounted signage.
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.
e.
(Reserved)
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]
A.
General design requirements for all non-residential districts are
as follows.
1.
All buildings in a development shall be compatibly designed, whether
constructed all at one time or in stages over a period of time. All
building walls facing any street or residential district line shall
be suitably finished for aesthetic purposes.
2.
All portions of the property not utilized by buildings or paved surfaces
shall be landscaped or left in an undisturbed state.
3.
The established grades on the site shall be planned for both aesthetic
and drainage purposes. The grading plan, drainage facilities and landscaping
shall be coordinated to prevent erosion and silting as well as assuring
that the capacity of any natural or man-made drainage system is sufficient
to handle the water generated and anticipated both from the site and
contributing upstream areas.
4.
Not more than one point of ingress and/or egress shall be permitted
within 50 feet of another point of ingress and/or egress serving the
same tract.
A.
All subdivisions shall be served by paved public streets with an
all-weather base and pavement with an adequate crown. The arrangement
of streets not shown on the Master Plan or Official Map, as adopted
by the Township, shall be such as to provide for the appropriate extension
of existing streets and should conform with the topography as far
as practicable.
B.
The developer shall submit plans, profiles, cross sections and design
for the work to the Township Engineer for approval prior to the start
of any construction and at their own expense, grade all streets for
their full width, unless exempted by the Board, in conformity with
the terrain and good engineering practices; shall have all underground
utilities installed prior to any street paving construction; shall
construct adequate underground pipe drainage systems to carry off
surface waters; shall construct streets in accordance with specifications
shown below; and, shall install a base course and shall install recharge
facilities where appropriate, which may be located in the Township
right-of-way.
C.
In the event that a subdivision adjoins or includes existing Township
streets that do not conform to widths as shown on the adopted master
plan and/or official map or the street width requirements of this
article, additional land along either or both sides of said street
sufficient to conform to the right-of-way requirements as specified
in the Township Master Plan shall be dedicated to the Township for
the location, installation, repair and maintenance of streets, drainage
facilities, utilities and other facilities customarily located on
street rights-of-way and shall be expressed on the plat as follows:
Street right-of-way easement granted to the Township of Lakewood permitting
the Township to enter upon these lands for the purposes provided for
and expressed in this chapter of the Township of Lakewood. This statement
on an approved plat shall in no way reduce the subdivider's responsibility
to provide, install, repair or maintain the facilities in the area
dedicated by ordinance and/or as shown on the plat and/or as provided
for by any maintenance or performance guaranties. If the subdivision
is along one side only, one half (1/2) of the required extra width
shall be dedicated. For a major subdivision, that portion of the existing
street or road adjoining or included within the subdivision shall
be improved, including excavation, grading, gravel base and surfacing,
in accordance with the road improvement standards of this article.
D.
All changes in grade where the algebraic difference in grade is 1%
or greater shall be connected by a vertical curve having a length
of at least 50 feet for each 2% difference in grade or portion thereof
and providing minimum sight distance, of 200 feet for local streets,
275 feet for collector street and 475 feet for an arterial street.
E.
In all subdivisions, the minimum street right-of-way shall be measured
from lot line to lot line.
F.
For both major and minor subdivisions, sight triangle easements shall
be required at all intersections, in addition to the right-of-way,
which is outlined above, in which no grading, planting or structure
shall be erected or maintained more than three feet above the street
center line except for street signs, fire hydrants and light standards.
Sight triangles shall conform to RSIS standards.
G.
No street shall have a name, which will duplicate or so nearly duplicate
the name of an existing street that confusion results. The continuation
of an existing street shall have the same name. Curvilinear streets
shall change their names only at street intersections.
H.
Continuous open driveways in excess of the permitted maximum width as specified in § 18-807 shall be prohibited.
I.
The pavement width of streets and the quality of surfacing and base
materials shall adhere to the minimum standards set forth by the Township,
County or State Engineers when said paving concerns roads under their
jurisdiction and where such standards exist. Concerning streets under
the jurisdiction of the Township, the following standards shall apply:
1.
In non-residential developments, the minimum total asphalt thickness
for all pavements shall be seven inches. The use of alternate materials
for subbase is permitted on an equivalent asphalt basis (i.e., one
inch of asphalt equals one and three-fourths (1 3/4) inches of
soil aggregate, Type 5, Class A; one inch of asphalt also equals two
and one-half (2 1/2) inches of soil aggregate, Type 5, Class
B). The minimum top shall be two inches of FABC-1, Mix No. 5. The
above minimum pavement thickness is based upon a California Bearing
Ratio (C.B.R.) value of eight, and if actual C.B.R. results indicate
higher values, a lesser pavement thickness will be entertained by
the Township Engineer's approval, subject to the Township Manager's
approval.
2.
Prior to placing the surface course, the base course shall have a
tack coat of bituminous material. All of the above construction shall
be in accordance with current New Jersey Department of Transportation
Standard Specifications and supplements thereto on file in the office
of the Township Engineer. The standard specifications are further
supplemented to require that, prior to placing final surface course,
the intermediate base course may be open to traffic and shall so remain
for at least one winter season. Thereafter, the Township Engineer
shall inspect the pavement and will require areas of pavement failure
to be removed and replaced, settled areas shall be leveled with hot
mixed bituminous concrete. The Township Engineer may require compacted
select fill or approved subbase material as needed to replace native
subgrade material.
