[1979 Code § 64-59; Ord. No. 3-82; Ord. No. 6-85; Ord. No. 10-97 § 23-25; Ord. No. 02-09; Ord. No.
2017-02]
a.
Prior to the subdivision or resubdivision of land and prior to the
issuance of a building permit or Certificate of Occupancy for any
development, an application for subdivision or site plan approval,
as the case may be, shall be submitted to and approved by the Planning
Board in accordance with the requirements of this Article; except
that subdivision or individual lot applications for detached one-family
or two family dwelling unit buildings shall be exempt from site plan
review and approval.
1.
Except as may otherwise be provided in this chapter, site plan approval
shall be required for the following:
(a)
Any new building or structure.
(b)
Any alteration or addition to an existing building or structure.
(c)
Any change in use of land or an existing structure.
(d)
Any construction or alteration of accessory facilities such
as parking areas, lighting and signs.
(e)
For rebuilding any building or structure, which is either nonconforming
or devoted to a nonconforming use, which has been partially destroyed
except when such building will be reconstructed as before with the
same dimensions, location and use.
2.
Site plan approval shall not be required for the following:
(a)
The reconstruction of a conforming structure, including a structure
erected in accordance with the terms of a variance previously granted,
which has been destroyed by fire or other casualty, provided that
the building or structure does not violate any yard, setback or height
requirements for the zone in which it is located, and that the building
is intended to be used for the same conforming use which existed at
the time of the loss or destruction thereof.
3.
The Planning Board, at its discretion, may waive any or all of the
required items for submission upon a finding by the Board that the
applicant has shown that these items are not applicable to the application
in question or that the application is of such a minor nature that
no changes to the site are required.
4.
The Planning Board at its discretion, may waive the necessity of
submission of a formal site plan application and site plan plats but
only after having conducted an informal review of the development
proposal otherwise requiring site plan review and approval provided
the Board shall determine that the development proposal otherwise
requiring site plan review and approval is of such a minor nature
so as not to necessitate a formal site plan review application in
order for the Board to render an informal determination thereon provided
that the development proposal is entirely conforming with all land
use regulations and further provided the Planning Board shall be satisfied
that the application will not adversely impact the public health and
safety, the rights of adjoining and nearby property owners, the rights
of the Township of Green with respect to public roadways, public lands
and public improvements or have the potential 'for any adverse impact
which might otherwise be avoidable through the administration of a
formal application for site plan review and approval.
b.
Time of Filing. The application shall be filed with the Secretary
of the Planning Board at least 30 days prior to a regular meeting
of the Planning Board.
c.
Application Content. The application shall consist of 20 blue or black on white prints of the subdivision plat or site plan, 20 copies of any other required documents and improvement plans and a fee as specified in Chapter 33, Land Development Fees. Alternatively, the applicant may submit plan sets as follows: three full-sized 22 inches by 34 inches subdivision or site plan sets and 17 half-scale 11 inches by 17 inches sets. Additionally, stormwater management plans may be limited to three copies.
d.
County Planning Board Review. The applicant shall forward a copy
of the application to the Sussex County Planning Board for its consideration.
[1979 Code § 64-60; Ord. No. 2017-02]
a.
General. Upon receipt of an application, the Secretary of the Planning
Board shall forward same to the Planning Board Technical Review Committee
and to all members of the Planning Board and, in addition, shall send
a copy to such Federal, State, County and Municipal officials and
agencies as directed by the Subdivision and Site Plan Committee.
b.
The Technical Review Committee shall review the application for completeness,
along with reports required from any officials or agencies, and shall
submit its findings and recommendations to the Planning Board.
c.
Time for Action.
1.
The Planning Board shall grant or deny the application within the
times of submission of a complete application prescribed below or
within such further time as may be consented to by the applicant.
|
Period of Time for Action by Planning Board Type of Application
(days)
| |
|---|---|
|
Minor subdivision or resubdivision
|
45
|
|
Minor site plan
|
45
|
|
Preliminary plat, 10 lots or less
|
45
|
|
Preliminary plat, more than 10 lots
|
95
|
|
Preliminary site plan, 10 acres of land or less
|
45
|
|
Preliminary site plan, more than 10 acres of land
|
95
|
|
Final plat
|
45
|
|
Final site plan
|
45
|
|
Variance
|
120
|
2.
Failure of the Planning Board to act within the period prescribed
shall constitute approval, and a certificate of the Township Clerk
as to the failure of the Planning Board to act shall be issued on
request of the applicant, and it shall be sufficient in lieu of the
written endorsement or other evidence of approval herein required
and shall be so accepted by the county recording officer for purposes
of filing subdivision plats. The applicant shall be notified in writing
of the Planning Board's action within one week of its action.
d.
Whenever review or approval of an application by the County Planning
Board is required, the Planning Board shall condition any approval
that it grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time period.
e.
Before the Secretary of the Planning Board returns any approved application
to an applicant, the applicant shall have sufficient copies made to
furnish one copy to each of the following:
[1979 Code § 64-61; Ord. No. 10-97 § 26; Ord. No. 2017-02]
All applicants for land development approval by the Planning
Board are strongly encouraged to submit an application for conceptual
review as the initial step in the process. Neither the Planning Board
nor the applicant are strictly bound by the results of a conceptual
review. It is the Township's desire that the planning process shall
be facilitated through concept applications. Fees and escrow fees
for a concept plan shall be 1/2 of those charged for the formal application
at the next step of the process. Credit for such fees shall be granted
to any such applicant at the time of application for preliminary and/or
final approval as applicable.
[1979 Code § 64-62; Ord. No. 10-97 § 27; Ord. No. 2017-02]
A minor subdivision or minor site plan application shall be filed in accordance with § 30-11.1a above and shall contain all data and information required by § 30-14.2.
a.
If approved as a minor subdivision or a minor site plan, a notation to that effect will be made on the plat or plan. The Chairman and Secretary of the Planning Board shall sign the plat or plan, and the approval shall be deemed to be final, provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to §§ 30-15 and 30-16.
b.
Approval of a minor subdivision shall expire 190 days from the date
of adoption of the resolution memorializing the decision of the Board
unless within such period, a plat in conformity with such approval
and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.,
or a deed clearly describing the approved minor subdivision is filed
by the developer with the County Recording Officer. Any such plat
or deed accepted for such filing shall have been signed by the Chairman
and Secretary of the Planning Board. In reviewing the application
for development of a proposed minor subdivision, the Planning Board
may be permitted by ordinance to accept a plat not in conformity with
the Map Filing Law, N.J.S.A. c. 46:23-9.9 et seq., provided that if
the developer chooses to file the minor subdivision, as provided herein,
by plat rather than deed, such plat shall conform with the provisions
of the law.
c.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision or minor site
plan approval was granted shall not be changed for a period of two
years after the date of approval, provided that any approved minor
subdivision shall have been duly recorded as provided in this section.
d.
If it is determined by the review professionals that the application
is a major subdivision or site plan, the applicant will be so notified.
No further Planning Board action on the application shall be required,
and the developer shall follow the procedures contained herein for
preliminary and final approval.
[1979 Code § 64-63; Ord. No. 2017-02]
Application for approval of a preliminary major subdivision or a preliminary major site plan shall be filed in accordance with § 30-11.1a and shall contain all information prescribed in § 30-16b or 30-16d, as the case may be.
a.
Following report from the Technical Review Committee, if the Planning Board finds that the application is complete, it shall make a recommendation to schedule a hearing on the application following the procedures in Article IV.
b.
If the Planning Board requires any substantial amendment in the layout
of improvements proposed by the developer that have been the subject
of the hearing, revised documents shall be submitted and proceeded
upon as in the case of the original application. The Planning Board
shall, if the proposed application complies with this chapter, grant
preliminary approval.
c.
Preliminary approval shall, except as provided in Subsection c4 of this section, confer upon the applicant the following rights for a three year period from the date of the preliminary approval:
1.
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to § 30-15b, except that nothing herein shall be construed to prevent the Township from modifying, by ordinance, such general terms and conditions of preliminary approval as relate to public health and safety.
2.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary subdivision plat or site plan, as the
case may be.
3.
That the applicant may apply for and the Planning Board may grant
extensions on such preliminary approval for additional periods of
at least one year but not to exceed a total extension of two years,
provided that if the design standards have been revised by ordinance,
such revised standards may govern.
4.
In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection c1, 2, and 3 above for such period of time longer than three years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
[1979 Code § 64-64; Ord. No. 13-88; Ord. No. 10-97 §§ 28-34; Ord. No. 09-19; Ord. No.
2017-02; amended 6-17-2019 by Ord. No. 2019-11]
Before recording of final subdivision plats or deeds and/or
as a condition of final site plan approval and/or as a condition to
the issuance of a zoning permit, the applicant shall have installed
all required improvements; provided, however, that the Township may
require and shall accept performance and maintenance guarantees for
the purpose of assuring the installation and maintenance of certain
on tract improvements. Such performance and maintenance guarantees
shall be in accordance with the provisions of this section. In the
event that final approval is by stages or sections of development
as provided by this chapter, the provisions of this section shall
be applied by stage or section of development. The nature and scope
of required performance guarantees shall be as follows:
a.
Public
Improvements: Performance guarantees shall be provided for those improvements
required by an approval or developer's agreement, ordinance, or regulation
to be dedicated to a public entity, and that have not yet been installed
for the following improvements as shown on the approved plans or plat:
streets, pavement, gutters, curbs, sidewalks, street lighting, street
trees, surveyor's monuments, as shown on the final map and required
by the Map Filing Law, P.L.1960, c.141 (N.J.S.A. 46:23-9.17; repealed
by Section 2 of P.L.2011, c.217) or N.J.S.A. 46:26B-1 through N.J.S.A.
46:26B-8, water mains, sanitary sewers, community septic systems,
drainage structures, public improvements of open space, and any grading
necessitated by the preceding improvements.
b.
Perimeter
Buffers: Performance guarantees shall be provided, within an approved
phase or section of a development, privately owned perimeter buffer
landscaping, as required by this chapter or imposed as a condition
of approval.
c.
Safety
and Stabilization: A safety and stabilization guarantee in favor of
the Township shall be provided, when required by the approving agency,
for the purpose of returning property that has been disturbed to a
safe and stable condition or otherwise implementing measures to protect
the public from access to an unsafe or unstable condition.
d.
Temporary
Certificates of Occupancy: In the event that the developer shall seek
a temporary certificate of occupancy for a development, unit, lot,
building, or phase of development, as a condition of the issuance
thereof, the developer shall furnish a separate guarantee, referred
to herein as a "temporary certificate of occupancy guarantee." Such
guarantee shall cover the cost of installation of only those improvements
or items which remain to be completed or installed under the terms
of the temporary certificate of occupancy and which are required to
be installed or completed as a condition precedent to the issuance
of the permanent certificate of occupancy for the development, unit,
lot, building or phase of development and which are not covered by
an existing performance guarantee.
e.
Successor
Developer: In the event that a successor developer to the original
developer becomes responsible for completion of the required improvements,
the successor developer shall furnish a replacement performance guarantee.
a.
Amount:
The amount of any performance guarantees required by this chapter
shall be as follows:
1.
Public
Improvements: The performance guarantee shall be in an amount not
to exceed 120% of the cost of installation of only those improvements
required by an approval or developer's agreement, ordinance or regulation
to be dedicated to a public entity, and that have not yet been installed,
which cost shall be determined by the Township Engineer, according
to the method of calculation set forth in Section 15 of P.L.1991,
c.256 (N.J.S.A. 40:55D-53.4), for the following improvements as shown
on the approved plans or plat: streets, pavement, gutters, curbs,
sidewalks, street lighting, street trees, surveyor's monuments, as
shown on the final map and required by the Map Filing Law, P.L.1960,
c.141 (N.J.S.A. 46:23-9.9 et seq.; repealed by Section 2 of P.L.2011,
c.217) or N.J.S.A. 46:26B-1 through N.J.S.A. 446:26B-8, water mains,
sanitary sewers, community septic systems, drainage structures, public
improvements of open space, and any grading necessitated by the preceding
improvements.
2.
Perimeter Buffers: At the developer's option, any required performance guarantee for privately owned perimeter buffer landscaping may be posted either as a separate guarantee or as a line item of the performance guarantee required by this chapter. The amount of the perimeter buffer landscaping guarantee shall be calculated in the same manner as for the performance guarantee in Subsection a1 above.
3.
Safety
and Stabilization: At the developer's option, any required safety
and stabilization guarantee may be furnished either as a separate
guarantee or as a line item of the performance guarantee required
by this article. The amount of such guarantee shall be as follows:
(a)
The amount of a safety and stabilization guarantee for a development
with bonded improvements in an amount not exceeding $100,000 shall
be $5,000.
(b)
The amount of a safety and stabilization guarantee for a development
with bonded improvements exceeding $100,000 shall be calculated as
a percentage of the bonded improvement costs of the development or
phase of development as follows:
4.
Temporary
Certificates of Occupancy: The amount of any temporary certificate
of occupancy guarantee shall be determined by the Township Engineer.
b.