3.
All traffic lanes, both moving and parking, shall be striped in accordance
with the Manual on Uniform Traffic Control Devices, as amended. (U.S.
Department of Transportation, Federal Highway Administration, 1971).
4.
The work shall be inspected through the course of construction by
the Township Engineer or his duly authorized representative, who shall
be notified before any work is started or continued.
J.
The approval by the Board or other Township agency of any map of
land delineating streets shall in no way be construed as an acceptance
of any street indicated thereon.
K.
Construction standards as specified herein, shall also apply to any
private street as may be part of a development application receiving
preliminary approval by the Board.
L.
Fire lanes located in other than those paved portions of a lot shall
be designed such that the subsurface base be at least 12 feet wide
over a quality subsoil necessary and sufficient to support use by
Township fire vehicles. The subsurface base may be covered with at
least two inches of topsoil prior to the placement of sod or alternative
paving block or similar decorative paving may be used. Final design
shall be approved by the Township Engineer.
M.
Curbs and sidewalks shall be provided on all new streets and any
streets abutting proposed development or major subdivision.
N.
Curbs. Unless otherwise approved, curbs shall be constructed of Portland
cement air entrained concrete, Class C, having a standard strength
of 4,500 pounds per square inch. Depressed curbs at driveways shall
have a full depth of 18 inches.
O.
Sidewalks. All required sidewalks, except in areas where the Residential
Site Improvement Standards shall apply (N.J.A.C. 5:21-5), shall be
a minimum of four feet wide by four inches thick, where reasonable,
except at driveways and aprons where they shall be six inches thick.
Sidewalks shall be constructed of Portland cement air entrained concrete,
Class C 1 having a standard strength of 4,000 pounds per square inch.
Q.
Street Signs.
1.
All street signs shall have reflectorized white letters on a green
background (e.g., type E 450 or equal). Both signs and poles shall
either be of nonferrous metal or galvanized steel. Neighborhood or
directional signs shall be installed on major roads to aid in circulation.
2.
All signs shall be mounted on two inch diameter posts embedded in
concrete.
3.
Street signs shall be approved by the Township Engineer prior to
ordering by the developer.
4.
Street signs shall comply with the requirements contained within
the Manual of Uniform Traffic Control Devices.
5.
Street signs shall be installed by the developer upon the completion
of the base course of each roadway within the development. No certificates
of occupancy will be issued until the signs are installed and approved
by the appropriate Township officials.
A.
General.
1.
All storm drainage systems consisting of catch basins, underground
sewers, paved swales, box culverts, rip rap or otherwise stabilized
stream banks, dams, retention basins and swales, trash racks, and
other devices shall be installed so that all stormwater is led to
and confined in natural drainage channels without causing erosion.
Bicycle safe storm sewer gratings are required. They shall also be
designed in accordance with the standards established in this article.
2.
Concrete pipe is preferred to box culverts for drainage under roads.
In such cases an easement of appropriate width.
3.
Storm sewer requirements and standards for all development shall
be those required by the New Jersey Residential Site Improvement Standards
(NJRSIS). For nonresidential development, the following requirements
shall also apply.
4.
All major site and subdivision plan development plans shall include
a Stormwater Management Report prepared, signed and sealed by an engineer
licensed by the State of New Jersey. The report is to analyze pre-and
post-development conditions and conveyance system design. Drainage
area maps are to be provided. Calculations justifying runoff coefficients,
travel time, flow rates, flow volumes, storage volumes and discharge
rates, pipe routing tables, etc, are to be included.
5.
The stormwater management plans submitted shall demonstrate careful
consideration of the general and specific concerns, values and standards
of the Township Master Plan and applicable County, regional and State
storm drainage control programs, any County Mosquito Commission control
standards, and shall be based on environmentally sound site planning,
engineering and architectural techniques.
6.
Development shall use the best available technology to minimize off-site
stormwater runoff, increase on-site infiltration, simulate natural
drainage systems, and minimize off-site discharge of pollutants to
ground and surface water and encourage natural filtration functions.
Best available technology may include measures such as detention or
retention basins, recharge trenches, piping, contour terraces and
swales.
7.
It shall be the policy of the Board to minimize the number of basins
by encouraging the joint use of basins between various developments
and minimizing the number of basins within a development.
8.
When required in appropriate situations for safety purposes, all
basins shall be surrounded by a fence with a minimum height of three
feet. The fence shall be a "Superior-Rail" system as designed by Superior
Concrete Products or similar product which shall be approved by the
Department of Public Works.
B.
Detention Facilities: Maintenance and Repair.
1.
Responsibility for operation and maintenance of detention facilities,
including periodic removal and disposal of accumulated particulate
material and debris, shall remain with the owner(s) of the property
with permanent arrangements that it shall pass to any successive owner,
unless assumed by a government agency. If portions of the land are
to be sold, legally binding arrangements shall be made to pass the
basic responsibility to successors in title. These arrangements shall
be designated for each project, the property owner, governmental agency,
or other legally established entity to be permanently responsible
for maintenance, hereinafter referred to as the responsible person.
2.
Prior to granting approval to any project subject to review under
this chapter, the developer shall enter into an agreement with the
municipality (or County) to ensure the continued operation and maintenance
of the detention facility. This agreement shall be in a form satisfactory
to the Board Attorney, and may include, but may not necessarily be
limited to deed restrictions, covenants, and bonds. In cases where
property is subdivided and sold separately, a homeowners association
or similar permanent entity should be established as the responsible
entity, absent an agreement by a governmental agency to assume responsibility.
3.
In the event that the detention facility becomes a danger to public
safety or public health, or if it is in need of maintenance, the municipality
shall so notify in writing via certified mail the responsible person.
From that notice, the responsible person shall have 14 days to effect
such maintenance and repair of the facility in a manner that is approved
by the Municipal Engineer or their designee. If the responsible person
fails or refuses to perform such maintenance and repair, the municipality
may immediately proceed to do so and shall bill the cost thereof to
the responsible person.
4.
See Subsection 18-815.1.9B12 for maintenance fees for stormwater
management facilities.
[Ord. No. 2017-42; Ord. No. 2018-27]
5.
The plans are to include notes pertaining to restoration procedures
and a long term maintenance schedule and procedures. Maintenance shall
include mowing, leaf removal, debris removal, inspection, desilting,
and any other work specific for the facility; to include but not limited
to inlet and outflow piping, overflow and trash racks, ladders, steps
and rungs, fencing, signage, etc.
[Ord. No. 2017-42]
C.
Stormwater Management: Detention Basin Locations.
1.
Low maintenance, water tolerant grasses, or wildflower seed mix shall
be used as appropriate. Type of vegetation used shall be compatible
with the site.
2.
Landscaping may be required around basins.
3.
All basins, regardless of ownership, shall have access leading to
a public right-of-way. The access should include a stabilized surface
suitable for the passage of maintenance and inspection equipment and
vehicles. An easement granting the municipality the right to access
and perform work in the basin should be granted.
D.
Stormwater Management: Discharge Location.
1.
The development plans should illustrate all topographical features
and structures downstream of all basin discharges, emergency spillways,
stormwater outfalls and swales, for a sufficient distance to evaluate
the impact of discharge. A stability analysis of the downstream flow
path should be provided. Impacts on structures and/or private property
should be reviewed.
2.
The impact of increased runoff volume from basins should also be
reviewed.
3.
Easements should be provided at all points of discharge onto adjacent
properties, regardless of the use of basins, swales, or pipelines
to convey the flow to the property line.
[1]
Editor's Note: Ord. No. 2021-20 repealed former Subsections
18-815.1 through 18-815.1.14. Prior history includes Ord. Nos. 2006-22,
2007-1, 2013-76, 2018-27, and
2018-65.
[Added 3-4-2021 by Ord.
No. 2021-20]
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 Subsections 18-815.1.1 through 18-815.1.14 is to establish minimum stormwater management requirements and controls for major development, as defined below in Subsection 18-815.1.2. The intent of Subsections 18-815.1.1 through 18-815.1.14 is to implement the design and maintenance requirements outlined in N.J.A.C. 7:8. In the event any portion of Subsections 18-815.1.1 through 18-815.1.14 conflicts with N.J.A.C. 7:8, the requirements of N.J.A.C. 7:8 shall govern.
C.
Applicability.
1.
Subsections 18-815.1.1 through 18-815.1.14 shall be applicable to the following major developments:
2.
Subsections 18-815.1.1 through 18-815.1.14 shall also be applicable to all major developments undertaken by Lakewood Township.
D.
Compatibility with other permit and ordinance requirements. Development approvals issued pursuant to Subsections 18-815.1.1 through 18-815.1.14 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 Subsections 18-815.1.1 through 18-815.1.14 shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. Subsections 18-815.1.1 through 18-815.1.14 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 Subsections 18-815.1.1 through 18-815.1.14 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 3-4-2021 by Ord.
No. 2021-20]
For the purpose of Subsections 18-815.1.1 through 18-815.1.14, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of Subsections 18-815.1.1 through 18-815.1.14 clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
An infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of Subsections 18-815.1.1 through 18-815.1.14.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Board of Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission, such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. In the case of development of agricultural land,
development means any activity that requires a state permit, any activity
reviewed by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
Neighborhoods designated by the Urban Coordinating Council
"in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership, such as wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including, but not limited to, stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a "subwatershed," which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee, pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual development, as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of regulated impervious surface
since February 2, 2004;
The creation of 1/4 acre or more of regulated motor vehicle
surface since March 2, 2021; or
A combination of Subsection A2 and 3 above that totals an area
of 1/4 acre or more. The same surface shall not be counted twice when
determining if the combination area equals 1/4 acre or more.
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of Subsection A1, 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.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation, including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in Subsections 18-815.1.1 through 18-815.1.14. 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 Subsections 18-815.1.1 through 18-815.1.14. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in Subsections 18-815.1.1 through 18-815.1.14, provided the design engineer demonstrates to the municipality, in accordance with Subsection 18-815.1.4F of Subsections 18-815.1.1 through 18-815.1.14 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 Subsections 18-815.1.1 through 18-815.1.14.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, groundwaters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or
Quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant, where the water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of these
goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
Previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation."
[Added 3-4-2021 by Ord.
No. 2021-20]
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 Subsections 18-815.1.1 through 18-815.1.14 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.
[Added 3-4-2021 by Ord.
No. 2021-20]
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 13:1B-15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
C.