Appeal of Disputed Performance Guarantee Amounts: The developer may appeal the Township Engineer's estimate of the cost of improvements for purposes of furnishing a performance guarantee. Such appeal shall be made in accordance with the procedures set forth in § 33-6.
c.
Form
of Guarantee: At least 10% of the performance guarantee shall be in
the form of cash or a certified check made payable to the Township
of Green. The balance of the performance guarantee shall be in the
form of any security issued by an institution authorized to issue
such securities in the State of New Jersey and which may be accepted
by the Township and approved by the Township Attorney, including but
not limited to surety bonds, cash and letters of credit; provided
that the Township shall only accept an irrevocable letter of credit
if it:
1.
Constitutes
an unconditional payment obligation of the issuer running solely to
the Township for an express initial period of time in the amount determined
pursuant to this chapter;
2.
Is issued
by a banking or savings institution authorized to do and doing business
in the State of New Jersey;
3.
Is for
a period of at least one year; and
4.
Permits
the Township to draw upon the letter of credit if the obligor fails
to furnish another letter of credit which complies with the provisions
of this section 30 days or more in advance of the expiration date
of the letter of credit or such longer period in advance thereof as
is stated in the letter of credit.
d.
Guarantee
from Successor Developer:
1.
The
Township Committee or an approving authority may accept a performance
guarantee in favor of the Township from a successor developer as a
replacement for a performance guarantee that was previously furnished,
pursuant to Section 41 of P.L.1975, c.291 (N.J.S.A. 40:55D-53), for
the purpose of assuring the installation of improvements.
2.
An approving
authority shall notify the governing body whenever it accepts a replacement
performance guarantee. Notice shall contain a copy of the written
confirmation of the new obligor's intent to furnish a replacement
performance guarantee and the Township Engineer's written verification
of the sufficiency of the amount of that replacement performance guarantee.
3.
Except
as otherwise provided by an ordinance requiring a successor developer
to furnish a replacement performance guarantee, the Township Committee
or approving authority shall not accept a replacement performance
guarantee without securing:
(a)
Written confirmation from the new obligor that the intent of the
new obligor is to furnish a replacement performance guarantee, relieving
the predecessor obligor and surety, if any, of any obligation to install
improvements; and
(b)
Written verification from the Township Engineer that the preplacement
performance guarantee is of an amount sufficient to cover the cost
of the installation of improvements, but not to exceed 120% of the
cost of the installation, which verification shall be determined consistent
with Section 41 of P.L.1975, c.291 (N.J.S.A. 40:55D-53).
a.
Term
of Guarantee. The performance guarantee shall state the time period
within which all improvements are to be installed by the developer,
which shall be as set forth in the developer's agreement with the
Township.
b.
Extension
of Time Allowed for Completion of Improvements. The time allowed for
installation of the improvements for which the performance guarantee
has been provided may be extended by the Township Committee by resolution.
As a condition or as part of any such extension, the amount of any
performance guarantee shall be increased or reduced, as the case may
be, to an amount not to exceed 120% of the cost of the installation
at the time of the resolution. The cost of installation shall be determined
by the Township Engineer as provided herein for the initial cost determination.
If the required improvements are not completed or corrected
in accordance with the performance guarantee, the obligor and surety,
if any, shall be liable thereon to the Township for the reasonable
costs of the improvements not completed or corrected. The Township
may, either prior to or after receipt of the proceeds thereof, complete
such improvements or use said funds to restore the property to a safe
condition so that the subject property in its unfinished development
state does not adversely affect the public safety or adversely impact
the environment. The following shall apply:
a.
Any completion
or correction of improvements shall be subject to the public bidding
requirements of the Local Public Contracts Law.
b.
If a safety and stabilization guarantee was required pursuant to § 30-13.1c, the Township may utilize such guarantee only in the circumstance that:
1.
Site
disturbance has commenced and, thereafter, all work on the development
has ceased for a period of at least 60 consecutive days following
such commencement for reasons other than force majeure; and
2.
Work
has not recommenced within 30 days following the provision of written
notice by the Township to the developer of the Township's intent to
claim payment under the guarantee.
c.
The Township
shall not provide notice of its intent to claim payment under a safety
and stabilization guarantee until a period of at least 60 days has
elapsed during which all work on the development has ceased for reasons
other than force majeure. The Township shall provide written notice
to a developer by certified mail or other form of delivery providing
evidence of receipt.
Release of performance guarantees shall be in accordance with
the following procedures:
a.
Upon
substantial completion of all required street improvements (except
for the top course) and appurtenant utility improvements and the connection
of the same to the public system, the obligor may request of the Township
Committee that the Township Engineer prepare a list of all uncompleted
or unsatisfactory completed improvements. The request to the Township
Committee shall be made in writing by certified mail addressed to
the Township Clerk, with a copy of the request to be sent to the Township
Engineer. The request shall indicate which improvements have been
completed and which improvements remain uncompleted in the judgement
of the obligor.
b.
Upon
receiving the obligor's request, the Township Engineer shall inspect
all improvements covered by the obligor's request and shall file a
detailed list and report, in writing, with the Township Committee
and shall simultaneously send a copy thereof to the obligor not later
than 45 days after receipt of the obligor's request.
c.
The detailed
list prepared by the Township Engineer shall be in accordance with
the itemized cost estimate prepared by the Township Engineer, which
estimate shall have been appended to the performance guarantee as
required herein. The list prepared by the Township Engineer shall
state, in detail, with respect to each improvement determined to be
incomplete or unsatisfactory, the nature and extent of the incompleteness
of each incomplete improvement or the nature and extent of and remedy
for the unsatisfactory state of each completed improvement determined
to be unsatisfactory.
d.
The report
prepared by the Township Engineer shall identify each improvement
determined to be complete and satisfactory together with a recommendation
as to the amount of reduction to be made in the performance guarantee
relating to the completed and satisfactory improvement. The recommended
reduction shall be in accordance with the itemized cost estimate prepared
by the Township Engineer, which cost estimate shall have been appended
to the performance guarantee as required herein.
e.
The Township
Committee, by resolution, shall either approve the improvements determined
to be complete and satisfactory by the Township Engineer or reject
any or all of these improvements. The cause for any rejection shall
be stated in the Committee's resolution. If any portion of the required
improvements is rejected, the approving authority may require the
obligor to complete or correct such improvements and, upon completion
or correction, the same procedure of notification as required herein
shall be followed.
f.
For accepted
improvements, the Township Committee shall approve and authorize the
amount of reduction to be made in the performance guarantee relating
to the improvements accepted. Any authorized reduction shall be in
accordance with the itemized cost estimate prepared by the Township
Engineer, which cost estimate shall have been appended to the performance
guarantee as required herein. The resolution shall be adopted not
later than 45 days after receipt of the list and report prepared by
the Township Engineer.
g.
Any partial
reduction granted in the performance guarantee as provided herein
shall be applied to the cash deposit in the same proportion as the
original cash deposit bears to the full amount of the performance
guarantee.
h.
Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee required pursuant to § 30-13.1, which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released.
i.
At no
time may the Township hold more than one guarantee or bond of any
type with respect to the same line item. The temporary certificate
of occupancy guarantee shall be released by the Township Engineer
upon the issuance of a permanent certificate of occupancy with regard
to the development, unit, lot, building, or phase as to which the
temporary certificate of occupancy relates.
j.
The Township shall release a separate safety and stabilization guarantee to a developer upon the developer's furnishing of a performance guarantee which includes a line item for safety and stabilization in the amount required by § 30-13.1c.
k.
The Township
shall release a safety and stabilization guarantee upon the Township
Engineer's determination that the development of the project site
has reached a point that the improvements installed are adequate to
avoid any potential threat to public safety. The safety and stabilization
guarantee shall be reduced by the same percentage as the performance
guarantee is being reduced at the time of each performance guarantee
reduction.
l.
Within
30 days after receiving notice from the approving authority of its
acceptance of a replacement performance guarantee, the Township Committee,
by resolution, shall release the predecessor obligor from liability
pursuant to its performance guarantee.
m.
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to § 30-13.1, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the Township may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the Township below 30%.
Upon adoption of the resolution by the Township Committee approving
certain completed improvements, the obligor shall be release from
all liability pursuant to its performance guarantee, with respect
to those approved improvements. The following shall apply:
a.
To the extent that any of the improvements have been dedicated to the Township on the subdivision plat or site plan, the Township Committee shall be deemed, upon the release of any performance guarantee required pursuant to § 30-13.1a, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Township Engineer.
If the Township Engineer or Township Committee fails to act
on the request for release of a performance guarantee within the time
required herein, the obligor may apply to the court in the manner
provided below, provided that nothing herein shall be construed to
limit the right of the obligor to contest by legal proceedings any
determination of the Township Committee or the Township Engineer.
a.
If the
Township Engineer fails to send or provide the list and report as
requested by the obligor as required herein within 45 days from receipt
of the request, the obligor may apply to the court in a summary manner
for an order compelling the Township Engineer to provide the list
and report within a stated time. The cost of applying to the court,
including reasonable attorney's fees, may be awarded to the prevailing
party.
b.
If the
Township Committee fails to approve or reject the improvements determined
by the Township Engineer to be complete and satisfactory or reduce
the performance guarantee for the complete and satisfactory improvements
within 45 days from the receipt of the Township Engineer's list and
report, the obligor may apply to the court in a summary manner for
an order compelling, within a stated time, approval of the complete
and satisfactory improvements and approval of a reduction in the performance
guarantee for the approvable complete and satisfactory improvements
in accordance with the itemized cost estimate prepared by the Township
Engineer, which cost estimate shall have been appended to the performance
guarantee as required herein. The cost of applying to the court, including
reasonable attorney's fees, may be awarded to the prevailing party.
b.
Private
Stormwater Management Improvements: If required by the developer's
agreement with the Township, the developer shall post with the Township,
upon the inspection and issuance of final approval of the following
private site improvements by the Township Engineer, a maintenance
guarantee for the following private site improvements: stormwater
management basins, in-flow and water quality structures within the
basins, and the out-flow pipes and structures of the stormwater management
system.
c.
Except
as specifically provided otherwise below, maintenance guarantees shall
be administered in the same manner as performance guarantees as provided
by this chapter.
1.
Amount
of Maintenance Guarantee: The maintenance guarantee shall be in favor
of the Township of Green in an amount equal to 15% of the cost of
such improvements. In the event of improvements for which a performance
guarantee was issued, the amount of the maintenance guarantee shall
equal 15% of the cost of those improvements for which the guarantee(s)
is(are) being released. The cost of said improvements shall be determined
by the Township Engineer in the same manner as provided herein for
performance guarantees.
2.
Appeal of Disputed Maintenance Guarantee Amounts: The developer may appeal the Township Engineer's estimate of the cost of improvements for purposes of furnishing a maintenance guarantee. Such appeal shall be made in accordance with the procedures set forth in § 33-6.
3.
Form
of Guarantee: The maintenance guarantee shall be in the form of any
security issued by an institution authorized to issue such securities
in the State of New Jersey and which may be accepted by the Township
and approved by the Township Attorney, including but not limited to
surety bonds, cash and letters of credit, provided that acceptance
of irrevocable letters of credit shall be subject to the same conditions
as provided herein for performance guarantees.
4.
Term
of Maintenance Guarantee: The maintenance guarantee shall be required
to run for a period of two years, which shall be stated in the guarantee,
and shall automatically expire at the end of the established term.
In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed or the improvements
are covered by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the Township for such utilities or improvements.
Prior to any constructions and coincident with the furnishing
of the performance guarantee by the developer, the developer shall
enter into a developer's agreement with the Township Committee incorporating
all of the terms and conditions of approval as required by the Board.
In addition, the developer's agreement may impose and describe the
terms of other matters that may or may not be specified in the approval,
including but not limited to the following:
a.
Procurement
of necessary drainage, utility, access, construction and other easements.
b.
Revisions
to the drainage plan as may be reasonably required by the Township
Engineer before or during construction.
c.
Construction-related
provisions, such as permitted days and hours of construction, traffic
controls, staging and storage of equipment and materials, site security,
noise and dust controls, installation and use of temporary structures,
etc.
d.
Tree
preservation, removal and replacement requirements.
e.
Condominium
requirements and documentation.
f.
Compliance
with state, county and other jurisdictional requirements.
g.
Submission
of as-built drawings.
h.
Title
39 requirements.
i.
Insurance,
liability and indemnification requirements.
All improvements required by the Board, except electric, telephone,
cable television, street lighting, gas, water and streets not under
the jurisdiction of the Township of Green shall be installed under
the supervision and inspection of the Township Engineer. Such other
improvements shall be installed under the supervision and inspection
of the authority having jurisdiction over such improvements. No construction
work covering the required improvements shall be commenced without
the developer first notifying the Township Engineer and/or Construction
Official, as applicable, that said construction work is about to take
place. Such notice shall be given, in writing, to the Township Engineer
at least one week before the commencement of such work. No required
improvements shall be covered with soil or other improvements until
inspected and approved by the Township Engineer.
[1979 Code § 64-65; Ord. No. 7-91; Ord. No. 12-93; Ord. No. 10-97 § 35; Ord. No. 2017-02]
a.