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection 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 Subsection 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 Subsection 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 Subsection 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 Subsection 18-815.1.4D3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection 18-815.1.4O, P, Q and R that were not achievable on-site.
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 Subsection 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://njstormwater.org/bmp_manual2.htm.
F.
Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in Subsections 18-815.1.1 through 18-815.1.14, the BMP Tables in the Stormwater Management Rule at N.J.A.C. 7:8-5.2(f) shall take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Cistern
|
0%
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0%
|
No
|
Yes
|
2
|
|
Grass swale
|
50% or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0%
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a)(g)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80%
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80%
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60% to 80%
|
No
|
No
|
—
|
|
(Notes corresponding to annotations (a) through (g) are found after Table 3.)
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Bioretention system
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80%
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80%
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90%
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations (b) through (d) are after Table 3.)
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Blue roof
|
0%
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40% to 60%
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80%
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90%
|
No
|
No
|
1
|
|
Wet pond
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation
specified at Subsection 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 Subsection 18-815.1.2;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection 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 Subsection 18-815.1.6B. Alternative stormwater management measures may be used to satisfy the requirements at Subsection 18-815.14O only if the measures meet the definition of "green infrastructure" at Subsection 18-815.1.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection O2 are subject to the contributory drainage area limitation specified at Subsection O2 for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection O2 shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection 18-815.1.4D is granted from Subsection 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 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection 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, 5:21-7.4, and 5:21-7.5
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 Subsection 18-815.1.8; 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 subsection, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection 18-815.1.2 may be used only under the circumstances described at Subsection 18-815.1.4O4.
K.
Any application for a new agricultural development that meets the definition of "major development" at Subsection 18-815.1.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection 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 Subsection 18-815.1.4P, Q and R shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
M.
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Ocean County Clerk's office. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 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 Subsection 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 Subsection 18-815.1.4 of Subsections 18-815.1.1 through 18-815.1.14 and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the office of 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 Subsection 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 Subsection 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 Subsection 18-815.1.4P and Q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection 18-815.1.4F and/or an alternative stormwater management measure approved in accordance with Subsection 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
(acres)
|
|---|---|
|
Dry well
|
1
|
|
Manufactured treatment device
|
2.5
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed 3 times the area occupied
by the BMP
|
|
Small-scale bioretention systems
|
2.5
|
|
Small-scale infiltration basin
|
2.5
|
|
Small-scale sand filter
|
2.5
|
3.
To satisfy the stormwater runoff quantity standards at Subsection 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 Subsection 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 Subsection 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 Subsection 18-815.1.4G, may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 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 Subsection 18-815.1.4P, Q and R, unless the project is granted a waiver from strict compliance in accordance with Subsection 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 Subsection 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 preconstruction groundwater recharge volume for the site; or
b.
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from preconstruction to post-construction
for the two-year storm is infiltrated.
c.
This groundwater recharge requirement does not apply to projects
within the urban redevelopment area, or to projects subject to Subsection
P2d below.
d.
The following types of stormwater shall not be recharged:
(1)
Stormwater from areas of high pollutant loading.
High pollutant loading areas are areas in industrial and commercial
developments where solvents and/or petroleum products are loaded/unloaded,
stored, or applied, areas where pesticides are loaded/unloaded or
stored; areas where hazardous materials are expected to be present
in greater than "reportable quantities" as defined by the United States
Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where
recharge would be inconsistent with Department-approved remedial action
work plan or landfill closure plan and areas with high risks for spills
of toxic materials, such as gas stations and vehicle maintenance facilities;
and
(2)
Industrial stormwater exposed to source material.
"Source material" means any material(s) or machinery, located at an
industrial facility, that is directly or indirectly related to process,
manufacturing or other industrial activities, which could be a source
of pollutants in any industrial stormwater discharge to groundwater.
Source materials include, but are not limited to, raw materials; intermediate
products; final products; waste materials; by-products; industrial
machinery and fuels, and lubricants, solvents, and detergents that
are related to process, manufacturing, or other industrial activities
that are exposed to stormwater.
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 1/4 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.
80% 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 Subsection Q2 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.
|
|
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 Subsection 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)3i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
10.
This stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s),
such as gravel, dirt, and/or shells.
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 Subsection 18-815.1.5, complete one of the following:
a.
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the preconstruction runoff hydrographs for the same
storm events;
b.
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the preconstruction condition, in the
peak runoff rates of stormwater leaving the site for the two-, ten-
and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
c.
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75% and 80%, respectively, of the preconstruction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
d.
In tidal flood hazard areas, stormwater runoff quantity analysis
in accordance with Subsection R2a, 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 3-4-2021 by Ord.
No. 2021-20]
A.
Stormwater runoff shall be calculated in accordance with the following:
1.
The design engineer shall calculate runoff using one of the
following methods:
a.
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16, Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
b.
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The Rational and Modified Rational
Methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
soil conservation district is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
2.
For the purpose of calculating runoff coefficients and groundwater
recharge, there is a presumption that the preconstruction condition
of a site or portion thereof is a wooded land use with good hydrologic
condition. The term "runoff coefficient" applies to both the NRCS
methodology above at Subsection 18-815.1.5A1a and the Rational and
Modified Rational Methods at Subsection 18-815.1.5A1b. A runoff coefficient
or a groundwater recharge land cover for an existing condition may
be used on all or a portion of the site if the design engineer verifies
that the hydrologic condition has existed on the site or portion of
the site for at least five years without interruption prior to the
time of application. If more than one land cover have existed on the
site during the five years immediately prior to the time of application,
the land cover with the lowest runoff potential shall be used for
the computations. In addition, there is the presumption that the site
is in good hydrologic condition (if the land use type is pasture,
lawn, or park), with good cover (if the land use type is woods), or
with good hydrologic condition and conservation treatment (if the
land use type is cultivation).
3.
In computing preconstruction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce preconstruction stormwater runoff rates and volumes.
4.
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds 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
Ground-Water-Recharge Areas in New Jersey, incorporated herein by
reference as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
[Added 3-4-2021 by Ord.
No. 2021-20]
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 http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
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://www.njstormwater.org/maintenance_guidance.htm.
B.
Submissions required for review by the Department should be mailed
to the Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
[Added 3-4-2021 by Ord.
No. 2021-20]
A.
Site design features identified under Subsection 18-815.1.4F above, or alternative designs in accordance with Subsection 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 subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection 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 7.0 square inches, or is no greater than
0.5 inch across the smallest dimension. Examples of grates subject
to this standard include grates in grate inlets, the grate portion
(non-curb-opening portion) of combination inlets, grates on storm
sewer manholes, ditch grates, trench grates, and grates of spacer
bars in slotted drains. Examples of ground surfaces include surfaces
of roads (including bridges), driveways, parking areas, bikeways,
plazas, sidewalks, lawns, fields, open channels, and stormwater system
floors used to collect stormwater from the surface into a storm drain
or surface water body.
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 7.0 square inches, or be no greater than 2.0
inches across the smallest dimension.
2.
The standard in Subsection 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 9.0 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 4.625 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 inch.
(3)
Note that these exemptions do not authorize any
infringement of requirements in the Residential Site Improvement Standards
for bicycle-safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 5:21-7.4(b)1].
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 3-4-2021 by Ord.
No. 2021-20]
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 Subsection 18-815.1.8C1, 2 and 3 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 less than two inches
across the smallest dimension.
c.
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant, and shall be designed to
withstand a perpendicular live loading of 300 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 Subsection 18-815.1.8C, a freestanding 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 feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Subsection 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 3-4-2021 by Ord.
No. 2021-20]
A.
Submission of site development stormwater plan.
1.
Whenever an applicant seeks municipal approval of a development subject to Subsections 18-815.1.1 through 18-815.1.14, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection 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 Subsections 18-815.1.1 through 18-815.1.14.
3.
The applicant shall submit the required number copies of the materials listed in the Checklist for Site Development Stormwater Plans in accordance with Subsection 18-815.1.9C of Subsections 18-815.1.1 through 18-815.1.14.
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 Subsections 18-815.1.1 through 18-815.1.14.
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 floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
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 Subsections 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 predevelopment and post-development conditions for the design storms specified in Subsection 18-815.1.4 of Subsections 18-815.1.1 through 18-815.1.14.
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 on-site boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
7.
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection 18-815.1.10.
8.
Waiver from submission requirements. The municipal official or board reviewing an application under Subsections 18-815.1.1 through 18-815.1.14 may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection 18-815.1.9C1 through 6 of Subsections 18-815.1.1 through 18-815.1.14 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 3-4-2021 by Ord.
No. 2021-20]
A.
Applicability. Projects subject to review as in Subsection 18-815.1.1C of Subsections 18-815.1.1 through 18-815.1.14 shall comply with the requirements of Subsection 18-815.1.10B and C.
B.
General maintenance.
1.
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
2.
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). 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 Subsection
18-815.1.10B3 above is not a public agency, the maintenance plan and
any future revisions based on Subsection 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 nonvegetated linings.
7.
The party responsible for maintenance identified under Subsection
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 Subsection
18-815.1.10B6 and 7 above.
8.
The requirements of Subsection 18-815.1.10B3 and 4 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 3-4-2021 by Ord.
No. 2021-20]
A.
Notwithstanding the general penalties and remedies prescribed in Section 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.
B.
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 subsection
shall prevent an applicant from obtaining injunctive relief.
[Added 3-4-2021 by Ord.
No. 2021-20]
All subdivision and site plan review fees associated with this
section shall be provided by the applicant as established within Sections
1105, 1106, 1007 and 1108 of this chapter.
[Added 3-4-2021 by Ord.
No. 2021-20]
Each section, subsection, sentence, clause and phrase of Subsections 18-815.1.1 through 18-815.1.14 is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of Subsections 18-815.1.1 through 18-815.1.14 to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of Subsections 18-815.1.1 through 18-815.1.14.
[Added 3-4-2021 by Ord.
No. 2021-20]
Subsections 18-815.1.1 through 18-815.1.14 shall be in full force and effect from and after its adoption and any publication as required by law.
A.
A proposed traffic control plan showing traffic signs to be installed
by the developer at its sole expense shall be submitted with each
application for a major subdivision or site plan that involves the
creation of new streets or site plan approval. The plan shall indicate
the nature and proposed location of traffic and street signs needed
to assure safe and controlled flow of traffic on the tract, including
site ingress and egress. The information to be set forth on each sign,
including street names, stop and yield signs at intersections, designations
of one way and dead end streets, and prohibited parking locations,
shall be specified.