Filing. Application for approval of a final plat or a final site plan shall be filed in accordance with § 30-11.1a and shall contain all the information prescribed in § 30-14.2c or § 30-14.2f, as the case may be. The application shall be filed within the period prescribed in § 30-11.1b and may be for the whole or a section or sections of the preliminary plat or site plan, as the case may be.
b.
Following the report from the Technical Review Committee, if the Planning Board finds that the application is complete, it shall schedule a hearing on the application following the procedures in Article IV.
c.
If the Planning Board requires any substantial amendment in the layout
of improvements proposed by the developer that have been the subject
of the hearing, an amended application shall be submitted and proceeded
upon as in the case of the original application. The Planning Board
shall, if the proposed application complies with this chapter, together
with any conditions imposed by the Board, grant final approval.
d.
Effect of Final Approval.
1.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 30-11.5c, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that in the case of major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in Subsection e of this section. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in Subsection e of this section, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval, pursuant to § 30-11.5c, for the section granted final approval.
2.
In the case of a subdivision or site plan for a planned development of 50 acres or more or conventional subdivision or site plan for one 150 acres or more, the Planning Board may grant the rights referred to in Subsection a of this section for such period of time longer than two years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Planning Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
e.
Recording of Final Plat.
1.
Final approval of a major subdivision shall expire 95 days from the
date of adoption of the resolution memorializing the action of the
Board unless within such period a plat conforming with the resolution
shall have been filed by the developer with the County Recording Officer.
2.
No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to P.L. 1975 c. 291. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guaranties required pursuant to § 30-13. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void.
f.
Filing and Return of Prints. After final approval, two mylar prints
shall be submitted to the Township Clerk along with an Autocad copy
of the approved plat to update the Township tax maps.
g.
No building permit shall be issued until final subdivision approval by the Planning Board of the final plat and the plat has been properly filed with the County Clerk within the time or extended time required in Subsection e of this section. Proof of filing shall be submitted to the Planning Board Secretary prior to issuance of a building permit.
h.
Building Permits for Site Plans. A building permit in connection
with a site plan may be issued prior to final approval, but only after
the installation of those improvements as the Planning Board, upon
the advice of the Township Engineer, may find necessary as precedent
to the issuance of such permit. No Certificate of Occupancy in connection
with a site plan shall be issued until final site plan approval by
the Planning Board.
i.
Land Disturbance/Construction Permits Required.
1.
No person, corporation, partnership, limited liability corporation
or other form of legal entity, their agents or subcontractors, shall
commence any construction, grading, filling or other form of land
disturbance, nor shall any use be commenced in furtherance of any
approved preliminary and/or final subdivision or site plan, unless
a permit for same shall have first been obtained from the issuing
authority, who shall be the Township Engineer.
2.
Prior to the issuance of any such permit, the issuing authority shall
have first determined that:
(a)
All conditions of Board approval have been met;
(c)
All required permits have been obtained and documentation of
permit issuance has been submitted;
(d)
All proposed construction will be in accordance with approved
plans;
(e)
A pre-construction meeting has been held with the Township Engineer;
(f)
All off-tract improvements contributions have been deposited
with the Township of Green or their payment shall have been adequately
assured to the satisfaction of the Township Committee;
(g)
All required surety has been posted and accepted by the Township
Committee;
(h)
A developer's agreement, if required, has been executed with
the Township Committee; and
(i)
The developer has made arrangements with the State Police and
the provider of other emergency services with respect to traffic control
and circulation considerations during construction activities.
3.
No such permit shall be issued unless, at least 10 days prior to
the date on which construction is proposed to commence, the applicant
shall have applied, in writing, on an approved application form.
4.
Such permit shall be valid for a period of one year from date of
issuance and shall automatically expire, by limitation, unless construction
pursuant thereof shall have been actually commenced within such period
and shall have been diligently pursued.
6.
Site restoration-guaranties required.
(a)
It is the intent of this subsection to assure, in the event
of cessation of land disturbance and/or construction activities, for
a period of more than 90 consecutive days (when adverse weather conditions
are not the cause of the cessation of operation or the applicant has
not satisfactorily explained to the issuing authority the reason for
such cessation of operation and when the issuing authority shall not
have found that such cessation of operation is of a temporary nature,
only), restoration of so much of the site as is reasonably required
to result in a safe and stable condition and one which does not create
a risk to the public health and safety.
(b)
Consequently, it shall be required that, prior to the issuance
of a land disturbance construction permit, the applicant shall first
have posted with the Township of Green, a restoration guaranty, meeting
the requirements of N.J.S.A. 40:55D-6 and N.J.S.A. 40:55D-53, to assure
the prompt and proper restoration of only so much of the site as,
in the opinion of the issuing authority, is unsafe, unstable or presents
a risk to the public health and safety.
(c)
The amount of the restoration guaranty shall be equal to one
120% of the estimated cost of restoration of the site to a safe and
stable condition, assuming all land disturbance and construction activities
are in full progress when the cessation thereof has taken place.
(d)
The applicant shall have the option of posting separate restoration
guaranties for various separate phases of land disturbance or construction
activities upon the site, in order that, upon the satisfactory completion
of a particular phase of land disturbance or construction, the applicant
may apply for and secure the release of the restoration guaranty posted
for that particular phase.
(e)
Such restoration guaranty shall be posted with the Township
of Green, shall be approved by the Township Attorney and accepted
by the Green Township Committee prior to the issuance of any land
disturbance-construction permit pursuant to this section.
7.
Violations and penalties.
(a)
Any person, corporation, partnership, limited liability corporation
or other form of legal entity violating this section shall, upon conviction,
be subject to a fine of $1,000 per day for any such violation and
each and every day such violation continues shall be considered a
separate and distinct violation; or shall be imprisoned for a period
not exceeding 90 days, or both.
[1979 Code § 64-78; Ord. No. 10-97 §§ 79, 80; Ord. No. 2017-02]
a.
If, before final subdivision approval has been granted, any person
transfers or sells, except pursuant to an agreement expressly conditioned
on final subdivision approval, as owner or agent, any land which forms
a part of a subdivision, such person shall be subject to a penalty
in accordance with the maximum provided by law, and each lot disposition
so made may be deemed a separate violation.
[1979 Code 64-66; Ord. No. 9-83; Ord. No. 10-97 §§ 36-41;
New; Ord. No. 2017-02]
Applications addressed to the original jurisdiction of the Planning
Board shall be filed with the Secretary of the Planning Board. An
applicant shall obtain all necessary forms from the Secretary of the
Planning Board, who shall inform the applicant of the steps to be
taken to institute proceedings and of the meeting dates of the Board.
All applications shall be completed in accordance with the requirements
listed in the Application Forms and Checklists attached, as follows:
1.
Green Township Planning Board Application
2.
Sussex County Planning Board Application
3.
FORM #1 - Application Checklists
4.
FORM #2 - Request for Certification of Property Taxes
5.
FORM #3 - Request for List of Property Owners
6.
FORM #4 - List of Property Owners and Manner Served
7.
FORM #5 - Affidavit of Applicant/Affidavit of Ownership
8.
FORM #6 - Corporation or Partnership Form
9.
FORM #7 - Site Inspection Authorization/Application Fee Statement
10.
FORM #8 - Publication Requirements
11.
FORM #9 - Notice of Public Hearing
[1979 Code § 64-67; Ord. No. 13-88; Ord. No. 10-97 §§ 43
— 47; Ord. No. 2017-02]
a.
On-tract Installations for Subdivisions. Prior to the granting of final approval, the developer shall have installed or furnished performance guaranties, as set forth in § 30-13.1, for the ultimate installation of the improvements described below. All improvements shall be subject to approval and inspection by the Township Engineer, who shall be notified by the developer at least seven days prior to the start of construction of any improvements. No underground installation shall be covered until inspected and approved.
1.
Streets and Pavements. The developer shall design and construct streets
and pavements meeting the minimum specifications hereinafter set forth.
(a)
Subgrade. Topsoil shall be stripped from the proposed roadbed
for the entire width of pavement, gutters and other required improvements,
and all unstable material shall be removed from the area. All loose
rock or boulders shall be removed or broken off at least six inches
below surface of the subgrade. Subgrades should be compacted to a
density of not less than 95% of maximum.
(b)
Pavement, curbs and other street specifications shall be in
accordance with the included schedule.
(c)
Specifications not covered herein shall be in accordance with
current New Jersey State Site Improvement Standards.
2.
Signs. Street name signs shall be placed at all intersections as
approved by the Township Committee. Traffic signs shall be placed
as determined by the New Jersey State Department of Transportation.
3.
Sidewalks. The developer shall construct four-foot concrete sidewalks
except where such requirement is expressly waived or adjusted by the
Planning Board. Materials and construction methods shall be in conformance
with the specifications or the New Jersey Site Improvement Standards.
4.
Streetlighting. The developer shall be responsible for the installation
of streetlighting facilities as approved by the Township Committee.
5.
Landscaping and Buffering. The developer shall install landscaping
and buffering pursuant to the approved landscaping plan.
6.
Monuments. Monuments shall be the size and shape required by Section
4 of Chapter 433 of the Laws of 1953 and shall be placed in accordance
with that statute.
The provisions of § 30-10.1, notwithstanding, the
applicant shall have actually installed at least two such monuments,
with the additional monuments required, if any, being the subject
of a performance guaranty.
7.
Storm Drainage. A storm drainage system shall be designed and constructed
pursuant to § 30-17A, Stormwater Control, as approved by
the Planning Board and subject to review by the Township Engineer.
8.
Bridges. Bridges shall be of a design and type as required by the
laws of the State of New Jersey.
9.
Sanitary Sewers and Water Supply Facilities. If available, shall
be installed in accordance with State law and as approved by the appropriate
officials or department.
10.
Permeability Tests. Where a sanitary sewer system is not accessible,
the developer shall furnish to the Planning Board satisfactory proof
of soil permeability, soil log and other appropriate tests that substrata
under each lot is sufficient to support a properly functioning individual
sewage disposal system conforming to the requirements of the State
Department of Environmental Protection, the County Health Department
and regulations issued thereunder as well as the ordinances of the
Township of Green, as applicable. Two permeability tests and soil
logs shall be required for each lot.
b.
On-Tract Installations for Site Plans. Prior to the granting of final
approval, the applicant shall have installed or furnished performance
guaranties for all required improvements. All improvements deemed
necessary to protect the public health, safety and welfare shall have
been installed and approved prior to the issuance of a Certificate
of Occupancy. All such improvements shall be subject to the approval
and inspection of the Township Engineer who shall make appropriate
reports to the Planning Board and Township Committee.
c.
On-Site Installations for Site Plans.
1.
Pavement. All parking and loading areas, entrance and exit driveways
and all road and access drives shall be paved and constructed in accordance
with the included schedule.
2.
Drainage. All parking and loading areas shall be graded and equipped
with adequate facilities, as approved by the Township Engineer, and
meet applicable requirements of the included schedule. The Planning
Board may require that provision be made for stormwater management
and control through the use of retention, detention, recharge and
other structures or measures by means of devices, mechanisms and natural
features in order to control runoff volume and velocity and to preserve
the quality of adjoining and downstream watercourses.
3.
Marking. All parking and loading spaces shall be appropriately marked
with painted lines.
4.
Lighting. Adequate lighting of all parking and loading areas shall
be provided as required by the Planning Board. Lighting of not less
than one-half-foot candle shall be required for all parking areas
and pedestrian walks and loading zones. No fugitive light shall be
permitted at the property line in an intensity of more than 0.1 foot
candles. All on-site lighting installed in connection with an approved
site plan shall be designed and constructed such that the angle of
illumination is not less than 80° and that no lighting so installed
creates a "hot spot" which would disrupt the peaceful enjoyment of
adjacent properties or constitute a safety hazard to vehicles using
the adjacent roadway. It is the Township's specific objective that
lighting be minimized in order to avoid excess cost to the community
and an unreasonable disruption of the rural character of the area.
5.
Buffering and Screening. All nonresidential off-street parking and
loading areas shall be designed and located so as to limit the impact
of such facilities on adjacent residential areas. Where such parking
and loading zones directly abut a residential use they shall be screened
by a fence or wall not less than six feet in height maintained in
good condition providing, however, that a screening utilizing natural
landscaping can be substituted for the required fence or wall if approved
by the Planning Board. Where parking is permitted in the front yard
and residential uses abut the front yard or are located across the
street from such parking, a landscape buffer not less than four feet
in height shall be installed. Buffer or screening as required by this
section may be waived by the Planning Board if, in the Board's judgment,
topographic or other unusual conditions make the buffer or screening
unnecessary or ineffective as a screen for adjacent residential property.
Specifications not covered herein shall be in accordance with the
New Jersey Site Improvements Standards Act as amended from time to
time.
6.
Curbing. Curbing shall be installed in the street right-of-way where required in Subsection a1 of this section. Parking areas and driveways shall be enclosed by concrete or granite block curbing where appropriate and needed for drainage and be six inches above the paved surface and located in accordance with § 30-17.1b and the included schedule.
7.
Sidewalks. Concrete sidewalks shall be constructed within the street
right-of-way when determined to be appropriate or as required by RSIS.