B.
Final sign locations shall be determined by the Township after review,
when necessary, with the Department of Transportation (NJDOT) or County,
of proposed traffic generation and vehicular movement data and relevant
speed and accident sampling data.
C.
All signs shall be approved by the Township Engineer prior to their
purchase by the developer, to assure uniformity and conformance with
the standards contained in the Manual on Uniform Traffic Control Devices.
D.
No certificate of occupancy shall be issued for any structure located
on the tract until the Township Engineer has certified the satisfactory
installation by the developer of all signage in accordance with the
traffic control plan.
E.
The installation of electronic traffic control signaling devices is not prescribed by this section, since a pro-rata portion of the developer's cost for such devices shall be assessed and collected from the developer pursuant to § 18-504.
F.
All non-residential site plans shall submit plans to the Township
Public Safety Office and the NJDOT to allow for Title 39 enforcement.
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.
[Ord. No. 2019-9]
A.
No part of a building shall be erected within, or shall project into
any required yard area except as follows:
1.
Cornices, projecting eaves, gutters or chimneys, and bay windows
or similar architectural projections may project a distance of up
to 30 inches into a required yard area unless such a projection would
encroach beyond the property line of the neighboring property.
2.
Handicapped ramps may project into a required setback. However, the
portion of the ramp where the floor elevation exceeds three feet above
finished grade, may not be closer than three feet to a property line.
3.
Second story and higher floors may project 24 inches into the front
or rear yard setback.
4.
Steps that descend to a basement may project into any yard setback
as long as it is no closer than five feet from the adjacent property
line.
5.
All other steps, including a maximum 6' x 4' landing or stoop may
project into any front or rear yard setback.
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.
A.
An Environmental Impact Statement is required for every major subdivision
containing 10 units or more and major site plan application applications
consisting of more than 5,000 square feet of commercial space.
B.
Every Environmental Impact Statement (EIS) shall contain the following:
1.
A key map showing the location of the development and how it relates
to the surrounding region affected thereby.
2.
A description of the development specifying, in the form of maps,
drawings, graphs or similar visual aids, and also by narrative, what
is to be done and how it is to be done during and after construction
of the development, including information and technical data adequate
to permit a careful assessment of the environmental impact of the
development.
3.
An inventory of the existing environmental conditions at the development
site and in the surrounding region affected thereby which shall describe
the following:
a.
Physical Characteristics
(1)
Air quality.
(2)
Hydrology, including maps and descriptions of streams, water
bodies and flood plains and a discussion of water quality.
(3)
Geology.
(4)
Soils and their properties, including capabilities and limitations.
(5)
Topography and slope.
(6)
Drainage.
(7)
Vegetation.
(8)
Air Quality and Water Quality shall be described with reference
to the standards promulgated by the Department of Environmental Protection
of the State of New Jersey and soils shall be described with reference
to criteria contained in the Ocean County, New Jersey Soil Survey
Standards and Specifications, issued by the United States Department
of Agriculture Soil Conservation Service.
d.
Aesthetics.
e.
A listing of all licenses, permits or other approvals required by
municipal, County or State law, the status of each, and proof that
the applicant has contacted officials of any Federal, State, County
or municipal agency affected by the proposed development.
4.
(Reserved)
5.
(Reserved)
6.
An assessment of the probable impact of the development upon all
of the topics listed in Subsection B3 above.
7.
A listing and evaluation of adverse environmental impacts which cannot
be avoided, with particular emphasis upon air or water pollution,
increase in noise during and after construction, damage to plant,
tree and wildlife systems, damage to natural resources, displacement
of people and businesses, increase in sedimentation and siltation,
flooding, potential storm water runoff damage both on and off site,
increase in municipal services, and health, safety and well being
of the public. Off-site and off-tract impact shall also be set forth
and evaluated.
8.
A thorough description of the steps to be taken to minimize adverse
environmental impact before, during and after construction of the
development, both at the development site and in the surrounding region
affected thereby, such description to be accompanied by necessary
maps, schedules and other explanatory data as may be needed to clarify
and explain the actions to be taken.
9.
Any irreversible and irretrievable commitment of resources which
would be involved in the proposed action shall be identified and described.
10.
A statement of alternatives to the proposed development which might
avoid some or all of the adverse environmental effects, including
a no-action alternative, with an objective evaluation of each alternative
including the no-action alternative.
11.
A reference list of available pertinent, published information relating
to the development, the development site, and the surrounding region
affected thereby.
12.
Notwithstanding the foregoing, the Reviewing Board may waive the
requirement for an Environmental Impact Statement (EIS) if sufficient
evidence is submitted by the applicant to support a conclusion that
the proposed development will have a slight or negligible environmental
impact. Portions of such requirement may likewise be waived upon a
finding by the Board that a complete EIS need not be prepared in order
to evaluate adequately the environmental impact of the development.
13.
Environmental Considerations: Environmental elements relating to
soil erosion, preservation of trees, protection of watercourses, topography,
soil, and wildlife shall be reviewed and the design of the plan shall
minimize any adverse impact on these elements. Whenever possible,
the natural features of a site are to be preserved, flood plains respected,
and excessive cuts or fill avoided. In reviewing a site plan, the
reviewing authority shall take into consideration the effect of the
development upon all aspects of the environment as outlined in the
EIS requirements, as well as the sufficiency of the applicant's proposal
in their EIS for dealing with any immediate or projected adverse environmental
effects. The reviewing authority may require, as a condition of approval
of the application, that steps be taken to minimize the adverse environmental
impact during and after construction, and no final approval shall
be issued until all such requirements shall have been complied with
or compliance is guaranteed by a performance guarantee meeting the
standards, requirements and procedures set forth in this section.
A.
Uniformity Prohibited. Except as provided in this section, not more
than one construction permit shall hereafter be issued for any dwelling
to be erected in a residential development consisting of two or more
houses if it is substantially alike in exterior design and appearance
with any neighboring dwelling situated on the same or opposite sides
of the street within 500 feet or five contiguous building lots, whichever
is less, of a dwelling then in existence or for which a building permit
has been issued or is pending. The distance herein specified shall
be construed to mean the distance between the street property lines
of the respective properties.
B.
Criteria. Houses within such specified distances from each other
shall be considered uniform in exterior design and appearance if they
have any one of the following characteristics:
1.
The same basic dimensions and floor plans are used without substantial
differentiation of more than one or (1) more exterior elevations.
2.
The same basic dimensions and floor plans are used without substantial
change in orientation on the lots.
3.
The height and design of the roofs are without substantial change
in design and appearance.
4.
The appearance and arrangement of the windows and other openings
in the front elevation, including the appearance and arrangement of
the porch and garage, are not substantially different from adjoining
dwellings.
C.
Additional requirement. In addition to the requirements specified in Subsection 18-821B, there shall not be less than two separate basic house designs in every residential development consisting of four to six houses, and not less than four basic house designs in every residential development of seven to 15 houses and not less than five basic house designs in every residential development consisting of 16 to 25 houses and not less than eight basic designs in every development consisting of more than 25 houses.
D.
Survey Required. To insure conformity with the provisions of this section, no construction permit shall hereafter be issued for more than one dwelling in any residential development, except as provided in Subsection 18-821E, until an engineer's survey or architect's drawing of the entire tract, or part to be developed, has been submitted to the Construction Official showing thereon, or on a schedule attached thereto, the model number, type and design of each house. The survey or drawing shall show the dimensions of each house, its exact location on the lot with setbacks and width or depth of all yard spaces. In the event of subsequent desired change in basic, size or location of a house in such a tract, a revised plan and application therefor shall be filed and approved before such work is started.
E.
Affidavit required. To further insure the conformity with the provisions
of this section in respect to new subdivisions for the purpose of
a housing development, the Planning Board may at its discretion require
an affidavit or a performance guarantee approved as to form so that
the intent and purpose of this section is satisfied.
A.
Soil Removal and Redistribution. No topsoil shall be removed from the Township of Lakewood. Further, any proposal for the removal of more than 425 cubic yards of soil from one location in the Township to another shall be the subject of a site plan application containing the information required for an application under Article VI of this chapter for both the sending and receiving lots. The excavation and grading for completion of a site plan shall be done in accordance with the approved site plan that contains soil erosion and sediment control provisions. Any application proposing the excavating, redistributing and/or removal of more than 425 cubic yards of material or involving an area exceeding 1,275 square feet shall include on its site plan the following: the means to prevent erosion, provide for sedimentation control and drainage, dust and mud on the premises as well as abutting lands; the preservation of soil fertility and the resulting ability of the area affected to support plant and tree growth by maintenance of adequate topsoil consisting of at least six inches of the original layer; maintenance of necessary lateral support and grades of abutting land, structures and other improvements; prevention of pits and declivities which are hazardous or which provide insect breeding locations; the physical characteristics and limitations of the soil for the use to which the land may lawfully be put; and such other factors as may reasonably bear upon or relate to the public health, safety and general welfare. Additional controls on soil removal are set forth in the General Ordinances of the Township of Lakewood.
B.
Grading.
1.
All lots being filled shall be filled with clean fill and/or topsoil
to allow complete surface draining of the lot into local storm sewer
systems or natural drainage rights-of-way. No construction or regrading
shall be permitted which creates or aggravates water stagnation, siltation
or a drainage problem on adjacent properties. Grading shall be limited
to areas shown on an approved site or subdivision plan. Any topsoil
distributed during approved operations shall be redistributed throughout
the site.
2.
There shall be change in existing grade which raises the elevation
of the lot within five feet of a property line. Furthermore, there
shall be no change in existing grade which raises any portion of the
lot more than one and one-half (1.5) feet above the existing ground
level at a point 20 feet from the property line. When necessary, a
swale shall be created in order to control surface waters in a manner
that will protect abutting lands. For retaining walls which exceed
three feet in height above the natural grade, material certifications
and engineering drawings shall be required to ensure durability and
stability, provided that for each six inches in height above the natural
grade a retaining wall shall be set back two feet from the property
line to which it is adjacent. Distances from property lines shall
be measured at right angles to straight portions and radial curved
portions.
C.
Clearing and Grading
1.