8.
(Reserved)
9.
Landscaping. All portions of the property that are required for the
development and not used for the buildings and off-street parking
shall be attractively landscaped with grass lawns, trees and shrubs
as approved by the Planning Board.
[1979 Code § 64-68; Ord. No. 10-97 §§ 50-52; Ord. No. 2017-02]
Pursuant to the provisions of N.J.S.A. 40:55D-39, and N.J.S.A.
40:55-42, construction of or contributions for off-tract water, sewer,
drainage and street improvements may be required in accordance with
the following criteria:
a.
Improvements to Be Constructed at the Sole Expense of the Applicant.
In cases where reasonable and necessary need for an off-tract improvement
or improvements is necessitated or required by the proposed development
application and where no other property owners receive a special benefit
thereby, the Planning Board may require the applicant, as a condition
of approval and at the applicant's sole expense, to provide for and
construct such improvements as if such were on-tract improvements
in the manner provided hereafter and as otherwise provided by law.
b.
Contributions by Developer for Required Off-tract Improvements.
1.
In cases where the need for any off-tract improvement is necessitated
by the proposed development application and where the Planning Board
determines that properties outside the development will also be benefited
by the improvements, such determination shall be made by the Planning
Board in writing. The resolution or determination of the Planning
Board shall specify the off-tract improvements which are necessary
and the terms and conditions which shall be imposed upon the applicant
to ensure the successful and reasonable implementation of same. In
its deliberation as to whether off-tract improvements are required,
the Planning Board shall be guided by the rules and regulations specified
in this chapter and the Township Master Plan. The Planning Board may
also be guided by counsel from the Planning Board Attorney, Engineer,
any consultant and other qualified experts and municipal officials
relative to the subject matter.
2.
In the event that the Planning Board determines that one or more
improvements constitute an off-tract improvement, the Planning Board
shall notify the Township Committee of same, specifying the Board's
recommendation relative to the estimated cost of same, the applicant's
prorated share of the cost and possible methods or means to implement
same, including but not limited to performance and maintenance guaranties,
cash contributions, development agreements and other forms of surety.
3.
The Planning Board shall not grant final approval on the subdivision
until all aspects of such conditions have been mutually agreed upon
by both the applicant and the Township Committee of the Township of
Green and a written resolution to that effect by the Township Committee
has been transmitted to the Planning Board.
c.
Methods of Implementation.
1.
Performance and Maintenance Guaranties. Where a performance or maintenance
guaranty or other surety is required in connection with an off-tract
improvement, the applicant shall be required to follow the same procedures
and requirements as specified in this chapter for other improvements.
2.
Development Agreement. Where a development agreement is required
governing off-tract improvements or other conditions as may be required
by this chapter or by the Planning Board, said agreement shall be
approved as to form, sufficiency and execution by the Planning Board
Attorney and Township Attorney. The agreement shall specify the amount
of cash contributions, if any, the method of payment of same, the
relative timing of such payment and the obligation or obligations
to be undertaken by the Township of Green.
3.
Cash Contributions, When Not Required. Cash contributions for off-tract
improvements shall not be required under the following conditions:
(a)
Where another County or State agency has jurisdiction over the
subject improvement and requires a cash contribution, guaranty or
other surety of the applicant in lieu of such conditions imposed by
the Township of Green.
(b)
Where a benefit assessment or other similar tax levy is imposed
upon the applicant for the off-site improvement provided.
(c)
Where the applicant, where legally permissible, can undertake
the improvements in lieu of the municipality, subject to standards
and other conditions as may be imposed by the Township of Green.
4.
Cash contribution; Method of Payment. That where an applicant provides
cash as a portion of a performance bond, the municipality being permitted
by statute (N.J.S.A. 40:55D-53.3) to require up to 10% of any performance
guaranty in cash or where a maintenance guaranty is provided in part
or in full in cash, the contributions shall be deposited with the
Treasurer of the Township of Green with copy of the applicant's transmittal
letter forwarded to the Township Committee, the Township Engineer
and Planning Board. Any and all monies received by the Treasurer shall
be deposited in an escrow account for the purpose of undertaking the
activities or improvements specified.
All such improvements shall be initiated within a period of
10 years from the date of acceptance of the escrow funds deposited.
For projects not initiated within that time frame the funds shall
be returned to the developer unless the developer, its heirs, assigns
and/or successors specifically request the Township to retain the
funds.
d.
Pro Rata Formula For Determining Applicant's Share of Off-tract Improvements.
Where an off-tract improvement is required, the following criteria
shall be utilized in determining the proportionate share of such improvement
to the applicant:
1.
For street widening, alignment, corrections, channelization of intersections,
constructions of barriers, new or improved traffic signalization,
signs, curbs, sidewalks, trees, utility improvements not covered elsewhere
and the construction of new streets and other similar street or traffic
improvements, the applicant's proportionate share shall be in the
ratio of the estimated peak hour traffic generated by the proposed
property or properties to the sum of the present deficiency in peak
hour traffic generated by the proposed development. The ratio to be
calculated is the proposed peak hour traffic divided by the sum of
the proposed peak hour traffic plus the existing deficiency in peak
hour capacity.
2.
For water distribution facilities, including the installation of
new water mains, the extension of existing water mains, the relocation
of such facilities and the installation of other appurtenances associated
therewith, the applicant's proportionate cost shall be in the ratio
of the estimated peak flow rate from the proposed development in gallons
per minute to the sum of the current peak flow deficiency in the existing
system or subsystem and the estimated peak flow rate from the proposed
development.
3.
For stormwater and drainage improvements, including installation,
relocation or replacement of transmission lines, culverts, catch basins
and the installation, relocation or replacement of other appurtenances
associated therewith, the applicant's proportionate cost shall be
in the ratio of the increased peak flow attributable to the development
to the current deficiency plus the estimated peak flow attributable
to the development.
4.
General Considerations. In calculating the proportionate or pro rata
amount of the cost of any required off-tract facilities which shall
be borne by the applicant, the Planning Board shall also determine
the pro rata amount of cost to be borne by other owners of lands which
will be benefited by the proposed improvements.
[1979 Code § 64-69A; Ord. No. 3-80; Ord. No. 6-86; Ord. No. 10-92; Ord. No.
19- 93; Ord. No. 05-16; Ord. No. 06-02; Ord. No. 2017-02]
The applicant shall observe the following requirements and principles
of land subdivision in the design of each subdivision or portion thereof:
a.
Conformance to Master Plan and Official Map. Where either or both
an Official Map or Master Plan have been adopted, the subdivision
shall conform to the proposals and conditions shown therein. The streets,
drainage, rights-of-way, school sites, public parks and playgrounds
shown on an officially adopted Master Plan or Official Map shall be
considered in the approval of subdivision plats.
b.
Streets.
1.
The arrangement of streets not shown on the Master Plan or Official
Map shall be such as to provide for the appropriate extension of existing
streets.
2.
Marginal Access. In subdivisions that abut arterial streets and such
other streets or portions of streets as the Planning Board may designate
on the Master Plan, the Planning Board may require provisions for
marginal access roads, reverse frontage lots with buffer strips for
planting or other design methods for the purpose of separating through
and local traffic.
3.
Right-of-Way and Pavement Width. The right-of-way width shall be
measured from lot line to lot line and shall not exceed 50 feet for
municipal streets or in the case of residential development, in accordance
with RSIS standards.
4.
No subdivision shall show reserve strips controlling access to streets.
5.
Subdivisions that adjoin or include existing streets that do not
conform to width, as shown on the Master Plan or Official Map or the
street width requirements of this chapter, shall dedicate additional
width along either one or both sides of the road. If the subdivision
is along one side only, 1/2 of the required extra width shall be conveyed
to the Township.
6.
Grades on arterial and collector streets shall not exceed 10%, grades
on other streets shall not exceed 12%. No street shall have a minimum
grade of less than 0.5% or as approved by the Planning Board.
7.
Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than 75°. The block corners at intersections
shall be rounded at the curbline with a curb radius of not less than
25 feet and if a collector street is involved, not less than 30 feet.
8.
Street jogs with center-line offsets of less than 125 feet shall
be prohibited.
9.
A tangent at least 100 feet long shall be introduced between reverse
curves on arterial and collector streets.
10.
When connecting street lines deflect from each other at any one point
by more than 10° and not more than 45° they shall be connected
by a curve with a radius of not less than 100 feet for minor streets
and 300 feet for arterial and collector streets or as required by
AASHTO or RSIS.
11.
All changes in grade shall be connected by parabolic curves of sufficient
radius to provide a smooth transition and proper sight distance.
12.
The use of curvilinear streets, cul-de-sacs and U-shaped streets
is preferred to rectangular grid street pattern.
14.
All dead-end streets or cul-de-sacs serving residential development
shall conform to RSIS standards. If future extension of such cul-de-sac
street is possible, provisions shall be made for a revision of excess
right-of-way to the adjoining properties. Cul-de-sac or dead-end streets
shall have a minimum length necessary to provide conforming widths,
measured at the street line, to no fewer than seven lots.
15.
No street shall have a name which will duplicate or so nearly duplicate
as to be confused with the name of an existing street. The continuation
of an existing street shall have the same name.
16.
The included schedule of minimum road design standards shall apply
to all street design unless otherwise superseded by provisions adopted
pursuant to N.J.S.A. 40:55D-40.4.
17.
No dead end street or cul-de-sac shall have an average daily traffic
maximum greater than 250 trips per day.
c.
Blocks. Block length and width or acreage within bounding roads shall
be such as to accommodate the size of lot required in the area by
the zoning regulations and to provide for convenient access, circulation
control and safety of street traffic.
d.
Lots.
1.
Dimensions. Lot dimensions and area shall be not less than the requirements
of the zoning regulations.
2.
Side Lines. Insofar as is practical, side lot lines shall be at right
angles to straight streets and radial to curved streets.
3.
Frontage. Each lot must front on an approved street.
4.
Setbacks. Where extra width has been dedicated for widening of existing
streets, lots shall begin at such extra width line, and all setbacks
shall be measured from such line.
5.
Suitability. All lots shall be suitable for their intended uses and,
where necessary, increased in size to compensate for conditions such
as steep slopes, rock formations and flood conditions.
e.
Public Use and Service Areas.
1.
Easements. In large scale development, easements along rear property
lines or elsewhere for utility installation may be required. Such
easements shall be at least 20 feet wide, or as specified by the Township
Engineer, and located in consultation with the companies or Township
departments concerned.
2.
Drainage Easements. Where a subdivision is traversed by a watercourse,
drainage way, channel or street, there shall be provided a stormwater
easement or drainage right-of-way, conforming substantially with the
lines of such watercourse, and such further width or construction,
or both, as will be adequate for the purpose. The drainage easements
shall be not less than 25 feet from the thread of the stream and the
drainage easement related to a drainage line, drainage way or street
shall be not less than 25 feet in width allowing adequate room for
the temporary location of construction equipment necessary for maintenance,
improvement or repair.
3.
Natural Features. Natural features, such as trees, brooks, hilltops
and views, shall be preserved whenever possible in designing any subdivision
containing such features.
f.
Residential Cluster Development.
1.
Any subdivision employing the use of residential cluster development
shall adhere to the following standards:
(a)
The subdivision development plan will not result in a greater
dwelling-unit density than if the property in question were developed
without residential clustering. In order to determine the dwelling-unit
density, the applicant shall submit a sketch layout of the property
showing street and lot arrangement without residential clustering.
(b)
The open space area shall be equal to the same percentage of
the total subdivision tract area that the lot areas have been reduced
from the area requirements.
(c)
Any area reserved as permanent open space shall be suitable
for its intended purpose and shall be at a location and of a shape
as approved by the Planning Board.
(d)
The open space area shall be reserved in perpetuity, either
by dedication for public use or for use by the residents of the development,
by private covenant or deed restriction for one of the following purposes:
2.
Nothing contained herein shall be construed to require the Planning
Board to approve any subdivision employing clustering if the subdivision
is in conflict with any provision of the Township Master Plan or if
the subdivision will in any way result in a land use pattern that
will adversely affect that portion of the Township in which it falls.
3.
Residential clustering is an option with the developer, and the foregoing
requirements apply only if such option is exercised.
g.
Lot Size Averaging. The Planning Board, where permitted by § 30-34.5,
may approve a subdivision employing the use of lot size averaging,
as defined in this chapter, when the reduction in the size of some
lots and the corresponding increase in the size of other lot(s) will
result in a more logical development pattern as a result of rock formations,
steep slopes, stone rows, tree lines, streams, existing vegetation
or other physical conditions. The deed for each and every new resultant
lot so created shall contain a covenant and restriction prohibiting
its further subdivision for the purpose of creating any new additional
lot or lots, except when such further subdivision would be allowed
by amendment to this chapter. The lot remaining after creation of
the new lots shall also be the subject of such a deed covenant and
restriction prohibiting the further subdivision of such remainder
lot, unless such remainder lot is constituted of an area in excess
of that required to "offset," the otherwise deficient area of the
new lots created and when such additional area is otherwise sufficient
for the purpose of the further subdivision thereof. In such cases,
only the "off setting" portion of the remainder shall be so deed restricted
and the "excess" portion of such remainder lot shall not be so deed
restricted.
i.