The erection of a structure on a lot, the clearing of less than 10
trees or the alteration of the existing grade on a lot smaller than
two acres shall be in accordance with a plan approved by the Township
Engineer or his representative and shall meet the requirements as
set forth below. The clearing of 10 trees or more or the alteration
of the existing grade on a lot of two acres or more shall be in accordance
with a plan approved by the Planning Board. This provision shall not
apply to the clearing and grading necessary for the construction of
one single-family house unless that construction is incidental to
an application that is otherwise before the Planning Board or the
Zoning Board of Adjustment, or proposes clearing and grading of land
within 15 feet of the side or rear yard property lines.
2.
Where possible, land shall be graded so that all stormwater runoff
from each lot shall drain directly to the street. If impossible to
drain directly to the street, it shall be drained to a system of interior
yard drainage designed in accordance with the requirements of the
subdivision and site plan provisions, the NJ Residential Site Improvement
Standards, or as otherwise required by the Township Engineer.
3.
Unless otherwise required by the Township Engineer, all tree stumps,
masonry and other obstructions shall be removed to a depth of two
feet below existing or finished grade, whichever is lower.
4.
The minimum slope for lawns shall be 1%, and for smooth, hard finished
surfaces other than roadways, four-tenths of one percent (4/10 of
1%).
5.
The maximum grade for lawns within five feet of a building shall
be 10% and for lawns more than five feet from a building, 25%.
[Ord. No. 2007-7 § 1]
A.
Two signed and sealed copies of the individual plot plans shall be
submitted to the Township Engineer to accompany any permit applications
for new residential construction that require a building permit, including
new dwellings, additions, pools, retaining walls, and any other improvements
that require a permit. The individual plot plan shall be utilized
to review the project for adequate drainage and grading and compliance
to all applicable Township standards.
B.
The Township Engineer will review the submitted documents and either
disapprove or approve the submitted plot plan. The applicant will
be notified if any revisions are required. (All plot plan review checklists
will be copied to the Construction Official.)
C.
A road opening permit is required for any activity within a right-of-way
associated with the plot plan review.
D.
The Construction Official shall not issue a construction permit until
the Township Engineer approves the proposed individual plot plan and
issuance of a road opening permit (where required).
E.
Each individual plot plan shall be drawn to scale (not less than
1" equaling 40'), signed and sealed by a professional licensed to
practice in the State of New Jersey, in accordance with N.J.S.A. 13:40-7.3,
and shall be no smaller than 8 1/2" x 14".
F.
Individual plot plans should include the following information:
1.
Bearing and distances.
2.
North arrow, written and graphic scale.
3.
Existing/proposed easements and dedications.
4.
Existing/proposed building dimensions.
5.
Existing/proposed sidewalks, driveways and retaining walls.
6.
"Building Envelope" geographically depicting and dimensioning zoning
setback requirements and/or setbacks approved by the Board (if applicable).
7.
Street name, right-of-way width, pavement width and composition of
the street(s) fronting lot.
8.
The title block on the plot plan must include the property address,
the block number and lot number of the property in question and the
name of the applicant.
9.
Limits of clearing and soil disturbance.
10.
Existing trees to be protected and remain.
11.
Location of wetlands with NJDEP permit number and/or any environmental
constraints to the property. If there are no wetlands, then a note
should be added to the plan stating that no wetlands exist on the
subject property.
12.
Sufficient street elevations including the center line, gutter and
top of curb (if applicable); existing and proposed lot elevations
to include a minimum, property corners, midpoints of property lines,
building corners and center of lot; the finished first floor, basement
and garage floor elevations of the proposed structure and adjacent
dwellings, corner elevations, and topography within 25 inches of property
lines. The source of data should be noted. Any specific circumstances
for which elevation requirements cannot be met will be subject to
review by the Township Engineer on a case-by-case basis. Under no
circumstances shall individual lots be graded in such a manner as
to redirect stormwater runoff onto adjacent and/or downstream properties
or disturb or change the existing drainage patterns of adjacent lot(s).
Drainage flow arrows shall be provided to clearly depict the directions
of stormwater runoff. No grading or creation of sump conditions shall
be permitted on an adjacent lot unless the owner of said adjacent
lot(s) has specifically granted permission, in writing.
13.
Location of any storm drainage pipes within 25 feet of the property
including pipe size, grade and invert.
14.
Lot grading shall be designed to provide positive runoff with grades
at a minimum slope of one (1.0%) percent.
15.
Other items that may be required by the Township Engineer for proper
construction of the site.
G.
Plot plans for board approved projects shall match approved subdivision/site
plans.
H.
If a basement is proposed, a subsurface soils investigation certified
by a licensed engineer shall be submitted with the plot plan. Basement
floor elevations shall be set a minimum two feet above the Seasonal
High Water Table (SHWT).
I.
The applicant shall submit a foundation survey prior to an inspection
of the foundation for approval and backfilling. This survey shall
include the elevation and location of the foundation. If the as-built
survey establishes locations or elevations different from those submitted
in the plot plan, minor changes in the proposed grading shall be noted.
Any substantial differences will be reviewed by the Township Engineer
with the action plan.
J.
The applicant shall submit a final "As-Built" Survey, signed and
sealed by a professional engineer or land surveyor prior to requesting
a final Certificate of Occupancy (CO inspection) from the Township
Engineer. All information on the as-built survey shall include the
items described under Subsection F and forwarded to the Engineer prior
to backfilling.
K.
Exemptions. The requirements of this section may be waived at the
discretion of the Township Engineer for building additions, sheds,
fences, etc. contingent on the following:
[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.