Flag Lots.
1.
Flag lots as herein defined and regulated may be created in all AR
Zone Districts.
2.
The flag lot created shall contain not less than twice the minimum
lot area otherwise required in the zone exclusive of the area contained
in the access strip or "flagstaff."
3.
Each flag lot shall have access to an existing public road by way
of an access strip which shall be owned in fee, rather than served
by an easement or right-of-way and shall be conveyed as part of the
flag lot.
Such access strip shall have a width of no less than 50 feet
fronting upon such road and shall have a width of no less than 50
feet at all other points between the intersection of the access strip
with the public road and its intersection with the rear line of the
flag lot created.
The access strip shall remain open and unbuilt upon at all times.
4.
The access strip shall be suitably improved to the satisfaction of
the Planning Board, acting upon the advice of the Planning Board Engineer,
so as to assure suitability of access to the flag lot created by motor
vehicles, including emergency vehicles and equipment, in all weather
conditions.
5.
Flag lots shall be created only in conjunction with an overall development
plan of the entire tract of which the flag lot is a part and the applicant
shall demonstrate a need, consistent with good planning principals,
for the creation of the flag lot and shall further demonstrate that
normal subdivision techniques are not practical because of topography,
lot or land configurations or other physical characteristics or constraints
of the land related to the proposed development concept.
6.
All flag lots to be created shall further conform to the following
requirements:
(a)
The flag lot shall be deemed to "front" upon such access strip
and the required lot width at the street line shall be measured along
the access strip. All other dimensional requirements applicable to
the zone district in which the flag lot is located shall be complied
with and shall be measured from and deemed to relate to the access
strip.
(b)
The entire portion of the required lot area shall be only upon
one side of the access strip.
(c)
Such flag lots shall not be further subdivided, nor shall the
access strip to same be used as access to any other lot or tract of
land, unless all improvements required by the Land Subdivision Ordinance
and the Streets and Road Ordinance of the Township of Green have been
installed, including the construction of a street or road leading
from the public road to all lots proposed to be so served, which street
or road shall meet all the design and construction standards as set
forth in all the ordinances applicable thereto.
(d)
The creation of a flag lot as herein provided shall be considered
a minor subdivision, unless same is proposed in conjunction with an
application otherwise classified as a major subdivision and the application,
review and approval procedures, fee schedules and limitations as to
the maximum number of lots created pursuant to the minor subdivision
requirements shall be as provided in the case of a minor subdivision.
[Ord. No. 06-02 §§ 1-13; Ord. No. 2017-02; amended 3-15-2021 by Ord. No. 2021-03]
a.
Scope and Purpose.
1.
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.
2.
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for major development, as defined in Subsection b, below.
3.
4.
Compatibility with Other Permit and Ordinance Requirements. Development
approvals issued pursuant to this subsection are to be considered
an integral part of development approvals and do not relieve the applicant
of the responsibility to secure required permits or approvals for
activities regulated by any other applicable code, rule, act, or ordinance.
In their interpretation and application, the provisions of this subsection
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare. This subsection is
not intended to interfere with, abrogate, or annul any other ordinances,
rule or regulation, statute, or other provision of law except that,
where any provision of this subsection imposes restrictions different
from those imposed by any other ordinance, rule or regulation, or
other provision of law, the more restrictive provisions or higher
standards shall control.
b.
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
DISTURBANCE
DRAINAGE AREA
ENVIRONMENTALLY CRITICAL AREA
ENVIRONMENTALLY CONSTRAINED AREA
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
1.
(a)
(b)
(c)
(d)
2.
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
1.
2.
3.
4.
REGULATED MOTOR VEHICLE SURFACE
1.
2.
SEDIMENT
SITE
SOIL
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions. For the purpose of this subsection, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this chapter.
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 Sussex County Board of County
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.
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 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.
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 the effective date of this subsection,
whichever is earlier; or
A combination of Subsection 1(b) and 1(c) above that totals
an area of 1/4 acre or more. The same surface shall not be counted
twice when determining if the combination area equals 1/4 acre or
more.
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of Subsection 1(a), (b), (c), or (d) above. Projects undertaken by
any government agency that otherwise meet the definition of major
development but which do not require approval under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major
development.
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 this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Subsection d6 of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
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.
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 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."
c.
General Standards.
1.
Design and Performance Standards for Stormwater Management Measures.
(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 Erosion and Sediment Control Act, N.J.S.A. 4:24-39
et seq., and implementing rules at N.J.A.C. 2:90.
(2)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
(b)
The standards in this subsection 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.
(c)
For site improvements regulated under the Residential Site Improvement
Standards (RSIS) at N.J.A.C. 5:21, the RSIS shall apply in addition
to this subsection except to the extent the RSIS are superseded by
this subsection or alternative standards applicable under a regional
stormwater management plan or quality management plan adopted in accordance
with Department rules.
d.
Stormwater Management Requirements for Major Development.
1.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection j.
2.
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 muhlenbergi (bog turtle).
3.
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection d16, d17, and d18:
(a)
The construction of an underground utility line, provided that
the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground utility line, provided that
the existing conditions are maintained to the maximum extent practicable;
and
(c)
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.
4.
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection d15, d16, d17, and d18 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:
(a)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(d)
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 d4(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection d15, d16, d17, and d18 that were not achievable on-site.
5.
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 d15, d16, d17, and d18. 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.
6.
Where the BMP tables in the NJ Stormwater Management Rule are different
due to updates or amendments with the tables in this subsection, 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
|
—
|
|
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
|
|
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 d15(b).
|
|
(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 b.
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection b.
|
7.
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 d2. Alternative stormwater management measures may be used to satisfy the requirements at Subsection d15 only if the measures meet the definition of green infrastructure at Subsection b. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection d15(b) are subject to the contributory drainage area limitation specified at Subsection d15(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection d15(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection d4 is granted from Subsection d15.
8.
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.
9.
Design standards for stormwater management measures are as follows:
(a)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(b)
Stormwater management measures 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 h3;
(c)
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;
(d)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection h; and
(e)
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.
10.
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 b may be used only under the circumstances described at Subsection d15(d).
11.
Any application for a new agricultural development that meets the definition of "major development" at Subsection b shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection d15, d16, d17, and d18 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.
12.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection d16, d17, and d18 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.
13.
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Sussex 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 d15, d16, d17, and d18 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 j2(e). Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
14.
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 d of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Sussex County Clerk's office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection d13 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 d13 above.
15.
Green Infrastructure Standards.
(a)
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection d16 and d17, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection d6 and/or an alternative stormwater management measure approved in accordance with Subsection d7. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
(d)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection d4 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 d7 may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection d16, d17, and d18.
(e)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection d16, d17, and d18, unless the project is granted a waiver from strict compliance in accordance with Subsection d4.
16.
Groundwater Recharge Standards.
(a)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows.
(b)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection e, either:
(1)
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
(2)
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 d16(d) 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.
17.
Stormwater Runoff Quality Standards.
(a)
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.
(b)
Stormwater management measures shall be designed to reduce the
post-construction load of total suspended solids (TSS) in stormwater
runoff generated from the water quality design storm as follows:
(1)
Eighty percent TSS removal of the anticipated load,
expressed as an annual average shall be achieved for the stormwater
runoff from the net increase of motor vehicle surface.
(2)
If the surface is considered regulated motor vehicle
surface because the water quality treatment for an area of motor vehicle
surface that is currently receiving water quality treatment either
by vegetation or soil, by an existing stormwater management measure,
or by treatment at a wastewater treatment plant is to be modified
or removed, the project shall maintain or increase the existing TSS
removal of the anticipated load expressed as an annual average.
(c)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection d17(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(d)
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
|
Table 4
| |||||
|---|---|---|---|---|---|
|
Water Quality Design Storm Distribution
| |||||
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
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
|
(e)
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (AxB)/100
|
|
Where:
| ||
|
R
|
=
|
Total TSS percent load removal from application of both BMPs.
|
|
A
|
=
|
The TSS percent removal rate applicable to the first BMP.
|
|
B
|
=
|
The TSS percent removal rate applicable to the second BMP.
|
(f)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. 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 d16, d17, and d18.
(g)
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.
(h)
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.
(i)
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.
(j)
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.
18.
Stormwater Runoff Quantity Standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
(b)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at subsection e, complete one of the following:
(1)
Demonstrate through hydrologic and hydraulic analysis
that for stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same
storm events;
(2)
Demonstrate through hydrologic and hydraulic analysis
that there is no increase, as compared to the preconstruction condition,
in the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(3)
Design stormwater management measures so that the
post-construction peak runoff rates for the two-, ten- and 100-year
storm events are 50%, 75% and 80%, respectively, of the preconstruction
peak runoff rates. The percentages apply only to the post-construction
stormwater runoff that is attributable to the portion of the site
on which the proposed development or project is to be constructed;
or
(4)
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection d18(b)(1), (2), and (3) above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
(c)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse,
or receiving storm sewer system.
e.
Calculation of Stormwater Runoff and Groundwater Recharge.
1.
Stormwater runoff shall be calculated in accordance with the following:
(a)
The design engineer shall calculate runoff using one of the
following methods:
(1)
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/stelprdb1 044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(2)
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.
(b)
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 e1(a)(1) and the Rational and Modified Rational Methods at Subsection e1(a)(2). 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).
(c)
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.
(d)
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.
(e)
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.
2.
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at https://www.nj.gov/dep/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.
f.
Sources for Technical Guidance.
1.
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at http://www.nj.gov/dep/stormwater/bmp
manual2.htm.
(a)
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater 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.
(b)
Additional maintenance guidance is available on the Department's
website at https://www.njstormwater.org/maintenance_guidance.htm.
2.
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.
g.
Solids and Floatable Materials Control Standards.
1.
Site design features identified under Subsection d6 above, or alternative designs in accordance with Subsection d7 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 g1(b) below.
(a)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(1)
The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines; or
(2)
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches, or is no greater
than 0.5 inches across the smallest dimension. Examples of grates
subject to this standard include grates in grate inlets, the grate
portion (non-curb-opening portion) of combination inlets, grates on
storm sewer manholes, ditch grates, trench grates, and grates of spacer
bars in slotted drains. Examples of ground surfaces include surfaces
of roads (including bridges), driveways, parking areas, bikeways,
plazas, sidewalks, lawns, fields, open channels, and stormwater system
floors used to collect stormwater from the surface into a storm drain
or surface water body.
(3)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven square inches or be no greater than
two inches across the smallest dimension.
(b)
The standard in Subsection g1(a) above does not apply:
(1)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than nine square
inches;
(2)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(3)
Where flows from the water quality design storm 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:
(4)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
Water Quality Design Storm as specified in N.J.A.C. 7:8; or
(5)
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.
(6)
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle-safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1].
h.
Safety Standards for Stormwater Management Basins.
1.
This subsection sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This subsection applies to any new stormwater management BMP.
2.
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection h3 for trash racks, overflow grates, and escape provisions at outlet structures.
3.
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
(a)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the stormwater management
BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
(1)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(2)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(3)
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
(4)
The trash rack shall be constructed of rigid, durable, and corrosion-resistant
material and designed to withstand a perpendicular live loading of
300 pounds per square foot.
(b)
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
such grate shall meet the following requirements:
(1)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance;
(2)
The overflow grate spacing shall be no less than two inches
across the smallest dimension; and
(3)
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.
(c)
Stormwater management BMPs shall include escape provisions as
follows:
(1)
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection h3, a freestanding outlet structure may be exempted from this requirement;
(2)
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four 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 h5 for an illustration of safety ledges in a stormwater management BMP; and
(3)
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
4.
Variance or Exemption from Safety Standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
5.
Safety Ledge Illustration.
|
Elevation View - Basin Safety Ledge Configuration
 |
i.
Requirements for a Site Development Stormwater Plan.
1.
Submission of Site Development Stormwater Plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection i3 below as part of the submission of the application for approval.
(b)
The applicant shall demonstrate that the project meets the standards
set forth in this section.
2.
Site Development Stormwater Plan Approval. The applicant's site
development project shall be reviewed as a part of the review process
by the municipal board or official from which municipal approval is
sought. That municipal board or official shall consult the municipality's
review engineer to determine if all of the checklist requirements
have been satisfied and to determine if the project meets the standards
set forth in this section.
3.
Submission of Site Development Stormwater Plan. The following information
shall be required:
(a)
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.
(b)
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.
(c)
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.
(d)
Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of Subsections c through e 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.
(e)
Stormwater Management Facilities Map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(1)
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.
(2)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
(f)
Calculations.
(1)
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection d of this section.
(2)
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.
(g)
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection j.
(h)
Waiver from Submission Requirements. The municipal official or board reviewing an application under this subsection may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection i3(a) through (f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
j.
Maintenance and Repair.
2.
General Maintenance.
(a)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(b)
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.
(c)
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.
(d)
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.
(e)
If the party responsible for maintenance identified under Subsection j2(c) above is not a public agency, the maintenance plan and any future revisions based on Subsection j2(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(f)
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.
(g)
The party responsible for maintenance identified under Subsection j2(c) above shall perform all of the following requirements:
(1)
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures, incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(2)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(h)
The requirements of Subsection j2(c) and (d) 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; https://www.njstormwater.org/maintenance_guidance.htm.
(i)
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.
3.
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.
k.
Penalties. Any person(s) 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: Not to
exceed $3,000 and/or 20 days in jail.
[1979 Code § 64-69B; Ord. No. 3-80; Ord. No. 12-96; Ord. No. 10-97 §§ 53-72; Ord. No. 2014-05 § 2; Ord. No. 2017-02]
a.
In general, site plans shall follow the principles of design relating
to subdivision where applicable.
b.
The provisions of this chapter, with respect to height, minimum lot
areas, mandatory open spaces and the like, shall be complied with.
c.
Adequate provision shall be made for off-street parking in accordance
with this chapter, and adequate traffic circulation, traffic safety
and protection to adjoining property shall be provided.
d.
Adequate provision shall be made for the disposal of stormwater pursuant
to § 30-17A, Stormwater Control, as approved by the Township
Engineer.
e.
The location, design or construction of any building shall not involve
risks of traffic congestion, public safety or hazard.
f.
The design or construction of any building or use shall not be so
markedly incongruous with the character of the neighborhood as to
materially affect the value of adjacent or nearby property.
g.
Any lighting in connection with off-street parking shall be so arranged
and shielded as to reflect the light downward away from adjoining
streets or properties.
h.
All parking areas shall provide for adequate ingress and egress and
safe and convenient traffic circulation. Access drives and aisles
shall be of sufficient width to permit safe access to parking spaces
and safe traffic movement.
i.
Off-street parking areas shall be used solely for the parking of
passenger automobiles, and no commercial repair work or service of
any kind shall be conducted on the parking lot nor shall such lots
be used for the parking of disabled, dismantled, inoperable or unregistered
vehicles.
j.
Each parking space shall have a minimum of nine feet by 18 feet.
Parking spaces of greater size are permitted where frequency of traffic
flow justify the same.
k.
Service Aisles.
1.
All parking areas shall be designed with service aisles to meet the
following standards:
|
Width of Aisles
| |
|---|---|
|
Type of Parking
|
(feet)
|
|
Parallel
|
12
|
|
30° angle
|
12
|
|
45° angle
|
13
|
|
60° angle
|
18
|
|
90° angle
|
24
|
2.
In addition, there shall be a minimum distance between parallel parking
spaces of six feet when found necessary to provide for convenient
access.
l.
Off-Street Parking and Loading Location Requirements. All off-street
parking and loading areas, except for parking which is accessory to
one-family dwellings, shall, unless otherwise provided by this chapter,
meet the location requirements prescribed in the following schedule:
|
Schedule
Minimum Distances in Feet for Location of Parking and Loading
Areas
| ||||
|---|---|---|---|---|
|
Zone(1)
|
From Buildings
|
From Streets
|
From Property Lines
|
From Residential Zones
|
|
AR-5/3
|
10
|
25
|
25
|
25
|
|
AR-5/2
|
10
|
25
|
25
|
25
|
|
AR-3.5/2
|
10
|
25
|
25
|
25
|
|
R-1
|
10
|
25
|
25
|
25
|
|
R-1.5
|
10
|
25
|
25
|
25
|
|
B
|
5(3)
|
15
|
15
|
25
|
|
AI-10
|
10
|
50
|
50
|
50
|
|
NOTE:
| |
|---|---|
|
1.
|
All uses except one-family dwellings
|
|
2.
|
Loading areas excepted
|
|
3.
|
Ten feet from front of building
|
m.
Parking and Loading Space Requirements.
1.
For off-street parking, except as otherwise noted in this chapter, for all new building or uses or additions to existing buildings or uses in all zone districts, there shall be provided the number of parking spaces required by the specific use as described in the schedule below. Where the parking requirement refers to floor area generally, gross floor area shall be used for determining parking. For buildings which are greater than 10,000 square feet in size, either gross floor area or net floor area (see § 30-4, Words and Phrases Defined) may be utilized to determine parking calculations. A maximum of 30% of the required parking based on the gross parking requirement may be reduced by utilizing net floor area calculations. The calculation for determining the gross parking requirement shall be as follows: determine percentages of use categories for the net floor area, i.e., 75% warehouse and 25% office, take those percentages and apply them to the gross floor area to determine gross parking required. The maximum reduction based on the net floor area is 30% of the gross parking requirement. When net floor area is used, any future change to excluded areas must be presented to the Technical Review Committee (TRC) for review and certification of the continued adequacy of the parking provided. The TRC may, at its discretion, refer the matter back to the Planning Board.
|
Uses
|
Required Parking Space
|
|---|---|
|
One-family dwellings
|
Per RSIS
|
|
Apartments
|
Per RSIS
|
|
Churches, auditoriums, and theaters, including school auditoriums
|
1 for each 3 seating spaces or equivalent accommodation provided
|
|
Assembly halls, community buildings, social clubs and institutions
|
1 for each 200 square feet of floor area
|
|
Funeral homes
|
20 for each slumber room
|
|
Retail stores or shops or similar establishments
|
1 for each 200 square feet of retail merchandising commercial
floor area
|
|
Banks
|
1 for each 300 square feet of floor area
|
|
Restaurants, eating and drinking places
|
1 for each 3 seats of floor area devoted to patron use
|
|
Business, professional and executive offices
|
1 for each 200 square feet of floor area devoted to office use
|
|
Bowling alleys, tennis and other court type sports facilities
|
2 for each person accommodated in maximum play
|
|
Furniture and appliance stores, motor vehicle sales, wholesale
stores, building materials stores and similar hardgoods sales, but
storage yards and buildings as part of a building materials operation
are not to be included in calculating required parking spaces
|
1 for each 300 square feet of floor area
|
|
Group homes
|
1 per bedroom, this shall include areas located within garage
facilities whether attached or detached as well as area available
for use elsewhere on the property without the necessity of paving
the same
|
|
Manufacturing plants, research laboratories and industries
|
1 for each 500 square feet of floor area
|
|
Warehouses and storage buildings
|
1 for each 1,000 square feet of floor area
|
|
Uses not specified
|
1 for each 200 square feet of floor area
|
|
Notes:
|
|---|
|
Garages may be counted for up to 50% of the required parking.
|
(a)
Any building containing more than one use shall meet the combined
parking space requirements for all uses in the building. Any change
in use within a building shall be required to meet the minimum parking
requirements for the new use.
(b)
Whenever it may be demonstrated that because of the nature of
the proposed use the parking requirements of this section are unnecessary
or excessive, a development plan may be approved showing less paved
parking area than is required by this Article; provided, however,
that a landscaped area of sufficient size to meet the deficiency shall
be set aside and reserved for the purpose of meeting future off-street
parking requirements in the event that actual experience or a change
of use of the lot shall make such additional off-street parking space
necessary. Whenever any exemption from the required parking area is
made pursuant to this section, the Certificate of Occupancy for the
particular lot shall be valid only for the particular use for which
it was issued, and any change of use shall only be permitted after
a new site plan shall have been submitted and reviewed and approved
by the Planning Board.
2.
Off-Street Loading Space Requirements. In all districts for every
building or use requiring the receipt or distribution in vehicles
of materials or merchandise, there shall be maintained on the same
premises with such building or use at least one off-street loading
space.
n.
Building and Site Design.
1.
Purpose. The provisions of this subsection are intended to promote
the health, safety and general welfare of the Township of Green by:
(a)
Promoting good quality of design and attractive appearance of
property.
(b)
Preserving and enhancing natural features and the natural environment.
(c)
Contributing to the amenities and attractiveness of an area
so as to maintain and improve the economic value and stability of
property.
(d)
Encouraging the most appropriate use and development of the
property and adjacent properties.
2.
Design Standards. The following standards shall be utilized by the
Planning Board in reviewing all development plans. These standards
are intended to provide a frame of reference for the applicant in
the development of site and building plans as well as a method of
review for the reviewing authority. These standards shall not be regarded
as inflexible requirements nor are they intended to discourage creativity,
invention and innovation. The specification of one or more particular
architectural styles is not included in these standards.
(a)
Preservation of landscape. The landscape shall be preserved
in its natural state, insofar as practicable and where desirable,
by minimizing tree and soil removal, and any grade changes shall be
in keeping with the general appearance of neighboring developed areas.
Landscape treatment that is appropriate to the area and the terrain
and which will enhance the overall appearance of the site shall be
employed.
(b)
Relation of proposed buildings to environment. Proposed structures
shall be related harmoniously to the terrain and to existing buildings
in the vicinity that have a visual relationship to the proposed buildings.
Such relationship shall be achieved by:
(1)
Architectural design which is harmonious with the character
of existing development.
(2)
The use of exterior colors, facade or roof materials or the
combination of colors and materials that are harmonious.
(3)
The relationship of design features, such as height and mass,
building proportions, roof lines, building projections and ornamental
features that will create a coordinated and harmonious appearance.
(c)
Design of building walls. All four sides of a building should
contribute to the architectural unity of the building. The use of
large unbroken masses is discouraged. All walls are to be constructed
of durable material requiring low maintenance. Desirable materials
such as brick, stone, glass, precast concrete and wood, when properly
treated, are encouraged. Where durability and performance are questionable,
the applicant may be asked to provide a manufacturer's guaranty or
proof of durability from an independent testing laboratory certification.
The use of exposed concrete block is prohibited, unless the same is
textured. Metal siding should not be used to such an extent that it
will be a dominant architectural feature.
(d)
Open space, circulation and parking. Open spaces, access driveways
and the location and design of parking areas shall be in scale with
the project as a whole. Special attention shall be given to location
and number of access points to the public streets, width of interior
drives and access points, general interior circulation, separation
of pedestrian and vehicular traffic and arrangement of parking areas
that are safe and convenient and, insofar as practicable, do not detract
from the design of proposed buildings and structures and the neighboring
properties.
(e)
Special features. Exposed storage areas; exposed machinery installations,
including roof installations; service areas; truck loading areas;
utility buildings and structures; and similar accessory areas and
structures shall be so located and screened with plantings or by other
methods as to prevent their being incongruous with the existing or
contemplated environment and the surrounding properties.
(f)
Surface water drainage. Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic and will not create puddles or the menace of ice in the paved areas. In addition, provision shall be made for stormwater management and control following the criteria established in § 30-17.1.
(g)
Utility service. Electric and telephone lines shall be underground.
Any utility installations remaining above ground shall be located
so as to have a harmonious relation to neighboring properties and
the site.
(h)
Advertising features. The size, locations, design, color, texture,
lighting and materials of all permanent signs and outdoor advertising
structures or features shall not detract from the design of proposed
buildings and structures and the surrounding properties nor create
confusion with traffic or any other signs, including off-site directional
signs.
(i)
Lighting. There shall be adequate controls of all illumination
or sky glow and glare.
(j)
Barrier-free construction. The use of barrier-free construction
techniques in buildings which are likely to be used by handicapped
persons is recommended and encouraged.
o.
(Reserved)
p.
All other applicable provisions of this chapter are met.
q.
The applicant has obtained necessary approvals of any State, County
or municipal agencies.
r.
Such other elements or aspects of the site plan or proposed use as
may relate to the design of the plan, the general environment of the
area or the health, safety and general welfare of the public.
[Ord. No. 2011-05 § 2; Ord. No. 2017-02]
Except as otherwise provided by this Article, the requirements
and limitations contained in the Schedule of Requirements (Zoning
Map and Schedule of Requirements) shall be complied with, as shall
the following conditions:
a.
The project shall be compatible architecturally from an overall project
standpoint and coordinated with adjacent development.
b.
Lighting fixtures, special paving materials, signs and any other
appropriate construction details shall be designed, to promote a uniform
theme and physical compatibility. Off-street parking areas shall be
designed, located and screened so as to minimize views from public
rights-of-way.
c.
Each project shall be developed according to a phasing schedule which
specifies a logical sequence of development. Each phase shall be self-sufficient
with respect to all site improvements (i.e. landscaping, lighting,
etc.) and infrastructure (i.e. paving, utilities, curbing, access,
parking, etc.) and any other requirements.
d.
Architectural concepts associated with each project shall be designed
to foster interesting facades with details designed to create visual
diversity and a unique sense of place relating to traditional villages
and town centers. Architecture shall be in accordance with the Architectural
Design Standards of this chapter.
e.
Projects shall include usable open space areas as an integral part
of the layout. Any land which is to be permanently protected from
development shall, where feasible, connect to other constrained or
protected lands within the project and on contiguous properties. Surface
water resources shall be surrounded by protected land and provided
with pedestrian access via paths along the edge and footbridges. Stormwater
detention basins shall blend into the landscape and not be permitted
in front yards unless essential for sound engineering reasons.
f.
Signage within the district shall be based on an overall sign plan
in accordance with the sign regulations of this chapter. The signage
plan shall promote a uniform design approach and shall specify all
design details including color, illumination and hours of illumination.
g.
Decorative walls and fences are encouraged to create interesting
design elements as part of the overall plan. Unique, natural and historic
features such as large or unique trees, rock outcrops, animal habitats,
sink holes, historic structures, stream channels and stone walls shall
be shown on the site/subdivision plans and protected.
h.
Site landscaping shall include appropriate groupings of plant materials
which are planned for ease of maintenance. Solar and seasonal conditions
shall be taken into consideration as they relate to public spaces
and the design layout shall take best advantage of those conditions.
Landscaping shall be in accordance with the landscape standards of
this chapter.
i.
A continuous safe and pleasant network of pedestrian sidewalks from
building to building with matching ground materials and textures as
a design vocabulary for the entire area shall be established employing
such materials as concrete paving blocks.
j.
Pedestrian walkways and/or bicycle ways shall be provided to connect
adjacent properties so that pedestrians or non-motorized bicycles
can reach significant community destinations in the most efficient
and expeditious manner possible. These walkways and bicycle ways shall
connect recreational facilities, residences, workplaces, community
facilities, water resources and other facilities in and outside the
proposed project in the most direct manner, through common lands,
rather than being located adjacent to roadways. Walkways within the
project shall be four to eight feet in width, and shall contain adjacent
areas for benches or other sitting areas.
k.
Off-street parking areas shall be designed and located to minimize
exposure to public rights-of-way. All parking areas shall be screened
on the perimeters and have internal landscaping at a rate of one tree
for each six spaces.
l.
Service areas, air-conditioning utility substations, loading docks,
garbage, recycling and other facilities generating glare and noise
shall be heavily buffered and screened from adjacent areas with 100%
visually impervious treatments and located out of the line of sight
of the roadway, where feasible. Fifteen-foot wide, six to eight-foot
high, all season planted and screened buffers separating all loading/service
areas from adjacent uses shall be provided.
[Ord. No. 3-97 § 64-91.1; Ord. No. 2011-05 § 2; Ord. No. 2017-02]
a.
All buildings, structures and amenities to be located in the Rural
Business Zone and Neighborhood Commercial Zone Districts shall comply
with the following architectural design standards:
b.
1.
Exterior Wall Surfaces and Materials.
(a)
Permitted exterior finish surfaces:
Wood or fiber cement simulated wood (i.e. hardiplank) siding.
Wood shakes or shingles and fiber cement simulated wood shakes
or shingles.
Native stone or stone veneers.
Brick or brick veneers (earth tones only).
Stucco or stucco-like finishes.
(b)
Prohibited Exterior Finish Surfaces:
Corrugated or ribbed siding materials.
Aluminum or vinyl siding.
Insulated fiberboard.
Plywood (or T-111).
Particle board.
Waferboard.
Hardboard.
Exposed concrete.
Concrete block.
Cinder block.
Exposed aggregate.
Fiberglass or plastic stone veneers.
2.
Roofing and Roofing Materials.
(a)
Permitted exterior finish surfaces:
Cedar.
Slate.
Composite materials-authenticating cedar, slate or Williamsburgstyle
materials.
Seamed metal roofing.
Copper roofing as an accent material only.
(b)
Prohibited roofing materials:
Sprayed or poured on substances.
Rolled roofing.
Corrugated or ribbed.
Flashing materials.
Anodized flashings.
(c)
Roofing designs:
Flat roofs are prohibited.
All roof penetration by utilities (pipe, vents, etc.) shall
be to the rear of the roof and out of view from the front of the building.
3.
Permitted Gutter and Leader Materials:
Galvanized steel.
Copper coated metal products.
Seamless commercial grade enameled aluminum.
No PVC or corrugated materials shall be permitted.
4.
Windows and Doors.
(a)
All windows and doors, including automatic and overhead doors,
shall contain divided lights representative of traditional designs.
(b)
No window or door shall contain a total undivided glazed area
exceeding four square feet.
(c)
All exterior door and window trim shall be of traditional design
of either wood or anodized aluminum in earth tones.
(d)
No doors or windows shall contain reflective glass.
(e)
No windows shall be jalousie type.
(f)
Sky lights and roof shall conform to the intent of the design
standards.
(g)
All exterior doors are to be paneled.
(h)
Aluminum and vinyl coated windows, but not solid vinyl windows,
shall be permitted.
5.
Exterior Window and Door Treatments. All exterior window and door
treatments shall be compatible with the overall design standards,
aesthetic value, color and character of the architecture of the structure
itself.
6.
Building Design and Placement. The following criteria are to be utilized
in the designing and placement of buildings and structures:
(a)
Building design and materials shall architecturally represent
traditional styles and shall reflect the authentic and historic ambiance
of the community.
(b)
No building exterior shall be identical to or the mirror image
of any other building in the immediate area.
Shed structures shall mirror the architectural style of the
building.
(c)
No building shall measure more than 120 feet in any plane.
(d)
Building offsets of a minimum of four feet shall be provided
at a minimum of every 40 feet along each building wall to provide
architectural interest and diversity. Roof lines and exterior surfaces
shall compliment these offsets.
(e)
The complimentary relationship of one building's roof lines,
materials, colors and floor and window placement to adjacent buildings
shall be considered to avoid strip type development.
(f)
Buildings located in direct line of sight to vehicular traffic,
such as at the end of a view corridor, shall represent the best in
design standards as these are significant focal points.
(g)
Places of worship shall be of traditional design, as a forefront building in the community, and shall comply with the architectural design standards of § 30-17.3B, preferably with a steeple or spire.
(h)
All electrical service and telephone cables serving buildings
in the Rural Zone District and Neighborhood Commercial Zone District
shall be underground.
[Ord. No. 2011-05 § 2; Ord. No. 2017-02]
a.
Landscape Plan. A landscaping plan shall be submitted with each site
plan and major subdivision application, unless an exception is granted.
The plan shall identify existing and proposed trees, shrubs, ground
cover, and natural features. 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.
b.
Purpose. To create visually appealing and functional rural business
and neighborhood commercial zones with provisions for adequate screening,
shade, climate control, and aesthetic design throughout the seasons.
Lowmaintenance landscaping that provides retention and planting of
native vegetation and minimized the use of lawn, fertilizers, and
pesticides are encouraged. Local soil conditions and water availability
shall be considered in the choice of landscaping.
1.
Parking Lots.
(a)
At least 5% of the interior parking area shall be landscaped
with plantings, and one tree for each 10 spaces shall be installed.
(b)
Planting required within the parking lot is exclusive of other
planting requirements, such as street trees.
(c)
All landscaping shall be placed so that it will not obstruct
sight distance.
(d)
The following planting schedule is recommended for use in parking
lot and parking island perimeter areas:
(1)
Eastern White Pine-sheared nursery stock, minimum height of
six feet, planted to a maximum of six feet on center, in staggered
placement, in combination with Norway Spruce and Douglas Fir nursery
stock, minimum height of six feet, planted a maximum of six feet on
center, in staggered placement to provide a fuller screening from
all focal points.
(e)
The developers' maintenance guaranty period shall be 24 months
on all nursery stock.
2.
Building Foundations. All above grade portions of building foundation
beds shall be planted with foundation plantings.
(a)
Foundation plantings shall be provided along all publicly visible
sides.
(b)
Types of plantings shall include ornamental shade trees in open
areas, with shrub planting species such as ilex holly varieties, juniper
varieties, abelia, inkberry, boxwood, barberry, etc., constituted
of a full ground cover planting, with open areas for annuals or perennials,
in a three inch bedding mulch or decorative stone.
(c)
Building foundation plantings shall be provided to complement
the building architecture and to blend the building into the surrounding
landscape.
3.
Open Areas. All open front and side open areas are to be sodded,
all rear open areas are to be sodded or seed and mulched. All open
field areas, exclusive of sports fields, shall be sodded or seeded
and mulched and shall have shade trees planted at a minimum of one
tree per every 2,000 square feet.
4.
Street Plantings. Street trees shall be installed on both sides of
all streets in accordance with the approved landscape plan.
(a)
Spacing: When trees are planted at predetermined intervals along
streets, spacing shall depend on tree size as follows:
|
Planting Tree Size
(feet at maturity)
|
Interval
(feet)
|
|---|---|
|
Large Trees (40+)
|
50 to 70
|
|
Medium-sized trees (30 to 40)
|
40 to 50
|
|
Small trees up to (30)
|
30 to 40
|
|
When the spacing interval exceeds 40 feet, small ornamental
trees can be spaced between the larger trees. If a street canopy effect
is desired, trees may be planted closer together, following the recommendations
of a certified landscape architect. The 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 Planning Board as part of the landscape plan.
|
(b)
Tree Type: Trees which shall have a minimum caliper of 2.5 inches,
and shall be of sound nursery stock, properly prepared for transplanting,
(bare root plantings are prohibited) and shall be of the following
species:
|
October Glory Maple
|
Red maple
|
|---|---|
|
Greenspire American Ash
|
Thornless Honey Locust
|
|
Redspire Callery Pear
|
Green Ash
|
|
Little Leaf Locust
|
Zelkova Serrata Village Green
|
(c)
All trees along a road should be of similar form, height and
character to promote uniformity and allow for smooth visual transition
between species.
(d)
Within sight triangles, a single tree may be permitted only
with site-specific approval of the Township Engineer. Such trees,
including those at driveways, shall be of such size as will enable
them to be immediately pruned up to seven feet branching height upon
planting. Street trees shall be located so as not to interfere with
street lights or other utilities.
5.
Street Furniture:
(a)
Street furniture, including but not limited to trash receptacles,
benches, etc., shall be located and sized in accordance with their
functional need.
(b)
Street furniture elements shall be compatible in form, material
and finish. Style shall be coordinated with that of the existing or
proposed site architecture.
(c)
Selection of street furniture shall consider durability, maintenance
and long term cost.
6.
Buffering and Screening: Buffering shall provide year-round visual
screen where the Board deems it necessary and shall at least minimize
adverse visual and auditory impacts from a site on an adjacent property.
(a)
Buffers and screens are required when:
(1)
When topographic or other barriers do not provide reasonable
screening and when the Planning Board determines that there is a need
to shield the site from 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 Planning Board may require landscaping, fences
or walls to ensure privacy and to screen dwelling units.
(2)
Required buffers shall feature appropriate screening materials
as described below.
(3)
Conditions that require buffering and screening include: more
intensive uses abut less intensive uses, sites contain parking areas,
garbage collection, utility areas, loading and unloading areas, and
where residential lots abut higher order streets (collector or arterial).
(b)
Allowed screening materials.
(1)
Screening may consist of fencing, evergreens, berms, rocks,
boulders, mounds or combinations thereof to achieve the stated objectives.
(2)
Plant materials shall be sufficiently large and planted in such
a fashion that a screen at least eight feet in height shall be produced
within three growing seasons. All plantings shall be installed according
to accepted horticultural standards.
(c)
Required buffer dimensions and design:
(1)
Arrangement of plantings in buffers shall provide maximum protection
to adjacent properties and avoid damage to existing plant material.
Possible arrangements include planting in parallel, serpentine or
broken rows. If planted berms are used, the minimum top width shall
be four feet, and the maximum side slope shall be 2:1.
(2)
When required, buffers shall be measured from side and rear
property lines, excluding access driveways.
(3)
Where more intensive land uses abut less intensive uses, a buffer
strip 25 feet in width, but not to exceed 10% of the lot area in width,
shall be required.
(4)
Parking areas, garbage collection and utility areas and loading
and unloading areas should be screened at their perimeter by a buffer
strip a minimum of five feet wide.
(5)
Where residential subdivisions abut higher-order streets (collector
or arterial), a landscaped buffer area should be provided along the
property line abutting the road. The buffer strip shall be a minimum
of 25 feet to 35 feet wide or wider where necessary for the health
and safety of the residents, but not to exceed 10% of the lot area,
and shall include both trees and shrubs.
(6)
No buildings, structures, storage of materials or parking shall
be permitted within the buffer area; buffer areas shall be maintained
and kept free of all debris, rubbish, weeds and tall grass.
7.
Alternatives for Areas Requiring Lower Screening or Hedging. At the
request of the developer and upon approval of the Planning Board the
following species of plantings may be utilized:
(a)
Deciduous materials, i.e., forsythia, spirea, sand cherry, viburnum,
dogwood; size three to four feet, spacing three to 3 1/2 feet
on center.
(b)
Evergreen materials, i.e., holly, juniper, arborvitae (with
additional protection for deer damage), size three to four feet, spacing
2 1/2 to three feet on center for full screening.
8.
Planting Standards.
(a)
In the development of a landscape plan, the plant species selected
should be plant materials that are known to be deer-resistant. A complete
list of Landscaping Planted Rated by Deer Resistance is available
from Rutgers Cooperative Research and Extension Service at http://njaes.rutgers.edu/deerresistance.
(b)
All Landscape plants shall be typical specimens conforming to
the American Standard of Nursery Stock, ANSI Z60.1-2004, as published
by the American Nursery & Landscape Association. Per ANSI Z60.1-2004
Caliper measurement of the trunk shall be taken six inches above the
ground up to and including four-inch caliper size. If the caliper
at six inches above the ground exceeds four inches, the caliper should
be measured at 12 inches above the ground.
(c)
All plants shall be installed in accordance with the standards
established by the American Nursery & Landscape Association. Details
for tree guying and staking shall be in accordance with acceptable
nursery practices and as approved by the Township. Landscaping planting
details, plant lists and landscaping notes shall be provided on all
landscaping plans submitted to the Township.
(d)
All planting beds, tree pits and ground cover areas shall be
mulched and be maintained with a minimum three inch depth of organic
shredded bark mulch. Lawn areas adjacent to beds shall be edged to
prevent encroachment of turf and present a neat, distinct border and
appearance.
(e)
Areas with decorative stone or other materials shall be maintained
with a neat appearance and at such a level that no weeds, bare ground
or soil are exposed.
(f)
Topsoil preservation: Topsoil moved during the course of construction
shall be redistributed on all regarding 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 or planting.
(g)
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, 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. A developer shall be exempt from these
provisions, however, and shall be permitted to dispose of site generated
new construction waste on-site as long as the conditions set forth
in N.J.A.C 7:26-1.7 are met.
(h)
Slope plantings: landscaping of the area of all cuts and fills
and/or terraces shall be sufficient to prevent erosion, and all roadway
slopes shall be planted with ground covers appropriate for the purpose
and soil conditions, water availability and environment.
(i)
Additional Landscaping. In residential developments, in addition
to the screening and street trees required, additional planting or
landscaping elements shall be required throughout the subdivision
where necessary for climate control, privacy or aesthetic reasons
in accordance with a planting plan approved by the Planning Board
and taking into consideration cost constraints. 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 ground cover, shrubs and trees as part of a site plan approved
by the Planning Board.
(j)
Plant species. The plant species selected should be hardy for
the local climatic zone and appropriate in terms of function and size.
(k)
Planting seasons. The planting of trees, shrubs, vines and ground
cover shall be installed during the fall and spring planting seasons:
|
Planting Season
|
Dates
|
Item
|
|---|---|---|
|
Fall
|
8/15 to 12/15
|
Evergreen plants
|
|
10/15 to 12/15
|
Deciduous plants
| |
|
Spring
|
3/1 to 5/15
|
All plants
|
|
Furthermore, the following tree varieties shall not be planted
during the fall planting season due to the hazards associated with
transplanting these trees in this season:
|
|
Acer Rubrum
|
|
Betula varieties
|
|
Carpinus varieties
|
|
Crategus varieties
|
|
Koelreuteria
|
|
Liquidamber styraciflua
|
|
Liriodendron tulipifera
|
|
Platanus acerifolia
|
|
Populus varieties
|
|
Prunus varieties
|
|
Pyrus varieties
|
|
Quercus varieties
|
|
Salix weeping
|
|
Tilia Tomentosa
|
|
Zelkova varieties
|
|
Any plantings installed in conflict with this requirement must
receive the written approval of the Township Engineer or landscape
architect, prior to planting. Failure to comply with these requirements
will require the removal of the plantings in question. This requirement
does not apply to seeding or sodding or plantings specifically for
soil stabilization purposes.
|
|
Subsequent to landscape installation and until release of performance
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.
|
9.
Tree Conservation. Clearing, grading and development of the site
shall be undertaken in a manner so as to protect, to the greatest
extent practicable, existing trees, shrubs, vegetation and other natural
vegetative materials in accordance with a plan submitted to and reviewed
and approved by the Planning Board prior to the undertaking of any
land disturbance and prior to the issuance of any land disturbance/construction
permit. Maximum effort should be made to save fine plant specimens
(because of size or relative rarity).
(a)
No construction material or temporary soil deposits shall be
placed within six feet of shrubs or 12 feet of trees designated to
be retained on the site plans.
(b)
Protective barriers or tree wells shall be installed around
each plant 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 durable material that will last until construction
is completed. Snow fences and chain link fencing are examples of acceptable
barriers.
(c)
Protection of existing plantings: Maximum effort should be made
to save fine specimens (because of size or relative rarity). No material
or temporary soil deposits shall be placed within four feet of shrubs
or 10 feet of trees designated to be retained on the preliminary and/or
final plat. Protective barrier 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 durable material that will last until construction
is completed. Snow fences and silt fences are examples of acceptable
barriers.
10.
Stormwater Management Area Landscaping. Green Township encourages
developers to utilize environmentally friendly stormwater retention
solutions as part of their stormwater management plans.
(a)
Stormwater management areas include retention and detention
basins, drainage ditches and swales and wetlands areas. Sensitively
designed and landscaped basins and swales can benefit the health,
welfare, and safety of Township residents. This may involve integration
of these areas as aesthetic landscape features, naturalized wetland
areas or active and passive recreation areas, in addition to their
stormwater management function.
(b)
The area shall be graded creatively to blend into the surrounding
landscape and imitate a natural depression with an irregular edge.
This shall include gentle berming.
(c)
The ground surface of stormwater management areas shall be seeded
with an appropriate naturalization, wildflower and/or meadow grass
mix. The specific blend shall be approved by the Township Engineer
or landscape architect.
(d)
All woody and herbaceous plants shall be species indigenous
to the area and/or tolerant of typical wet/dry floodplain conditions.
(e)
The perimeter area (slopes above the high water line) shall
include shade trees, evergreen trees, ornamental trees, shrubs and
grasses screening drainage structures and creating visual interest.
A continuous landscape area shall be provided.
(f)
Provisions for emergency access as well as general maintenance
of the basins shall be reviewed by the Township Engineer. Plantings
shall be designed to disguise yet not hinder vehicular access.
(g)
Plantings are not permitted upon any dikes associated with a
detention basin unless approved by the Township Engineer. Plants with
pervasive root systems shall not be located where they may cause damage
to drainage pipes or other underground utilities.
The following are guidelines for plant quantities around stormwater
management areas:
|
Shade trees
|
80 per 1,000 linear feet
|
|
Evergreen trees
|
40 per 1,000 linear feet
|
11.
Maintenance:
a.
Trees shall be properly planted and staked and provisions 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 next planting season.
b.
Plantings shall be watered regularly and in a manner appropriate
for the specific plant species through the first growing season.
c.
The planting and continuing maintenance of all street trees,
shrubs, ground cover and other decorative screening or hedging, trees,
plants and vegetation, as provided hereinabove. Shall be undertaken
in accordance with prevailing horticultural practices that conform
to the standards of the American Nursery & Landscaping Association.
[1979 Code § 64-71.1; Ord. No.
2017-02]
In the case of a residential cluster, the developer shall provide
for an organization for the ownership and maintenance of any open
space for the benefit of owners or residents of the development, unless
the open space is to be dedicated to the Township.
a.
Such organization shall not be dissolved and shall not dispose of
any open space, by sale or otherwise, except to an organization conceived
and established to own and maintain the open space for the benefit
of such development, and thereafter such organization shall not be
dissolved or dispose of any of its open space without first offering
to dedicate the same to the Township.
b.
In the event that such organization shall fail to maintain the open
space in reasonable order and condition, the Township Committee may
serve written notice upon such organization or upon the owners of
the development, setting forth the manner in which the organization
has failed to maintain the open space in reasonable condition, and
the notice shall include a demand that such deficiencies of maintenance
be cured within 35 days thereof and shall state the date and place
of a hearing thereon, which shall be held within 50 days of the notice.
At such hearing, the Township Committee may modify the terms of the
original notice as to deficiencies and may give a reasonable extension
of time not to exceed 65 days within which they shall be cured. If
the deficiencies set forth in the original notice or in the modification
thereof shall not be cured within said 35 days or any permitted extension
thereof, the Township Committee, in order to preserve the open space
and maintain the same for a period of one year, may enter upon and
maintain such land. The entry and maintenance shall not vest in the
public any rights to use the open space except when the same is voluntarily
dedicated to the public by the owners. Before the expiration of the
year, the Township Committee shall, upon its initiative or upon the
request of the organization theretofore responsible for the maintenance
of the open space, call a public hearing upon 15 days' written notice
to such organization and to the owners of the development, to be held
by the Township Committee, at which hearing such organization and
the owners of the development shall show cause why such maintenance
by the municipality shall not, at the election of the municipality,
continue for a succeeding year. If the Township Committee shall determine
that such organization is ready and able to maintain the open space
in reasonable condition, the municipality shall cease to maintain
the open space at the end of the year. If the Township Committee shall
determine such organization is not ready and able to maintain the
open space in a reasonable condition, the municipality may, in its
discretion, continue to maintain the open space during the next succeeding
year, subject to a similar hearing and determination in each year
thereafter. The decision of the Township Committee in any such case
shall constitute a final administrative decision, subject to judicial
review.
c.
The cost of such maintenance by the municipality shall be assessed
pro rata against the properties within the development that have a
right of enjoyment of the open space, in accordance with assessed
value at the time of imposition of the lien, and shall become a lien
and tax on the properties and be added to and be a part of the taxes
to be levied and assessed thereon and enforced and collected with
interest by the same officers and in the same manner as other taxes.
[1979 Code § 64-79; Ord. No. 23-97 § 1; Ord. No. 2017-02]
a.
Arterial, Collector, Minor and Marginal Access Streets and Site Plan
Pavement Specifications.
|
Arterial Street
|
Collector Street
|
Minor Street
|
Marginal Access Street and Site Plan Pavement Specifications
| |
|---|---|---|---|---|
|
Right-of-way width
|
66 feet
|
50 feet
|
50 feet
|
50 feet
|
|
Pavement width between curbs
|
46 feet
|
33 feet
|
28 feet
|
28 feet
|
|
Riding lane width
|
13 feet
| |||
|
Slope of pavement
|
2% from center-line
|
2% from center-line
|
2% from center-line
|
2% from center-line
|
|
Paved shoulder width
|
10 feet
|
None
|
None
|
None
|
|
Shoulder slope
|
4%
|
None
|
None
|
None
|
|
Curbing
|
9 inches by 18 inches concrete curb Class B concrete or granite
block curb
|
Same as for arterial street
|
Same as for arterial street
|
Same as for arterial street
|
|
Type and Depth of Road Construction:
| ||||
|
Pavement
|
3 inches HMA 9.5M64
|
2 inches HMA 9.5M64
|
2 inches HMA 9.5M64
|
2 inches HMA 9.5M64
|
|
Base course
|
6 inches HMA 2.5M64
|
4 inches HMA 2.5M64
|
4 inches HMA 2.5M64
|
4 inches HMA 2.5M64
|
|
Subbase
|
6 inches DGA
|
4 inches DGA
|
4 inches DGA
|
4 inches DGA
|
|
Earth berm width behind curb
|
10 feet
|
7 feet
|
5 feet
|
5 feet
|
|
Slope of berm
|
2% towards curb
|
2% towards curb
|
2% towards curb
|
2% towards curb
|
|
Cut slope in earth
|
2:1
|
2:1
|
2:1
|
2:1
|
|
Cut slope in rock
|
1:4
|
1:4
|
1:4
|
1:4
|
|
Fill slope, 0-5 feet
|
4:1
|
4:1
|
4:1
|
4:1
|
|
Fill slope, 5 feet and over
|
2:1
|
2:1
|
2:1
|
2:1
|
|
Topsoiling depth on berms and earth slopes
|
4 inches
|
4 inches
|
4 inches
|
4 in
|
|
Seeding type on berms and slopes under 5 feet
|
Type A
|
Type A
|
Type A
|
Type A
|
|
Seeding type on slopes over 5 feet
|
Type E
|
Type E
|
Type E
|
Type E
|
|
Design speed
|
50 mph
|
35-45 mph
|
35 mph
|
35 mph
|
|
Maximum grade
|
8.0%
|
10.0%
|
12.0%
|
14.0%
|
|
Minimum grade
|
0.5%
|
0.5%
|
0.5%
|
0.5%
|
|
Minimum center-line radius
|
1,000.0 feet
|
500.0 feet
|
150.0 feet
|
150.0 feet
|
|
Storm Sewer Design:
| ||||
|
Maximum distance between inlets
|
400.0 feet
|
400.0 feet
|
400.0 feet
|
400.0 feet
|
|
Storm frequency period with land usefully developed
|
25 yr.
|
25 yr.
|
25 yr.
|
25 yr.
|
|
Minimum pipe size
|
15 inches
|
15 inches
|
15 inches
|
15 inches
|
|
Type of pipe
|
R.C.C.P.
|
R.C.C.P.
|
R.C.C.P.
|
R.C.C.P.
|
|
Type of headwall
|
Class C concrete
|
Class C concrete
|
Class C concrete
|
Class C concrete
|
|
Specifications to Govern Construction
|
Latest edition of New Jersey State Department of Transportation
Standard Specifications for Road and Bridge Construction and amendments
thereto
| |||
|
NOTE: For residential streets cartway and right-of-way width
shall be in accordance with N.J.A.C. 5:21, Table 4.3
|
[1]
Editor's Note: Former § 30-17.5, Recreation and
Open Space Requirements for All Residential Developments, previously
codified herein and containing portions of 1979 Code § 64-71.1
and Ordinance Nos. 6-90 and 03-20, was repealed in its entirety by
Ordinance No. 09-20.
